The Northern star, and constitutionalist. [volume] (Warren, R.I.) 1834-1837, 1834-09-13

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ion 10 amend the Constitutional Charte,
Of this State.
CONTINUED.
Mr. DoRR-l did not attempt in the oh.
servations before offered upon this sub.
Iject, to go into the question of The nature
and operation of The existing charter, fol
whatever opinions we may adopt, this in
strument is too defective to admit Of the
necessary repairs, aud a new one must
be made by the convention. But as this
Subject has been gone into by other gen.
ltlemen, will add few remarks.
The charter, as stated by the gentle
man from Warren, is royal grant ema-
mating from the King Of England. 1t was
a grant of incorporation to ID land compa-
ny, and its principal object as before sug-
gested, was more edectually to unite un-
der our government the different portions
of this colony. The charter had a valid
existence as writteR instrument till the
4th of July, l776. | should rather say
SO much OF il as remained unaltered by
the Legislature. But at the Revolution,
all the connection between the King ol
Great Britain and this country was dis
solved. All the power existing in the
King, as sovereign, passed to the body OF
the people of tins State, where it contin-
ues to remain. The charter then ceased
to exist rs an instrument binding upon
the people of this State it interposed no
obstacle to the adoption by them Of such
Il form of government as they might deem
proper. 1t is now merely eridence OF the
grants therein made. 1t is evidence OF "a
part of the customary law of this State
1t is in this way part Of the political
common law of this State. The common
law of England grows out Of judicial de-
csons founded on usage. The political
common law or unwrilten constitutions OF
that country, rests largely in usage some
of its definitions are to be found IN bills
Of rights but it is vague and indefinite,
and subject to enlargement or dlminution
by an irresponsible parliament, which ex-
lercises an entire control over the pollti cal
rights OF the people. Now, sir, this is
1.-The case of the unwritten constitution OF
Rhode Island, which is in all respects
within the arbitrary discretion Of the Cen
eral Assembly, and to all practical pur-
poses, no constitution at all, since it Is
what it is, by the sovereign will of an om-
nipotent legislature omni potent as the
British Parliament claims to be and is,
with the nominal restraint of the constitu-
ton of the United States, which guaran-
tees to each State republican form oil
government. Whe have then no ,critte,
constitution in this State. This charter
SIR, is merely tolerated, it rests merely on
the tacit acquiescence OK the people.
have been told that on the breaking oul
of the Revolution, committee was ap-
pointed by the General Assembly to make
such alteration in the frame Of govern.
ment in this State, as the change in theil
circumstances might require. That com
mittee, it is believed, never reported
Since that time one Or two attempts tt
alter it in whole or in part, have beer
made, the last in 1924. Such institution.
of government as ours are unworthy of 1
, free people they ought to be changed
radically and totally.
MIR B. HAzARD-What is the reason
of the great zeal and deep interest whlcl
has been shown by certain gentlemen t,
, obtain this mere verbal alteration of tn,
: bill. One would think that there was NJ
, occasion for such extraordinary efforts
, to change the words amendments to thu
, constitutional charter" to ''forming a con.
= stitution." What is the object of thes'
gentleman in all this? Their object is t
defeat the whole purpose of shis bill, ant
to prevent any amendment being made Il
the charter. The only real difference
= between the bill as it now reads aud th
amendment proposed consists in this, tha
o the one is for the purpose OF proposing
e amendments TO the constitution, and tn
J. other to form constitution. This differ
y ence calls forth all their powers-not tina
d 1 mean any great things but ALL thel
o powers. The gentleman from Warrel
II could not have given more solemn ad
= dress from the pulpit than he has given us
!, | should think he had been appointed I
e deliver n 4th Of July oration in Warren I
d had given it TO Us here. Why is it tha
l. these gentlemen are 80 anxious to pre-
C vent the Charter being amended? 1t
lr not true that il will require many, or greo
p alterations. A few simple and obviou
Is additions only will be sufficient. Such
for instance, as n provision guarding u
poinst failure in the election /; and the ad
- vaotapes taken of il by miscbievous pee
q pie. They allude to the privilege of fish
- inc on the coast and shores. The pee
. !, pie are strongly attached to this and 9th
IN or ancient privileges, secured in this char
+, ter, and he had no doubt that the appre
"a hension Of losing them was one gres
j. cause of the rejection Of the NEW const
ss tuition presented to them by the couver
T. ton Of 1894. Whereas they would rea'
lily have adopted any neccssar, ainen'