第 5 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  tice between  man and man。  Its office is positive as well as negative。  It is  needed to render effective the solidarity of the individuals of a  nation; and to render the nation an organism; not a mere  organizationto combine men in one living body; and to  strengthen all with the strength of each; and each with the  strength of allto develop; strengthen; and sustain individual  liberty; and to utilize and direct it to the promotion of the  common wealto be a social providence; imitating in its order  and degree the action of the divine providence itself; and; while  it provides for the common good of all; to protect each; the  lowest and meanest; with the whole force and majesty of society。   It is the minister of wrath to wrong… 19                                     doers; indeed; but its nature  is beneficent; and its action defines and protects the right of  property; creates and maintains a medium in which religion can  exert her supernatural energy; promotes learning; fosters science  and art; advances civilization; and contributes as a powerful  means to the fulfilment by man of the Divine purpose in his  existence。  Next after religion; it is man's greatest good; and  even religion without it can do only a small portion of her work。   They wrong it who call it a necessary evil; it is a great good;  and; instead of being distrusted; hated; or resisted; except in  its abuses; it should be loved; respected; obeyed; and if need  be; defended at the cost of all earthly goods; and even of life  itself。
  The nature or essence of government is to govern。  A government  that does not govern; is simply no government at all。  If it has  not the ability to govern and governs not; it may be an agency;  an instrument in the bands of individuals for advancing their  private interests; but it is not government。  To be government it  must govern both individuals and the community。  If it is a mere  machine for making prevail the will of one man; of a certain  number of men; or even of the community; it may be very effective  sometimes for good; sometimes 20                               for evil; oftenest for evil; but  government in the proper sense of the word it is not。  To govern  is to direct; control; restrain; as the pilot controls and  directs his ship。  It necessarily implies two terms; governor and  governed; and a real distinction between them。  The denial of all  real distinction between governor and governed is an error in  politics analogous to that in philosophy or theology of denying  all real distinction between creator and creature; God and the  universe; which all the world knows is either pantheism or pure  atheismthe supreme sophism。  If we make governor and governed  one and the same; we efface both terms; for there is no governor  nor governed; if the will that governs is identically the will  that is governed。  To make the controller and the controlled the  same is precisely to deny all control。  There must; then; if  there is government at all; be a power; force; or will that  governs; distinct from that which is governed。  In those  governments in which it is held that the people govern; the  people governing do and must act in a diverse relation from the  people governed; or there is no real government。
  Government is not only that which governs; but that which has the  right or authority to govern。  Power without right is not  govern… 21       ment。  Governments have the right to use force at need; but  might does not make right; and not every power wielding the  physical force of a nation is to be regarded as its rightful  government。  Whatever resort to physical force it may be obliged  to make; either in defence of its authority or of the rights of  the nation; the government itself lies in the moral order; and  politics is simply a branch of ethicsthat branch which treats  of the rights and duties of men in their public relations; as  distinguished from their rights and duties in their private  relations。
  Government being not only that which governs; but that which has  the right to govern; obedience to it becomes a moral duty; not a  mere physical necessity。  The right to govern and the duty to  obey are correlatives; and the one cannot exist or be conceived  without the other。  Hence loyalty is not simply an amiable  sentiment but a duty; a moral virtue。  Treason is not merely a  difference in political opinion with the governing authority; but  a crime against the sovereign; and a moral wrong; therefore a sin  against God; the Founder of the moral Law。  Treason; if committed  in other Countries; unhappily; has been more frequently termed by  our countrymen Patriotism and loaded with honor than branded as a  crime; the 22            greatest of crimes; as it is; that human governments  have authority to punish。  The American people have been chary of  the word loyalty; perhaps because they regard it as the  correlative of royalty; but loyalty is rather the correlative of  law; and is; in its essence; love and devotion to the sovereign  authority; however constituted or wherever lodged。  It is as  necessary; as much a duty; as much a virtue in republics as in  monarchies; and nobler examples of the most devoted loyalty are  not found in the world's history than were exhibited in the  ancient Greek and Roman republics; or than have been exhibited by  both men and women in the young republic of the United States。   Loyalty is the highest; noblest; and most generous of human  virtues; and is the human element of that sublime love or charity  which the inspired Apostle tells us is the fulfilment of the law。   It has in it the principle of devotion; of self…sacrifice; and  is; of all human virtues; that which renders man the most  Godlike。  There is nothing great; generous; good; or heroic of  which a truly loyal people are not capable; and nothing mean;  base; cruel; brutal; criminal; detestable; not to be expected of  a really disloyal people。  Such a people no generous sentiment  can move; no love can bind。  It mocks at duty; scorns vir… 23                                                          tue;  tramples on all rights; and holds no person; no thing; human or  divine; sacred or inviolable。  The assertion of government as  lying in the moral order; defines civil liberty; and reconciles  it with authority。  Civil liberty is freedom to do whatever one  pleases that authority permits or does not forbid。  Freedom to  follow in all things one's own will or inclination; without any  civil restraint; is license; not liberty。  There is no lesion to  liberty in repressing license; nor in requiring obedience to the  commands of the authority that has the right to command。  Tyranny  or oppression is not in being subjected to authority; but in  being subjected to usurped authorityto a power that has no  right to command; or that commands what exceeds its right or its  authority。  To say that it is contrary to liberty to be forced to  forego our own will or inclination in any case whatever; is  simply denying the right of all government; and falling into  no…governmentism。  Liberty is violated only when we are required  to forego our own will or inclination by a power that has no  right to make the requisition; for we are bound to obedience as  far as authority has right to govern; and we can never have the  right to disobey a rightful command。  The requisition; if made by  right… 24      ful authority; then; violates no right that we have or can  have; and where there is no violation of our rights there is no  violation of our liberty。  The moral right of authority; which  involves the moral duty of obedience; presents; then; the ground  on which liberty and authority may meet in peace and operate to  the same end。
  This has no resemblance to the slavish doctrine of passive  obedience; and that the resistance to power can never be lawful。   The tyrant may be lawfully resisted; for the tyrant; by force of  the word itself; is a usurper; and without authority。  Abuses of  power may be resisted even by force when they become too great to  be endured; when there is no legal or regular way of redressing  them; and when there is a reasonable prospect that resistance  will prove effectual and substitute something better in their  place。  But it is never lawful to resist the rightful sovereign;  for it can never be right to resist right; and the rightful  sovereign in the constitutional exercise of his power can never  be said to abuse it。  Abuse is the unconstitutional or wrongful  exercise of a power rightfully held; and when it is not so  exercised there is no abuse or abuses to redress。  All turns;  then; on the right of power; or its legitimacy。  Whence does  government de… 25              rive its right to govern?  What is the origin and  ground of sovereignty?  This question is fundamental and without  a true answer to it politics cannot be a science; and there can  be no scientific statesmanship。  Whence; then; comes the  sovereign right to govern?
  26 CHAPTER III。
  ORIGIN OF GOVERNMENT
  Government is both a fact and a right。  Its origin as a fact; is  simply a question of history; its origin as a right or authority  to govern; is a question of ethics。  Whether a certain territory  and its popula