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

chiefly iu making or unmakins the funda-
meutal law, or constitution Of State,
that its supreme attributes are displayed.
lis powers, indeed, are exercised in all the
actions of the government; since all, the
very least, directly or indirectly, emanate
from its authority. But the powers Of
sovereignty are one thing. and its being
is another. The faculty of speech, aud
the use of our limbs, are powers OF a man,
but they are not the man. And so il is,
with sovereigntyn State, which exists
not only in The foims Of its action. bnt il
beiag The source, the principle of all ac-
,on, The supreme ultimate authority, by
which all forms Of action in government
exist. In despolsms, sovereignty exists
in the will Of single individual, which,
for the lime being, is the fundamental law.
In mixed governments, like that Of Eng
land, all her publicists agree. tha, The SOW
ereisnty is the King, Lords. and Commons
in Parliament In republican govern
ments, like ours. shall maintain that ii is
in the people of The States.
Now, let us examine, first, before we
ascend to general principles, the clause of
Constitution, on which the gentleman from
Indiana relies. 10 show that sovereignty
over the territories, is in the Government
of The United States. The Congress shall
have power to dispose Of, and make all
needful rules and regulations respecting,
The territory or other property belonging
10 the Uuited States" Here, in tho first
place, nothing is said about the Government
of The United States. Whatever power is
conceded by the clause is conceded to
"the Congress" What is Congress!! The
6rsI clause in lhe Constitution answers-
"All legislative powers herein granted
shall be vested in a Congress Of the United
States. which shall consist Of Senate and
House of Representatives" The Senate
aud House Of Representatives, are very
far short of being the Government of the
United States.
Bullet US stride over this difficulty. al-
though rather awkward for a sliict con.
slruction. Suppose Congress 10 be the
Government, what power does the clause
convey? ITO dispose Of, and make all
needfu rules aud regulations concerning,
the territory or other property belong ing.
TO the United Siales." Docs tho power
ITO dispose of and make all needful rules
J aud 5. reeulaliops," imply sovereignty (!
{ Mark, sir, how far short this phraseology
|is in its scope. oEtha, other clause in the
Constitution, WHICH relates To the other
properly Of the United Stales-Ihe iufls,
arscnals, magazines, and dock yards.
Over these, and over this district, Congress
"sl lu exercise erciusive legislation in all,
cases ,rhctsoecrr." Does not the clause,
relate 10 the territory only, as property
and confer only powers necessary for It's
disposition aud control as property? 1t
speaks Of the territories in couneXion with
The other property of the United States.
Congress can sell the lands lying within
The territory, and to secure purchasers and
settlers in their persons aud property. they
can make sal needful rules and Tegula.
lions" establish territorial governments,
aud pass laws. This it appears to me,
is al! the authority the clause conlers; and
this authority is vested, nul in The Govern
ment but in Congress. Suppose the ow.
ners Of a factory should convey to an agent
the power contained in this clause, to dis
pose Of aud make all needful rules and
regulations concerningit, would that make
him the proprietor On the contrary iu
ference arise from his accepting such
trust Yet this is language, by which
sovereignty is claimed 10 be in The Gov
erumenl Of The Uniled States, authorizing
the expulsion Of one. half Of the States
out Of our territories but the clause itself,
directly repudales the idea that either
Congress or The Government have any
pre- perry, much less sovereignty over our
territories. lis words are, TERRITORY and
other property belonging 10 The Unetsd
States." Here is direcr affirmation,
that our territory does not "belong" either
10 Congress or the Government. Now.
a,houg h it does not follow that where
there is property (for properly may belong
to Individually there is sovereignty yet
where there is no property; over an un-
settled country, there cannot be sovereign
ty. The "supreme ultimate authority"
cannot exist where there is neither The in
ferior right Of property, which exists in
individuals, or the higher right by The en-
iuent domain. The clause, however, does
dot stop a, negaliving, by implication,
The idea that the Government has the SOW
ereisnty over our territories, but it direct
ly asserts where The property. and the
sovereignty over them are-belonglng 10
the United STATES. Here is the great truth
which dissipales all mists and fallacles.
Sir, il is a truth, vital 10 all free popu-
lar governments. that sovereignty can
never he in Government. The funda-
mental doctrine, on which all our free IN
slituiens rest, is that Government is moth
ing of itself, but is simply the agent OF the
people. Make government sovereign, and
the people are subject. They are ruled
aud do not rule themselves. 10 attempt
TO alter, change, or abolish the forms OF
government over them, will then, not be
right in the people, but reason to The
existing government, FOR which they may
r;oh,rnIIv be pibbeled or put 10 the sword.