Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-04-29

sucl pretended town, ward or other meeunss
10 be held or any name or manner receive itcelu
certify votes for the election oil any p'eiehueu io""'
con,iv or STATE officers, shall b. deemed guy OF 4
,;e,,me.rcr and he punished by Indictment with a
Go ,o c.cerGirr o:ie torsand nor less than i've nun
fted d,ars and 10 imprisoned fo5 the term ci s'a
onlbs. P,crhtd kc,ers, That this act IS Tot in'cid
II - ami, 10 cases in which by accient or mistake,
a ,,.scribcd form Of forms q: caling town or ward
ee,;nrs of Ike freemsn of the several towns Of ms
Stat and Of the city OF Providence, shall be omitted
: or ovcr!coked :. -
SEC. = Any person, or PERSONS who shall IN any
manner srui.y that he they wall accept any eSecu
49,; sa;sla,vr judicial ministerial office, or Offices,
hv MN. of any such pretended election, ~ any such
nrsended town. ward other meeting, or meetings,
or shall knowingly suffer, or permit his, or their name,
or Names 10 be used canddae or Candidates teif
r for. shall be ndiudged guilty of high CRIME and ms,
l.me,no- and be punished by indictment IN hne oil
, housand dollars and be imprisoned for the term oil
) one year. o-,o., o,ot :.
are duly elected thereto according 70 me AVS 0i nus
c.,1e shall under any pretended constitution OF Co.
o-nent for this Stale, otherwise, assume to eScr.
ESQ any Of the legislative, Executive or ministerial
functions Of the oGiceS OF Governor Lieutenant 60
,ar,nr Senator'S members OF the House oil KePesen-
,t;ycs Secretary Of State Attorney General, or Ge-
ai ,r,c,eurcr Of this State or within the territorial
Limits of Tie same as the same are now actually held
ard cpoyed eiter separately or collectively, or saai
assemble for the purpose OF exercising any oil sa'u
functions, all and every such exercise oil, or meeting
g. The nuruose of exercising all any, either u said
.,c,ions shall be deemed and taken 10 he usurpaon
of The sovereign power Of this State, and hereby de-
cared be treason against the State, ard shall be
,r,ished by IMPRISONMENT during liic, as Is now by
law prescribed. TIL !, .:,,
before the Supreme Judicial Court only. Any person
or rcrsons arrested under tie saEe ana aso iof urea
son agaius, the State, may be Imprisoned or heia IN
custody for trial in the jail OF snch county oi Tie o'a'e
AZ The JUDGE or Justice issur. the warrant may order
r direct AMI tie Sheriff other officer charged with
the service Of such warrant shall, without regard 10 ms
precinct have full power and authority TO take such
person or persons, and hum or t:en 10 commit 10 any
county i, in ,hs State, which may he designated by
spch JUDGE or Justice: and 1t shall be the duty OF oil
sbe-,s deputy sheri: town sergeanls consiables and
ia,lers 10 govern themselves accordingly All noict'
en,s under this aci, and also all md ctinen's Tor tea
son aranst this State may be prchrred and found IN
any county of this State without regard TO the county
N which the offence was committed, and the Supreme
Judicial Court shall have power for good cause from
t,ime 10 iime, to remove tor trfl any Indictment
which NAV he found under this tct or i"r treason
AGAINST the State, To such county OF the State, as
they shall deem best TOR ensur'ne far trial OF
the same: rnd shall upon the conviction OF any such
offender or offenders, haze full power To order, and
from lime to time alter the place OF imprisonment oil
such off nder offenders to such county jail within
This Stale or TO the State prison, as to them shall
seem best for the safe custody OF such offender or Oh
tenders any act law, usage to the contrary nolwil
standing.
This act srcaks for itself few remarks upon it,,
however, may not be improper
The words soverlocking wh hat is passed, tn punish
such ev.l doors in future in the preamble Of this law,
plainly implies that the friends OF the People Con.i-
luton had previously done some Illegal act As tins
implication VIGOROUSLY untrue, is both unjust and
unworthy of lrgslative body.
