the american republic-第45章
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trol of Congress。 No State shall； with… 268 out the consent of Congress； lay any duty of tonnage； 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。〃
The powers denied to the States in some matters which are rather private and particular； such as bills of attainder； ex post facto laws； laws impairing the obligation of contracts； granting titles of nobility； are denied equally to the General government。 There is evidently a profound logic in the constitution； and there is not a single provision in it that is arbitrary； or anomalous； or that does not harmonize dialectically with the whole； and with the real constitution of the American people。 At first sight the reservation to the State of the appointment of the officers of the militia might seem an anomaly； but as the whole subject of internal police belongs to the State； it should have some military force at its command。 The subject of bankruptcies； also； might seem to be more properly within the province of the State； and so it would be if commerce between the several States had not been placed under Congress； or if trade were confined to the citizens 269 of the State and within its boundaries； but as such is not the case； it was necessary to place it under the General government； in order that laws on the subject might be uniform throughout the Union； and that the citizens of all the States； and foreigners trading with them； should be placed on an equal footing； and have the same remedies。 The subject follows naturally in the train of commerce； for bankruptcies； as understood at the time； were confined to the mercantile class； bankers； and brokers； and since the regulation of commerce； foreign and inter…state； was to be placed under the sole charge of the General government； it was necessary that bankruptcy should be included。 The subject of patents is placed under the General government； though the patent is a private right； because it was the will of the convention that the patent should be good in all the States； as affording more encouragement to science and the useful arts than if good only within a single State； or if the power were left to each State to recognize or not patents granted by another。 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 270 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 Gen… 271 eral 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 the present and future； the model republicas much so as was Rome in her day； and it is not simply national pride nor American self…conceit that pronounces its establishment the beginning of a new and more advanced order of civilization； such is really the fact。
The only apparently weak point in the sys… 272 tem is in the particular States themselves。 Feudalism protected the feudal aristocracy effectively for a time against both the king and the people； but left the king and the； people without protection against the aristocracy； and hence it fell。 It was not adequate to the wants of civil society； did not harmonize all social elements； and protect all social and individual rights and interests； and therefore could not but fail。 The General government takes care of public authority and rights； the State protects private rights and personal freedom as against the General government： but what protects the citizens in their private rights； their personal freedom and independence； against the particular State government？ Universal suffrage； answers the democrat。 Armed with the ballot； more powerful than the sword； each citizen is able to protect himself。 But this is theory； not reality。 If it were true； the division of the powers of government between two co…ordinate； governments would be of no practical importance。 Experience does not sustain the theory； and the power of the ballot to protect the individual may be rendered ineffective by the tyranny of party。 Experience proves that the ballot is far less effective in securing the freedom and independence of the individual citizen than is 273 commonly pretended。 The ballot of an isolated individual counts for nothing。 The individual； though armed with the ballot； is as powerless； if he stands alone； as if he had it not。 To render it of any avail he must associate himself with a party； and look for his success in the success of his party； and to secure the success of his party； he must give up to it his own private convictions and free will。 In practice； individuals are nothing individually； and parties are every thing。 Even the suppression of the late rebellion； and the support of the Administration in doing it； was made a party question； and the government found the leaders of the party opposed to the Republican party an obstacle hardly less difficult to surmount than the chiefs of the armies of the so…called Confederate States。
Parties are formed； one hardly knows how； and controlled； no one knows by whom； but usually by demagogues； men who have some private or personal purposes； for which they wish； through party to use the government。 Parties have no conscience； no responsibility； and their very reason of being is； the usurpation and concentration of power。 The real practical tendency of universal suffrage is to democratic； instead of an imperial； centralism。 274 What is to guard against this centralism？ Not universal suffrage； for that tends to create it；； and if the government is left to it； the government becomes practically the will of an ever shifting and irresponsible majority。 Is the remedy in written or paper constitutions？ Party can break thr
