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102 about changing his judgment concerning the value and position of music itself. What did he care if up to that time he had made of music a means, a medium, a "woman," that in order to thrive needed an end, a man—that is, the drama? He suddenly realised that more could be effected by the novelty of the Schopenhauerian theory in majorem musicae gloriam—that is to say, by means of the sovereignty of music, as Schopenhauer understood it; music abstracted from and opposed to all the other arts, music as the independent art-in-itself, not like the other arts, affording reflections of the phenomenal world, but rather the language of the will itself, speaking straight out of the "abyss" as its most personal, original, and direct manifestation. This extraordinary rise in the value of music (a rise which seemed to grow out of the Schopenhauerian philosophy) was at once accompanied by an unprecedented rise in the estimation in which the musician himself was held: he became now an oracle, a priest, nay, more than a priest, a kind of mouthpiece for the "intrinsic essence of things," a telephone from the other world—from henceforward he talked not only music, did this ventriloquist of God, he talked metaphysic; what wonder that one day he eventually talked ascetic ideals!

6.

Schopenhauer has made use of the Kantian treatment of the aesthetic problem—though he certainly did not regard it with the Kantian eyes. Kant thought that he showed honour to art when he favoured and placed in the foreground those of the predicates of the beautiful, which

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We, the people of the Confederate States, each state acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity—invoking the favor and guidance of Almighty God—do ordain and establish this constitution for the Confederate States of America.

All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives.

1. The House of Representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text: 1911 Encyclopædia Britannica/Leo (popes)/Leo II


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Rh constitute the honour of knowledge: impersonality and universality. This is not the place to discuss whether this was not a complete mistake; all that I wish to emphasise is that Kant, just like other philosophers, instead of envisaging the aesthetic problem from the standpoint of the experiences of the artist (the creator), has only considered art and beauty from the standpoint of the spectator, and has thereby imperceptibly imported the spectator himself into the idea of the "beautiful"! But if only the philosophers of the beautiful had sufficient knowledge of this "spectator"!—Knowledge of him as a great fact of personality, as a great experience, as a wealth of strong and most individual events, desires, surprises, and raptures in the sphere of beauty! But, as I feared, the contrary was always the case. And so we get from our philosophers, from the very beginning, definitions on which the lack of a subtler personal experience squats like a fat worm of crass error, as it does on Kant's famous definition of the beautiful. "That is beautiful," says Kant, "which pleases without interesting." Without interesting! Compare this definition with this other one, made by a real "spectator" and "artist"—by Stendhal, who once called the beautiful une promesse de bonheur. Here, at any rate, the one point which Kant makes prominent in the aesthetic position is repudiated and eliminated—le désinteressement. Who is right, Kant or Stendhal? When, forsooth, our aesthetes never get tired of throwing into the scales in Kant's favour the fact that under the magic of beauty men can look at even naked female statues "without interest," we can certainly laugh a little at their expense:—in regard to this ticklish point the experiences of artists are more

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 2. No person shall be a Representative, who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

3. Representatives and Direct Taxes shall be apportioned among the several states, which may be included within this Confederacy, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Representatives shall not exceed one for every fifty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of South Carolina shall be entitled to choose six—the state of Georgia ten—the state of Alabama nine—the state of Florida two—the state of Mississippi seven—the state of Louisiana six, and the state of Texas six.

4. When vacancies happen in the representation from any state, the Executive authority thereof shall issue writs of election to fill such vacancies.

5. The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment; except that any judicial or other federal officer, resident and acting solely within the limits of any state, may be impeached by a vote of two-thirds of both branches of the Legislature thereof.

1. The Senate of the Confederate States shall be composed of two Senators from each state, chosen for six years by the legislature thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote.


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104 "interesting," and at any rate Pygmalion was not necessarily an "unaesthetic man." Let us think all the better of the innocence of our aesthetes, reflected as it is in such arguments; let us, for instance, count to Kant's honour the country-parson naivete of his doctrine concerning the peculiar character of the sense of touch! And here we come back to Schopenhauer, who stood in much closer neighbourhood to the arts than did Kant, and yet never escaped outside the pale of the Kantian definition; how was that? The circumstance is marvellous enough: he interprets the expression, "without interest," in the most personal fashion, out of an experience which must in his case have been part and parcel of his regular routine. On few subjects does Schopenhauer speak with such certainty as on the working of aesthetic contemplation: he says of it that it simply counteracts sexual interest, like lupulin and camphor; he never gets tired of glorifying this escape from the "Life-will" as the great advantage and utility of the aesthetic state. In fact, one is tempted to ask if his fundamental conception of Will and Idea, the thought that there can only exist freedom from the "will" by means of "idea," did not originate in a generalisation from this sexual experience. (In all questions concerning the Schopenhauerian philosophy, one should, by the bye, never lose sight of the consideration that it is the conception of a youth of twenty-six, so that it participates not only in what is peculiar to Schopenhauer's life, but in what is peculiar to that special period of his life.) Let us listen, for instance, to one of the most expressive among the countless passages which he has written in honour of the aesthetic state (World as Will and Idea, i. 231); let us

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Rh listen to the tone, the suffering, the happiness, the gratitude, with which such words are uttered: "This is the painless state which Epicurus praised as the highest good and as the state of the gods; we are during that moment freed from the vile pressure of the will, we celebrate the Sabbath of the will's hard labour, the wheel of Ixion stands still." What vehemence of language! What images of anguish and protracted revulsion! How almost pathological is that temporal antithesis between "that moment" and everything else, the "wheel of Ixion," "the hard labour of the will," "the vile pressure of the will." But granted that Schopenhauer was a hundred times right for himself personally, how does that help our insight into the nature of the beautiful? Schopenhauer has described one effect of the beautiful,—the calming of the will,—but is this effect really normal? As has been mentioned, Stendhal, an equally sensual but more happily constituted nature than Schopenhauer, gives prominence to another effect of the "beautiful." "The beautiful promises happiness." To him it is just the excitement of the will (the "interest") by the beauty that seems the essential fact. And does not Schopenhauer ultimately lay himself open to the objection, that he is quite wrong in regarding himself as a Kantian on this point, that he has absolutely failed to understand in a Kantian sense the Kantian definition of the beautiful—that the beautiful pleased him as well by means of an interest, by means, in fact, of the strongest and most personal interest of all, that of the victim of torture who escapes from his torture?—And to come back again to our first question, "What is the meaning of a philosopher paying homage to ascetic ideals?" We

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 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

3. No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhabitant of the state for which he shall be chosen.

4. The Vice-President of the Confederate States shall be President of the Senate, but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers; and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the Confederate States.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit, under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law.

