第 59 节
作者:公主站记      更新:2021-04-30 17:05      字数:9321
  nity; the original basis and type of the syllogism。  The human  race can be contented with neither; for neither allows it free  scope for its inherent life and activity。  The English system  tends to pure individualism; 402 the French to pure socialism or despotism; each endeavoring to  suppress an element of the one living and indissoluble TRUTH。
  This is not fancy; is not fine…spun speculation; or cold and  lifeless abstraction; but the highest theological and  philosophical truth; without which there were no reason; no man;  no society; for God is the first principle of all being; all  existence; all science; all life; and it is in Him that we live  and move and have our being。  God is at the beginning; in the  middle; and at the end of all thingsthe universal principle;  medium; and end; and no truth can be denied without His existence  being directly or indirectly impugned。  In a deeper sense than is  commonly understood is it true that nisi Dominus aedificaverit  domum; in vanum laboraverunt qui aedificant eam。  The English  constitution is composed of contradictory elements; incapable of  reconciliation; and each element is perpetually struggling with  the others for the mastery。  For a long time the king labored;  intrigued; and fought to free himself from the thraldom in which  he was held by the feudal barons; in 1688 the aristocracy and  people united and humbled the crown; and now the people are at  work seeking to sap both the crown and the nobles。  The state is  consti… 403       tuted to nobody's satisfaction; and though all may unite in  boasting its excellences; all are at work trying to alter or  amend it。  The work of constituting the state with the English is  ever beginning; never ending。  Hence the eternal clamor for  parliamentary reform。
  Great Britain and other European states may sweep away all that  remains of feudalism; include the whole territorial people with  the equal rights of all in the state or political people; concede  to birth and wealth no political rights; but they will by so  doing only establish either imperial centralism; as has been done  in France; or democratic centralism; clamored for; conspired for;  and fought for by the revolutionists of Europe。  The special  merit of the American system is not in its democracy alone; as  too many at home and abroad imagine; but along with its democracy  in the division of the powers of government; between a General  government and particular State governments; which are not  antagonistic governments; for they act on different matters; and  neither is nor can be subordinated to the other。
  Now; this division of power; which decentralizes the government  without creating mutually hostile forces; can hardly be  introduced into any European state。  There may be a 404                                                     union of  states in Great Britain; in Germany; in Italy; perhaps in Spain;  and Austria is laboring hard to effect it in her heterogeneous  empire; but the union possible in any of them is that of a Bund  or confederation; like the Swiss or German Bund; similar to what  the secessionists in the United States so recently attempted and  have so signally failed to establish。  An intelligent Confederate  officer remarked that their Confederacy had not been in operation  three months before it became evident that the principle on  which it was founded; if not rejected; would insure its defeat。   It was that principle of State sovereignty; for which the States  seceded; more than the superior resources and numbers of the  Government; that caused the collapse of the Confederacy。  The  numbers were relatively about equal; and the military resources  of the Confederacy were relatively not much inferior to those of  the Government。  So at least the Confederate leaders thought; and  they knew the material resources of the Government as well as  their own; and had calculated them with as much care and accuracy  as any men could。  Foreign powers also; friendly as well as  unfriendly; felt certain that the secessionists would gain their  independence; and so did a large part of the people even of the  loyal States。 405                The failure is due to the disintegrating principle  of State sovereignty; the very principle of the Confederacy。  The  war has proved that united states are; other things being equal;  an overmatch for confederated states。
  The European states must unite either as equals or as unequals。   As equals; the union can be only a confederacy; a sort of  Zollverein; in which each state retains its individual  sovereignty; if as unequals; then someone among them will aspire  to the hegemony; and you have over again the Athenian  Confederation; formed at the conclusion of the Persian war; and  its fate。  A union like the American cannot be created by a  compact; or by the exercise of supreme power。  The Emperor of the  French cannot erect the several Departments of France into  states; and divide the powers of government between them as  individual and as united states。  They would necessarily hold  from the imperial government; which; though it might exercise a  large part of its functions through them; would remain; as now;  the supreme central government; from which all governmental  powers emanate; as our President is apparently attempting; in his  reconstruction policy; to make the government of the United  States。  The elements of a state constituted like the American 406                                                                do  not exist in any European nation; nor in the constitution of  European society; and the American constitution would have been  impracticable even here had not Providence so ordered it that the  nation was born with it; and has never known any other。
  Rome recognized the necessity of the federal principle; and  applied it in the best way she could。  At first it was a single  tribe or people distributed into distinct gentes or houses; after  the Sabine war; a second tribe was added on terms of equality;  and the state was dual; composed of two tribes; the Ramnes and  the Tities or Quirites; and; afterward; in the time of Tullus  Hostilius; were added the Lucertes or Luceres; making the  division into three ruling tribes; each divided into one hundred  houses or gentes。  Each house in each tribe was represented by  its chief or decurion in the senate; making the number of  senators exactly three hundred; at which number the senate was  fixed。  Subsequently was added; by Ancus; the plebs; who remained  without authority or share in the government of the city of Rome  itself; though they might aspire to the first rank in the allied  cities。  The division into tribes; and the division of the tribes  into gentes or houses; and the vote in the state by tribes; and  in the tribes by houses; ef… 407                            fectually excluded democratic  centralism; but the division was not a division of the powers of  government between two co…ordinate governments; for the senate  had supreme control; like the British parliament; over all  matters; general and particular。
  The establishment; after the secession of the plebs; of the  tribunitial veto; which gave the plebeians a negative power in  the state; there was an incipient division of the powers of  government; but only a division between the positive and negative  powers; not between the general and the particular。  The power  accorded to the plebs; or commons; as Niebuhr calls themwho is;  perhaps; too fond of explaining the early constitution of Rome by  analogies borrowed from feudalism; and especially from the  constitution of his native Ditmarschwas simply an obstructive  power; and when it; by development; became a positive power; it  absorbed all the powers of government; and created the Empire。
  There was; indeed; a nearer approach to the division of powers in  the American system; between imperial Rome and her allied or  confederated municipalities。  These municipalities; modelled  chiefly after that of Rome; were elective; and had the management  of their own local affairs; but their local powers were not  co…ordi… 408        inate in their own sphere with those exercised by the  Roman municipality; but subordinate and dependent。  The senate  had the supreme power over them; and they held their rights  subject to its will。  They were formally; or virtually;  subjugated states; to which the Roman senate; and afterward the  Roman emperors; left the form of the state and the mere shadow of  freedom。  Rome owed much to her affecting to treat them as allies  rather than as subjects; and at first these municipal  organizations secured the progress of civilization in the  provinces; but at a later period; under the emperors; they served  only the imperial treasury; and were crushed by the taxes imposed  and the contributions levied on them by the fiscal agents of the  empire。  So heavy were the fiscal burdens imposed on the  burgesses; if the term may be used; that it needed an imperial  edict to compel them to enter the municipal government; and it  became; under the later emperors; no uncommon thing for free  citizens to sell themselves into slavery; to escape the fiscal  burdens imposed。  There are actually imperial edicts extant