Page:Notes on the State of Virginia (1853).djvu/149

Rh whenever it is applied to any act of the Legislature, it invariably means a statute, law, or ordinance, which is the present case. No inference then of a different meaning can be drawn from the adoption of this title : on the contrary, we might conclude that, by their affixing to it a term synonymous with ordinance, or statute, they meant it to be an ordinance or statute. But of what consequence is their meaning, where their power is denied? If they meant to do more than they had power to do, did this give them power? It is not the name, but the authority, which renders an act obligatory. Lord Coke says, “an article of the statute 11 R. 2, c. 5, that no person should attempt to revoke any ordinance then made, is repealed, for that such restraint is against the jurisdiction and power of the parliament.”—4.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, explain, or make void the former in the whole or in any part thereof, notwithstanding any words of restraint, prohibition, or penalty, in the former; 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 definition, 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 constitution,” had said, “We, the ordinary Legislature, establish 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 superior to the laws. It is true, that the people did not rebel against it; and was that a time for the people to rise in rebellion? Should a prudent acquiescence, at a critical time, be construed into a confirmation of every illegal thing done during that period? Besides, why should they rebel? At an annual election they had chosen delegates for the year, to exercise the ordinary powers of legislation, and to manage the