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 law--the 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, agricultural, commercial, industrial,
religious, or penal. 5. War and conquest. 6. The revolt, separation,
and independence of provinces. 7. The intermingling of the conquerors
and conquered, and by amalgamation forming a new people. These are all
the ways known to history, and in none of these ways does a people,
absolutely destitute of all organization, constitute itself a state,
and institute and carry on civil government.
The
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