Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-02-11
Speech Of the lion. Asher Robbins

On the memorial OF Smithield, praying
for u law, giving to SAID town All ad
diiionul representative. MIR. Robbins
spoke as i,llows:
movo that this memorial be inGei
nilely postpone d, on The ground that ihi:
Genera Assembly has no jurisdiction on
the subject.
BY the charter, the legislature Of this
State has two bases ono for the repre-
seniaiion OF the towns, the other for the
representation of the people without re-
gard to the towns. The representative.
oi the towns form one branch of the Lee
gisIature, and the representatives Of the
people, without regard TO towns, form
the other branch. Each branch posses
ses an equal share OF The legislative pow
.er, and cacb branch has a negative upon
the other SD that each branch has u
ron,ro! on The whole legislation Of The
state aud SO that no law can pass that
i, not agreeable 10 The ma joriiy Of the
frccmen Of the State numerically told, OF
what is the same thing, 10 majority of
the representatives OF the frecmen OF the
State numerically told.
This is the chaher-legisla,ure Of this
State. This Legislature have always so
considered il, and have always acted
upon il as such, in NIL lis fundamental
provisions, aud especially those as to the
conslltu'irn Of the legislature, and as TO
tho distribution of the several powers Of
government. There has been no in
stance in which the Legislature has con-
sidered Itself as independent of these
fundamental provisions. There have
been varlons attempts at vari0ns tunes 10
lije over these provisions by legislation;
but they have always been promptly re-
pudiltcd. recollect one, when, many
years ago, was Il member of this as
scmb!y, not unlike the orc now proposed );
but il was met and put down at once ;,
and the mover, then leading member,
became so convinced on reflection, or
on both, that he himself was glad to
give the proposition the go-by, and never
afterwards renewed ii.
Nov, This memorial from Smithfeld
nssumca tho principle that the charter is
dead letter, nnd that the legislature ia
wholly independent thereof, and in no
respect is bound thereby; for il goes 10
what is fundamental by the charter, that
Is 10 the constitution of the legislature
nsrlf Ii this be not binding, nothing in
II u binding, and the charter is entirely
done away. On This ground. therefore,
that the memorial is for all act that is by
ibe charter unconstitutional, | contend
that the legislature has no Jurisdiction of
this subject. nor ought tho consideration
ihceOfip be entertained nj all.
Bat ihcre is another ground ag gainst the !
jurisdiction, and no less decisive.
For supPos" the charter done away
wha; powes has the legislature on this
subIecl? Not the least, not particle OF
power For the p"wer proposed 10 be ex-
etciScd ~ this cnse Is n sovereign, not a
Iegislslive, powcr-n power belonging |
fo the people themselves, not 10 tho leg
islaiufo--a power 10 be exercised by the
people thrmsrlvcs, IN their original ca
pactiy m s"vefeicn. Assem- bled in their
own oonreniion. For II goes, as have
ss,,l, to The ccnst;iUtion ol the legislature
itself Thi, assembly ohn no more alter
fbss constitution, Than they, themselves,
eo.iJ make ihcmsslves The legislature
without the p"ople, or independently Of
lar pscrlr. !fre sss. rphir could do this 7
'l,s cenld nov fame 'he sovefn"tni