The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1817-04-02
POLilluAL MISCELLANY
FROM res PaoyrDxxcs rA7xIoT.


Al iength tbs outrage committed on our
constitution, ana the anco stitu,ional viola
lion OF our publis statutes, by our honorable
legislature at Their June SC ession, is attempted
TO be justified by writer in the last Gazette,
under the sigsainre of Exposi.or. The van.
hy displayed ~ .he choice of his signature, is
as apparent, 80 hAniter ignorance Of our con
si,iuuon and laws is pi,iabe. The ACT of our
Legislature, which he has attempted to JUS
ufy, Is the.election OF James Burril!, inn. in
June last to the Office Of Senator. / must
confess, after what has been written upon
tins subject, and rmore especially af,cr the
Legislature had - s-appointed the same Mr..
6erTiil, DID think there could not have been
found any one In ihe federal ranks, SO obstin.
ateiy ioolish, as even TO hazard an attempt at
Justifcation.--tor, believe, no one meas.
urc of the federsi admirisira;on, except the
part they acted tLe iAoai7ious Hartford Con
ven,ion, 10 SO r1iyersally aud SO justly exc.
Grated ny all parties, as that pesy election
And whys SurelY, not because il was con
stiiu,iooal OF ieraf No, because il placed
IN tho Senate o, tie United States, "ihe. ds-
eomhashed sedoier, me man Of ne feonie, &C.?
No. But because il usurped The rights OF
tuture Legislature, set at pought an immem-
oriai usage OF thf State, snd was consum ma
ted by the viois'ion Of that law which vacated
his sest 10 tho House Of Repre- seuratiyes.
Notwithsanfine our Legislature at their
last session hate s.admiued the truth Of these
positions, yot irseews, th aTe still dispos.
ed 10 justly. ths seoseives on grounds equally
as obooxious.-- he ExposItor attacks the
proposiiDps ot ,sy friend Manlios with zeal
but lily caicusa.sd for cool and dispassionatc
discussion. Ii deals in assertions as dog
matical, as tbs arguments are absurd. He
begins by 1g that the truth OF the two
first proposif;on, OF Manlias, is involved each
In ,ho other 'gDf," says he, if the election
os Nr. Is. us unconstitutional, il wac clear
" filsgat." s;il ~ il was illegal, " Was al
80 sseansiits.ios1." Tnae y, either way,
gentle men, aud you vitia,e and nullify the
elections Ii q boy, who had ever per
used our charter, had hazarded this hrcfound
and learned position, no would rt,ost assured.
iy have incurred the visibility of bis comp.n.
iors. But fci an Expositor, whose Office il
is 20 expound, explain and simplify PROPOSE.
tions, to contend seriously, tina, an act, uncon-
sutu,ional in It's Inception, is equivalent and
similar to an &c, illegal in ITSELF not only dts
covers a want OF DISCRIMINATING facol,ies, but
cvincesa a to,ai inoapubiity OF adjoining the
Office he has assurced. In order the more
clearly 10 see the absurdity Of Mr. Exposi-
tors positions, lei Us admit, for a moment,
the principle claimed for its support Sup
pose Congress should pass law, cE rosf fac
TO In its operation, ask, if II would be ille-
gal' Certainly oot.--Why No, because
it contravenes the copstituuun For, an act
may be constitutional and yet illegal, bur II
cannot be Illegally UNCONSTITUTIONAL. A con-
sutulioa is the act OF the whole people bind
ipg upon them by their assent Ii is the
spring that sets into operation the subordin'
ate machines of government. A law is the
act CT their Representative, otvened under
and made in pursuance Of that constitution,
and biRding upon them by its own Intrinsic
qualities. The term uneos slitutonal there.
tore refers to the former and The term ile
gal snpposes and refers TO The latter. In
stance the case already consIdct Ted by Mani
US, to wit, the illegally, of Mr.. u. holding
the Office of Speaker after he was appointed
Judge. Iii. holding that office was an lille.
gal act, because the law, and not our constit-
uuon, disqualified him from being amen
ber of ei,he, House of the Assembly"
Equally absurd and revolt Dg is the Expos.
tors next proposition, which instead Of pal
iialiHb tHC CNol WIT y VI inS'bbhHh'e uC 10 bC-
Tending, adds Insult 10 The injury, cOntemns
common sense and taxes candor i,:cf. IL
make out his frs, position, this writer has
the traosCending stupidity to deny, that W.
have sn1 constitution, other than Our public
statutes. To what inextricsbIe difficulties
will this doctrine reduce US /! For, efscc
from our Statute Book, our Charter, and what
becomes of our Legislature II we have
no constitution, ask, by what right does the
Legislature meet together, and enact laws
The only instrument that coogregates the
Assembly is the charter itself Now, If the
people have not adapted tins charter as their
constitution, The Assembly have no right to
convene, much less q right TO enact laws
Indeed, IL the charter is not our constitution,
then the whole body of our statute laws is
but a mere nuliIy because the people never
nave given to The Assembly any right to
meet together.
furlher, by wha, rigb, does the towns OF
Newport sepd six, Providence, Portsmouth
aud Warwick tour REPRESENTATIVES to the