The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-06-05

gency had continued, Mr.. Rubbins's sp-
pointment must have remained undis-
puted, for there would have been no ad-
verse appointment to bring up the ques-
ton before the Senate Of the United
States. Ifthe Legislature should now
appoint another to take his place, the
question would arise: whether the regen-
cy who could not appoint a Justice Of
the Peace for longer period than DUR
ing their own existence, could still COM
mission another officer (the most impor-
tant in the gift Of the Legislature) whose
commission and term Of Office might ex-
ceed their own by six yenrs
The constitution of the United States
provides, that Senator shall be chosen
by the States Legislature for six years.
We contend that it must mean Legis-
lature in the strictest sense of the term--
legislature recently appointed by the
people and not regency /; two branches
tout of three) of which have been ap-
pointed, and empowered, by the mem
bers Of former General Assembly,
whose terms Of Office had expired long
before Mr.. Robbins was appointed.
Such government as that under which
MIR. Robbins was appointed, cannot be
deemed legislature as contemplated by
the Constitution of the Uni.ed States;
as 1t wants an indispensable requisite:
that of continuity of existence.
Fyfhiy-Thus far we have only ex-
anined the doings Of the regency I'M ,o
August. They met again in October.
when for the fourth time il was ascer-
tained, that the freemen had made mn
election-and the house ordered another
poll to be taken on the 2lst of Noyem.
ber, aud the regency adjourned to jan
uary 10. 1888. They me, in January.
received and counted the proxies, and
declared no election for the ffih time.
1t was then the duty of the Honse 'there-
upon to order new election immedi.
ately, to take place in not less than ten,
nor more than thirty days from that time.
The perpetuation act $50 called) was
imperative on that point that was the
condition, on which the Regency was
created, viz: that the people should
have the power 10 elect their Governor,
Lieutenant Governor and Senate, with
in thirty days after any and every un-
successful attempt. The act of January
1882, by this omission, became null, for
the regency could not avail themselves
of the provisions, therein contained,
which gave them their power, and ut tho
same time make void, that which secured
the power of the people, in their right
to re-establish the legitimate govern
ment, by the choice of General Officers.
who when chosen, would Immediately
supersede the regency.
The House of Representatives, instead
OF ordering new election by the people,
passed resolution declaring it inexpe-
dent, that any further liberty should be
allowed the freemen, in voting for Cen
Officers until April Then they knew
the people would claim and exercise il
by virtue Of the charter Thus the peo-
pie were deprived ofther right, secured
to them. by the act of January, 1882.
1t 10 true, the resolution suspending the
right Of suffrage, which passed the house
OF Representative was sent to the other
house for concurrence, who sagely re-
piled, that it was a matter with which
they had nothing to do! The repeal
therefore of that portion of the perpetu-
alton act, had not even the form Of con-
currence There can be no palmer pro.
position in legislation than this, that it
requires as much power to repeal, or al
ter law as does to enact it, and it con-
clusively follows, that temporary gov
ernment cannot repeal or alter any part
of the law which gave them existence.
They may prune the. exterior branches,
but are not-aIlowed to cut off the limb on
which they stand, without falling with it.
After all this, the grand committee (so
cslled) met and appointed Mr.. Robbins