Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1834-05-01

hS oS'S oLSoiutcty nun uhd Voio. QUIZ
power, if carried to its legitimate ex-
tent, would subject the entire scope Of
State les station to be overruled by our
=, decision, aud even the right Of suffrage
'ofindlvldual members ofthe Legislature,
whose elections were contested, might
be set aside. il would also lead to in
estigntioDs into the motives Of members
in casting their votes, for the purpose Of
establishing charge Of bribery or cor
rrption in particular cases. These mat
ters, your committee think, properly be-
long TO the tribunals OF the State, and
cannot constitute the basis ON which the
Senate could, without an ipfring ement
OF State sOverei ignty, claim the right to
declare the election Of a Senator void,
who possessed the requisite quali6ca-
tions, and was chosen according to tho
forms Of iaw and the constitution.
These general views are offered to
show that contested elections in the pop
ular branch of Congress, where the peo-
pie exert, in their primary capacity, The
right Of suffrage under varios.s hnha-
tiOns and restrictions in the choice Of
Representatives fIO@ certain prescribed
districts, open a mnch wider field Of in-
quiry and investigation than a lAs con-
test for seat in the Senate, which is a
body wholly ieaevative in its character
and organization, and whose members
hold their appOin,me MS from, and repre-
sent, the States as political soverei ign-
ties. Your committee having regard to
these rules as applicable to all contested
elect ons in the Senate, proceed 10 apply
them to shoa case now under considers
ton.
1t is admitted that the sitting member,
Asher Robbins, possesses all the qualif-
cations recuiicd by the constitution Of
the Unite. : tates TO be Senator in
Congress, and that his commission, as
such, !, 4 due form according to the
laws ana rc, 1es Of Rhode Island. These
points being conceded, the remaining
, and the only question 10 be decided, is,
was he body by which he was chosen
= Sena' j., the Legislature Of Rhode-ls-
= land. or was it M ereiy m assembiage Of
: citizens without authority to pass laws,
o prescribing thrt which is right, and pro-
= hibtir g that which is wrong, to the peo-
e pie Of tie State On this ground both
f parties seem content to rest their claims
d to a seat 10 the Senate.
= The General Assembly Of Rhode-Is-
land, as at present organized, consists Of
!; two separate and distinct branches; tho
y Senate, over which body the governor
: presides, end the House of Representa-
: tives-each chosen by the people Of the
v State who are freemen or freehOlders,-
r and entitled 10 vote at elections The
c governor and Senate are elected annual
o ly. The members of the House OS Re-
e presentatives semi-annualH. To eonsti-
y tute Legislature capable Of enacting
J. laws, or performing any other duty con-
e fded to that body by the constitution Of
= the State or of the United States, i is
J. essential that there should be in existence
r at the same time, governor, or some
e officer authorised to perform the execu-
l. tive functions; a Senate, and House of
h Representatives. In the absence Of Ell
IN ther, the other branches could not per-
, form any act which would be oblig atory
ID OIL the people Of the State. We arc
e then brought to tho inquiry whether
Is these component parts Of the Legislature
"a Of Rhode-lslan6 we're assembled at Pro-
m vidcnce, in January, 1888, when Mr..
d Robbins was elected in Grand Commit
d tee Senator to Congress I 1t is alleg-
Is ed, on the one hand, that the governor
10 and Senate had ceased to exist in tho
'e month Of May, 1882, BY tho expiration
= Of the term Of one year for which they
,e had been elected, and the failure Of the
, people to elect their successors sby a
in majority Of all the votes given in, ac-
VI cording to the constitution and laws Of
,, the State. On the other, It is maintain
Of ed that the powers Of the governor and
le Senate were, BY law, extended until
ID their successors should be duly chosen
c. and engaged, for which purpose special
le elections were ordered and held, bu.
c. without success, prior TO the time at
ID which Mr.. Robbins was elected. For
re the purpose Of forming a correct judg-
~ ment Of this anomaly in the constitution
IL Of the State, II 10 necessary to recur 10
j. the ancient Charter Of Charles the So
10 cond Of England, granted 10 the Colony
or Of Rhode-lsland and Providence Plan
he tations, in 1863, which has not been ss-
,e persoded by written constitution since
a. the revolution; and 10 the various laws
d. which have been enacted, modifying the
T. provisions Of that charter in such man
it ner as to adapt il TO the condition and
re convenience Of the people Of the State.
1e by the charter, certain political powers,
n rights, and privileges, are granted 10 the
n inhabitants Of the colony, among which
,r- are the following:
he "And, further, we will and ordah,-
,,, I and nv these prescuts for ,s MIR hair,