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

were elected under 1t in April, lSi2 that the
new government assembled on the Cd Of MAY,
and he offered a copy OF its proceedings.
lie sets forth that the Court refused to admit
testimony upon these subjects, and ruled that
the government and law of the state were in full
lorce. and that they justified the action of the
defendants.
will give few references to other proceed.
lhgs OF this new government. The new consti-
tn,lon was proclaimed on the 18th of January,
I iSl2. TN the 18th Of April officers were APP
/ pointed under it. and Mr. borr was chosen Gov.
crnor. On Tuesday the Sd of May the new leg
stature met, was organized, and then, it is in
sisted, the new constitution became the law Of
The land-on that Sd day of MAY. The Ieris.
Iaturc sat through that whole day, morning and
evening: adjourned met the next day: and sat
through all That day. morning and evening, and
Gd Il great deal Of payer business. 1t went
through the forms Of choosing n Supreme Court.
NC. and on the evening of the 18th of Nav il adj
lonrned, TO meet again on the LIST Monday Of
July in Providence,
And never word spake morcw
1t never rc-asscmbcd. This Government. then,
whatever it was. came into existence on the
'n'rd day OF May and went out of existence on
the fourth day of May.
will now give some references concerning
the new constitution authorised by the govern
nent. The present constitution was framed
in Nov. 1872. 1t was voted upon by the people
on tie 2lst, 22d. and 23d days of November, was
then accepted and became BY its own provisions
the constitution of Rhode Island on the first
Tuesday of May, 1913.
Now what, in the meantime, had become Of
! Mr.. DORIS government? According to their
own principle they say they are forced to admit
that it was superseded by the new government,
because the people had accepted the new gov
erntQcnt. But they had no new government
I'LL May, 1913 According to them then, there
was an W7regnum of a whole year. II they
had government, what became of it? If Il
: ever came in, what put it out of existence p
Why did it not meet on the day to which it adj
journed 1t was not displaced by the new con.
stitution. because that had not been agreed up-
on in convention till November; it was not
adopted by the people till the last of November,
and 1t did not go into operation till May. What
became oft 2
: think it is important to note that the new
constitution, established according to the pre-
d, scribed forms, came thus into operation in MAY,
1913. and was admitted BY all to be the consti-
I tuition OF the state. What then happened in tho
. state of Rhode Island! | do not mean TO 20
= through all the trials that were had after this
= cphcmeral government had disappeared but
e will ask attention to the report of the trial of
g Dorr Tor treason which took place in 1914 be-
: fore the whole court. He was indicted in Au-
rust Is 10 and the trial carnn nm in N,rcl, 1874
: The Indictment was fonnd yybls ,ho nh.r,a.
: government was in force and tba ,r;ai ,,a .a
!. Under the new constitution Of ,he state IT," IG,
y was found uuilty of treason Al 7 ,ur,, >, A.
= report Of thc trial now to call a,ten,ion ~ , o
language of the court in its cha rtre rs delveroI.
IS by Chief Justice DurIee in that case I nros,rt
tie following extract from that charoc -
o 4" il NAV be. gentlemen FIAT he roallv bol;,v.
% ed himself to be the Governor Of hbe st,te md
/, that he acted throughout under iii. delnsion -
However far this NAV 90 TO ey,ennote The otIanco
d it does not take from it its lorol ouiIt II ia
d defence to an indictment for the violation ~
any law, for the defendant to come into CG,,rt
i and say, thought was but exercising a con.
n sttut'ona right, and claim an acquitta1 on tbe
o ground of mistake Were it so there woulI
be an emu to all law and all government.-
: Courts and luries would have nothinp 10 do but
G to sit in Judgment upon indictments in order ~
: acquit or excuse. The accused has ONLY IN
prove that he has been systematic in conmi,in,
i crime. aud that he thoiuobt he had riab, -
n commit it, and. ACCORDING TO this doctrine vn,,
. must aconit, ''"'' ~"
fl The main rrounl unon which H., ,,.s..