Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-03-29

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dent oil the United States by the public authorities
OF Rhode Island and how did ho treat it? tn,
United States have guaranteed TO each State re
publican form Of government. And law of Con
SreSs has directed the President, in constitutions
case requiring such action to call out the militia 4,
put down domestic violence and suppress insured
ton Well then. application was made to The Pie
s!dent OF tho United States, to the Executive pow
er OF the United States. For accordinr 10 our svs
lem 1t devolyes upon the Executive 10 determine.
IN the first instance, what arc and what are not Go
Vernments The President recognizes Govern
mems, foreign Governments as they appear from
unle to time in this changcfu world, The cons.-
tuition ana The Jaws I5EG IL lis Uut Il an ;iisii-
rection exists against the Government OF any State
making IL necessary 10 appear with al s.med force,
10 call out the militia and put it down.
IWo things may be properly considered. Tho
irst IS thai the constitution declares that the Uni.
ted States shall protect every State against dolnss-
tic violence; and the law OF 49, making provision
Tor carrying this constitutional duty into effect in
all the proper cases, declares that Sin case Of an in,
surecilon IN any State against the government there
Of 1t shall be lawful for the President of the Uni.
ted States 10 call out the militia of other States to
suppress such inSurectiOn.' These constitutions
al and lega! provisions make it the Indispensable
duty of the President to decide in cases Of commo-
iion, what is the righttul Government; Of the State
! lie cannot avoid such decision And in this case
he decided of course that the existing Government.
the Charter Government, was the tlul Govern
ment.
! In the next place, ifevents had made it necessa-
ry to call out The militia and the officers and sol
diers OF such militia, in protecting the existing Go
Vernment, had done precisely what the defendants
IN tins case did, could-ln action have been main
tanned against them
/ In reply 10 the requison of the Governor the
President stated that he did not think it was vet
time for the application Of force; but he wrote let
3 af in N,li Lo A..
ed to confer with the Governor OF Rhode Island
and. whenever it should appear 10 them proper, to
call cut from MASSACHUSETTS and Connecticut a mi
lia force sufficient TO terminate al once the insur-
rection in Rhode Island. We are at no loss to
know how the Executive Government treated the
insurrection in Rhode Island. 1t was regarded rs
to be pUt dorm. That is manifest from the presi-
dents letters to the Secretary of War and to Co
vernon King.
Now the eye Of this Court must be directed e,
the proceedings of the General Government, which
had It's attention called to the SUBJECT and which
did institute proceedings respecting it. Aud the
Count w! learn from the proceedings of the Exec
utve branch Of the Government, and of the two
/ Chambers above us, how the disturbances in Rhode
/ Island were regarded, whether they were looked
/ upon rs the establishment OF any Government, OF
as mere, pure, unauthorsed, unqualified iitsl.-
rcct'on against the authority Of the existing CO.
yeTnment OF the State.
!
facts not facts which Ihs Court can inquire III
20, oI "i!ici, tAe UOUi. ue.CW could Try L-,a.,s,
they facts going to prove, OF ;hey prove any
thlng,) the establishment Of new sovereignty.
and that is a question 10 be settled elsewhere and
otherwise From the very nature Of the case il IS
not a question to be decided 10y judicial inquiry
lake for example one Of the points which i: in
wolves: my adversary offered to prove that the
I Constitution adopted b. a majority of the peo-
pie of Rhode Standby a large majority as be
alleges. what does this offer call on your hCnors
10 do why to ascertain, by proof, what is the
number Of citizens in Rhode island and how ma
ny attended the meetings, al which delegates 10
the Convention were elected and then you have
got 10 add them all up, and prove by testimony tho
qualifications of every Of them 10 be an ciector
1t IS enough to state such proposition TO show lis
absuTdty. As none such ever was sustained in
court OF law. SO none such can be or ought 10 be
sustained. Observe that minutes Of proceedings
can be proof, for they were made by no authen-
tic persons, registers were kept by no warranted
c.ucers, charmen and mOderatoTs Were chosen
without authority. In short there are no ci}jc;GI
Tccogds,-here is no testimony in the case but pa
role. think that Chief Justice Duriec was rich;
in his Interpretation Of The law.
But, again, say YOU cannot look into tho facts
attempted to be proved, because Of the certainty Of
the continuance Of the old Government till the le-
gal constitution went into effect the sd Of May
lc42. To prove that there was another cOnstitu-
lion of two days length, would be absurd. And
say that the decision Of Rhode Island herself, by
: her Legislature, by her Executive, 10y the adjud
cation of her highest court of law on the trial Of
Dor, has shut up the whole case. DO you pro
pose, will not put ii in that form, but would it be
proper Tor this court tOTcyerse that opinion That
declares that The Judges of Rhode island Know
nothing Of the Peoples Constitution )" is ii pos
si5le then Tor this court for The court below, 10
- know OF II
Il ii = Il
In the case, the proceedings Of Rhode Island heyse
must shut every body s month in the court and out
GIFT. Rhode Island is competent to decide the
, question herself and every boJy else ought 10 be
bound by her decision.
And it is but b-anch Of this to say, according
e to my second proposition
t 2. Tbatif everything offered had been proved
if in the nature Of the case these facts and proceed
lCys could nave been received a5 proof, the couT
could not have listened to them, because every one
= of them is regarded by the State in which they
) anything from acts declared TO be criminal III,
very proceedings which now set up here t,
y show that the new Constitution was founded upoI
q acts which the Legislature Of the State had proyi
d ded punishment for. aud which the courts Of ih
State have punished. All. therefore, which thu
i plaintiff has attempted 20 prove here, arc act
IS which he was not allowed to prove. because the
,. were criminal in themselves. and have been s
5f treated and punished, 50 fer as The State Govern
ncnt in lis discretion. thought proper
IN 8. Thirdly aud lastly. there is no evidence offer
e ed, nor mas any distinct allegation Ueen made tina
% there was an actual government established an
ie put in operation TO Gsplacc the charter g1yCramcn
n That is evident enough You find The whole cu
T. br2cod in those two days. the 81 and 9TH Of May
e. The French revolution was thought 90 be some
is what rapid. That took three days But th
= work was ACCOMPLISHED I'm two 7, s all There