New-York daily tribune., 1842-09-05
GOV. HusBARD,s LETTER

ase, csov.as of The tas,. Of New Hampshire. hse
--.es,p is rsyi.pg, itata yes ~ Leeipel H. trtod
cc9an1hSsn ascr tsc ale ct si tsa t5ys parpc l'sg
80 be a2oin { Z. ce4s' 2asra4z ~ Bosr, W.
erF , ,is stn- of ueessn aga'n', ;ts STATE ..' Of
Kh6te fand, ahot ep1esstes Is a'sslsiy- if-c yus
c WI a,rn sut ospd ~ reside 'sts1 tir ';nis
ei Mes @r9 e, 70 Be dstgezi tothe said 'enpe, u.
aay ~ 4t,t iHto the sa.a S.,c 0. I:ande -1Hd iid
&c q Il ~ a. asv aua iuSi}5e mrs i.fpofsGn
r. tn.s cog6ciou.ea tiSe ail me cSnlea.soh
v.,f i,c gaItr, e ,I.yl woGti -sisieIle to bssi0
uro q, atf! wis ~ IA importance wenh Sfta 20
This esrrIps suhscf ,Fh.ch hr of lew iaonti' l,ast
rety dlurbeu ae oeder ard lrsneT,y 81 te .a ~ ~
K.Io5e Is ta> regarded S effer heasoefs -
,rto,f ,tl ~. ncin,. os popular eriJ and VII; ;ie
,,,,sy,lis ,if.t. ~ nan Ts Saie NJ Srw Hampshge,
ever siiivt apsn subjects w!cit a.ct he
,ocr s s3r. -,gisty the pe"yie has iaroagh
i .st,Trs 81 h, b,t- >.ion expr,~,I opat5asreia,
~ ll his uery sal ;.ct matter. And .tandifs III he fei
Iia wirt Dp the peoFe oi 'lial s'e I ', @ps , ~
adj tt iiiy cJ8euf Tie sentiments c5usined la tie
Ee;ei q 05 i 1s n de a.6s sf sr hfnoid
1,,,r a. IN the emphatic ianguage o!ria do
ygrpe,sntp Of Pi,otIr Ialsn the deriving
lis 1ience iear the Charter Charles The H. or that
which eni1ated from ceust;Gt1ii rrcenitJ adosd by
is syerei,ns al ie Commonwealth 1.-THE Rhode iahG
entfoversy bss ged several queSi;ofs nos new ie ie
days 0i our fur i.bers but apparently forgotten by US
wic oDly - solstd by The application o ultimate
iis ro; my prf,sc to Incorporate into this commnnca-
ton the events IN the order IN which 'hey
tfan,pred, having relation 20 or connection win 'at con-
ffoveisy Tie public misd canao; be enlightened ny any
resais1Det ;hese facts They have become matters oi
t
su of crinn preliminary proceedings induced The soyer-
eigns OF Rhode Island to appeal to what they 40
be the ultimate principles OF American ireedou ana 'ne
consequence Of that appeal the adoption by The people
of constitution tor Tie people And II IS also maer OF
Iropl has been denounced by pretending o cons
lue tie OF Rhode Island a. revolutionary ana
Illegal the authority organ:Tad under the Chartero OF
Charles the second was induced To pass an aet dscara
the Of the principal OhIces Dhei ule REQ
pies Constitution an ae OF treason ana snpecung iie . o
1rnder TO punishment Under ia Constitution MADE aiid
ratified hy the People, State Goyernment was oryaAlAel
10 cenorDy s provisions. Those charged win TIC
public elected and sworn to ae sllbui per
lornaact of their respective And il no less mat
ter OF puhic history that Thomas Wilson Derr clzeh OF
Rhode Island agrceably 10 the requirements o' .ne
panies C,iiuton el.ce, the ciice OF the Chie Elk
acuiiye Magistrate; that he accepted that oihce ana en-
,esed po The discharge os responsible duties, and there
is no room doubt that this the Thomas w Dorrto
whom you reference in your requdon, ana that te
crime Of reso hich have alleged 10 have been by
him committed against the Safe OF Rhode Island 10
communication was deduced from those public acts
ich the exercise OF his Office 10 which le had thus
elected by the people OF that Commonwealth ne had
PUBLICLY performed.
