Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-08-26

arbitrary power II 10 emphAiically the plea
~ iyrnnis and the man, or tho body of men
has never been wanting, 10 claim supreme
authority, on tho prctcuce that they conld
r"lc better than others. But the comlnlttce
present The original colonists Of Rhode u.
land IN some~ hat different character from
an original society Of men who had never
subjected themselves 10 the restraints OF go.
vcrnment. They are represented us purchu-
scrs aud settlers Of lands, in a corporate ca.
psciiy, aud as having. as n consequence, the
right 10 establish such government as they
pleased, aud TO receive or reject whom they
pleased. Spcli is the doctrine Of The report,
and The nam dril OF tho prgune nj is 10 sus
tain that doctrine. From this, also, the in.
ference is drawn, that tliose who should sue
ceed them, aud be qualified according ,o the
conditions required by 'OW ancestors" and
those only, have the right 10 effrc, change.
The reader having the report before him, We
have no need to quote troln ii.
We rcndily grant that the colonisis who
settled Rhode Island, had the undoubled
right 10 establish such form Of government
as they pleased, provided they did not over
snip The limits Of British law. This very
lroviso which no one will doubt, because
The charter itself Contains il, shows that they
u
foil and nnresirained enjoyment and cxer.
else of all their natural rights. These had
already been put under the rosirnint of law.
IN the second place, the right Of property
had been established among them by the
laws OF the empire To which they were sub.
jcct. Consequently the equality Of wealth
hud been destroyed. In the third place, they
lmd mol IN original right in the coil they set.
fi..siF Inl A ,ts..I
even that rlgl, was purchased Of those who
hod only The right Of occupancy to dispose
oi the whole territory being cluimcd by the
crown 81 Grea, Britain by The ;nternstonal
Inv Of the right Of discovery; and without
permission Of that crown, which made grants
and fixed me'cs and bounds according 10 its
own pleasure, "oT ancestors" could not have
held possession OF single square foot ol
the territory. Snch was the precise condi |
ton OF our ancestors, when they sat down
nn what now constitutes TIE State Of Rhode |
Island. Aud instead of being a body about
10 surrender their natural rights TO ihe public |
good, and 20 determine Ia what extent those
rights should be reserved and exercised by |
individuals, they were already merged in the |
British body polite, were already restrained
ond circumscribcd by British law, and could |
be exercised 10 no greater extent than per.
united by express grant of the British crown,
on soil, over which that crown had already |
spread lis Tlgkt 0l property, aud erected the
Gcknow wledged claim ot sbsolute jurisdiction.
All the rights therefore 10 be exercised by
our ancestors, were those recognised and
conferred by the Royal Charter, as an ex-
press grant, which had und required but one !
sanctlon--the scul and sign manual Of the
King.
Had Rhode Island remained British colo |
ny, such had now been her condition and !
not even The trecmcn themselves could have \
changed IL. But, u revolution sncceeded.-I
And The question now IS, what political
change did that revolution effect? This is
the important inquiry. In the first place, it Il
annnled the authority of The British crown !;
The very authority which had given vitality /
10 coloninl charter, and pcrpctrated its beng
Ip 10 that moment. by that authority alone
iad the company been Incorporated. BY that
lone had some men tecn "madc free of The
'onpany,' aud oihersrc j'cled. By that alone
lad tue entire government been framed and II
administered. Aud at the very moment when
he declaration was adopted, which declared
Rhode Island free anI sovereign State, not Il
~ officer within her limits could claim title Il
'i authority, except what was conferred by II
'Apress grant Of the British crown. That II
authority was formally annulcd by the very Il
declaration of independence, and which as
ompistely nulfied the charter as though II,
ie King had revoked it, The change then
vas simply th's--ihe government under the
Sing was annlhllated ; and the same declara-
ion hich effected this remarkable change,
lsso!vcd the original corporation, by dcclar-
ng that "AIL MEN ARE CREATED EQUAL"
nd have CERTAIN ISALIENABLE RIGHTS"
Nth which they ARE ENDOWED BY THEIR
RgAToR;" )" and AMosG wHitH, are LIFE.
.InrRTY, and the PUasUIT OF HAPPINESS"
Here Is one great aud impnriant doctrine
sscrtcd, and 10 which Rhode Island asscntet.
Md doctrine no where found either IN the
harler of the colony, in the government,
established by lis authority. in the legislative \,
iacilcc under it, nor yet in the British con 10
titullon or laws. Did not this act completely lr
nnul The inequality established in the colo II
inl government Hi
But this is not all. The same declaration 5
ays, 40 secure these rights, governments {
ro instituted among men, deriving, /. c. II
ouermcnts derlvlrgl their just powers from !
ne CONSENT or TnE GOVERNED, l. o. the d
here is another iinporan, change. +
he powers OF the Rhode Island colonial |.
OvcrnincDi were ucrlYcu rom the Ming, ana I|I
onicrred on body Of men free only by III
'cciion. The authority for this mode must Q
ave been swept away; for now, thu powers +
government were TO be de,Trsd by The ,
,nStni," not Of that questionable body which s
,e Committee have designated as The people, c
lias elected irttmsn, but Of "he governed" )"
lus sweeping cway the chartered dlsllnc. c
on among men, which Charles the I'd bad .
lstiIuted. But farther yet, 'whensper any
rM Of gOuerhmeM becomes Obstructive ofIIt
cSe endS. IL is The right oT The peoDte .e. s
Ia governed 80 ALTER OR ABOLISH II" .
'd such right belong Ia the governed or a
ven 10 the elected trtsHien under the charter u
crlainly not. The prcr"gs,ive to change or
1ollsh belonged to The Supreme authority OF 1
rcat Britain aud the freeman, the people, -
nd The governed, we're 10 be- passive subjects. q
'e would inquire if any act could have 8
ore efectually abolished the royal author. L
+, the royal charter, and tho unequal and \
principles Of the colonIai laws, h
ID tho colonial government? Ii institutes d
htIcal equality, declares all power unjus, q
at IL not derived from the consent Of the 2
,verned, and extends TO them the whole /
'dy, the right, or Tuiher recognises them d
allenably, The right, TO alter or abolish u
'eernmehi whenever II may appear to them d
struc,yc of these ends q. @. Of life, liberty II
G p.ifRut ut haDplness and The riuht of NJ