The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1834-08-09
NORTHERN sTAR.
r.. I. SATURDAY. AUG.p 1894
: THE OoM STITUTIoN or
RHODE.ISLAND.
NO. 3.

i NO. 3.
Assuming the point, (which attempted to es
tablsh in my last viz. that we now hive no ..'ovi
Ten Constitution. shall in the present No. endeav
or TO shew the great disadvantages which must nee
essarily follow and which we have found. by nm
happy experience, actually do result from form
Of government administered upon basis 80 fuct
uatng.
The advantages Of written Constitution arc
many and great ; and undoubtedly every intelli-
gent reader has familiar acquaintance with them
I Very much may be said on this point. bu, as it il
not SO mnch my intention to shsw the very greu'
advantages Of something we have notyss to ex-
hibit the Disadvantages Of what we alsG)dy have
will leave this point, by quoting Gom q commcn-
! tary the Constitution which has lately been
Published.
The great advantage OF written Constitu-
tion consists in is accurately defining the limits OF
the three great departments of Government, and by
proper checks and securities preserving unimpair-
ed the principle Of Representations in regard to the
exercise both Of the powers Of Government, and
the right Of delegating them to the representative
Where the Constitution depends on tradition, or
isto be collected from the proceedings Of the Gov
ernment itself, there be no stability in the sys-
ten, and Of course certainty Of security under
it as every new act Of the Government may in
troduce a new principle, und the Legislative pow
er may, from its omnipotence, alter the Consttu-
ton ut IFS pleasure.
A written Constitution, therefore, is most con-
ducive to the freedom, security, and happiness of
individuals, as it may be appealed to by the Peo-
nj md anfO hv tta yunic inl Il,
mental and paramount law, binding on the Legis-
lature itsef.''
In my last, remarked that Constitutions are
derived from three sources, viz .' Tradition, the
proceedings and acts of,he government itself, and
a written compact
Our present Constitution is derived from the two
former only. would observe, as an illustration
of the first, that it is part Of our present Cops
tuition, that the " oldest member from Newport
shall call the House of Representatives to order,
when they are first convened after an election
But by what authority does a particular member
from particular town, do this act for no other
presume, than that our fathers did so before US.
What commission does the Executive and Senate
Of this State have for the discharge Of the import
ant function ofther high offices Why, when n
choice has been made Of Governor, Senators, &c.
whoever happens to be totvn sergeant Of New
port, stands on the Court House steps, and pro-
claims with stentorian voice to the people down
the Parade ifthere should chance to be any there,
that his excellency is elected Governor, Sc for
the year ensuing. Ifit were not for. the limited
oc ,bo Il. al
dom Of the press," and the disposition in man
kind to hear aud to spread news, the good people
ofthe State might remain in utter ignorance, as to
who is Governor. &c. unless they should be ut
Newport and in the vicinity Of the Court House,
when the aforesaid declaration was made. MANY
years since, when il was customary for the people
(FREEMEN Fshould have sad,) to meet at New
port, it was proper enough. to tell them whom they
had chosen for state officers by proclamation.
The Governor, 1t. Governor, Senators, General
Treasury, Secretary Of State, and Attorney Cen
eral, all perform the duties Of their Office, as un-
ders,and, without any commission at all; SO that
If in the discharge Of any particular duty, the pow
Of any Of these Offices should be called in ques-
ton, they could shew nothing at all which would
give them the shadow ofan authority to execute
those duties which il right and lawful for them
TO perform. unless they might find the Secretary Of
State and ascertain by the proceedings of the Leg
islature what authority they bad or peradventure
the Town Sergeant might be hunted up, who
would testify that he proclaimed them so and 80,
or the common speech of people might be taken
nc sufficient commission. s.y <
But II 10 M constitutional for themto act without
a commission, AZ with one, simply because trsdit-
ion and general use has made it so. The other
source Of our Constitution Is the proceedings and
acts oftbe government ITSELF
This Is very general and covers almost every
supposable case but where this does no, extend,
where there are cases which are provided for by
the" Royal CAarfes," and not by an oct Of the
Legislature, then that is perfectly cos,i,a,iona-
This point needs no illustration.
You may think, Mr.. Editor. thst ! am IoSgI
lime coming at this subject, bot wish TO begin at
lhe beginning and leave of When get through
| csa only know when get ,hsvueh BY conmsne-
sg al the foundation. Before proceeded 70 .
psacuIar disce.sion, wished to shew what osr
pseseu, con,tsztion s--frorn what is derived