been opened to the mafs of the peo- ple in April, much lefs can it be faid that they had made up their minds in its favour* So that the eleftors of April 1776, no more than the legiilators of July 1775, not thinking of independence and a per- manent republic, could not mean to veil in thefe delegates powers of eftabliftimg them, or any authorities other than thofe of the ordinary legiflature. So far as a temporary organization of government was neceflary to render our oppofition energetic, fo far their organization was valid. But they received in their creation no powers but what were given to every legiflature before and fmce. They could not therefore pafs an a<Sl tranfcend- ent to the powers of other
If the prefent aflembly pafs an ad:, and declare it fliall be irrevocable by fubfe- quent aflemblies, the declaration is merely void, and the adl repealable, as other afts are. So far, and no farther authorifed, they organized the government by the ordinance entitled a conftitution or form of government. It pretends to no higher authority than the other ordinances of the fame feffion; it does not fay, that it fliall be perpetual; that it (hall be unalterable [ 232 1 by other legiflatures; that it Ihall be trani- cendent above the powers of thofe, who they knew would have equal power wdth themfelves. Not only the filence of the hiftrument is a proof they thought it would be alterable, but their own practice alfo: for this very convention, meeting as a houfe of delegates in general aflembly with the fenate in the autumn of that year, paffed a<Ss of aflembly in contra- didion to their ordinance of government:
and every aflembly from that time to this has done the fame. I am fafe there- fore in the pofition, that the conftitution itfelf is alterable by the ordinary legifla- ture. Though this opinion feems founded on the firft elements of common fenfe, yet is the contrary maintained by fome perfons. i. Becaufe fay they, the con- ventions were vefted with every power neceflary to make effeftual oppofition to Great-Britain. But to