the american republic-第41节
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and irresponsible majority。 Is the remedy in written or paper constitutions？ Party can break through them； and by making the judges elective by party； for short terms； and re…eligible； can do so with impunity。 In several of the States； the dominant majority have gained the power to govern at will； without any let or hindrance。 Besides； constitutions can be altered； and have been altered； very nearly at the will of the majority。 No mere paper constitutions are any protection against the usurpations of party； for party will always grasp all the power it can。
Yet the evil is not so great as it seems； for in most of the States the principle of division of powers is carried into the bosom of the State itself； in some States further than in others； but in all it obtains to some extent。 In what are called the New England States； the best governed portion of the Union； each town is a corporation； having important powers and the charge of all purely local matterschooses its own officers； manages its own finances； takes charge of its own poor； of its own roads 275 and bridges； and of the education of its own children。 Between these corporations and the State government are the counties； that take charge of another class of interests； more general than those under the charge of the town； but less general than those of the State。 In the great central and Northwestern States the same system obtains； though less completely carried out。 In the Southern and Southwestern States； the town corporations hardly exist； and the rights and interests of the poorer classes of persons have been less well protected in them than in the Northern and Eastern States。 But with the abolition of slavery； and the lessening of the influence of the wealthy slaveholding class； with the return of peace and the revival of agricultural； industrial； and commercial prosperity； the New England system； in its main features； is pretty sure to be gradually introduced； or developed； and the division of powers in the State to be as effectively and as systematically carried out as it is between the General government and the particular or State governments。 So； though universal suffrage； good as far as it goes； is not alone sufficient； the division of powers affords with it a not inadequate protection。
No government； whose workings are intrusted 276 to men； ever is or can be practically perfectsecure all good； and guard against all evil。 In all human governments there will be defects and abuses； and he is no wise man who expects perfection from imperfection。 But the American constitution； taken as a whole； and in all its parts； is the least imperfect that has ever existed； and under it individual rights； personal freedom and independence； as well as public authority or society； are better protected than under any other； and as the few barbaric elements retained from the feudal ages are eliminated； the standard of education elevated； and the whole population Americanized； moulded by and to the American system； it will be found to effect all the good； with as little of the evil； as can be reasonably expected from any possible civil government or political constitution of society。
277 CHAPTER XI。
SECESSION。
The doctrine that a State has a right to secede and carry with it its population and domain； has been effectually put down； and the unity and integrity of the United States as a sovereign nation have been effectively asserted on the battle…field； but the secessionists； though disposed to submit to superior force； and demean themselves henceforth as loyal citizens； most likely hold as firmly to the doctrine as before finding themselves unable to reduce it to practice； and the Union victory will remain incomplete till they are convinced in their understandings that the Union has the better reason as well as the superior military resources。 The nation has conquered their bodies； but it is hardly less important for our statesmen to conquer their minds and win their hearts。
The right of secession is not claimed as a revolutionary right； or even as a conventional right。 The secessionists disclaim revolutionary 278 principles； and hold that the right of secession is anterior to the convention； a right which the convention could neither give； nor take away； because inherent in the very conception of a sovereign State。 Secession is simply the repeal by the State of the act of accession to the Union； and as that act was a free； voluntary act of the State； she must always be free to repeal it。 The Union is a copartnership； a State in the Union is simply a member of the firm； and has the right to withdraw when it judges it for its interest to do so。 There is no power in a firm to compel a copartner to remain a member any longer than be pleases。 He is undoubtedly holden for the obligations contracted by the firm while he remains a member； but for none contracted after he has withdrawn and given due notice thereof。
So of a sovereign State in the Union。 The Union itself； apart from the sovereign States that compose it； is a mere abstraction； a nullity； and binds nobody。 All its substance and vitality are in the agreement by which the States constitute themselves a firm or copartnership； for certain specific purposes； and for which they open an office and establish an agency under express instructions for the management of the general affairs of the firm。 The State is held 279 jointly and severally for all the legal obligations of the Union； contracted while she is in it but no further； and is free to withdraw when she pleases； precisely as an individual may withdraw from an ordinary business firm。 The remaining copartners have no right of compulsion or coercion against the seceding member； for he； saving the obligations already contracted； is as free to withdraw as they are to remain。
The population is fixed to the domain and goes with it； the domain is attached to the State； and secedes in the secession of the State。 Secession； then； carries the entire State government； people； and domain out of the Union； and restores ipso facto the State to its original position of a sovereign State； foreign to the United States。 Being an independent sovereign State； she may enter into a new confederacy； form a new copartnership； or merge herself in some other foreign state； as she judges proper or finds opportunity。 The States that seceded formed among themselves a new confederacy； more to their mind than the one formed in 1787； as they had a perfect right to do； and in the war just ended they were not rebels nor revolutionists； but a people fighting for the right of self…government； loyal citizens and true patriots de… 280 fending the independence and inviolability of their country against foreign invaders。 They are to be honored for their loyalty and patriotism； and not branded as rebels and punished as traitors。
This is the secession argument； which rests on no assumption of revolutionary principles or abstract rights of man； and on no allegation of real or imaginary wrongs received from the Union； but simply on the original and inherent rights of the several States as independent sovereign States。 The argument is conclusive； and the defence complete； if the Union is only a firm or copartnership； and the sovereignty vests in the States severally。 The refutation of the secessionists is in the facts adduced that disprove the theory of State sovereignty； and prove that the sovereignty vests not in the States severally； but in the States united； or that the Union is sovereign； and not the States individually。 The Union is not a firm； a copartnership； nor an artificial or conventional union； but a real； living； constitutional union； founded in the original and indissoluble unity of the American people； as one sovereign people。 There is； indeed； no such people； if we abstract the States； but there are no States if we abstract this sovereign people or the Union。 There is 281 no Union without the States； and there are no States without the Union。 The people are born States； and the States are born United States。 The Union and the States are simultaneous； born together； and enter alike into the original and essential constitution of the American state。 This the facts and reasonings adduced fully establish。
But this one sovereign people that exists only as organized into States； does not necessarily include the whole population or territory included within the jurisdiction of the United States。 It is restricted to the people and territory or domain organized into States in the Union； as in ancient Rome the ruling people were restricted to the tenants of the sacred territory； which had been surveyed； and its boundaries marked by the god Terminus； and which by no means included all the territory held by the city； and of which she was both the private proprietor and the public sovereign。 The city had vast possessions acquired by confiscation； by purchase； by treaty； or by conquest； and in