1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in


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106 get now, at any rate, a first hint; he wishes to escape from a torture.

7.

Let us beware of making dismal faces at the word "torture"—there is certainly in this case enough to deduct, enough to discount—there is even something to laugh at. For we must certainly not underestimate the fact that Schopenhauer, who in practice treated sexuality as a personal enemy (including its tool, woman, that "instrumentum diaboli"), needed enemies to keep him in a good humour; that he loved grim, bitter, blackish-green words; that he raged for the sake of raging, out of passion; that he would have grown ill, would have become a pessimist (for he was not a pessimist, however much he wished to be), without his enemies, without Hegel, woman, sensuality, and the whole "will for existence" "keeping on." Without them Schopenhauer would not have "kept on," that is a safe wager; he would have run away: but his enemies held him fast, his enemies always enticed him back again to existence, his wrath was just as theirs was to the ancient Cynics, his balm, his recreation, his recompense, his remedium against disgust, his happiness. So much with regard to what is most personal in the case of Schopenhauer; on the other hand, there is still much which is typical in him—and only now we come back to our problem. It is an accepted and indisputable fact, so long as there are philosophers in the world, and wherever philosophers have existed (from India to England, to take the opposite poles of

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 each state by the legislature thereof, subject to the provisions of this Constitution; but the Congress may, at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators.

2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day.

1. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.

2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a member.

3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresysecrecy [sic]; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech


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Rh ability), that there exists a real irritation and rancour on the part of philosophers towards sensuality. Schopenhauer is merely the most eloquent, and if one has the ear for it, also the most fascinating and enchanting outburst. There similarly exists a real philosophic bias and affection for the whole ascetic ideal; there should be no illusions on this score. Both these feelings, as has been said, belong to the type; if a philosopher lacks both of them, then he is—you may be certain of it—never anything but a "pseudo." What does this mean? For this state of affairs must first be interpreted: in itself it stands there stupid to all eternity, like any "Thing-in-itself." Every animal, including la bete philosophe, strives instinctively after an optimum of favourable conditions, under which he can let his whole strength have play, and achieves his maximum consciousness of power; with equal instinctiveness, and with a fine perceptive flair which is superior to any reason, every animal shudders mortally at every kind of disturbance and hindrance which obstructs or could obstruct his way to that optimum (it is not his way to happiness of which I am talking, but his way to power, to action, the most powerful action, and in point of fact in many cases his way to unhappiness). Similarly, the philosopher shudders mortally at marriage, together with all that could persuade him to it—marriage as a fatal hindrance on the way to the optimum. Up to the present what great philosophers have been married? Heracleitus, Plato, Descartes, Spinoza, Leibnitz, Kant, Schopenhauer—they were not married, and, further, one cannot imagine them as married. A married philosopher belongs to comedy, that is my rule; as for that exception

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 or debate in either House, they shall not be questioned in any other place.

2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department.

1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.

2. Every bill which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law. The President may approve any appropriation and disapprove any other


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108 of a Socrates—the malicious Socrates married himself, it seems, ironice, just to prove this very rule. Every philosopher would say, as Buddha said, when the birth of a son was announced to him: "Rahoula has been born to me, a fetter has been forged for me" (Rahoula means here "a little demon"); there must come an hour of reflection to every "free spirit" (granted that he has had previously an hour of thoughtlessness), just as one came once to the same Buddha: "Narrowly cramped," he reflected, "is life in the house; it is a place of uncleanness; freedom is found in leaving the house." Because he thought like this, he left the house. So many bridges to independence are shown in the ascetic ideal, that the philosopher cannot refrain from exultation and clapping of hands when he hears the history of all those resolute ones, who on one day uttered a nay to all servitude and went into some desert; even granting that they were only strong asses, and the absolute opposite of strong minds. What, then, does the ascetic ideal mean in a philosopher? This is my answer—it will have been guessed long ago: when he sees this ideal the philosopher smiles because he sees therein an optimum of the conditions of the highest and boldest intellectuality; he does not thereby deny '"existence," he rather affirms thereby his existence and only his existence, and this perhaps to the point of not being far off the blasphemous wish, pereat mundus, fiat philosophia, fiat philosophus, fiam!. ..

8.

These philosophers, you see, are by no means

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 appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President.

3. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary (except on a question of adjournment) shall be presented to the President of the Confederate States; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be re-passed by two-thirds of both Houses according to the rules and limitations prescribed in case of a bill.

The Congress shall have power—

1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the common defence, and carry on the government of the Confederate States; but no bounties shall be granted from the treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States:

2. To borrow money on the credit of the Confederate States:

3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation


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Rh witnesses and judges of the value of the ascetic ideal. They think of themselves—what is the "saint" to them? They think of that which to them personally is most indispensable; of freedom from compulsion, disturbance, noise; freedom from business, duties, cares; of a clear head; of the dance, spring, and flight of thoughts; of good air—rare, clear, free, dry, as is the air on the heights, in which every animal creature becomes more intellectual and gains wings; they think of peace in every cellar; all the hounds neatly chained; no baying of enmity and uncouth rancour; no remorse of wounded ambition; quiet and submissive internal organs, busy as mills, but unnoticed; the heart alien, transcendent, future, posthumous—to summarise, they mean by the ascetic ideal the joyous asceticism of a deified and newly fledged animal, sweeping over life rather than resting. We know what are the three great catch-words of the ascetic ideal: poverty, humility, chastity; and now just look closely at the life of all the great fruitful inventive spirits—you will always find again and again these three qualities up to a certain extent. Not for a minute, as is self-evident, as though, perchance, they were part of their virtues—what has this type of man to do with virtues—but as the most essential and natural conditions of their best existence, their finest fruitfulness. In this connection it is quite possible that their predominant intellectualism had first to curb an unruly and irritable pride, or an insolent sensualism, or that it had all its work cut out to maintain its wish for the "desert" against perhaps an inclination to luxury and dilettantism, or similarly against an extravagant liberality of heart and hand. But their intellect did

