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

Of the state; they could make the eSccu-
tive what they Pleased, the judiciary
what they pleased, the c"inpos'ii"n OF 'l,e
Legislature what they pleased. | would
be glad TO know ifthcre is member "i
this assembly who will rise ~ his place,
and say that this legislature, as a irgisia-
ture, has power to new frame or change
the governnen! Of this state; 10 make
for example, The executive an indePfnd-
ent par, OF the legislature, win n mega
live upon all laws, wih power OF appo'n-
men, to all Offices, and with term ol
office for three years instead ci one =
10 make tho judiciary independent, and
their appointment (or life, or during good
behavivri Or to make any other luuJa.
mental change Of tho government! II
there be such u member, let him ailse
and uvow himself, then shall know TINT
there - at least one man in the state who
holds that the people are not sovereign
over Va, bui that We are sovereign over
them. Or, il the re be one member who
holds that the power TO alter the consti =
tuition of this legislature Is not SOW
erclgn power, belonging to the people, !
should like to hear HIM defend that propn-
siiion. But let him not say, for 1t Is u"
answer TO say, That The proposed rs but II
small change, for the question IS as Ia the
Importance OF the change, but power to
make it. Bc the change small or great,
tho power exercised is the same power,
and is just az rqunl to The cnc as 10 The
other
On this ground, therefore, that the
power proposed io bo exercised Is II
sovereign power, not a legislative power,
| contend that This legislature has no iu-
risdiclion Of this subject, and that tho
consideration thereof ought not t" DC en-
tortained at all.
Besides, it this General Assembly
were reckless enough Tor it, and disposed
To usurp this sovereign power Of the peo-
plo-lh exercise of il Is n phys al I'M
possibility. For the memoriaIisis p,li.
ton for paramount law law that is
To- have the force OF constitution Il
law that controls aud that is nnt to be
controlled, and therefore is called the
paramount law. Can you pass n para
mount law! Can you pass law that
may not be repealed al the neXI session
by your Successors: that may rot be re-
pealed by yourselves at thisf The
legislature cannot make law which a
future legislature cannot unmake OF
pleasure unless il be its nature eXecu-
tory and executed or in tho nature OF
a contract and that within the compe1
tence Of the Legislature to make. Be-
sides if this law should be passed, and |
should not be repealed, future legisla-
lure would not be bound by it for up
on principle il would be itself nullty
nor could the third representative from
enitlc himself ~ a sc al under
it,
Still ! am not surprised that this me-
mortal has come here. For the people,
whose vocations and pursuits have not
connected them with these studies, are
very apt to con.ound these two classes (; |.
the sovercign--which belong to the peo-
pie and tho deicg gated-which belong
to the Legislature. And particularly so
in Rhode Island where it is !ashiona-
BILE to say we have no constitution
though We have oil the essential princi-
pies of one and with features that give
stability to our government TINT no con-
stilutien gives TO that Of amy other State
N the union.
Without meaning therefore amy dis
respect to the town OF .SDithGcid, Ga
Town highly respectable and whom l
highly rcspeci,) ! have made the mo-
Iion for the indefinite pos'ponemeut OF
this memorial