New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-02-01

thar = Been sgrecd up1n Couvsntoa l Ssv--1-
v,ubs- md H cid 1T 60 into oPsrs.iou ui MsJ What
became oft.
iuk u s important % noe that The new CorItu-
ton estsb shes recording 90 The pr-seIled lrrs
th1s operation In MaT. 1855 and admitted by al
o. the consiuton Of The stale Whstthen lsppessd
1 The state of hoselss1d 10 not mean b a. trrough
al the iria that were had after ihs efhcucrs Govern
suf had diss ppesr-1 Dat Will attention " the &c.
port II the .s Il D8rr r ifeas1u zich to8k place n
1914 before the whole Col-t he was ir1icte1 10 August
Ia. and tie trial "a March. itfi. Ih- rdict
mert was found while the Charter Governments 10
force srd the trial had goier the new tclst tuition
the SAFE Te ss founf ty u fFsss1l. And tlrn 10
fher port Of ts tisl 20 can a. eut0n - ne lsn
Euage n the Court IN rs charge 81 delivered ~ Ilsf a.
tee DuAFEE IN that case. present tie olo~ns exifsci
at nay b. gentlemen. that he really believed himself
O. b the Governor Of the state and ~ be s-tei taroush
ont under this d-usi1n However this may rxtenu-
the offence % not take rc ~ y - legal guilt To
defence o. a. indictment Tor me violation Of any
Az for the defendant 10 come into CouIt and say.
thought thai wss buf r1srclfilf tonsttluolai usn
add clam acquiffa on the ground of mistake Were
o there would BE- lni g al i'~ And All Govern
menL Ccufs and Jun-s would have uothi1z " do bat 90
st in Judgment opon Indictments ln order - scqui
excuse The accused nss cniy " Prove i- ne IA zen
.ysematc 10 committing crime ano thai be thoufht that
he had sht % commit H. and according o. ths doctine
you must scqlit The main ground upon ~hea ne pms
oner sought for sjnsiihcacn was hai Constitution hae
been adopted by nsj0riy Of the male adult population
Of this State voting Ia their primary or natEr. epssty
OF condition, and that he WAS subsequently elected and
did The acts charged, Governor under T. ne o1esec
the votes themselves 70 prove - adoption ~leh were
hs<e ruled out. Courts and 1nes Eentlerso do not
c0unt votes determine Nhefher Constaiioa has been
adopted Governor elected not Courts axe notice.
without proof offered from the bar what me Constitution
wa. ana whg Is or was the Governor VI the Own
State 10 belsr a 20 the legislature exercise this hsh
duty L. ia. Legislature which 10 the exercise Of is
delegated soyerrignty, cCunts the votes sd declare.
whether Cons.itut6a 10 adopted Governor elected
Or not and cannot revise reverse their acts. Ia
this particular without usurpng their power Nef- Tue
yotss on the adoption u our present Consultation ngw
offered prove that DC was not adopted sr
those given for The Governor urter H. 10 provide mat ne
was or noteeetsd could not receive the evidence
10 80. aH.. f"a4 n
VII, not, Because 4 We did 50, should cease % b
mere Judicial, and become political tribunal with ttc
whole sovereignty in our hands Neither the people nor
the Iegseture would be sovereign We should Be
rel gn or you would be sovereign sn1 We should deal out
pare. hzant here e. bar Sovereignty 20 THIS or
that according % rules levs Of our own making and
heretofore unknown To- courts. ID what condition would
this country BE- u appeals could % thus tlssA 70 cous
and iures Ihu J1ry might Gee ce one way ali iln 81,
ther tie sovereignty night be 7und here to-day snd
there tomorrow Sovereignty is above courts or janes
We're iii. offered a. the Constellation aai-
eign State, We might perhaps nnael some
require proof q s existence bat even 10 nat case the
fact would be sscesnsd by counting The votes gwen
IT, adoption but BY the eeIthe.ie OF ne seeay :,
STATE under the broad seal Of the State TINS OF
not offered foreign Constitution, and this Court
bound TO know what the Constitution OF tle Government
H. under which II sctwthout any PROOF -N-h OF tat hen
character We know nothing o. the existence 81 the 20
called Peoples Constitution lay and there - no proof
before you Of ts adoption aud Of the election OF the
prisoner as Governor under aud you return YER
d c. only on the evidence that hiss passed 70 YOU
Having thus attempted state the questions ~ they
arise ard having referred to what has taken place IN
Rbode-IsIand saa present what farther have to ssy
IN three propositions
the plaintiff IN the Court below, are not Of judicial cosn
rsnce; and proof Of them therefore, was properly re-
I'd II ali these matters could be- and had been legally
proved hey would have constituted defence because
ey show nothing but illegal attempt TO overthrow the
Government Of Rhode Island.
3d. No proof was Offered by the plsina 10 show that
fact, another Government naa gone nto opsi-lso" ~
which the Charter Goverlment had been displaced
And hrt. these matter. are not OF judicial cosnztnce
Does this need arguing Are The various msies OF lac,
alleged the assembly OF meetinS' the hppolh'iene =.
