societies of men, civilly associated, constitute nations, and as the highest public authority to be executed by civil government is the authority of the nation, it follows that the authority of the nation must be sovereign within its territorial limits; that is, it cannot be subject to question or resistance by any other lawful authority. $78. That necessity which requires the people of a nation to possess sovereign authority in all matters pertaining to the general welfare, is incident to national existence. Hence sovereignty is a necessary attribute of every nation-one which inheres in the people in their national character. The people of the United States, as a nation, possess this necessary attribute, and hence, have sovereign authority over all matters of general interest within their territorial limits.

$79. This sovereignty pertains to the people of the United States as national citizens only, and not as citizens of any other government. There cannot be two separate and independent sovereignties within the same limits or jurisdiction; nor can there be two distinct and separate sources of sovereign authority within the same jurisdiction. The right of commanding in the last resort can be possessed only by one body of people inhabiting the same territory, and can be executed only by those intrusted with the execution of such authority.

$80. The people of the United States, as a nation, have supreme authority over all matters pertaining to the general welfare, within the territorial limits of the nation; and they have authority to determine by whom, and in what mode the public authority shall be executed; what rights, duties and powers shall pertain to

1 The characteristics of sovereignty are such as to demonstrate the correctness of the above. Sovereignty necessarily inheres in the people of a nation, to be used for the establishment and maintenance of public order and security, and for the protection of private rights. And being the right of commanding in the last resort in all matters pertaining to the public weal, certain characteristics must inevitably attend upon it.

1. The first characteristic of sovereignty is, that it is a supreme and independent power-one which judges and determines in the last resort of whatever is susceptible of human direction, relating to the welfare and advantage of society, and can acknowledge no superior on earth. Whatever it ordains in the plenitude of its power, cannot be reversed by any other human will as superior to it. Since human power cannot be increased to infinity, there must necessarily be a limit, beyond which there is no superior authority. And whatever the form of government, there must inevitably be a supreme tribunal, beyond which there can be no appeal.

2. A second characteristic of sovereignty is, that it is not accountable for the exercise of its authority, nor liable to punishment; for it has no superior. Hence, it is manifestly apparent that sovereignty belongs to the people in their highest civil character alone, and not to any person or body having only derivative authority; that while governments exercise sovereign authority, it is the sovereign authority of the people, and not of the government as the mere institution of the people. See Burtamaqui's Prin. Pol. Law, ch. 7, 22 1-5.

the national government, and what to the goverments of the States.1

S81. The sovereign authority essential to the establishment and maintenance of a national government inhering in, and remaining with, the people of the United States, they are authorized to establish a national government in such form, and vest in it such powers in respect to the general welfare, as they deem proper. And they, also, have authority to establish State governments, and vest in them the execution of such public authority as they deem expedient; and, in virtue of the same sovereignty, they can enlarge or restrict the limits of State or national authority at pleasure.3

S82. Sovereignty, as an attribute of the people of the United States as a nation, excludes the like sovereignty

1 "If the government of the United States be the agent of the State governments, then they may control it, restrain it, modify it, or reform it. It is observable enough that the doctrine for which the gentleman contends leads him to the necessity of maintaining, not only that this general government is the creature of the States, but that it is the creature of each of the States severally; so that each may assert the power for itself, of determining whether it acts within the limits of its authority. It is the servant of four and twenty masters of different wills and different purposes, and yet bound to obey all. This absurdity-for it seems no less-arises from a misconception as to the origin of this government in its true character. It is, sir, the people's constitution, the people's government; made for the people; made by the people, and answerable to the people. The people of the United States have declared that this constitution shall be the supreme law. We must either admit the proposition or dispute their authority. The States are unquestionably sovereign, so far as their sovereignty is not affected by this supreme law. But the State legislatures, as political bodies, however sovereign, are yet not sovereign over the people. So far as the people have given power to the general government, so far the grant is unquestionably good, and the government holds of the people, and not of the State governments. We are all agents of the same supreme power-the people. The general government and the State governments derive their authority from the same source. Neither can, in relation to the other, be called primary, though one is definite and restricted, and the other general and residuary. The National government possesses those powers which it can be shown the people have conferred upon it, and no more. All the rest belongs to the State governments or to the people. So far as the people have restrained State sovereignty by the expression of their will in the Constitution of the United States, so far it must be admitted State sovereignty is effectually controlled." Webster's reply to Hayne in United States Senate, Jan. 27, 1830. G. & S. Reg. of Cong. Deb., Vol. 6, p. 1, page 74.

