The Rhode Island Republican

From the Providence Patriot.

DESULTORY REMARKS ON THE RECENT USURPATION, &c.

Our General Assembly have, it seems, elected another Lawyer to a seat in Congress. So that we shall have only three out of four who represent us, lawyers. Perhaps they mean to plead down "the compensation bill," Men of this profession are noted for their disregard to pecuniary considerations. As an encouragement to their exertions, H-, in his resolutions, has given the bill and its coadjutors a severe scolding. We hope, he is not influenced by the principle which actuated the dog in the manger. And we should have been glad if our Reps. had not brought themselves within Mr. Wright's observations, and had proved their patriotism by withholding their hands from what some are pleased to call plunder. H-, in his resolutions asserts, that Congress have converted themselves into salary officers. And Mr. Wright, in defence of the bill, asserts, that the receiver is as bad as the thief. We shall not undertake to decide between them.

Mr. Burrill seems at present to be loaded with dignities and dignified functions. He exhibits a marvellous instance of federal consistency-of hatred to union of offices, State and federal in the same person. A Representative in the General Assembly, Speaker of the House of Representatives, Chief Justice of the Supreme Judicial Court, and a Senator of the United States, all at the same time. By a law of the State, enacted by the dominant party, a person holding an office under the United States, however trifling, cannot hold a seat in the General Assembly. But a federalist may be a Senator, Representative, Speaker, and Judge, and all well. It is no answer, that Mr. B. has not yet taken his seat in Congress. He has accepted the office, for if we are rightly informed, he very nicely thanked their honors for the honor conferred on him, and pledged himself to a faithful execution of his office. By another law, no person can hold the office of Judge of the Supreme Judicial Court and a seat in the Assembly at the same time. That Mr. B. has held, ever since the election in May, and now holds the office of Speaker of the House, and will continue to hold it, if he lives, until next October, we know, for no where can he resign it but in the House of which he is Speaker. That he was elected in May, Chief Justice of the Supreme Judicial Court, and has accepted his commission, we likewise know. That he has not resigned this office we believe, and are almost sure. At any rate, we are sure that if he intended to resign it, he ought so to have done, that a successor might have been appointed, at the late session. And, not having so done, we are warranted in presuming him still to hold the office. We must presume this, or that he and his friends mean to deprive the public of a full court during the summer circuit, merely for the purpose of tickling Mr. B. with a title. We know not what construction a lawyer may put upon all this, but we know that common sense and common honesty can have no difficulty in deciding, and that principles are clearly violated, whatever subterfuges may be taken under the letter, and the quibbles of an attorney. We don't pretend to be very knowing in the intrigues of federalism, but we guess, that Mr. Burrill has rather overreached some, who intended to have flattered him, and then give him the go-by, as heretofore. The usual and constitutional time of election to the Senatorial office is in October. We can hardly believe, that among so many hungry lawyers and place-seekers, he would have been willingly and wittingly permitted to stagger off with such a load of honors. During the summer circuit, Mr. B. would have unavoidably stirred up the bowels of love of some of his dear friends, and pretences would not have been wanting, before October, for laying him by. At any rate, his unreasonable election has made a smoke in the wigwam. Mr. Burrill's term of office as Senator will commence on the 4th of March next. A new House of Representatives will be chosen in August next, whose term of office will commence on the third of October next, and will continue till the May following. If the General Assembly had constitutional rights, at the late session, to choose a Senator to succeed Mr. Howell, we should be glad to know why the General Assembly which sat in February last had not the same right? And why this Assembly, at the late session, had not an equal right to choose a successor to Mr. Hunter, as well as to Mr. Howell, and then successors to their successors, and so on, ad infinitum? This election, we hesitate not to say, is unconstitutional and unprecedented. It is unconstitutional, because the present Assembly have usurped the powers of the next. The existing Legislature, at the time the Senatorial office commences, can alone have authority to elect. Take away this rule, and we have none; but are involved in all the absurdities stated above. The case of Mr. Ellery, which has been suggested as similar, is totally different. Mr. Ellery was elected in the room of Mr. Ray Greene, who resigned. The Legislature, at the same session, elected Mr. Ellery in his place, and whose term of office immediately commenced. This measure was necessary, that the State might, in any event, be fully represented. Not so with Mr. Burrill. His term commences nine months after his election—and during all which time the State will be fully represented. Or, should it not be, were Mr. Howell to die or resign to-morrow, Mr. B. could not take his place without a new election. And then, and until the fourth of March next, he would stand precisely in the situation that Mr. Ellery did. We shall probably say something more on this subject hereafter.