第 13 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  ther answered。  The  nation; then; is not purely personal; but also territorial。   Then; again; the question comes up; who or what determines the  territory?  The government?  But not before it is constituted;  and it cannot be constituted till its territorial limits are  determined。  The tribe doubtless occupies territory; but is not  fixed to it; and derives no jurisdiction from it; and therefore  is not territorial。  But a nation; in the modern or civilized  sense; is fixed to the territory; and derives from it its  jurisdiction; or sovereignty; and; therefore; till the territory  is determined; the nation is not and cannot be determined。
  The question is not an idle question。  It is one of great  practical importance; for; till it is settled; we can neither  determine who are the sovereign people; nor who are united under  one and the same government。  Laws have no extra…territorial  force; and the officer who should attempt to enforce the national  laws beyond the national territory would be a trespasser。  If the  limits are undetermined; the government is not territorial; and  can claim as within its jurisdiction only those who choose to  acknowledge its authority。  The importance of the question has 77 been recently brought home to the American people by the  secession of eleven or more States from the Union。  Were these  States a part of the American nation; or were they not?  Was the  war which followed secession; and which cost so many lives and so  much treasure; a civil war or a foreign war?  Were the  secessionists traitors and rebels to their sovereign; or were  they patriots fighting for the liberty and independence of their  country and the right of self…government?  All on both sides  agreed that the nation is sovereign; the dispute was as to the  existence of the nation itself; and the extent of its  jurisdiction。  Doubtless; when a nation has a generally  recognized existence as an historical fact; most of the  difficulties in determining who are the sovereign people can be  got over; but the question here concerns the institution of  government; and determining who constitute society and have the  right to meet in person; or by their delegates in convention;  to institute it。  This question; so important; and at times so  difficult; the theory of the origin of government in the people  collectively; or the nation; does not solve; or furnish any means  of solving。
  But suppose this difficulty surmounted there is still another;  and a very grave one; to over… 78                              come。  The theory assumes that the  people collectively; 〃in their own native right and might;〃 are  sovereign。  According to it the people are ultimate; and free to  do whatever they please。  This sacrifices individual freedom。   The origin of government in a compact entered into by  individuals; each with all and all with each; sacrificed the  rights of society; and assumed each individual to be in himself  an independent sovereignty。  If logically carried out; there  could be no such crime as treason; there could be no state; and  no public authority。  This new theory transfers to society the  sovereignty which that asserted for the individual; and asserts  social despotism; or the absolutism of the state。  It asserts  with sufficient energy public authority; or the right of the  people to govern; but it leaves no space for individual rights;  which society must recognize; respect; and protect。  This was the  grand defect of the ancient Graeco…Roman civilization。  The  historian explores in vain the records of the old Greek and Roman  republics for any recognition of the rights of individuals not  held as privileges or concessions from the state。  Society  recognized no limit to her authority; and the state claimed over  individuals all the authority of the patriarch over his  household; 79            the chief over his tribe; or the absolute monarch over  his subjects。  The direct and indirect influence of the body of  freemen admitted to a voice in public affairs; in determining the  resolutions and action of the state; no doubt tempered in  practice to some extent the authority of the state; and prevented  acts of gross oppression; but in theory the state was absolute;  and the people individually were placed at the mercy of the  people collectively; or; rather; the majority of the collective  people。
  Under ancient republicanism; there were rights of the state and  rights of the citizen; but no rights of man; held independently  of society; and not derived from God through the state。  The  recognition of these rights by modern society is due to  Christianity: some say to the barbarians; who overthrew the Roman  empire; but this last opinion is not well founded。  The barbarian  chiefs and nobles had no doubt a lively sense of personal freedom  and independence; but for themselves only。  They had no  conception of personal freedom as a general or universal right;  and men never obtain universal principles by generalizing  particulars。  They may give a general truth a particular  application; but not a particular truthunderstood to be a  particular trutha general or universal 80                                          application。  They are  too good logicians for that。  The barbarian individual freedom  and personal independence was never generalized into the doctrine  of the rights of man; any more than the freedom of the master has  been generalized into the right of his slaves to be free。  The  doctrine of individual freedom before the state is due to the  Christian religion; which asserts the dignity and worth of every  human soul; the accountability to God of each man for himself;  and lays it down as law for every one that God is to be obeyed  rather than men。  The church practically denied the absolutism of  the state; and asserted for every man rights not held from the  state; in converting the empire to Christianity; in defiance of  the state authority; and the imperial edicts punishing with death  the profession of the Christian faith。  In this she practically;  as well as theoretically; overthrew state absolutism; and infused  into modern society the doctrine that every individual; even the  lowest and meanest; has rights which the state neither confers  nor can abrogate; and it will only be by extinguishing in modern  society the Christian faith; and obliterating all traces of  Christian civilization; that state absolutism can be revived with  more than a partial and temporary success。
  81 The doctrine of individual liberty may be abused; and so  explained as to deny the rights of society; and to become pure  individualism; but no political system that runs to the opposite  extreme; and absorbs the individual in the state; stands the  least chance of any general or permanent success till  Christianity is extinguished。  Yet the assertion of principles  which logically imply state absolutism is not entirely harmless;  even in Christian countries。  Error is never harmless; and only  truth can give a solid foundation on which to build。   Individualism and socialism are each opposed to the other; and  each has only a partial truth。  The state founded on either  cannot stand; and society will only alternate between the two  extremes。  To…day it is torn by a revolution in favor of  socialism; to…morrow it will be torn by another in favor of  individualism; and without effecting any real progress by either  revolution。  Real progress can be secured only by recognizing and  building on the truth; not as it exists in our opinions or in our  theories; but as it exists in the world of reality; and  independent of our opinions。
  Now; social despotism or state absolutism is not based on truth  or reality。  Society has certain rights over individuals; for she  is a 82      medium of their communion with God; or through which they  derive life from God; the primal source of all life; but she is  not the only medium of man's life。  Man; as was said in the  beginning; lives by communion with God; and he communes with God  in the creative act and the Incarnation; through his kind; and;  through nature。  This threefold communion gives rise to three  institutionsreligion or the church; society or the state; and  property。  The life that man derives from God through religion  and property; is not derived from him through society; and  consequently so much of his life be holds independently of  society; and this constitutes his rights as a man as  distinguished from his rights as a citizen。  In relation to  society; as not held from God through her; these are termed his  natural rights; which; she must hold inviolable; and government  protect for every one; whatever his complexion or his social  position。  These rightsthe rights of conscience and the rights  of property; with all their necessary implicationsare  limitations of the rights of society; and the individual has the  right to plead them against the state。  Society does not confer  them; and it cannot take them away; for they are at least as  sacred and as fundamental as her own。
  83 But even this limitation of popular sovereignty is not all。  The  people can be sovereign only in the sense in which they exist and  act。  The people are not God; whatever some theorists m