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

EOund constitutional pfincIlIrs hiid just
views Of The powers and duties Of the
representative under our American
forms Of government.
Supported hy such high Judicial au
iEoritirs. and freely avaiilng myself oi
he aid they afford me, wall now On
tenvor 10 recapitnlate ana present IN n
condensed form The grounds on which
maintain that The sections oi this bill
nm now considering are unconstitutional
and therei0rc ought not 10 receive the
eaHriinu Of tbs body.
| say, then. that 10 subGit n law 10
tie peopIc. ar 10 any portion OF The Ico-
le tor thoir ratification &C rejection, cor
ouuds the great distinction between n
rypublican lorGi OF government, where
he rcop.c. Ia matters OF Legislation, act
only through lh,ir representatives, and
n mere democracy, where all questions
are decided directly by the vote Of the
people.
This distinction is well understood, is
admitted by all writer's on government
and Is recognized .by tae Constitution Of
The United States which guarantees to
each State IA republican form Of gov
ernment"
Able anu learned jurists maintain tina,
a State whose government lie mere de-
mocracy, where The representative prln-
ciI!e 10 entirely disrcgardcd, canno, he
Il member OF our Federal Union.
Ii ia not necessary, however, that we
should decide upon ordebalc the correct
ness Of this view Of the Constitution Of
the United States and | wll therefore
Il tl,.. si,larutinn nj
The question We are TO act upon.
The Constitution OF this State is the
supreme law OF The State" and il de-
cIares that "uny law inconsistent there
with shall be void"
The whole legislative power, as we
have seen, is vested IN these two hous
es making the General Assembly;
and these Two houses are instituted in
the manner and upon the basis prescrib-
ed in the Constitution.
The principle of representation nc
cording to nambeIs is utterly rejected
In the House OF Representatives, no town
or city can have more than tpeire mem
be.s and each town, however small may
be lis population, Is entitled TO one.
In the Senate each city or town has
one representative, and one only.
This large and rapidly increasing
city can never have more than one
sixth Of the whole numStr OF Represen-
ta,ivcs III the other and never more
than one member in this house.
la the body thus constituted is vested,
without reservation or limitation lex
cept so far as il = limi'cd by that Con
stIu,iou or by the Constitution of the
United States.) the whole legislative
power OF the State.
The Constitution also makes each Of
the two houses check on the other.
A bill may pass by the unanimous
vote Of the scventy-two members, COM
posing lie House of Representatives,
yet il may be defeated il only II mem
bcrs Of The Senate vote against it.
70 make the vitality or force ora law
dcpendtn; on the action OF the whole
people, or any portion of them violates
the principle OF compromise on which
the Constitution is founded anL dcpriyes
The email towns ot'the relative political
weight which by this fundamental law
was conceded and intended TO be secur-
ed 10 tAem. In fact it makes the people,
by the majority Of numbers or by poru-
larlon, the legislative power. and it gives
to the city al Providence the propC rtion
OF some $4,000. agans, the 400 Of the
town OF Jamcstown, and thus e,adcs, or
rather destroys, the balance secured by
tie Constitution under which The p0 iii
cal weigh, OF Jane csrown. in this body,
il equal 10 that OF Providence
The member OF this body from the
smaie.st town who represents perhaps
the l-4Q0lh part ofour whole population,
has IN this tody in the enactment OF Il
law an equality Of power with the
Senator from this city, who repre-.
scrts nearly one third 0 the same ropu-
laiion.
Now, whatever Of legislative power
the people had, they have not only
parted with it by the Constitution. and
vested 1t exclusively in these "two
houses" bot they have conferred no
authority on the General Assembly to
restore IL; nor have they retained any
right TO recoH the grant except in The
mode prescribed IN Tie fundamental law,
from which we derive our authority, viz:
upon the agreement OF two successive
General Assemblies and by the vote OF
three fiilhs Of the electors
The Iw-mnkny power thus conferred
cannot he delegaied by the representa-
tive. by either of these two houses. or
by the General Assembly.
No authority to delegate such power
is Iound ~ the Constitution. No officer
can increase or diminish the authority
given TO h;m by law. A Senator or
Representative cannot increase or dl
mmIsh the power thus given 10 him by
the fundamental law. lie can only. as
one member OF c:her Of tie two houses
give his vote for or against the enact.
mrni OF a law. He has no right 10 de
stroy, to lessen or tn hazard the po!iti.
cal weight given TO the town he repre-.
sents by the Constitution he swears 10
support. He can no more subject il 10
the chances Of the ballot box, than 10
those of the dice box. 70 illustrate this
in manner familiar to us all. could
say, the Constitution is his letter Of at
torney ANA II contains no power Of sub
stltu!lon. We must remember too that
II is not merel y IA pouer which is thus
conferred on the representative. 1t is a
dUty imposed on. aud a trust confded to
him d duty and trust To be performed
oaIy hy The representative himself
The idea Of such duty or trust ir-
wolves in itself the necessity Of it's per-
sonal exercise Nor Is il a trust that
the representative may execute or not at
his pleasure. He is sworn to execute
II "to the best Of his ability and under
s'anding.'
In tic discharge OF this duty most
fully admit the right OF his constituents
10 make known to him their opinions
and wishes, and the obligation on his
part to receive and give to those opin-
IONS the most respectful and careful con-