The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-09-09

States and legitimate popular sovereignty
could justify such enormi;y. 1t is gratifying
that this fiagrant attempt by usurped, despctlc,
central power, has received such en- emphatic
rebuke and condemnation, and the rights OF the
people and the rights of the States have been
so nobly indicated.
Popular sovereignty" under our system, IS
peculiarly an attribute of the people OF a State.
1t does not pertain to municipalities, except 80
far forth as the State in whom sovereignty 10
vested may grant authority and privileges to
such municipalities-ncr to Territories, except
as the Federal Government lin which is sover-
eighty over the domain without the limits of the
States) may order-nor is it in the Federal Gov
eminent, which has merely restricted and speci'
fed 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 popula-
ton. That is, the voters in each State are
possessed. each, of equal rights and power with
every other voter, and the population of every
locality has the same rights and privileges of
every locality in the elections-no more, and no
less. The candidate for Governor, for instance,
having q majority of the consolidated vote of
the whole State, is the representative of popu-
lar sovereignty, and elected.
But no such principle obtains in the Federal
Government. Were the People to vote direct
for President and Vice President, strict popu-
lar sovereignty would prevail; but it would be
at the expense of the federal principle. The
State of Delaware would, on the popular prin-
ciple, lose nearly, and probably quite, two
thirds of her present relative strength. South
Carolina would lose onehalf, 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, IN
der consolidated system of direct voting, be
more potential, and cast larger vote than
South Carolina, which has six Representatives
and eight electoral votes. Popular Sover-
eighty" is not therefore the basis of our federal
system. A majority of the People must always
elect 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 control 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 right which the States
have reserved to themselves, and never deputed
to the central power. 1t is stipulated in the
Federal Constitution, that the qualifications of
electors of Representatives in Congress shall
be the same as for electors of the most numer.
Gus branch of the State Legislatures but the
States reserve to themselves respectively to de-
eide what those qualifications shall be. They
are different in different States. There is
and can be no uniformity on the subject, and
consequently there cannot be popular sover-
eighty in the Federal elections. The Repre-
and the electoral colleges are elect
ed on different bases in the States, and in some
of them the latter have been elected by dis.
tricts and by the Legislature.
Nor do cities or Territories, concerning
which there is much meaningless talk of pop
ular sovereignty" prescribe the qualifications
of voters. The Legislatures and the Constitu-
tons of the States do this for their respective
municipalities, and Congress in the organic
act of the Territories, with sometimes permits.
sion for the Territorial Legislature to establish
suffrage.
The fsllacy of equatter sovereignty, which,
though now exploded as humbug, was for a
time the test of party, and befcgged multitudes
of partisans, who neither understood nor COM
pretended nor desired to know the principles
they advocated. Grave Senators talked OF
later day of Territorial sovereignty, kindred
humbug to that of squatter sovereignty, as if
they believed or comprehended such princi-
pie. We are now having the chimes rupg on
G. popular sovereignty" in not only the cleo.
tiops of the States where it is legitimate, but in
its application to Federal, Territorial, and mu-
nicipal elections also, as one and indiscrimi-
nate. Would it not be we'll for statesmen,
legislators, and politicians, who are now prep.
nant with this subject, to define what they mean
by its use. Practically, the Administration
has endeavored to override and trampIe under
foot this great principle, in the important mat.
ter of forming Constitution or organic law
for the government of a State. 1t would have
been, if successful, monstrous stride towards
consolidation, tending to the destruction of
State rights and popular rights. Having mis-.
applied power in vain endeavor to impose
upon the people Constitution which they did
not want and would not accept, it is now init.
mated that, by like abuse of power, the Cen.
trail Government will oppose admttance to the
Union Of the same State and people, when, in
the rightful exercise of popular sovereignty"
they shall have formed and adopted Consti.
tuition for their own government. Against
such an abuse of authority, such denial to
the people the rightful exercise OF their inhe.
rent rights, there can scarcely be a divided
opinion among our countrymen.
Nthe people of Territory have the numbers
and resources that will justify them in taking
upon themselves the responsibilities and duties
appertaining to sovereignty, that is sufficient.
Congress and the Executive have already deci
ded this question and it will not answer for the
central authorities to say, that because the peo-
pie would not accepta particular instrument die.
tated to them by the Federal Government, they
shall not be permitted to exercise sovereignty,
and form an organic law for their own govern.
meut at any time they please hereafter. This
would BE- resumption of power by the Federal
Government, after having once acknowledged
that it rightfully belonged to the people in inter
est-a despotic blow at popular sovereignty that
could not be acquiesced in.
In our country and under our system, popu-
Ia, aovete;0ntv nrevai1s and ia bea,d ard hos