第 27 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  ch the agent or minister is to 175                                                act and conduct  the matters intrusted to him。  The distinction which the English  make between the sovereign and the ministry is analogous to that  between the state and the government; only they understand by the  sovereign the king or queen; and by the ministry the executive;  excluding; or not decidedly including; the legislature and the  judiciary。  The sovereign is the people as the state or body  politic; and as the king holds from God only through the people;  he is not properly sovereign; and is to be ranked with the  ministry or government。  Yet when the state delegates the full or  chief governing power to the king; and makes him its sole or  principal representative; he may; with sufficient accuracy for  ordinary purposes; be called sovereign。  Then; understanding by  the ministry or government the legislative and judicial; as well  as the executive functions; whether united in one or separated  into distinct and mutually independent departments; the English  distinction will express accurately enough; except for strictly  scientific purposes; the distinction between the state and the  government。
  Still; it is only in despotic states; which are not founded on  right; but force; that the king can say; L'etat; c'est moi; I am  the state; and 176                Shakespeare's usage of calling the king of France  simply France; and the king of England simply England; smacks of  feudalism; under which monarchy is an estate; property; not a  public trust。  It corresponds to the Scottish usage of calling  the proprietor by the name of his estate。  It is never to be  forgotten that in republican states the king has only a delegated  sovereignty; that the people; as well as God; are above him。  He  holds his power; as the Emperor of the French professes to hold  his; by the grace of God and the national willthe only title by  which a king or emperor can legitimately hold power。
  The king or emperor not being the state; and the government;  whatever its form or constitution; being a creature of the state;  he can be dethroned; and the whole government even virtually  overthrown; without dissolving the state or the political society。   Such an event may cause much evil; create much social confusion;  and do grave injury to the nation; but the political society may  survive it; the sovereign remains in the plenitude of his rights;  as competent to restore government as be was originally to  institute it。  When; in 1848; Louis Philippe was dethroned by the  Parisian mob; and fled the kingdom; there was in France no 177 legitimate government; for all commissions ran in the king's  name; but the organic or territorial people of France; the body  politic; remained; and in it remained the sovereign power to  organize and appoint a new government。  When; on the 2d of  December; 1851; the president; by a coup d'etat; suppressed the  legislative assembly and the constitutional government; there was  no legitimate government standing; and the power assumed by the  president was unquestionably a usurpation; but the nation was  competent to condone his usurpation and legalize his power; and  by a plebiscitum actually did so。  The wisdom or justice of the  coup d'etat is another question; about which men may differ; but  when the French nation; by its subsequent act; had condoned it;  and formally conferred dictatorial powers on the prince…president;  the principal had approved the act of his agent; and given him  discretionary powers; and nothing more was to be said。  The  imperial constitution and the election of the president to be  emperor; that followed on December 2d; 1852; were strictly legal;  and; whatever men may think of Napoleon III。; it must be conceded  that there is no legal flaw in his title; and that he holds his  power by a 178            title as high and as perfect as there is for any  prince or ruler。
  But the plebiscitum cannot be legally appealed to or be valid  when and where there is a legal government existing and in the  full exercise of its constitutional functions; as was decided by  the Supreme Court of the United States in a case growing out of  what is known as the Dorr rebellion in Rhode Island。  A suffrage  committee; having no political authority; drew up and presented a  new constitution of government to the people; plead a plebiscitum  in its favor; and claimed the officers elected under it as the  legally elected officers of the state。  The court refused to  recognize the plebiscitum; and decided that it knew Rhode Island  only as represented through the government; which had never  ceased to exist。  New States in Territories have been organized  on the strength of a plebiscitum when the legal Territorial  government was in force; and were admitted as States into the  Union; which; though irregular and dangerous; could be done  without revolution; because Congress; that admitted them; is the  power to grant the permission to organize as States and apply for  admission。  Congress is competent to condone an offence against  its own rights。  The real danger of the 179                                         practice is; that it  tends to create a conviction that sovereignty inheres in the  people individually; or as population; not as the body politic or  organic people attached to a sovereign domain; and the people who  organize under a plebiscitum are not; till organized and admitted  into the Union; an organic or a political people at all。  When  Louis Napoleon made his appeal to a vote of the French people; he  made an appeal to a people existing as a sovereign people; and a  sovereign people without a legal government。  In his case the  plebiscitum was proper and sufficient; even if it be conceded  that it was through his own fault that France at the moment was  found without a legal government。  When a thing is done; though  wrongly done; you cannot act as if it were not done; but must  accept it as a fact and act accordingly。
  The plebiscitum; which is simply an appeal to the people outside  of government; is not valid when the government has not lapsed;  either by its usurpations or by its dissolution; nor is it valid  either in the case of a province; or of a population that has no  organic existence as an independent sovereign state。  The  plebiscitum in France was valid; but in the Grand Duchy of  Tuscany; the Duchies of Modena; Parma; and Lucca; and in the  Kingdom of the Two 180                    Sicilies it was not valid; for their legal  governments had not lapsed; nor was it valid in the Aemilian  provinces of the Papal States; because they were not a nation or  a sovereign people; but only a portion of such nation or people。   In the case of the states and provincesexcept Lombardy; ceded  to France by Austria; and sold to the Sardinian kingannexed to  Piedmont to form the new kingdom of Italy; the plebiscitum was  invalid; because implying the right of the people to rebel  against the legal authority; and to break the unity and  individuality of the state of which they form an integral part。   The nation is a whole; and no part has the right to secede or  separate; and set up a government for itself; or annex itself to  another state; without the consent of the whole。  The solidarity  of the nation is both a fact and a law。  The secessionists from  the United States defended their action only on the ground that  the States of the American Union are severally independent  sovereign states; and they only obeyed the authority of their  respective states。
  The plebiscitum; or irregular appeal to what is called universal  suffrage; since adopted by Louis Napoleon in France after the  coup d'etat; is becoming not a little menacing to the stabil… 181                                                             ity  of governments and the rights and integrity of states; and is not  less dangerous to the peace and order of society than 〃the  solidarity of peoples〃 asserted by Kossuth; the revolutionary  ex…governor of Hungary; the last stronghold of feudal barbarism  in Christian Europe; for Russia has emancipated her serfs。
  The nation; as sovereign; is free to constitute government  according to its own judgment; under any form it  pleasesmonarchical; aristocratic; democratic; or mixedvest  all power in an hereditary monarch; in a class or hereditary  nobles; in a king and two houses of parliament; one hereditary;  the other elective; or both elective; or it may establish a  single; dual; or triple executive; make all officers of  government hereditary or all elective; and if elective; elective  for a longer or a shorter time; by universal suffrage or a select  body of electors。  Any of these forms and systems; and many  others besides; are or may be legitimate; if established and  maintained by the national will。  There is nothing in the law of  God or of nature; antecedently to the national will; that gives  any one of them a right to the exclusion of any one of the others。   The imperial system in France is as legitimate as the federative  system in the United States。  The only form or system that 182                                                            is  necessarily illegal is the despotic。  That can n