Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-09-13

power OF expounding them: that before a.
ny alteration can be made in the constltu.
ton, t1Uo thirds of both houses Of congress
must deem them necessary, and propose
them or tzOo thirds of the legislatures Of
the several states mus. apply to congress TO
call convention for proposing amend
ments and after amendments are propss.
ed, and before they can become part OF
the constitution, they must be ratified by
the legislatures of three fourths of the Sc.
veral states, or by conventions in three
fourths thereof, as the enc or the other
shall be ordered by congress.
In none of these cases can the people
act, G in their original sovereign, and un-
limited capacity" (4S) In none OF these
cases do the people possess tie supreme
bczper q the state.
Under what circumstances then may
this supreme power, which the people nc.
yer part with, be called into activity
When congress shall transgress the bounds
assigned to it, by passing acts incompasi-
bio VITA the constitution, Whereby the liber.
ties and welfare of the community shall De
raanifrs,ly endangered, and the ends OF the
government perverted az; when the jodg-
es, these acts being discussed before thern,
will not venture to withhold from them the
sanction of judicial authority when the
president will not dare to refuse, orwhen
he concurs to carry them into effect; when
The people by the exercise OF their elective
rights, cannot displace, every second year
in one branch, every sixth year in the other
branch of the legislature, and every fourth
year in the executive, these who act IN
consistent with their duty; when all those
modes of redress shall have proved ineifec-
tual, then may the people resort TO their
reserved uncomfortable power" for then
they stand absol7ed from their oaths and en-
gagments; hen they may assume into their
own hands the alteration Of the CONSTITUTE
on > then " they may revoke the lease, the
conditions being broken By the :enan3,"
(45) then, and not before may this nigh
~ power, high above all height, cabut inter
nubila, be called into action, and perform
its revolutionary functions.
Thus we see the supreme power which
the people never part with, is distinct
thing from the supreme power of the
state.
Locke, from whose political writings
some of our most celebrated statesmen
have derived their opinions, relative TO
government, and whose principles of 60
vernmens, IN consequence, have entered
into several constitutions makes the SAINT
distinction between tbs supreme power of
the state and the supreme power which re.
sides in the people.
The legislature Che observes) is the
supreme bo1ver Of The commemorate, sa-
cred and unalserabe whore the community
has once placed It; no. can any edict q
any body else, in what form soevcr Coz.
ceived, or by wha; power soevef back u,
have the force or obligation Of law, witch.
has not IFS sanction tIem that legislature,
which the people has chosen and appoint-
ed; for without th1s the law could not
have that which is absolutely necessary 10
its being law, the consent of the socieTy,
over when nobody can have power 10 maxi
laws, but by their own consent, and BY aa
thority derry ID from them. And there
fore all the obedience, which, By the mos;
solemn sies, any one can be obliged to pay
ultimately terminates IN this supreme bozver,
AID is directed by those laws which ii en-
acts nor can any oath 20 any foreign pow
er whatsoever, no. any domestic subardl-
nate power, discharges any member of the
society from his obedience 10 The leglsla-
turc, aching pursuant to their trust; nor
oblge him 60 any obedience contrary to
the laws SO enacted, or further han they
do allow; it being ridiculous TO imagine
any one is tied, ultimately, 10 obry any
power in the society 7vhlch is MT supreme"
(46)
Again; I" though in constituted com
monweal.h, staadirg upoa its own basis,
and acting ACCORDINGLY to iss own nature,