Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1834-05-07

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tion. The power 10 make them was ne.
cessary TO the welfare Of the people, ant
was wisely reserved in the precise word.
: Of the charter. Your committee car
perceive nothing in the act OF January
1882, entitled can act in addition 10 an
act entitled an act regulating the man
v ner of admitting lreemeD, and directing
the method of eIecting officers in this
State," which assumes power different
in its character from that which had
been previously recognized as apper-
tanning TO the General Assembly. The
necessity of proper precautions 10 pre-
vent an n.ie,Tcgnnm in the Governmcn Mt
Of the State was seen and duly consider
ed by the Legislature. They believed
it to be not only possible, but highly pro-
babIe, that the people might fail at the
regular annual election to choose a 60
vernon, lieutenant governor, and sufIi-
eient number Of senators, to form con-
slitutional quorum for the transaction Of
business. The result proves that this
apprehension was well founded. The
first section oc the act declares, that, in
an annual election the House of Repre-
sentatives shall order new election for
the choice of q governor, and that, in
case no choice should then be made,
shat the order shall be renewed us often
as the votes are returned to the General
Assembly, until governor be elected,
or until such proceedings shall become
unnecessary 10y reason Of the provision
of law Tor the next annual election; and
in the mean time that the governor of
the preceding year shall continue, under
his former engagement, to exercise all
the powers, and perform and execute all
the functions or duties Of the office Of
governor until another shall be elected
and engaged in his place; and shall re-
ccivc such proportion of the salary as
corresponds with the time he shall so
serve. The same provisions are made,
as to the lieutenant governor and all the
other general officers, in case Of like
failure to elect those officers at the an
nual election. The third section Of the
act relates to the choice of Senator's
(assistants,) and directs that new cleo
sions shall be ordered as IN the cases a
bove mentioned, and with the same linn
itations, unless six senators, being the
requisite number TO form quorum, shall
have been chosen at the annual election.
The contingencies intended to be pro-
vided against by this act actually occur
red. No governor nor lieutenant gov
ernor was chosen to succeed those of
the past year; the punsber of senators
required for quorum were not elected
by the people; and, in compliance with
the provisions Of the act, new elections
were ordered by the House Of Repre-
sentatives where a failure to elect had
happened, until, in the jude ement Of that
House, "such proceedings had become
unnecessary by reason Of the provision
of law for the next annual election"
The General Assembly in the mean
time, as at that time constituted, contIn-
ued TO perform all the functions which
properly belong to THAT body until the
end of the session at Providence, Janu-
ary, 1893. 1t remains them to be inquir-
'ed, was this body SO assembled, the LE-
GisLATuRE Of Rhode Island The law
by virtue Of which they continued to ex-
ercise the powers Of Legislation is said 10
be repugnant to the charter, and there
fore void. If this be sound objection,
it at once annuls every part Of their pro-
cecdings, and, as a necessary conse-
quence, that Of choosing q Senator in
Congress.
Your committee are unable TO find n
ny clause in the charter which lorbids
the exercise Of such q power us that
claimed by the passage of the act OF
January, 1882. 1t seems, on the con-
trary, to have been the intention Of the
crown to perpetuate the existence Of the
legislative power in the colony by an ex-
press provision--that the authority, Of
flee, and power, OF the governor, deputy
governor, and assistants, shall cease and
determine when their successors shall
be elected and engaged, and not at the
expiration Of the term for which they
we're respectively chosen. The con-
of this clause of the charter
has been uniform from the commence
ment of the Government up to the pre-
sent time.
The governor, deputy governor, and
(assistants) Of the preceding
car, at the opening Of each annual ses-
sion of the Legislature in May, take
heir seats, and Join the House of Re-
,rese ntatives in Grand Committee, and
continue to act until their SUCCESSORS are |.
engaged. This is abundantly sufficient
o prove that they hold over, as a matter
II course, for the purpose Of organizing {
he members newly elected TO succeed I
hem; aud it does not seem to be material