Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1849-01-11

Gj-The Supreme Court Of the United States
in lis veto upon Dorrism IN Rhode Island has
again established the conservative elements OF
our Government, and sanctioned them by lis
high judicial appreciation. The principle IN
volveL in Dorrism divested of legal lore, and
which the Court have, in substance, settled. .
rs that a revolution cannot peaccahly subvert
an established Government, and that party /,
in convention claiming TO be a majority, or II
legally being in majority, cannot revolution
|iZe the Government, or subvert II, and eSitab
Ilsh "a new one of their own. In order TO
overthrow an existing Government the people
must legally proceed according 10 the forms OF
law or il they attempt its subvcrslon other
wi c. they enter npon rebellion or insurrec |
ton or civil war and the shedding OF blood is
the consequence. DORIS theory was, and it
is the general theory OF the Red Radicals OF
this country, that a convention elected by a
majority of the people the existence OF that
majority being obtained no one knows how,
and never obtained at all in the Dorr case) can
peaceably overthrow an old existing Govern
ment and in its stead establish Il new one oil
its own The point that the Supreme Court
have sattled, IN substance, is that whosoever
engages in this sort of thing may be legally
Imprisoned or shot not even by the order oil
+ Civil Court. but through the summary action
of a Court Martial. All Red Republicans in
/ the United States, we trust, will comprehend
| the effect OF such a decision.
n Now the principle settled by this tie high
est Judicial Tribunal Of our land, it is very
true, is not OF much practical importance Just
now, inasmuch as Dorr is politically dead, and
as his rebellion was beaten down both at the
ballot box and in the battle field, all concerned
lin it being disgraced anl made contemplate
but it is Of high theoretical importance, never
theless, to have on record such decision If
ever a similar case arises to refer 10. II is too
much to hope that in the thirty States OF our
Union things will always 60 on so peaceably
that no fancied ma jorities OF the people, or real
maiorities perhaps, impatient of the restraint
Iloi the law, and infatuated by the intoxicaton
of power, will never attempt to overthrow
I,thcir fellow citizens by the exercise OF mere
t brute power, or by the fright OF turbulent
clamor and this too in spite OF constitution ana
llaws,-bu when, or wherever, the thing
IImay be attempted. it will be to the resisting
I and oppressed minority a source OF the great
II est qualification, and the strongest incentive to
! resistance, to remember, and to be able TO re-
a.; IL, .;,n "a, tho Rorr casp trIum
: phantIy vindicating constitutions and laws, as
they are written, and defending them against
mere popugr intoyicaton, or popular rage
Nothing better could prove than this decision,
that this is Government, not ofpaSsion, nor
of meic maiortles, but OF Laws and while
+ Europe boasts OF the conservative elements
: OF It's monarches we can more tTuthiuliy
boast OF the yet greater conservative elemeuts
! of the Democratic Republican constitution OF
' these United States.
: But let US not be misunderstood, nor mis-
J represented All power springs undoubtedly
from the people, and the majority OF the peo
pie must govern Nobody disputes or denies
that we delieve. in our country. To rcpea
e It is but to repeat an old story,-a well and u
+ Universally recognized fact But the majority
+ thus acknowledged 10 be supreme, and there
fore thus despotc, must be, in order to have
a free people live under IT. what a constitution
y \ : to manarchy, constitutional Majority
no, a majority sei-created and only self-reor
{ ganiled, not majority born of passion, anc
baplised in blood but majority known tt
'he Laws, and the Constitution, and the mi
, \ nority, and acting in conformity with the fun
d iamcntal laws of the country. Such major
lily as this, is IN this country, supreme. W.
/ ,ow dewn to it as subjects before despot
n Europe To hear is bat TO obey. If II or
+ crs our property to be taken from us an'
Y \ sold at auction, TO give 1t up. If II seperate
o Us irom our wives and children, We part will
\ hem. II 1t sends Us 10 the gallows even, w
{ \ 90 there without resistance. We are its sub
= / ects, lis slaves. But we abhor, We repudiat'
l. ill Dorr created maorites, or Dorr born Laws
= and We hope never 10 have any more o
!" them in our day.
III