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

Constitution. ssBut it consits of many
sovereignlies,sthe States Of the Uuion
united. Against them, therefore, the
war must believed, or The adherence must
be to their enemies, to constitute that vo-
lation of allegiance due to sovereignty, in
which treasonseonsisls. Ii would be bold
argument, il the face Of this plain declar-
laLioniin tliesSoustiiution, 10 conlend that
sovereignty Whs,in the people. That used
to be the oil tsheresy of consultations;
although, in Eoint Of fact there never has
such. peoplessand unless by revolution,
.nevercan bejEbul il is still bolderto main
tair,t soyereignly, is in Congress or in
The Goveruniclt. Neither Congress, nor
the Government, nor the people of the
United Statesare mentioned in The Con-
slitulion as aiiose against whom treason
can be committed. But, had the Consti-
lulion asserlaSthat the people Of The Uni
ted Statea, ass a single people, should be
sovereign ip,Ihe coufederacy, and be those
against whoIMtreason should be commit
,ed,-it wodlI.have asserted very pIau.
sible theory: y:Nhich large party in the
Uaion,e FROM its commencement, have
been endsaveriug, 10 ensralt upon it, by
usurpation. The great fundamental doc.
lrine Of our flee institutions, that the, peo-
pie are sovereign, would not be contra
yened by such atheory. But, to put up
Congress ortbe Government as sovereign.
is an staristocracy OF federalism, that l
believe, has never heretofore been heard
Of until this debate.
Mr.. Speaker;itis these same "Uniled
Stalesh hasainst whom treason can alone
be commiled,ilo whom the Constitution,
in its third section, afiirms that our Terri
tories belons-.'Jelonging to the United
Slales.' The least reflection, it appears
to me, would ishew, that the territories
could, underour. system of Government,
belong 10 where else. lfthis Government
was made:byihe Stales-is allerable alone
by The S'tnfes-in fact, belongs 10 the
States-to whom. but the Slales should
any terrilurSacquired by this Government,
their common agency belong? In the
very nature,9kthinss, au agency can never
be sapreme. In the very nature Of things,
territory acquired, whether by conquest or
treaty, must belong 10 the sovereignty Of
the cuunltysacquiriug ii. ] think, there
fore, That tie theory Of the Constitution,
as well as lie words Of The Constitution,
piac1e ~ scieiSE:y over our,rerrilory in
tho States. But suppose there was room
for doubts, grave doubt.on both these
punts,--where, ash, ought Prescriptions
and constructions to place the sovereign
power! Surely thought mol TO be on light
grounds, that The sovcrcreignty of a State
eau be wresled from her. Sovereignty, is
the life Of Il Stale. Ii is the last thing, it
can or will surrender. When she parts
with it, she commits political suicide: and
transfers the allegiance of her citizens, and
their paramount obligation to protect aud
defend her, TO the command of others. II
a Stale, like the States ia this Union, has
been sovereign, (Which the declaration Of
Independence, and the articles of conieda-
ration expressly alIiru. and no uae dsnics.)
ought j, mol to bo clearly shewn that she
has surrendered her sovereignty? 1t can
not be surrendered in part, or retained in
part. It's ..thc supreme ultimate author
ity," aud therefore must be wholly retained
or wholly alienated, Subjection or subor.
dination of any kind, is absolutely incon-
sistcnt with sovereignty. Where is the
clause in the Constitution, showing that
this supreme power over their destiny, has
been surrendered by the States =? There
is not one, which even looks 10 any such
concession but, on the contrary, there are
SEVERAL like those have referred to, ex-
pressly showing that they have fully re-
ialned their sovereignty. But iflhcse did
not exis:, shall tho States be shorn Of their
sovereignty by implication-by construc.
lion Z? The Constitution is nothing bot a
collection of powers. which the sovereign
States have agreed to exercisctuge!her by
common agency, the Government; and
it is vast assumption, to claim any pow
ers for this agency, but those expressly and
plainly granted but TO cOnstrUe the life
out of a State-to infer a political 'fclo
de Sc" is species of logical proaisacy,
which only suits the argument of the
sword.
Sir, these views bring me 10 the extra
ordinary position Of the gentleman from
Illinois, (Mr. McClernand.) He deals in
differences on quile;a splendid scale, no,
applicable TO our Government only, but 10
all governments. lie puts the sovereignty
of Congress, or the Government, over our
territory, not on any grant in the Conslitu-
lion, but upon the groun |. tha, it is an in
cident to all goUcrnment to acquire terri
lory +; and Government having by this au-
thorily acquired territory, is sovereign over
it.
Now, admit the principle couiended for,
that il is necessary incident to all gov.
ernmenl t. acquire territory, does the con-
cluson follow,-that the Government, in
our system Of Government, is sovereign
over the territory! After the territory is
acquired, il matters not by what authority,
docs it mol fall under the provisions Of the
Constitution =? If it does, then the restric.
lions in the Constitution, determine with
whom lies the property, as we'll as sover'
eighty. over she territory. Butt if it does