Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-03-21
CASE OF THE HON. ASHER ROBBINS
From the Washington Correspondent OF the Nea
York Courier

From the Washington Correspondent of the NeaD
York Courier.
You have observed, in the printed proceed
ings of the Senate, that on tuesday, the 4tn
inst renort was made by Mr. PoindeXter, on
The subject of the contested election of MIR. Rob-
bins. of Rhode Island, to which briefly advert
ed in a former communication.
The report is confined to a thorough, and
think very satisfactory elucidation OF the last OF
the three following questions, which are distinct
ly propounded. The two first were tacitly con-
coded by Mr.. Potter.
1. Was the commission of Mr.. Robbins made
and executed in conformity with the provisions
of the Constitution of the United States and
the laws and usages of Rhode Island, prescrl0-
ing the time, place, and manner OF choosing Sc
majors to Congress?
2. Was Mr.. Robbins, at the time of his cleo
ton. eligible, according to the Constitution OF
the United States, to the Office of Senators
3. Was he chosen by the Legislature of the
State of Rhode Island?
This necessarily leads the Committee to in
vestgate the peculiar manner IN when the
State Government of Rhode Island and partl-
cularly its Legislative department is, at TINS
time, constituted. 1t appears, by the report
that the election law of that state required
majority of all the votes given, to elect Cover
nor. Senators, &C., and that no provision was
made for a continuance of the Government, In
the event of such majority not being given at
any election. In January, 1882, the Legislature
passed an act authorizing the several State OIL
GERS therein named to hold orer until others
should be duly chosen, according to law AT
the election Of May, 1882, no choice OF Cover
nor and Senate was made, in consequence OF
which by virtue of the act of January, 1882,
the persons elected in May, 1881, continued to
perform all the duties of their respective sta
TONS among which was the choice of Sena-
M. II ~ aDrIrpN nrty oil tod
Rhode Island is the only State In the Union,
which has omitted to adopt written constitu-
ton.
The whole basis OF its government as at pre-
sent organized, is to be found in the charter OF
Charles the Cd of England, granted in 1863, and
in such, notifications of that instrument by the
Legislature, as have been found eXpedient, to
adapt it to the necessities and convenience OF
the people. The pow er conferred on the Leg
islature to effect these alterations is shewn to
be of the most ample and unlimited character:
the single restriction OF the charter being,
"that such laws, ordinances and constitutions
so made, be not repugnant unto, but as near as
may be, agreeable to the laws of this, our realm
of England" An interesting history is then
furnished efthese warriors notifications OF the
charter and of the acquiescence of the people,
in this species of Legislation; while Of that an
tient instrument, the committee remark,
sthere seems to be scarcely vestge remain
. ing untOucneQ, except Tue ClduSc just CItcu,
which prohibits the enactment of any law, con-
trary to the laws of England, and which was
abrogated in fact by virtue of the revolution.
The act of January 1892 confirming in pow
er, the Governor and Senate which elected Mr.
Robbins, is then particularly examined, and
found to be in exact analogy to the other acts of
the General Assembly, declaring the effect or
modifying the provisions of its organic law 1t
is shewn, that the people confirmed its provis-
ions, by acting under it, in their primary capa-
city. That the legislature so constituted, pas
sed numerous laws public and private. That
the laws, so passed, are in full operation. That
Judges were elected by this body, who entered
on their duties, and condemned citizens to death,
who have since been executed: and finally, that
the competency of this Legislature, for all these
functions, is expressly admitted, in the very act
which vacated the seat of Mr.. Robbins, and by
the legislature itself which elect MIR. Potter.
In addition to this, l may remark that the re.
port examines with great ability the power of
the Senate, to institute this enquiry, and points
out, with great clearness, the proper limitations
to all such proceedings;-with many inciden-
tai remarks on their tendency to abrdge, if i'm
properly directed, the rights of the States So
luminous and conclusive is this document, that
entertain no doubt, it will be adopted by
majority of the Senate.
Az naat;no Of the Tvpouranhica1 Associa-