126 



Sense had a])peared in llie Virginia pa])ers in February, 

 and ro[)ies ol'ilie paiuplilet it.self liad got in a few hands, 

 lint the i(hni had not heen opened to the mass of the 

 people in April, rnnch le^^s can it be said that they had 

 n)a(le np their minds in its favour. — So that the electors 

 of April 1770, no more than the legishitors of July 1775, 

 not thinking of indejjendence and a permanent repubhc, 

 conhl not meati to vest in tliese delegates powers of 

 estahhshing tiienj, or any authorities other than those 

 of the orchnary legislature. So far as a temporary or- 

 ganization of government was necessary to render our 

 opposition eneigetic, so far their organization was valid. 

 But they received in their creation no powers but what 

 were given to every legislature before and since. — They 

 could not therefore passan act transcendent to the pow- 

 ers of other legislatures. If the present assembly |»ass 

 an act, and declare it shall be iirevocahle by suhsequent 

 assend)lies, the declaration is merely void, and the act 

 repealahle, as other acts are. So far, and no farther 

 authorised, they organized the government by the ordi- 

 nance entitled a constitution or form of government. 

 ]t pretends to no higher authority than the other oidi- 

 Tiances of the same session ; it does not say, that it shall 

 be perpetual ; that it shall he unalterable by other legis- 

 latures; that it shall he transcendent above the powers 

 of those, who they knew would have equal power with 

 themselves. Not only the silence of the ijistrument is 

 a proof they thought it would be alterable, but their 

 own practice also : for this very convention, meeting 

 as a house of delegates in general assend)ly with the 

 senate in the autumn of that }ear, passed acts of assem- 

 bly in contradiction to their ordinance of governuient : 

 and every assembly i'rom that time to this has done the 

 same. 1 am safe therefore in the position, that the con- 

 stitution itself is alterable by the ordinary legislature. 

 Though this opinion seems founded on the first ele- 

 ments of comtuon sense, yet is the contrary maintained 

 by some persons. J. Hecause say they, the conven- 

 tions were vested with every power necessary to make 

 effectual opposition to Great Britain. But to complete 



