第 21 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  nd intelligence in the nation; of the  general understanding that the nation holds its power to govern  as a trust from God; and that to God through the people all civil  rulers are strictly responsible。  Let the mass of the people in  any nation lapse into the ignorance and barba… 132                                              rism of atheism; or  lose themselves in that supreme sophism called pantheism; the  grand error of ancient as well as of modern gentilism; and  liberty; social or political; except that wild kind of liberty;  and perhaps not even that should be excepted; which obtains among  savages; would be lost and irrecoverable。
  But after all; this theory does not meet all the difficulties of  the case。  It derives sovereignty from God; and thus asserts the  divine origin of government in the sense that the origin of  nature is divine; it derives it from God through the people;  collectively; or as society; and therefore concedes it a natural;  human; and social element; which distinguishes it from pure  theocracy。  It; however; does not explain how authority comes  from God to the people。  The ruler; king; prince; or emperor;  holds from God through the people; but how do the people  themselves hold from God?  Mediately or immediately?  If  mediately; what is the medium?  Surely not the people themselves。   The people can no more be the medium than the principle of their  own sovereignty。 If immediately; then God governs in them as he  does in the church; and no man is free to think or act contrary  to popular opinion; or in any case to question the wisdom or  justice 133         of any of the acts of the state; which is arriving at  state absolutism by another process。  Besides; this would  theoretically exclude all human or natural activity; all human  intelligence and free…will from the state; which were to fall  into either pantheism or atheism。
  VIII。 The right of government to govern; or political authority;  is derived by the collective people or society; from God through  the law of nature。  Rulers hold from God through the people or  nation; and the people or nation hold from God through the  natural law。  How nations are founded or constituted; or a  particular people becomes a sovereign political people; invested  with the rights of society; will be considered in following  chapters。  Here it suffices to say that supposing a political  people or nation; the sovereignty vests in the community; not  supernaturally; or by an external supernatural appointment; as  the clergy hold their authority; but by the natural law; or law  by which God governs the whole moral creation。
  They who assert the origin of government in nature are right; so  far as they derive it from God through the law of nature; and  are wrong only when they understand by the law of nature the  physical force or forces of nature; which 134                                           are not laws in the  primary and proper sense of the term。  The law of nature is not  the order or rule of the divine action in nature which is  rightfully called providence; but is; as has been said; law in  its proper and primary sense; ordained by the Author of nature;  as its sovereign and supreme Lawgiver; and binds all of his  creatures who are endowed with reason and free…will; and is  called natural; because promulgated through the reason common to  all men。  Undoubtedly; it was in the first instance; to the first  man; supernaturally promulgated; as it is republished and  confirmed by Christianity; as an integral part of the Christian  code itself。  Man needs even yet instruction in relation to  matters lying within the range of natural reason; or else secular  schools; colleges; and universities would be superfluous; and  manifestly the instructor of the first man could have been only  the Creator himself。
  The knowledge of the natural law has been transmitted from Adam  to us through two channelsreason; which is in every man; and in  immediate relation with the Creator; and the traditions of the  primitive instruction embodied in language and what the Romans  call jus gentium; or law common to all civilized nations。  Under  this law。 whose prescriptions are promul… 135                                         gated through reason and  embodied in universal jurisprudence; nations are providentially  constituted; and invested with political sovereignty; and as they  are constituted under this law and hold from God through it; it  defines their respective rights and powers; their limitation and  their extent。
  The political sovereignty; under the law of nature; attaches to  the people; not individually; but collectively; as civil or  political society。  It is vested in the political community or  nation; not in an individual; or family; or a class; because;  under the natural law; all men are equal; as they are under the  Christian law; and one man has; in his own right; no authority  over another。  The family has in the father a natural chief; but  political society has no natural chief or chiefs。  The authority  of the father is domestic; not political; and ceases when his  children have attained to majority; have married and become heads  of families themselves; or have ceased to make part of the  paternal household。  The recognition of the authority of the  father beyond the limits of his own household; is; if it ever  occurs; by virtue of the ordinance; the consent; express or  tacit; of the political society。  There are no natural…born  political chiefs; and wherever we find men claiming 136                                                     or  acknowledged to be such; they are either usurpers; what the  Greeks called tyrants; or they are made such by the will or  constitution of the people or the nation。
  Both monarchy and aristocracy were; no doubt; historically  developed from the authority of the patriarchs; and have  unquestionably been sustained by an equally false development of  the right of property; especially landed property。  The owner of  the land; or he who claimed to own it; claimed as an incident of  his ownership the right to govern it; and consequently to govern  all who occupied it。  But however valid may be the landlord's  title to the soil; and it is doubtful if man can own any thing in  land beyond the usufruct; it can give him under the law of nature  no political right。  Property; like all natural rights; is  entitled by the natural law to protection; but not to govern。   Whether it shall be made a basis of political power or not is a  question of political prudence; to be determined by the supreme  political authority。  It was the basis; and almost exclusive  basis; in the Middle Ages; under feudalism; and is so still in  most states。  France and the United States are the principal  exceptions in Christendom。  Property alone; or coupled with  birth; is made elsewhere in some form a basis of political 137 power; and where made so by the sovereign authority; it is  legitimate; but not wise nor desirable; for it takes from the  weak and gives to the strong。  The rich have in their riches  advantages enough over the poor; without receiving from the state  any additional advantage。  An aristocracy; in the sense of  families distinguished by birth; noble and patriotic services;  wealth; cultivation; refinement; taste; and manners; is desirable  in every nation; is a nation's ornament; and also its chief  support; but they need and should receive no political  recognition。  They should form no privileged class in the state  or political society。
  CHAPTER VII
  CONSTITUTION OF GOVERNMENT。
  The Constitution is twofold: the constitution of the state or  nation; and the constitution of the government。  The constitution  of the government is; or is held to be; the work of the nation  itself; the constitution of the state; or the people of the  state; is; in its origin at least; providential; given by God  himself; operating through historical events or natural causes。   The one originates in law; the other in historical fact。  The  nation must exist; and exist as a political community; before it  can give itself a constitution; and no state; any more than an  individual; can exist without a constitution of some sort。
  The distinction between the providential constitution of the  people and the constitution of the government; is not always  made。  The illustrious Count de Maistre; one of the ablest  political philosophers who wrote in the last century; or the  first quarter of the present; in his work  139                                           on the Generative  Principle of Political Constitutions; maintains that constitutions are generated; not made; and excludes all human  agency from their formation and growth。  Disgusted with French  Jacobinism; from which he and his kin and country had suffered so  much; and deeply wedded to monarchy in both church and state; he  had the temerity to maintain that God creates expressly royal  families for the government of nations; and that it is idle for a  nation to expect a good government without a king who has  descended from one of those divinely created royal families。  It  was with some such thought; most likely; that a French  journalist; writing home from the United