The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-05

i
theirs of the Constitution and the abest expoundes
political institutions, by Washington Hamilton and Madi
son. The strong opinions of jefferson this point
l well known to need particular repetition.
Chief Justice Jay says At the Revolution the
veregns of the counry The citizens of America e are
equal ellowcitizens and joint tenants in the
| eighty"
Justice Wilson, of the same Court says-Ofthe right of
the majority of the whole people to change their gov
ment at will there is doubt 1t is this one grea! prn
ciple the vital principle which dfuses animation and
vigor through all the Others" he says" The principle
mean this, that the supreme sovereign power of the
society resides in the citizens large and that therefore
they always retain the right Of aboshng, altering or
amending their Constitution, at whatever time, and in
whatever manner they shall deem expcdent" In
government the supreme absolute; uncomfortable power
remains in the people AS our Constitutions are SUI cfor
to our Legislatures the people superior to our Con-
sttutions The consequence is, that the People may
change the Constitution whenever and however they
please This right of which no positive institutions
can deprive Them"
Mr. Rawle distinguished commentator the Consti
tuition of the United States in speaking of mode of
amending constitution remarks The people retain,
the people perhaps divcst itself of the power
make such alterations" The laws of Legislature
repeal them cannot be withheld by the power that
cd them. So the people may on the same principle, at
ell" "lfa particular mode of eiccting such alterations
have been agreed upon most convenient to adhere TO
| it; but it is not exclusively binding"
Il is impossible to misunderstood language like this II
might be suggested that the people referred TO those
who recognised voters by constitution laws but
the language used too clear to admit off such nterpre
tation II is the whole people the people at large who
have the right to change the institutions under which
they live Nor is this dangerous doctrine in its practi-
cal application. This believe is the only in which
tn, majority of the whole people do not paake othe cleo
tor privilege All other States have written consu-
tons with precise provisions for their amendment ii,
hardly possible for to occur in other state
which would qurc the nterposiion of the people in nnv
other than the prescribed mode In all Others suffrage
has been enlarged and all complaints respecting limita
ton of suffrage inequality of representation have
redressed without any very protractcd delay The
stution will here also be regarded as a final measure
While assert the sovereign right of the people in our
sble exgcnces not orcscen and of which every &C.
ncraon must Judge for itself wehave believe
that Rhode Island will be exception to the general
mode in other States to doubt that its constitution will
become permanent as well as paramount law, to be al
| tered or amended according to its prescribed mode.
But whatever opinions may be entertained respecting
the right othc whole people to change constitution in
any other than the prescribed mode where such mode
exists there is point in to which the attention
OF every should be closely invited. Until the adop-
ton Of the present constitution there has been mode
prescribed in this State either by the charter
law usage, for amending form of government. The
charter contains such directions; being royal grant
the power to amend by supplement of charter remained
in the ganter and needed specification. The charter
contains general authority to make all necessary
laws; they consistent with the roy al prcrc
gave and with the rights of Parliament The power
amending the charter passed to the people OF the
State as an incident to their sovereignty at the
In the absence of any such provision. is totally
founded assumption in the Charter Assembly to pretend
want of compliance with law when no legal nv o,hr
provision exists the subject All that the General
Assembly have ever done has been request in their
form. The frcemen, if they it, might at any time
have chosen such delegates without such request in
their own form and with equally valid effect Is not
apparent that the people at large have still greater right
to do the thing in this State They have demanded
in vain that any valid legal objections their proceedings
should be produced 1t is the last degree ungenerous
and unjust that the treemen should up their neg
lect in past to provide constitutional mode of amend
mens bar to the action of the People in the only mode
in which they can act at ALL When any disposition is
manifested to amend our Constitution in different mode
from that prescribed in it, it will be time for alarmsts to
suggest the danger and instability that may possibly occur
from any irregular action Of the People
But this sovereign power Of the people exercised
in fact by majority Of the whole People Of the State
We assert With entire confidence that il The voting
conducted fairly at any election held in
this State. All challenges Of voters received and
entertained The moderstors OF the meetings who rece
we'd the votes not under oath, neither those
the reemen's meetings. The town clerks and wardens
and ward clerks in the city Of Providence under
engagement and this is the only difference between the
meetings OF the freemen and those of the People h
difference will create no serious objection when il is sa
ted that the name OF every who voted for the Peoples
Constitution was written on his ticket and that the
Of every man who did not attend the polls the
last OF the six days Of voting in addition to his signature
aested by that of some who voted the polls
on the three first days. These proxy were but
small portion of the whole Still further the name OF
every man who voted was registered and copy Of the
register in every town and ward duly certified it'll
the votes All the votes have been in their
yelopcs for any subsequent reference The votes
duly returned to the Peoples Conv Ston and
ined and counted by large committee. The committee
reported that nearly as could be ascerained the
Der of males in this State the of twenty
citizens of the United States. and permanently resident
deucng persons under guardianship insane and let
was % az of whom a majority is II ,s7a; and that the
Peoples Constitution received 1894 votes, being maio
ry of A747. After making every reasonable allow ance
for questionable from which election be en-
trely free is impossible to entertain reasonable doubt
that large majority Of the whole People fairly voted
this Constitution The report of the counting committee
transmitted TO the General Assembly the January
Session, 1912 and a motion mado inquire into the
return of the votes polled but ncgatved usual
| by large majority.
An attempt mpeach the return has been made ly
drawing unfavorabe inference from the subsequent d
mnshed vote against the Constitution of the freeholdcrs
mint Mt hon 10 nniar a
considerable number OF those Tho voted for the Peoples
Constitution and friendly to it, voted also for tho
Frceholder's Constitution, mode of obtaining part
OF their rights and Of terminating all controversies Many
who voted for the first named Constitution excluded
from against the second by its suffrage provisions
there were others who were qualified but declined TO
! | vote all.
At the election of officers under the Peoples Con.
stution, there were opposing candidates notv ih.
standing the powerful influences brought TO bear upon
elections there larger vote by 1000 than pole
for e officers OF our opponents at the election held by the
freemen At this election portion Of those feeholders
who the friends Of the Peoples Constitution and who
had voted for officers at the election held under that Con
stituton Monday, voted again for constitutional can
ddste and have been very strangely claimed in cons,
qucnce the party who the old charter system
When the Constitution of the People examined with
reference to its origin is found that there few oh
jcc.ons made against it, 1t guards with great care all
civil and political rights it establishes equal repre-
sentaon the circumstances of the State i'll permit and
senasc to be chosen in districts under such an ap,or
tionmen as to secure to majority of the population
jorty of its members The Frccholdels' Constitution
the other hand, was rejected for many reasons Of
winch was ts detective PROVISIONS relative To suffrage and
its exclusion of the vote by ballot The main objection
that entirely abolished the majority principle
government Under il both the House Of RepreeI tuv es
and the Senate be elected by towns and districts
containing less than onehrd Of the inhabitants OF the
State The Senators also assigned to the districts
| without scarcely any reference to their population.
BY the nature Of the provisions relative to amendments
any subsequent improvement OF this instrument wasrcn
dered nearly impracticablc
At the session the Assembly in March 1912 the pco
pies constitution under the consideration OF that boz
dy twice ratified directly by The votes OF the people its
| nd udir
mcnt But these repeated manifestations OF the popular
| will ay-disregsricd bill to conform the ge
neral election TO the provisions Of this constitution ard
another 10 submit to those who qualified vote
under The constitution Of the frcehoders, promptly
| rejected A proposition made TO extend suffrage and
second proposition offered at the adjourned session
in April for the call Of another enton form con.
.Ial.~a In I'll