The Whig standard. [volume] (Washington, D.C.) 1843-1844, 1844-03-27
POLITICAL.
SPEECH OF THE HON. CALEB B. SMITH,
On the memorial Of the " Democratic Member" "
4Hal of the Legislature Of Rhode Island.
OF INDIANA,


1 of the Legislature Of Rhode Island. 4
DELIVERED IN THE HOUSE OF REPRESENTATIVES OF
THE UNITED STATES, MARCH IA, 1914.
[Concluded.]
Sir, deny emphatically that any portion Of
the people have a "natural right" to govern
any other portion against their consent. Con.
sttutional and legal governments can only
derive "their just powers from the consent
Of the governed" The "natural rights which
we possess are individual rights, belonging to
each member OF the community. In the organ
ization OF a government, the assent of the whole
community is given to such form Of government
as the majority may agree upon and when
such government is formed it can only be altered
by the majority, in the constitutional and legal
manner provided for in the frame of government.
Any attempt on the part of any portion Of the
people, whether they constitute majority or
minority, to overturn the established govern
ment, and impose new one upon the commu-
nifty, by any other than the legal and constitu-
tional means provided by the existing govern
ment, is but an attempt atsrevolution; and can
only be justified in extreme cases, as the only
means ofrelief from gross and unjust oppression,
when all other means have failed. ast
AS expressed by Washington; "The basis of
our political system is the right Of the people to
make and alter their constitutions OF govern
ment; but the constitution which at any time
exists, till changed by an explicit and authentic
act Of the whole people, is sacredly obligatory
upon all" }i3< H,ea 44a9s a8l
III recognize and admit in its fullest sense, the
right and authority Of majority of the people
of the United States, or of any one of the States,
| to control the enactment Of laws, and TO change
and modify their constitution or form of govern
ment, whenever they may desire to do SO, in a
legal and constitutional Manner The Constitu-
| tion Of the United States points out the means
by which it may be amended. The constitu-i
tons of the several States contain similar provi-
siOns. These governments derive their just
powers from the consent of the whole people.
The provisions which regulate the mode Of
! amendment are of equal validity with any other
provision and it follows as a necessary conse-
quence, that even a majority of the people have
not the right to amend in any other manner than
the one pointed out in the constitution. .I
1t was certainly supposed when our constjtu-
ton was framed that the provision for its amend
ment would be binding upon the people, else
why take the trouble to insert it. 1t remained
| for modern " Democrats" to make the important
discovery, that the Constitution is but an abstract
declaration, which may at any time be dsre-
garded or swept away by mere expression of
the will Of a majority Of the people, in their
popular assemblies a58 u h1g as
j would suggest, Mr.. Speaker, to the gentle
has chosen to present himself before the House
as godfather to this precious bantling of the
| democratic Members" of the Legislature of
Rhode Island that if his object is to dcmocratiSe
the State governments, it would be better for
him to commence his operations At home. The
gentleman will find in the constitution of his
own State, an ample field for the display of his
genius, and abundant cause to elicit his bencv-
olent efforts. Notwithstanding New Hampshire
hoc iplo
of modern democracy as to entitle her TO the APP
pellation Of the |" Gibraltar of Democracy" she
has constitution containing, as believe, more
odious aristocratc, and anti-republican features,
than any State in the Union. In the Bill of
Rights with which her constitution is prefaced,
the right Of conscience is asserted as follows:
Every individual has a natural and unalena-
bic right to worship God according to the die
tates Of his own conscience and reason" We
also find the following declaration in regard to
the right of suffrage and the right TO hold office
"All elections ought to be free, and every In
habitant Of the State having the proper qaals6.
cations, has equal right to elect and be elected
into office" Now would ask the gentleman
what are the proper qualifications" for holding
Office, according to the principles OF New Hamp-
| shire Democracy. e t.f.s'
| The 14th section of the constitution OF that
State reads as follows: a#
be chosen by ballot and for years at least next
cedng his election shall have been inhabtant Of this
State shall have estate ihn the district schich he may
be chosen Represent of the udlMe Of hundred pounds
one-half Of which to be freehold" ar ut
1t contains further provision that the e-Repr
sentative shall be of the Protestant religion.
The 29th section Of the constitution contains
the following provision:
Provided, nevertheless, that person shall be capa-
BILE of beng elected Senator who ia not Of the Protest.
religion, and seized Of freehold estate, in his
right Of the value of too hundred pounds lieing within
this State" ll,fs aseay .t-stp s-5fs sf5 fa.
In the 42nd section of the constitution is this
provision: sd 4 s.a 81 ied 81
And person shall be eligible this Office Govern
orr unless the time Of his election, he shall have been
nhabant of this State for years next preceding,
and unless he shall be of the age Of thirty years and
unless he SHALL at the time have an estate OF the
Of foe hundred pounds onehaf of which shall con-
sst of freehold, his right within this State and
unless he shall be Of the Protestant religion.
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