Rhode Island American And Gazette

We publish to-day, the protest of thirty members of the House of Representatives, against the recent election of United States Senator, by our General Assembly. It is a manly state-paper, and will be read with interest, by the people. We have been an attentive observer of politics, in this State, for the last twenty-five years; and we have never seen such a flagrant violation of the people's rights, as this election has been. Nor was there any necessity for it. Another election of General Officers could have taken place in February, and the Assembly could have adjourned. Oh it is too bad! No one can look upon this Senate with any degree of composure. A greater hoax, never disgraced the seats of legislation—there tools and poor tools in the hands of their masters. The following names are subscribed to the Protest, against the election of Asher Robbins, which was published in the Herald, of Friday last, viz: Elisha R. Potter, James D'Wolf, Christopher Allen, Ichabod Davis, William Sprague, Jr., John James, Rensselaer B. Smith, Hazard K. Carpenter, Thomas Remington, Andrew F. Potter, James Allen, Archibald Millikin, Wm. James, Benjamin Sprague, Rowse H. Dawley, Benjamin P. Thurston, Samuel Ross, Jeremiah Sheldon, Bennett Low, William T. Browning, Gideon Burgess, Benjamin Medbery, William Greene, Edward Wilcox, Thomas J. Hazard, Benjamin Wilbur, Job Randall, Dutee Lapham, Dan King, Amasa Eddy, Jr.

THE STATE OF RHODE-ISLAND AND PROVIDENCE PLANTATIONS. House of Representatives, January Session. The undersigned, members of the House of Representatives, entertaining an unyielding attachment and respect for the unaliened and reserved rights of the people; and firmly believing, that the election of Asher Robbins to the Senate of the United States on Saturday last, by the concurrent act of the present officiating Governor and Senate, with a majority of the House, is wholly unauthorized by the Constitution of this State, and repugnant to the settled and deep established usages and customs thereof, deem it their imperative duty to enter their solemn protest against said election; and do hereby publicly and solemnly protest against it, as an act of legislation, unwarranted by any express or implied constitutional principle, and an open infringement upon, and an usurpation of the sovereign rights of the people, to which they never yielded their assent, and by which they ought not to be bound. First—Because it is a settled and established principle, that a Grand Committee for the choice of officers, must be formed and constituted by a Governor and Senate, and House of Representatives duly elected by the people; and, no otherwise duly qualified to make choice of such officers. Second—Because the officiating Governor and Senate, who, as a co-ordinate branch of the State Government, formed the Grand Committee on Saturday, and, by whose co-operation with this House, was effected the election of the said Robbins, a Senator in Congress, for six years from the fourth of March next, are not so elected by the people; but, who assumed to exercise the functions of their offices, by virtue of an act entitled "an Act in addition to an Act entitled an Act, regulating the manner of admitting freemen, and directing the method of electing officers in the State," passed in January, A. D. 1832. Third—Because said Act was intended, in the event of a failure of an election of Governor and Senate by the people, only to preserve the legislative form of the Government, until an election of Governor and Senate could be made by the people: and never was intended to confer upon a Governor and Senate the power of electing others, (themselves not being elected by the people,) and does not confer upon the present officiating Governor and Senate, the right or power of joining this House in Grand Committee for the choice of any officer, much less that of a Senator in Congress. Fourth—Because the present Governor and Senate, when elected in April 1831, were not chosen by the people, with any view of electing a Senator as aforesaid, nor have they ever taken any obligation, binding upon them in regard to such an election, the term of service for which they were so elected, and the oath of office then administered to them, terminating with the political year on the first Wednesday of May, A. D. 1832. Fifth—Because as the vacancy in the office of Senator does not occur until the 4th of March next; and as one or more elections of Governor and Senate by the people, were specially provided for by the aforesaid Act, the people might have had one or more opportunities of expressing their opinions in relation to the choice of a Senator; and as the House might have been adjourned and continued in Session from time to time, as of the annual October Session, before the 4th of March, there was no necessity of proceeding in the choice of a Senator at the present time. Sixth—The election of Asher Robbins, by the votes of the present acting Governor and Senate, therefore, in manner and form beforementioned, has virtually deprived the people of the opportunity of again expressing their wishes in regard to the choice of Senator; and is, therefore, in the opinion of the undersigned, an arbitrary infringement upon the sovereign and reserved rights of the people, justified and justifiable only by unauthorized legislation and usurped powers. Seventh—Because, the election of said Robbins was accomplished by said Grand Committee, in the absence of members of this House, whose settled opinions were known to be opposed thereto; and whose absence at this time is occasioned by the visitations of sickness. Eighth—Because, deference to the majesty of the people required a postponement of the choice of senator, until a Governor and Senate had been duly elected by them; and by them clothed with the constitutional right of making such a choice. Ninth—Because, by the constitution of the United States, when a vacancy occurs in the office of Senator in the recess of the Legislature, the acting Governor, (if he rightly exercises the office of Chief Magistrate under the aforesaid act, and without an election by the people,) is authorized to fill such vacancy until the meeting of the next Legislature: we cannot refrain from the conclusion, therefore, that the election of Mr. Robbins was pressed at the present time with a view of screening the acting Governor from all responsibility of an act, which must have brought up the constitutionality of the law, by which he now assumes to administer the Government. Tenth—Because, it is our deliberate opinion, that another choice of Senator, by a Legislature, both branches of which shall have been duly elected by the people, will and must supersede the election of Mr. Robbins, and render it null and void. Wherefore, the undersigned make this protest against the validity of said election, as an act due to themselves and their constituents, and respectfully ask that the same may be entered on the journal of this House. [Here follow the names of 30 members of the House, who signed the protest.]