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

Assembly; whereas, the General Assembly, directly
contrary TO that provision, enacted in the year 1866,
that the freemen should be admitted by the freemen
OF the respective towns in town-meeting.
The Charter also appoints that the Governor,
Deputy Governor, and Assistants, with the Repre-
sentatves chosen by the several towns, shall hold
General Assembly without any provision for form
ing two separate Houses and yet, by an Act Of
the General Assembly, passed in 1896, the Governor
Deputy Governor and Assistants are to sit sepa-
rately.
The act authorizing Lieutenant Governor, or
senior Senator to discharge the duties of Governor
IN case oil vacancy by non-electon, death or resig-
nat'on,-or oi his absence or inability, is another
instance OF the exercise of a sovereign discretion by
the Legislature, for the purpose Of remedying de-
feet in the Charter.
We wish to be understood, that we consider nci-
ter OF the above Acts in itself Objectionable. We
have pointed them out merely as being essential de-
'iations from some OF the most precise directions
set down in the Charter.
Bun what ,nast be thu,glt Of ,helAct of sbe Gem
eral Asseinbly* excluding Roman Catholics from
the polls The Charter, in this instance, was
treated as perfectly dead letter; for II expressly
provides" That no person within the said COLONY.
at any time hereafter, shall be in ann ,pise molcst-
ed, punished, disquieted, called in question for
any differences of opinion in Matters of Religion,
who does not actually disturb the civil peace.1
act of tyranny referred to, not only mocsted5 and
" dsquietcd,' but "punishcd;" and that too, by
denying to them the incstimable right of sufrarei
10 come down to later pcrod-Soon after the
State was, with the other States, acknowledged
Free and Independent, the General Assembly pre-
sented singular example of high handed preroea-
tive. The Judges ofa Court in discharge of their
imperative duty, had ,cntmed TO decide that an Act
passed by the General Assembly, and deeply Affect
ing The rights OF citizen, was repugnant to the
great principles OF liberty contained in Magma
Chdrta, and was incompatible with the acknowl-
edged rights of even British subjects. For thus
daring to deny an unlimited and irresponsible power
IN the Gcneral Assembly, those Judges were arragn-
ed before that body, when they barely escaped being
punished with dismissal from Office. The conduct
OF the General Assembly in that instance, compUts
well with the declaration made by one of the most
prominent members of the House of Representatives.
whlle standing IN his place, viz. that the Legish-
ure OF Rlode-lsland was OMsIPoTEYT. This
declaration was made within the last twenty wears,
and cannot have escaped the recollection of many
now living.
The General Assembly would not have proceeded
as they did in the just mentioned had they not
been enboldened by the Charter, which leaves it i'm
Their power to make and unmake Judges once a
year, or ofencr if they see fit. Is not this capial
defect We shall have more to offer on this subject
by and BY.
VIVA, sniii we say oI an instrument OF Govern
ment which is uncertain enough to leave it to be-
made question, whether upon failure to elect
Governor and Senators, the Government itself fell
through, and with il the Legislative Acts of'the en-
suing year, the Titles to large amount of property
and the Proceedings and Decisions of the Courts!
We shall say, if we are just to ourselves that it
should be forthwith dispensed with, and that new
one should be adopted by the People without delay.
The Charter is farther essentially defective in
having affixed certain Representation to each town
for all time to come; thus making no provision for
the changes that might happen.
No form OF Constitution can be worth much,
which leaves to the Representative Servants of the
People the power of determining the Rights Of the
People as voters. The People ought always to do
this for themselves, and not leave it to be done for
fC0ntinued on last page.l