The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1857-12-29


ton of the great and good Madison, the
principal founder of our Constitution, as
shown by the letter of Hon. Charles j.
Ingersoll, of Philadelphia. as published IN
the Globe, at Washington, in 1896. What
adds much to the force of his opinion is the
statement then made by Mr. Madison that
these were also the views of Mr. Jefferson.
By this clause of the federal Constitution
the sovereignty of the peopLe of each State
is clearly reserved, and especially their
own exclusive sovereign right to form in all
its entirety their own State Constitution.
/ shall not enter fully into the argu-
ment of this question at this period, but
will merely state that this is the position
have ever occupied, and my reasons for en-
Pertaining this opinion are clearly and dis
tnctly set forth in printed pamphlet pub
lished over my signature, on the 18th june
1856, and then extensively circulated from
which quote as follows:
Under our confederate system, sover-
eighty is that highest political power which,
at its pleasure. creates governments and
delegates authority to them. Sovereignty
grants powers, but not sovereign powers,
otherwise it might extinguish itself by max
ing the creature Of its will the equal or su-
perior of its creator. Sovereignty makes
Constitutions, and through them establishes
governments. 1t delegates certain powers
to these governments, distributing the exer-
else of the granted power among the legis-
lative, executive, and judicial departments.
The Constitution is not sovereign, because
/ it is created by sovereignty. The govern
ment is not sovereign, for the same reason,
much less any department of that govern
ment. Having defined sovereignty, we
must not confound the power with its source
or exercisc-that is, sovereignty Is one
thing where it resides or how to be exer
ciscd is another. Under the system of
| European despotisms, sovereignty was
claimed to reside in kings and emperors,
under the sacreligious idea of the divine
right Of kings and the blasphemous doc
trine was, that sovereigns in Legitimate
succession, although stained with crimes
and blackened with infamy. were clothed
! by Deity with absolute power to rule their
subjects, who held nothing but privileges
| granted by the crown. Such were the alb
surd and impious dognas to which the peo-
pie of Europe, with few exceptions, have
been compelled to submit by the bayonet,
sustained by the more potent authority of
| ignorance and superstition. Under this
theory, the people were mere ciphers, and
crowned head subdities-the sole represen-
tativcs on earth of the governing power of
the Almighty" "Our doctrine is just the
reverse, making the people the only source
of sovereign power. But what people -
| With us, sovereignty rests exclusively with
the people of each State. By the Revolu-
ton, each colony, acting for itself alone,
separated from Great Britain, and sane
toned the Declaration of Independence"
Each colony having thus become State,
and each adopting for itself its separate
State government, acted for itself alone I'M
der the old Continental Congress. Each
State acted for itself alone in acceding to
the Articles of Confederation in 1873; and
each State acted for itself alone in framing
and ratifying, each for itself, the Constitu-
ton of the United States. Sovereignty,
then, with US, rests exclusively with the
people of each State. The Constitution of
the United States is not sovereign, for it
was created by States, each exercising for
itself that highest political power called SOW
ereignty. For the same reason the govern
ment of the U. S. is not sovereign, nor
does it exercise any sovereign powers. 1t
exercises only delegated power" as de-
clared by the Constitution, and those powers
only which are granted by that instrument.
Delegated powers are not sovereign powers,
but are powers granted by sovereignty
Sovereignty, being this highest political
power, cannot be delegated-iti is indivisible
it is unit, incapable of partition. Hence
the greht error of supposing that sovereign
ty is divided between the States and the U.
States.
THE Constitution of the United State is
the supreme law and obligatory as such /;
but law is not sovereignty, but an act of
sovereignty. All laws imply lawmakers !;
and in this case, those who framed and rati-
fled this supreme law were those sover-
eighties called the States, each acting ex-
clusively for itself, uncontrolled by any sis
ter State, except by the moral force of its
influence and example. The government
of the United States possessing. as we have
shown, no sovereignty, but only delegated
powers, to them alone it must look for the
exercise of all constitutional authority, in
Territories as well as in States, for there is
not single power granted by the Constitu-
ton to this government in Territory which
is not granted in State, except the power
to admit new States into the Union, which,
as shown by the Madison Papers, the franz
ers of the Constitution las first demonstrated
in my Texas letter. refused to limit to our
then eristing Territories. In the Terrific
ries, then, as well as the States, Congress
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