The American Republic: Its Constitution, Tendencies, and Destiny

by Orestes Augustus Brownson

Now, this division of power, which decentralizes the government without creating mutually hostile forces, can hardly be introduced into any European state. There may be a union of states in Great Britain, in Germany, in Italy, perhaps in Spain, and Austria is laboring hard to effect it in her heterogeneous empire; but the union possible in any of them is that of a Bund or confederation, like the Swiss or German Bund, similar to what the secessionists in the United States so recently attempted and have so signally failed to establish. An intelligent Confederate officer remarked that their Confederacy had not been in operation three months before it became evident that the principle on which it was founded, if not rejected, would insure its defeat. It was that principle of State sovereignty, for which the States seceded, more than the superior resources and numbers of the Government, that caused the collapse of the Confederacy. The numbers were relatively about equal, and the military resources of the Confederacy were relatively not much inferior to those of the Government. So at least the Confederate leaders thought, and they knew the material resources of the Government as well as their own, and had calculated them with as much care and accuracy as any men could. Foreign powers also, friendly as well as unfriendly, felt certain that the secessionists would gain their independence, and so did a large part of the people even of the loyal States. The failure is due to the disintegrating principle of State sovereignty, the very principle of the Confederacy. The war has proved that united states are, other things being equal, an overmatch for confederated states.

The European states must unite either as equals or as unequals. As equals, the union can be only a confederacy, a sort of Zollverein, in which each state retains its individual sovereignty; if as unequals, then someone among them will aspire to the hegemony, and you have over again the Athenian Confederation, formed at the conclusion of the Persian war, and its fate. A union like the American cannot be created by a compact, or by the exercise of supreme power. The Emperor of the French cannot erect the several Departments of France into states, and divide the powers of government between them as individual and as united states. They would necessarily hold from the imperial government, which, though it might exercise a large part of its functions through them, would remain, as now, the supreme central government, from which all governmental powers emanate, as our President is apparently attempting, in his reconstruction policy, to make the government of the United States. The elements of a state constituted like the American do not exist in any European nation, nor in the constitution of European society; and the American constitution would have been impracticable even here had not Providence so ordered it that the nation was born with it, and has never known any other.

Rome recognized the necessity of the federal principle, and applied it in the best way she could. At first it was a single tribe or people distributed into distinct gentes or houses; after the Sabine war, a second tribe was added on terms of equality, and the state was dual, composed of two tribes, the Ramnes and the Tities or Quirites, and, afterward, in the time of Tullus Hostilius, were added the Lucertes or Luceres, making the division into three ruling tribes, each divided into one hundred houses or gentes. Each house in each tribe was represented by its chief or decurion in the senate, making the number of senators exactly three hundred, at which number the senate was fixed. Subsequently was added, by Ancus, the plebs, who remained without authority or share in the government of the city of Rome itself, though they might aspire to the first rank in the allied cities. The division into tribes, and the division of the tribes into gentes or houses, and the vote in the state by tribes, and in the tribes by houses, effectually excluded democratic centralism; but the division was not a division of the powers of government between two co-ordinate governments, for the senate had supreme control, like the British parliament, over all matters, general and particular.

The establishment, after the secession of the plebs, of the tribunitial veto, which gave the plebeians a negative power in the state, there was an incipient division of the powers of government; but only a division between the positive and negative powers, not between the general and the particular. The power accorded to the plebs, or commons, as Niebuhr calls them—who is, perhaps, too fond of explaining the early constitution of Rome by analogies borrowed from feudalism, and especially from the constitution of his native Ditmarsch—was simply an obstructive power; and when it, by development, became a positive power, it absorbed all the powers of government, and created the Empire.

