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 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.
Pages:
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175