Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-03-22


without law, without authority, without qualifca-
tons, without certain officers with oaths secu-
rites or sanctions of any kind, met and made con
sution and called it the constitution of the State
There must be some authentic mode of ascer- !
tanning the will Of the people-else all is anarchy
1t resolves itself into the law of the strongest or
what is the same thing, Of the most numerous for
the moment-and all constitutions and all legisla-
tive rights are Frustrated and dsregarded
Bnt my learned adversary says that if we main
tam that the people-ior he speaks in the name and
on behalf OF the people. to which do not object |
cannot commence changes in their government but |
oy some previous act oflegslaon, and if the legis-
.a'ure Will not grant such act, do in fact fol
low the example of the Holy Alliauce--the doctors
OF Leybach-where the assembled soveregns said
that all changes of government must proceed from
the sovereign: and it is said that mark out the
same rule for the people of Rhode Island.
Now will any man--wll my adversary here. on
momeut's reflection, undertake to show the least
resemblance on earth between what have called
the American doctrine and the doctrine of the SOW
ereigns at Leyb bach What do contend for? l
say that the will of the people must prevail when
1t is ascertained; but there must be some legal and
authentic mode Of ascertaining that will; and then
the people make what government they please
Was that the doctrine Of Leybach. pray2 Was
not the doctrine there held that the sovereign should
say what changes shall be made2 Changes must
proceed from them--new constitutions and new
laws emanate from them--and all the people do is
10 submit. That Is what they maintained. All
changes began with the sovereigns and ended with
the sovoreigns. Pray, at about the time that Con-
gross was IN session did the allied powers put
the people of Italy to say what sort of change they
would have! And At more recent date did they
ask the citizens of Cracow what change they would
have in their constitution Or did they take u
way their constitution, laws and liberties by their
own sovereign act No, All that is necessary
here is that the will of the people should be ascer
tanned by some regular rule of proceeding prescr-
bed by previous law. But when ascertained that
will is as sovereign as that of despoc prnce-the
Gar of Muscovy or the Emperor Of Austria himself
though not quite so easily and readily made
known: ukase, edct signifies at once the
Will of despotic prince but that will of the peo
pie, which is here sovereign the will of such
prince, is not so easily ascerianed or known and
thence arises the necessity for suffrage, which is
The mode whereby ach mans powers may be made
TO tell upon the constitution of the government
One of the most recent laws for taking the will
Of the people in any State is the law Of lS45 of the
State OF New York. 1t begins by recommending
to the people to assemble in their several election
districts and proceed to vote for delegates to con-
venton. If you take the pains to read that act it
will be seen that New York regarded it as an ordi
nary exercise Of Legislative power. It applies all
The penalties for fraudulent voting in other cleo
tons ii Furnishes false cahs as in other cases GER
hilcates OF the proper officers were to be held con-
elusive, and the will OF the people was in this re-
Pervsed by the same officers, under thesame guards
against force and fraud, collision and msrepresen-
tatlon that are applied in voting for State United
States officers
We see, therefore, from the commencement OF
the Government under which we live down to tho
late act of the State of New York one uniform cur
rent of law, OF precedent and practice all going to
eslaolish the point that changes in government are
10 be brought about by the will of the people,
bled under such legislative provisions as may be ne
eossary to ascertain that will truly and authentica-
ly.
In the next place, may it please your honors, it
becomes very important TO consider what bearing
the constitution and laws OF the United Sta ties have
upon the Rhode Island question. Of course the
constitution of the United States recognizes the ex-
lsence of States; one branch Of the legislature of
the United States is composed of Senators appoint
ed by the States, in their State capacities The
constitution Of the United States (act iv. Sec a
says that ''the United States shall guarantee TO
each State republican form of government and
shall protect the several States against INVASION
and on application of the legislature or of the exc
cuiye when the Legislature cannot bo convened, a
ganst domestic violence" Now cannot but think
this very stringent article, drawing after it the
mcst important consequences, and all good conse-
quences. The constitution, in the section cited,
speaks of States having existing legislatures and
existing executives; ard it speaks Of cases in which
violence is practised threatened against the State
-"domesiic violence;' and il says the State shall
De protected. Ii says, then, does it not, that the
existing government Of State shall be protected
My adversary says, if so, and if the legislature
would not call convention, and if, when the PEG
pie rise 10 make n constitution, the United States
step IN and prohibit them, why the rights and pri-
viges Of the people are checked, controlled. IN
doubtediy The constitution does not proceed on
the ground OF revolution-it does not proceed on
any right of revolution but it does 90 on the idea
shat within and under the constitution no new con
sti'ution can be established in any State without
the authority Of the existing government. This
cannot help the gontemans argument much, be-
cause his case falls within the same range
He has proved, he thinks, that there was exist
ing government, paper government at least--a
TIghtful government as he alleges. Suppose it TO
be rghtful-suppose three ourths Of the people of
Rhode Island TO have been engaged in it and ready
TO sustain it, what then How is it to be done
without the consent of the existing government
Because if that government holds on and will not
surrender till displaced by force and if it is threat
ened by force then the case Of the constitution a
rises, and the United States must aid tho govern
ment that is in, because an attempt to displace
government by force is domestic violence" 1t is
the case provided for by the constitution If the
existing government hold on, maintain its post,
though three fourths OF the State have adopt
ed the constitution, is it not evident
enough that the exigency arises in which
the constitutional power here must go to the
aid of the existing government Look at
the law Of 18th February. 1895, in vol. | Of the
statutes at large page 421: "and in case OF insr-
Tection against any State, or against the govern
ment thereof it shall be lawful for the President,
application Of the legislature, to call out the mi
lta of other States, as he may Judge sufficient, to
suppress such Instruction" Instruction against