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

ted no defence, because they show nothing
but an illegal attempt to overthrow the govern
ment of Rhode Island.
3. No proofwas offered by the plaintiff to-
show that, in fact, another government had
gone into operation, by which the charter
government has been displaced.
And first, these matters are not OF judicial
cognizance. Does this need arguing Are
the various matters of fact alleged, the assem-
bly, of meetings, the appointment OF committees,
the qualifications oivoters,-is there any one
of all these matters of which court Of law
can take cognizance in question where they
are to decide on sovereignty The thing to
be proved is charge of the sovereign power.
Two legislatures existed at the same time,
both claiming power to pass laws. Both cannot
have legal existence What then is the
attempt of our adversaries! TO put down one
sovereign overnment, and 10 put another up
by facts and proceedings in regard to elections
out of doors, unauthorized by any law whatever
Regular proceedings for change of govern
ment may in some cases, perhaps, be taken
notice ofby Court, but this court must look
elsewhere than out of doors, and to public
meetings irregular and unauthorized, for the
decision Of such question as this. 1t natural
ly looks to that authority under which 1t sits
here, to the provisions of the constitution
which have created this tribunal, and to the
laws by which its proceedings are regulated
1t must look TO acts of the government OF the
United States in lis various branches.
This Rhode Island disturbance, as every
body knows, was brought to the knowledge of
the President of the United States by the pub
lie authorities of Rhode Island and how did
he treat it, The United States have guaran-
tied to each State a republican form of Gov
ernment. And a law of Congress has direct
ed the President, in constitutional case re-
ouiring such action, to call out the militia to
nut down domestic violence and suppress in
r,rr,,ction. Well, then, application was made
70 ,b. President of the United States, to the
executive po,ver of the United States. For
accordino 10 Our avstem 1t devolves upon the
E,xecutiye ,o determine, in the first instance,
what are and what are no governments. lhe
President recognizes governments, loreigh
governments as they appear from lihe 10 tliiie
in the occurrences of this changetul World
The constitution and the laws make it hi.s du-
ty, if an insurrectOu exists against the gover'-
meut Of any State, making it necessary 10 ap-
pear with an armed force to call out the mi
litia and put it down.
Two things may here be properly considered.
The first is that constitution declares that the
United States shall protect every State against
domestic violence and the law of '05, making
provision for carrying this constitutional duty
into effect in all pr oper cases, declares that
: in case of an insurrection in anv state against
the government thereof, it shall be lawful for
the President of the United States to call out
the militia of other States to suppress such in
surrection." These constitutional and legal
provisions make it indispensable duty of the
President TO decide, in cases of commo,ion,
what is the rightful government of the State.
He cannot avoid such decision And in this
case he decided of course that the existing
government, the charter government, was the
rightful government.
In the next place, if events had made it nee
Iessary to call out the militia and the officers
and soldiers of such militia, in protecting the
existing government, had done precisely what
the defendants in this case did, could an action
have been maintained against them!
| I'm reply to the requlsitlon of the Governor,
the President stated that he did not think j,
was yet time for the application Of force but
he wrote letter to the Secretary of War, II
which he is directed to confer with the Gov
ernor of Rhode Island, and, whenever it should
appear to them proper, to call out from Massa
chusetts and Connecticut militia force suffi-
cent to terminate at once the insurrection in
! Rhode Island. We are at no loss TO know how
the Executive government treated the lnsurrec
I ton in Rhode Island. 1t was regarded as 10
| be PIT d0irn.
! That is manifest from the Presidents lettel
to the Secretary of War and to Gov. King.
! Now the eve of this Court must be directed
to the proceedings of the General Government
which had its attention called to the subject
and which did institute proceedings respecting
lit. And the Court will learn from the proceed
i incs of the Executive branch of the govern.
Imcnt, and of the two Chambers above us. how
the disturbances in Rhode Island were regard
ed.-whether they were looked upon as tn,
establishment of any government, or as a mere
pure, unauthorized, unqualified nlsurectio,
against the authority of the existing govern
ment of the State.
! say therefore, that, upon that ground thes
! facts are not facts which this Court can inquire
into, or which the Court below could try, be
cause they are facts going to prove, (if the,
prove anything,) the establishment of new
sovereignty, and this is question to be settle'
elsewhere and otherwise. From the yer,
nature of the case it is not question to be de
cided by judicial inquiry. Take for example
one of the points which it involves my adyer
sary offered TO prove that the Constitution wa
adopted by majority of the people of Rhod
Island by large majority as he alleges. -
What does this offer call on your honors to do
Why TO ascertain by proof, what is the number
of citizens in Rhode Island; and how many
attended the meetings, at which delegates t.
the Convention were elected and then you have
got to add them all up, and prove by testimon,
the qualifications of every one of them to be al
elector. 1t is enough to state such a propos
ition to show its absurdity. AS none such eve
was sustained in court of law, so none sucf
can be or ought to be sustained. Observe tina
minutes of proceedings can be no proof, fo
they were made by no authentic persons, re-
gisers were kept by no warranted officers
chairmen and moderators were chosen without
authority. In short, there are no oGfcial re-
cords there is no testimony in the case but
parole. | think that Chief Justice Durfoe was
right in his Interpretation of the law.
But, again | say you cannot look into the
facts attempted to be proved, because of the
certainty of the continuance of the old govern
ment till the legal constitution went into effect
on the Sd of May, 1912. To prove that there
was no other constitution of two days length
would be absurd And say that the decision
of Rhode Island herself, by her Legislature,