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110 effect all this, simply because it was the dominant instinct, which carried through its orders in the case of all the other instincts. It effects it still: if it ceased to do so, it would simply not be dominant. But there is not one iota of "virtue" in all this. Further, the desert, of which I just spoke, in which the strong, independent, and well-equipped spirits retreat into their hermitage—oh, how different is it from the cultured classes' dream of a desert! In certain cases, in fact, the cultured classes themselves are the desert. And it is certain that all the actors of the intellect would not endure this desert for a minute. It is nothing like romantic and Syrian enough for them, nothing like enough of a stage desert! Here as well there are plenty of asses, but at this point the resemblance ceases. But a desert nowadays is something like this—perhaps a deliberate obscurity; a getting-out-of the way of one's self; a fear of noise, admiration, papers, influence; a little office, a daily task, something that hides rather than brings to light; sometimes associating with harmless, cheerful beasts and fowls, the sight of which refreshes; a mountain for company, but not a dead one, one with eyes (that is, with lakes); in certain cases even a room in a crowded hotel where one can reckon on not being recognised, and on being able to talk with impunity to every one: here is the desert—oh, it is lonely enough, believe me! I grant that when Heracleitus retreated to the courts and cloisters of the colossal temple of Artemis, that "wilderness" was worthier; why do we lack such temples? (perchance we do not lack them: I just think of my splendid study in the Piazza di San Marco, in spring, of course, and in the morning, between ten and twelve).

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 thereby, as may be necessary to pay the costs and expenses thereof:

4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States; but no law of Congress shall discharge any debt contracted before the passage of the same:

5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures:

6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States:

7. To establish postoffices and post routes; but the expenses of the Postoffice Department, after the first day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues:

8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries:

9. To constitute tribunals inferior to the Supreme Court:

10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations:

11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:

12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years:

13. To provide and maintain a navy:

14. To make rules for the government and regulation of the land and naval forces:

15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions:


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Rh But that which Heracleitus shunned is still just what we too avoid nowadays: the noise and democratic babble of the Ephesians, their politics, their news from the "empire" (I mean, of course, Persia), their market-trade in "the things of to-day"—for there is one thing from which we philosophers especially need a rest—from the things of "to-day." We honour the silent, the cold, the noble, the far, the past, everything, in fact, at the sight of which the soul is not bound to brace itself up and defend itself—something with which one can speak without speaking aloud. Just listen now to the tone a spirit has when it speaks; every spirit has its own tone and loves its own tone. That thing yonder, for instance, is bound to be an agitator, that is, a hollow head, a hollow mug: whatever may go into him, everything comes back from him dull and thick, heavy with the echo of the great void. That spirit yonder nearly always speaks hoarse: has he, perchance, thought himself hoarse? It may be so—ask the physiologists—but he who thinks in words, thinks as a speaker and not as a thinker (it shows that he does not think of objects or think objectively, but only of his relations with objects—that, in point of fact, he only thinks of himself and his audience). This third one speaks aggressively, he comes too near our body, his breath blows on us—we shut our mouth involuntarily, although he speaks to us through a book: the tone of his style supplies the reason—he has no time, he has small faith in himself, he finds expression now or never. But a spirit who is sure of himself speaks softly; he seeks secrecy, he lets himself be awaited. A philosopher is recognised by the fact that he shuns three brilliant and noisy things—

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112 fame, princes, and women: which is not to say that they do not come to him. He shuns every glaring light: therefore he shuns his time and its "daylight." Therein he is as a shadow; the deeper sinks the sun, the greater grows the shadow. As for his humility, he endures, as he endures darkness, a certain dependence and obscurity: further, he is afraid of the shock of lightning, he shudders at the insecurity of a tree which is too isolated and too exposed, on which every storm vents its temper, every temper its storm. His "maternal" instinct, his secret love for that which grows in him, guides him into states where he is relieved from the necessity of taking care of himself, in the same way in which the "mother" instinct in woman has thoroughly maintained up to the present woman's dependent position. After all, they demand little enough, do these philosophers, their favourite motto is, "He who possesses is possessed." All this is not, as I must say again and again, to be attributed to a virtue, to a meritorious wish for moderation and simplicity: but because their supreme lord so demands of them, demands wisely and inexorably; their lord who is eager only for one thing, for which alone he musters, and for which alone he hoards everything—time, strength, love, interest. This kind of man likes not to be disturbed by enmity, he likes not to be disturbed by friendship, it is a type which forgets or despises easily. It strikes him as bad form to play the martyr, "to suffer for truth"—he leaves all that to the ambitious and to the stage-heroes of the intellect, and to all those, in fact, who have time enough for such luxuries (they themselves, the philosophers, have something to do for truth). They make a sparing use of big words; they

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 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress:

17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the Government of the Confederate States; and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and

18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the Confederate States, or in any department or officer thereof.

1. The importation of negroes of the African race from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy.

3. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

4. No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.

5. No capitation or other direct tax shall be laid, unless


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 in proportion to the census or enumeration hereinbefore directed to be taken.

6. No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses.

7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

8. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

9. Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of Department, and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which it is hereby made the duty of Congress to establish.

10. All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered.

11. No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign State.

12. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the


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Rh are said to be adverse to the word "truth" itself: it has a "high falutin'" ring. Finally, as far as the chastity of philosophers is concerned, the fruitfulness of this type of mind is manifestly in another sphere than that of children; perchance in some other sphere, too, they have the survival of their name, their little immortality (philosophers in ancient India would express themselves with still greater boldness: "Of what use is posterity to him whose soul is the world?"). In this attitude there is not a trace of chastity, by reason of any ascetic scruple or hatred of the flesh, any more than it is chastity for an athlete or a jockey to abstain from women; it is rather the will of the dominant instinct, at any rate, during the period of their advanced philosophic pregnancy. Every artist knows the harm done by sexual intercourse on occasions of great mental strain and preparation; as far as the strongest artists and those with the surest instincts are concerned, this is not necessarily a case of experience—hard experience—but it is simply their "maternal" instinct which, in order to benefit the growing work, disposes recklessly (beyond all its normal stocks and supplies) of the vigour of its animal life; the greater power then absorbs the lesser. Let us now apply this interpretation to gauge correctly the case of Schopenhauer, which we have already mentioned: in his case, the sight of the beautiful acted manifestly like a resolving irritant on the chief power of his nature (the power of contemplation and of intense penetration); so that this strength exploded and became suddenly master of his consciousness. But this by no means excludes the possibility of that particular sweetness and fulness, which is peculiar to the aesthetic state,

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114 springing directly from the ingredient of sensuality (just as that "idealism" which is peculiar to girls at puberty originates in the same source)—it may be, consequently, that sensuality is not removed by the approach of the aesthetic state, as Schopenhauer believed, but merely becomes transfigured, and ceases to enter into the consciousness as sexual excitement. (I shall return once again to this point in connection with the more delicate problems of the physiology of the æesthetic, a subject which up to the present has been singularly untouched and unelucidated.)

