New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-02-01
NEW-YORk TRIBUNE.
The Rhode Island Question,
MIR. WTIsTFR's ARGUNENT

il ne Supreme Court ~ Ne intel SUES Jan. II, lsi,.
ogIiast NJ faulty Of ne 'PePss Constitution, o.
Rhode bland.
We present 10 readers. with great salisac
ton, the following exposition by Mr. WEBSTER OF
tie Principles on which the American System Of
Popular Liberty rests. The report was made by
one OF the Editors Of the Courser and EnquUer,
WHO happened to be in Washington at the time the
case was argued before the Court: and has been
submitted to the examination and revision Of Mr.
WEBSTER himself. 1t must be regarded as one Of
the most instructive and timely addresses Of the
great Statesman from whom it comes. We are
glad to learn tina. it will probably be published ia
iorIa better adapted Tor preservation than that in
which il now appears.
Mr WEBSTER said there was something novel
and extraordinary IN the now before the Court.
IL IS not such a one as is usually presented, all
will admit for Judicial consideration.
II IS well known that in the cars le4l and so
political agitation existed In Rhode Island. Some
Of the citizens undertook to form new Constitu.
ton Of Government beginning their proceedings
toward that end by meetings Of the people he'd
without authority Of law. and conducting those pro
sediugs through such forms led them in 1912 10
.ay they had established constitution and form
Of sossrosnt Fse PIeyGasY eA.stiHs ssd thea exist,
Dugstory far they went to establish const
tuition and criminal they proposed 10 confer
Authority
the existiDs GOVERNMENT
All win remember that the Of things approached
II not actual coufct between In arms, ~ least the
peOus edge Of battle" Arms resJrted TO, force
was used and greater force thTs aened
In June, 1912 this agitation subsidized The new govern
lent, n called itself disappeared from the Of
action. TDs former government, the Charter Govern
cnt AZ was sometimes styled, retssumed undispuec
CONTROL went on it ordinary course and the peace Of The
State was restored.
Legislature of tbs State had, at early sisss OF the
troubles found It necessary 70 pass special laws for the
q
IL defined the crime Vi treason as wei as smaller
offences aud declared martial law. Gov King pro
claimed the existence OF treason ard rebellion 10 the
State. and declared the State under martial law.
THIS having been done, and The ephemeial government
state found persons for haynr
disturbed the peace Of The state sna against Don for
Tho Indictment against D0rr in the Sn
pfeme Court Of Rhode Island in 1885, before tribunal ad
mted all hands TO be- lie Legal i0dicatue Of the State
tie tried by jury Of Rhode Island above all obiec
and after all challenge. By that jury under the in
sructions of the Coor he convicted Of treason and
sentenced TO imprisonment for life
Now action brought In Courts Of the United State
and before yonf honors by appeal In which II ATTEMPTED
prove that tho characters Of this drama have been oddly
and wrongly csthat there has been great mistake In
the Courts OF Rhode Island. They say that Mr. Dor,
real Governor Of the State at the time THAT the force
used BY him exercised In defence the Constitution
and laws aud against them that he who opposed the
constituted authorities was not Mr. Dom but Gov King
snd that il he who should have been indicted and
ted THIS is rather an in portsnt msieks TO be sure,
SanSy which is the Justice and which the thefr So do
our learned opponents say to us Chanse places ano
dandy which IL the Governor ana winch
The aspect Of the case therefore Is as nave 'Alo nov
ell ltmsy perhaps give vivaciiy and variety TO J"olcA
nvestisaops 1t may relieve Inc o,nossiY oi Peiusrs
briefs demurrers and pleas In bar hiis 10 equity ana an
and Introduce topics which give sprgnuness Hno
fIeshuess aud novelty TO courts Of law.
However imposs Die IL may be, and suppose II TO b.
Wkoly impossible, that you should take Judicial eosni
the questions which the plaintiff has presented 10
tbs Court below, yet 90 not tnk II uaale. VI
that the has come hitler IL ssd and Truly sac
that the involves The confederation and discussion o.
what are the true principles Of Government in AmeI
can System Of Public Liberty THIS very nsht IN
does involve these questions and harm can never
come from their discussion e'leciay when suen u'.us
sion addressed to reason aud not to passion II i
had before and lawyers and not before eNeeo
masses out OF doors agree enthey that We Ease us
considerations some hat extensive OF the true omar
although constrained to disr from the learned conn'
sci who opened the cause for the plaintiff 70 error on thr
principles and character OF that American biberty-unon
the characteristics Of that american system on whcH
change. OF the Government and Constitution II they be-
this case does present them for consider alton. .
