第 29 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  good。  With this under… 189                                            standing; the  sovereignty persists in the people; and they retain the supreme  authority over the government。  The powers delegated are still  the powers of the sovereign delegating them; and may be modified;  altered; or revoked; as the sovereign judges proper。  The nation  does not; and cannot abdicate or delegate away its own  sovereignty; for sovereign it is; and cannot but be; so long as  it remains a nation not subjected to another nation。
  By the imperial constitution of the French government; the  imperial power is vested in Napoleon III。; and made hereditary in  his family; in the male line of his legitimate descendants。  This  is legal; but the nation has not parted with its sovereignty or  bound itself by contract forever to a Napoleonic dynasty。   Napoleon holds the imperial power 〃by the grace of God and the  will of the nation;〃 which means simply that he holds his  authority from God; through the French people; and is bound to  exercise it according to the law of God and the national will。   The nation is as competent to revoke this constitution as the  legislature is to repeal any law it is competent to enact; and in  doing so breaks no contract; violates no right; for Napoleon and  his descendants hold their right to the imperial throne subject  to the 190        national will from which it is derived。  In case the  nation should revoke the powers delegated; he or they would have  no more valid claim to the throne than have the Bourbons; whom  the nation has unmistakably dismissed from its service。
  The only point here to be observed is; that the change must be by  the nation itself; in its sovereign capacity; not by a mob; nor  by a part of the nation conspiring; intriguing; or rebelling;  without any commission from the nation。  The first Napoleon  governed by a legal title; but he was never legally dethroned;  and the government of the Bourbons; whether of the elder branch  or the younger; was never a legal government; for the Bourbons  had lost their original rights by the election of the first  Napoleon; and never afterwards had the national will in their  favor。  The republic of 1848 was legal; in the sense that the  nation acquiesced in it as a temporary necessity; but hardly  anybody believed in it or wanted it; and the nation accepted it  as a sort of locum tenens; rather than willed or ordained it。   Its overthrow by the coup d'etat may not be legally defensible;  but the election of Napoleon III。 condoned the illegality; if  there was any; and gave the emperor a legal title; that no  republican; that none but a despot 191                                    or a no…government man can  dispute。  As the will of the nation; in so far as it contravenes  not the law of God or the law of nature; binds every individual  of the nation; no individual or number of individuals has; or can  have; any right to conspire against him; or to labor to oust him  from his place; till his escheat has been pronounced by the voice  of the nation。  The state; in its sovereign capacity; willing it;  is the only power competent to revoke or to change the form and  constitution of the imperial government。  The same must be said  of every nation that has a lawful government; and this; while it  preserves the national sovereignty; secures freedom of progress;  condemns all sedition; conspiracy; rebellion; revolution; as does  the Christian law itself。
  192 CHAPTER IX。
  THE UNITED STATES
  Sovereignty; under God; inheres in the organic people; or the  people as the republic; and every organic people fixed to the  soil; and politically independent of every other people; is a  sovereign people; and; in the modern sense; an independent  sovereign nation。
  Sovereign states may unite in an alliance; league; or  confederation; and mutually agree to exercise their sovereign  powers or a portion of them in common; through a common organ or  agency; but in this agreement they part with none of their  sovereignty; and each remains a sovereign state or nation as  before。  The common organ or agency created by the convention is  no state; is no nation; has no inherent sovereignty; and derives  all its vitality and force from the persisting sovereignty of the  states severally that have united in creating it。  The agreement  no more affects the sovereignty of the several states entering  into it; than does the 193                        appointment of an agent affect the rights  and powers of the principal。  The creature takes nothing from the  Creator; exhausts not; lessens not his creative energy; and it is  only by his retaining and continuously exerting his creative  power that the creature continues to exist。
  An independent state or nation may; with or without its consent;  lose its sovereignty; but only by being merged in or subjected to  another。  Independent sovereign states cannot by convention; or  mutual agreement; form themselves into a single sovereign state;  or nation。  The compact; or agreement; is made by sovereign  states; and binds by virtue of the sovereign power of each of the  contracting parties。  To destroy that sovereign power would be to  annul the compact; and render void the agreement。  The agreement  can be valid and binding only on condition that each of the  contracting parties retains the sovereignty that rendered it  competent to enter into the compact; and states that retain  severally their sovereignty do not form a single sovereign state  or nation。  The states in convention cannot become a new and  single sovereign state; unless they lose their several  sovereignty; and merge it in the new sovereignty; but this they  cannot do by agreement; because the moment the parties to the  agreement cease 194                 to be sovereign; the agreement; on which alone  depends the new sovereign state; is vacated; in like manner as a  contract is vacated by the death of the contracting parties。
  That a nation may voluntarily cede its sovereignty is frankly  admitted; but it can cede it only to something or somebody  actually existing; for to cede to nothing and not to cede is one  and the same thing。  They can part with their own sovereignty by  merging themselves in another national existence; but not by  merging themselves in nothing; and; till they have parted with  their own sovereignty; the new sovereign state does not exist。  A  prince can abdicate his power; because by abdicating he simply  gives back to the people the trust he had received from them; but  a nation cannot; save by merging itself in another。  An  independent state not merged in another; or that is not subject  to another; cannot cease to be a sovereign nation; even if it  would。
  That no sovereign state can be formed by a agreement or compact  has already been shown in the refutation of the theory of the  origin of government in convention; or the so…called social  compact。  Sovereign states are as unable to form themselves into  a single sovereign state by mutual compact as are the sovereign  individ… 195        uals imagined by Rousseau。  The convention; either of  sovereign states or of sovereign individuals; with the best will  in the world; can form only a compact or agreement between  sovereigns; and an agreement or compact; whatever its terms or  conditions; is only an alliance; a league; or a confederation;  which no one can pretend is a sovereign state; nation; or  republic。
  The question; then; whether the United States are a single  sovereign state or nation; or a confederacy of independent  sovereign states depends on the question whether the American  people originally existed as one people or as several independent  states。  Mr。 Jefferson maintains that before the convention of  1787 they existed as several independent sovereign states; but  that since that convention; or the ratification of the  constitution it proposed; they exist as one political people in  regard to foreign nations; and several sovereign states in regard  to their internal and domestic relations。  Mr。 Webster concedes  that originally the States existed as severally sovereign states;  but contends that by ratifying the constitution they have been  made one sovereign political people; state; or nation; and that  the General government is a supreme national government; though  with a reservation in favor of State rights。  But both  196                                                        are wrong。   If the several States of the Union were severally sovereign  states when they met in the convention; they are so now; and the  constitution is only an agreement or compact between sovereigns;  and the United States are; as Mr。 Calhoun maintained; only a  confederation of sovereign states; and not a single state or one  political community。
  But if the sovereignty persists in the States severally; any  State; saving its faith; may whenever it chooses to do so;  withdraw from the Union; absolve its subjects from all obligation  to the Federal authorities; and make it treason in them to adhere  to the Federal government。  Secession is; then; an incontestable  right; not a right held under the constitution or derived from  the convention but a right held prior to it; indepen