Committees the qualifications Of voters is there any one
OF All these matters Of which court Of Law csn take cog
uzance 10 question where they are 70 decide on sOsr
r-snty, The thing 10 be proved Is change Of the sovs
reign power Two Legislatures existed az We sAins us
both claiming power TO pass laws Both cannot nave
legal exis.ncs What then is the attempt Of our adyer
ssres To put down ono sovereign cover nnlens' arc 70
Put another up by and IN regard TO cleo
fions out OF doors unauthorized by any law whatever
Regular proceedings for change Of OoseTnnent may IA
some cases perhaps be taken notice OF ~ court pu'
hs court must look elsewhere than out Ut doors ana ~
public meetings irregular and unauthorized Tor he DE-
i ~ nrh ouestion az this IL naturally looks 10 that
authority under which sits here 20 ths Of we
Constuon which have crested thi, tribunal and 20 ihe
to the acts Of the Govemmsnt Of the United states in s
Tbi. Rhode Island disturbances as everybody knows,
wa brought the knOwen u the President OF the Uni
ted states By the public authorities OF Rhode sand ana
how did he treat IL TIE Lned states have soaanteed
10 each State republican form Of Government And a
law Of Cong has directed the President IN cor sta
tous requiring such action, 70 call out the militia
WI tbsp Notification WA made to the President the
United States For according to our system II dsVoe
upon tho Executive TO determine IN the hrst instance
,haf are and What not Governments The President re-
cognzes Governments foreign Governments they appear
from lime 10 time In the occurrences OF TINS chanSeiu
world The Constitution and tbs laws make Il his duty
II an instruction exists against the O3yefnment o. any
state making Necessary 70 sPPsst Win 80 As0 ''''
Two things may here be properly eonsasrsa me n!ss
Is that the Constitution declares that tne Cnitea
shall protect every state against domestic e
the law Of % making provision for carrying TINS Oons
tutions duty into effect IN all proper cases ta
"n case Of Instruction Ia any stale asalnst te GOV
eminent thereof shall be lawful r the PRESIDENT OF me
Unted STATES 70 call out the stiA Of hei pa Is 70 SUP
press such insurrectOnr These constitutional and legal
provisions make 10 the indispensable duty OF me ffrs
dent decide ia cases Of cemmOtion what = inc tusi"
Goverun mt OF the state lie cannot avoid such decision
And n this case he dec ded OF course that the existing
Government tho Charter Government was the "sn'''
In H. aext place II events had made il necessary 70 call
out the militia and the officers and soldiers OF sach milt
protecting the eXisag Governmen o. h.e done
what the defendants 10 this csss do could sh aeton nave
been maintained against them u, n.
Ia reply the requist0n Of the Governor ne res
dent that be aid think II YET ti1 of we
application Of but he wIote letter 10 ne sseisA
nv II War which he u directed 70 confer win me o9
enor Of Rhode Island, and, whenever Il SHOULD sPleA
them proper TO call from Massachusetts, sni Soanee
cut .mia force Sufficient 10 frrHiHafe az 0He he
~ Exseu,s Ooysrnment treated the instruction m
Rhode Island. Ii regarded a. 70 b. pf do'on IN
manifest from the Presc ents letters 20 me SeSte'
War and 70 GOV. King L
OF the General UOscrlm~nt Nhch hA- ~. $50
ton called the subject, and which da lnsututs p
crdinxs respecting II. And "a Court VIII ieaih iio ~
ms Of fhe Executive branch Of the Jovefnnen
aud IT the two Chambers above Nc, how me
n Rhode Island egarded~ neither they were oOseo
noon :. the sst1bl shment Of any government OF -
mere pure Unauthorized. unquaned tHsHI teioh asan'
the authority Of the existing oosefuneat OF te Sts'
SAY. therefore, that upon that gfoana lhr'e 80
cot fact. which his inquire inio OF ~ieu ~
Court below could ny, because they are taes ton- ~
prove 10 they prove suythnz the establishment ~ -~
Soyrei snty ani that Is question % b. seiri -'c"h-.
and otherwise From he very u-ure OF ne cs'e - Lo
qae.uon t. BE- decided BY Judicial inqafy Iass iyI -
ample one OF he points which Y Involves Ny AiF'fsHy
o--red 70 prove that the Constitution wss sdopted y
msioy Of the people Of Rhode lssIc-by large msJof
~ lie alleges What does this oder call on yogf nois
70 do WHY ascertain b proof whAi u the nunD7t
oil citizens Ia Rhode Island and now many attended voc
meeting. A. which delegates % the ConFentlJn we're elect
- sud then you at % add them al up 40 Prov
b. estimouy the qualifications or every one o the 70 p
~ -iectot IL enough 70 state such proposition ~
.ho In, .hsrrGitv. As such ever ~as sustained 10
court OF law >. none such can be or ought ~ Dc
Observe tbs. BAnfeg Of proceeding can - ~ proof o
th-vIwers m.d- b. authentic persons res.s were
.ept bv 40 warranted officers Chsrm-n and hcdefaos
were chosen without authority In short there are 20
sal r.cords-there testimony 10 the Ease bat p
roe think that Chief Justice Duriee vas ugnt N DIS
interpretation Of tie law ,s ID. - $50,
Bat sxan say you cannot look into the facts stempi-
I'd 10 b- proved because 4 he cetai'ty Of me eontln4
80 OF "a. old Government III the Legal Constitution
-. into -H-cl 90 the 81 Of Hsy 1872 To prove inst
tn-r. wss another Constitution q two day. snsth, wona
\ L.