第 37 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  ted States; are the  people of the particular States united。  The solidarity of the  members constitutes the unity of the body。  The difference  between this view and Mr。 Madison's is; that while his view  supposes the solidarity to be conventional; originating and  existing in compact; or agreement; this supposes it to be real;  living; and prior to the convention; as much the work of  Providence as the existence in the human body of the living  solidarity of its members。  One law; one life; circulates  through all the members; constituting them a living organism;  binding them in living union; all to each and each to all。
  Such is the sovereign people; and so far the original unwritten  constitution。  The sovereign;  247                               in order to live and act; must  have an organ through which be expresses his will。  This organ  under the American system; is primarily the Convention。  The  convention is the supreme political body; the concrete sovereign  authority; and exercises practically the whole sovereign power  of the people。  The convention persists always; although not in  permanent session。  It can at any time be convened by the  ordinary authority of the government; or; in its failure; by a  plebiscitum。
  Next follows the Government created and constituted by the  convention。  The government is constituted in such manner; and  has such and only such powers; as the convention ordains。  The  government has; in the strict sense; no political authority  under the American system; which separates the government from  the convention。  All political questions proper; such as the  elective franchise; eligibility; the constitution of the several  departments of government; as the legislative; the judicial; and  the executive; changing; altering; or amending the constitution  of government; enlarging; or contracting its powers; in a word;  all those questions that arise on which it is necessary to take  the immediate orders of the sovereign; belong not to the  government; but to the convention; and where the will of the  sover… 248      eign is not sufficiently expressed in the constitution; a  new appeal to the convention is necessary; and may always be had。   The constitution of Great Britain makes no distinction between  the convention and the government。  Theoretically the  constitution of Great Britain is feudal; and there is; properly  speaking; no British state; there are only the estates; king;  lords; and commons; and these three estates constitute the  Parliament; which is held to be omnipotent; that is; has the  plenitude of political sovereignty。  The British Parliament;  composed of the three estates; possesses in itself all the  powers of the convention in the American constitution; and is at  once the convention and the government。  The imperial  constitution of France recognizes no convention; but clothes the  senate with certain political functions; which; in some  respects; subjects theoretically the sovereign to his creature。   The emperor confessedly holds his power by the grace of God and  the will of the nation; which is a clear acknowledgment that the  sovereignty vests in the French people as the French state; but  the imperial constitution; which is the constitution of the  government; not of the state; studies; while acknowledging the  sovereignty of the people; to render it nugatory; by  249                                                      transferring  it; under various subtle disguises; to the government; and  practically to the emperor as chief of the government。  The  senate; the council of state; the legislative body; and the  emperor; are all creatures of the French state; and have properly  no political functions; and to give them such functions is to  place the sovereign under his own subjects!  The real aim of the  imperial constitution is to secure despotic power under the  guise of republicanism。  It leaves and is intended to leave the  nation no way of practically asserting its sovereignty but by  either a revolution or a plebiscitum; and a plebiscitum is  permissible only where there is no regular government。
  The British constitution is consistent with itself; but imposes  no restriction on the power of the government。  The French  imperial constitution is illogical; inconsistent with itself as  well as with the free action of the nation。  The American  constitution has all the advantages of both; and the  disadvantages of neither。  The convention is not the government  like the British Parliament; nor a creature of the state like  the French senate; but the sovereign state itself; in a  practical form。  By means of the convention the government is  restricted to its delegated powers; and these; if found in  practice either  250                 too great or too small; can be enlarged or  contracted in a regular; orderly way; without resorting to a  revolution or to a plebiscitum。  Whatever political grievances  there may be; there is always present the sovereign convention  competent to redress them。  The efficiency of power is thus  secured without danger to liberty; and freedom without danger to  power。  The recognition of the convention; the real political  sovereign of the country and its separation from and  independence of the ordinary government; is one of the most  striking features of the American constitution。
  The next thing to be noted; after the convention; is the  constitution by the convention of the government。  This  constitution; as Mr。 Madison well observes; divides the powers  conceded by the convention to government between the General  Government and the particular State governments。  Strictly  speaking; the government is one; and its powers only are divided  and exercised by two sets of agents or ministries。  This  division of the powers of government could never have been  established by the convention if the American people had not  been providentially constituted one people; existing and acting  through particular State organizations。  Here the unwritten  constitution; or the constitution  251                                   written in the people  themselves; rendered practicable and dictated the written  constitution; or constitution ordained by the convention and  engrossed on parchment。  It only expresses in the government the  fact which pre…existed in the national organization and life。
  This division of the powers of government is peculiar to the  United States; and is an effective safeguard against both feudal  disintegration and Roman centralism。  Misled by their prejudices  and peculiar interests; a portion of the people of the United  States; pleading in their justification the theory of State  sovereignty; attempted disintegration; secession; and national  independence separate from that of the United States; but the  central force of the constitution was too strong for them to  succeed。  The unity of the nation was too strong to be  effectually broken。  No doubt the reaction against secession and  disintegration will strengthen the tendency to centralism; but  centralism can succeed no better than disintegration has  succeeded because the General government has no subsistentia; no  suppositum; to borrow a theological term; outside or independent  of the States。  The particular governments are stronger; if  there be any difference; to protect the States against  centralism than the General government is to protect the 252                                                          Union  against disintegration; and after swinging for a time too far  toward one extreme and then too far toward the other; the public  mind will recover its equilibrium; and the government move on in  its constitutional path。
  Republican Rome attempted to guard against excessive centralism  by the tribunitial veto; or by the organization of a negative or  obstructive power。  Mr。 Calhoun thought this admirable; and  wished to effect the same end here; where it is secured by  other; more effective; and less objectionable means; by a State  veto on the acts of Congress; by a dual executive; and by  substituting concurrent for numerical majorities。  Imperial Rome  gradually swept away the tribunitial veto; concentrated all  power in the hands of the emperor; became completely  centralized; and fell。  The British constitution seeks the same  end by substituting estates for the state; and establishing a  mixed government; in which monarchy; aristocracy; and democracy  temper; check; or balance each other; but practically the  commons estate has become supreme; and the nobility govern not  in the house of lords; and can really influence public affairs  only through the house of commons。  The principle of the British  constitution is not the division of the powers of government;  but the an… 253           tagonism of estates; or rather of interests; trusting  to the obstructive influence of that antagonism to preserve the  government from pure centralism。  Hence the study of the British  statesman is to manage diverse and antagonistic parties and  interests so as to gain the ability to act; which he can do only  by intrigue; cajolery; bribery in one form or another; and  corruption of every sort。  The British government cannot be  carried on by fair; honest; a