ther. The right
created, though private in its nature, is Yet general or common to all
the States in its enjoyment or exercise.
The division of the powers of government between a General government
and particular governments, rendered possible and practicable by the
original constitution of the people themselves, as one people existing
and acting through State organizations, is the American method of
guarding against the undue centralism to which Roman imperialism
inevitably tends; and it is far simpler and more effective than any of
the European systems of mixed governments, which seek their end by
organizing an antagonism of interests or classes. The American method
demands no such antagonism, no neutralizing of one social force by
another, but avails itself of all the forces of society, organizes them
dialectically, not antagonistically, and thus protects with, equal
efficiency both public authority and private rights. The General
government can never oppress the people as individuals, or abridge
their private rights or personal freedom and independence, because
these are not within its jurisdiction, but are placed in charge, within
each State, of the State government, which, within its sphere, governs
as supremely as the General government: the State governments cannot
weaken the public authority of the nation or oppress the people in
their general rights and interests, for these are withdrawn from State
jurisdiction, and placed under charge of a General government, which,
in its sphere, governs as supremely as the State government. There is
no resort to a system of checks and balances; there is no restraint on
power, and no systematic distrust of power, but simply a division of
powers between two co-ordinate governments, distinct but inseparable,
moving in distinct spheres, but in the same direction, or to a common
end. The system is no invention of man, is no creation of the
convention, but is given us by Providence in the living constitution of
the American people. The merit of the statesmen of 1787 is that they
did not destroy or deface the work of Providence, but accepted it, and
organized the government in harmony with the real orders the real
elements given them. They suffered themselves in all their positive
substantial work to be governed by reality, not by theories and
speculations. In this they proved themselves statesmen, and their work
survives; and the republic, laugh as sciolists may, is, for
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