The southern press., 1851-04-01

lOne Ed. McCreAOy, " n. r.. f1uut; the DLaL<
ex relatione Mcdaniel " McMeekin, Hill
that it cannot be expected to fail in producing
conviction OF the sonndneas Of the doctrines
there advanced. A the opinion Is = very elabo
rate one, this article shall only contain those
views, and the reasons for them, which are es
sential to the purposes just mentioned.
I" Allegiance, whether we regard it rs due tt
the paramount lord OF the soil, or to the supreme
political authority of the State, is in its nature
single and indiuisible.
!" BY sovereignty is commonly meant the ag
gregate Of all civil and political power Where
is the sovereign authority Of this State vested
The constitution of this State declares that "a
power is originally vested in the people, and al
free governments are founded on their authority
happiness" The constitution itself has pro
vided in what manner the people shall be applied
to in convention called by two-thirds of both
branches of the Legislature; and their acts have
the authority of law, and of the highest law"
A. .er disposing of the question az to the seat
of sovereignty in the State regarded apart from
any other State, or union of States in confed-
eracy, the argument proceeds thus:
81 come now to consider the question cs the
State stands in relation to the other States OF
the Union, by the adoption of the federal Con.
stitution. And here itscems to me, that the only
question to be determined u.s. aohether system
of government under the Constitution .of the
United States constitutes single Stale or nation,
or a confederacy Of States. The essential char
acter of confederacy is, that the States remain
sovereign; and the test of that sovereignty
would be, to inquire whether, if one State
should think proper to withdraw from the con-
federacy, are citizens and constituted authorities
within it. territorial limits, legally bound to
obey and sustain that act, or would they owe a
higher obedience to some other power? 1t is
said by Vattel, b. /, c. l. 54, that every nation
that governs ITSELF under what form soever,
without any dependence on foreign power, is a
sovereign State. Its rights are naturally the
same as those of any other State" Yet, in s.
10, it is said several sovereign and independent
States may unite themselves together by per-
petual confederacy, wifhoM each in particular
ceasing TO be a perfect State. Ihey will form
together federal republic: the deliberations in
common will offer no violence to the sovereignty
of each member, though they may in certain re-
spects put some constraint on the exercise of it,
in virtue of voluntary engagement" Such for
merly were the cities of Greece such are at
present the seven United Provinces of the Meth
erlands, aud such the members of the Helvetic
body"
So Buramaqui, I'd vol, part 2, c. L. Sec xl.,
in relation to compound forms of government
/" these may be defined as assemblage Of perfect
governments, strictly united by some particular
bond, so that they seem to make but single body,
,oith respect TO the affairs ,chch interest them in
Common, thougheach preserves its sopereigntytuH
and entire independently IF the others"
Regarding the federal functionaries MS acting
within the territory of n State, under the sane
ton and authority of the State, they become the
functionaries Of the State itself, and do not in
any degree detract from its sovereignty The
question was made whether the convention
which passed the ordinance O833) was not linn
tied for the purpose for which it was assembled,
aud am of opinion that it was so limited And
tn detracts in no degree from the sovereign
character of its act when within that purpose
We have no authority to Judge of, revise, or
control any act of the people but when anything
is presented to us as the act Of the people, we
must of necessity Judge and determine whether
it be indeed their act. The sole difficulty seems
to me to have arisen from confounding together
the authority attributed by the constitution to
the people, with that of the conrention Certainly
the convention was not the people for any other
purposes than that for which the people elected
and delegated them.
An argument was drawn from the supposed
absurdty of the legislature, an inferior author
ty putting limits TO the power of its superior
and creator But think it is not correct stat
ing Of the question. The question is Of the ats-
hority ofthe convention.
An ordinance is produced to us, passed by n
certain number of individuals assembled at Co.
o,fn ifv a t<,f
the people. But we were told they were elect
ed by the people. This, however, is not enough
For what purpose were they elected by the peo-
pie? To represent their sovereignty. But was
il to represent their sovereignty to every pur.
pose, or was it for some specific purpose! To
this no other answer can be given than the act
Of the legislature under which the convention
was assembled. Certainly the people may, if
they will, elect delegates for particular pur-
pose without comforting on them all their au-
thority. To deny this would be to dctract
from the power Of the people. and to impose on
them most dangerous disability. Take the
instance, for example, of the convention which
was called to consider the proprety Of adopting
the federal Constitution. If that had thought
proper to 60 on and form a constitution for the
internal government Of the States, would that
have bound the people, or been recognized by
the constituted authorities rs the act Of the pco-
pie! No doubt there might be a convention
unlimited in its powers, and representing all the
authority of the people, But .whcn they are
about to confer this high authority, certainly
they ought to beawar that they are doing so.
As the arguments cited from the case above
alluded to- and also the very lenrned and elabo-
rate arguments Of the eminent counsel, embodied
in the report q Hill ~ establish the right--ns
well rs the reasonnbleness and the necessity of
State sovereignty being preserved in all its force
and integrity. shall, in conclusion, show that
State sovereignty is no new doctrine, nor is it
the grow tn Of an uncommon emergency, press
ing upon an injured and oppressed people,
State sovereignty is not only recognized but ex-
pressy mentioned in Todd IN verbs in the con-
stitutions Of three of the New England States,
viz New Hampshire, Vermont and Massachu-
setts. In the constitution Of New Hampshire,
the 7th article Of the bill Of rights reads: "The
people Of this Stnte have the sole and exclusive
right Of governing themselves as free, sovereign