San Andreas independent., 1858-01-23

! though stained with crimes and blackcneG
with nfamy-wcrc clothed by Deity with alb
solute power to rule their subjects, who hele
nothing but privileges granted by the Crown
/ Such were the absurd and impious dogmas Il
which the people of Europe, with few excep.
tions, have been compelled to submit by tht
.bayonet-sustained by the mere potent author
/ ity OF ignorance and superstition Under thi:
theory, the people were mere ciphers ard
crowned heads sub-deities-the sole represen.
tatives on earth, of the governoring power O
the Almighty. Our doctrine is just the re-
verse. making the people the only source O.
sovereign power. Bnt what people? Will
US, sovereignty rests exclusively with the peo.
| pie of each State. BY the Revolution, eacl
colony, acting for itself alone, separated from
Great Britain, and sanctioned the Declaration
of independence. Each colony having thu:
become State, and each adopting for itsel
its separate State Government, acted for itsel
alone, under the old Continental Congress-
Each State acted for itself alone in accedne
to the Articles of Confederation in 1878, ant
each State acted for itself alone in framing
and ratifying each for itself, the Constitution
of the United States. Sovereignty, then, with
us, rests exclusively with the people of each
State. The Constitution of the United States
is not sovereign, for it was created by the
States, each exercising for itself that highest
! political 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 ''del-
egated powers" as declared by the Consttu-
tion, and those powers only which are grant
/ ed by that instrument Delegated powers are
not sovereign powers, but arc powers granted
by sovereignty. Sovereignty being this high
est political power, cannot be delegated. II
is indivisiblc. 1t is unit, incapable of par
ttion. 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 'Suprcme law and
obligatory as such. But a law is not sove-
regnty, but an act of sovereignty All laws
imply 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 States, except by the moral force of its
influence and example. The Government OF
the United States, possessing, as we have
shown, no sovereignty, but only delegated
powers, to them alone it must look for the ex-
ercise of all Constitutional authority in Ter
ritories rs well as States: for there is not a
single power granted by the Constitution to
this Government in Territory, which is not
granted 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 first
Texas letter, refused to limit to our then exis-
ting Territories.
In the Territories then, as well rs the
States, Congress possesses no sovereignty and
can exercise only the powers delegated BY the
Constitution, and all the powers not thus gran
tee are dormant or reserved powers, belonging
in common territory to all the States as CO.
equal joint tenants there of that highest po-
litical power called sovereignty"
1t will be perceived that this doctrine that
Sovereignty makes Constitutions" that "sove-
reignty rests exclusively with the people OF
each State" that sovereignty cannot be del
egated;" that sit is inalicnablc, indivsibe, =
"unit incapable of PARTITION are doctrines
ever regarded by me as Fundamental princi-
pies of public liberty, and of the Federal Con-
stitution. 1t will be seen that these views
which have ever entertained, were not franz
ed to suit any emergency in Kansas, but were
my lifelong principles and were published
and promulgated by me in an elaborate argu-
ment over my own signature, twelve months
before my departure to that Territory, and
when never thought of going to Kansas
These rights have ever regarded as fully Sc
cured to the people of ''all the Territories il
adopting their State Constitution by the Kan.
sas Nebraska bill. Such is the construction
given to that ac; by Congress, in passing the
| Minnesota bill, so justly applauded by the
President. Such is the construction of this
Kansas act by its distinguished author moi
only in his late most able argument, but in
addresses made and published by him long
antccedent to that date, showing that this
sovereign power of the people in acting upon
a State Constitution is not confined to the
question of slavery, but includes all other
subjects embraced in such an instrument
Indeed, | believe the Kansas and Nebraska
bill would have violated the rights of sove-
reignty reserved to the people of each State
by the Federal nsttuton, if it had deprived
them, or Congress should now deprive them of
the right of voting for or against their State
Constitution.
The President, in his message, thinks that
the rights secured by this bill to the people, in
acting upon their State Constitution, are con-
fined to the slavery question but think, as
shown in my address, before quoted, that
sovereignty is the power that makes Consti-
tutions and Governments" and that not only
the slavery clause in a State Constitution, but
all others, must be submitted.
The President thinks that sovereignty can
be delegated, at least in part. think sove-
reignty cannot be delegated at all. The Pres
ident believes that sovereignty is divisible be-
tween conventions and the people, to be exer-
cised by the former on all subjects but slavery,
and by the latter only on that question:
Whereas, think that sovereignty is 'inalen-
able. ''indivisible," "a unit incapable of par
tition," and that it cannot be- delegated in
whole or in part. 1t will not be denied that
sovereignty is the only power that can make a
State Constitution, and that it rests exclusively
with the people and if it is inalienable, and
cannot be delegated as | have shown, then it
can only be exercised by the people themselves
Under our Government we know no soveregns
but the people. Conventions are composed oil
delegates they are mere agents or trustees
exercising not sovereign but a delegated
power, and the people are the principals. The
power delegated to such Conventions can
properly only extend to the framing of the
Constitution; but its ratification or rejection
can only be performed by the power where
sovereignty rests-namely, the people them
selves. We must not confound sovereign with
delegated powers. The provisional authority
of a Convention to frame a Constitution and
submit it to the people is delegated power