The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-01-30

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ees, TO carry in operation the grandes scheme of
free government the world has SEEN on the part of
the peolethe people OF the States who alone SOW
ereign They voting separate political communities,
made the constitution and government OF the United
States. Each State voted every clause of the const-
tuition separately; and separately as a whole adopted il
! for itself Rhode Island and North Carolina remained
long out OF the Union after the government in full
operation other States The States sovereign
before they entered the Unionsoyeregn to keep out of
il to enter itand sovereign aow unless it be
clearly shown that they have surrendered their
egnty That they are sovereign now, nothing can pro-
claim clearly than their control the whole sys-
tenn of government Next to creating government, the
greatest test of sovereignty is the power oaer change,
or abolish it Where does this power reside by the con-
stituton In the States. AS they made IT, co-equal
soveregns, without any agreement on their part by the
assent OF every State enly could the constitutions their
joint compact, be amended No other State or States
alter or change the constitution or laws OF sover-
egn State unless there agreement to that effect and
then this agreement operates as practical adoption OF the
amendments By the State The sovereign authority
which made the agreement with another State sanctions
and authorizes amendments TO the constitution, matte IN
conformity to IFS powers The States have modified
their sovereign authority IN this respect They have
that the will of all shall moi be necessary to amend IT.;
but that three fourths OF them qea State acting sepq-
!, har ehss ne spe ben the eenr
power and the amending power in this govern
ment both with the States. Where else can the
sovereignty reside i-gentemen say with the govern
ment Why, the government can absolutely do nothing
whatever TO alter or change single feature of It's organ
zaton. II is poweress to amend, IT was to create, the
constitution Was heard of before that sovereign
ty resides where not only there is supreme ultimate
authority, but authority whatever to touch the organic
law Here, IN this government, rs subordnaton-abso
ute suboriination-the creature and dependent the
States for its form OF existence and existence itself yet
the government is sovereign. Can anything produce
such positions but the grossest confusion OF ideas and
abuse of terms Congress, 1t is true, can do He to-
wards amending the constitution. 1t wo-thrds OF
both branches asreeng propose amendments for the con-
siderdtton OF the States But this is all il can do They
M NIT
mens, according TO their sovereign discretion. Nor is
the power OF moving in the matter OF amendments alone
with Congress Every State by its legislature can pro-
pose amendments and when two-thrds of them agree,
application to Congress, Congress shall call con-
vention of all the States to consider the constitution But
the power of proposing amendments does not imply
sovereignty On the contrary, if this all the power
retained by the States the constitution, it would be
nfable proof that they had alienated their sove
regnty Sovereignty consists the actual supreme
authority By which the constitution and government is
changed. This is in the States, and may be exer-
csed by them, although Congress, in both branches,
and every man in the government of the United
States may be opposed to its Congress has
option in the matter; when the States demand con-
yention to revise the constitutions Congress stdH call
convention" They are merely the instrument by which
the sovereign parties to the constitution make known to
each other their sovereign will to revise their COM;
pact The convention, therefore, assemblies at their call
and any amendments may propose goes 10 the States
alone, who sanction or reject them; they displaying
throughout that supreme ultimate authority in which
sovereignty consists.
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amending power, TO show where sovereignty resides in
government Treason violation the part OF citi-
zen subject of his allegiance to his sovereign To
show where sovereignty IN our government, we need
but show against whom the constitution says treason
must be committed The trainers of the constitution had
themselves been too long the pels OF treason not
to understand the Specification Of the term and the strict
necessity of putting il its true relations between cll
and sovereign II affects too the existence of the
body polc and, therefore, has ever been considered
the highest in the catalogue OF crmes always, by all
tions punished with death. What says the constitution
Surely if Congress the government is sovereign rea
son will consist IN some way or oiheE N rssSng ,her
treason against The United States shall consist only in
levying against them, or adhering to their enc
Ily, as matter OF course the United States are
alone mentioned those against whom treason
can be committed and it consists in levying war
against ''them," or adherng TO "Mer" enemies The
words them and their show clearly that the United States
do not consist OF single sovereignty; for then her
sir would have been used in the constitution But it
consists of many soyereignhes, the States OF the Union
united Against Hthem" therefore, the war must be
leyed the adherence must be TO "their' enemies to
constitute that violation OF allegiance due to sovereignty
in which treason consists 1t would be bold argument,
in the face of this plain declaration in the constitution to
contend that sovereignty in the people of the Uni
ted States people That used to be the old heresy
OF consolidatonists; although, in point OF fact there
never has been any such people, and, unless by revou
ton be; but II is still holder to maintain that
sovereignty in Congress or in the government Neither
Congress- the government nor the people OF the UNI
ted States mentioned in the constitution those
against whom treason can be committed But had the
constitution asserted that the people Of the United States,
as single people, should be sovereign in the conede
racy, and be those against whom treason should be
mltted it would have asserted very plausible theory
which large party in the Union from its commence
ment have been endeavong to engrait upon by
patton. The great fundamental doctrine of our free in
stutions, that the people sovereign, would not be
controvened by such theory But to put Congress
the government sovereign, arlsocacy OF federal
ism, that, believe has never heretofore been heard OF
until this debate
Mr. Speaker il is these same "Unitel States" agains,
whom treason alone be committed, to whom the
constitution, in its third section aflrms that our terri
tories belong belonging to the United States" The
least reflection, il appears TO would show, that the
territories could under system OF government belong
nowhere else II this government made by the
to the Sa.es-to whom, but the States, shout
any territory acquired by this government, Their
common agency, belong In the very nature OF
things, agency never be supreme. In the
very nature OF things, territory acquired, whether
| by conquest or by treaty, must belong TO the sove-
FORE that the theory OF the constitution, well as the
words of the constitution place the sovereignty over our
territory the States but suppose thore room for
doubts, grave doubts both of these polns--where
ask ought Prescriptions and constructions to place the
sovereign power' Surely ii ought not 10 be on light
grounds, that the sovereignty OF State be wrested
from her Sovereignty the life of q State II is the
last thing il viii surrender When she parts with
it, she commits political suicide and transfers the allegl
OF her citizens and their paramount obligation TO
protect and defend her to the command of others Ii
State like the States in this Union has been sovereign,
(Which the declaration of independence and the articles OF
confederation expressly affirm, and no denes) ought
sovereignty Ii cannot be surrendered in part retain
ed In part Ii IL the supreme ultimate authority, and