9.

A certain asceticism, a grimly gay whole-hearted renunciation, is, as we have seen, one of the most favourable conditions for the highest intellectualism, and, consequently, for the most natural corollaries of such intellectualism: we shall therefore be proof against any surprise at the philosophers in particular always treating the ascetic ideal with a certain amount of predilection. A serious historical investigation shows the bond between the ascetic ideal and philosophy to be still much tighter and still much stronger. It may be said that it was only in the leading strings of this ideal that philosophy really learnt to make its first steps and baby paces—alas how clumsily, alas how crossly, alas how ready to tumble down and lie on its stomach was this shy little darling of a brat with its bandy legs! The early history of philosophy is like that of all good things;—for a long time they had not the courage to be themselves, they kept always

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User:Dragfyre/2004 Ordinance on Religion and Belief, Vietnam

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH 10 dated December 25, 2001 by the 10th National Assembly during its 10th session; Pursuant to Resolution No. 21/2003/QH11 dated November 26, 2003 on its legislative work plan for the year 2004 by the 11th National Assembly during its 4th session; This Ordinance governs the activities of religious belief and religious organizations.

Article 1
Citizens have the right to freedom of religious belief and of having a religion, and freedom of non-belief and not having a religion. The State guarantees freedom of religious belief and of religion for its citizens. Nobody is permitted to violate these freedoms. All religions are equal before the law. Citizens who have religious beliefs and a religion and those who are non-believers and do not have a religion must respect each other.

Article 2
Religious dignitaries and those having a religious vocation, and citizens with religious belief and a religion enjoy all citizens' rights and have the responsibility to discharge all citizens' obligations. Religious dignitaries and those of religious vocation have the responsibility to regularly educate believers about patriotism, about the rights and obligations of citizens, and about obedience to the law.

Article 3
For the purpose of this ordinance, terms are defined as follows: 1. Activities which arise from religious beliefs express themselves as ancestor worship; memorializing and honoring those who have rendered great services to the country and the community; the worship of divinities and traditional symbols as well as other folk beliefs and activities that represent fine, valuable historical, cultural, moral and social values. 2. A place of worship is the place where the community�s religious belief activities take place, and include communal houses, temples, shrines, small pagodas, family worshipping halls, and other similar establishments. 3. A religious organization is an assembly of believers of the same tenets, cannons, rites, and has a clear organizational structure recognized by the State. 4. A local religious organization is the local unit of a religious organization including the management boards of Buddhist temples, Catholic parishes, local Protestant congregations, Cao Dai parishes, Hoa Hao management boards of the commune, precinct, and township level, and local units of other religious organizations. 5. Religious activities are the preaching and practicing of religious tenets, cannons, and rites, and the management of religious organizations. 6. A religious congregation is the assembly of believers that is set up by a religious organization for the sake of carrying out religious activities. 7. A religious establishment is a place of religious worship, a place where those of religious vocation lead a religious life, a place to train religious dignitaries and those of religious vocation, the office of a religious organization, and other establishments affiliated with religions recognized by the State. 8. A believer is a person who believes in a religion and is acknowledged as a believer by that religion. 9. A person of religious vocation is a believer who regularly and voluntarily practices his/her lifestyle according to the tenets and cannons prescribed by the religion that he/she believes in. 10. A religious dignitary is a believer who holds a position and title in a religious organization.

Article 4
Pagodas, houses of worship, Cao Dai temples, churches, communal houses, temples, shrines, offices of religious organizations, and the training establishments of religious organizations, and other legal religious organizations, and instruments of liturgy and worship are protected by law.

Article 5
The State guarantees the right of religious belief and religious practice according to the provisions of the law; respects religious cultural and ethical values; preserves and promotes the positive values of the tradition of ancestor worship and of honoring those people have rendered great service to the country and community - which all contribute to further consolidate the great national unity bloc and meet the common spiritual needs of the people.

Article 6
Relations between the Socialist Republic of Vietnam and other countries and international organizations concerning religious issues, must be based on the principles of respecting each other�s independence, sovereignty, and non-interference into each other's internal affairs, as well as equality and mutual benefit, and be in conformity with each other's law as well as international law and practices.

Article 7
1. The Vietnam Fatherland Front and its member organizations, within the scope of their duties and authority, have the responsibility to: a. Gather followers of religious belief and religions organizations and non-believers to build national unity, and to build and defend the Fatherland. b. Promptly report the peoples� comments, expectations, and petitions on religious belief and religion-related issues to the competent State agencies. c. Take part in the dissemination of information to encourage religious dignitaries, those of religious vocation, believers, and religious organizations and common people to execute the State ordinance on religious belief and religious organizations. d. Take part in the process of development and monitoring with respect to the execution of State policies and ordinance on religious belief and religious organizations. 2. State agencies, within the scope of their duties and authority, are to take the initiative in cooperating with the Vietnam Fatherland Front and its member organizations in disseminating information about, and encouraging the implementation of, the State's policies and laws on religious belief and religious organizations.

Article 8
1. Discrimination on the grounds of religious belief and religious organization that violates a citizen's freedom of religious belief and religious organizations is not allowed. 2. It is forbidden to abuse the right to freedom of religious belief and religion to undermine peace, independence and national unity; to incite violence or to wage war; to disseminate information against the State's prevailing laws and policies; to sow division among the people, ethnic groups, and religions; to cause public disorder; to do harm to other people's lives, health, dignity, honor, and property; to hinder people from exercising their rights and public obligations; to spread superstitious practices and to commit any other acts which breach the law.

Article 9
1. People with religious belief and adherents of a religion are free to express their faith, conduct rites of worship and prayer, and to take part in and provide service for religious festivities, and to study religious teachings. 2. People with religious belief and adherents of a religion have the responsibility to respect each other�s freedom of religious belief and religion and the freedom of non-belief and not to have a religion. The implementation of the right to freedom of religious belief and religion must not hinder the discharge of a citizen's rights and obligations; religious belief activities and religious organization�s activities must be according to law.

Article 10
People who take part in religious belief and religion activities must obey regulations set by the places of religious belief and religious organization, and also obey other regulations agreed upon by the community.

Article 11
1. Religious dignitaries and people of religious vocation are allowed to carry out their religious functions and roles within the limits of their responsibilities, and to preach at religious establishments. 2. Religious activities beyond those mentioned in clause 1 of this Article, require the consent of the People's Committee at the district or city level (hereinafter referred to as People's Committee at the district level) where the activities take place.

