第 22 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  It  was with some such thought; most likely; that a French  journalist; writing home from the United States; congratulated  the American people on having a Bonaparte in their army; so that  when their democracy failed; as in a few years it was sure to do;  they would have a descendant of a royal house to be their king or  emperor。  Alas! the Bonaparte has left us; and besides; he was  not the descendant of a royal house; and was; like the present  Emperor of the French; a decided parvenu。  Still; the Emperor of  the French; if only a parvenu; bears himself right imperially  among sovereigns; and has no peer among any of the descendants of  the old royal families of Europe
  140 There is a truth; however; in De Maistre's doctrine that  constitutions are generated; or developed; not created de novo;  or made all at once。  But nothing is more true than that a nation  can alter its constitution by its own deliberate and voluntary  action; and many nations have done so; and sometimes for the  better; as well as for the worse。  If the constitution once given is  fixed and unalterable; it must be wholly divine; and contain no  human element; and the people have and can have no hand in their  own governmentthe fundamental objection to the theocratic  constitution of society。  To assume it is to transfer to civil  society; founded by the ordinary providence of God; the  constitution of the church; founded by his gracious or  supernatural providence; and to maintain that the divine  sovereignty governs in civil society immediately and  supernaturally; as in the spiritual society。  But such is not the  fact。  God governs the nation by the nation itself; through its  own reason and free…will。  De Maistre is right only as to the  constitution the nation starts with; and as to the control which  that constitution necessarily exerts over the constitutional  changes the nation can successfully introduce。
  The disciples of Jean Jacques Rousseau rec… 141                                           ognize no providential  constitution; and call the written instrument drawn up by a  convention of sovereign individuals the constitution; and the  only constitution; both of the people and the government。  Prior  to its adoption there is no government; no state; no political  community or authority。  Antecedently to it the people are an  inorganic mass; simply individuals; without any political or  national solidarity。  These individuals; they suppose; come  together in their own native right and might; organize themselves  into a political community; give themselves a constitution; and  draw up and vote rules for their government; as a number of  individuals might meet in a public hall and resolve themselves  into a temperance society or a debating club。  This might do very  well if the state were; like the temperance society or debating  club; a simple voluntary association; which men are free to join  or not as they please; and which they are bound to obey no  farther and no longer than suits their convenience。  But the  state is a power; a sovereignty; speaks to all within its  jurisdiction with an imperative voice; commands; and may use  physical force to compel obedience; when not voluntarily yielded。   Men are born its subjects; and no one can withdraw from it 142 without its express or tacit permission; unless for causes that  would justify resistance to its authority。  The right of subjects  to denationalize or expatriate themselves; except to escape a  tyranny or an oppression which would forfeit the rights of power  and warrant forcible resistance to it; does not exist; any more  than the right of foreigners to become citizens; unless by the  consent and authorization of the sovereign; for the citizen or  subject belongs to the state; and is bound to it。
  The solidarity of the individuals composing the population of a  territory or country under one political head is a truth; but  〃the solidarity of peoples;〃 irrespective of the government or  political authority of their respective countries; so eloquently  preached a few years since by the Hungarian Kossuth; is not only  a falsehood; but a falsehood destructive of all government and of  all political organization。  Kossuth's doctrine supposes the  people; or the populations of all countries; are; irrespective of  their governments; bound together in solido; each for all and all  for each; and therefore not only free; but bound; wherever they  find a population struggling nominally for liberty against its  government; to rush with arms in their hands to its assistancea  doctrine clearly incompati… 143                           ble with any recognition of political  authority or territorial rights。  Peoples or nations commune with  each other only through the national authorities; and when the  state proclaims neutrality or non…intervention; all its subjects  are bound to be neutral; and to abstain from all intervention on  either side。  There may be; and indeed there is; a solidarity;  more or less distinctly recognized; of Christian nations; but of  the populations with and through their governments; not without  them。  Still more strict is the solidarity of all the individuals  of one and the same nation。  These are all bound together; all  for each and each for all。  The individual is born into society  and under the government; and without the authority of the  government; which represents all and each; he cannot release  himself from his obligations。  The state is then by no means a  voluntary association。  Every one born or adopted into it is  bound to it; and cannot without its permission withdraw from it;  unless; as just said; it is manifest that he can have under it no  protection for his natural rights as a man; more especially for  his rights of conscience。  This is Vattel's doctrine; and the  dictate of common sense。
  The constitution drawn up; ordained; and established by a nation  for itself is a lawthe  144                          organic or fundamental law; if you will;  but a law; and is and must be the act of the sovereign power。   That sovereign power must exist before it can act; and it cannot  exist; if vested in the people or nation; without a constitution;  or without some sort of political organization of the people or  nation。  There must; then; be for every state or nation a  constitution anterior to the constitution which the nation gives  itself; and from which the one it gives itself derives all its  vitality and legal force。
  Logic and historical facts are here; as elsewhere; coincident;  for creation and providence are simply the expression of the  Supreme Logic; the Logos; by whom all things are made。  Nations  have originated in various ways; but history records no instance  of a nation existing as an inorganic mass organizing itself into  a political community。  Every nation; at its first appearance  above the horizon; is found to have an organization of some sort。   This is evident from the only ways in which history shows us  nations originating。  These ways are: 1。 The union of families in  the tribe。 2。 The union of tribes in the nation。 3。 The migration  of families; tribes; or nations in search of new settlements。  4。 Colonization; military; agricultural; commercial; industrial;  religious; or penal。 5。 War  145                             and conquest。 6。 The revolt;  separation; and independence of provinces。 7。 The intermingling  of the conquerors and conquered; and by amalgamation forming a  new people。  These are all the ways known to history; and in none  of these ways does a people; absolutely destitute of all  organization; constitute itself a state; and institute and carry  on civil government。
  The family; the tribe; the colony are; if incomplete; yet  incipient states; or inchoate nations; with an organization;  individuality; and a centre of social life of their own。  The  families and tribes that migrate in search of new settlements  carry with them their family and tribal organizations; and  retain it for a long time。  The Celtic tribes retained it in Gaul  till broken up by the Roman conquest; under Caesar Augustus; in  Ireland; till the middle of the seventeenth century; and in  Scotland; till the middle of the eighteenth。  It subsists still  in the hordes of Tartary; the Arabs of the Desert; and the  Berbers or Kabyles of Africa。
  Colonies; of whatever description; have been founded; if not by;  at least under; the authority of the mother country; whose  political constitution; laws; manners; and customs they carry  with them。  They receive from the parent state  146                                                a political  organization; which; though subordinate; yet constitutes them  embryonic states; with a unity; individuality; and centre of  public life in themselves; and which; when they are detached and  recognized as independent; render them complete states。  War and  conquest effect great national changes; but do not; strictly  speaking; create new states。  They simply extend and consolidate  the power of the conquering state。
  Provinces revolt and become independent states or nations; but  only when they have previously existed as such; and have retained  the tradition of their old constitution and independence; or w