Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-03-17

presented?
By the constitution of the United States
''new States may be admitted by Congress
into this Union" and by the same instrument
it is provided that s.the United States shall
guaranty to every State in this Union a repub-
lican form of government" Under the first
of these clauses eighteen new States have
been admitted since the Union was formed
and two. besides Kansas, are now applying
for admission. The usual questions of in
quiry upon the applications of new States
have been
LIST. In relation to the number of the popu-
lation.
I'd. The regularity of the proceedings under
which the application has been made.
Sd. Whether the constitution presented be
republican in form.
In this case the attention of the committee
has not been directed to the question of pop
ulation. That point seems to be conceded on
all sides. Upon the point of legality and
regularity no question can arise. No State
ever before applying exhibited greater regu-
larity in her proceedings. On this point there
can be no doubt. The only other one as to
the republican form of the constitution-that.
too. seems to be equally clear, aud beyond
cavil or dispute.
What, then, are the objections to the recog-
milton of the constitution, and the admission
of the State under it? These, it is true. arise
mostly on matters outside of the record But
the committee propose briefly to notice them
in cOnnexion with some seemingly founded on
the face of the record itself
The first of the latter class is that urged by
Governor Walker. The main ground of his
opposition is the fact that the entire constitu:
tiOn has not been submitted for ratification to
popular vote. This objection rests upon
the assumption that the validity of every
constitution formed for the government of
any people depends upon its having received
such sanction. His argument, in his own
words, rests upon the principle that sove-
reignty is vested exclusively in the people of
| each State, and that it performs its first and
| highest function in forming State govern
| ment and State constitution. The highest
| act of sovereignty, in my judgment, can only
| be performed by the people themselves, and
cannot be delegated to conventions or other
| intermediate bodies"
That sovereignty is vested exclusively in
the people of each State. and that it performs
| its first but not highest function in forming
| State government and State constitution may
be granted. But that this first act of sove-
reignty in making constitution can only be
| performed by the people themselves, and that
| the power to perform it cannot be delegated
| to conventions or intermediate bodies, is not
| granted. Such doctrine is not only novel
| but utterly at war with all our past history.
In support of il Gov. Walker cites no author
| ity hut his own. He announces it as the con-
viction of his individual judgment, and the
only authority he refers to to sustain it is that
] of previous speeches made by himself, in which
| he had expressed the same opinion. But the
! position cannot be maintained, either on prin-
ciple or any recognised authority. Reason is
| against it. and so is precedent. When it is
admitted that sovereignty :" resides with the
people, and that it is inalienable," it does
| eli
| cute sovereign powers cannot be delegated by
| them to others. If that were so. there could
be no such thing as representative govern
| ment. No law could be passed except by the
people en- n,asse. This would uproot and over
| turn all our systems. 1t is the very essence of
sovereignty that it may act by itself or by
any other it may choose to appoint. The en-
actment Of all laws and the execution of them
| require the exercise of sovereign power as
necessarily as the formation of a constitution.
| A constitution is but a law. 1t establishes
the modes or channels through which the
sovereignty of the people is TO be exercised,
| not " IN pT0priIs persOnjs," but by chosen rep
rescntatives. The formation of such organic
| law cannot be said to be the higher act or
function of sovereignty. There can be no
higher act of sovereignty than the declaration
of war; fer this may put in jeopardy the exis-
tence of sovereignty itself; and yet in our
representative system this is left not to the
people themselves, but to their representa-
| tives.
Hence, though it be true that the formation
| of State constitution is the A" first function
of sovereignty" it does not follow that this
may not be performed by representatives
chosen and clothed with full power to act for
the people in this matter, as well as in all 9th
ers requiring the exercise of sovereign power.
! Logically considered, there is no more rea-
| Inv tha aLgn
| ton by Others clothed with full power to do so
| than that they can in this way put not only
! their political, but their individual existence
| in hazard upon the fortunes of war. The
formation of constitution requires, it is
| true, the exercise of sovereign power and so
! does the commOnest act of legislation. If the
| power to do one can be exercised by an agent
| or representative, so can the other; and such
has been the uniform understanding in this
country from the beginning of our history.
| The constitution of the United States was not
ratified by popular vote In all the States
it was adopted by conventions chosen by the
people aud clothed with full powers to act for
| them. In its provision for its own amend
ment it does not contemplate any ratification
by the people through popular vote TO give
validity to any such amendment. Such
| amendments are to be acted upon by the State
Legislatures. In all the old States, with one
exception, their first constitutions were form
ed and put into operation through the - inter
mediate body of convention. Massachu-
sets alone submitted hers to popular vote
The constitution of the State of Pennsylva-
mia, the native State of Governor Walker
that under which he was born and reared and
under which that great and prosperous Com
monwealth has grown up and attained her
present high eminence in wealth. power. and
renown, derived all its sanction by the people
through their representatives in convention.
The same is true of Mississippi, his once
adopted State; and the same is true of a ma
jority of the States of this Union. If Gov
Walkers judgment in this particular be ight,
then all these constitutions are necessarily in
valid. null and void; and we have neither
constitutions nor laws in more than half of
the States of the Union. This doctrine is ~
preposterOus as il is INDUSTRIOUS. Its bare
statement is enough to consign IL to general
repndiation and condemnation. The uniform
course in our past history has be,n, when a
new State applies for admission, TO see that
the sovereignty of the people has spoken
through its legally-constituted organs. The
question of submitting their constitution To- a
popular vote or not is one for the people,
and those whom they clothe with power to
determine this question, as well as Others for
them. la the case of Kansas, in the first act
appended to this report, exhibit l. it was pro-
| vided to take the sense of the people upon
the question oil providing by law Tor the cal
| ling of a convention TO form constitution,
and by lac To define the powers duties of
the convention. This will be seen by the
section Coy Of the act. The vote was almost
unanimous for the Legislature TO call a con-
vention and 90 define It's duties. But few votes
vSss~ .-s..s .rs-s--- - SrAi-. ~Fs.ss Sam the
statement Of Mr.. Calhoun, appears from pub
Tic documents accessible TO all. The legisla-
ture did call n convention. They could have
her fn guh tfssfr "a. h..
people. This was "a matter for their own dis
creilon; but this they did not do. This con-
vention was elected with unlimited and picn-
AIRY powers. That such convention could
be so clothed no one can doubt who is ac-
quainted with the history of similar bodies.
They, therefore, had full power, at their own
discretion, 10 submit the whole constitution