Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-07-23


der the constitution is lower in the Government well
it power VIII; 81 the constitution recognises and
makes use OF for E ends in the established organism
OF the Sta giving it work to do, and in liked, una-
ter ma = action in short, strictly Junetonary
porer as much so as the powcr o. " IVY ~
preme Court.
alt follows that this sovereignty, besides being Of
qualified nature, is also limited IN extent Nor Is the
measure of it hard take being just what remains OF
the whole mass 81 uncbonary powers legitimaeiy orga
mic 10 orr system ni deductng therefrom the powers
deyolyed upon Government as snch lor me PER
Torrance Of their duties The result is ~. e.
poWers are oil administrative apper,a..
inc to Government in the common meaning of the term
in other Words the legislative, executive and judicial
departments familiar to every ones knowledge Sneh
is the subtyahend of the problem What then must the
peoples remainder bel What but the organizing ana
yisitatorial power of the baot-bo1Ae electoral s0ee'
reigaty9 Nothing less, nothing more. :,
Nor is this sovereignty original in the people no
unctionary power be older than the organism ~ Pc
longs Much is said about the reserved rights % lhc
people, and in connexon to show that rights of power
meant. 1t is delusion. How could rights OF any
Sort bearing solely the Government, exist before the
Government itself? And if they did not preexst, how
could they be reserved when the Government formed
They necessarily took their date from that perod they
the very Of the constitutions and 1t was
by the constitution that they impaired originally to
the popular electors. The right of voting at political
elections is truly what it has been called, dncMse-
emanaon Of power from the national
descending thence upon the individuals who are entrls
would be solecsm.
Besides if this electoral sovereignty had been thing
of original right in the people anecedent to the const
tuition it would belong to every one-man, woman, and
chd-so far at least there is no lack OF discretion
for attending its duties whereas we do not ind 1t 50
vested, only portion, not third part probably nor
vet fourth Of the whole community being legal voters
women and minors having none OF 1T, many adult Tree
citizens having of it, for want of the requisite qua
6eaons of residence property, tax-paying' ana the
like How is this? Are these unvoting citizens dsran-
chised by the constitution? Is it not more sensible to
say that every franchise being trust or at least IN
volvng one the right Of voting has been given TO such
only of the people deemed tit and competent trus
tees of so important power and likely to use it with
advantage to the country? So that instead OF taking
away any thing from threefourths of the community In
that respect the constitution simply imparts to the re-
naming fourth right of its own creation when was
never theirs before.f
And thisis done, let me add not for their sakes in
particular who receive the grant, but for the equal good
of all, without distinction difference There is pc
culiar value in the privilege Of depositing ballots in
box, the alone considered have they TO whom
the privilege conceded any serious Of present
unhappiness that account The only question OF in
for them, for Others is upon the likelihood OF
results to the country. Is the right Of outrage dstrl-
buted widely enough among the people on the one hand
to make elections duly popular in the spirit OF them
and restrained, the other, to number sutclently
small and select render it probable that they will be
conducted with proper intelligence and prudence; so
that upon the WHOLE the true advantages designed by
this part of the constitutional arrangement may be fairly
hoped for from its operation That is the point Of true
interest, and the only
"Now the liberty that waits upon funconary power
of course be larger than the powers The people,
in their capacity Of electors may do every thing neces
sary to the complete and eecual exercise of the fran
chise They must not be hindered in this No military
no political private interference be tolerated It's
point of unquestonabe sovereignty, and must be treat
ed accordingly.
At the same time it will become the electors to see
to it that they do not oyerstp their province To at
more than the precise nature of the franchise war
rants is usurpaton
"And this enables to condemn without reserve
opinion strangely prevalent in parts of the country
to the effect that when manis chosen TO Office espe
cially Office Of legislation it is the right of his
stuens to have pledges from him the he
viii advocate or oppose in public life and to
upon him afterwards during his term with dictatoral in
structons on the subject Nor the holders of this
opinion so inconsiderabe either in name influence
allow of its being passed contempt1ous silence
"Upon what, them do these gentlemen ground them
sevesf The notion seems to be that election is de-
legation Of por and that pledge exacted from the
candidate is but condition annexed to free gift in
words that the electors being the donors Of the
power with which the Of their choice becomes there
upon endowed have natural right TO be served with it
s in the way they think best
But here is certainly misconception. The electors
confer no power, not particle How they? They
have to confer. Had they the power themselves
they could exert it; otherwise would be power
AS then they have not they cannot delegate pass
it over to another. Suppose the elected officer should
die suddenly and vacancy happens would his power fall
back upon the electors hands No. for again they could
make Of it. and to them it would not be power.
Their right Of suffrage would indeed revive another
congo dee from the constitution would put them in fur
Their action its functonaries for appointing
This done, their work is ended till casualties make
for it. But suppose, instead Of dying, the Off
Ger plays truan and is guilty of malyersaton can his
constituents inrude upon him and amend his doings?
No. culprit though he be- the Office, long he
nues in it, is his, theirs When his term is up to
sure he may be called by them species of account
But even that viii not be in the way of jurisdctona
vew Tor they do nothing, absolutely nothing, with
the function he have abused. They not rulers,
but electors only. They touch the man. should he
ask renewal Of their confidence; they refuse TO
trust him again; and this is all the penalty they can
infict
III them the power Of public agent is given him
by his elective constituents whence you will ask does
he get it, answer from the constitution Ii is laid
up there in waiting for him against the day of his APP
pointment The electors choose him. designate him. give
him their letter OF approval the constitution does the
rest"
We could wish that Mr.. Warner had conceived it to
fall within the purview Of his treatise to give us his
opinions the historical RISE formation and develop
Of those peculiar principles which constitute Amer-
constitutional freedom or, batting this that he had
traced the influence which the various parties by whom
the Government has been administered have exerted
our general national poty. We not much addicted
to what the critics call the brilliant generazaons of the
philosophy Of history since in the main they
brilliant than Solid and like the newspaper items
which under the head Of important if true" they
awaken quite much distrut as admiration But the
political party history Of the United States contains
think, philosophy which IL may be not unprof able
to enunciate and generaze In politico
point Of view, then 1t to that up the
sion Of President Jackson, the Republic administer