This follows from the doctrine that the sovereignty essential to the establishment and maintenance of government, inheres in, and remains with the people; together with the further principle or doctrine, that the authority to legislate for the government of society belongs to the sovereignty. Says Blackstone: "The very essence of a law is, that it be made by the supreme power. Sovereignty and legislature are, indeed, convertible terms; one cannot exist without the other." (1 Black. Com., 46.) By which is meant, the authority to make a law binding upon the people must be sovereign. In other words, he defines municipal or civil law to be, "a rule of civil conduct prescribed by the supreme power in a State," &c. (1 Com., 44); “for legislature is the greatest act of superiority that can be exercised by one being over another," (idem, p. 46.)

3 The territory constituting the field of State jurisdiction, is within the jurisdiction of the nation; and the American people as a nation, possess and exercise the authority of drawing the line of jurisdiction between the State and national government according to their sovereign pleasure. Besides, as has already been stated (ante. 79 and note), there cannot be two independent sovereignties within the same limits or jurisdiction; nor can there be two distinct and separate sources of sovereignty within the same jurisdiction. If the people of the nation, as a nation, possess sovereign authority in respect to all matters pertaining to the general welfare, then the people of the State, as State citizens merely, cannot possess such authority, except as derived from the nation.

of the people of a single State, as State citizens merely. Hence, the authority of a citizen as a constituent of the nation, is superior to his authority as a constituent of a mere State or territory. Hence, also, when the nation assumes to confer upon the national government exclusive authority over any particular class of subjects, the people of a particular State have no legal power to question or deny such grant, though it encroach upon what before belonged to their peculiar jurisdiction.'

$83. In the United States, the people of a particular territory have no authority to vest themselves with the rights, powers and prerogatives of a State; nor can they lawfully exercise any public authority, except under the enabling power conferred by the nation. They can draft the frame-work of a government, and the form of a constitution; and can ask to be endowed with authority to govern themselves in all matters local and domestic. But they can give to their constitution no authority, and to their government no life or power. That must come from those in whom sovereignty resides.2 $84. The national and State governments are institutions of the people, and each derives its existence and authority from the same source. Hence, they are instituted in such form, clothed with such powers, and subject to such limitations, as the people of the nation in their sovereignty ordain.3

1 This likewise is a corollary flowing from the propositions that sovereignty is an essential attribute of nationality (277 ante); and that there cannot exist, at the same time, and within the same limits or jurisdiction, two separate and distinct sovereignties or sources of sovereign authority. (79 ante.) Hence, if the people of the United States as a nation, are sovereign, and can exercise Sovereign authority throughout the territorial limits of the United States, they have the authority to determine in what body or bodies, the execution of the public authority shall be vested; and from them as a nation, must come the authority to exercise the functions of government within the national limits. Practically, in the institution of local or State governments, this doctrine is observed. The people of a territory within the United States, however numerous, cannot clothe themselves with the authority of self-government even in local and domestic matters. They are obliged to obtain the consent of the nation through the national legislature, which, so to speak, becomes an act of political enfranchisement. This will be fully considered when the origin, nature and authority of the States within the Union come under consideration.

According to the Constitution of the United States, the territories are to be under the regulation and control of Congress; and no new State can be formed or admitted except by the authority of Congress, as expressing the legislative will of the nation in respect thereto; and besides, the United States or nation, are to determine the form of the State government, and to guarantee that it shall be republican. (See 3 and 4 of the 4th Art. of Const. U. S.) But this subject will be fully considered when the State governments come under consideration.

3 See Webster's reply to ROBERT Y. HAYNE, in the United States Senate, Jan. 27, 1830, where this proposition is fully discussed.

The truth of this proposition in respect to the general government is apparent from the manner in which the government was established, the object of its institution, and the subject matters of its jurisdiction and administration. The preamble of the Constitution of the United States recites it as an ordinance of the people. "We the people of the United States * * *do ordain and establish this Constitution.' It was framed by delegates from the several States then existing; it was submitted to the people of the States to be ratified

S85. State governments being instituted by, and deriving their authority from, the nation, they are invested with the same authority over matters within their jurisdiction, as the national government, over matters within its jurisdiction, to wit: the authority of the nation. Hence, the authority exercised by the State over matters within its jurisdiction, is sovereign and absolute; they are commissioned to execute the will of the nation in respect to public interests of a local and domestic character.1

$86. The national and State governments being institutions of the nation, and amenable to its authority, hold the authority with which they are intrusted, at the pleasure of the nation. As in their origin, the people determined the extent and limitation of the authority to be intrusted to each, so, in their continuance, they are subject to the supervision and control of the same supreme authority.2

