Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-01-27

/ WEDNESDAY MORNING, Jan. 19, l8<S
/. Petition of George Wardwell aud others
for the Liberation Of George Wilson, con
fined in the State Penitentiary for theft
committed in meeting house, 10 a tri.
fling amount. The prisoner stated, IL
his petition, that the act was one Of pas.
SION and ihoughilcssne.s, IN moment ol
'intoXicaiion aud irritation, without tn c
intent of theft. The petitions were sign
ed by 60 or 10 of The respectable inhab-
Iian,s of Bristol, where the act was com
mltted, aud whore the prisoner belonged.
There were many circumst ances Of n
distressing character connected with the
family oi the prisoner, stated by Mr..
Howe, of Frisiol, which that gentleman
thought ought to recommend him 10 the
mcrcilu considerations of the Assembly.
i he only ground of objection TO the
! grant OF the petition was, the inexpedi-
cncy OF interfering, in this case, with
the operation Of the law.
4 The subject was finally laid on the
table for the present.
| An act presented by Mr.. A.well, re-
lative to bail on mesne process. Road
once, and referred to the Committee Oh
the judiciary.
! by the same-An act IN amendment
/ Of an act relative To the education OF
children employed in manufactures -
! Read once, and referred to the Commit.
tee on the Judiciary.
i a bill introduced by Mr.. Howe, to
| diminish the expenses of the collection
! of small debts, was read once, and re-
| lerrsd to the Committee on the Judiciary.
H AFrERNooN.-The committee on the
! petition of the Smnhville Seminary, tor
ii loan, reported in favor OF the prayer OF
the petition, on condition that approved
security to the State he given. The
! prayer Of the petition was granted.
I Mr.. Atwell gave notice tha, he should
/ tomorrow morning, call up the bill sub.
mitted by him, relative to the Consllu.
ton adopted by the people of the State
|, by invitation from the House, the
Governor and Senate came in, to attend
the trial ofprivate petitions on the docket,
| Petition Of Wm. G.. Manchester, ct al i,
for revival Of chartcr-granted
\ Petition Of Thomas Il. Hazard, vs..
| tho estate of Charles Low--leave to
withdraw.
A few other petitions were passed owe,
for the present, and the Governor aud
| Senate retired
Il MIR. DIXON introduced an act in a.
mendment of an act relative to descent
OF lntestate estates--read once and re-
iered To the Committee on the judiciary.
\ Mr.. Howe submitted an act to adjourn
the January term Of the Court Of Com
mon Pleas in the county OF Bristol, to
the second Monday in February next.
The rule was suspended, and the ACT
read twice, and passed.
| MIR. Clarke, of Providence, called up
the petitions of George Wardwei aud
others, and OF George Wilson, for the
liberation Of The latter from the State
Prison. The subject was farther dis
cussed, and finally, the House voted 10
release ;he petitioner
| THURSDAY MORNING, Jan. 90, the pc
lil"n oi Peacedaie Turnpike Co. for an
act oi Incorporation, was granted.
MIR. Atwell called up his bill relative
to the Constitution, &c. aud moved that
It be referred to "A committee of fifteen,
10 be selected, three from each county.
Mr.. Randolph opposed the motion
That constitution WAS not in conformity TO
I law, and against law. 1t was derog atory
to the dignity Of this House to have any
thing to do with its acts. 1t was not in
the sphere of legislative duty. He did
not see how individual members could
reconcile with their duty such a course
as the one proposed. There are two
ways OF changing IA government. Que
Is by revolution, by greater or less force,
and the other through the laws. This
constitution was framed by a self consti-
tuted body, and claimed TO ba the fun-
damental law Of this State 1t was ont
Of the power of this Assembly To act in
The manner proposed and adopt the pro-
posed document
This constitution was framed confess
edIy by minority Of the people. a
small minority voted for the delegates to
the convention which framed it. Even
1t the signatures Of majority Of the
people Of this State had been obtained TO il |
alter 1t was framed, still it could not be
law, for this would be acknowledging |
the right OF any one man to frame con.
stltuiion, aud # he should obtain the ap-
probation OF a majority, then il must be-
come The fundamental law of the State. I
The fact Of the constitution having been
framed by minority, renders The cases
precisely similar.
lie was opposed to the appointing of
any committee. An inquiry mus, be
the basis of action. Even if all the
statements were true and this conslitu.
tlon had been adopted by majority,
which he denleG, still this inquiry would
not be of any use, ,as 1t was not in The pow
er OF the General Assembly to act upon
the matter.
This Assembly have called conyen-
ton OF their constituents, to frame con
They believed the time bad
come when such a measure was needed.
j he ireemen Of this State had sanction
ed that call, aud appointed delegates 10
such convention. Over this body the
Assembly have no control. IL would be
ranscending their powers, to pass any