Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-09-12
POLITICAL. ESSAYS
On the essential and distinctive qualities Of
Demotracies and Reptiles. with reft.--
ence TO the Coasutution Of the United
Suites.
FROM THE BALTIMORE REPUBLICAN, OR
ANTI.DEMoCRAT.
ESSAY XII.


We are to examine, II. What is meant
BY the Supreme, Or Sovereign p01ver Of Me
state, and zvhere it resides.
According to the political tenets of Mr..
Duane, the supreme or sovereign power OF
the state is lodged in the whole beoble. To
prove this position ne relies, on the pre-
ambIe to the constitution of the United
States, which declares that instramnnt to
be ordained and established By the be2ble /;
and on two quotations, one from speech
of Judge Wilson ia the Pennsylvania con-
vention, the o:her from the charge ofiudge
Patterson to the jury, in the case OF Van
horne Lessee against Dorance, delivered
at the circuit court of the United States,
held at Trenton, April term, 1885.
We shall receive these quotations as e.
| violence in the case, and admit, also, that
the power to dissolve asd establish their
constitutions is in the people.
In the first place we would observe, that
there is clear and manifest distinction be-
tween the supreme or sovereign power Of
the state, and the supreme or sovereign
power which resides in the people.
That both these powers exist, under the
constitution of the United States, we adj
| nit; but We deny, that they can act at the
same time, or in the same way, or on the
same subject. The object, and, and pur-
poses, are distinct, precise, and opposite.
To the one itbelongs, to exercise the pow.
ers aud functions Of government, and to
preserve the government: to the other to
recall these powers, to destroy the govern
mept, and erect q re7V one, whenever it
shall cease TO answer the ends for which it
was ordained and established. The SUI
preme power of the state is, therefore, a
power always actiOe aud Oisible; the So
preme power which resides in the people,
always dsrmant and inacnDe, except zvhen
the constitution is to be abolished ar changed.
Let US test these distinctions by the OPT.
Mons of Judge Wilson and Judge Patter.
son; and we shall find that the supreme
power which the people never part with, is
applicable only to their constitution.
" To con,roul the power and conduct Of
the legislature by an overriding constitution
(says Judge Wilson, was an Improvement
in the science and practice of government
reserved to the American States.
" Perhaps some politician, who has not
considered with sufficient accuracy our POI
lltical systems, would answer, that, in our
governments, the supreme power was vest
ed in the constitutions. This opinion sp-
Proaches step nearer to the truth, but
does not reach it. The truth is, that, in
our governments, the supreme, absolute,
and mc0ntrcula6le bozver, is 7pitb the beo.
Pie. AS our constitutions are superior to
our legislatures, SO the peoble are superior
to ar constitutions. Indeed the superiori.
tY in this last instance is much greater for
the people possess, over the constitutions,
controul in act as well as right.
be consequence IS, that the people
may change the constitutions whenever and
however they please. This is a right OF
which no positive institution can ever de-
prive them.
These important truths, sir, are far
from being merely speculative. We at
this moment speak and deliberate under
their immediate and benign influence. To
the operation Of these truths we are to as
cribe the scene, hitherto unparalleled, which
America now exhibits to the word-a gen.
tie, a peaceful, voluntary, and a delber.
ate, transition fran one constitution Of 20.
vernment to another. In other parts of the
world the idea of revolutions in govern
ment is, by mournful and indlssoluble
association, connected with the idea of
wars. But happy experience teaches us
to view such revolutions in very different
light, to consider them only as progressive
steps IN improving the knowledge OF 20.
vernment, and increasing the happiness of
society and mankind.