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

n
The documents relating to those pro-
ceedings nre subioined, and mnrked b.
This statement ofthe case il deemed suf-
fc,ent TO show the questions which arise
for the consideration Of your committee
and which they now proceed to exan,-
inc.
| !. Was the commission Of A sher Rob-
bins, made and executed in conformity
with the provisions Of the constitution of
the United States, and the laws and US
ages Of Rhode-Island, prescribing the
time, place, and manner Of choosing Sc
na,ors to Congress?
9. Was Mr.. Robbins, at the time OF
his election, eligible, according to the
constitution Of The u. States, to the Of
fee of Senator?
3. Was he chosen by the Legislature
of the State Of Rhode-lslandi
i Ii these questions be answered affirm
atively, il will be unnecessary to inquire
into the validity of the subsequent cleo
tion Of Mr.. Potter, or into the power Of
the Legislature TO create vacancy by
am ulling the act Of their predecessors;
and therefore your committee limit the
views which they deem it proper to take
Of the subject referred to them, to the
obje ctiOns made to the commission of
MIR. Robbins on the ground that the Le-
gislature by whom he was chosen had
no p"wer to elect Senator to Congress,
and that the governor who signed and
sealed his commission was not, at the
time, competent to exercise any power,
or perform any duty, in his official char
acter. These objections rest IN the
same general principle and if they are
supported by the facts disclosed in the
(, case, connected with the constitution and
laws Of the State, it will then be proper
to examine the claims of Mr.. Potter to
seat ip the Senate, and not otherwise.
il The constitution of the United States
provides that "each house shall be the
|, Judge Of the elections, returns, and quail
iications Of its own members" Article
sec. 5.
The members Of the House of Repre-.
q sentatives are TO be chosen by the peo
. pie OF the several States having the quail
ifications requisite for electors of tho
most numerous branch Of the State lie.
gislature. The members Of the Senate
are to be chosen by the Legislatures o
each State, and the times, places, ant
manner Of holding elections for SENATOR
> and Representatives shall be prescribed
. in each State by the Legislature thereof
. but the Congress may at any time, BY
law, make or alter such regulations, ex
!, cep as to the places Of choosing Sena
tors. Congress having passed no law
!, on the subject, we must look into th'
statutes of the several States for thos'
! regulations, and conform our action t,
them. The Senators from each Stat'
:, are equal in number, and cannot be in
r creased or diminished even by an amend
! ment of the constitution, without tn
y n consent Of the States respectively
= They are chosen by the States as politi
r. cal sovereignties, without regard to thei
representative population, and form tn
federal branch of the National Legisla
> ture. The same body Of men, whic
. possesses the powers Of Legislation i
each State, is alone competent to ap
c point Senators to Congress for the torr
; prescribed in the constitution. In tn
u performance Of this duty, the State act
D. in its highest sovereign capacity, and tn
: causes which would render the electio
re- Of Senator void, must be such as woul
~ destroy the validity Of al laws enacte
o, by the body by which the Senator wa
c chosen. Other causes might exist I
s. render the election roidab!e, and thes
are enumerated in the constitution, be
10 yond which the Senate cannot interpos
a its authority TO disturb or control the SC
N vereign powers Of the States, vested j
u their Legislatures by the constitution =
81 the United States. We might inquire
20 was the person elected thirty years G
10 age at the time Of his election? Had h
'e been nine years a citizen Of the Unite
$, States? Was be, at the time Of his elec
IN ton, a citizen Of the State for which h
a shall have been chosen: Was the elet
,e tion held at the time and place directe
D. by the laws of The State /? These al
D. facts capable Of clear demonstration b
" proofs, and in the absence Of the reQu
C. site qualifications in either Of the spec
III fed cases, or if the existing laws Of tll
ne State regulating the time and place {;
n holding the election were violated, III
rs Senate acting under the power to jodg
: Of "the elections, returns, and quaIific,
10 iions Of its own MEMBERS" might NJ
IN Judge the commission ofthe person elec
oi cd void, although in all other respects
nc was legal and constitutional; But whel
nc the sovereign will Of the State is mad
no known through its Legislature, and CO,
IT. summa,ed by its proper official iunciio
sc aries in due form, il would be DANCE
cd Gus cxertion Of power to look behind Il
lid commission for defects in tho comnonc