Article 12
1. A person in charge of a local religious organization has the responsibility to annually register the religious activities which will take place at that religious establishment with the People's Committee at the commune, precinct, and city level (hereinafter is referred to as the People's Committee at the commune level); activities beyond those which have been registered shall require the consent of competent State agencies. 2. The authority to approve the organization of a religious festival is regulated by the Government.

Article 13
1. Persons who are serving prison terms or who are under administrative probation are not allowed to preside over religious rituals, to preach religion, to manage religious organizations, and to preside over religious belief festivities. 2. The restoration of the religious role and functions of individuals who have completed the term of the sanctions in clause 1 above, must be proposed by the religious organization that has responsibility to manage that individual, and agreed upon by the competent State management agency, and only then can the individual preside over religious ceremonies, preach the religion or participate in religious management activities.

Article 14
Religious belief and religion activities must ensure public safety, be economical, be in keeping with national traditions and cultural identity, and protect the environment.

Article 15
Religious belief and religion activities will be suspended under any one of the following circumstances: 1. They violate national security or seriously and negatively affect public order or the environment. 2. They negatively affect the unity of the people or the nation's fine cultural traditions. 3. They do harm to other people�s lives, health, dignity, honor, and property. 4. They cause other serious illegal activities.

Article 16
1. An organization shall be recognized as a religious organization if it meets all of the following conditions: a. It is an organization of people with the same belief, who follow religious tenets and rites that do not go against the nation's fine traditions and customs, and the common benefit of the people. b. It has a charter and regulations outlining principles, objectives and activities favoring attachment to the nation and not contrary to the provisions of the law. c. It registers its activities and maintains long-term, stable operations. d. It has an office, an organization and legal representatives. e. It has a name that is not identical to name of another religious organization already recognized by the competent State management agency. 2. The level of authorization required regarding recognition of religious organizations. a. The Prime Minister must recognize religious organizations with activities covering multiple provinces or centrally run cities. b. The Chairman of city or provincial People's Committees must recognize religious organizations with activities primarily centered in a single province or a centrally run city. 3. The registration of religious activities is stipulated in clause 1, point c of this Article; the Government shall provide instructions concerning the religious activities of registered religious organizations and on the procedures for the recognition of religious organizations.

Article 17
1. Religious organizations are entitled to be established, to divide or split, or merge their subordinate organizations in accordance with the organizations' charters and regulations. 2. The establishment, division and merger of religious organizations must be approved upon by the People's Committees at the provincial or centrally governed city level (hereinafter is referred to the People's Committee at the provincial level.) 3. The establishment, division or merger of religious organizations that do not fall into the stipulations of clause 2 of this Article must be approved by the Prime Minister.

Article 18
1. Conferences and congresses of local religious organizations shall take place after getting the approval of the People's Committee of the district where the event takes place. 2. Conferences and congresses of religious organizations at the national level shall take place after getting the approval from the competent central State management agency. 3. Conferences and congresses of religious organizations not included in clauses 1 & 2 of this Article shall take place after getting the approval from the People's Committee of the province where the event takes place.

Article 19
1. Religious congregations are allowed to operate after the religious organization has registered them with the competent State agency. 2. The registration of a religious congregation is prescribed as follows: a. A religious congregation with activities covering one precinct, district, town, or provincially run city shall be registered with the People's Committee of the district where the congregation operates. b. Religious congregations with activities covering several precincts, districts, towns, provincially and centrally run cities shall be registered with the People's Committees of the provinces where the congregations operate. c. Religious congregations with activities covering several provinces and centrally run cities shall be registered with the States religious management agency at central level.

Article 20
Religious orders or similar forms of collective religious practice shall be allowed to operate after being registered with the competent State agency. The registration of operations of religious orders or similar forms of collective religious practice must follow the stipulations prescribed in clause 2 of Article 19 of this ordinance.

Article 21
1. Persons who choose a religious vocation at places of religious worship must do so on a voluntary basis; no coercion or prevention is allowed. Underage individuals who choose a religious vocation must obtain approval from parents or guardians. 2. Upon admission of people into religious establishments in order for them to live a religious vocation, persons in charge of the establishment have the responsibility to register such admittance with the People's Committee of the commune where the religious establishment is located.

Article 22
1. The bestowal of religious titles and the appointment, nomination and election of religious dignitaries and people of religious vocation shall be conducted according to charters and regulations of the religious organizations and must meet conditions mentioned at clause 2 of this Article. In cases where a foreign connection is involved, agreement in advance must be obtained from the central State religious management agency. 2. Persons who receive ordination, nomination or election or other appointments or promotions to religious offices must meet the following conditions in order to be able to be recognized by the State. a. Be a Vietnamese citizen with good moral conduct. b. Possess the spirit of national unity and national harmony. c. Scrupulously observe the law. 3. The dismissal of religious dignitaries shall be according to the charters and regulations of the respective religious organizations. 4. Religious organizations have the responsibility to register the appointment, election, and nomination of religious dignitaries and those of religious vocation with the competent State management agency as well as to notify the competent State management agency of the dismissal of religious dignitaries.

Article 23
The transfer of religious dignitaries and those of religious vocation shall be reported to the People's Committee of the district from which the religious dignitaries and those of religious vocation are transferred, and registered with the People's Committee of the district to which the religious dignitaries and those of religious vocation are transferred. The transfer of religious dignitaries and people of religious vocation who have been administratively punished by decisions of the Chairman of the Provincial People's Committee, or those who have been dealt with for their violations of the Criminal Code, must also be approved by the People's Committee of the province to which the religious dignitaries and those of religious vocation are transferred, according to Government regulations.

Article 24
1. Religious organizations are allowed to open schools and to open classes to supplement the training of religious dignitaries and those of religious vocation. 2. The opening of schools and classes to train religious dignitaries and those of religious vocation must be approved by the Prime Minister. Enrolment must be conducted in a transparent manner; candidates must apply to become students on a voluntary basis and voluntarily abide by the school's approved regulations. The subjects of Vietnamese history and laws are required as major subjects in the curriculum to train religious specialists. 3. The opening of classes to train religious dignitaries and those of religious vocation must be approved by the Chairman of the People's Committee of the province where the class is held. 4. The Government shall issue instructions on procedures for the opening and dissolving of schools to train religious dignitaries and those of religious vocation and on the opening of classes to train religious dignitaries and those of religious vocation.

