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It was with some such thought； most likely； that a French journalist； writing home from the United States； congratulated the American people on having a Bonaparte in their army； so that when their democracy failed； as in a few years it was sure to do； they would have a descendant of a royal house to be their king or emperor。 Alas！ the Bonaparte has left us； and besides； he was not the descendant of a royal house； and was； like the present Emperor of the French； a decided parvenu。 Still； the Emperor of the French； if only a parvenu； bears himself right imperially among sovereigns； and has no peer among any of the descendants of the old royal families of Europe
140 There is a truth； however； in De Maistre's doctrine that constitutions are generated； or developed； not created de novo； or made all at once。 But nothing is more true than that a nation can alter its constitution by its own deliberate and voluntary action； and many nations have done so； and sometimes for the better； as well as for the worse。 If the constitution once given is fixed and unalterable； it must be wholly divine； and contain no human element； and the people have and can have no hand in their own governmentthe fundamental objection to the theocratic constitution of society。 To assume it is to transfer to civil society； founded by the ordinary providence of God； the constitution of the church； founded by his gracious or supernatural providence； and to maintain that the divine sovereignty governs in civil society immediately and supernaturally； as in the spiritual society。 But such is not the fact。 God governs the nation by the nation itself； through its own reason and free…will。 De Maistre is right only as to the constitution the nation starts with； and as to the control which that constitution necessarily exerts over the constitutional changes the nation can successfully introduce。
The disciples of Jean Jacques Rousseau rec… 141 ognize no providential constitution； and call the written instrument drawn up by a convention of sovereign individuals the constitution； and the only constitution； both of the people and the government。 Prior to its adoption there is no government； no state； no political community or authority。 Antecedently to it the people are an inorganic mass； simply individuals； without any political or national solidarity。 These individuals； they suppose； come together in their own native right and might； organize themselves into a political community； give themselves a constitution； and draw up and vote rules for their government； as a number of individuals might meet in a public hall and resolve themselves into a temperance society or a debating club。 This might do very well if the state were； like the temperance society or debating club； a simple voluntary association； which men are free to join or not as they please； and which they are bound to obey no farther and no longer than suits their convenience。 But the state is a power； a sovereignty； speaks to all within its jurisdiction with an imperative voice； commands； and may use physical force to compel obedience； when not voluntarily yielded。 Men are born its subjects； and no one can withdraw from it 142 without its express or tacit permission； unless for causes that would justify resistance to its authority。 The right of subjects to denationalize or expatriate themselves； except to escape a tyranny or an oppression which would forfeit the rights of power and warrant forcible resistance to it； does not exist； any more than the right of foreigners to become citizens； unless by the consent and authorization of the sovereign； for the citizen or subject belongs to the state； and is bound to it。
The solidarity of the individuals composing the population of a territory or country under one political head is a truth； but 〃the solidarity of peoples；〃 irrespective of the government or political authority of their respective countries； so eloquently preached a few years since by the Hungarian Kossuth； is not only a falsehood； but a falsehood destructive of all government and of all political organization。 Kossuth's doctrine supposes the people； or the populations of all countries； are； irrespective of their governments； bound together in solido； each for all and all for each； and therefore not only free； but bound； wherever they find a population struggling nominally for liberty against its government； to rush with arms in their hands to its assistancea doctrine clearly incompati… 143 ble with any recognition of political authority or territorial rights。 Peoples or nations commune with each other only through the national authorities； and when the state proclaims neutrality or non…intervention； all its subjects are bound to be neutral； and to abstain from all intervention on either side。 There may be； and indeed there is； a solidarity； more or less distinctly recognized； of Christian nations； but of the populations with and through their governments； not without them。 Still more strict is the solidarity of all the individuals of one and the same nation。 These are all bound together； all for each and each for all。 The individual is born into society and under the government； and without the authority of the government； which represents all and each； he cannot release himself from his obligations。 The state is then by no means a voluntary association。 Every one born or adopted into it is bound to it； and cannot without its permission withdraw from it； unless； as just said； it is manifest that he can have under it no protection for his natural rights as a man； more especially for his rights of conscience。 This is Vattel's doctrine； and the dictate of common sense。
The constitution drawn up； ordained； and established by a nation for itself is a lawthe 144 organic or fundamental law； if you will； but a law； and is and must be the act of the sovereign power。 That sovereign power must exist before it can act； and it cannot exist； if vested in the people or nation； without a constitution； or without some sort of political organization of the people or nation。 There must； then； be for every state or nation a constitution anterior to the constitution which the nation gives itself； and from which the one it gives itself derives all its vitality and legal force。
Logic and historical facts are here； as elsewhere； coincident； for creation and providence are simply the expression of the Supreme Logic； the Logos； by whom all things are made。 Nations have originated in various ways； but history records no instance of a nation existing as an inorganic mass organizing itself into a political community。 Every nation； at its first appearance above the horizon； is found to have an organization of some sort。 This is evident from the only ways in which history shows us nations originating。 These ways are： 1。 The union of families in the tribe。 2。 The union of tribes in the nation。 3。 The migration of families； tribes； or nations in search of new settlements。 4。 Colonization； military； a