The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1842-09-16
GOV. HUDBARD,s LETTER.
To Samuel ". King, acting as The Governor Of
The State of Rhoie Island:

As the Governor Of the Stale OfNew Hampshire,
! have received this morning, lrorl you by Lem
uel II. Arnold. communication under the date Of
the 18th inst, purporting to be requlsion upon
me to cause Thomas w. Dorr, who is charged
with the crime Of treason, against the State of Il.
Island, who is represented as" fugitive from JUS
ice," and who is supposed now to reside within
the limits of New Hampshire, 10 be delivered to
the said Lemuel II. Arnold, appointed by you as
an agent to receive him, that the said Dorr may be
" brought into the State OF Rhode Island land dealt
with as to law and justice may apperiain.'
To this communication have given all the con-
sideraion which the limited time allowed, would
enable me to beslow upon it, and which its impor-
lance would seem TO demand. This exciting sub
ject, which has for few months past greatly dis
tubcd the order and tranquility of the State of r.
Island, has not been regarded by other members
of The coafederacy with indifference, or uumporant
as connected with the principles Of popular liberty,
and with the inalienabe rights Of man. The state
Of New Hampshire, ever sensitive upon those sub,
ecis which affect the indepcnence, freedom, and
sovereignty of the people, has through her legisa-
ure, ut its late session, expressed opinions relating
TO this very subject matter. And standing in the
relation which do to the people of that State,
am happy to add that fully concur in the scnti-
menls contained in the report of our Legislature
touching this subject, a copy of which report
have placed in the hands Of Mr. Arnold, your ap.
pointed agent. In the emphatic language of that
document, "ihe great question presented is, which
is the true and legitimate government" of Rhode
Island, that which derived its existence from the
Charter of Charles the Second, or lha, which
cmana,ed from constitution, recently adopted by
the sovereigns Of the Commonwealth "lhe Il,
Island controversy has started several questions not
new in the days Of on, orefa,hers, but apparently
lorgoilon by us, which can only be solved by the
purpose to incorporate into this communication,
statement of the events in the order in which they
having relation TO or connection with
that controversy. The public mind cannot be en-
lighened by any re-statemen, Of these facts. They
have become matters of public history. And it is
we'll known tina, the necessary result Of certain
preliminary proceedings induced the sovcrcgns of
Rhode Island 10 appeal to W, al they conceived 10
be the ultimate principles Of Amer lean freedom,
lad the consequence of that appeal was the adop-
ton by the people Yfa constitution for the people.
And it is also matter Of public history that this
whole proceeding on the part Of the people, hls
neen denounced by those pretending to constitute
md Illegal" and the authority organized under the
Charter Of Charles The Second, was induced to
pass an Act declaring the "cyercise Of any Of the
principal offices under the Peoples Constitution an
act of treason" and suhJeclins tho offenders 20
punishment, Under that Constitution, made and
ratified by the people, State Government was or
'anizcd in conformity to its provisions. Those
charged with the duties, were elected and sworn
10 the faithful performance Of their respective
trusts. And II is no less 4 matter rpublc history
That Thomas w. Don, CITIZEN of Rhode Island,
was 0grccaby TO the requirements Of the Peoples
Constitution, elected TO the office of Chief Eyecu.
i've Magistrate, That he accepted that office and
entered upon the discharge Of its responsible duties
md there Is no room TO doubt that this is the same
Thomas w. Dorr to when yon have reference in
your rcqulsilion, and that "he crime of treason"
Which you have alleged to have been by him com
nil,Gd against the State Of Rhode Island, in your
ame communication, was dcduced from those
public acts whici ;'in the exercise Of the Office to
which he had been thus elected by the people of
hat Commonwealth, he had publicly performed.
Having made these preliminary remarks, and
'avng as briefly as possible, for full understand !
NJ Of the subject alluded to the character of that
political contest now going on in your state, and to
he principles involved in that contest, will pro-
erd 10 make such an answer TO your request as |
hall consider will be justified by the Constitution
may, however, PREMISE that cannot fail 10 re.
ard the duty dcyoving on ne by your requisiion,
ne Of the greatest Importance as going To show
What are political rights belonging to man in this
ounlry, ard what political powers he can ght'
nlly exercise in his sovereign capacity. In other
words, "in whom does The sovereignty reside" in
he people or in The Government. In the sovcr-
isns OF in the agent. My answer to your requsi-
ion must conform TO the opinions which entertain
pom the question just stated. cannot admit tina,
am precuded from examining the authority Gom
whence a requlsilon emanates. or the grounds
pom which such rcqui.tion is based. ! do not
elieve tina, the provision Of The Constitution ofihe
'nited States, relating TO that subject, should be
Onsidcrcd as ono having an absolute obligation
pom the Executive of a State. That he IS bound
, comply with reqnisition Il, all events. Such
octrine would destroy the independence Of n
hief Magistrate, and make him (perhap- agans,
is own jndgncni) a mere instrument in The hands
,rc,I,r 60 III, ,xo,,,;,r oc Ia, ,,rrno.,,