the american republic-第29节
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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
