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

greater or icss--ds upOn tWO-llifdS ol
the number y0ting-or upon commit
tee five or three If they can give to
u majority o. The votcrs the right to
make one law, they may by The exercise
! OF he same poverty the mere form
4 OF "A legislative act-dclcgatc 10 the pCo-
, pie The r!ght TO make any or all la"s,
\ This, it is evident, would materially
\ change, II not destroy, the Constitution
tseli and that by a legislative act when
the people Lave provided against any
\ change except in Tie mode therein point
ed out The Constitution gives 40 veto
power to The Governor; yet II you can
legally pass this bill, you may con er
I that power upon him by IN act Of the
General Assembly. The people have
refused 10 grant even this negative
power to the Executive, but you may by
the same authority which is claimed in
this bill, not only invest Eim with that,
but with The power OF making the law
II itself; for as the Constitution recognizes
neither the Executive nor the people as
n part OF The law making poweI, 50 tie
delegation OF that power TO the one
would be just as constitutional as 70 the
/ other.
The Congress Of the United States Is
! composed of two houses, in one Ol
which population is The bnsis OF repre-
senlation, and in the other the States
are equally represented. In the latter
our own little State hasa political weight
elual to the largest. What would he
said of an act Of Congress by lis terms
made dependent Tor It's effect on Il sub
scquent vote Of the whole people2 And
what would be said Of our Senators who
should thus trihc with and surrender
the political power OF their constituents ?
Having thus cndeavored to slow that
the legislative power is exclusively vest
cd in these two houses, and that 1t cam
MT be delegated to any person, or to
any number OF persons, let U.s. now con-
slider the only remaining question:
Does this hill delegate the power to
make Il law2
Ii declares that the act shall stake
efect" from the first day Of June next, #
"a majority OF voters shall vote for il on
! certain day. This is a mere proposition
| TO the people to vote and thereby make
! law; proposition which might just as
well be made by the Governor as by the
Legislature. II proposes to the people
the question-"Shall this bill take eDecR
and that question it does not and 1t
could not, compel them 10 answer. If
! the voters d. not vote at all, the act
does not take effect II one hundred
votes are givcn AYE" and ninety nine
/ "no," the bill becomes a law and ii re-
/ quircs no further Legislation TO give il
/ the force oil law. 1t Is the action Of the
voters. then, that alone gives II force
and vitality.
v hat is the definition OF law so far rs
1 "rulc of conduct" When is this bill Il
/ rule of conduci2 Not when it leaves
/ the hands OF the constitutional legislative
power, bot only when a majority Of cr-
soas, not recognized in the Constitution
as part OF the Iaw-making power. give
! their assent to it. tls no rule Of con-
/ duct until it "takes cllcct;" and il can
not take effect but by this action Of the
people. Til then, il is IA dead lctcr, az
iccling no rights, imposing no duty:
commanding nothing, prohibiting moth
! ing; in short, in no respect n 'rulc OF
Duct bul in every respect, power
less, iteless, and destitute of a single nj
tribute of law. True, il has the outward
semblance, but it wants tina, vitality,
which can make i, tar, and which the
people only can imPart to ii.
This, say, is creating by the Gencr-
al Assembly, a new legislative power
unknown TO the Constitution, upon
whose will only, this bill is to become
law or rule OF conduct thus destroying
The Constitution rs IA compromise, break
ing down the security afforded by lis
checks and balances, and subjec'ing the
minority TO the control VI q e very pow
cr it was intended TO guard them against.
II is sir, Tor the reasons have given.
NY deliberate and sincere conviction,
that the bill before Ills Is uncons,ituiion-
al in lis form, and that If we pass II we
exceed the authority vested in US lis the
representatives Of The people, and es-
tablish most dangerous precedent
Believing this, cannot vote for it.
The friends OF this measure in their
ardent desire to accomplish the great
moral imp provcment which they antlc-
| pate from The enactment Of the law, siE-
cerely believing, as most willingly
concede they do believe, that such an
act is Essential TO the accomplishment Of
great and most desirable reform,
may perhaps too readily lose sight OF,
| or be inclined 10 consider as triling and
of li,tIe weight, an objection such as |
have urged.
| But | would remind them that there
are other questions presented by the
\ bill which are with many The subject Of
grave constitutional difficulties; and
would ask them il 1t is ise, or desirable
even if the bll! can pass in no other form,
10 pass IL III this form and thus enbar-
rass its execution with the additional
constitutional question have presented.
Some Of us too may perhaps consider
the question too unimportaLt 10 interfere
with natural desire to avoid a direct
and conclusive vote upon question on
which the public mind is nj this IN moment
SO much excited. Sir, we are here in
the discharge OF high and responsible
duty, and we cannot bc too often re-
! minded that il we would preserve aud
perpetuate the regulated liberty securcd
by our American constitutions, there
can TO legislators be no question so un-
Important rs TO justify the omission Of
constitutional duty, and no moral or po-
Iitical objec, so desirable, no expression
OF popular feeling 80 strong rs to ex.
cuse the disregard Of constitutional res
,ralnt or the assumption Of unconstiil-
ttonal authority.
We may in no case do erH that good
ocy come n a, and we may not even
to do a great right, do n iitlIc wrong"
We cannot be loo often admonishcd
that the danger hes in the precedent,
that what is done with good motives
and fora Iaudable object to-day, may
with other motives. and for nnY nhect.