National Republican. (Washington City (D.C.)) 1872-1888, 1885-03-14

NlcWb IL RlNeu' EACollcuL typei phpoTI
proof reading, and an accurate index,
the usual features Of the University
Press print, add to the other good points
of Mr.. fuckers timely work.
OF SOVEREIGNTY. BY PHILEMON BLISS,
LII. D., professor of law In the State Uni
yersity of Missouri; author Of bliss on
Code Pleading" Boston: Little, Brown
and Co., 1885. Robert Beall, Washington,
DC.
This tractate arises from discussion
between Samuel s. Laws, LII. d., presi-
dent of the State University of Missouri,
and the author some three years since, in
which the doctrine of the sovereignty of
the states was maintained by the presi-
dent, to whom quito felicitously this
monograph Is dedicated. Mr.. Bliss con-
fesses to certain "impatience" at tho
constant sound and sight Of this mislead-
ing word Sovereignty" He says quite
correctly that Assumptions In respect to
it are endless" They are tolerated in
the lecture room, heard issuing from the
bench, arc droned out in tho senate, aud
glibly cited in newspapers. 1t is high
time some strong writer like tho
present ono should have the
courage to seize the fetch and hold
it long enough in the sunlight of
truth, common sense, and strict legal in
depreciation. "ln discussing the nature
of our system" says our author, this
high-sounding word is made to settle
everything; facts are nothing. 1t has been
sung at me so much that l have sought
TO seize it to see what there is in it," How
successful the work Is done can be best
said in the authors own word: He has di-
vested this Sovereignty" Of its AL
mightiness, so to speak" In part first the
limitations upon sovereignty are treated
of; the meaning of tho term, and its varied
use by Hobbies, Austin, Lleber, GuizOt, aud
others; the limitations of this sover-
eighty with respect to public and private
law and the people; the speciOusness of
Mr.. Austin's theory, that all law is "a COM
mand, is ably maintained. The second
part deals in idea OF sovereignty in the ted
eral state, tho battle-ground of our pc.
litical theorists for a century. Mr.. Bliss
discusses first the character Of federal
state in the true sense. The theories in
respect to the location of sovereignty
Hurd's, Pomeroys, Brownson's, Null
tord's, Calhoun's, Curtiss, Freeman's, aud
CoUley's. He demonstrates that sover-
eighty is neither single nor unassign-
able; but can be divided aud in
part transferred, and tho powers
redistributed. The right of secession is
hDly ulhCusstu III CnhpleE II anu tne
right of secession is shown to result
legitimately from sovereignty, according
to Calhoun's theory. and the right to
secede is denied because of results and a
constitutional government is held to i'm
ply-of itself and by its very terms and
existence-porpetuity. In sovereignty
in tho territories the historical fact OF
federal supremacy is exhibited, and the
book concludes with some very strong
objections to the uncertain use of the
word aud some general considerations
arising out of the general discussion.
The volume is particularly valuable as q
text book on constitutional interpreta'
ton. 1t will be hailed with delight by
many who have wandered amid the
mazes and labyrinths of supposed ICON
| stitutional law to find IL all chair and
misleading. When Alexander Stephens
jefferson Davis, aud Mr.. Cent? are en-
! deaVoring to instlll into the mind of the
general reader, aud the student of con
6lEptionpl gQyqrnment In tho United
States, tito false and pernlcious doctrines
partially stIhed AZ AppomattOx, a book o