Friday, March 22, 2019

Offsite Post: ‘Is War Necessary to End Abortion in the States?’


Since the abortion/infanticide debate has begun to rage more intensely lately, the question is being asked by various and sundry, ‘What kind of nation do we want America to be?’ 

A better question would be, ‘Is America a nation at all?’

In the States, there have generally been two views on this question.  The first is that the entity referred to as ‘America’ is not a unified nation-state but a voluntary confederation of independent States, each of which may leave the union at any time and resume its life as a separate nation, unhindered by any of her sister States.  The second is that America is ‘one nation, indivisible’ and that the States are ultimately subservient to whatever decrees come out of Washington City.

The way one answers the second question will determine how one answers the first; the conception one has of the States and the union will shape the policies one desires to implement at the ‘national’ level.

What is the answer to the second question, then?  Is America an indivisible nation or a voluntary confederation?  The reigning idea is that America is one nation, and the States, cities, counties, etc. all owe their existence and allegiance to the Great Union, whose collective life is centered in Washington City.  This idea has been promoted by influential men through the years:  John Adams, Alexander Hamilton, John Marshall, Joseph Story, Daniel Webster, Abraham Lincoln, etc.

But it is undoubtedly false.  One of Virginia’s leading men prior to the War, Abel Upshur (1790-1844), gives ample testimony to this in reply to Joseph Story’s Commentaries on the Constitution of the United States.  On the idea of there being one homogenous American people, he writes,

In order to constitute "one people," in a political sense, of the inhabitants of different countries, something more is necessary than that they should owe a common allegiance to a common sovereign. Neither is it sufficient that, in some particulars, they are bound alike, by laws which that sovereign may prescribe; nor does the question depend on geographical relations. The inhabitants of different islands may be one people, and those of contiguous countries may be, as we know they in fact are, different nations. By the term "people," as here used, we do not mean merely a number of persons. We mean by it a political corporation, the members of which owe a common allegiance to a common sovereignty, and do not owe any allegiance which is not common; who are bound by no laws except such as that sovereignty may prescribe; who owe to one another reciprocal obligations; who possess common political interests; who are liable to [ *15 ]*common political duties; and who can exert no sovereign power except in the name of the whole. Anything short of this, would be an imperfect definition of that political corporation which we call a "people."

Tested by this definition, the people of the American colonies were, in no conceivable sense, "one people." They owed, indeed, allegiance to the British king, as the head of each colonial government, and as forming a part thereof; but this allegiance was exclusive, in each colony, to its own government, and, consequently, to the king as the head thereof, and was not a common allegiance of the people of all the colonies, to a common head.[1] These colonial governments were clothed with the sovereign power of making laws, and of enforcing obedience to them, from their own people. The people of one colony owed no allegiance to the government of any other colony, and were not bound by its laws. The colonies had no common legislature, no common treasury, no common military power, no common judicatory. The people of one colony were not liable to pay taxes to any other colony, nor to bear arms in its defence; they had no right to vote in its elections; no influence nor control in its municipal government, no interest in its municipal institutions. There was no prescribed form by which the colonies could act together, for any purpose whatever; they were not known as "one people" in any one function of government. Although they were all, alike, dependencies of the British crown, yet, even in the action of the parent country, in regard to them, they were recognized as separate and distinct. They were established at different times, and each under an authority from the crown, which applied to itself alone. They were not even alike in their organization. Some were provincial, some proprietary, and some charter governments. Each derived its form of government from the particular instrument establishing it, or from assumptions of power acquiesced in by the crown, without any connexion with, or relation to, any other. They stood upon the same footing, in every respect, with other British colonies, with nothing to distinguish their relation either to the parent country or to one another. The charter of any one of them might have been destroyed, without in any manner affecting the rest. In point of fact, the charters of nearly all of them were altered, from time to time, and the whole character [ *16 ]*of their government changed. These changes were made in each colony for itself alone, sometimes by its own action, sometimes by the power and authority of the crown; but never by the joint agency of any other colony, and never with reference to the wishes or demands of any other colony. Thus they were separate and distinct in their creation; separate and distinct in the changes and modifications of their governments, which were made from time to time; separate and distinct in political functions, in political rights, and in political duties.

