Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1852-03-11

ftOF L!H'
Delivered in the Senate, February leih.
Nay il please y',v Ercei1ency:
4 thank The S.aalc Tor the courtesy
they have ex'ended 10 me in the cNptes-
sIvD OF their Willingness 10 hear NE HIS
morning. wiihont continng me 10 ihe
time limited by the rule adopted yesier-
dag. ! would not avail myeeii oi sucii
courcFy on any occasion, when d'd
liot ihink the subject one a great IN
po: lance, aad which ough, 10 be acItd
on only alter The most iuIl and deloer-
ale examination. Such consider the
question presented by The three last
sections ol the bill before ne. Inc hgr
o. these sections provides, that:
This ast should 90 into o6rct from ani iir
,he first eny Of June, A. ID 1852. provided that
,s,iority OF the legal voters of this State, who
al. ynte Oh tine question 10 is heisinaiteI piovLSd,
sa al declare by Their votes ,hatthe are In h'"r
ol the act, othcrwise the same shall not go into
eject until 81 ordered hy net Of the General As-
sembIy."
The tive following sections contain
only the necessary proylslons 10 carry
out the object OF the one jus, quoted.
In my remarks upon tins bill, have
confined myself 10 the consideration oi
the question h, re presented, that Of sub
mining the enactment y a ldU 10 q pep
u!ar poie. have taken this course be-
cause believed the gre"t constitutional
question thus raised. 10 be one OF para
mount importance; and one that ought
10 be presented and considered by the
members OF THE Senate, unconncctcd
with the other interesting topics oil dis
cussion which the bill presents and un-
affected by my own oplnlons npon, all
or any OF those topics aud lor thrsc
reasons ! propose 10 pursue tie same
eoui Sc in the views shall present This
IN )rning.
When last addressed the Senate.
did so without preparation, ana without
having had The opportunity to give IA iuli
examination TO the adJudicaled cases
which sustain the principles lor which
1 contend. L.si, however, the weight
of these authorizes should he impaired
by The suggestion made by the Sena or
from Cranstuu, in his earnest and eio-
quent appeal, that the provisions OF the
Consultations Of the States where tht SC
decisions were made, may dIiier IN Tie
delegation Of the legislative power from
that OF our own State, | propose TO re-
hrvv the minds VI gentlemen from that
didicuIly, by showing that they are all
substantially the same in This respect.
The two first sections Of the fourth ar
liclc Of our Constitution are in these
words:
Ofkhe Leg iSiu'ire I'0rer.
"Scc. |. This Constitution shall he the ST.
yreme L,w Of the State, and any law Inconsistent
tn-l.with shall he void The General Assembly
shalpss all laws neces.aI! to carr! ih' Consti-
mt,vn into effect.
"Sec. 2. III: legislative power, under this
Constitution, shall lie vested IN two houses, the
one u Ue called the Senate, the other the House
of Re representatives.; and both the General Assem-
bly,. The concurrence OF tue two houses shall be
pecesslry 10 the enactment OF laws. The style OF
their laws shall be, II 10 enacted b, the General
Assembly rs follows"
MIR. q. here read from the Constlu-
,ions OF New YORK, Pennsylvania and
Delew ware.
II lwll be aeen that there is here
verbal difference only !; and it will not be
pretended that these several Constitu-
tons in this particular, are not IN sub
stance the same.
The l0lh section Of the 4tlI article Of
our Constitution, which was relied OIL
by the Senator from CranstUD and
which declares that "the General As
sembly shall continue the exercise OF
The powers they have heretofore exer-
cised, unless prohibited III this Constitn-
tiun," can have 10 application to tile
case OF powers specifically delegated
aud drfiucd. To give 1t a general ap-
pIication. would render the Constitution
itself utterly Eugatory tor before the
time oil lis adoption the g, neral Assem-
bly, exercised all the powers oil govern
Lcnt, uncontrolled by written iunda-
ncuIai law.
have already said, know OF no
such exercise ol power by our General
Assembly prior TO the adoption OF our
Constitution, and no such case has been
yet produced. But il such IA case can
be found il can have 10 application
now.
will nov call tho attention Of the
Senate 10 the cases Of Rice Va. Foster,
4, IIarr. (Deieware,) reports, AT, and
Parker VS.. Commonwealth 6, Barrs Ie-
ports, (Pennsylvnnia,) p. 5O7, in both
which Cases 1t was decided that a provi-
sion such as we are now considering,
vas unconstitutional aud tllat the laws
containing it were void.
Mr.. Greene here read from the eases
referred to.
In the case Rice VS.. Foster the points
decided by the Court are thus stated by
the reporter:
"Law is rule Of conduct prescribed by legisa
tive power for the government Of the citizens OF IA
State.
Legislative power in this State is vested in a
General Assembly, consisting Of Senate and
House Of Representatives.
The people have divested themselves Of all leg
islativc power, and vested il in this body. They
can resume it only in the iUrms ol the constitution
or by revolution.
The General Assembly cannot delegate this
power to any other person or body, not even to
the people at large; nor can they make II depend
on the assent or approval OF any other.
The citizen is bound to ob'y tire Will OF the
legislature prescribed in the written statute -
II the statute ~ itself give evidence of legisla-
tive viii as rule of conduct, the citizen cannot
obey III il il subject the legislative will 10 any
other will, the citizen is not bound 10 obey II.
The act of lS47, authorizing the people to de-
cile by ballot whether the license TO retail IntoNi-
eating liquors shaft be permitted among them, cX-
presses no Legislative will on this question, pres
oribes rule of conduct ior the government Of the
citizen, and delegates legislative power to the
people Of each county"
The reporter thus states the decision
Of the Court in the case in Pennsylya
MIA:
"Undcr he Constitution Of Pennsy ylysnis, leg
islative power must be exercised 10y the egisIa-
ture created by that Constitution. Hence the act
Of 1916, giving the citizens Of certain countics
tle power 20 decide by vote whether the sale Of
v'nous and spurious liquors shall be continued
within such counties, aud imposing penalty for
the sale of such liquors, where II majority OF the
votes had been against such sale, is uncoustitu-
uonal anil void"