The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1858-09-30

superstructure Of different character,
being a union of those States which have
confederated together for certain specific
purposes, and delegated to central Gov
ernment certain powers, which are emu
merated in the constitutional compact
which created it. All powers not grant
ed, the States expressly reserved.
On repeated occasions, the Federal
Government has transcended it's powers,
and arrogated to itself authority never
delegated. The most aagrant, unwar-
ranted, and despotic instance of attempt
ed usurpation, was that recently made to
inflict upon Kansas a Constitution to
which the people were opposed, and
which, in the legitimate exercise of !" pop
ular sovereignty" they emphatically
condemned and rejected. If the Federal
Government could dictate the Constitu-
ton of Kansas, they could that of any
State, and thus extinguish and destroy
the rights of the States. But no such
power was ever delegated to the central
Government, and no honest supporter of
the rights of the States and legitimate
popular sovereignty" could justify such
enormity. 1t is gratifying that this fla
grant attempt, by usurped, despotic,
central power, has received such an en-
phatic rebuke and condemnation, and the
rights of the people and the rights Of the
States have been SO nobly vindicated.
Popular sovereignty" under our
system, is peculiarly an attribute of the
people Of State. 1t does not pertain to
municipalities, except so far forth as the
State in whom sovereignty is vested may
grant authority and privileges to such
municipalities-nor to Territories, except
as the Federal Government Tin which is
sovereignty over the domain without the
limits Of the States) may order-nor is
it in the Federal Government, which has
merely restricted and specified authority
and jurisdiction, conferred upon it by the
States in their sovereign capacity. In
order to have popular sovereignty"
there should be popular equality, and
this is the case in the States on the part
of the voting population. That is, the
voters in each State are possessed, each,
of equal rights and power with every 9TH
er voter, and the population of every To-
cality has the same rights and privileges
Of every locality in the elections-no
more, and no less. The candidate for
Governor, for instance, having maiori-
ty of the consolidated vote of the whole
State, is the representative of popular
sovereignty, and elected.
But no such principle obtains in the
Federal Government. Were the people
to vote direct for President and Vice
President, strict popular sovereignty
would prevail but it woald be at the
expense of the federal principle. The
State of Delaware would, on the popular
principle, lose nearly, and probably quite,
two-thirds other present relative strength.
South Carolina would lose ope-half, in
consequence of the withdrawal of the
Senatorial excess, and the slaves not
voting. Vermont, which has but three
Representatives in Congress, and which
casts but five electoral votes, would, un-
der consolidated system of direct vot-
ing, be more potential, and cast a larger
vote than South Carolina, which has six
Representatives and eight electoral votes.
Popular Sovereignty" is not, therefore,
the basis of our Federal system. A ma
jority of the people must always elect a
Governor, for the reason that popular
sovereignty prevails in the States but it
by no means follows that majority of
the people in the whole Union can con-
troll the election Of President, because
popular sovereignty is not the rule in
| that election.
Moreover, the Federal Government
cannot prescribe the qualifications of
electors of its own officers. This is a
right which the States have reserved to
themselves. and never deputed to the
central power. 1t is stipulated in the
Federal Constitution, that the qualifica-
tons of electors of Representatives in
Congress shall be the same as for electors
of the most numerous branch of the
State Legislatures but the States reserve
to themselves respectively to decide what
those qualifications shall be. They are
different in different S,ates There is,
and can be, no uniformity on the SUBJ
ject. and consequently there cannot be
popular sovereignty in the Federal elec-
tions. The Representatives, and the cleo
toral colleges are elected on different ba-
ses in the States, and ia-some of them
the latter have been el6cUd by districts
and by the Legislature.
Nor do cities or Territories, corncern-
ing which there is much meaningless talk
of popular sovereignty" prescribe the
qualifications Of voters. The Legislatures
and the Constitutions Of the States do
this for their respective municipalities.
and Congress in the organic act of the
Territories, with sometimes permission
for the Territorial Legislature to estab-
lish suffrage.
The fallacy of squatter severe ignty,
which. though now exploded as hum
bug, was for time the test of party. and
befogged multitudes of partizans, who
neither understood nor comprehended
nor desired to know the principles they
advocated. Grave Senator'S talked at
later day Of Territorial sovereignty, a
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