There was, indeed, a nearer approach to the division of powers in the American system, between imperial Rome and her allied or confederated municipalities. These municipalities, modelled chiefly after that of Rome, were elective, and had the management of their own local affairs; but their local powers were not co-ordinate in their own sphere with those exercised by the Roman municipality, but subordinate and dependent. The senate had the supreme power over them, and they held their rights subject to its will. They were formally, or virtually, subjugated states, to which the Roman senate, and afterward the Roman emperors, left the form of the state and the mere shadow of freedom. Rome owed much to her affecting to treat them as allies rather than as subjects, and at first these municipal organizations secured the progress of civilization in the provinces; but at a later period, under the emperors, they served only the imperial treasury, and were crushed by the taxes imposed and the contributions levied on them by the fiscal agents of the empire. So heavy were the fiscal burdens imposed on the burgesses, if the term may be used, that it needed an imperial edict to compel them to enter the municipal government; and it became, under the later emperors, no uncommon thing for free citizens to sell themselves into slavery, to escape the fiscal burdens imposed. There are actually imperial edicts extant forbidden freemen to sell themselves as slaves. Thus ended the Roman federative system, and it is difficult to discover in Europe the elements of a federative system that could have a more favorable result.

Now, the political destiny or mission of the United States is, in common with the European nations, to eliminate the barbaric elements retained by the Roman constitution, and specially to realize that philosophical division of the powers of government which distinguish it from both imperial and democratic centralism on the one hand, and, on the other, from the checks and balances or organized antagonisms which seek to preserve liberty by obstructing the exercise of power. No greater problem in statesmanship remains to be solved, and no greater contribution to civilization to be made. Nowhere else than in this New World, and in this New World only in the United States, can this problem be solved, or this contribution be made, and what the Graeco-Roman republic began be completed.

But the United States have a religious as well as a political destiny, for religion and politics go together. Church and state, as governments, are separate indeed, but the principles on which the state is founded have their origin and ground in the spiritual order—in the principles revealed or affirmed by religion—and are inseparable from them. There is no state without God, any more than there is a church without Christ or the Incarnation. An atheist may be a politician, but if there were no God there could be no politics, theological principles are the basis of political principles. The created universe is a dialectic whole, distinct but inseparable from its Creator, and all its parts cohere and are essential to one another. All has its origin and prototype in the Triune God, and throughout expresses unity in triplicity and triplicity in unity, without which there is no real being and no actual or possible life. Every thing has its principle, medium, and end. Natural society is initial, civil government is medial, the church is teleological, but the three are only distinctions in one indissoluble whole.

Man, as we have seen, lives by communion with God through the Divine creative act, and is perfected or completed only through the Incarnation, in Christ, the Word made flesh. True, he communes with God through his kind, and through external nature, society in which he is born and reared, and property through which he derives sustenance for his body; but these are only media of his communion with God, the source of life—not either the beginning or the end of his communion. They have no life in themselves, since their being is in God, and, of themselves, can impart none. They are in the order of second causes, and second causes, without the first cause, are nought. Communion which stops with them, which takes them as the principle and end, instead of media, as they are, is the communion of death, not of life. As religion includes all that relates to communion with God, it must in some form be inseparable from every living act of man, both individually and socially; and, in the long run, men must conform either their politics to their religion or their religion to their politics. Christianity is constantly at work, moulding political society in its own image and likeness, and every political system struggles to harmonize Christianity with itself. If, then, the United States have a political destiny, they have a religious destiny inseparable from it.

The political destiny of the United States is to conform the state to the order of reality, or, so to speak, to the Divine Idea in creation. Their religious destiny is to render practicable and to realize the normal relations between church and state, religion and politics, as concreted in the life of the nation.

In politics, the United States are not realizing a political theory of any sort whatever. They, on the contrary, are successfully refuting all political theories, making away with them, and establishing the state—not on a theory, not on an artificial basis or a foundation laid by human reason or will, but on reality, the eternal and immutable principles in relation to which man is created. They are doing the same in regard to religious theories. Religion is not a theory, a subjective view, an opinion, but is, objectively, at once a principle, a law, and a fact, and, subjectively, it is, by the aid of God's grace, practical conformity to what is universally true and real. The United States, in fulfilment of their destiny, are making as sad havoc with religious theories as with political theories, and are pressing on with irresistible force to the real or the Divine order which is expressed in the Christian mysteries, which exists independent of man's understanding and will, and which man can neither make nor unmake.