Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-03-30
WHOLE No. GIT.

Those who were not ireehOldeIs ihen,
and those who came among w since,
knew that the power 10 admit others Ia
the right OF voting was III the Legisia-
iure atone. They continued here on
those l-nns. They submitted 10 that
government. They observed lis laws,
aud regulated their coudurt by the rules
prescribed hy that Legislature alone.
+ The number Of the non.heeholdrrs can
not alter the principle. IL they were II
minority, their right to vote or alter tho
law to which they had submitted, VAS
az perfect aS II they were IA maJoriiy.-
The ireeholders and the non-irerh"lders,
by voluntarily choosing this as their place
Of residence, agreed that the sole power
of changing the terms ol the elective
franchise should remain with the Legis-
laure To be exercised by themselves, ar
by such portions Of the people as the
Leg glslalure should designate. This
power has been exercised AT various
times IN the modes pointed out by the
government, and the people, until i"-
Gently, have alrays acq"iesced III II, be-
cause they have continued To live un-
der those laws. This is the principle,
and the only principle upon which any
free government can exist. The people
of all classes and seXas agreed, by v"I'
unfairly remaining here, that the LegiS-
lalu,e should be Their agents IN making
new laws or modifying old ones They
nerer as,eed, expressly or ,mplIedly that
any other hudy OF meu should exercise
any power Owe. this SUBJECT. Very re-
Gently, "a new set oi men have started
new Jri"cipte, never before claimed M
tins State, nor TO my knn"lcdse III any
part of the civilized world. To me It
is an entirely new principle The prn-
c.ple is that II majority "i the people
themselves, over 81 years al aye, Wit
oul the assent OF the Legislature, possess
the rIah iu make new constitution, and
that when made, il becomes the supiem"
law OF The land, aud may be enforced
and established by military power, II the
minorny refuse their Obedience 10 IT, -
For the sake OF this argunnnt, ! will
take it for granted that ihrre wasa ma
lority of The uiale cni2"ns over ~ years
nf aye, III favor ot what Is called The
peoples constitution Docs that tact
alter the principle ? j. it not a> arbitrary,
impraclicabe aud gross UNJUST, Ms II II
had been voted for by Il minority only :
The supporters OF this no,rl and visl"na-
~ theory contradict themselves the very
iirst step ia their Argument. They say
all who are TO be controlled bv c"nsli-
tuition have d night by nature I" v"Ire
IN lis formation. Women and children,
natives aud fore gnrrs, white aud black,
are To be controlled aud governed by the
peoples constitution, and their rights 6y
nature aie the same over me, that NINE
are over them. They constitute The peo-
pie To be governed, and upon this new
doctrine it must be a majority Of n!h aud
not IA majority "i dpdrt, winch possessrs
the power. Here then Is gross con-
tradlciIun tu commence with. 1hey sag
they proceed npnn our natural his, but
when they come TO Gd, they reject the
natural rights of one huudrrd thousand
persons, aud confer the whole power of
deciding upon our fundamental law, upon
magnify Of the remaining five and
twenty thousand. Thirteen thousand
are by nature the majority of l08 ,hou-
sand Jthy do they thus depart from
their own principle The answer IA
because their principle is lmpracilcable
and wholly visionary. 1t never has been
enforced and II nerer can be.
But its impraclicabilny is not IFS only
objection. IL is arbitrary aud UNJUST 10
the extreme. do not mean that II Is
arbitrary and unjust to exclude The wa
men aud children. 1t is necessary and
Just because no other course Is practical
BILE | do not mean that II Is arbitrary
and unlus, that 900 male voters over
twenty one should establish constitution
for %, 900 voters, if %, 900 voters agree
through themselves, or through their
/ Legislature, that they will abide BY IA
constitution which such a majority 0issch
persons shall make. What do mean Is
,impl, thus, that no man or class Of men
can be bound by the acts Of another man
or class of men, unless he has voice ~
the choice of his Judges, unless he has
an opportuulv To be heard upon that
( choice, unless the proceedings oi ihoSe
/ Judges are regulated by some rule or
/ principle equally fan for all. Thus lsa
/ plain aud obvious prIuciplr oi natural JUS
/ .ice which can never be departed from
without destroying The very foundations
of government. THIS right may be waiv-
I'd. A man may voluntarily remain un-
!. drra government in the measures at
which he has no voice. The lnStances
are numerous Even those who are
( not cntiIl' TO vote, are entitled 10 be
heard, either befole the Legislature or
before the people at large.
Mark, then, the vide and imneasura-
bic distance between the principle oi 'h"
peoples constitution and ,hs constitution
now ~ loice. future eiIher oi 'hos"
4 constitutions was formed, the Legislature
was The GgrDi of all The people "l 'h"
/, State. Although all did ~, possess the
right to vote, yet all, men, ~"n"n aud
children, possrssed the undnublod ush
to be heard by prlll'on aud b, c"u"-'L
upon Two Qursilous: 81. Wh"iher II wn'
prudent aud necessary 4" call n cou'rn.
iion 10 lfane constitution 2hd. i