Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-03-29
NGR. wEBSTER'S ARGUMENT
In the DOrr or Rhode Island Case.
| COnch |

Now 1t Is proper to look into this record and see
what the questions are that presented by it, and
consider:
|. Whether the case is one for judicial investi-
CATION at aIl-lhat Is, whether this court can try
the matters which the plaintiff has offered to prove
In the Circuit Court below and,
2. In the second place, whether many things
which he did offer to prove, if they could have
been and had been proved, were not acts of crim-
nality, and therefore justification and,
5. Whether all that was offered to be proved
would show that, In point of fact, there had been
established and put III operation any constitu-
ton to displace the old charter government OF Rhode
Island.
The declaration is in trespass. The writ was
issued on the 9Th Of October, 1912, in which Mar
tin Luther complains that Luther Borden and o.
theirs broke into his house, in Warren, Rhode Is
land, on the 18th Of June, 1912, and disturbed his
family, sc.
The defendant answers that large numbers Of
men, In arms in Rhode Island for the purpose of
overthrowing the Government Of the State, made
war upon 1t that tor the preservation of the Co
vernment and people, martial law had been pro-
claimed by the Governor, under an act of the Le-
gislature, on the 18th of June, 1912. The plea
goes on to aver that the plaintiff aiding and
abettIng the attempt to overthrow the Govern
ment, and that the defendant was undor the mill
tary authority Of John L. Child, and was ordered
to arrest the plaintiff, for which purpose he applied
at the door OF his house, and being refused he forced
the door.
The action is for trespass, and the plea is jus-
cation under The law of Rhode Island. The plea
and replicatons are as usual in such cases. The
| plea was filed at the November term of 1912, and
the case was tried at the November term of lS43.
in the Circuit Court i'll Rhode Island. And in or
der to make out defence, the defendant offered
the charter of Rhode Island the participation of the
State In the Declaration of Independence, its uni
ting with the confederation OF l71S, its admission
into the Union in 1850, lis continuance in the u
Mon, and It's continued recognition as State down
to May, 1913, when the constitution now in force
was adopted. And here let 1t be particularly re-
! marked that Congress admitted Rhode Island into
the constitution under this Identical old charter 90
vernment, thereby giving sanction to il as repub-
llcan form ofgovernmen And the defendant then
refers to all the laws and proceedings of the AS
semby till the adoption of the present constitution
of Rhode Island The defendant proposes to prove
that large numbers of men were assembled in arms
to destroy the Government that he was acting I'M
der competent military authority in resisting them
SC, as set forth in the plea TO repel the case of
the defendant the plaintiff read the proceedings of
the old Legislature, and documents to show tina!
the idea Of changing the Government had been en-
terained as long ago as in 1870. He read also re-
solutions of the Assembly of 84l-rnemorias pray
ing changes in the constitution, sc. sc. He next
offered to prove that suffrage associations were form
ed throughout the State in 1910 and ~ that steps
were taken by them for holding public meetings,
and to show the proceedings held thereon. In the
next place mass convention was held at Newport
attended by over four thousand persons, and ano-
ther at Providence which over six thousand attend
ed--at which resolutions were passed which were
here offered Then he offered TO prove the election
of deegates-the meeting of the convention in DC
tober, 1871 and the drafting of constitution the
reassernbling in 1871, the completion of the draft
its submission TO the people, their voting upon it,
its adoption and the proclamation on the 18th Of
January, 1912, that the constitution so adopted was
the law of the land.
That is the substance of what was here averred
The plaintiff next offered 10 prove that the cons
tuition was adopted by large majority Of the quail
flied voters of the State; that officers were electeC
under it in April, 1912; that tho new Governnen
assembled on the Sd Of May, and he offered copy
of its proceedings.
He sets forth that the court refused to admit les
tlmony upon these subjects. aud ruled that the Go
vcrnment and law Of the State were in full force
and that they justified the action Of the defendants
will give few references to other proceeding
Of this new Government. The new constitution
was proclaimed on the 18th of January, 1872
On the 18Th Of April, officers appointed unde
it, and Mr.. DOTr was chosen Governor On Tues
day. the Sd Of May the new Legislature met. wa
organized, and ;hen. it is insisted, the new consu
tuition became the law OF the Iand-on the
day of May. The Legislature sat through thc
whole day. morning and evening, adjourned, mt
the next day, and sat through all that day. inorr
ing and evening, and did great deal Of paper Gus
ness. IL went through the forms Of choosing 81
preme Court, &c, and on the evening Of tho 4th
May it adjourned, 20 meet again on the lst Mouda
Of July in Providence
"Aud never word spake more"
Ttuever assembled. This government, ;hcn, wha
ever 1t was, came into existence on tho third ia