The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-02-08
WHERE sovEREIGpTY RESIDES.


A correspondent has called our attention 70 an eN-
tract from speech delivered not long since in the
House Of Representatives The extract Is as follows
% In every liberal government sovereignty resides IN
he Legislative department. The executive and judicial de-
partments are only subordinate and auxiliary branches
The principles thus announced are essentially new
and unknown to our constitution A standard Law
Dictionary says 'SovERErGNrY is the union aud
ercise Of all human power possessed in State it is
combination Of all power it is the power to do
everything in State without accountability TO
make laws to execute and apply themi to impose
and collect taxes and levy contributions TO make
war or peace; to form treaties Of alliance or Of
commerce with foreign nations, and the like Abb
stractedly sovereignty resides in the body of the ma
ton aud belongs to the people. Butthese powers are
generally exercised by delegation. Rousseau held
that the people could not delegate their sovereignty
and that therefore representative government was
monstrosity. Locke's opinion, which prevails with
MS, was sombre, According to him, when analysed,
sovereignty is divided into three great powers
namely the Legislative the executive, and the judi
ciary the first is the power TO make the laws, and
to and repeal the old the second is the pow
CT to execute the laws both at home and abroad ;
and the last is the power to apply the law to par
ticular facts, to judge the disputes which arise
among citizens and to punish crimes. Strictly
speaking, in our republican form of government,
the absolute sovereignty of the nation is in the peo
pie Of the nation. This is the constitutional and le
gal definition, aud is sustained by Story on the con-
sttution, and the decisions of the Supreme Court
The federal like the State constitutions, recognises
the fact that the sovereignty resides in the people.
That instrument commences with these significant and
emphatic words We the people of the United States,
in order to form perfect union establish justice,
insure domestic tranquility, provide for the COM
mon defence, promote the general welfare, and Sc
cure the blessings of liberty to ourselves and our
posterity do ordain and establish this constitution
for the United States of America" In the body of
the instrument three great departments pro-
vided--the legislative, executive, and judicaland
70 each are assigned its functions and duties, and all
are limited Neither is made supreme over the
other nor is either declared subordinate, according
to the members theory. The sovereign people have
made each department subordinate to their will ex-
pressed in the constitution Sovereignty resides
with them, aud not with the legislature. 1t is
a new thought that Congress is to assume that
sovereignty resides in that body, and not with
those who made the constitution and conferred
upon its members a delegated power, limited to
legislation upon limited number of subjects,
aud restricted as to them in the extent of action
The member in question doubtless spokc--what
those of his coterie and all the opposition feel
that the lawmakers are supreme in power and
-.
are unaccounable for its exercise, and especially
when intended to batter down democratic prin-
cples and those who sustain and support them
A party exists among us and is struggling
to secure and WELD the political power of the
nation which substantially ignores the real SOW
eregnty of the country and the constitution
which it created. 1t repudiates the constitution and
it's obligations and appeals to higher law than that
instrument recognises. We find where such
higher law has its location, and that it rests in the
Legislative branch of the government. Sovereignty
can do as will and is unaccountable, because it has
no superior, and to call it TO account for
rJr folly or crime This theory of vestng it in Con-
gress is exactly suited to the exgcncies of the most
rabid abolitonsts or the wild vagares of their STEP
brothers the blackrepubcaus. If sovereignty rests
in the legislative branch there can be no limit to the
power of miustering to the wants of these relations
Laws whether constitutional not Congress can re-
quire their assumed subordinaes the executive and
| Judiciary, to execute and enforce. New alien and
sedition laws can be enacted and the executive and
| Judiciary must hold them valid and execute them
Congress make it criminal tospeak disrespectfuly
of its members, or to question their supremacy and
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