The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-04-30
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i THE SOVEREIGNTY OF THE PEOPLE.
This term is Often misapplied, and as often
misunderstood mere majority OF the whole
I people of the United States is not sovereign
because it Cannot change the Constitution OF
the United States, which is the paramount law
of the land. To do this, requires three -fourths
of the STATES in their individual capacity, and
occasions may arise in which minority of the
States and the people will prevent any altera-
ton of that instrument The sovereignty, there
fore, resides in three-fourths of the States, and
not in majority of the people, who cannot
lchange the organic law of the United States.
Neither can the people of State, in governing
themselves, be said to be sovereigns except in
tho exercise of their reserved rights, which are
expressly guaranteed by the Constitution. They
may frame and adopt any State constitution
they choose, on the republican basis, provided
it does not conflict with the powers already del
egated. to the general government but having
so adopted it, they cease to be sovereign while
it lasts, and can only exercise their sovereignty
in making new one. While that constitution
continues in operation they are as much bound
to obey ii, as if they had no power to repeal its
provisions, or had no agency in its formation.
Nay, they are under higher obligation, because
it is their own act and it is only submitting to
restrictions voluntarily imposed on by them
selves
| The sovereignty of the people in their aggre-
gate capacity, is in the first instance exercised
in the choice of their governm ant; in the second
in the choce of their rulers. They are then en-
phaticaly sovereigns. But, having framed a
government and adopted a constitution they
must obey it until it is altered or abrogated
and this can only be done in conformity with
the mode provided by that constitution, which is
as much n part of it, as any other Of its pro-
visions. SO also, having exercised their sover-
eighty in choosing their rulers, they are no longer
sovoreigns until the time comes for choosing them
again. They have delegated their power for
the TIME being to others, and both cannot excr-
else it at one and the same time. How far the
agent is bound by the opinions of his consttu.
ents, is a question that has puzzled wiser heads
than mine. The doctrine of one party is that
the representative is bound to obey or resign
that Of the other, that he is free agent, sub
ect to no restrictions but those of his Judgment
and the Constitution.
The former maintain that representative
government is an absurdity, unless member is
subject to the control of his constituents; the
latter insist that it would be still greater alb
surdty for the member, to be deprived alto
gether of the exercise of bis will and his iudg-
ment and that he is sufficiently held in check
by his dependence on the people for a re-elec-
ton. On the whole, the Democratic doctrine
recognizes the right of the people to instruct,
and the duty of the representative to obey or re-
sign. There are, however, many cases in which,
were | representative, would do neither one
nor the other.
In like manner it seems to me that the prerog-
atives of the general government have been as
much misunderstood as the sovereignty of the
people. There is no such monster as Supreme
power" in the government of the United States
Everywhere power is restricted, or so distribut-
ed that no man, and no branch of the govern
ment, nor all of them together, is supreme The
general government is not supreme, because ii
is restricted by the Constitution, and though the
President may exercise his will and his judg.
ment in making treaty, it is Of no validity un-
less ratified by two thirds of the Senate. So
with respect to the Supreme Court; it may de.
clare law unconstitutional, but cannot make
law. Thus every branch of the government
is restricted to the exercise of its own peculiar
functions, and nowhere is power so concentrated
as to be supreme That this phantom of su-
prone power was not recognized by the trainers
Of the Constitution, may be seen in the pro-
ceedings of the convention. In every instance
where the word "supreme" occurred in connec-
ton with the powers of the general government,
| it was struck out by vote of a majority of the
States. For the truth Of this, refer to the
proceedings Of that body as recorded by the
sages of the revolution. The sovereignty of the
people of the United States is restricted SOW.
ereignty, and the powers of their government
being in like manner circnmscribed, cannot be
supreme. Words if not things, alter nature OF
things, and their application to things is, there
fore, matter of no small consequence. What
is called heterodoxy in one country is orthodoxy
in another; and the infallible head of the
church Of Rome, who is little less than divni.
ty in Italy, and Spain, is in England, invariably
associated with the scarlet lady of Babylon, and
the cloven-footed author of all evils.
"THE FIRST BALE OF CoTToN."--In the last
number of DeBo,O's Reuieo, in an elaborate
article on the cotton culture, it is stated as a
matter beyond dispute, that mot single bale
of this country's growth was exported previous
to 1887" This statement was made long ago
| it has been corrected, but somehow the correc-
ton seems never to have overaken the error,
and it has great chance of becoming history
by dnt of repetition. The precise date of the
introduction of cotton into Carolina, we have no