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

WASHINGTON, d. C.
THURSDAY, SEPTEMBER 9, 1859.
POPULAR SOVEREIGNTY.
What is the meaning int nded TO be convey.
ed by the phrase popular sovereignty" which
has been recently much used in our politics
The principle has, we apprehend, full weight in
the States where the majority govern under
constitutional restrictions imposed by the peo-
pie themselves. They frame their organic law,
alte. and revise it, enlarge or diminish the pow.
or of those to whom the Government is intrust
ed, and constitute, in fact and theory, the gu.
preme will.
The Territories are not invested with this
sovereign power. The inhabitants, while in a
Territorial condition, have such Governmsnt
Is Congress may grant them, but no Coustitu-
ton of their own creating. Their organic law
is merely an act of Congress, which specifies to
what extent they may exercise the rights of self:
government Within the limitations prescribed
by the act of Congress, they may act but they
cannot take upon themselves the sovereign
power while in this dependent condition. The
people of Territory, therefore, are not su-
preme, and popular sovereignty is not
theirs until, emerging from that condition, they
take upon themselves the responsibilities of
sslfgovernment. Yet, in the discussions that
have been had on this subject by our wise leg
islators, very few have made any rightful dis.
ordinations, but seem to suppose that the peo-
pie of Territory, like the people of State,
are endowed with popular sovereignty.
Again We remember to have read speeches,
and labored essays, and editorials, concerning
popular sovereignty" in some of the cities
whose charters had been modified and amended
by the legislative assemblies of the States with
II which these cities are situated. Without
expressing any opinion on the wisdom or merits
of those amendatory laws, or inquiring into
their constitutienality, which the tribunals of
their State must decide, it is arrant nonsense to
talk of popular sovereignty in these mum.
cipalities. The Legislature may transcend its
power, and do an unconstitutional act, which is
q mere nullity in itself; but the sovereignty is
in the State authorities, and not in the cities
which are created by the State. It is the sov.
ereign 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 Terrific.
ries, and clothes the people 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 sovereign beyond what the
supreme authority has granted them in their
municipal or territorial capacity.
But "popular sovereignty is engaging the
attention and becoming a test of parties in
Federal politics; and yet we have seen from
none of the speakers any clear and well-de6ned
meaning of the phrase. The truth is, the
Federal Government is not strictly a popular
Government. The people do not vote for the
Executive, nor the Senate, nor for any officer
of the Federal Government, except the imme-
date representatives of their respective dis
tricts. A majority of the people may wish and
vote for electors favorable TO particular candi-
date, and yet fail to elect him. A minority may
legally and constitutionally elect a President
over competitor who has q much higher DOB.
ular 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
making President or choosing Representatives.
Under these circumstances, what is meant by
popular sovereignty" in the Federal Govern.
ment-a Government of States the pop.
ular element has but limited direct effect
The Senate, which has equal legislative power
with the House of Representatives, which has
check upon most Of the important acts of the
Executive department. exercising in fact legis.
lative, executive, and, in important cases, Judi.
dicial power, is composed of members elected,
not by the people, but by the States. They
are the representatives 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 supremacy, nor does the
popular element enter into it. There is equal.
ity of representation 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 representative branch,
there is inequality, growing out of the mixed
basis.
popular sovereignty" then, is not the char.
acteristic of our federative system, but it is of
the State Governments; and herein is marked
distinction between those who are of the con.
solidation school in politics, and those who main
tain the doctrine of State Rights. Our State
Governments are popular, the Federal Govern
ment is not. The States possess primitive
powers, the Federal Government only those
which are derivative. The States made the
Federal Government, not the Federal Govern.
eminent the States and the States may, e
their pleasure, enlarge or diminish the author.
ity of the Federal Government amend,
or revise the Federal Constitution-but it il
not within the province of the Federal Govern.
nent to alter the Constitution or narrow the
Jurisdiction of any one of the States. &" Popular
sovereignty" alone can change the Constitution
or Government of State. 1t lies at the found.
alton of our whole system, because it is the
basis of free Government on which our States
are built up; but the Federal Government Is Q
superstxucture of different character, being
union of those States which have confedera.
ted together for certain specific purposes, and
delaOafad IN coDtr>l