Article 25
Religious rituals and festivities taking place beyond the enclosure of the places of worship shall observe the following regulations: 1. Ritual festivities with participation of believers from a single district, precinct, town, and city must be approved by the People's Committee of the district where the festivity takes place. 2. Ritual festivities with participation of believers from several districts, precincts, towns, and cities within one province, or from several provinces or centrally run cities must be approved by the People�s Committee of the province where the festivity takes place.

Article 26
The legal property of places of religious belief and of religious organizations is protected by law; any violation of this right is forbidden.

Article 27
1. Land with facilities being used by religious organizations including land belonging to pagodas, churches, oratories, chancels, monasteries, schools to train religious dignitaries and those of religious vocation, offices of religious organizations, and other facilities belonging to recognized religious organizations, shall be used in a stable and long-term basis. 2. Land on which there are communal houses, temples, shrines, worshipping halls, family worshipping halls, shall be used in a stable and long-term basis. 3. The use of land and management prescribed in clauses 1 and 2 of this Article shall be conducted according to State law concerning land.

Article 28
1. Establishments of religious belief and of religious organizations are entitled to raise their own financial resources from the voluntary support of individuals and organizations at home and abroad according to law. 2. The organization of fundraising by religious organizations must be conducted in a transparent manner, with clear information about the intended use. The People�s Committee of the location where the collection takes place must be notified in advance. 3. The abuse of fundraising for personal gain or for illegal objectives is forbidden

Article 29
Normal religious practice at the religious worship sites that are classified as historic or cultural relics or places of special scenic beauty must be assured, just as at other places of worship. The management, use, renovation, upgrading of structures belonging to places of religious belief and religious organizations classified as historic or cultural relics and special places of scenic beauty shall be according to State laws on cultural heritage and related laws.

Article 30
The renovation, upgrading, and new construction of facilities belonging to places of religious belief and religious organizations shall be conducted according to State laws on construction. Changes in intended uses of places of religious belief must be approved by the People's Committee at the district level; changes in the intended use of places of religious worship belonging to religious organizations must be approved by the People's Committee at the provincial level.

Article 31
The (forced) relocation of the places of religious belief and religious worship due to the requirements of economic development projects must be discussed in advance with the representatives of the places of religious belief and religious organizations, and compensation must be made as prescribed by law.

Article 32
The printing and publication and distribution of all kinds of holy texts and books and other religious belief and religious organization publications, the production business and import-export activities in religious belief and religious organization articles and other products used in religious practice shall be carried out according to law.

Article 33
1. The State encourages and creates the favorable conditions for religious organizations to participate in taking care of underprivileged children; in providing support to the establishments for the poor, sick and disabled people, HIV/AIDS and leprosy patients, and patients with mental disorders; in supporting the development of kindergartens and participating in other charitable and humanitarian activities in keeping with charters and regulations of religious organizations, according to law. 2. Religious dignitaries and those of religious vocation are encouraged by the State, as citizens of Vietnam, to organize educational, health, humanitarian and charitable activities as prescribed by law.

Article 34
Religious organizations, believers, people of religious vocation and religious dignitaries are entitled to carry out international activities according to their charters and regulations or canons which are in keeping with Vietnamese law. While carrying out international activities, religious organizations, believers, people of religious vocation and religious dignitaries must treat each other fairly, exercise mutual respect, respect independence, sovereignty and non-interference internal affairs of their respective countries.

Article 35
The following international religious activities must be approved by the State religion management agency at the central level: 1. Inviting foreign religious organizations and foreign individuals into Vietnam or implementing the policies of foreign religious organizations in Vietnam; 2. Participating in religious activities or delegating individuals to take part in religious training courses in foreign countries.

Article 36
Foreign dignitaries and foreign people of religious vocation are allowed to preach at Vietnamese religious establishments after getting approval from the State religious management agency at the central level. Preaching by foreign dignitaries and foreigners with a religious vocation must follow regulations set by the inviting Vietnamese religious organizations and must be according to Vietnamese law.

Article 37
Foreigners entering Vietnam must obey Vietnamese law; they are allowed to bring along religious printed materials and other products for religious practice for personal use as prescribed by the Vietnamese law; they are allowed to take part in religious activities at places of worship; they are allowed to invite Vietnamese religious dignitaries to conduct religious rituals for themselves while respecting regulations set by Vietnamese religious organizations.

Article 38
In the case that international treaties that the Socialist Republic of Vietnam is a signatory to, or is a participant in, have different stipulations than those in this ordinance, the regulations prescribed by the international treaties shall prevail.

Article 39
1. Religious organizations that have been recognized by the competent State agency before this ordinance takes effect will not have to re-apply for recognition. 2. Religious congregations, orders and other forms of collective religious practice which have had their operations registered and approved before this ordinance takes effect will not have to go through the re-registration procedures.

Article 40
This ordinance takes effect from November 15, 2004.

Article 41
The Government shall decide the details of and guide the implementation of this ordinance. Hanoi, 18th June 2004 For the Standing Committee of the National Assembly Chairman (Signed, stamped) Nguyen Van An


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Rh round to see if no one would come to their help; further, they were afraid of all who looked at them. Just enumerate in order the particular tendencies and virtues of the philosopher—his tendency to doubt, his tendency to deny, his tendency to wait (to be "ephectic"), his tendency to analyse, search, explore, dare, his tendency to compare and to equalise, his will to be neutral and objective, his will for everything which is "sine ira et studio": has it yet been realised that for quite a lengthy period these tendencies went counter to the first claims of morality and conscience? (To say nothing at all of Reason, which even Luther chose to call Frau Klüglin the sly whore.) Has it been yet appreciated that a philosopher, in the event of his arriving at self-consciousness, must needs feel himself an incarnate "nitimur in vetitum," —and consequently guard himself against "his own sensations," against self-consciousness? It is, I repeat, just the same with all good things, on which we now pride ourselves; even judged by the standard of the ancient Greeks, our whole modern life, in so far as it is not weakness, but power and the consciousness of power, appears pure "Hybris" and godlessness: for the things which are the very reverse of those which we honour to-day, have had for a long time conscience on their side, and God as their guardian. "Hybris" is our whole attitude to nature nowadays, our violation of nature with the help of machinery, and all the unscrupulous ingenuity of our scientists and engineers. "Hybris" is our attitude to God, that is, to some alleged teleological and ethical spider behind the meshes of the great trap of the causal web. Like

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title: User:Eliyak/Authors


text: Talk:Consolidated version of the Treaty on European Union


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Page:The Genealogy of Morals.djvu/140

116 Charles the Bold in his war with Louis the Eleventh, we may say, "je combats l'universelle araignée"; "Hybris" is our attitude to ourselves—for we experiment with ourselves in a way that we would not allow with any animal, and with pleasure and curiosity open our soul in our living body: what matters now to us the "salvation" of the soul? We heal ourselves afterwards: being ill is instructive, we doubt it not, even more instructive than being well—inoculators of disease seem to us to-day even more necessary than any medicine-men and "saviours." There is no doubt we do violence to ourselves nowadays, we crackers of the soul's kernel, we incarnate riddles, who are ever asking riddles, as though life were naught else than the cracking of a nut; and even thereby must we necessarily become day by day more and more worthy to be asked questions and worthy to ask them, even thereby do we perchance also become worthier to—live?

