The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1823-07-25

British parliamentc can of the British crown;
that they may establish orders OF knight
hood and titles of nobility; nay, that they
may, like the long parliament of Charles
the First, SIT al infnitum, and in short do
any thing which 10 them may seem expe-
dent, or which Is in the limit of the human
capacity. Its true, oil these things are ex-
pressly forbidden in the constitution of the
United States, hut Mr.. Adams says Henry
inculeates the doctrine, that congress is su-
periOr 10 The constitution, aud that by their
common pohers of legislation, they can set
aside that instrument, and of course if they
can do II IN one instance they can in all
others; and If they have a right To violate
il to charter a national bank, they have the
same right 10 violate it, by establishing a
monarchy over these realms. We have
quoted at length, the sentences of Publieo-
la, from which Henry infsrs the intention
of MIR. Adams 10 contend FOR these extra
ordinary aud absolute powers in congress.
Because he thinks the whole poloer of the
people ought to be delegated to the govern
ment, for unless 1t be so transferred, it
cannot he exercised for their benefit, this
acute loglclan concludes his meaning to be,
that the Uhote porer Of the people of this
country has been transferred to congress.
aud that having the whole poioer, their au-
thorlty Is paramount TO the constitution,
aud TO the people. lie thus puts into the
mouth OF Mr.. Adams, the paradoxes, that
congress or the legislative authority, is
superior to the constitution which created,
aud to the people who elected them and
that every effort of the people to ameIiorate
their condition, must be lruItless, as they will
necessarily have TO transfer the l0hote Doioer
10 the government, and that government
VIII become by their own act, absolute,
Interchangeable and despotIe. 1t Is remark
able that this .judcious writer takes no note
whatever of the Judiciary and executive
powers, as integral parts of the whole
po1oer delegated by the people. The
legislative department is the great Leyia-
Than which swallows up all others. 1t
would be sufficient 10 overthrow the alb
snfd proposition of Henry, merely to state
the extravagant consequences which would
result from the doctrine he attributes TO
Mr. Adams for with the talents which the
enemies of that gentleman allow him to
possess, 1t can never be nationally suppos.
ed That he could have overlooked the natural
results 81 his doctrine, which inevitably
oNerwhelm the institutions of his country.
me liberties Of mankind and common sense
itseli, IN one common ruin. But am not
| disposed to LEI of this unblushing writer so
4 easily, and shall therefore proceed to ex
piaIn the true meaning of Mr.. Adams.
when he speaks of the i" delegation of the
'ohoIe potoer Of the people to the govern
! a. II Ia of h.,
tween HIM and Tom Paine, and by further
! quotations from Publcola itself, which, as
1t mas oeen heretofore tortured into a stig-
ma upon the political reputation of the all-
| thor, shall now discharge the more natural
duty OF elevating that reputation in the
eyes OF his country If Henry had render
ed TO Mr. Adams the common courtesy, or
unto himself the common Justice of reading
| me essays which he processes to critieise,
before tie published that criticism Ia the
world, 1t never could have been necessary
Tor me To censure the illnatured iberality
oi tins hypercrtical course, nor would he
! nave had to regret at his leisure, the haste
ana want OF reflection with which he acted
Let It be remembered, that Publicola
was written IN answer To Tom Paine's ce-
lebfated work, entitled, "The Rights of
man not IN opposition to the =" great
principles then and now universally ac-
kno"iedeed IN the United States of Ameri-
ca, ana which are all based on the common
foundation " that the people are the foun-
tam OF all pohticalpower," but merely con
trovertlng some of the opinions and reason
InSs which thatgreat and jealous republican
advanced, for the betterregulation ofgovern.
ment, and the greater security of the rights
OF mankind. "The rights of man" were
addressed TO the national assemble of
rance, then sitting for the purpose of
forming constitution of government, and
intended by the author to assist their de-
iibcratIons IN that important and arduous
undertaking. Among other ideas suggest
ed by Fame was, that the " constitution
should be unalterable and incapable ofany
amendment, except by the original au.
thorlty, (meaning the people themselves)
which created it. This was an idea of
doubtful propriety, as il contradicted the
practice of the federal constitution, aud the
constitutions of most of the states of the
American coniederacy. Mr.. Adams, in
Nos 6 aud of Publcola, questions the
soundness of this doctrine, and in attemnt
InS to expose its inexpediency, uses the
words SO often referred TO, that for the
welfare OF the people, Tor to that amount
thelr Uhote pOl0er ought to be delegated To
The government. The question suggests
llseIt, what is here meant, by the whole
power OF the people? By the constitution
OF the United States, the people have dele
gated the power of amending it to the
congress and the state legislatures, reserv-
ING TO themselves at the same time the
same power of amending or altering, when
they shall deem it expedent. 1t could on
have been this power, to which Mr.. A
dams referred, when he speaks Of the dele
CATION of the ,0hole polOer. This is evident.