Rhode-Island constitutionalist. [volume] (Providence [R.I.]) 1834-1834, 1834-04-07

power so to guide anddirect the opinion of their
constituents, that' shall intefiIre the least with
their own purpoesss u Interests. s..
We believe theis indeed, wcslee positively as
sured, that the only method Of accomplishing polit-
cal reform in this State is the adoption of a new
written Constitution. The great the single object
of our party is the adoption of such Constitu-
ton. This main scheme n which we are enga-
ged necessarily involves in it several mpor-
tant subjects, that require to be treated of in de-
tail. We propose, in the first place. to make
known, and in as few words as possible, what we
mean by written constitution; and we will en-
deavor to designate, at the same time, the egiti-
mate and proper source, from which, as we con-
ceive, such an instrument is TO be procured.
A Constitution is the fundamental iaW OF a
State. 1t is something intended to prescribe the
powers and duties of government, and of the sep
arate branches OF the government; and also to
tablish the qualifications of elgtors, and generally
TO define the rights Of the citizen. 1t may consist
of an aggregate of laws and uages, like the Con-
s.,iuton .. Of ,l Englandi or, ~ , written in
stfuAcnt, like the Constitution OF the United States.
There are two CLASSES, at least of written Const-
tutions. The people of Rhode-Island require not to
be informed, that there is class of written Con-
stitutons, consisting of such granted by Mon
archs to their subjects; in which class are incu-
ded the charters derived from the British Crown,
and granted to the several Colonies of North Amer
lea; and under which all the colonies were for a
certain period governed, and until they became in
dependent States. But there is another class of
written constitutions, with which the people of
Rhode-Isand have been less conyersant; although
1t is the Glass; which, upon just principles, can be
most successfully advocated. This class comprises
the Constitutions which come directly from the free
and sovereign People; being such do now ex-
ist in every State of the Union, with the single
exception of Rhode-Island.
When the American States severed the political
tie which formerly bound them to Great Britain,
all obligation to acknowledge obedience to a Brit.
ish Charter, as a Constitution of government was,
of course, dissolved; and the people of each State
were left free and sovereign. The people Of each
State, upon the happening of that momentous event,
became equally tenants in common OF the right of
sovereignty; and all were equally entitled to
voice in directing what should be established as the
fundamental rules of government, or in other words,
what should be the Constitution. The sovereignty of
the King of England passed, therefore, not to the
Governor and Company of X. Island, but to the
People at large who fought the battles ofthe Reyol-
ton, and to their descendants. These positions are
neither new, nor indeiensblc. Ii has been judici-
cialy, and by one of the earliest appointed Judges
of the Supreme Court fthe United States, declar-
ed, that the Constitution is the work of the peo-
pie themselves, in their ORIGINAL, SOVEREIGN
and UNLIMITED capacity."*
The learned Judge to whom we refer, on the
same occasion, described what was then understood
in this country by Constitution GA Constitu-
ton, he says, 90 is the form of government delin-
Gated by the mighty hand of the People; in which
certain first principles, or fundamental laws are
established IL is, he ~atS-, certain and
fxed;" it contains a" the permanent will of the
people," being the supreme law of the land,''
being "paramount to the will of the Legislature, -
and liable only, "to be revoked or altered by
those who made it.'
There is one fact which of itself is adapted to
awaken attention, and it is, that such constitu-
tion as has been just described, has been estab-
lishcd in every State except our own. That the
people of Rhodc-lsand retain their inherent right
to establish Gin their original, sovereign Capacity
a Constitution, cannot for moment, be doubted in
asmuch they have made surrender of it Ell
thcr directly or indirectly. Whenever therefore the
people shall see fit to organize government un-
der Constitution of their own making every
good citizen will chcerfnly submit to it. The i'm
portant question then to be examined is-Has there
been, or is there now, less occasion for new
written Constitution in Rhodc-lsand, than in any
other State of the Union! A moments consdera-
ton makes it appear at least propabie, that some
ameoration in the condition of the people of the
State could be effected by substituting new Con-
stitution in the place OF a British Charter, which
was written out more than one hundred and seven-
" years ago, when the checks and restraints up
on government in part of the world were so
well adjusted as they are, to the maintenance
of rational liberty In Island as elsewhere,
the object of government should be understood to
be the welfare of the people generally; an object
not to be arrived at without taking as a guide the
everlasting principles of liberty and Justice. Lib
erty and Justice are no idle, nor insignificant
words. In the whole range of human language
there are no two words more pregnant in meaning.
They comprise, as part of their definition, re-
strants upon rulers, protection against legislative
aggression, and perfect guaranty of the rights of
by the Charter of Charles H.? We propose, in
answer to this question, and in the spirit of candor
TO consider that instrument with some attention.
We begin by inquiring whether it be consistent
with the spirit of the Declaration of American In
dependence, and becoming the character of Rhode
Island Republicans, any longer to acknowledge the
charter Of British King as Constitution of civil
government II the trappings of royalty appended
to this instrument were taken away, would it not be
better suited to people who have changed the name
Df subjects" for that of citizens, even allowing it
to be in all other respects, perfect These royal
supplements Of especial grace, certain knowledge,
md mere motion" are the badges of our former CO.
onial dependence; and are as inappropriate to our
present condition as the habilimcns and toys of
childhood are to the proportions and habits of more
nature age The Declaration of Independence,
which severed forever the connection between Great
Britain and the Colonies, should teach a lesson
IN this subject and it is ths,-that, retaining all
which is valuable in the provisions of the old Char
er, we ought long since to have discarded its form.
But it will be said, we not all Republicans and
$ there any thing i'm the name of ROYALTY TO alright