Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1834-05-07
O. onnre nal.
MIR. POINDExTER's REPORT
CONCLUDED FROM ouR LAsr.)


January, 1882, Uhe particular act now
complained oi) was intended to remedy
Formerly and from the reception Of the
charter mil August 1850, iadure {,
elect gelerdl officers was "A contingency
not to be apprehended, because the free
men assembled at Newport would con
tinue assembled and voting until Il choice
were effected But by the act of Au.
gust, l16O, The lreemcn were To vote il
separate iOu,s, and the votes thus giyer
having been transmitted to Newport
were counted in the presence Of the 60
vernon and assistants Of the former year
in convention with the deputies then re-
Gently elected. If it appeared, on coant-
ing, that there vas no choice by the ma
jor part of the Creemen, there was nN
provision in this act for second trial
for these Offices IN he separate towAs;-
and the body Of the freemcn not being
assembled in Newport, it was impossible
to 60 on in the ancient method, 8 contin-
ne to vote till tie choice was consumnna-
ted. If the requirements Of the charter,
and the usagcs under it, had been strict
iy complied with, the body of the free
men would have appeared at Newport,
the governor and assistants ofthe former
year would have presided in the election,
and the voting would have gone on un-
til an election were completed. The
act Of August, 1850, having changed
this arrangement in the manner above
stated, all that the act Of January, 1882,
did, was 10 follow out its provisions, and
20 declare that the governor and assis-
taDts of the former year should hold over,
while other trials were had IN He sepd-
,aie io,rns, and until an election Of gen
eral officers was effected by those trials,
exactly as they would have held over if
the election had been made by the body
of the ireemcn assembled at Newport.
But of the character Of this act, your
committee will speak more particularly
hereafter.
4. Your committee will barely advert
to two other acts of the Legislature OF
Rhode-lsland which conflict more or
less with the provisions of the charter,
but whose validity they believe has new
er been disputed; such as the act devolv-
ing the powers and duties of governor on
n person who had never been elected by
the freemcn to that Office, IN certdin ca
ses: also, the act authorizing the COVER
nor, in certain events, to appoint times
and places Of the meeting Of the Gener-
al Assembly, although the charter pro-
vides that the assembly itself shall APP
point such times and places; both these
acts being embodied in "the act to pro-
vide for the performance Of the duties of
the governor in certain cases, and also
for regulating the sitting Of the General
Assembly ."-Digcst Of 1922, p. 80.
One other act Of the General Assem-
bly, deserves notice in this connexion, as
illustrating, in striking manner, the
peculiar character Of Legislation in X.
Island. The bill of rights, which, in all
the other States, emanates from the peo-
pie in their primary capacity, in this
State is Incorporated into its code OF
statutes in the form Of an act declarato-
ry Of the rights Of the people.
The foregoing review of the innova-
tions made from TIME to time, during the
existence both Of the colonial and State
Of Rhode Island on the
provisions of the charter comforting on
The people political rights, demonstrates
the power claimed and exercised by the
General Assembly to alter or modify,
without restraint, the fundamental prin-
ciples of the form Of Government trans
mitted to them by the King OF Great
Britain. This power has never been
1enied, either in reference to its validity
,r extent. The right Of suffrage has
,ecn extended to class Of citizens who
lid not enjoy it under the charter;-the
elections directed to be held at New
,ort on The first Wednesday Of May in
ZACH year, are held throughout the State
N such days and at such places as are
for by law; The manner ofhoId-
ng and conducting elections and Of ie-
urning the votes is changed; the Gener-
! Assembly is divided into two separate
each having negative on the
ction Of the other, contrary to the char
nr, by which it is constituted into one
ody; a bill Of rights, which properly be-
,ngs to the constitutions Of the several
tates as a part of the fundamental law,
as been given to the people OF Rhode
sland by a simple act Of legislation
'hcse, and many other primary princi-
les, are 10 be found in the code Of stat
te law of that State, while, OF the an
lent charter, there seems to be scarce
: vestige remaining untouched, ex-
cpt that clause which prohibits the en-
ctment Of any contrary to the laws OF
.ngland, and this became obsolete by
iItue Of the revolution. ~