The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-01

"
the paramount Law Of the State"
II would puzzle Mr. Hale, one more profoundly inn
bued with constitutional and fundamental principles Of
popular government TO any one Of the doc
trlnes contained in these resolutions We do under
stand Mr. Hale 10 dissent from them but adducs them
as proof Of Inconsistency the part Of the President In
anticipation of Mr. Hales speech the editor of the Boston
Post had made so conclusive reply the charge
by some ether aboltonis that adopt il without fur
Their comment and present il complete yindcaon of
the consistency of the Presidents course
s From me Boston Port
| KANSAS AND RHODE ISLAND.--WHAT is TREA-
son AND RESURRECTION IN A TERRITORY
When the people Of Rhode Island attempted TO alter their
old charter government In is42 the wing presses were
wont TO treat it as the Dorr rebellion We regarded 1t
as the exercise Of the inherent right Of the majority of the
people Of State peaceably alter their form Of govern
ment Our old opponents in the Rhode Island question
furiousy in favor OF the Robinson rebellion in
Kansas, and stimulating the fanatics Of the North
aid the insurgents and bring civil in the Terri
tory If we wrong then and they right they
tainly wrong Buff right then they are
suredly wrong now. The entirely distinct in all
the fundamental principles applicable sovereign State
in formation of its internal government under the cons
tuition of the United States State does not 60 to Con-
gress sanction its constitution. When makes or alters
constitution that becomes the supreme law and the only
conflict that arise is whether the State has changed it's
old constitution and made organic law. That was
the Rhode Island question: and nobody denied the right Of
the people The denial of the mode in which they
bad exercised that right and whether in fact the govern
uent had been changed and recognised by the political
power.
But the people of Territory cannot establish an indie
pendent government under the constitution and elect off
and legislatures under it, while the territorial govern
ment is in operation The Territory step of its
minority until Congress admits the Territory State
such frame of government the people of the Territory
desire to live under State The people Of the Ter
ritory propose constitution but they cannot make
State.
Kansas is in that state of pupage, and the only rights
she has as political community under the organic law
of Congress. By that law, and not by mob law the Pres
dent and Senate of the United States appoint its Cover
and other officers and the inhabitants elect their delegate
and legislature 1t must be done under that law or it
be done at ALL and If get into the legislature
by fraudulent votes and bad laws made they be
submitted to the courts to be set aside according law
The people of Territory, repeat may propose
stitution and ask admission State into the Union
but they cannot elect officers and up government
The Rhode Island question forms real legal par
sllel with the attempt of mob in Kansas without any
pretext of forms Of law and with inherent sovereign
rights State to set up government in opposition
10 the organic laws and the constituted authorities of the
Territory. Bat il it did present any parallel case then the
supporters of the instruction in Kansas douby in the
wrong for every point which they rely for us
fcation has been decided against them by the political
power of the President and Congress- and by Judicial
power of the Supreme Court of the United States.
The Rhode Island the only issue of that
which could arise in this Union All the other States
had formed constitutions since the revolution except
Rbsde Island She the ony State in which by means
of retaining her old colonial charter large majority of
her people deprived of all political rights The old
charter of King Charles which denied suffrage all but,
andhoder continued in force by an obstinate mi
nority of the people For sryGye years the majority who
did not land, tried to change 1t so as acquire
common political rights. The assembly elected by
landholders refused to extend suffrage and refused to
call convention, except only Of delegates chosen by
landhoders These met and refused to alter the char
ter extend suffrage At that me-in s42--there were
23,l42 male adults in Rhode Island who would have
been voters In any other State in the Union The whole
number oflandholders only $50 showing SO adult
male inhabitants deprived Of all political power subec,
as scr pay and do military aud hremens duties
but having voice in government than slaves The
legislature having rejected all petitions the people called
mass convention, and through regular forms provided
by that convention, delegates chosen at the ballot
box in every The convention Of such delegates made
written constitution, Submitted 1t the people who
voted for il in town meetings under moderators with
all the forms used ia the State elections aud 1924 adult
male citizens voted in the affirmative being majority Of
a7+e out Of all the adult male population Of The State
actual majority Of the legal also voting for the con-
situton
The question then raised whether this constitution
was, by the fact Of its adoption by the people the SUI
preme Law Of the State and whether Mr. Dorr who was
chosen by actual majority o. all the people
and the legislature elected under this peoples constitution
were the constituted authorities Of Rhode Island 2
The friends Of free suffrage demand that this govern
ment bad By the adoption OF the constitution superseded
the old charter Of the sndhoders ADD FOR this
applied TO independent, State they had the authority
OF The fathers Of the republic and Of Judge Story Who in
his Commentaries vol p ao5, says "tbst having been
adopted by the majority Of the people the constitution OF
State binds the whole community proprio p0ot by lis
innate power and is unalterate unless by the con-
sent Of majority" That State not Territory
This the question which went up to the Supreme
Court Of the United States and argued BY Hsett and
Clifford for the constitution and by Webster and