. . . All good things were once bad things; from every original sin has grown an original virtue. Marriage, for example, seemed for a long time a sin against the rights of the community; a man formerly paid a fine for the insolence of claiming one woman to himself (to this phase belongs, for instance, the jus primae noctis to-day still in Cambodia the privilege of the priest, that guardian of the "good old customs").

The soft, benevolent, yielding, sympathetic feelings—eventually valued so highly that they almost became "intrinsic values," were for a very long time actually despised by their possessors: gentleness was then a subject for shame, just as hardness is now (compare Beyond Good and Evil, Aph. 260). The submission to law: oh,

title: Page:The Genealogy of Morals.djvu/140


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Page:Constitution of the Confederate States of America.djvu/12

 press; or the right of the people peaceably to assemble and petition the government for a redress of grievances.

13. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

15. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be


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Rh with what qualms of conscience was it that the noble races throughout the world renounced the vendetta and gave the law power over themselves! Law was long a vetitum, a blasphemy, an innovation; it was introduced with force like a force, to which men only submitted with a sense of personal shame. Every tiny step forward in the world was formerly made at the cost of mental and physical torture. Nowadays the whole of this point of view—"that not only stepping forward, nay, stepping at all, movement, change, all needed their countless martyrs," rings in our ears quite strangely. I have put it forward in the Dawn of Day, Aph. 18. "Nothing is purchased more dearly," says the same book a little later, "than the modicum of human reason and freedom which is now our pride. But that pride is the reason why it is now almost impossible for us to feel in sympathy with those immense periods of the 'Morality of Custom,' which lie at the beginning of the 'world's history,' constituting as they do the real decisive historical principle which has fixed the character of humanity; those periods, I repeat, when throughout the world suffering passed for virtue, cruelty for virtue, deceit for virtue, revenge for virtue, repudiation of the reason for virtue; and when, conversely, well-being passed current for danger, the desire for knowledge for danger, pity for danger, peace for danger, being pitied for shame, work for shame, madness for divinity, and change for immorality and incarnate corruption!"

10.

There is in the same book, Aph. 12, an explanation

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118 of the burden of unpopularity under which the earliest race of contemplative men had to live—despised almost as widely as they were first feared! Contemplation first appeared on earth in a disguised shape, in an ambiguous form, with an evil heart and often with an uneasy head: there is no doubt about it. The inactive, brooding, unwarlike element in the instincts of contemplative men long invested them with a cloud of suspicion: the only way to combat this was to excite a definite fear. And the old Brahmans, for example, knew to a nicety how to do this! The oldest philosophers were well versed in giving to their very existence and appearance, meaning, firmness, background, by reason whereof men learnt to fear them; considered more precisely, they did this from an even more fundamental need, the need of inspiring in themselves fear and self-reverence. For they found even in their own souls all the valuations turned against themselves; they had to fight down every kind of suspicion and antagonism against "the philosophic element in themselves." Being men of a terrible age, they did this with terrible means: cruelty to themselves, ingenious self-mortification—this was the chief method of these ambitious hermits and intellectual revolutionaries, who were obliged to force down the gods and the traditions of their own soul, so as to enable themselves to believe in their own revolution. I remember the famous story of the King Vicvamitra, who, as the result of a thousand years of self-martyrdom, reached such a consciousness of power and such a confidence in himself that he undertook to build a new heaven: the sinister symbol of the oldest and newest history of philosophy in the whole world.

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Page:Constitution of the Confederate States of America.djvu/13

 otherwise re-examined in any court of the Confederacy, than according to the rules of common law.

19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

20. Every law or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.

1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Confederate States; and all such laws shall be subject to the revision and control of Congress.

3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any state keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.


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Rh Every one who has ever built anywhere a "new heaven" first found the power thereto in his own hell. . . . Let us compress the facts into a short formula. The philosophic spirit had, in order to be possible to any extent at all, to masquerade and disguise itself as one of the previously fixed types of the contemplative man, to disguise itself as priest, wizard, soothsayer, as a religious man generally: the ascetic ideal has for a long time served the philosopher as a superficial form, as a condition which enabled him to exist. . . . To be able to be a philosopher he had to exemplify the ideal; to exemplify it, he was bound to believe in it. The peculiarly etherealised abstraction of philosophers, with their negation of the world, their enmity to life, their disbelief in the senses, which has been maintained up to the most recent time, and has almost thereby come to be accepted as the ideal philosophic attitude—this abstraction is the result of those enforced conditions under which philosophy came into existence, and continued to exist; inasmuch as for quite a very long time philosophy would have been absolutely impossible in the world without an ascetic cloak and dress, without an ascetic self-misunderstanding. Expressed plainly and palpably, the ascetic priest has taken the repulsive and sinister form of the caterpillar, beneath which and behind which alone philosophy could live and slink about. . ..

Has all that really changed? Has that flamboyant and dangerous winged creature, that "spirit" which that caterpillar concealed within itself, has it, I say, thanks to a sunnier, warmer, lighter world, really and finally flung off its hood and escaped into the light? Can we to-day point to enough pride, enough daring, enough courage,

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1. The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible. The President and Vice President shall be elected as follows:

2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the Confederate States, shall be appointed an elector.

3. The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the Confederate States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a


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120 enough self-confidence, enough mental will, enough will for responsibility, enough freedom of the will, to enable the philosopher to be now in the world really—possible?

11.

