Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1847-03-03

arale political communities, made The
Constitution and Government, of the Uni
ted States. Each Stale, voted on every
clause of the Constitution separately; and
separately, as the whole, adoptedt for
itself, Rhode Island and North Carolina
remained long out Of the Union, after the
Government was in full operation over
other States. The Stales. were sovereign
before they entered the Union-sovereign
TO keep out of il or 10 enter il-and SOW
ereisn now, unless II can be clearly shown
hat they have surrendered their soyerein
ty. That they are sovereign now, moth
ing can proclaim more clearly, than their
control over the whole system Of Govern
ment. Next 10 creating government, the
greatest test of sovereignty is The power
to alter, change. or abolish it. Where does
this power reside by the Consultation In
the States. AS they made it, as CO equal
sovereisns, without any agreement ON
their part, by the assent of every State
only could The Constitution, their joint
compact, he amended. No other State
or States can alter or change the conslilu
lion or laws Of a sovereign State. uuless
there is an agreement to that effect; and
then this agreement operates as practical
adoption OF the amendments by the Stale.
The same sovereign authority, which
made the agreement with another Sta:e,
sanctions and authorizes amendments to
the Constitution, made in conformity to
its powers. The States have modified
their sovereign authority in this respect.
They have expressly agreed, in the fifth
article Of the Constitution, that the will Of
all shall not be necessary to amend it ;
but that three -fourlhs Of Them leach State
acting separately shall change ConsIiIu-
ton and Government al their discretion.
Here, then The creating power and the
amending power in this Government are
both with The States. Where else can
the sovereignty reside ? Gentlemen say
with The Government. Why the Gov.
ernmenl can absolutely do nothing what
ever, to alter or 10 change a single feature
Of its organization. 1t is powerless to
amend, as il was TO create, the ConslilY-
linn. Was i! ever heard of before, thai,
sovereignty resides. where not only there
is. no supreme ultimate authority, but no
authority whatever 10 touch the organic
law? Here, in this Government, is su-
bordinaIion--obsoluie suhordinalion-the
creature and dependent on the States Tor.
its form of existence. aud existence itself;
YET the Government is sovereign Can
any thing produce such POSITIONS, but lhe
grossest confusion of ideas, and abuse OF
terms Congress, it is true, can do a
little towards amending the Constitution.
1t can,I Qwu-lhrds oIboth branches agree
ins propose amendments for the consul
GRAFTON of the Slaes. But this is all it
can No. They may consider Or not cou-
slider. reject or adop; such amendments,
according to their sovereign discretion.
Nor is the power of moving in the matter
Of amendments, alune with Congress.
Every Slate, by lis legislature, can pro-
pose amendments, aud when Two thirds Of
them agree, on application 10 Congress,
"Congress shall call convention Of all
the States" TO consider the Constitution.
But the power Of proposing amendments,
does not imply sovereignty On the ccu-
,rary, if this was all the power retained
bv the Slales over The Constitution, il
would be an inCalliSe proof that they had
aienatod their sovereignty. Sovereignty
consists in the aclual supreme authority,
by which she Constitution and Govern.
mcnt is changed. This, is in the States:
aud may lie exercised by them, although
Congress, in both branches, and every
man in The Government Of the nited
States. may be opposed 10 its exercise.
Congress has no option in The matter;
when the States demand convention, 10
revise the Constitution, "Consress shall
call a conyention," They are merely
the instrument, by which the sovereign
parties TO the Constitution. make known
to each other, their sovereign will 10 revise
their compact. The convention, therefore
assemblies at their call and any amend
menls il may propose goes 10 the States
alone, who sanction or reject them they
displaying throughout, that supreme ultl-
mate authority in which sovereignty con-
sists.
Blu, there is another lest, the strongest,
excepting the amending power, TO show
where sovereignty resides in a Govern
ment. Treason is a violation, oil the part
Of citizen or subject of his allegiance 10
his sovereign. TO show where sovereignty
is in our Government. we need but show,
against whom the Constitution says trea.
sou must be committed. The trainers oil
the Constitution had themselves been TOO
long near The periIs Of treason, no. TO un-
dersrand the Specification Of The term, and
the sric: necessity of putting i, on its True
relation between citizen and sovereign. II
affects too the existence Of tho body poll
tic; and therefore, has ever been couside-
red the highest in the catalogue of crimes;
always, by all nations. punished with
death. What Says the Constitution .
Surely if Congress or the government is
sovereign, treason will consist in some
way or other in resisting their suprme au-
thori,y. The words Of The Constitution
are, "lreason against the United States
shall consist only in leEyius war against