Rhode-Island constitutionalist. [volume] (Providence [R.I.]) 1834-1834, 1834-04-07

OF government is wrapped up, then ought we forth
with TO assume both the form and truth of the Re-
publican system. But admitting merely for the sake
OF argument, that the form of the Royal Charter,
with all It's monarchical appendages, subsists as
firmly when the seal was affixed to it, and that it
was derived from proper source far more impor-
tan inquiry yet remains TO be made. Are the Powers
and Duties Of the different Departments of our Gov
ernment properly marked out and defined by the
Charter
When we take into view the time at which, and
the objects for which the Charter of King Charles
Ii. was granted, we freely admit il to be in many
respects a very good instrument. There is however
but one Of the provisions contained in it, involving
legislative power and popular right that was calcu-
lated for all future times. The provision referred to
is, That no person shall be called in question
for any opinion in matters of Religion, 'cho
does not actually disturb the ciriL peace. In a
Constitution for this State, this provision Of the
Charter should be scrupulously preserved. 1t can
not be copied too literally nor retained too tena-
ciously, the act of the GcleraI Assembly. excluding
Roman Catholics from the polls, to the contrary not
witllstandng.
The main object in procuring the Charter of
Charles III. was not to define with eXactness the
powers of the government it constituted; but it was
to define territorial boundaries, and to per-
manent union of all portions of territory under
domain. This is not only fairly to be presumed
clearly appears by recurrence to the circumstances
under which that instrument was solicited and OBJ
tanned from the government of the mother country.
III Is Il matter OF some interest to understand what
the circumstances were under which was solicited
and obtained. 1t appears, that originally the town
OF Providence constituted distinct jurisdiction by
itself; and so also did the island of Rhode-island;
and Warwick likewise. These several territorial
divisions became first unitcd and were first brought
within one jurisdiction, by the charter Of 1913.
This charter is very short, and is very loose IN its
terms. 1t embraces general power TO establish
such government should be agreed on by the
' voluntary consent Of al'' In obtaining this VOL
untary consent in favor of uniting and consolidating
different portions of territory under government,
there was much difficulty; for it not until the
year l647, that general government was agreed
upon and established. In that year the first
General Assembly convened and the place of con-
vention the town of Portsmouth. The govern
ment thus established was dissolved in l65l by ano-
ther Charter obtained by Coddington Constituting
him goyerno) and this Charter severed the islands
| OF Rhode-lsland and Conancut from the connection
which they before had with Providence and War
wick. Though Coddington's Charter was soon va
Gated, Reunion OF the several towns was not mme-
diatey thercupon effected but on the contrary,
| Representatives from Providence and Warwick met
| at Providence, while another Assembly met on the
Island. When a Reunion took place, which, after
much difficulty, effected, it became object to
perpetuate it; and for this purpose, principally, was
procured, in 1868, the Charter of King Charles IL!
which still exists as the nominal Constitution Of the
State.
That Charter is superabundant in words, and
oft repeated recitals, that inconsderable degree
OF patience is required in extracting from it its eX-
act meaning and import The only Constitution OF
government it prescribes may, in plain and more
modern language, be embraced within very small
compass After appointing Governor, Deputy
Governor and Ten Assistants to continue such until
| the first Wednesday in May next ensuing, it then
provides that those officers shall be elected, on the
first Wednesday in May in each year, at Newport,
"by the greater part of the said Company for the
time being who shall be then apd there pres
| ent." The officers just named, with six persons
from Newport, four for each OF the respective towns
| of Portsmouth, Providence and Warwick, and two
persons for each other town, to be elected by the
major part of the ireemen of the respective towns,
arc to hold General Assembly, twice in every year,
namely, on every first Wednesday in the month of
May, and on every last Wednesday in the month of
October, or oftener, if it shall be requisite. The
members, or the greater part of the members, con-
stitutng this Assembly, e. whereof the Governor
or Deputy Governor, and six Of the Assistants, at
least to be seyen') are invested with the following
general Powers, viz To alter the times and pE,-
ces of of holding the General Assembly To admit
such offices, and elect such officers as they shall
deem requisite To make and repeal such laws,
forms and ceremonies of government as shall be
deemed advisable To establish Courts and appoint
Judges To regulate the manner of election to Of
fees and places Of trust To prescribe the number
and limits of new towns; and finally, to use the
sweeping words of the Charter, " To direct, rule,
order and dispose Of all other matters and things as
to them shall seem meet
1t will be perceived then that the Powers concrr-
ed by the Charter for the organization and admnis
tration of the government, afford much latitude, |
and are of such indefinite import, to leave great
deal too much to the discretion of the legislature
more especially, as, since the Declaration of lnde-
pendence, no appeal can be had, formerly, by AN
aggrcved party to tribunal of the mother country.*
Further than this, variety of instances can he
pointed out which show that the General Assembly |
have heretofore considered the Charter an instr-
ment comforting upon them dominion entirely dis
cretionary.
The Charter, as we have already seen, provides
that the Governor, Deputy Governor and Assistants
are to be elected on every first "Wednesday in May,
at Newport, by majority of the voters then and
there present. This provision the General Assem-
bly, have deemed themselves competent to annul.
BY an Act passed in October. 166t,-ess than
year after the public proclamation of the Charter,
which was made at Newport, on the 9th Of No
yember, 1663,--it was provided that all ircemcn
who desired, instead of coming in person to New
port to vote for General Officers, the first Wcdnes
day in May, might vote in lawful town meetings.
where their proxy votes should bc received, and
thence transmitted to the General Assembly.