The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-11-21

ARKANSAS AND RHODE ISLAND.

that custom.
AND RHODE ISLAND.
Special and associated press kilograms
from st. Louis credit Judge Poland with
saying that parallel case to Arkansas sis
" found In the occurrence which gave rise |
d" to the Dorr rebellion in Rhode Island, |
" over a quarter OF a century ago. At
" that time Rhode Island .stll based her
" legislative enactments on the original
-" colonial charter, granted by the King of
" England, which, of course, made pro-
" visions for the calling of constitutional
" conventions. A faction of the people,
" however, determined to submit the ques-
" ton 10 the popular vote, as to whether a
" constitutional conyention should be held.
" The majority voted afllrmatively, and the
" assemblage convened and prepared an In
" strument under which an election was
"held, and the Dorr administration elected.
" The right of Dorr to the governorship
" was holly disputed by the incumbent UNI
" der the colonial charter, the matter was
taken to the United States supreme court
" and the new constitution de clared invalid.
" ID )rr was tried for treason, convicted and
punished by a term of Imprisonment"
The conclusion is reached from these prem
Uses that the Garland administration does not
rest on a solid basis. The conclusion
might be correct if the premises were true,
but, unfortunately for Smith, they are not.
Before proceeding further, we must be per-
mitted to remark that we can hardly be-
lieve Judge Poland ever said what is at
politician prepared to go at any lengths.
He certainly could not have remembered
that he was lawyer and once a chief jus
tice of court OF last resort.
The grounds upon which this compare
son is made, this parallel formed, are thus
stated This instrument that is the
new constitution of Arkansas" Judge
Poland explains was conceived and adop-
ted in very irregular manner The old
constitution provided for amendments
" only, and prescribed a method for their
adoption which directed that amend
"ments must be submitted and voted upon
"by the legislature at two successive terms,
{" and approved each time by the proper
majority, before said amendments should
"become part of the constitution. No
"power was delegated to the general as
sembly of the state to submit the ques-
g ton to the people, whether or not they
would hold a constitutional convention.
Thus it appears that the action of the
Arkansas legislature in the premises was
without authority and wholly irregular. y
How so. pray tell us, Judge Poland ?
We need not now inquire intc the question
whether or not the new constitution of
Arkansas was legally adopted and is now
the organic law of that state, as we suffi-
GENTLY considered that question yesterday
morning. Upon the facts stated, if the
constitution OF 1874 is not the constitution
| of Arkansas, then Massachusetts, Maryland
and Pennsylvania are without constitu-
| tions and the state of New York was for
many years, if it is not now. similarly stu.
ated. The matter of the cOns,tulionaity
of laws enacted in pursuance of these ''un-
constitutional constitutions as the judge
would call them--has been many times
before the highest courts of the states
mentioned, as well as before the supreme
court of the United States, and no lawyer
OF jurist has ever presumed to call in ques
| ton the validity of such constitutions or tc
pronounce them unconstitutional" Blu
upon the facts stated, there is no parable
between the situation in Arkansas and thai
| of Rhode Island referred to. The difficulty
with the "Dorr constitution" so called, a.
every lawyer or student of history ought
to know, was not so much ''irregularity'
in its adoption, as the fact that it was sub
mitted to and voted on by persons not lega
voters. The charter provided, as does the
present constitution of the state, for pro
perty qualification of large amount il
order to entitle person to vote. ''Dorr,
| constitution was never submitted 10 Oh
acted upon by these illegal voters" bu
was directly submitted to all male inhabi
tants of the state over twcnty-one years O.
age without regard to the question wnethe
they were illegal voters" or not. Thi
made all the difference in the world, ant
it was, mainly on this point that the "Dor
constitution" was pronounced not ''uncon
stitutional," but no constitution at all.
will take an altogether different and non
existing state of facts to make the presen
situation of Arkansas parallel to that o
the situation in Rhode Island at the tim
mentioned. If, however, any politician
thinks he can make capital for himself o
the party in such an effort we wish hin
joy in the attempt, while we pray that tn
President and the party may not be &c
coived thereby.