The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1823-08-08

Ut asnena the eoDsnlnt1on by which II Is
CREATED alIifm tirf even with this modi- |
fcation Of his meaning. bis opinioni Is total
~ unsound and pernleious, aud utterly
repugnant 10 the theory Of our state and
national constitutions. Ia the first place.
The opiniouis nnsound and .pernieious.
What (says Judge Patterson, Dallas, sos
is "A constitution II is the form of gov.
eminent deilnratcd by the mighty hand Of
the people, In which certain iirst principles
sf fundamental laws ale established the
constitution Is certain and fired il con-
iains the permanent uiH Of he pesJsle, and
is the supreme law Of the land IL is para
10 the potoer Of .eiegisiaiure, and can
be reroked or oifered only by The poorer that
made IL. The e-giying principle, and the
death doing stroke must proceed from the
same hand. What are legislatures f? Crea.
lures of the constitution they derive their
power from the constitution /; it Is their
commission, and therefore all their acts
must be conformable thereto, or they will
be void" This just and sound exposition
of the true nature of constitution, serves
10 exhibit, ia striking relief before the pub.
lie, the paradoxical character Of Mr.. Ad-
sms's position. Paine, likewise, in The
Rights Of Man." addressed to the nation
al assembly OF France, suggests, rs Knt-
ledge truly says, that the constitution
should be anotterabie and incapable of any
amendment ercept by The original pomer
meaning the people) aohich created IT,
He justly ridieuled the idea of yiiated po-
liticai bodies reforming themselves, and
conclusively demonstrates, what indeed the
history Of the British constitution clearly
establishes, that absolute power vested 10
any government, however cautiously and
judiciously distributed among the different
departments, is sure, in the nature of
things, TO be abused to the detriment of
popular rights. The governors, however
parcelled out, ever, with aspect to the go
yerned, constitute an unit Although there
may be a jostling of interests among the
incumbsnts for higher places aud larger sa-
laries, yet that corps du esprit" which
ever actuates the members Of the same GO
vernrent, will infallibly make them unite
| forces and move ID solid phalanx, when.
ever new accession Of power is to be OBJ
tanned al the expense Of the people. To
vest in any branch OF government, or in
| the branches combined, the power of alter
ing or amending the constitutional charter
which created sthem--the constitutional
commission by virtue Of whose authority
they live, move and have their being" is,
w Juct, Notwithstanding constitutional
mode of proceeding therein is preseribed)
to empower them to extend at discretion,
their own prerogatives an authority
which we have seen they will, in the ma
turc OF things, abuse to the injury of the
| rnngfitnnnf hn1u u.,I e. -,
grandizement. Yet, the secretary of state,
under the signature of PubIicola,' had
the hardihood to Join issue with Paine, IN
the " Rights of Man." on these incontro-
vcrtiLle points and, whilst stoutIy main
tanning the expediency Of empowering go
vernme0t to alter and amend the consttu.
ton, endeavors to sustain himself, and give
false coloring to his reasoning, by making
reference TO the constitution Of the United
States. Which brings me, in the second
place, TO show that his opinion is repugnant
| To the theory of our state aud national con
situations. Ii is an established maxim in
Virginia, that the state constitution is inca.
pable OF alteration or amendment, except
by the delegates of the people in grand con-
rention assembled. Mr.. Jetierson's air
nation Notes on Virginia, page Ell " that
the ordinary legislature of Virginia may
alter the constitution ITSELF" being clearly
founded on an impression Though perhaps,
an erroneous one) that this constitution,
FROM Meuregtt3ar and informal method of
ITS adoption, is, IN itself a mere Ordinary le-
gistdiipe dct. The national constitution
cannot be confronted, or altered withom the
express consent ofhe bodies polite Of three
jourths Of the states in the union, or of The
people Of an tQuel number Of the stutes.-
TO prevent the necessity of an immediate
| appeal to the latter, a method is pointed
out, by which amendments may be propo-
| sed and ratified by the concurrent act of
two thirds of both houses of congress, and
three fourths of the state legislatures but
If congress should neglect to propose a
mendments in this way, when they may be
deemed necessary, the concurrent sense of
two thirds of the state legislatures may en-
force congress to call convention. the
amendments proposed by which, when ra-
titled by three fourths of the states, be-
come valid as a part of the constitution
III either mode, The assent Of The bodies 20
fitic ofthe states as necessary, either 10 com
ptete or 10 originate the meqsures.p Now,
ours being confederate republic, compo-
sed of many distinct, CO. ordinate state sose.
reignties, united together for their mutual
advantage and safety, the instrument which
prescribcs the methods by which these
important objects are to be attained,
is ,anquestionably, to most intents and
purposes, at least an original, federal
compact and, consequently, the reser-
walton to themselves by the states of
the original right, to alter, amend and even
abolish the provisions of this charter of
Their own creation, is an explicit recogni.
ton OF principle against which Mr.. Adams
contended. Had the bodies polite of the