The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1811-01-09

tally to discharge and perform all The dnHea
incumbent on him in his office.
1t is admitted that he may vote to decide
an election in case of an equi-vote, and it j,
further admitted that the late vote of the
grand committee, for electing Senator to
Congress, was an equi-vote yet il is denied
that his vote in that case became effcctual,
when it is most clear that the event of the
election would have been precisely the same,
whether the Governour's vote should have
been counted first or last. In case of the
Governour's voting in the first instance, and
Of an equi-vote, the Candidate against whom
the Governour should have voted would have
been affected and defeated of his election by
the Governour's vote, for laying that out of
the case he was not elected it was the case
of an equi-vote, which, even on the ground
contended for, the Governour might and
would have decided against him in his casting
vote SO that on their own ground they have
suffered no inconvenience by the Gavemour's
voting in the first instance, which they would
not have suffered hy his giving the casting
vote.
The convenience or inconvenience Of the
Governour's voting IN the first instance, was
a subject for the consideration Of those who
penned or granted the charter, and not for
the rule of those who executed it under oath.
1t is written instrument, and subject to the
same rules Of construction as statute, a CO.
vcnant, bond or note. 1t will have its
weight and measure, and can demand no
more. Had it been intended to limit the Gov
ernour to only casting vote, it would have
been SO expressed. 1t is not so expressed,
NOR IN -
sound discretion in construction can give such
meaning.
IL has been compared to the case of the
President y. s. Senate. There is not the
least analogy between the two cases for he
he is not, pr operly speaking, full member Of
the body over which he presides he neither
debates nor votes as such, nor is he chosen
by the same electors, nor in the same way
and it is expressly provided in the u. States
Constitution, that he shall have no vote un-
less they be equally divided.
The Governour's charter right to vote has
also received legislative sanction for the
second section OF the act regulating the
sitting of the General Assembly," expressly
provides, that the Governour, Lientenant-
Governour and Assistants shall a" debate and
vote in all publick affairs of the State" i. G.
the Governour shall debate and vote, the 1t.
Gov. shall debate and vote, and the Assistants
shall debate and vote, and all and each of
them shall debate and vote, in all hubhck Of
that collectively they shall be cal
led The Senate" And the priviso TO that
act declares, that the Senrte, SO consisting
of the component members aforesaid, I" shall
sit and vote" with the Representatives in
Grand Committee, i.e. that the Governour
shall sit and vote in Grand Committee, the
1t. Gov. shall sit and vote, and the Assistants
shall sit and vote. And, it is believed, that
any other member of the Senate may be re-
PEELED from voting, in the Senate or in Grand
Committee, without violating the charter and
the law more than would be done by repel-
ling the Governour from his vote.
The single mage of joining in a Grand
Committee for the election of officers, is re-
ferred to in the first section e Of the +" act re-
lative to the election of Senator'S, sc. and no
other usage. For had that section referred
to any thing else, or to more than one thing,
the plural term, or nsages, would have been
adopted and this section therefore authori-
zes the Governour " to sit and vote in all
publick AFFAIRS" on the same footing in the
the sitting of the General Assem-
bly, authorizes him in Grand Committee " to
sit and vote in all pubick affairs"
The charter rights shall be construed,rc-
puted and adjudgcd in all cases most favoura-
bly,, on the behalf and for the best benefit
and behoof of the said Governour and Com
pany," agreeably to the express provision in
the concluding paragraph Of that instrument
and it is a maxim that even custom against
law is void. A custom, however, NOT 10 psfe
Is a strange custom, could it be proved but
the proof fails ON the contrary, there is evil
dcnce that Gov. HopRINs, (who, it is to be
hoped, is not yet forgotttn) used to vote IN
the first instance, and gave as reason for
thus using his right and privilege,that in case
he reserved his vote, he might be compelled
10 decide OH equi-vote between two of his
friends, and thereby, most probably, lose one