友情提示:如果本网页打开太慢或显示不完整,请尝试鼠标右键“刷新”本网页!阅读过程发现任何错误请告诉我们,谢谢!! 报告错误
飞读中文网 返回本书目录 我的书架 我的书签 TXT全本下载 进入书吧 加入书签

the american republic-第38章

按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!



ention; 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; independently of it;  inherent in the State sovereignty; and inseparable from it。  The  State is bound by the constitution of the Union only while she is  in it; and is one of the States united。  In ratifying the  constitution she did not part with her sovereignty; or with any  portion of it; any more than France has parted with her  sovereignty; and ceased to be an independent sovereign nation; by  vesting the imperial power in Napoleon III。 and his legitimate  heirs male。  The principal parts not with his power 197                                                     to his agent;  for the agent is an agent only by virtue of the continued power  of the principal。  Napoleon is emperor by the will of the French  people; and governs only by the authority of the French nation;  which is as competent to revoke the powers it has conferred on  him; when it judges proper; as it was to confer them。  The Union  exists and governs; if the States are sovereign; only by the will  of the State; and she is as competent to revoke the powers she  has delegated as she was to delegate them。  The; Union; as far as  she is concerned; is her creation; and what she is competent to  make she is competent to unmake。

In seceding or withdrawing from the Union a State may act very  unwisely; very much against her own interests and the interests  of the other members of the confederacy; but; if sovereign; she  in doing so only exercises her unquestionable right。  The other  members may regret her action; both for her sake and their own;  but they cannot accuse her or her citizens of disloyalty in  seceding; nor of rebellion; if in obedience to her authority they  defend their independence by force of arms against the Union。   Neither she nor they; on the supposition; ever owed allegiance to  the Union。  Allegiance is due from the citizen to the sovereign  state; but never from 198                       a sovereign state or from its citizens to  any other sovereign state。  While the State is in the Union the  citizen owes obedience to the United States; but only because his  State has; in ratifying the Federal constitution; enacted that it  and all laws and treaties made under it shall be law within her  territory。  The repeal by the State of the act of ratification  releases the citizen from the obligation even of obedience; and  renders it criminal for him to yield it without her permission。

It avails nothing; on the hypothesis of the sovereignty of the  States as distinguished from that of the United States; to appeal  to the language or provisions of the Federal constitution。  That  constitutes the government; not the state or the sovereign。  It  is ordained by the sovereign; and if the States were severally  independent and sovereign states; that sovereign is the States  severally; not the States united。  The constitution is law for  the citizens of a State only so long as the State remains one of  the United States。  No matter; then; how clear and express the  language; or stringent the provisions of the constitution; they  bind only the citizens of the States that enact the constitution。   The written constitution is simply a compact; and obliges only  while the compact is continued by the 199                                       States; each for itself。   The sovereignty of the United States as a single or political  people must be established before any thing in the constitution  can be adduced as denying the right of secession。

That this doctrine would deprive the General government of all  right to enforce the laws of the Union on a State that secedes;  or the citizens thereof; is no doubt true; that it would weaken  the central power and make the Union a simple voluntary  association of states; no better than a rope of sand; is no less  true; but what then?  It is simply saying that a confederation is  inferior to a nation; and that a federal government lacks many of  the advantages of a national government。  Confederacies are  always weak in the centre; always lack unity; and are liable to  be dissolved by the influence of local passions; prejudices; and  interests。  But if the United States are a confederation of  states or nations; not a single nation or sovereign state; then  there is no remedy。

If the Anglo…American colonies; when their independence of Great  Britain was achieved and acknowledged; were severally sovereign  states; it has never since been in their power to unite and form  a single sovereign state; or to form themselves into one  indivisible sovereign 200                       nation。  They could unite only by mutual agreement; which gives only a confederation; in which each  retains its own sovereignty; as two individuals; however closely  united; retain each his own individuality。  No sovereignty is of  conventional origin; and none can emerge from the convention that  did not enter it。  Either the states are one sovereign people or  they are not。  If they are not; it is undoubtedly a great  disadvantage; but a disadvantage that must be accepted; and  submitted to without a murmur。

Whether the United States are
返回目录 上一页 下一页 回到顶部 0 0
未阅读完?加入书签已便下次继续阅读!
温馨提示: 温看小说的同时发表评论,说出自己的看法和其它小伙伴们分享也不错哦!发表书评还可以获得积分和经验奖励,认真写原创书评 被采纳为精评可以获得大量金币、积分和经验奖励哦!