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