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Letter to Editor
November 21, 1846
Republican Herald
Providence, Providence County, Rhode Island
What is this article about?
Letter to editor disputes correspondent 'Crapo''s claim, arguing three Supreme Court judges hold office unconstitutionally under 1843 provisions, as they lacked eligibility unlike the Warwick representative; signed Loco Foco.
Clipping
OCR Quality
95%
Excellent
Full Text
MR. EDITOR.—Your correspondent, "Crapo" calls our attention to art. 14, sec. 1, of the constitution, as follows:
"All civil and military officers now elected by the General Assembly or other competent authority, before the said first Wednesday of April shall hold their offices and may exercise their powers until the said first Tuesday of May, or until their successors shall be qualified to act."
He then asks—“Are not three of the Judges of the Supreme Court qualified in holding on under this provision?” I answer, no. The 3d section of this article virtually abolishes the old Supreme Judicial Court under the charter, by establishing a new Court to succeed it, with the same general jurisdiction but with a new title, viz.: "The Supreme Court", and a new tenor of office and some new duties. The first General Assembly held under the new constitution in May, 1843, considering that the Judges of the old Court would not be Judges of the new Court, by holding over after the old Court had become extinct, elected the Judges of the old "Supreme Judicial Court" Judges of the new "Supreme Court."—This election admits that Judges holding under the new constitution till their offices are vacated, must be elected under that constitution. The only question therefore, is, were these three Judges, not being members of the Assembly when elected, constitutionally eligible to their offices? There is no question that the fourth Judge was so eligible when elected, for he was then a Representative from Warwick. His election was a cautious and judicious proceeding.
Loco Foco.
"All civil and military officers now elected by the General Assembly or other competent authority, before the said first Wednesday of April shall hold their offices and may exercise their powers until the said first Tuesday of May, or until their successors shall be qualified to act."
He then asks—“Are not three of the Judges of the Supreme Court qualified in holding on under this provision?” I answer, no. The 3d section of this article virtually abolishes the old Supreme Judicial Court under the charter, by establishing a new Court to succeed it, with the same general jurisdiction but with a new title, viz.: "The Supreme Court", and a new tenor of office and some new duties. The first General Assembly held under the new constitution in May, 1843, considering that the Judges of the old Court would not be Judges of the new Court, by holding over after the old Court had become extinct, elected the Judges of the old "Supreme Judicial Court" Judges of the new "Supreme Court."—This election admits that Judges holding under the new constitution till their offices are vacated, must be elected under that constitution. The only question therefore, is, were these three Judges, not being members of the Assembly when elected, constitutionally eligible to their offices? There is no question that the fourth Judge was so eligible when elected, for he was then a Representative from Warwick. His election was a cautious and judicious proceeding.
Loco Foco.
What sub-type of article is it?
Persuasive
Political
Informative
What themes does it cover?
Constitutional Rights
Politics
What keywords are associated?
Supreme Court Judges
Constitution Eligibility
Article 14 Section 1
General Assembly Election
Warwick Representative
Loco Foco
What entities or persons were involved?
Loco Foco
Mr. Editor
Letter to Editor Details
Author
Loco Foco
Recipient
Mr. Editor
Main Argument
the three judges of the supreme court are not qualified to hold office under the new constitution's provision, as the old court was abolished and they were not constitutionally eligible (not members of the assembly when elected), unlike the fourth judge who was a representative from warwick.
Notable Details
Quotes Article 14, Section 1 Of The Constitution
References 3d Section Abolishing Old Supreme Judicial Court
Mentions Election By First General Assembly In May 1843
Notes Old Court Became Extinct And New Supreme Court Established