Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1848-02-18

established and put in operation to dlspacc 'le
charter government.-1hat is evident enough
You find the whole embraced in those two days,
the third and fourth of May. The French Re-
volution was thought to be somewhat RAPID.
That took three days. But this work was ac-
in two 1t is all there, and what Is
it Why, they vote u Treasurer, and Il Necre-
tary, and Mr.. Dorr, Governor; and choose olil-
GERS of the Supreme Court.
But did ever any man under that authority at
tempt to exercise particle OF Official power
Did any man ever bring suit? Did ever an
officer make an arrest Did an action proceed
from any member Of the government, or from
any agent OF it, to touch a citizen OF Rhode
Island in his safety or his property, so as to
make the party answerablc upon an indictment
or in civil suit Never. 1t never performed
ono single act of govcrnmcnt-it never did
thing in the world ALI was patriotism and all
was paper ; and with patriotism and with paper
it went ont on the Ath of May, admitting itseli
to be- as all must regard it, IA contemplate
sham
have now done with the principles involved
in this case.
In regard to the other case have but few
words to say. And first, think it is to be re-
GREETED That the Court below sent up such list
OF points on which it was divided. shall not
90 through them, and shall leave it to the Court
To say whether, after they shall have disposed OF
the first case, there is anything left. shall
only draw attention to the subject of martial
law; and in respect to that, instead OF going
back to martial law as it existed in England at
the time the charter of Rhode Island was grant
ed. | shall merely observe that martial law con-
fcrs power of arrest, of summary trial, &C.
and that when it has been proclaimed the land
becomes camp. and the law of the camp is the
law OF the land Judge Story defines martial
law to be the law of war-a resort to military
authority in cases where the civil law Is not
sufficient and it conters summary powcr-not
TO be used arbitrarily, or for the qualification OF
personal feelings of hatred or revenge, but Tor
the preservation of order and OF the public peace.
The officer clothed with it is to judge Of the
Decree of force that the necessity OF the case
may demand: aud there is no limt to this, ex-
ccpt such as is to be found i'll the nature and
character of the eXigcncy.
now take leave of this case. That it is an
Interesting incident in the history of our institute
tons freely admit. That it has come hitheris
Il subject OF no regret to me. might have sad
that see nothing to complain OF i'll the proceed
ngs Of what is called the charter government
OF Rhode Island except that it might have dis
crccty taken measures at an earlier period Tor
revising the constitution. II in that delay it
erred. it was the error into which prudent and
cautions men would fall. As to the enornity
of freehold suffrage, how long is it since Nir-
ginia, the parent OF the states, gave up her Tree
hold suffrage! How long is it since nobody
voted for Governor in New York without Il free
hold qualification Tn re are now states in
which no man can vote for members OF the upper
branch of the legislature who does not own fifty
acres of land.
Every state requires more or less OF proper
ty qualification in its officers and electors; and
i, is for discreet legislation to determine what
its amount shall be. Even the Dorr constitu-
ton had q property qualification. According
to its provisions, for officers OF the state, to be
sure, anybody could vote but its authors re-
menlbered that taxation and representation go
together. and therefore they declared that no
man, in any town, should vote to lay tax Tor
town purposes, who had not the means to pay
his portion. 1t sid to him, you cannot vote in
the town of Providence, TO levy tax for re. a r.
ing the streets of Providence but you may
vote COR Governor and for thirteen representa-
lives from the town of Providence, and send
them to the Legislature, and there tax the people
of Rhode Island at their sovereign will and
! pleasure.
believe that no harm can come of the Rhode
Island agitation in 1871, but rather good. Ii
will clear the political atmosphere from some OF
its noxious msts, and hope it will clear mems
minds from some untonnded notions and delu
sions | hope it will bring them to look at the
regularity, the order with which we carry or
what if the word were not so much abused,
would call, our glorious representative syst
of popular government. lis principles will stanC
the test OF this crisis, as they have stood the ties
and fortune Of others. They are exposed al
ways will be exposed to dangers. There are
dangers from the extremes OF too much and toe
little popular liberty. This always will be the
case. The classical navigator had been tolC
that he must pass narrow and dangerous
stlait -
"Dcxtrum scylla atus. lmvum mplicate Charybdis
| Obsldct-
Forowarned, he was alive to his danger, AM
knew, by signs not doubtful, where he was whel
he approached its scene:
"Et gemitum ingen!cm pengi, puIsa,aque saxa,
Audllnus longc, iraclsqle ad litlora voces
!, EXsu.tantque vada atlue Gstu lnsceniur aren9.
Nmltum Euc lila Charybds"
The long seeing sagacity of our fathers en-
abes us to know where we are when we hea
, the voices of tumultuAry assemblies, and Sc
, the turbulence created by numbers meeting an
1 acting without the restraints OF law, and ha
: most wisely provided constitutional means c
r escape and security. The prudence of the cour
b try, the sober wisdom OF the people, has thus ia
: enabled us to carry this constitution, and all OF
y constitutions, through the perils which have SUI
5 rounded thcm without running upon the rock
II on either side. And trust that it will continue
and that our children alter US will exercise
0 similar prudence and wisdom and justice, an
t that under the Divine blessing they may col
= time to 20 on, with equal prosperity, TO the en-
OF time.