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

the soundesi principles of legal investi-
CATION.
First, The General Assembly, at
their Session in January 1882. being az
prehens:ve that three proxes would be
run at the next Eleclion-passed an act
to provide (p such contingency for
upholding the laws, and the due admin
istraiion ofjustIce by a temporary Gov
ernment, or Regency until the people
should choose their Governor, 1t. Gov
ernor and Senate, according TO the char
ter and constitution Of the State.
The first section of the said act de-
clared, that the House Of Representa-
tives lin case there was found to be no
Election by the peopIe) shall thereupon
"as soon as duly organized, order a
new Election for the choice of Cover
nor, 1t. Governor, &C." "by the free
men OF this State in their respective
Town meetings., to be holden on the
same day throughout the State, not more
than thirty, nor less than ten days from
ana after the date Of such order, d.c."-
1t further provides, shut if no person
shall be found to be elected, then the
House Of Representatives shall again
order ne,O Election, which shall be or
dered and conducted in all respects, as
to time and manner as herein before pro-
vided, and so on until Governor is
elected"
Secondly, 1t is agreed, on all hands,
that by the charter, laws. and usuages,
no Governor or General Officer, can be
elected for longer term than one year
they cannot act by rirtue Of such eiec.
fion beyond the gear and if the same in.
dividuals do so act, or do act at all, it
must be by virtue of new appointment
by competent power to make it -
Such competent power, might either
take its candidates en- masse, from
the last years upper house, or create any
other body of men to perform the duties
ofthe upper house during the intcr7egnum
or appoint Regent or in fact, do
what to them should seem necessary,
aud expedient, to uphold the due ad-
ministration of justice &C., until the
regular and legitimate Government
should resume the helm Of State. That
contingent power, the General Assem-
bly, Of January 1882, did confer upon
csrt0in men, then members of the upper
house /! Thus, when the Election of
May 1882 failed, for want of majority
of votes for any one candidate for men,
ber of the upper house-the CONTINGENCY
had arrlved-and the men appointed by
the former General Assembly, to per-
form the duties, which had been before
performed by the Governor and Senate
assumed, in conjunction with the new
house Of Representatives, the RE-
GENCY or temporary Government,
and by virtue and authority Of the act Of
January 1882, commonly called the
Perpetuation act.
The temporary Government, then
establi shed, derived none of its power
FROM the charter, or constitution, or
from m|any former precedent 1t was a
stranger to the whole frame and system
of OFT Government 1t was composed
of met, the freemen not only refused to
elect, lut of some that the freemen not
even vSted for, in their attempts at FL
ection That, however, is no objection
TO them, in their capacity as Temporal
ry' upp& house. A temporary Gov
ernments is better, and safer than no
Governnhnt-and such Government
(even if de offspring of usurpation) will
in the Absence of all other Government,
be the Government defacto--and, some
power being necessary to uphold the
laws and secure the public interest, such
a power when created or assumed from
necessity is entitled to the allegiance
Of the people, whose lives liberty and
property 1t protects The Regency did
protect the lives and property Of the
Citizens, by preserving the Judicial
power of the State. The Regency
by the act which created fham-wara