Delaware inquirer. (Wilmington, Del.) 1859-18??, 1860-04-07
For the Delaware lnluirorJ
ON POPULAR SOVEREIGNTY,
WILMINGTON, March 21th, 1H

same time give our views npOn IL for SO com.
picated are the views Of men In relation TO this
subject, that one may as well attempt to de-
scribe the Christian religion and tell what 1t is
as II now exists, rs to explain mems views
about!popular Sovereignty. In the invcstiga-
ton of this subject it may be necessary first, to
define the meaning of the term popular. The
word popular, in this sense, is derived from
people, and signifies anything in which the ma
iority OF n town, district or county, are supposed
TO acquiesce il may be for that which is good
or for that which is bad; for right or forwrong;
for virtue or for vice; for justice or for injus-
tice what the people desire, Is Popular Sover-
eighty, without respect to any principle but
those wished for Hence, IL the people are good,
yirtuous and pure, goodness, virtue and purity,
will be popular ii vicious, corrupt and de-
bauched, debauchery, corruption and vice will
be popular. Popular does not always imply
aw-abiding it frequently implies a breach Of
law, as in France, during the revolution; as
under the administration of Indians, on the
Van Rensselaer, estates in New York as under
the administration of Lynch law in the South
and the instruction in Kansas the Vigilance
committee in California, the iillibustcring in
Cuba and other places, and as in the frequent
rxpulsions robberies and murders of the Nor
mons by their prosecutors. All these were in
their own spheres popular movements This
word, however, has Il more significant meaning
when the term sovereignty is applied to it, and
embraces within itself, order, law and power;
hence the terms combined as used in this ma
ton, signify the rule and government of the
people. In explaining this subject we shall
have to go as we do in religious matters, to the
liquidation, and not to the construction given
rs by some others. What is man in his origi-
nal state? The answer is, II sovereign A
sovereign over what2 Over his own family
4 La. of
erning them without any laws but those of his
own making, He, in fact, combines within him
self the law making department; he is the jul
dietary or Judge Of that law, and the executive
he is in every sense a sovereign so far as his
power extends.
What arc governments2 4 combination Of
soyereigns, who have delegated certain powers
under certain restrictions, for the mutual pro-
lection and general benefit of the whole cx-
cept when those governments are obtained and
upheld by the sword. When this is the case,
the people ARE made use of by the governed as
goods and chattles, and ruled without their
consent. A sovereign implies governor or
ruler, and popular sovereignty, II itmeans any
thing, means the rule ofthepeople, or the voice,
will, and free consent of the people in their
own rule and government. When the legisla-
tors or law makers, the Judiciary or law inter-
preters, and the executive or law administra-
tors, are all chosen either directly by the peo-
ple the governed, or by and with their fuil ana
free consent, such government is a govern
ment of the people-properly called Republi-
can or Vox Populi-terms very significant, bnt
very much abused Our State governments
NAV very properly he called so many popular
sovereigntes, because their constitutions were
accepted and approved by the people, or their
delegates: and rs their delegates are chosen by
them they represent their constituents, or the
people. Their governors and legislators, too
are chosen by hepeople, and every citizen has
n free, untrammelled voice in their election
and, where there is difference of sentiment
the majority governs; the minority, for peace
and quiet andaccordingt constitutional usage
adapted By the people, submitting to the ma
jority. Judges, Marshals, States Attorneys,
Justices of the Peace, and all State and County
officers, are either directly elected by the peo-
ple. or appointed in a manner provided by them;
hence also directed by the people or popular
voice, the federal government being comDl-
nation of the several free and independent
sovereignties, is itself also sovereignty;
for, as in the several States each man or SOW
ereign gives up specified amount of his
own individual rights for the mutual advan-
tace and protection to all; so each of those
States, or S0vercigntes, cedes certain speci-
fed portion of its rights, for the mutual pro-
lection of the whole or united commonwealth,
government, or sovereignty
The constitution of the United States is an
instrument agreed to by the people OF the MI
ted States or By the peoples representatives
and may be considered the great magma charta
of American rights; it is a compromise or an
agreement by which the people have pledged
themselves to be governed, and the fulhllments
and requirements of which are rendered oblig-
atory, by onth, upon all the public functions
ries Of the United States, and they are placed
under the same restrictions to fulfil its re-
uuirements as the representatives OF the sep
crate State soveregnties are to abide ny the
constitution of the several States, with thisdif-
ference; that the latter pledge themselves not
only to observe and abide the constitution OF
their several States where they reside, but also
the constitution of the United States. Thus, in
every sense of the word, both the State gov
ernments and that of the United States are
Soyercigntes; the former being so many
separate governments, governed by the peo-
nile, and the latter II number OF peoples
Governments or sovcregnties uniting in one
general sovereignty with any of the above
Governments The people have no right to
complain; if there are abuses, they have
their, remedy in the ballot box; thus abuses
should he short lived. Some find fault, how
everI with the constitution; still they nave
their remedy, for that instrument provides
d" that il may be amended or altered by two
third vote,n precaution necessary for so i'm
portant an instrument; for no evil can lie OF
sufficient Importance to nullify, abrogate, or
alter any part of that compromise that cannot
he seen and felt by two-thirds of the citizens OF
the United States So much then for the SOW
sovereignty of the several States, and OF the
United States.
Now, let us turn our attention TO the terrl-
tories, and inquire how far popular sovereignty
extends over them. II may be asked by some,
does not popular sovereignty extend over them
as il exists in the States? We answer EN-
phetcally, No. There is scarcely yestige OF
that doctrine to be found in the territories, and
by n strange anomaly nation like the United
States, composed of thirty separate and in
dependent popular sovereignties, should IN
every other place, and in every other depart
ment and form, be governed by the voice Of the
people but in the territories, and in regard to
them spirit of despotism reigns, Mt once anti
republican and anti-popular sovereign, and
altogether at variance with the spirit and genius
of our institutions They are simply copied
after the British colonial rule, and thus might
well be cause of surprise TO be wondered at
inasmuch as the very trainers of the constitu-
ton were so well acquainted with and COM
plained so bitterly against its unjust, unequal
and oppressive enactments. 1t is not princi-
nile well understood by those who emigrate tc
new territories yet ii is nevertheless fact
that as soon as n citizen of the United States
leaves the State he resides in, and becomes al
inhabitant of territory Of the United States
his political franchise and popular sovereignty
ceases: his political freedom is rendered nu
oatory and he is placed in q state OF depend