The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-10

restriction upon the right OF sunrage. Memorials
were addressed to the Legislature upon this subject
urging the justice ana necessity OF q more liberal
and extended rule. But they failed to produce
the desired enect. Thereupon meetings we're held
and suffrage associations formed to continue the
agitation OF the question. In the meantime Dorr
was elected for 1ve successive years member OF
the Legislature and exerted himself behalf Of
the popular cause. In 1886 his movement for re-
form Obtained In the Legislature only seven out Of
seventy votes. The agitation finally resulted in
the
ELECTION OF A CONVENTION
TO form new constitution to be submitted to the
people Tor their adoption or rejection. This con-
vention was not authorized by any law OF the ex-
lstlng government 1t was elected at voluntary
meetings and by those citizens who only favored
the plan OF reform; those who were opposed to 1t,
or opposed to the manner in which It was proposed
TO be accomplished, taking no part in the proceed
ings. The persons chosen delegates came together
and framed constitution by which the right OF
suffrage was extended to every male citizen over
twenty-one years old, who had resided In the
state one year. 1t received $4,000 votes. clear
majority OF the citizens OF the State. The Conven-
ton declared the instrument the paramount law
and constitution OF Rhode Island. 1t communi-
Gated this decision to the Governor (King) under
the charter government, for the purpose OF being
laid before the Legislature, and directed cleo
tions to be held for Governor, Members OF the
Legislature and other officers under the new con-
stitutlon. These elections, accordingly, took place.
Dorr was chosen Governor and q Legislature,
composed exclusively OF his supporters, was
elected to meet In Providence on the FIRST Monday
In May, 1912. The charter party also held legal
election for state officers, polling $500 votes, while
the Suffrage party claimeu to have pOlled 1900.
MARTIAL LAW PROCLAIMED.
The charter party denounced all the Convention
business az sedlnous; the Legislature passed
resolutions declaring all acts done for the purpose
OF imposing the constitution upon the State to be
an assumption of the powers OF the government
and OF the people at large, ana that 1t would
maintain its authority and defend the legal rights
OF the people. In adopting these measures it was
sustained by q large number OF citizens claiming
to be majority. But. notwithstanding the deter
mination OF the charter government to maintain
its authority, Doris government attempted. May
8, TO organize at Providence ana seize the reins Of
government. The charter government which
assembled the same day at Newport, passed an
act declaring martial law, and proceeded to call
out the militia to repel the threatened attack and
to suDdue those who were engaged In it. The
| critical state was brought to
THE KNOWLEDGE OF PRESIDENT TYLER
by the public authorities OF Rhode Island. In re-
| ply TO the requisition Of the Governor the Pres
ident stated that he did not think it was yet time
Tor the application OF force, but he wrote letter
to the Secretary OF War in which he directed him
TO confer with the Governor OF Rhode Island, and
whenever 1t should appear to them to be neces
sary to call out from Massachusetts, and Connecti-
cut militia force suf1cient ITO terminate at
once" the insurrection by the authority OF the
| by the Executive as 1T Ito be suppressed On
May Is portion OF the suffrage party assembled
| at Providence under arms, and attempted
TO SEIZE THE ARSENAL,
but dispersed at the approach Of Governor King
sn nnr 'ay ey again n 70
pachet ten miles from Providence, but being at
lacked by the state forces they dispersed without
the Suffrage party to establish the new govern.
ment Dorr took refuge In Connecticut and alter
offered for his apprehension. An Indictment Tor
| high treason was promptly presented against the
Brought to trial IN 1874 before ali the Judges OF the
Supreme Court Of the State, Chief Justice Durlee
presiding. He was convicted ana sentenced to
according to the laws Of Rhode Island. The charge
OF the Chief Justice to the jury defined with great
:, questions arising In contested election cases.
| WHAT Is LEGAL MAJORITY OF vOTEsY
lieved himself to be the Governor OF the State and
that he acted tnroughout uncer this delusion.
e. sa ns
fence for the violation OF any law for the defendant
to come into Court and say, Il thought ! was nut
on the ground OF mistake" We're 1t so there
would be an end to all law and all government.
for justincation was that constitution had been
| adopted BY majority OF the male adult popula-
raj capacity or condition, and that he was sub
sequently elected and did the acts charged as
70 u It's aaopon a ssy
were also to be followed by proof OF his
Courts and jurtes do not count votes to determine
| whether constitution has been adopted or o
Governor elected or not. Courts take notice.
stltution ID or was, or who 10 or was Governor OF
| their own State
to exercise this high duty. 1t Is the Legislature in
the exercise ofits delegated authority that counts
the votes ana declares whether q constitution be
| adopted Governor elected or not, and we
cannot revise or reverse their acts In this particu
lar without usurping their power. Were the votes
adopted, or those given for Governor under it
could pi01 not receive the evidence We
could not permit Recans to pass TO az the jury
should cease to be mere judicial, and
become . political tribunal. with the whole
sovereignty In our hands. Neither the people nor
| be sovereign, or you would be sovereign and we
should deal out to parties tigant here at our Bar
sDa aws our own making and na
! known In courts. In what condition would this
country be If appeals could De thus taken 10 courts
/ and juries ? This jury might decide one way, and
that the other and the sovereignty might be found
here to-day and there tomorrow. Sovereignty Is
above courts or jurles. and the creature cannot
| strument onered as the constitution Of foreign
/ State we might, perhaps, under some ctrcum-
stances, require proof OF Its existence; but even
In that case, the TACT would not be ascertaned by
counting the votes given at Its adoption, but by
the certificate of the Secretary OF State under the
| broad seal OF the State. We know nothing OF the
existence Of the s0-called Peoples constitution as
law, and there is no proof before you OF its adOp-
| ton and oil the election OF the prisoner as Gov
ernOr under It and you can return verdict only
on the evidence that has passed to you.