Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-09-08

this Constitution organised the government
md appointed various public officers. II Is
also known and admitted. that the authorities
at the existing government, and large ana
respectable body ni citizens denied the vail
duy al this Constitution, and The powers ol
The officers elected under u. On this qnes
tion the people of Rhode Island have been
divided. One portion have sustained the
Constitutional government, and The other
portion have sustained the existing govern
lDeni in the resort by tho respective parlie'
10 arms. in support of their respective claims
Mr. Dorr and his party have been conquered
aud The power Of the government now re
mains with the existing authorities; hut Tho
result of this fDrcIble contest, can have ~
bearing upon the question, whether or not
by law tins Constitution is the supreme Ia"
nf Rhode Island, and whether or not Mr.
Dnrr is The legal Governor. The charge
against Mr.. Dorr, for which you demand %
me his surrender is the crime of treason a
galnst the government of Rhode Island.-
Now, il il admitted that all The acts done by
hIm which are claimed to constitute treason
were done IN the exercise 0f the duties OF hI'
office ns Governor. and That il this ConstIiu'
ton was righlfully adapted he had not only q
right, but, II was his indispensable duty to de
he very acts in which his alleged treason
consists. lie did moi nsnrp the Office nor It's
,uthority-hc was elected IN ii by the people
and it is but reasonable to suppose h" entered
upon its duties, in the honest belief 10 his
Legal right 10 the office. Whether or not
Mr. Dorr has committed an offence, may de-
pend upon The question whether this CoD-
sltntion is the supreme law Of the State or
not. This IL mere political question which
| shall no, undertake To decide. IL large
majority of the people Of that Slate, as II Is
claimed, have, IN fact adopted this Consitu-
ton, ] shall not assert that their act IS in
operative much less shall ! surrender as
a traitor, n man whose only offence consists
III discharg'ng duty assigned him by the
people, under a Constitution thus ndnpted.-
military force has been successfully en-
poycd by The existing authorizes, and am
called upon TO aid in the delivery Of Mr.. Dorr
TO b,s conqurrprs | can take no view oi
duty which will Justify such n course. After
most careful examination oi The whole sub.
j"ct, ] have determined that the acts Of Mr..
Dorr. in attempting to execute the duties OF
his office. and support the Constitution claim.
ed to have been adopted by the people, and
compil>hing the same objects, are not OF the
character winch will authorisc me upon the
rrquIsl'ion of the Governor OF II. Island to
surrender any of them TO the existing authorI
ties of that State.
Soon after the late disturbances at Che.
pache', and after the supporters Of the Con
slIiutlon had dispersed. upon a requisitIon
from your ExceIlency, enclosing to me copy
at complaint against one Garter, and others.
for treason, and upon Information furnished.
that he was then in the county Of New Lon
don. issued a warrant directed to the proper
officer Of that county for his arrest. This was
done without much time for reflection, and
amidst an urgency pressed np"n me, from
respectable citizens of yorr State but on
careful revision OF the case, ! am entirely
satisfied that IN yielding To that requisiilun
dId wrong. Upon the principles which !
have now stated, Mr.. Carter had done no act
which would justify surrender or Demand
Although | committed this error, which
sincerely regret, yet it Is n matter o: conso
Ia,Ion 10 me To know that no injury bas been
done io tins man IN consequence Of II. as h"
hnd voluntarily proposed TO return to Rhode
Island, before my warrant was issued and
II therefore had no effect upon The case.
ClDHc lUlS communication. WUnOni
an nlIusion 10 one other circumstance, which.
1t had any doubts as to The proprcty oi ~,
course, would remove them. IL Is u no,orl.
ous fact, that The whole State ef Rhode Island
was, no, long time since, by The existing
authorities of the State, plnced under martial
law, md al! persons wihn It's limits, subject.
cd 10 the control of a military power. I'm
time Of profound peace, aud when no rebel
hon or lnsnrrectlon exists to justify it,
military authority Is set up winch, from IT,
very nature, must superscde all civil govern
ment, and suspend that invaluable safeguard
"f civil liberty, The privilege of the writ oi
hnbpas corpus. IL is true that by recent
proclamation from your ExceIlency. ihe excr.
else OF this power * temporarily suspended
until the first doy OF September and then.
unless, some net of the government, inter.
Venes, the authority of the military will b,
resumed. The constitutional night To de- |
nand. and the duty 10 surrender fugltvrs
are designed 10 aid the civil power. through
he interventlnn of the courts of law, but
never could hr designed TO effect the surrrn.
Ter OF citizen 10 the authority Of "a military
:aHp.
have the honor to be, very respectfully.
your o6edient servant,
&. F. CLEVELAND.
His Excelcncy SAML W. King.