Now there ~e certain principles o. puehe hoeIy
which though do exist Ia all forms OF govern
mept exist nevertheless 10 some extent In different forms
Of government The protection OF lie ana p,oIst ins
principles Of public liberty existing n thelr best ion
In The publican Institutions Of hs county but 20 th
extent mentioned, existing In the Constitution Of Enl
lard Our American Liberty allow me to say therefore
has an ancestry a pedigfee a history Our ancestors
brought this Contneut ali thai was valuable, 10 men
Judgment IN the political institutions % Eusiaac and isl
behind them all that without value OF that was op
ectionabs Durng the colonial period ancestors
closely connected with the co onia system pni thsy
were Ensishmtn well os eOonsis, and took an inter
est IN whatever concerned the mother country especially
all great Questions Of public liberty Ia that country
There interest in the Revolution OF 1850
The American Coonists had suffered from the Tyranny
Jane. the Second Their charters had been wteslea from
them BY mocseres Of law and by the corruption OF judges
The CITY Of London aud In no part OF England ws there
more eradication resolute feeling when James
colonies All thai Massachusetts, immediately over,
what had been done under the rsga OF James aad
took possession ofthe colonial ioi IN the name oil The ne"
Kns r,,,
Declaration Of 776 they departed from the political max
itns and examples Of The mother country ana entered
upon more exclusively American from tASt aey
Throush The psnod OF the Declaration Of Independence
Of the Confederation o the Convention, and the adoption
the Constitution al these are records out OF whch ou
system Of American Liberty 10 70 DO drawn.
Frum the Decl oil lndependeners thc U'Feiu
eIts cf hat had been Colonies before, were adapted 10
their new condition. They no longer heia ahr- auee
crowned heads No bound them 80 hus sna Inc
system becsuie entirely popular and al isss.a.,.s 40
constitutional provis had resNrd to this new peeana
American character which they assumed Where me oI,
Of Government was already well enough they LET alone
Where II wasnecessary, they reformed " VIVA
more Throogh the whole procs ediog, from 70 10 the
latest period the whole course Of American psoHc -
the whole progress Of this American system was
by peculiar conservation Their Cd -st 70 DO ~h.
necessary, and no more and 10 do that win the Ut
Now without going nto historical details at length, let
me what understand the American principles 10 be
Frst and chief males question that the People
Are the Of all political poser Government i' IN
.uted for the good and IL members the sgents and
servants lie who would argue against ths must argue
without adversary Ana who thinks there Is any pc
euar m, In asserting doctrine like that IN the mds
OF twenty millions OF people, when nineteen nallous
uinety nine thousand noe hrnd ed and
ninety-pne oil them hold Il well himself There l.
no otS.r doctriDe of Government here; and man Inn
putes 10 another and should CLAIM loI huseh ay
peculiar for asserting Whist everybody kno"s "
true and nobody denies Why. where else can We tVs
but u The peopie Tor potcs po~er nc Popois eoNsn
ments We have 10 hereditary Executive. no hefeo.Ai9
br.nh a The Legislature no inhsrGnce OF great masses
Of property no system Of entails, long trusts 90 loas
family settlements prfmcs enture Every cstao pa '
county from richsst 10 the poorest 10 0lsded zno
sons aud daughters alike Alienation Is made as ras) =.
possible every where the trsnsnissibty Of properly -
made perfectly the whole II arranged - a.
prOdoc far As unequal industry and enterprise req
der u yO.sble universal equsty among mcn, an equa
ny Of rights ALSO ury and equality Of coalition So u
the different characters Of Individuals will allow sue
oqusty 70 be produced lie who considers that there
may BE- has BEEN since the Declaration Of lnde
pencence anybody who looks toAny other Of power
In this county bat the People 10 give them pecos
no camor loudest in its assertion mus b. out Of
hs mind more than D0n Quixotte Was. His iDag.
nation only perverted lie thiofs not ~ they
Tie wnomils. and took them 20 be armed me
-knights on horseback This wss bad enough bat who