Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-08-16
[For the Herald Of the Times.
COM MUNIC CATION.

Il
Constitutionahty cfthe act for continuing the
. Governor and Senate.
A question has been made as to the
competency of our State Legislature to
pass the act ofthe January session, 832,
entitled can act in addition to an act en-
titled an act regulating the manner Of adj
mitting freemen, and directing the meth
cd Of electing officers in this State"
This law was made for the continuance
OF the Government, in case Of the failure
Of an election by the people; and this is
to be effected by continuing in Office the
Governor, Lieut.. Governor, and Sena.
tors Of the preceding year till there is an
election by the people, in the mode pre-
scribed by tho act. The Government
has been continued, and now subsists by
that act,-two elections having taken
place under it and both having failed;
and third having been ordered at the
recent session Of the Assembly, to take
place at the semi annual election Of Re-
presentatives.
If that act be not within the compcten-
cy Of the Legislature, then we have now
ernment till the people assemble in Con-
vention, frame Constitution, and organ
ize new Government. For supposing
such an incompetency, the election now
to take place, even if choice should
be made, will be void; or if no election
be previously made, the election to be
made next Spring, (if choice should
then be madc) will also be void; for it is
clear, that the Charter neither conten,-
plates, nor provides for such case
But nothing is more certain, than that the
act referred to was within the competen-
cy of the Legislature.
1t is strange that any one should think
that the Government of State has not
the power under certain circumstances,
to continue itself in being, and to employ
the means necessary for this purpose
1t is power essential to Government,
and a Government without it would not
be sovereignty. All governments pos
sess it; and all governments have cxer-
cised it whenever it became necessary
to selcpreservation. This State has al
ways claimed and exercised it; even as
colony it claimed and exercised it.
The original Of our present election law
made in 1868, and all the amendments
of that law down to the last, (and they
have been many and various) have all
been made in the exercise Of that pow
er; for many ofthe provisions ofthat law,
& of those amendments, are not author
lied by the words ofthe Charter, though
they have always been understood as in
cluded in the powers thereby given
The law organizing the Legislature, ar
ranging it into two separate branches,
and prescribing the mode of its separate
and its joint action, is not authorized by
the words of the Charter, though as in
the case Of the election law, it has al.
ways been understood as included 10 the
powers given by the Charter. This
same power has almost invariably been
exercised by the General Assembly at
their May and June sessions of every
year. Ifit happen, that any of the an
nual officers be not elected at the Nav
session, (and this almost always does
happen) the officers of the preceding
year,in those cases, are continued i'm Of
flee till the June session, by joint vote
Of the two Houses; and in like manner
from June to October, should the cxi-
gency Of the case require il. And sure
ly the General Assembly may do by
law, what they do by joint vote.
Indeed, how can il be doubted, that
this power is included in the powers Civ
en- by the Charter, asst always has been
understood to be. The Charter, after
prescribing how the General Assembly