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Page:United States Reports, Volume 2.djvu/477

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Scraeata Count of the United Side:. qt markable that in eltablilhing it, the people exereifed their own rpg;. rights, and their own proper fovereignty, and confcious of the v·v~J plenitude of it, theb declared with becoming digniz, ¢• We ••the people of the nited Slater, do ordain and ilh this “ Conltitution.” Here we fee the people a&ing as of the whole country; and inthe language of fovereignty, el'- tabliihing a Conflitution- by which it was their will, that the State Governments lhould be bound, and to which the State Conltitutions fhoulcl be made to conform. Every State Confli- tution is a compact made by and between the citizens of a State to govern themfclves in a certain manner; and the Conllitn- tion of the United State: is likcwife a eompaft made by the peo- plc of the United State: to govern themfelves as to general ob- jcéls, in a certain manner. By this great compact however, many prerogatives were transferred to the national Government, fuch as thofc of making war and peace, contracting `alliances, coining money, Ste. Src. If then it be true, that the fovereignty of the nation is in the people of the nation, and the reliduary fovereinty of each State in the people of each State, it may be ufeful to compare thefe fovereignties with thofe in Europe, that we may thence be cna• Z bled to udge, whether all the prerogatives which are allowed to the latter, are fo eflizntial to the former. There is reafon to fufpeél. that fome of the difliculties which embarrafs the prefent queflion, `arife from inattention to differences which fublifl'be— tween them. It will be fuliicient to obferve briefly, that the fovcrcignties in Europe, and particularly in England, exill; on _/Puck:] pripci. · ples. That fyflem conliders the Prince as thefwereign, and the people as his fdyeitr ; it regards his peryén as the object of allegi- ance, and excludes the idea of his being on an equal footing with a fubjcét, either in ·a Court of jultice or elfewhere. That fyitem contemplates him as being the fountain of honor and authority ; and from his grace and grant derives all fran- chifes, immunities and privileges; it is eafy to perceive that _ fuch a fovcreign cnuldmot be amenable to a Court ofjuftiee, or fnbjeétcd to judicial controul and a£tual conllraint. It was of necellity, therefore, that fuability became incompatible with fuch fovercignty. Belidcs, the Prince having all the Executive powers, thejudgment of the Courts would, in fact, be only monitory, not mandatory to him, and a capacity to be advifed, is a dillinft thing from a capacity to be {ucd. The fame feudal idcasruu through all their jurifprudcnce, and ccnflantly remind us of the: dillinftion between the Prine: and the fubjeit. No ` fuch ideas obtain here; at the Revolution, the fovereignty dc- vulved on thc people ; and they atelruly the fovereigns ot the country, but they ar•:j5·ves·eigm· 'LL’flIi‘9-'!?_/II.v?C7.a‘ (ualcls the .·f;i·.*·- e'd.*.‘