And now, after we have caught sight of the ascetic priest, let us tackle our problem. What is the meaning of the ascetic ideal? It now first becomes serious—vitally serious. We are now confronted with the real representatives of the serious. "What is the meaning of all seriousness?" This even more radical question is perchance already on the tip of our tongue: a question, fairly, for physiologists, but which we for the time being skip. In that ideal the ascetic priest finds not only his faith, but also his will, his power, his interest. His right to existence stands and falls with that ideal. What wonder that we here run up against a terrible opponent (on the supposition, of course, that we are the opponents of that ideal), an opponent fighting for his life against those who repudiate that ideal! ... On the other hand, it is from the outset improbable that such a biased attitude towards our problem will do him any particular good; the ascetic priest himself will scarcely prove the happiest champion of his own ideal (on the same principle on which a woman usually fails when she wishes to champion "woman")—let alone proving the most objective critic and judge of the controversy now raised. We shall therefore—so much is already obvious—rather have actually to help him to defend himself properly against ourselves, than we shall have to fear being too well beaten by him.

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Rh The idea, which is the subject of this dispute, is the value of our life from the standpoint of the ascetic priests: this life, then (together with the whole of which it is a part, "Nature," "the world," the whole sphere of becoming and passing away), is placed by them in relation to an existence of quite another character, which it excludes and to which it is opposed, unless it deny its own self: in this case, the case of an ascetic life, life is taken as a bridge to another existence. The ascetic treats life as a maze, in which one must walk backwards till one comes to the place where it starts; or he treats it as an error which one may, nay must, refute by action: for he demands that he should be followed; he enforces, where he can, his valuation of existence. What does this mean? Such a monstrous valuation is not an exceptional case, or a curiosity recorded in human history: it is one of the most general and persistent facts that there are. The reading from the vantage of a distant star of the capital letters of our earthly life, would perchance lead to the conclusion that the earth was the especially ascetic planet, a den of discontented, arrogant, and repulsive creatures, who never got rid of a deep disgust of themselves, of the world, of all life, and did themselves as much hurt as possible out of pleasure in hurting—presumably their one and only pleasure. Let us consider how regularly, how universally, how practically at every single period the ascetic priest puts in his appearance: he belongs to no particular race; he thrives everywhere; he grows out of all classes. Not that he perhaps bred this valuation by heredity and propagated it—the contrary is the case. It must be a necessity of the first order which makes

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122 this species, hostile, as it is, to life, always grow again and always thrive again.—Life itself must certainly have an interest in the continuance of such a type of self-contradiction. For an ascetic life is a self-contradiction: here rules resentment without parallel, the resentment of an insatiate instinct and ambition, that would be master, not over some element in life, but over life itself, over life's deepest, strongest, innermost conditions; here is an attempt made to utilise power to dam the sources of power; here does the green eye of jealousy turn even against physiological well-being, especially against the expression of such well-being, beauty, joy, while a sense of pleasure is experienced and sought in abortion, in decay, in pain, in misfortune, in ugliness, in voluntary punishment, in the exercising, flagellation, and sacrifice of the self. All this is in the highest degree paradoxical: we are here confronted with a rift that wills itself to be a rift, which enjoys itself in this very suffering, and even becomes more and more certain of itself, more and more triumphant, in proportion as its own presupposition, physiological vitality, decreases. "The triumph just in the supreme agony": under this extravagant emblem did the ascetic ideal fight from of old; in this mystery of seduction, in this picture of rapture and torture, it recognised its brightest light, its salvation, its final victory. Crux, nux, lux—it has all these three in one.

12.

Granted that such an incarnate will for contradiction and unnaturalness is induced to philosophise; on what

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Rh will it vent its pet caprice? On that which has been felt with the greatest certainty to be true, to be real; it will look for error in those very places where the life instinct fixes truth with the greatest positiveness. It will, for instance, after the example of the ascetics of the Vedanta Philosophy, reduce matter to an illusion, and similarly treat pain, multiplicity, the whole logical contrast of "Subject" and "Object"—errors, nothing but errors! To renounce the belief in one's own ego, to deny to one's self one's own "reality"—what a triumph! and here already we have a much higher kind of triumph, which is not merely a triumph over the senses, over the palpable, but an infliction of violence and cruelty on reason; and this ecstasy culminates in the ascetic self-contempt, the ascetic scorn of one's own reason making this decree: there is a domain of truth and of life, but reason is specially excluded therefrom. . . . By the bye, even in the Kantian idea of "the intelligible character of things" there remains a trace of that schism, so dear to the heart of the ascetic, that schism which likes to turn reason against reason; in fact, "intelligible character" means in Kant a kind of quality in things of which the intellect comprehends so much, that for it, the intellect, it is absolutely incomprehensible. After all, let us, in our character of knowers, not be ungrateful towards such determined reversals of the ordinary perspectives and values, with which the mind had for too long raged against itself with an apparently futile sacrilege! In the same way the very seeing of another vista, the very wishing to see another vista, is no little training and preparation of the intellect for its eternal "Objectivity"—objectivity being

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Page:Constitution of the Confederate States of America.djvu/15

 member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in case of the death, or other constitutional disability of the President.

4. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

5. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the Confederate States.

6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confederate States.

7. No person except a natural-born citizen of the Confederate States, or a citizen thereof, at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.

8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of said office, the same shall devolve on the Vice-President; and the Congress may, by law, provide for the case of removal, death, resignation,


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124 not as "contemplation without interest" (for that is inconceivable and nonsensical), but as the ability to have the pros and cons in one's power and to switch them on and off, so as to get to know how to utilise, for the advancement of knowledge, the difference in the perspective and in the emotional interpretations. But let us, forsooth, my philosophic colleagues, henceforward guard ourselves more carefully against this mythology of dangerous ancient ideas, which has set up a "pure, will-less, painless, timeless subject of knowledge"; let us guard ourselves from the tentacles of such contradictory ideas as "pure reason," "absolute spirituality," "knowledge-in-itself":—in these theories an eye that cannot be thought of is required to think, an eye which ex hypothesi has no direction at all, an eye in which the active and interpreting functions are cramped, are absent; those functions, I say, by means of which "abstract" seeing first became seeing something; in these theories consequently the absurd and the nonsensical is always demanded of the eye. There is only a seeing from a perspective, only a "knowing" from a perspective, and the more emotions we express over a thing, the more eyes, different eyes, we train on the same thing, the more complete will be our "idea" of that thing, our "objectivity." But the elimination of the will altogether, the switching off of the emotions all and sundry, granted that we could do so, what! would not that be called intellectual castration?

13.

But let us turn back. Such a self-contradiction, as

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 or inability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected.

9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them.

10. Before he enters on the execution of his office, he shall take the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will to the best of my ability, preserve, protect, and defend the constitution thereof."

1. The President shall be commander-in-chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, Judges of the Supreme Court, and all other officers of the Confederate States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law or in the heads of Departments.

3. The principal officer in each of the Executive Departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other