The penalties in both the first and second sections,
IN natu of
punish i. offences they may lie called. Our Legs
la;ye Bill of Rights says, "A pun'shmens ought 10
be propot,ioned to The offence The peaceatle as.
seGbla,e of the citizens is also one u their unques'
t.oaatc rights.
In the ,hrd Section the mere assembling for the
purpose OF exercising the official functions therein
named sis declared be treason against The State, and
shall be punished by imprisonment du'ing HE
The words OF our statute arc, "Treason against this
State shall consis, osy IN evy'ng war against the
same, in aGheInG 10 tue enemies theicoi, giving
| them aid aud comfort
! IL has been decided by the highest authority, that
evyn war here raising creating, or carrying
on war BY overt Of var. and that The enemies oil
the State here means 'io 5nerS with whom we are al
OMEN war" Way thcn rna:.c TIE statute definition
oi treason: Why stretch expected case, unless
t. prepare the way fox tie exercise Of arbitrary power
in that case; Constructive tfeasans a'c admitted IN
! ErrIsad 20 be directly hostile 10 English liberty De.
Gn,nr treason within narrow limits has been one OF
4
don
Sec. makes call offences under ihs act triable be-
FORE that Court only which has taken warm and de-
cidnd part favor OF one OF The parties to tins contest
and has publicly ard repeatedly suggested probable
anpcaon Of The law Of treason against the other party
Our b of rights SAYS, sin all criminal prosecutions
the accused shall ENJOY the right to trial by an IN
partial juyy. How can jufymcn he Impartial under
this law who have heard and probably appiauied me
late vehement declarations of the Ch'e Justice IN iui
caucus upon treason and lis anticipated application 10
such mea as the accused: Trial by jury is called "ihe
great buwark Of liberty
THIS section also leaves it Discretionary with the Su
prene Court in what county the accused person shall
be- tried II is sufficient 10 remark here that jury trial
IN the county in which the offence is alleged to have
been committed is held to be another hu"aTk OF i'ber
ty another safeguard against oppression IRON the fu
inr power THIS law is Objectionable IN other PartIcu
lars and throughout arbitrary, anilrepuhcan, ana
hostile to popular rights such degree as 10 secure
to It the appropriate appellation oihe "Algerne ACT
Resolutions accompanying this act were also passed.
comforting the Governor unlimited discretionary
powers, o adopt such measures as N his opinoh may
he nee ssary 10 execute the laws and preserve the Stale
from, domestic violence" and 10 draw the General
Treasury for such NAV be required Tor these
purposes TO an unlimited amount
But the great question before the public 49, can hs
law be justified on any ground: II tie People Con
s;itu,on is the paramount, law o this State il certainly
cannnt--it is i'll violation OF that Constitution, ana
therefore void.
Tia; The Peoples Constitution is the paramount law
we do sincerely believe, and most decidedly nam,
tam In support Of this position ask The candid
attention Of the public to the preceding statement 9"
facls in connection with the great principle that "lhe
People are sovereign maintained in the annexed
''s:aemeni of reasons, signed by members oil the e
gal profession.
By sPcople Of Rhode Island, in whom the soTe
rirn,y ard consequently The sole power 10 adopt and
ra,irya Cems;,;utrcn FIR The STAT, is vested, ~e mean
all the American male ci;izrrs Of the are ;weny "ne
years, WHO have their permanent residence OF nom
IN M State in opposition to The definition of these
words adop,c,! hy ,- General assembly, and the Su
prcmr Cou.t Of his State They both admit in terms
that Tie sovereign power adopt and ra'ify Cons;'-
,ation, belongs 10 the People only ttey define 'he
word People legal penfle, thais those only
of the above described czens who have either lee
or freehold interest worth 1874 in land or the eldest
sons OF those who have srch an interest; these two