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ies of barbarism which followed her conquest by the barbarians of the North。 But it rarely happens that the real statesmen of a nation are placed at the head of affairs。
Rome did not fall in consequence of the strength of her external enemies; nor through the corruption of private morals and manners; which was never greater than under the first Triumvirate。 She fell from the want of true 173 statesmanship in her public men; and patriotism in her people。 Private virtues and private vices are of the last consequence to individuals; both here and hereafter; but private virtues never saved; private vices never ruined a nation。 Edward the Confessor was a saint; and yet be prepared the way for the Norman conquest of England; and France owes infinitely less to St。 Louis than to Louis XI。; Richelieu; and Napoleon; who; though no saints; were statesmen。 What is specially needed in statesmen is public spirit; intelligence; foresight; broad views; manly feelings; wisdom; energy; resolution; and when statesmen with these qualities are placed at the head of affairs; the state; if not already lost; can; however far gone it may be; be recovered; restored; reinvigorated; advanced; and private vice and corruption disappear in the splendor of public virtue。 Providence is always present in the affairs of nations; but not to work miracles to counteract the natural effects of the ignorance; ineptness; short…sightedness; narrow views; public stupidity; and imbecility of rulers; because they are irreproachable and saintly in their private characters and relations; as was Henry VI。 of England; or; in some respects; Louis XVI。 of France。 Providence is God intervening through 174 the laws he by his creative act gives to creatures; not their suspension or abrogation。 It was the corruption of the statesmen; in substituting the barbaric element for the proper Roman; to which no one contributed more than Constantine; the first Christian emperor; that was the real cause of the downfall of Rome; and the centuries of barbarism that followed; relieved only by the superhuman zeal and charity of the church to save souls and restore civilization。
But in the constitution of the government; as distinguished from the state; the nation is freer and more truly sovereign。 The constitution of the state is that which gives to the people of a given territory political existence; unity; and individuality; and renders it capable of political action。 It creates political or national solidarity; in imitation of the solidarity of the race; in which it has its root。 It is the providential charter of national existence; and that which gives to each nation its peculiar character; and distinguishes it from every other nation。 The constitution of government is the constitution by the sovereign authority of the nation of an agency or ministry for the management of its affairs; and the letter of instructions according to which the agent or minister is to 175 act and conduct the matters intrusted to him。 The distinction which the English make between the sovereign and the ministry is analogous to that between the state and the government; only they understand by the sovereign the king or queen; and by the ministry the executive; excluding; or not decidedly including; the legislature and the judiciary。 The sovereign is the people as the state or body politic; and as the king holds from God only through the people; he is not properly sovereign; and is to be ranked with the ministry or government。 Yet when the state delegates the full or chief governing power to the king; and makes him its sole or principal representative; he may; with sufficient accuracy for ordinary purposes; be called sovereign。 Then; understanding by the ministry or government the legislative and judicial; as well as the executive functions; whether united in one or separated into distinct and mutually independent departments; the English distinction will express accurately enough; except for strictly scientific purposes; the distinction between the state and the government。
Still; it is only in despotic states; which are not founded on right; but force; that the king can say; L'etat; c'est moi; I am the state; and 176 Shakespeare's usage of calling the king of France simply France; and the king of England simply England; smacks of feudalism; under which monarchy is an estate; property; not a public trust。 It corresponds to the Scottish usage of calling the proprietor by the name of his estate。 It is never to be forgotten that in republican states the king has only a delegated sovereignty; that the people; as well as God; are above him。 He holds his power; as the Emperor of the French professes to hold his; by the grace of God and the national willthe only title by which a king or emperor can legitimately hold power。
The king or emperor not being the state; and the government; whatever its form or constitution; being a creature of the state; he can be dethroned; and the whole government even virtually overthrown; without dissolving the state or the political society。 Such an event may cause much evil; create much social confusion; and do grave injury to the nation; but the political society may survive it; the sovereign remains in the plenitude of his rights; as competent to restore government as be was originally to institute it。 When; in 1848; Louis Philippe was dethroned by the Parisian mob; and fled the kingdom; there was in France no 177 legitimate government; for all commissions ran in the king's name; but the organic or territorial people of France; the body politic; remained; and in it remained the sovereign power to organize and appoint a new government。 When; on the 2d of December; 1851; the president; by a coup d'etat; suppressed the legislative assembly and the constitutional government; there was no legitimate government standing; and the power assumed by the president was unquestionably a usurpation; but the nation was competent to condone his usurpation and legalize his power; and by a plebiscitum actually did so。 The wisdom or justice of the coup d'etat is another question; about which men may differ; but when the French nation; by its subsequent act; had condoned it; and formally conferred dictatorial powers on the prince…president; the principal had approved the act of his agent; and given him discretionary powers; and nothing more was to be said。 The imperial constitution and the election of the president to be emperor; that followed on December 2d; 1852; were strictly legal; and; whatever men may think of Napoleon III。; it must be conceded that there is no legal flaw in his title; and that he holds his power by a 178 title as high and as perfect as there is for any prince or ruler。
But the plebiscitum cannot be legally appealed to or be valid when and where there is a legal government existing and in the full exercise of its constitutional functions; as was decided by the Supreme Court of the United