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

the p-opeiof be speaks the behalf Of The
ia heir Government bot by previous SCI " s
gala ionsLd n iAe lie. .a.urs viii got zran. such an
sueehe Dociosof Les bach where the assembled Sove-
that al char. Of Government must proceed
from the Sovereign ara % u SAID that max or TIE
sane rsi- iof me people Of RHODE Island
how will any msn. Nil my eoVenafy here. o. mo
ents reelection undertake show the resemblance
earth between what fave called the American doc
sra the 1octce Or The 30gereizns % LeyDsch -
What DO contend for ssy that the will Of the people
must prevail when 10 10 ascsrsined but there must BE-
legal a1o authentic mode % asceuaiuirz that will
ano then the people make what Government ey plsase
We that he doctrine Of LeJhach pray Nas not ne
doctrine there held that the ssrerga should say ~nsi
chan shall h. made Changes must coed from them.
a the pee d. j. ~ submit Tlat . what they miin
tanned Al changes began with the sovere sns and eadec
gfsss Va. 10 tie Allied Powers put t y the so-
pie a Italy LAY what sort Of change they would hsVe
CIhcow what charge hey would have 10 their COnstu-
non Or Old lnsy take sway their Consultation, Laws ana
Liberties by Their S3yeIe..n act, No All lh4i j.
necessary here t. that Tie viii Of ne people should Be a.
cersDed, By regular rule q proceedilg prescribed
by previous law But when sscertsinsd that vii = e.
sovereign IS that OF despouc pfnce-tne Czaf o. Mu-
coyy the Emperor Of Aosirs himself though not quite
easily end readily made known. ukase eoiet
SKA hes a. once the wl Of despotc prince but mat
vii the people. which IL here sovereign as the viii
Of such prince Is not 90 easily ascertaned or keown
And thence arises the necessity for suffrage which s the
mode whereby each man power may be made 70 tell upon
the Constitution Of the Government
One O. the most laws for taking the viii Of The
people any State the law Of 845 Of The state Of
New York Il begins by recommending ~ the peopls
assemble 10 their several election Districts and process
vote for delegates 10 Convention. II you viii AXE the
ps0s 10 read that act 10 will be that New re-
r.rdsd il a. an ordinary exercise Of legislative power
applies al the penalties for fraudulent voting 10 other
elections IL Furnishes false oaths a. ID other cases Cei
uhcsies Of The proper oeefs were 70 be held conclusive
and he VIII Of TIE people IN this respect, collected
essentially 10 the manner, supervised BY the same
officers, unosr the same guards against force aud fraud
sol NJ for State o. nited states officers
We therefore from the commencement Of the Gov
under which live down 70 this late act Of the
State Of New enc Uniform curslt Of a~ o. pfece
dent and Of practce al going " esa1 sh the point nat
changes IN government % be brought about BY the vii
Of the people assembled under such legislative prov,
sons nsy BE necessary 10 ascertain that vii truly AID
n the next place may i, please your tonors becomes
very mpoItan 10 consider what bearing the Constitution
and Laws Of TIE United states ave upon the Rhode lsand
question OF the Consultation Of the Luled sta es
recognizes the existence Of States One branch OF the
LegsstUre Of the nsd States Is composed OF Senator'S
appointed BY the States In their state capacities Tie
Constitution Of the United States (Ari ~ ~ says that
the United States shall guarantee each state TepUb
can Jfm o. Government and shall protect the several
States s.anst INVASION and the application Of the Lee
gsaure Of the Executive when the Legislature can
be convened, against domestic violence Nov can
not but think this very stringent article drawing after
the mpOrant consequences and all good consequent
cys The Constitution in the section cited spezk Of states
ia pg existing Legislatures and existing Executives and
speaks Of in which violence IL pracced or threa
ened against Inc state" domestic violence " aud itssys
the shall be protected II then does It not that
the existing Government OF state shall be protected
My adversary II 90 and Il the Legislature would not
a
Constitution the United States step 10 and prohibit them,
why the rights and privileges Of the people are checked
proceed on the ground OF revolution 70 does not proceed
on any revolution but Il does the idea thai
within and under the Consiituton, no new Constitution
can be established IN any Saie without ths authority on
the existing Government This canro help the gentle
mans arsumen! much because Lis own case tails WITHIN
the lie has proved ne thnhs tha there was
existing Government paper Government At leasi-a
dehtul Government as he alleges suppose u 70 be fsh
full suppose thIeeiourths 81 the people OF hhooe i.fIl
90 have been engsged in IL and ready 10 sustain H. what
then How It to be done without the consent Of me
existing Government Because II that Government holat
on and W not surrender TIL displaced by force and II %
threatened by force then the Of the Constitution
arises and the United States must aid the Government
that Is in because attempt 20 dspsce Government
BY domestic violence IL r. the case pfONlded
Tor bv The Corsttuton II the existing Government hold
have adorted the Constitutlon-is II not evident
enough that the exigency arises which the Constu-
tons rover here must 20 the aid Of the existing Gov
eminent Look the law Of 18th February. ll.D-in
Vol ofthe Statutes large, PAGE flf and m csseo 10
surrecton AGAINST any State againf me GoIernmet
srsof II shall be lawful for the President on application
Of the Legislature, 10 call out the militia OF other state.
insiriseldn '.~e Government be sup
pressed.
