Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-02-24

constitution of Pennsylvania was adopted in the
year 1886 by minority of the whole people Of
Pennsylvania. And yet you talk to me of pop
uar sovereignty. Such was the case in Virginia.
The last constitution Of Virginia is the act of
minority OF the people, if you estimate the num-
Der OF votes cast in the regular State election.
All our experience proves that the vote given
upon the ratification or rejection Of any State
constitution is relatively smaller than the vote
cast at any excited political election. The rea-
son possibly may be that the fundamental prin-
cipes of our Government are so well settled
that one State constitution is merely the reflex
or transcript of another; and the people feel
stronger the necessity of selecting proper men
TO carry out those principles, than they 30 in
the mere elemental euunciation of the principles
themselves.
Sir, the whole theory OF four Government pro-
cceds upon the assumption that the people can
not be in default, or derelict to themselves, be-
cause the power subject to legal restrictions, is
always in their own hands. After constitu-
ton has been put in operation, they arc stopped
from reSortng to any means to disturb 1t, cx-
cept the legal means; and using these, and these
alone they can only remedy the consequences
of Their own folly in abstaining from voting, or
in absenting themselves from the polls. These
undcniable truths have a direct application in
the case now before us and for that reason
ask that three editorials from the Herald of Free
dom, the organ of the Republican party in Kan
sas, may be published herewith as appendix
No. l.
The great American idea-that which diStin-
cuisines this from all other Governments which
havelexiSted-cOnsistSi in the exercise of the pow
ers of the people by delegation representation.
While popular sovereignty, acting by majo,ities
must act under the laws, it is precisely because
the people cannot act in mass that the right 10
choose representative is each citizens portion
i
of the people be ascertained, the law must pre-
scribe the mode and the manner in which that
will shall be designated and expressed. If any
portion of the people, it boots not why, do not
choose to avail themselves OF their own rights
under the law, they must necessarily and una
voilahly be governed by those who do. Any
other liberty than this IS not American ibery
it is Partisan liberty it is Mexican liberty. The
operation of our system under these restrictions
becomes harmonious rnd beautiful; and the bal
lot box with us become as infullible as the mag
ic box of the enchanter which healed every
wound and cured every disease.
The American distinction between a conven-
in power and authority. A Legislature can act
under constitution; and 1t Is the only compe-
tent body to call n convention to change it
Through these mediums the whole power and
majesty of the people are as fully exercised as
If each man were present as an active participa-
tor. 1t is, indeed, the percolation Of the will
of the people through the Legislature, and
thence through n convention, that, like the ill
tration of water through porous stones, clears
and purifies it. The people can exercise no act
of supremacy or legislation at all, except by as
sembling all in mass convention of the whole
State, and taking the vote by the head, or by
chosen representatives. As the first is impoS-
sible, the last became here the grand advanced
idea in politics; and the exercise of individual
yva tn m M
of Representatives, with such powers as the peo-
pie decided to give them. The very power com
potent to bind the people in other respects is
competent to bind them in the formation of a
constitution. The idea of resubmiSSiOn to the
people themselves of constitution for ratiiica-
ton or rejection, or Legislative acts which they
had expressly authorized, was not-the idea OF
republicanisn Mt the era of the Revolution, nor
at the time the Federal Constitution was form
ed. That great instrument, the most majestic
product of intellect in the world is not the work
of the people of the Union, whole or an
aggregate mass. There is no provision any
where in it, nor no law passed under it, nor no
stipulation by the Federal convention, by which
it was possible to ascertain whether Il majority
of the whole people of the United States, count
ed by numbers, were in favor of it or not
John Adams, in one of his letters to Jay, saws
if it had been submitted directly to the people,
it would have been voted down. 1t came very
near being defeated in several of the State con-
ventions by the delegates of the people who
were empowered to consider. 1t was the dis
cusSion and scrutiny of deliberative bodies
which saved it, to throw its broad blessings over
this continent Four of the present States of
this Union, contained majority of the whole
population, could have rejected the Constitution,
and yet it would have been binding as Con-
Stitution of the United States upon the nine
States which ratified it, containing minority
Of the people.
The Declaration of Independence ITSELF was
not the act of the people, counting by the head
That great deed which changed our relations to
the whole world, never was submitted to the
people. 1t was the work of delegates appoint
ed by convention in each of the colonies,
each colony acting for itself They were vested
with general grant of power, 40 consent and
agree to ali measures which said Congress shall
deem necessary to obtain redress for American
grievances" They announced themselves as
acting as the representatives Of the United
States, in general Congress assembled, when
they appealed to ale Supreme Judge of the
world for the rectitude of their intentions.
Rhode Island existed from the Revolution up to
1912, under royal charter from Charles H..
granted in 1868. But from the firsl colonial
formed by Virginia 9Th July, I776
down the last of the original Thirteen. not one
OF them was submitted to the mamie. bnt thni-