The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1816-07-31
GDisreItanp.
from the Providence PeTiof.
THE ATE I1cIyppAT ATInN


On our First glance at the defence in the A.
msrican Of The 10Th, wo were at loss wheth-
er the writer had purposciy resortcd TO an sx.
pedient usually adopted by the crab, to evade
the search o. his pursuers, oe whether the fog
in which the subjcc, was envclopcd was owing
10 other causes. On examination, however,
VIC were convinced, that The form and texture.
ofthc thing is altogether owing to the nature
ofthe materials, and The bad state Of the tool
The labor OF the performance bears evident
marks OF its author, and we have no wonder
that the man most Interested should bo most
Jealous in securing his illgotten honors. The
concluding paragraph, SO far from shaking,
has confirmed our conviction Of The correct
ness of this opinion.
The frs, attempt to escape is by asserting
that the Legislature, in the law quoted, have
not provided for the ime and fldce Of election,
but the manner only As he has purposcly
omitted the preamble of the act, we will re.
cite i, again 80 Whereas the sines, places and
manner OF holding elections of Senators and
Representatives shall be prescribed in each
State by the Legislature thereof, be It there
fore enacted, That Senators, qualified an afore.
said to be elected by tho Legislature of this
State, shall DO elected agrecably to the usage
thereof in the choice Of State officers, by the
General Assembly, in grand committee, and
not in separate houses" The question now
is, whether the Assembly lcsislated on tho
svhO!e cct which they proiesscd to legislalc
upon, and which ihcir duty required they
should legislae upon and whether the usage
of the Assembly in the choice of State officers
does not extend 10 nnie and flace az we'll as
manner. AS to the first, the act itself is a
sufficient answer. 1t says, because tho con-
su.ution requires this, therefore be ii enacted,
SC. As to the second usage of The General
Assembly in the election Of Stale officers, it
is not only to elect in Grand Commiltee, but
at any legal meeting, at any mace, when the
newly elected will come into Office while tho
electors are in Office, and not after their tern,
OF olhse shall have expired, or after a newly.
elected Assembly. This, the important par,
Of the usage, in the present case, MIR. Cisat.
lanticus has pruden,ly forgotten to notice.
Aud, his declaration to the contrary noIwilh-
standing, It is NOT srge, that the time when.
the place yphere, and manner hoso, all our State
officers are TO be chosen, are provided by posi-
tive statute. BY what positive statute, we
would be glad TO know, do the General As.
sembly meet at Ntvhorf, in Jane, and then
and ihere choose State officers ? If our cen.
sttuclion of the law bc not right, the Lcgisla.
turc have been in tho practice of choosing
Senators SYis5oa: providing for the ,imo and
place of election, and of course contrary TO
the constitution, for no other law exists on
the subject.
On his leorncd remarks on ",hc quality Of
the cube,"" the mode OF iron;" end "the ac-
ciden,s Of the election" to evade the letter
aud plain import Of the statute, relative to the
meaning OF the word asage, and to shew tina,
/, can have no reference to time and place, we
shall make no comments, but state plain
caso.. Were we to say Of somo humble re-
taller Of 4" May il please your honors, and you,
gentlemen Of the jury" that he was admitted
10 the bar according 10 the usage OF the court,
would il not include the nme aud aiace as well
as manner OF admission Or, had our cen.
tlcman been admitted by the court In term
time, al three OF the clock in the morning, or
out OF term.iime at sny hoor OF the day, would
II not be proper, and s,t;sily true to say, that
he was sei admitted according 10 lie usage Of
'hc ecrts, Or, had he becn cdnii'ei a,s