The provincial government of Virginia was the first established. The people of Virginia owed allegiance to the British king, as the head of their own local government. The authority of that government was confined within certain geographical limits, known as Virginia, and all who lived within those limits were "one people." When the colony of Plymouth was subsequently settled, were the people of that colony "one" with the people of Virginia? When, long afterwards, the proprietary government of Pennsylvania was established, were the followers of William Penn "one" with the people of Plymouth and Virginia? If so, to which government was their allegiance due? Virginia had a government of her own, Pennsylvania a government of her own, and Massachusetts a government of her own. The people of Pennsylvania could not be equally bound by the laws of all three governments, because those laws might happen to conflict; they could not owe the duties of citizenship to all of them alike, because they might stand in hostile relations to one another. Either, then, the government of Virginia, which originally extended over the whole territory, continued to be supreme therein, (subject only to its dependence on the British crown,) or else its supremacy was yielded to the new government. Every one knows that this last was the case; that within the territory of the new government the authority of that government alone prevailed. How then could the people of this new government of Pennsylvania be said to be "one" with the people of Virginia, when they were not citizens of Virginia, owed her no allegiance and no duty, and when their allegiance to another government might place them in the relation of enemies of Virginia?

In farther illustration of this point, let us suppose that some one of the colonies had refused to unite in the declaration of independence; what relation would it then have held to the others? Not having disclaimed its allegiance to the British crown, it would still have continued to be a British colony, subject to the authority of the parent [ *17 ]*country, in all respects as before. Could the other colonies have rightfully compelled it to unite with them in their revolutionary purposes, on the ground that it was part and parcel of the "one people," known as the people of the colonies? No such right was ever claimed, or dreamed of, and it will scarcely be contended for now, in the face of the known history of the time. Such recusant colony would have stood precisely as did the Canadas, and every other part of the British empire. The colonies, which had declared war, would have considered its people as enemies, but would not have had a right to treat them as traitors, or as disobedient citizens resisting their authority. To what purpose, then, were the people of the colonies "one people," if, in a case so important to the common welfare, there was no right in all the people together, to coerce the members of their own community to the performance of a common duty?

It is thus apparent that the people of the colonies were not "one people," as to any purpose involving allegiance on the one hand, or protection on the other. What, then, I again ask, are the "many purposes" to which the author alludes? It is certainly incumbent on him who asserts this identity, against the inferences most naturally deducible from the historical facts, to show at what time, by what process, and for what purposes, it was effected. He claims too much consideration for his personal authority, when he requires his readers to reject the plain information of history, in favor of his bare assertion. The charters of the colonies prove no identity between them, but the reverse; and it has already been shown that this identity is not the necessary result of their common relation to the mother country. By what other means they came to be "one," in any intelligible and political sense, it remains for the author to explain.

--A Brief Enquiry into the Nature and Character of our Federal Government, ch. II, https://en.wikisource.org/wiki/A_Brief_Enquiry_into_the_Nature_and_Character_of_our_Federal_Government/II

It being the case, therefore, that there is no single American people and thus no single American nation either, it begs another question:  Is the current federal constitution a fitting instrument with which to govern a pluri-national confederation of States?  And again we must answer in the negative.

The current constitution of union, written in 1787, is a chimera, incorporating both the one people, one nation doctrine and the independent States doctrine.  It was thus doomed from the outset to be unstable and to cause antagonism amongst the parties governed by its institutions.

But we ought to speak more plainly on this point.  The 1787 charter was not a blundering attempt at a middle way.  It was in fact a counter-revolution waged against the decentralized government of the Articles of Confederation that was set up among the States in 1781 as an attempt at union after declaring their independence from the British Empire:

 . . .


--

Holy Ælfred the Great, King of England, South Patron, pray for us sinners at the Souð, unworthy though we are!

Anathema to the Union!

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