Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1848-02-10

But James abdlcated, and klng w nllam look
the government; and how did he proceed
Why he at once requested all who had been
members of the old Parliament, Of any regular
Parliament in the time of Charles the Second,
to assemble. The Peers, being standing
body, could of course assemble; and all they
did was to recommend the calling of Conven-
ton, TO be chosen by the same electors, and
composed of the same numbers, as composed
a Parliament. And the Convention assembled
and, as all know, was turned into a Parliament.
This was a case of necessity reyolutlon.-I
Don't we call it so! And whyl Not merely
because new sovereign then assembled the
throne of the Stuarts, but because there
was a change In the organization OF the gov
ernmont. The succession OF law was broken
The Convention did not assemble under any
preceding law. There was hidfnS, syncope,
in the action of the body polite. 1 his was
revolution, and the Parllalnenis that assembled
Afterwards dated their legal origin TO that Rev
olution.
Is il not obvious enough that men cannot get
together, and count themselves, and say they
are 80 many hundreds and many thousands
and Judge Of their own qualifications, and call
themselves the people, and set up govern
mntl Why another set OF men, forty miles
OF, on the same day, with the same proprlety,
with as good qualifications and in as large num-
b1rs, many meet and set mp government, for
thcns lives one may meet at Newport and
another at Chepachet, and both may call them
selves the people. What is this but anarchy
WIat.libo-ty is there here but "A tumultuary,
tenpcs'uols, violent, stormy lbcrty,-a sort of
South American liberty, without power, except
III spasms, liberty supported by arms to-day,
crushed by tomorrow. Is that our liberty
This regular action of popular power, Oh the
tha
beautiful face that ever adorned that angel form
All is regular and harmonious in lis features,
and gentle in its operation. The stream of
public authority under American liberty, run
ming in this channel, has the strength of the
Missouri, while It's waters are as transparent
as those Of a crystal lake. 1t is powerful for
good. Il produces no tumut, no violence and
no wrong. II is well cnongh described IN these
lines oi Sir Thomas Denham it is Il stream
"Though deep yet clear, though gentle yet
not dull,
Strong without rage, without oerfowing full
Another American principle growing out OF
this and just as important and well settled, as
in the great truth that the people are the source
OF power, is, that when in the course of events
il becomes necessary to ascertain the will of
the people on a new eXigency, or new state
Of things or of opinion, the Legislative power
provides for that ascertanment by an ordinary
act oflegisaton. Has not that been our whole
history ltwould take me from now till the sun
shall 90 down, to advert to all the instances of
1t. aud shall Olny refer 10 the most prominent
and especially to the establishment of the Con-
stiluton under which you sit. The old Con-
gross, upon the suggestion of the Delegates
who assembled at Annapolis in May, 's6, re-
commended to the States that they should send
Delegates TO a Convention 10 he holden at
Philadelphia. TO form Il constitution. No ar
ticle of the old Confederation gave them power
TO do this. But they did it, and the States did
appoint delegates who went TO Philadelphia
and formed the Constitution. 1t was communl-
catcd t. the old Congress, and that body re-
commended to the States to make provision for
calling the people together to act upon It's adopt.
ion. Was not that exactly the case of passing
"a law to ascertain the will of the people in a
new exigcncy And this method was adopted
without opposition, nobody suggesting that
there could be any other mode of ascertaining
the will of the people.
Again, my learned friend went through the
Constitution of several of the States. 1t is
enough to say, that of the old thirteen States
the Constitutions. with but one exception, con-
tanned no provision for their own amendment.
In New Hampshire there was a provision for
taking the sense of the people once in seven
wears Yet there is hardly Que that had not
altered its Constitution, and it has been done
By Conventions called by the Legislature, as an
ordinary exercise of legislative power. Now
what State ever altered its Constitution in any
other mode What alteration has ever been
brought in, put in, forced in, or got in any how
bv resolution or mass meetings, and then by
applying force In what state has an assembly,
calling itself the people, without law, without
authority, without qualifications, without GER
tain officers, with no oaths, securities or sane
tions of any kind met and made Constitution
AMI called it the Constitution of the STATE I
There INST be some Gg..-HIg .-tGc OF as
c'rIinirg the will of the proFe--elSn AL Is
aparchy. II resolves itself into tie law of the
strongest, or what is the same thing of the
most uum arous for ,hc moment aud a'l con-
stitutons ,aul all leg,slatyo rights are pgosira-
ted and dsragarded
But my learned adversary says that, if we
mojutain that thn people for he speaks in
e., name and on behalf of the people, to which
10 not obicct-capnoi commence changes in
their government. bat by some previous act Of
lpgis l;ion-and il the legislature will not grant
such an active DO in fact follow the example
OF he Holy hlliancr-ihc Doctors of Lcyback
where the assembled Soyercgns said that all
changes of government must proceed from the
Sovereign and il is said that We mark out the
slme ~ul. for the people Of Rhode Island.
Now, vii any man. viii ny ldycrs.ry here,
on moments reflection, undertake 10 show
the least scnbancc on earth between what
hive called the Aner,ran doctrin, ani the doc
trine of tn, Soyeleigns at Leyblch What
90 contend for say that the viii of the
people must prevail whcnit IS asccrtaincd; but
there must BIZ some legal and authentic mode
ofascertainiag that VIII; and then the people
make what government they pleas. Was
ihlt the doctrine of Lnybach. pray! Was not
the doctrine there held, that the Sorcrign
should say what changes shall be made =
Changes must proceed from ;hom new consti-
tutOns and new laws cmanate from them: and
all the people do il tu submit. That is what
they maint,lncd. Al changes began with the
Suvereigns and ended with the SovcreiGns.-
Pray, at about the tim that Congress was in
session, did TIA, allied powers pat II To the pco-
pie of Italy To say what sort Of change they
would have And at a more recent date, did
they ask the citizens of Cracuw what change
thpv voud have IN their constitution Or did