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


should deal out to parties litgant here at Bar
sovereignty to this or that, according to rules
and laws OF our own making and heretofore nm
known In courts In what condition would this
country be II appeals could De thus taken 10 courts
and juries This jury might decide one way, and
here to-day and there tomorrow. sovereignty is
above courts or juries. and the creature cannot
SIT IN Judgment upon its creator, Were this in
State, we might, perhaps, under some ctrcuIn-
stances, require proof OF Its existence; but even
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
law, and there Is no proof before you OF It's ad0p-
ton and 81 the election Of the prisoner az Coy
on the evidence that has passed to you.
SUBSEQUENT LEGAL PROCEEDINGS.
An application was made BY some friends to
Tor writ Of habeas corpus, on the ground
that the conviction was unconstitutional II
was refused on the ground that Dorr was
subject finally came before that exalted tribunal.
The house OF q man named Luther who was en-
Ken into by q body OF Charter adherents, in order
to arrest him. he sued IN the United states CIR
cult Court, and the Jury, under the ruling OF Judge
appeal was taken to the United States supreme
Court. Daniel Webster, In his argument ior the
OF overturnina existing State governments.
UNITED STATES AND STATE GOVERNMENTS.
It becomes Important, ne Salu, 10 CONSUMER wnat
bearing the constitution and laws OF the United
Statcs have on this Rhode Island question. The
constitution says that 1.-The United states snail
guarantee 10 each State republican form or
Government and shall protect the several states
aQainst INVASION; and on application OF the Legs-
lature, or or the Executive, When the Legislature
cannot be convened against domestic Violence"
Now / cannot but think this Is very stringent
article drawing alter It the most important conse
Guences and all OF them good consequences The
cnnstItuton speaks oil States as having existing
Iegelatures and existing Executives; and It
apeaks OF cases In which violence Is pract1sed or
threatened against the Statc-ln other words,
domestic violence"-and It says the State shall be
protected 1t says, then, does IL not, that the
TuE EXISTING GOVERNMENT SHALL BE PROTECTED.
The constitution docs not proceed on the ground
OF revolution IL docs not proceed on any right OF
revolution: but II does go on the idea that within
and under the constitution no new form OF govern
ment can be established In any State without the
authority OF the existing government. 1t had
been argued that there was an existing govern
ment, a paper government At least. suppose iC to
have been rigntiul. Suppose three-fourths OF the
people OF Rhode Island TO have been engaged in il
and ready TO sustain IL. What then How Ia it
to be done without the consent OF the previous
government How IL the fact that three-fourths
OF the people are In favor OF the new government
10 be legally ascertained 7 And n the existing
government deny that iact, and n that
STATE GOVERNMENT WILL NOT SURRENDER
till displaced by force, ana II 1t Ia threatened by
force, then the case OF the constitution arises and
the United States must aid the government that ID
In. because an ATTEMPT TO displace . snvapnmani