第 28 节
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公主站记 更新:2021-04-30 17:05 字数:9322
is necessarily illegal is the despotic。 That can never be a truly civilized government; nor a legitimate government; for God has given to man no dominion over man。 He gave men; as St。 Augustine says; and Pope St。 Gregory the Great repeats; dominion over the irrational creation; not over the rational; and hence the primitive rulers of men were called pastors or shepherds; not lords。 It may be the duty of the people subjected to a despotic government to demean themselves quietly and peaceably towards it; as a matter of prudence; to avoid sedition; and the evils that would necessarily follow an attempted revolution; but not because; founded as it is on mere force; it has itself any right or legality。
All other forms of government are republican in their essential constitution; founded on public right; and held under God from and for the commonwealth; and which of them is wisest and best for the commonwealth is; for the most part; an idle question。 〃Forms of government;〃 somebody has said; 〃are like shoesthat is the best form which best fit the feet that are to wear them。〃 Shoes are to be fitted to the feet; not the feet to the shoes; and feet vary in size and conformation。 There is; in regard to government; as distinguished from the state; 183 no antecedent right which binds the people; for antecedently to the existence of the government as a fact; the state is free to adopt any form that it finds practicable; or judges the wisest and best for itself。 Ordinarily the form of the government practicable for a nation is determined by the peculiar providential constitution of the territorial people; and a form of government that would be practicable and good in one country may be the reverse in another。 The English government is no doubt the best practicable in Great Britain; at present at least; but it has proved a failure wherever else it has been attempted。 The American system has proved itself; in spite of the recent formidable rebellion to overthrow it; the best and only practicable government for the United States; but it is impracticable everywhere else; and all attempts by any European or other American state to introduce it can end only in disaster。 The imperial system apparently works well in France; but though all European states are tending to it; it would not work well at all on the American continent; certainly not until the republic of the United States has ceased to exist。 While the United States remain the great American power; that system; or its kindred system; democratic centralism; can 184 never become an American system; as Maximilian's experiment in Mexico is likely to prove。
Political propagandism; except on the Roman plan; that is; by annexation and incorporation; is as impracticable as it is wanting in the respect that one independent people owes to another。 The old French Jacobins tried to propagate; even with fire and sword; their system throughout Europe; as the only system compatible with the rights of man。 The English; since 1688; have been great political propagandists; and at one time it seemed not unlikely that every European state would try the experiment of a parliamentary government; composed of an hereditary crown; an hereditary house of lords; and an elective house of commons。 The democratic Americans are also great political propagandists; and are ready to sympathize with any rebellion; insurrection; or movement in behalf of democracy in any part of the world; however mean or contemptible; fierce or bloody it may be; but all this is as unstatesmanlike as unjust; unstatesmanlike; for no form of government can bear transplanting; and because every independent nation is the sole judge of what best comports with its own interests; and its judgment is to be respected by the citizens as well as by the gov… 185 ernments of other states。 Religious propagandism is a right and a duty; because religion is catholic and of universal obligation; and so is the jus gentium of the Romans; which is only the application to individuals and nations of the great principles of natural justice; but no political propagandism is ever allowable; because no one form of government is catholic in its nature; or of universal obligation。
Thoughtful Americans are opposed to political propagandism; and respect the right of every nation to choose its own form of government; but they hold that the American system is the best in itself; and that if other nations were as enlightened as the American; they would adopt it。 But though the American system; rightly understood; is the best; as they hold; it is not because other nations are less enlightened; which is by no means a fact; that they do not adopt; or cannot bear it; but solely because their providential constitutions do not require or admit it; and an attempt to introduce it in any of them would prove a failure and a grave evil。
Fit your shoes to your feet。 The law of the governmental constitution is in that of the nation。 The constitution of the government must grow out of the constitution of the state; and 186 accord with the genius; the character; the habits; customs; and wants of the people; or it will not work well; or tend to secure the legitimate ends of government。 The constitutions imagined by philosophers are for Utopia; not for any actual; living; breathing people。 You must take the state as it is; and develop your governmental constitution from it; and harmonize it with it。 Where there is a discrepancy between the two constitutions; the government has no support in the state; in the organic people; or nation; and can sustain itself only by corruption or physical force。 A government may be under the necessity of using force to suppress an insurrection or rebellion against the national authority; or the integrity of the national territory; but no government that can sustain itself; not the state; only by physical force or large standing armies; can be a good government; or suited to the nation。 It must adopt the most stringent repressive measures; suppress liberty of speech and of conscience; outrage liberty in what it has the most intimate and sacred; and practise the most revolting violence and cruelty; for it can govern only by terror。 Such a government is unsuited to the nation。
This is seen in all history: in the attempt of the dictator Sulla to preserve the old patri… 187 cian government against the plebeian power that time and events had developed in the Roman state; and which was about to gain the supremacy; as we have seen; at Pharsalia; Philippi; and Actium; in the efforts to establish a Jacobinical government in France in 1793; in Rome in 1848; and the government of Victor Emmanuel in Naples in 1860 and 1861。 These efforts; proscriptions; confiscations; military executions; assassinations; massacres; are all made in the name of liberty; or in defence of a government supposed to guaranty the well…being of the state and the rights of the people。 They are rendered inevitable by the mad attempt to force on a nation a constitution of government foreign to the national constitution; or repugnant to the national tastes; interests; habits; convictions; or whole interior life。 The repressive policy; adopted to a certain extent by nearly all European governments; grows out of the madness of a portion of the people of the several states in seeking to force upon the nation an anti…national constitution。 The sovereigns may not be very wise; but they are wiser; more national; more patriotic than the mad theorists who seek to revolutionize the state and establish a government that has no hold in the national traditions; the national character; or the 188 national life; and the statesman; the patriot; the true friend of liberty sympathizes with the national authorities; not with the mad theorists and revolutionists。
The right of a nation to change its form of government; and its magistrates or representatives; by whatever name called; is incontestable。 Hence the French constitution of l789; which involved that of 1793; was not illegal; for though accompanied by some irregularities; it was adopted by the manifest will of the nation; and consented to by all orders in the state。 Not its legality but its wisdom is to be questioned; together with the false and dangerous theories of government which dictated it。 There is no compact or mutual stipulation between the state and the government。 The state; under God; is sovereign; and ordains and establishes the government; instead of making a contract; a bargain; or covenant; with it。 The common democratic doctrine on this point is right; if by people is understood the organic people attached to a sovereign domain; not the people as individuals or as a floating or nomadic multitude。 By people in the political sense; Cicero; and St。 Augustine after him; understood the people as the republic; organized in reference to the common or public good。 With this under… 189 standing; the sovereignty p