Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-08-23
[For the Herald of the Times.

Some who admit the competency of
our State Legislature to pass the act Of
January, 1882, to continue the govern
ment, in the case therein provided for
namely, the case Of failure of an cleo
tion by the people, and until an election
by the people still contend that the go
vernmcnt so continued, is not govern
ment to all intonts and purposes, namely,
to do SO much and no more, as is ncccs-
sary TO continue the government till there
is an election by the people.
Now this is 10 contradict the act itself;
for the act continues the government in
the case provided for; and it imposes no
restrictions upon its powers in the mean
time; it is continued, therefore, with all
its powers: or it is to deny the compcten-
cy Of the Legislature to pass the act as
they have passedit / do not understand
that this is pretended. Indeed how can
it be pretended? For this would be to
say-true, the Legislature may continue
the government in the case Of the failure
of an election by the people, and until
there is an election by the people, prov-
ded the government in the mean time be
crippled in its proper functions, and be re-
stricted from the power Of legislating ac-
cording to its own sound discretion for
the good and welfare Of the people
Where, would fain know, do these
gentlemen find any authority for saying,
that the Legislature may continue the
government, in the case mentioned, for
certain intents and purposes; but may
not continue it for all intents and purpo-
ses as they have done in this instance? ?
The power Of government to continue its
own existence-to prevent its own ami
hilation, and all the evils Of such state
of things, is an absolute not qualified
power; power to continne the govern
ment as il had exist ed, and was intended
TO exist; not merely power to~continue
Il curtaiIed Of certain part Of its pow
ers. Continuing the existence of go
vernment, but restricting its powers, is
not continuing the government, but it is
substituting another for the government
But suppose they could continue the GO
vernment partially, why should they do
ii? Why should the people be deprived
of a government with full powers to per-
form all the functions, and answer all the
ends of government?
This strange doctrine, strange as i,
appears TO me, that tire government 80
continued, is but quasi government, a
mutilated anomalous thing, is prcdicated
so far as have seen entirely on this idea
that this continued government is by
act of the Legislature, and not by act of
the people. But if this act be compe-
tent, the continued government IS by act
cfthe people; for the act of their Repre-
sentatives is their act.--And in this case
the act has been approved by the people,
for they have re elected the Representa-
tives by whom it was passed. Indeed
how is it possible that the act should not
be approved by the people But for
that act, the people would now be with
out government; and exposed to all the
evils of that state of things Let any
one reflect what those evils must be, when
that justice which holds together the ele-
ments Of society. and without which it
cannot subsist; when that justice, say,
no longer exists to preserve the peace, to
protect property, TO redress wrongs, to
punish crimes, or to be any terror to evil
doers Of any kind; and then instead of
blaming the act, he will bless its authors.
Every one must find, in the common
safety his own; and that common safety
in the existence Of government.
That the people have not now a 60
vernment by their own immediate ap-
polntment is not the fault of the Legis-
iature; nor ought it to be subject of
complaint against them. The people
have the opportunity, and opportunity re-
newed after opportunity to appoint the
government directly themselves. 1t is
Tor them to say whether they will make
the appointment, and when they will
make it. If their party divisions prevent
their agreement for this purpose, the Le-
gislature cannot help this, nor ought they