The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1857-12-29

Madison, the principal founder of our Con
stitutiop, as shown by the letter of Hon.
Charles j. Ingersoll, Of Philadelphia, as
published in the Globe at Washington, in
1886. BY this clause of Federal Constitu.
tional sovereignty of the people, each State
is clearly reserved, and especially their own
exclusive right. TO form in its entirety their
own State Constitution.
shall not enter fully into tho argument
Of this question at this period, but will
merely state that this is the position have
ever occupied, and my reasons for entertain
ing this opinion are clearly and distinctly
set forth in printed pamphlet, published
over my signature, on the 18th June, 1856,
and then extensively circulated, from which
l 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 cxtinguish itself by ma
king the creature of its will the equal or
superior of its creator. Sovereignty makes
constitutions, and through them establishes
governments. 1t delegates certain powers
distributing the exercise of the granted
power among the legislative, executive and
judicial departments. The constitution is
not sovereign, for the same reason, much
less any department of that government"
"Having defined Sovereignty" We must
not confound the power with its source, or
its exercise. That is, sovereignty is one
thing, and where it resides OF how it is to
be exercised, is another. Under the sys
tenn Of European d'spotisms sovereignty
was claimed to reside in kings and emper-
ors, under the sacrilegious idea of the ''di-
vine right of kings" and the blasphemous
doctrine was, that soyereis ne, in legitimate
succession, although stained with crimes
and blackened with infamy, were clothed
by the Deity with absolute power TO rule
their subjects, who held nothing but the
privileges granted by the crown. Such
were the absurd and impious dogmas to
which tho people of Europe, with few cx
ceptions, have been compelled to submit by
the bayonet, supported by the more potent
authority of ignorance and superstition
Under this theory the people were mere
cyphers, and crowned heads sub-deities, the
sole representatives on earth of the govern
ing power of the Almighty. Our doctrine
is just the reverse, making tho people the
only source of sovereign power. But what
people? With us sovereignty rests exclu-
sively with the people of each State. By
the Revolution, each colony acting for it.
self alone, separated from Great Britain,
and sanctioned the Declaration of Indepen-
dence.
Each colony having thus become State,
and each adopting for itself its separate
State Government, acted for itself alone
under the old Continental Congress. Each
State acted for itself alone in acceeding to
the articles Of confederation in 1878, 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 tho
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
sovereignty.
For the same reason, the Government of
the United States is not sovereign, nor
does it exercise any sovereign powers. 1t
exercises only delegated powers" as de-
clared by the Constitution, and those pow
ers only which are granted by that instru-
ment. Delegated powers are not sovereign
powers, but are powers granted by sover-
eighty. Sovereignty being this highest
political power, cannot be delegated. 1t
is indivisable, it is unit incapable of parti-
ton. Hence the great error in supposing
that sovereignty is divided between the
States and the United States. The Con-
stitution of the United States is the su-
preme law, and obligatory as such; but
law is not sovereignty but an act Of sover-
eighty. All laws imply lawmakers, and
in this case those who framed and ratified
this supreme law were those sovereignties
called the States, each acting exclusively
for itself, uncontrolled by any sister State
except by the mere force of its influence
and example. The Government of the
United States, possessing, as we have shown
no sovereignty, but delegated powers, to
them alone it must look for the exercise of
constitutional authority in the Territories
as we'll as the States, for there is not sim
gle power granted by the Constitution 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, to fra
mers of the Constitution, as first demonstra-
ted in my Texas letter, refused to limit
our then existing Territories. In the Ter
Iitories then, as woll as the States, Con-
gress possesses no sovereignty, and can ex-
crcise only the powers delegated by the
Constitution; and all the powers not thus
granted are dormant or reserved powers,
belonging in common territory to all the
States as cocqual, joint tenants there of
that highest political power called popular
sovereignty. 1t will be perceived that this
doctrine that sovereignty makes constitu-
tions" that sovereignty rests exclusively
with the people Of each State" that 'sov-
ereignty cannot be delegated" that 'it Is
inalienablc, inadvisablc," "a unit incapable
Of PARTITION" arc doctrines ever regarded
by me as fundamental principles of public
liberty, and of the Federal Constitution
Il will be seen that these views which
have entertained were not framed TO suit
any emergency in Kansas, but were my life
long principles, and were published over