Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1834-05-07
WHOLE NO. 214.

7 'iCpuuCu " SohPiCtC VI duiZattob. Luz
i is not necessary to resort to this pro-
vision OF the charter, or to the practice
under it, to establish the validity Of the
power to pass the act Of January, 1892
The general power given in the charter
to the Legislature, "lrom time to time ,
10 make, ordain, constitute, or repeal
such Laws, statutes, orders, and ordinan-
ces, forms and ceremonies Of Govern
ment, and magistracy, as 10 them shall
seem meet" without limitation, is broad
enough to cover the whole ground as
sumed in justification Of that act. IL
Rhode-Island had followed the example
of her sister States Of the Union, aud a
dopted written constitution, il will not
be denied that this power to continue i'm
existence the Legislative body until their
successors should be chosen and enga-
ged, might have been given in that IN
strument. Shall we then deny 10 her
the right to effect the same object by
law, when the people have, by a long
and uninterrupted acquieseence in that
mode of fixing the fundamental prirci-
pies Of the Government, impaired to
such laws the force and efficiency Of q
constitutional provision emanating from
a convention chosen for that special pur-
pose? Your committce hold it to be an
undeniable principle, applicable to all
forms Of Government, that there must
exist in the supreme legislative power Of
the State, a capacity TO preserve itself
from annihilation. Waving, therefase,
all the considerations arising out Of the
charter and the immemorial usage Of the
State, which nig ht be safely relied upon
to justify the act in question, there are
other grounds on which the exercise Of
the power claimed may be sustained and
The constitutions Of the Sc
veral States are, in the broadest sense,
emanating directly from the
people, and subject to be modified and
as the people may think pro-
per. The Legislative power embraces
every object without distinction, which
is no, expressly prohibited by declara-
ton Of rights, or an article Of the consti-
tution. The structure Of the State CO.
vernments, differs in this important re-
spect from the Government of the United
States, which is restricted in its sphere
of action to the delegated powers, and
such as are necessary and proper to car
ry them into effect On this principle,
the Legislature of Rhode-Island, in the
absence of written constitution, could
only be restrained in the extent Of its
powers by some negative provisionspf
The charter, or Of the bill Of rig hts, sub
adopted for the better seouri-
ly Of the people in the enjoyment Of lib
erty. In neither Of these, nor in any
other act or instrument now i1 force, is
there to be found any prohibition Of the
power to continue over an existing Le-
gislature sntil their successors shall be-
duly chosen and engaged. The act Of
1882, was deemed to be neces-
,ary, to preserve the Government from
and to provide for new and
extraordinary elections by the people
1t has been sanctioned by the people by
heir action under it, in their primary ca
pacity, and by the constituted authorities
,f their State in the several departments.
All the laws, either Of a private or gen.
,rai nature, passed by the Legislature at
heir several sessions from the first We'd
,esday of May, 1882, to the close Of
he session January, 1883, are now in
all force and operation. The highest
judicial tribunal ofthe State was compos-
ID of judges elected in Grand Commit
ee of the two Houses at the August
ession, 1892; and their commissions
sere issued, under the great seal Of the
State, and the signature Of the govern0r.
vho was continued in office by the pro-
isons Of the act Of January, 1882.
Your committee could not expect to
nd evidence more satisfactory Of the
haracter Of the body by which Asher
the sitting member was elected
Senator to Congress in January, 1888.
The constitution of the United States
EXPRESSLY declares that "the Senate Of
he United States shall be composed Of
wo Senators from each State, chosen by
ne Legislature thereof" but what is the
efinition or the term Legislaturel Roth
s literal and technical me gaming is, "the
over that makes laws" 1t is the high
st attribute Of sovereignty, and meyges
u other powers when it does not trans
end the limitations contained in the
constitution Of the State
Vhen, therefore, we find that, during
10 existence Of the General Assembly,
ne branch Of which was continued and
ED their seats by virtue Of the law Of
nnuary, 1892, this Legislature passed
,urteen laws Of a general nature, and
venty eight private acts, many Vt them
cts OF incorporation, besides numerous
solutions on various subjects falling
thin the range Of legislative power,
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