第 59 节
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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