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

government, ana snail protect the several states
against invasion, and on the application of the
| Legislature. or of the executive when the legis-
lature cannot be convened, against domestic vio-
lcncc." Now | cannot but think this very
stringent article. drawing after it the most i'm
portant consequences. and all gOod consequent
ccs. This constitution, in the section cited
speaks of states having existing legislatures and
existing executives and it speaks of cases in
which violence is practised or threatened against
the state" domestic violence;'' and it SAYS the
state shall be 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 a convention. and
if. when the people rise to make a constitution,
the United States step in and prohibit them, why
the rights and privileges of the people are check
ed-cortrollcd. Undoubtedly.
! The constitution does net proceed on the
/ grOuHd of revolution it does not proceed on
any right of revolution: but it does 90 on the
idea that within and under the constitution. no
new constitution can be established in any state
without the authority Of the existing govern
mcnt This cannot help the gcntlemans argu-
mcnt much, because his own case falls within
the same range. lie has proved he thinks. thai,
there was an existing government, paper gov
eminent at lcast-a riglitin government, as he
alleges. Suppose it 10 be rightful. Suppose
thrce-iourths Of the people of Rhode Island to
have been engaged in il 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 surren-
der till displaced by force ana if it is threatened
by force. then the case Of the constitution arises.
and the United States must aid the government
that is in. because an attempt TO dispacc n gov
ernment by force is " domestic violence" 1t is
the case provided for BY the constitution.
! II the existing government hold on. maintain
its post. though threc-fourths of the state have
adopted the new constitutions it not evident
enough that the cXigcncy arises in which the
constitutional power here must 90 to the aid OF
the existing government? Look at the law of
2Sth February, l795-n VOL of the Statutes
al large p. I2i: "and in case of Instruction
against any state, or against The government
thereof, it shall be lawful for the President, on
application OF the legislature. to call out the mi
litia of other states as he may Judge sufficient
to suppress such insurrecton." Instruction
against the eriStiHg government is to be sup
pressed.
But the law and the constitution, the whole
system of American institutions, do not con'em-
plate a case as likely TO arise under our system
in which resort will be necessary TO proceed.
ings aiiunde, or outside Of the law and constitu
ton, for the purpose of amending the constitu'
IL -
all republican, that they are all representative
in their forms. and that these popular govern
ments in each state, the annually created crca
lures of the people, will give all proper faci'ite;
and necessary aids to bring about changes tina
the people may Judge necessary in their constl
tutions. 1t takes th'st groun3 and acts on NJ
. ot'.of supsoai;iun. = assumes -'hat the popu.a
will will be accomplished in all particulars
And history has proved that the presumption i
well founded.
Now ths.ls the view take OF what ] hav
called the American system. These are tn
methods of bringing about changes in govern
, ment.
Now it is proper to look into the record an,
, see what the questions are, that are presentc.
by it, and consider.
l. Whether the case is one for judicial inves
tcation at all--that is. whether this court cal
try the matters which the plaintiff has offered Il
prove in the Circuit Court below and
=. In the second place, whether many things
which he did offer To prove. if they could have
been and had been proved, were not acts Sfcrm
inality, and therefore no justification: and
3. Whethchall that was offered To be proved
would show that, in point a tict, there had beer
established and put in operation any new con>t
tuition 10 dlsplace the Old charter government o
Rhode Island. 30
The declaration is in trcspass. The writ wa;
issued or the Sth of October 1872, in which
Martin LutRcr complains that Luther B0rdr
and others broke into his house in Warren
Rhode Island. on the Doth of June, II, and dis
turbed his family. &c.
The defendant answers that large numbers OF
men, in arms in Rhode Island for the purpose OF
. overthrowing the government of the state. mad,
war upon it that for the preservation of III,
government and people martial law had beer
| proclaimed by the Governor, under an act o
the Legislature on the 18th of June, lSi2.-
, The plea goes on to aver that the plaintiff wa:
, aiding and abeting the attempt to overthrow the
| government, and that the defendant was unde
the military authority of John II. Child, am
was ordered TO arrest the plaintiff, for which pur
, pose he applied at the door of his house, and be
!, ing refused he forced the door.
The action is for trespass and the plea is jus
/ tilicalion under the law of Rhode Island. Th,
plea and rcDcations are as usual in such cases
The plea was fled at the November term of SI3
, in the Circuit Court of Rhode Island. And il
: order to make out defence, the defendant of
a fcred the charter of Rhode Island, the participa
; ton OF the state in the Declaration of lndepen
dence, its uniting with the confederation IN IS
its admission into the Union in 80, ITS conlinu
ance in the Union, and its continued recognition
!, as a state down to May, 1913, when the conStl
. tuition now in force was adopted. And here le
, it be particularly remarked, that congress ad
mitted Rhode Island into the constitution unde
a this identical old charter government, ihereb,
giving sanction to it as republican form o
> government. And the defendant then refers t,
:. all the laws ard proceedings of the Assembl.
> till the adoption of the present constitution O
i, Rhode Island. The defendant proposes to prove
. that large numbers of men were assembled il
arms to destroy the government, that he wa
. acting under competent military authority in re
ssting them, sc. as set forth in the plea.
To repe the case of the defendant the plain
tiff read the proceedings of the Cd legislature
> and documents, 10 show that the idea Of chang
> ing the government had been entertained as lons
: ago as in 1870. He read also resolutions of h,
Assembly of lS4l-memodals praying change
= in the constitution, &c. &c. lie next offered t,
prove that suffrage associations were formed
A., throughout the state in 1910 and IL that step
= were taken by them for holding public meetings
. and to show the proceedings held thereon, Il
the next place mass convention was held a
Newport, attended by over four thousand per
. sons, and another at Providence which over 81!
thousand attended at which resolutions wer
, passed which were here offered. Then he OF
iered to prove the election of deegates-th
meeting of the convention in October 1884, an
> the drafting of a constitution; the re-assenl
bling in ISL, the competun of The draft il