of sovereign power. The people cannot act daily
as the people. They must establish a government,
and invest it with so much of the sovereign power as
the case requires; and this sovereign power being
delegated and placed in the hands of the government,
that government becomes what is popularly called THE
STATE. I like the old-fashioned way of stating
things as they are; and this is the true idea of a
state. It is an organized government, representing
the collected will of the people, as far as they see
fit to invest that government with power. And
in that respect it is true, that, though
this
government possesses sovereign power, it does not possess
all sovereign power; and so the State governments,
though sovereign in some respects, are not so in all.
Nor could it be shown that the powers of both, as
delegated, embrace the whole range of what might be
called sovereign power. We usually speak of the
States as sovereign States. I do not object to
this. But the Constitution never so styles them,
nor does the Constitution speak of the government
here as the
general or the
federal government.
It calls this government the United States; and it
calls the State governments State governments.
Still the fact is undeniably so; legislation is a
sovereign power, and is exercised by the United States
government to a certain extent, and also by the States,
according to the forms which they themselves have established,
and subject to the provisions of the Constitution
of the United States.
Well, then, having agreed that all power is originally
from the people, and that they can confer as much
of it as they please, the next principle is, that,
as the exercise of legislative power and the other
powers of government immediately by the people themselves
is impracticable, they must be exercised by REPRESENTATIVES
of the people; and what distinguishes American governments
as much as any thing else from any governments of
ancient or of modern times, is the marvellous felicity
of their representative system. It has with us,
allow me to say, a somewhat different origin from
the representation of the commons in England, though
that has been worked up to some resemblance of our
own. The representative system in England had
its origin, not in any supposed rights of the people
themselves, but in the necessities and commands of
the crown. At first, knights and burgesses were
summoned, often against their will, to a Parliament
called by the king. Many remonstrances were presented
against sending up these representatives; the charge
of paying them was, not unfrequently, felt to be burdensome
by the people. But the king wished their counsel
and advice, and perhaps the presence of a popular
body, to enable him to make greater headway against
the feudal barons in the aristocratic and hereditary
branch of the legislature. In process of time
these knights and burgesses assumed more and more
a popular character, and became, by degrees, the guardians