Having made these preliminary remarks and having as
briefly as possible for lp understanding oi the subject al.
uded the character OF the peca! contest now gong OIL
I'M yonr State and TO principles involved i'll that cones
viii proceed make such 10 your request as
shall consider will be justified by the Constitution may,
however, premise ihat cannot fail TO regard the duty de-
voyg by your requisition OF the greatest n-
portance going show what the political ghs be-
longing IN this country and what political power ne
can r hiuiy exercise in his sovereign capacty In other
words In wsom does the sovereignty resee 10 Tie peo,
re OF in the government In the in the agent
Aiy your reqnsion must conorate The opinions
which entertain upon the question Just stated could a
mil that ana precaded from examining the authority from
whence requisition the grounds upon winch
such rcqa.ton based do ne believe that the prov son
Constitution fie United States rsaiingto that sub
ec should be considered having absolute obsa-
lion upon ns Executive sf State, or that he is boune 10
comply with reoulsihon az all events Such doctrine
would destroy tie Independence OF Chief Magistrate, and
,aake bin tperhap5 against his own ndgemen mere IN
strumcu hands another Tor tie execution Of his n
pcscs This point shall further consider IN The course OF
the
Behaving. ihcn as / must conscientousy do, that he
,f,II,, In c Rom .r
thai they have an iaQbti bic indeeasble right
FORM aller abolish Government as iey shall Judge most
condac!ge tie public wca!; that this rSht may be and
should be exercised by then. whtneser iy shall consider
its exercise necessary 10. their proecn and safety Ia
their independent and sovereign cupaci' unntGenced ny
the authority OF exsls government, a"a oeilsVins h'
the People OF Rhode jsisn, III the adoption c lonstn1
arr! Ia the consequent organization vi State Govern
aent acea IN accordance WIZ! t,ese great prncit ci
bus regard the Constitution they adopted and HE Gov
efnnnt hey constituted obsaof upon the people o. .ha
STATE and tney sonid ,e repesid by lae aatao ';ies
the Other States accordingly il The People oi Hnodc
lsland posses a0y Power- they have any political r2i
If they TACT live andcr COVE elaiient OF lsr own
choicethen ne proper and egttaa,e Govennent OF ia
State is' II ny judgement "as emaalng from The VII
OF ma orirv ler cize.- From the earliest his cry
Republic Use present lime tue aDstraci docre IL
which con,tAa have been approved by Tue friends q '
go .eInmeDt =.
In lie lanerage at The great Charter OF ac,eaa liba
hnd these s5rt,aens: Th,, all men ar created eqnai
among these ie beny, ana -. pu-Sut, ip n,es,
that 10 secure hce el, gov ra.it az. 'astiaied r'';
men Geriv her jus poStfa i.1m tia coese,t ~ t ga'
srue,, Of these ends K lie r HI o tie People 10 ae o,
abols it, and 10 is,u'e new Government, "a! ny Us
suci of,n as TO ihssi iile 10 ere, ,srjr
safely ana 'aPph's,n "a p.r.ee f1c}.a@gce y.!h h!s
ed ii:, iis whl SIZE declares !a al pov:cl
derived fem tbs pe2pe, anu 'ias ower Of
ahsl, 'e necessary taeir a. ppiness''
ra.is herus Americas doairine and is the chcscorner
and Jfeq9airghls .watne docria" o! chose vene!"lto
patriots who iad Tue inanaaiion OF TINS kepabc was
ricb legacy which he m quealsed 20 lreeme that Tue ba
sis political the right oil the Pscpc 10 make
law OF own STATE are Incorporated sentiments onera
bic 10 herparoc sires and TO Which her ons wl Cling
cipe OF popular sovereignty. 1t says: "Al men are
born equally tree and independents therefore all govern
meat rlsn orgnaeS from The People is founded IN cou-
sent, and instituted for The general good.'
This priacipe inerwoven in all our constitutions
II has the Scntment OF m reemen OF this
free country II the natural fruit OF the revolutionary
the great apostle OF liberty says that the sovereign and
original opudati0n lies 10 The peopcwhom they nu>t
needs distinct iroa the government up and ii
then people may and establish what form of govern
en 10 ,cnl most meet for Their civil condition. L.
is evident that such governments by them rhac,c
and established have more power and for no onger,c
Than the civil people conentng and asreeeg be-
trust them with Ths clear only reason but in the
experience OF all commonweaiih where the people are not
deprived of their natural freedom by tyrantS." The Su
preo,e Court of the United States recognizes the same
principle, when ii says. A Constitution is the form OF
government deeated by the mighty hands OF the people
in which cer,an first principles fundamental law
!abiised II 10 the power OF the Legislature
The Legislatures creatures OF the Constitution They
derive their from The Constitutions The Constitution
is the work or will of the people themselves in their origin
al, sovereign and limited capacity. Law is the work OF
The Legislature in their derva,ive and subordinate capa
city,
Such are the authorities which have considered neces
sary to present this answer hoping show what
political rights and what The political powers OF the
peope-emp phacaliy the Soyercigns OF hiseouny. They
mind sufficient iastythe conclusion have
pressed objected that although the people possess
the power alter, amend and institute government, yet
laNya Enl and
Obtained from the existing government cannot consider
this Well taken. lfhis be true the words orr
have meanng. 1.-THE power be original it cannot
certainly be derived from The existing government Ii the
snntiD fe.i Tho