1^8 



conclude, that, by their affixing to it a term synonymous 

 Avith ordinance or statute. But of what consequence 

 is their meaning, where their j)ower is denied ? If they 

 meant to do more than they had power to do, did tliis 

 give them |)ower? It is not the name, l)ut the authority 

 that renders an act obligatory. Lord Coke says, ' an 

 article of the statute 11 R. 11. c. 5. that no person 

 should attempt to revoke any ordinance then made, is 

 repealed, for that such restraint is against the jurisdic- 

 tion arjd power of the parliament,' 4 Inst. 42, and again, 

 ' though divers parliaments have attempted to restrain 

 subsequent parliaments, yet could they never effect it ; 

 for the latter parliament hath ever power to abrogate, 

 suspend, qualify, exjilain, or make void the former in 

 the whole or in any part thereof, notwithstanding any 

 words of restraint, j)rohihition, or penalty, in the for- 

 mer : for it is a maxim in the laws of the parliament, 

 quod leges posteriores priores contrarias abrogant.' 

 4 Inst. 43. — To get rid of the magic supposed to be in 

 the word constitution, let us translate it into its defini- 

 tion as given by those who think it above the power of 

 the law ; and let us suppose the convention, instead of 

 saying, ' We the ordinary legislature establish a con- 

 stitution,^ had said,' We the ordinary legislature, estab- 

 lish an act above the power of the ordinary legislature.^ — 

 Does not this expose the absurdity of the attempt ? 3. 

 But, say they, the people have acquiesced, and this has 

 given it an authority su{)erior to the laws. — It is true, 

 that the peo[)Ie did not rebel against it : and was that a 

 time for the people to rise in rebellion? Should a pru- 

 dent actjuiescence, at a critical time, be construed into a 

 confirmation of every illegal thing done during that pe- 

 riod ? Besides, why should they rebel ? At an annual 

 election, they had chosen delegates for the year, to ex- 

 ercise the ordinary powers of legislation, and to manage 

 the great contest in which they were engaged. These 

 delegates thought the contest would be best managed by 

 an organized government. They therefore, among others, 

 passed an ordinance of government. They did not pre- 

 sume to call it perpetual and unalterable. They well 