S87. Neither the national nor the State governments, as political institutions, are constituent elements of the Union. They are each institutions of the nation - corporate instruments, created by it, to execute its authority

by them; it was thus ratified by the people of all the States, and in their name, and by their authority, it became the Constitution of the United States. It provided that the Constitution, and the laws of the United States made in pursuance thereof, and all treaties made, or which should be made, under the authority of the United States, should be the supreme law of the land; and the judges in every State should be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. (Art. 6, 2d clause.) Article 5 also provides that the Congress, whenever two-thirds of both Houses should deem it necessary, should propose amendments to this Constitution; or on the application of the legislatures of two-thirds of the several States, should call a convention for proposing amendments, which in either case, should be valid to all intents and purposes as part of the Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification might be proposed by the Congress.

By an examination of these provisions it will be manifest that the governmental authority of the whole country was conceded to be in the people of the United States as a nation; to be exercised by them, through the agency of such governments as they deemed necessary and proper to establish. This will be made clearly to appear, in the chapter upon States within the limits of the United States. (See post.)

The people of the nation, in the institution of the national government, assigned to the then existing States the limits of their jurisdiction, by superimposing the national government with its jurisdiction; and the same. authority which thus circumscribed the authority to be exercised by the then existing States, could, at its pleasure, withdraw every subject from their jurisdiction, and confer upon the national government plenary powers in respect to all governmental matters within the territorial limits of the United States. Is it objected that the people of the several States would never agree to amendments of the national Constitution giving such plenary powers to be exercised by the national government? That may be so. But, as citizens of the nation, they have authority to agree to it, and that is all that is contended for. Thus, it will be perceived, that the jurisdiction reserved to the several States then existing, was by the permission or authority of the nation: that in respect to new States, none can be organized and enfranchised with political rights as States, except by the authority of Congress, and in such form, and under such a Constitution as it shall approve. Thus the State governments, as political institutions, take their existence and authority from the nation, and hence administer under such authority. This will more fully appear hereafter. (See post p. 298-326: Appendix 120.)

2 (See post Appendix 120.)

within their respective jurisdictions. They cannot be considered constituent elements of the nation, since they were instituted by it, to be intrusted with the execution of its authority.1

$88. Since the national and State governments derive their existence and authority from the NATIONAL WILL, and are not constituent elements of the Union, national existence, sovereignty and integrity depend not upon the continuance of these governments. The institution of a State government within the Union adds nothing to the sovereignty or administrative authority of the nation. Hence, the dissolution of such a government can take nothing therefrom.

CHAPTER II.

OF THE UNITED STATES AS A GOVERNMENT.

$ 89. THE United States as a civil government, was instituted by the people, who constitute the United States as a nation. As a government of the people, it was instituted by them in order to form a more perfect union; to establish justice; to insure domestic tran quillity; to provide for the common defense; to promote the general welfare, and to secure the blessings of liberty to themselves and their posterity.2

1 A constituent element of a body is that which is essential to its exist ence as a component part thereof. Hence, if the people of the United States were a nation prior to the institution of the general government by them, then such government cannot be a constituent element or component part of the nation. So of the State governments. The political existence of each State in the Union is not a component part of the nation, because the national unity is the same whether there are few or many States. When the government was instituted there were thirteen of these local institutions, since which there have been created twenty-three more; yet the nation has not been changed in its existence or political character. Its authority remains unchanged. It is the same nation, and will continue the same, should the number of States be increased indefinitely. Now, it is most manifest that the nation does not depend upon the institution of these local governments for its existence or authority. Those which were in existence at the time of the adoption of the national constitution, continued by the permission of the people as a nation; and they possess such governmental authority as remained to them after the nation had ordained what should belong to the general government. Those twenty-three States or local governments which have since been instituted, have taken their charter to govern, from the nation — hence are institutions of the nation.

"We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, DO ORDAIN AND ESTABLISH this Constitution of the United States of America." Preamble to the Constitution of the United States.

The draft of this Constitution was prepared by delegates from all the States, who were appointed for that purpose by their several legislatures, on the recommendation of Congress, dated Feb. 21, 1787. A part of these deputies, or delegates, met in convention at the State House, in Philadelphia, on the 14th day of May, 1787, and adjourned, from time to time, until a quorum appeared, on the 25th of May. They continued in session until the 17th of September following, when, having perfected the draft of the Constitution, they signed it,