The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-01-07

tuition, the sovereignty OF the people OF
each State u Clearly reserved, and especially
their own exclusive sovereign right to form.
IN all It's entirety, their own State Constitu.
ton
shall not enter fully into the argument
Of this question at the present period. but
will merely state that tbs is the position J
have ever occupied, and my reasons for en-
tertaluing this position are clearly and dis
tinety vet forth in the printed pamphlet.
published over my signature, on the 9th ot
June, 1850, and then extensively circulated
from which quote as follows f" Under our
confederate system, sovereignty IL that high
q, political power which. at is pleasure
creates governments, and delegates author.
i,y 10 them. Sovereignty grants powers,
but not sovereign powers; otherwise il
might extinguish itself, by making the erca-
turc Of liz will the equal or superior Of rs
creator. Sovereignty makes constitutions,
and through them establishes governments
IL DELEGATES certain powers TO these govern
mcn,s, distributing the exercise Of the grant.
cd power among the legislative, executive
and judicial departments. The constitution
is not sovereign. because il il created by
sovereignty the government IL not soyer-
cign for the same reason, much less any de-
partment ~ that government. Having de-
fined sovereignty. We must not confound the
power with ia source or exercise. That is,
sovereignty ia one thing where il rsides,
nr how il il 10 be exercised Ia another. -
Under the system Of European dcspo,lsm
sovereignty was claimed to reside in kings
and e,g,erara. under The sacrlegiars idea 81
the divine right ~ kings and the hasphc-
nous doctrine was, that soyereigns, In legti-
mate Succession although stained with
crimes and bIackened with infamy--were
clothed by Deity with absolute power to
rule their subjects, who held nothing but
privileges grated by the crown. Snch
were the absurd and inipims dogma. to
which the people Of Europe, with few ey-
ceptions have been compelled to submit by
the bayoet-sustained by the more potent
authority of ignorance and superstition.
Under this theory the people were mere
ciphers and crowned heads subdeties--t the
sole representatives on earth Of the govern
ing power Of the Almighty. Our doctrine
il just the revere, making the people the only
source Of sovereign power. but what peo-
pie! With ~ sovereignty rests exclusively
with the people OF each State" BY the
Revolution, each colony, acting for itself
alone. separated from Great Britain and
sanctioned the Declaration Of independence.
Each colony having thus becouie "a State.
and each adopting Tor it4elf separate State
Government, acted for itself alone under the
old Continental Congress. Each State acted
for itself alone in accedng 10 the Articles of
Confederation In l1,I,s. and each State acted
for itself alone In framing and raiifving 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 IL
not sovereign Tor It was created bv the
States, each exercising for itself that highest
political power called sovereignty. For the
same reason the government OF the Uutei
States IL not sovereign, nor does il exercise
any sovereign power, II exercises only del.
cgate,l powers. IA declared by the Constitu-
tor, and those powers only which arr grant
ri by tina, instrument Delegated powers
are not sovereign powers. but are powers
granted by sovereignty. Sovereignty being
the highest political power. cannot be dele
gated. L, is udivsible II is u unit inca.
pable of partition. Hence the great error
Of surprising that sovereignty is divided be-
tween the States and the United States 49,
The Constitution of the United States il the
supreme law, and obligatory M such. But
a law ia not sovereignty but an act Of sov.
ccign,y, All laws imply lawmakers, and
in thosc who fnWu and ratified this "su.
prpme law, were those soycrcignties called
the States, each acting exclusively for itself,
uncontrolled by any sister State, except by
the moral force ot lts influence and example.
The government of the United States, pos
s-ssing. ~ we have shown. no sovereignty
hu, only delegated powers. To them alone it
must look Tor the exercise oi all eonstitn-
tioual authority in the Territories rs well
~ States for there il not single power
granted 10y the Constitution 10 this govern
mcnt in Territory, which il not granted
IN u State. exccp, the power 10 ADM, new
States into the Union, which. ~ shown by
the Madison papers, the trainers OF the Con
sti,ut,ou. rs first demonstrated hy NV first
Texas letter. refused 10 limit To our then eN-
isting Territories.
In the Territories then. sswcl a. the states
Congress Possesses no sovereignty and can rx.
,rcise only tho powers delegated by the Con
4 tuition. and all the powers not thus granted
are dormant or reserved powers, belonging IN
common territory 10 all the States a. coegual
iuint tenants there OF that highest political
power called sovereignty.
twill be perceived that this doctrine tina
sovereignty makes Constitutions that
sovereignty rests exclusively with the
people OF each State" that sovereignty
cannot bc delegated, that il is inalienahlc.
indivisiblc, u" uni, incapable OF partition.
are doctrines ever regarded by NE as fanda-
mental principles OF pnbllc liberty, and OF
the Federal Constitution. IL will be seen
that these views which have cnt rtaincd,
were not framed to suit an emergency in
Kansas. but wsrc my liie.long principles,
AMI wen, published and promulgated by mc
in an elaborate argument over INV own sig