The Kansas herald of freedom., 1858-01-09

I
reserved, and especially their own exelu-
sive right to form in its entirety theil
own State Constitution. | shall not en-
ter fully into the argument of this ques-
ton at this period, but viii merely state
that this is the position / have ever oecu-
pied, and my reasons for entertaining the
opinion are clearly and distinctly set
forth in printed pamphlets, published
over my signature on the 18th of 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 govern
ments and delegates authority to them
Sovereignty grants powers, but not sover-
eign powers. otherwise it might extin-
guish itself by making 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 powers among
the legislative, executive and judicial de-
partments. The Constitution is not SOW
ereign for the same reason, much less any
department of that Government Hav-
ing defined sovereignty, We mtlst not
confound the power with its source or its
exercise. That is, sovereignty is one
thing and where it resides or how it is to
be exercised is another. Under the sys-
TEN of European despotisms sovereignty
was claimed TO reside in kings and empe-
rors, under the sacrilegious idea of the
divine right of kings" and the blasphe-
nous doctrine was that sovereigns, in le-
gitimate succession, although stained with
crimes and blaekened 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 dog
mas to which the people of Europe, with
few exceptions, have been compelled to
submit by the bayonet, supported by the
more potent authority of ignorance and
superstition. Under this theory the peo-
pie were ciphers, and crowned heads sub
deities the sole representatives 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 Revolution
each colony acting for itself alone, sepa-
rated from Great Britain sanctioned the
Declaration of Independence.
Each colony having thus become a
State, and each adopting for itself its sep
arate State government, acted for itself
alone under the old Continental Congress
Each State acted for itself alone in acced-
ing to the Articles of Confederation in
1778, and each State acted for itself alone
in framingand ratifying, each for itself,
the Constitution of the United States
Sovereignty, then, with US, rests exclu-
sively 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 DO
litical 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
powers only which are granted by that
instrument. Delegated powers are not
sovereign powers, but are powers granted
by sovereignty. Sovereignty being the
highest political power, cannot be dele
gated. 1t is indivisible, it is unit inca
pable of partition. Hence the great error
of supposing that sovereignty is divided
between the States and the United States.
The Constitution of the United States is
the supreme law" and obligatory as such,
but law is not sovereignty but an act of
sovereignty. Alilaw implies law makers,
and in this case those who framed and
ratified this supreme law'' were those
sovereignties called the States, each act
ing exclusively for itself, uncontrolled by
any sister State, except by the moral force
of its influence and example. The Gov
ernment 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 constitution
al authority in the Territories as well as
the States, for there is not single power
granted by the Constitution of this Gov
ernmeEt in Territory which is not grant
ed in State, except the power to admit
new States into the Union, which, as
shown by the Madison papers, the trainers
of the Constitution, as first demonstrated
in my Texas letter, refused to limit our
then existing Territories. In the Terri
tories then, as we'll as the States, Congress
possessed no sovereignty, and can exercise
only the power delegated by the Constitu-
ton; and all the powers not thus granted
are dormant or reserved powers, belong
Ing in common Territory to all the States
as coequal joint tenants there of that
highest political power called popular
sovereignty" It will be perceived that
this doctrine that sovereignty makes
Constitutions" that sovereignty rests ex-
clusively with the people of each State, "
that sovereignty cannot be delegated -
that Z" it is inalienable, indivisible," "a
unit incapableOf PARTITION" are doctrines
ever regarded by me as fundamental
principles of public liberty, and of the
Federal Constitution. 1t will be seen
that these views which have entertained
were not framed to suit any emergency IN
Kansas, but were my lifelong principles
and were published over my own sigma
ture twelve months before my departure
to that Territory, and when ! never
thought of going to Kansas. These rights
l have ever regarded as fully secured tC
the people of "all the Territories in
adopting their State Constitution, by the
Kansas and Nebraska bill Such is the
construction given to that act By Congres;
in passing the Minnesota bill, SO justly
applauded by the President. Such is the
construction of this Kansas act by Its dis
tinguished author, not only in his latt
most able argument, but in addresses
made and published by him long anteee'
dent to that date, showing that this soy.
ereigu mower of the people IN acting
| upon State Constitution, is not confined
to the question of Slavery, but include:
all other subjects, embraced in such an in
strument. Indeed, I believe the kaHsa
and Nebraska bill would have violates
the right of sovereignty reserved to tn
people of each State by the Federal Con
stitution, if it had deprived them. or Con
gress should now deprive them of tn