The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1858-09-30
From the National Era.]
POPULAR SOVEREIGNTY.

From the National Era
POPULAR SOVEREIGNTY.
What is the meaning intended to be
conveyed by the phrase popular sover-
eignty," which has been recently much
used in our politics ? The principle has,
we apprehend, full weight in the States
where the majority govern under consti-
tutional restrictions imposed by the peo-
pie themselves. They frame their or
ganic law, alter and revise it, enlarge or
diminish the power of those to whom the
Government is intrusted, and constitute,
in fact and theory, the supreme will.
The Territories are not invested with
this sovereign power. The inhabitants,
while in Territorial condition, have
such Government rs Congress may grant
them, but no Constitution of their own
creating. Their organic law is merely
an act of Congress, which specifies to
what extent they may exercise the rights
of elf-government. Within the limita-
tons prescribed by the act of Congress,
they may act; but they cannot take up
on themselves the sovereign power while
in this dependent condition. The peo-
pie of Territory, therefore, are not su-
preme, and popular sovereignty" is
not theirs until. emerging from that con-
dition, they take upon themselves the
responsibilities of self-government. Yet.
in the discussions that have been had on
this subject by our wise Legislators, very
few have made any rightful discrimina-
tions, but seem to suppose that the peo-
pie of Territory, like the people Of a
State, are endowed with popular sover-
eighty.
Again we remember to have read
speeches. and labored essays, and edito-
rials, concerning popular sovereignty, +"
in some of the cities whose charters had
been modified and amended by the leg
islative assemblies of the States within
which these cities are situated. With
out expressing any opinion on the wisdom
or merits of those amendatory laws. or
inquiring into their constitutionality,
which the tribunals Of their State must
decide, it is arrant nonsense to talk OF
popular sovereignty" in these munich
palities. The Legislature may transcend
its power, and do an unconstitutional act,
which is mere nullity in itself; but the
sovereignty is in the State authorities,
and not in the cities which are created by
the State. 1t is the sovereign power OF
the State which grants charters to the
cities, and endows the inhabitants, with
in certain defined limits, with special
privileges, as the Federal Government
organizes Territories, and clothes the peo
pie with specified powers. Within the
range Of their organic act, the people OF
the city or territory may exercise the
powers and privileges that are permitted
them, but neither is soverei0u. beyond
what the supreme authority has granted
them in their municipal or territorial ca
pacity.
But popular sovereignty is engag
ing the attention and becoming a te st O
parties in Federal politics; and yet we
have seen from none of the speakers any
clear and well-defned meaning of the
phrase. The truth is, the Federal Gov
ernment is not strictly popular govern
nient. The people do not vote for the
Executive, nor the Senate, nor for any
officer of the Federal Government, ex-
cept the immediate representatives OF
their respective districts. A majority of
the people may wish and vote for electors
favorable to particular candidate, and
yet fail to elect him. A minority may
legally and constitutionally elect Presi-
dent over competitor who has much
higher popular vote given for electors
favorable to that competitor. Moreover,
the mixed basis gives almost. twice the
power to the voting population of South
Carolina over those of Vermont, in max
ing President or choosing Representa-
tives. Under these circumstances, what
is meant by popular sovereignty" in
the Federal Governments Government
OF States-when the popular element has
but limited direct effect? The Senate,
which has equal legislative power with
the House of Representatives, which has
q check upon most of the important acts
of the Executive department, exercising
in fact legislative, executive, and, in i'm
portant cases. judicial power, is composed
Of members elected, not by the people,
but by the States. They are the repre-
sentatives of sovereignties, all of which
are recognised as possessing equal polit-
ical rights, whatever their numbers,
whether one hundred thousand or three
millions. This, then. is not popular su-
premacy, nor does the popular element
enter into it There is equality of rep
resentation to the States. but not to the
people, in the construction of the Senate,
nor is the President elected upon the
popular basis and even in the represen-
tatiye branch, there is inequality, grow
ing out Of the mixed basis.
Popular sovereignty" then, is not
the characteristic Of our federative sys-
tenn. but it is of the State Governments !;
and herein is marked distinction be-
tween those who are of the consolidation
school in politics, and those who main
tain the doctrine of State Rights. Our
State Governments are popular, the Fed
eral Government is not. The States made
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