But the law and the Constitution the whole system Of
American institutions do not contemplated case ~ hkey
arise under system In which resort wll be neess
ssry 10 proceedings asnde outside OF the law and the
Consultation for the purpose OF mendng C0nsututcn-
1t goes on the ground that The States are ali republican
that they are al representative In their forms, and that
these popular Governments ia each state the annually
created creatures Of the people, will give all proper Ae
people may Judge necessary in their Constitutions 10
takes that ground sud acts on no other suPposton as
sunes that the popular will will be accomplished Ia AZ
particulars And history has proved that the presump
lion Is well founded.
Now ths is the view take Of what have called the
American System. These are the methods OF bringing
about changes In Government
Now its proper 10 look into this record and see what
the questions that presented by IT, and CONSIDER
Wh,therthe case is one for Judicial Investigation Al
athats whether this Court try ths matters when
the plaintiff has offered to prove IN the Cfent Court De-
low and
2 In the second place whether many things which he
did offer TO prove il they could have been and had been
proved were rot acts Of criIslty and therefore no JUS
bshe- all that was offered to be proved wsuld show
that in POINT VI fact there had been established aud pu
N operafion any Ne. Consultation cispace the Od
Charter Government q Rhode Island.
Tie declaration is IN tresPass The wit vas issued on
the Shot October 1884, in which Martin Lafer complains
that Iuf,r Borden and others broke into his house m
Warren Rhode Island, on the 9Th Of june lot< ana as
Tie defendant answers that large numbers Of men in
aims In Rhode Island for the purpose Of Oyefthio"lue -r
preservation Of the Government and people, martial az
had proclaimed by the Governor under az act OF TIE
T.xsature On the 18th OF JUICE, 1872 The plea goes on
10 aver that the plaintiff aiding and abeiins the a.
tempt overthrow tho Government and hsI TIE dseIe
ant was under the military authority ol Jonn el,,a,
and was ordered q arrest the planh for when purpose
he applied the door Of his house aud being refused ne
The seton s for trsspsss and the plea is justification
under the law OF Rhode Island The plea and
are a. usual in such The plea was led al the no
vember term Of 1912, and the tired AZ me NO
yeuber term OF 1915 in the Circuit Court In Rhode Island
And in order to defence the defendant onefen
The Charter Of Rhode Island, the participation Of me
STAT. In the Declaration Of Independence, s uniting win
the Confederation Ia '78 its admission into the nOn 10
30 it, continuance In the Union, and ~ continued fecOs
milton as state down 70 Msy, 1873 when the Oonsnu
tns now in force adopted And here let IL DC Patc
ulsyv remarked that Congress admitted kho1e isaha
oto The Constitution under this Identical old Charter Gov
eminent thereby givns sanction 70 10 a. Trpuoneah
Torn of Government Ald the defendant then refers
All the laws and proceedings Of tho Assembly w &c
adoption Vi the present COustitufon Of hh0dr iaAha
The defendant proposes % prove thAt itfge numoe'v
men were assembled Ia 20 destroy the OoseiAnel
that be was acting under competent military .uihsnJ ~
resi.tns them &c forth IN he plea TO fepe re
case OF The defendant the plaintiff read the Proeeedinss
of che old Legsstue and documents 10 show th.i me
dse of changing the Government haa been entertained -
long $40 A. u 1870 tie read also resolutions OF me A
seub!y az l6fl-memorias praying changes IN the Soh
stutcn &C &C tie next offered % prove that saIfass
ssocaors we're formed throughout the state 10 fV al
n. that steps were taken BY them for holding puo.e
meetings and 10 show the proceedings held thereon M
IN. ue1t place Mass Convention held az Newport
attended by over four housaud persons, and another
Prevalence which over thousand attended a. ~hicn
-,olutons were passed which were here onered linen
~ oHs-d 70 prove the election Of deeS.tes-the meeting
III he Convention October lsf, and the crains OF
Constuon. the retssemblinz IN 1871, the com pieol
of IN. draft is submission 10 the people the sonE
mon H. t adoption and the amaion on the ''n on
January 1872 hst the Constitution 80 adopted was 'le
law Of the land - - ~
plaintiff NEXT tered % prove that the Constltauon N