The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-05-01
fos lht S0atisfa pfssS.
Relies Of Scraps and Musings.

TIE SOVEREIGNTY OF TIE PEOPLE.
This term is often misapplied, and as often
misunderstood. A mere majority of the whole
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 a minority of the
States and the people will prevent any allera-
ton of that instrument. The sovereignty, there
fore, resides in three-fouiths of the States and
not in a majority of the people, who cannot
change the organic law Of the United States.
Neither can the people of State, in governing
themselves, be said to be sovereigns except in
the 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
so adopted it, they cease TO be sovereign while
it lasts, and can only exercise their sovereignty
in making Il new one. While that constitution
continues in operation they NE as much bound
to obey it, 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 government; in the second
in the choice of their rulers They are then EN-
phatically sovereigns But having framed a
government and adopted 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 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
scyereigns until the lime comes for choosing them
again. They have delegated their power for
the time being to others, and both cannot exer.
else it at one and the same time. How far the
agent is bound by the opinions of his eonstitu-
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.
ject to no restrictions but those of his Judgment
and the Constitution.
The former maintain that representative
government is an absurdty, unless :. member is
suhiaat IN tho confrol nf bis oo,,,;,,,,.,, al
latter insist that it would be still greater alb.
surdity for the member, to be deprived alto.
gether of the exercise of his will and his iudg.
ment, and that he is sufficiently held in check
by his dependence on the people for re cleo
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.
wen | 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 il
is restricted by the Constitution, and though the
President may exercise his will and his iudg
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
a law. Thus every branch Of the government
is restricted to the exercise Of its own peculiar
functions, and nowhere is power 80 concentrated
as TO be supreme. That this phantom of So.
preme 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 ofthe general government.
il was struck ont by a vote Of a majority of the
States. For the truth Of this, refer 70 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 circumscribed, cannot be
supreme Words if not things, alter nature OF
things, nud their application 10 lLnps is. there.
fore, matter Of no small consequence. What
is called heterod0xy in one country is orthodoxy
10 another; and the nfdlible head of the
church Of Rome, who is little less than diyini-
ly in Italy, and Spain, is in England, invariably
associated with the scarlet lady Of Babylon. and
the cloven-footed author OF all evils.
"1'HE FiRsr BALE OF CorroS."-In tbe'lat
number Of DeBo,o's Reriero IN an elaborate
article on the cotton culture, 1t is stated ne a
matter beyond dispute, that "not single bale
Of this cpuntry's growth was exported previous
TO 1887" This statement was made long AGO
il has been corrected, but somehow the corree.
ton seems never 10 haze overlake1 the error
and il has a great chance Of becoming history
by dint Of repetition. The precise date of the
introduction ofcotion into Carolina, we have NO
-. IL.