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democracy in america-1-第65章

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 States controls every individual citizen at every hour and in all circumstances; it protects his property; his freedom; and his life; and when we recollect the traditions; the customs; the prejudices of local and familiar attachment with which it is connected; we cannot doubt of the superiority of a power which is interwoven with every circumstance that renders the love of one's native country instinctive in the human heart。

Since legislators are unable to obviate such dangerous collisions as occur between the two sovereignties which coexist in the federal system; their first object must be; not only to dissuade the confederate States from warfare; but to encourage such institutions as may promote the maintenance of peace。  Hence it results that the Federal compact cannot be lasting unless there exists in the communities which are leagued together a certain number of inducements to union which render their common dependence agreeable; and the task of the Government light; and that system cannot succeed without the presence of favorable circumstances added to the influence of good laws。  All the peoples which have ever formed a confederation have been held together by a certain number of common interests; which served as the intellectual ties of association。

But the sentiments and the principles of man must be taken into consideration as well as his immediate interests。  A certain uniformity of civilization is not less necessary to the durability of a confederation than a uniformity of interests in the States which compose it。  In Switzerland the difference which exists between the Canton of Uri and the Canton of Vaud is equal to that between the fifteenth and the nineteenth centuries; and; properly speaking; Switzerland has never possessed a federal government。  The union between these two cantons only subsists upon the map; and their discrepancies would soon be perceived if an attempt were made by a central authority to prescribe the same laws to the whole territory。

One of the circumstances which most powerfully contribute to support the Federal Government in America is that the States have not only similar interests; a common origin; and a common tongue; but that they are also arrived at the same stage of civilization; which almost always renders a union feasible。  I do not know of any European nation; how small soever it may be; which does not present less uniformity in its different provinces than the American people; which occupies a territory as extensive as one…half of Europe。  The distance from the State of Maine to that of Georgia is reckoned at about one thousand miles; but the difference between the civilization of Maine and that of Georgia is slighter than the difference between the habits of Normandy and those of Brittany。  Maine and Georgia; which are placed at the opposite extremities of a great empire; are consequently in the natural possession of more real inducements to form a confederation than Normandy and Brittany; which are only separated by a bridge。

The geographical position of the country contributed to increase the facilities which the American legislators derived from the manners and customs of the inhabitants; and it is to this circumstance that the adoption and the maintenance of the Federal system are mainly attributable。

The most important occurrence which can mark the annals of a people is the breaking out of a war。  In war a people struggles with the energy of a single man against foreign nations in the defence of its very existence。  The skill of a government; the good sense of the community; and the natural fondness which men entertain for their country; may suffice to maintain peace in the interior of a district; and to favor its internal prosperity; but a nation can only carry on a great war at the cost of more numerous and more painful sacrifices; and to suppose that a great number of men will of their own accord comply with these exigencies of the State is to betray an ignorance of mankind。  All the peoples which have been obliged to sustain a long and serious warfare have consequently been led to augment the power of their government。  Those which have not succeeded in this attempt have been subjugated。  A long war almost always places nations in the wretched alternative of being abandoned to ruin by defeat or to despotism by success。 War therefore renders the symptoms of the weakness of a government most palpable and most alarming; and I have shown that the inherent defeat of federal governments is that of being weak。

The Federal system is not only deficient in every kind of centralized administration; but the central government itself is imperfectly organized; which is invariably an influential cause of inferiority when the nation is opposed to other countries which are themselves governed by a single authority。  In the Federal Constitution of the United States; by which the central government possesses more real force; this evil is still extremely sensible。  An example will illustrate the case to the reader。

The Constitution confers upon Congress the right of calling forth militia to execute the laws of the Union; suppress insurrections; and repel invasions; and another article declares that the President of the United States is the commander…in…chief of the militia。  In the war of 1812 the President ordered the militia of the Northern States to march to the frontiers; but Connecticut and Massachusetts; whose interests were impaired by the war; refused to obey the command。  They argued that the Constitution authorizes the Federal Government to call forth the militia in case of insurrection or invasion; but that in the present instance there was neither invasion nor insurrection。 They added; that the same Constitution which conferred upon the Union the right of calling forth the militia reserved to the States that of naming the officers; and that consequently (as they understood the clause) no officer of the Union had any right to command the militia; even during war; except the President in person; and in this case they were ordered to join an army commanded by another individual。  These absurd and pernicious doctrines received the sanction not only of the governors and the legislative bodies; but also of the courts of justice in both States; and the Federal Government was constrained to raise elsewhere the troops which it required。 *v

'Footnote v: Kent's 〃Commentaries;〃 vol。 i。 p。 244。  I have selected an example which relates to a time posterior to the promulgation of the present Constitution。  If I had gone back to the days of the Confederation; I might have given still more striking instances。  The whole nation was at that time in a state of enthusiastic excitement; the Revolution was represented by a man who was the idol of the people; but at that very period Congress had; to say the truth; no resources at all at its disposal。  Troops and supplies were perpetually wanting。  The best…devised projects failed in the execution; and the Union; which was constantly on the verge of destruction; was saved by the weakness of its enemies far more than by its own strength。  'All doubt as to the powers of the Federal Executive was; however; removed by its efforts in the
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