Newspaper of Burlington Free Press, February 18, 1848, Page 1

Newspaper of Burlington Free Press dated February 18, 1848 Page 1
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Vol. A'Xf.... Whole No. 1077. mKIIiTCIV, PKIWAY I'HIIKUAUir 18, lSlt. IVctv Scries, Vol. a IVo. 31. Burlington -Tree JJvcos. PuMMi-d nt lliirllngton, Vt., II y 1) . IV . C . 0 I. A K IC K , .Mior fim Proprietor. Tcrmsi Tu Village oiibscriljora w ho receive the paper by the carrier, S'-,-0 If paid in advance 2,00 Mail subscribers and those who take it at the Otlice 2, It naid in advance, . 1,50 Advertisumvnts inserted onthe customary terms. 01t)IAItY AM) 1'INK ef 1Tpriilni1 nt Urn I'rnn 1rntOfTicfi " 7s1 WITH TAItf AND TTXCTL'AMTV. M. G. CC. 3f V R V 11 A iV T T A I h O U S , M G KTimt.N & Co. kcrp coniam1y on band ,i .TirnviiP nnil full :.nii,ent of Cloihs for rvrrv (lcJriiiion ot'Clntliin ; nml niv yioyircA at nil 1 lined iti supply every urutic m nit- iiuv ui wuiucinvii si m milling (loot!?. M. G. RATIIIU'.V. C. F. WARD. 13. As 3. liV.13 A. 17 iiEii.r.as in I'ngllsli, "Trench, (irrninn nml Anicricnii DRY GOODS, Wet Iticlln ('oods nml Groceries. Corner of Church and College. Sis. HUKLINfiTON IUARKKT, DT V. C. IIAnniHGTOH, MEATS, llSir, ASP VlUijyi'AlllilJS, rf every variety, Lahii, T.u.i.ow, C.vMH.rs &c. At the Corner of Cnirrli nml College Streets. JOHN BRADLEY &. CO., in Ai.tr. l.v vonr.ics am) a uniircAX nios, Sled, rut nml Wrou-tlil N'niN, Sp.'kcs, Sheet Iron, 'I'm, Sh-ei .inn, Shot, Lead, 23 cp (Broctrfrs, Jf louv, .Salt, Fish. Plaster.' Points, Oil. Ihjc.xroods, Tor, Pitch, Jiosin, U'tnduic (Van, I'iz lion, Oa.&ir Mill Stoiirs. Uniting Cloths, t. V, SOUTH WHAT. I'. LIVERY STABLE,3!ja Ah V'.P' iiT.Arifs.uirii siior, AMI Uy S. S. SKINNER, - - M.VJ S'lildlc, Harness nn,l Trunk ?Iiintifnclnrcr. y.'ust iif Cuinl-hMse S;jf. LIVERY STABLE, ELLIS AND CHURCH, C-'llee tilrcil. Yil- j J. &. J. H. PECK Si. c o. , wiioi.tsAi.i: nr.AU.ns PA1XTS, OILS, (1IASS, XAU.S, Ilrads, I'orcign anil Amciicim Iron, Steel, Win Iron, Coal, Tar, Hailing Cltth, Ping anil Carcmlish To- bitCCO, rtiOJIR, nml I'oreian nml Western SALT. Agents for the sale of Tairlnnk's Seale, Adam 6. mill's llurr Jlill-Slolies, Lorillard's Maeeohoy and Tick, r II. I'KK, ! ICS J'. rEt'IC, ) r,- rj"0ien .nnn s"i',i ion Cljtfwing '1 uhaccu. JKII.V Cassics Ou the ftiinre. College st. 43. fF ; .STAiVIFORU As Co. rjni.Er.s in rAxrv Axn statli: n r v ?7T ' r win i,iiai ihjmi " b In k .Mulling, Kns. VJmr Oil CVfJfi, Ui'ii(7ni' Shades, Paper hang- t'jjrrs. I,ni,lins (Hansen, f all sizes, l'lowlns'lllne.T.ishtllliie nml Wlilto.tirnnlte W AHIJ also, China and Glass Ware. Gm)CCKir, l'uits, llUFFAto Honrs, etc. Church Street. Stroll?, UoJt:31c Ss Co. DCAI.r.r.s. IN IICAW AND S11F.I.F , Turrit Cnili't-v. Snilillerv. Ale- ffTA RD VjARtJ chanic'sTools.llouse l'in- tJ isliinc, Nails, Class, Win- dow r!is,. Iron. Steel. Tin Vlate, Sliert Iron. Wire. paixts, on., pwun, sat.t, pi.Asri:n, fJrinil SKines, Pry tiroceiics. A: p. General Agents an I Commission Merclianls, A. Tiio.Mrso.v, ) Kastrside Court House Square, w. I., stboxo .,,, ii. it. nooMTTi.E. ) Church and Collcgc-stm. . ;i:oit;i: im:ti:kson, ri'vtxn is DRY GOODS, Crockery, Plow, Soil, Plaster, 11 inw Sash, (-lass, It cadi .Maiih Ci.oTinsn, Together with a large variety of other articles. iir.sT nojrt Nur.Tii or Tiir. court house. It. HATCIli:i,l)i:n'S POT !tl BOOT ASP SUOJ: .S"V'0;j;j,l1,oorLear,and,iiii7iirimy.whichistlieJusticc, t1!" churcli-stiert. land which tho thiol ?" So do our learned op- Kew York. Huston, and Parwell's nnnniits sav to lis : " cliaiiL'O nlaces. nod. lunula jLiKlic and rJcuilenifiiN H""''"' 'of every description and stvle, constantly on hand. Store Isi ' iloor north of hirelifs, and ilhectlu ; , jiile V. Kern's, near lloicnrd's Store, Chuieli St. 7fim 0ALVI. li. KD WARDS, r-ooKsui.ixn n statioxp.i:, Constantly for sale a general assortment of SCHOOL, CLASSICAL, AN'1 .HISCHLLANKOUS HOOKS. The Ciicai- I'uci.icatioxs, Hhvk IIookh, SrA Tiosi.r.v, .Mr.nic.vi. Hooks. Xci J, I'ifkV Iluilillii'.', follrge.J. oZL. C. Aclkhis -- msonn, papuu uvi.nn, RLANK ROOK HIAKER. In the Vice I'rets Uuilding, College Street. c. -v. niiinv, Chair am) Caiunkt .MAMTAcTrr.cn, M' Two Doom Smith County ir&'. Ciancu Sr., UuauxaTox, Vt" All kinds of woik in the above line made to order on the shortest notice. I. S1IDRW00D & CO.'S AVCTIOS ASD CDUMIS-SIOS STORP., Wi:st Siiie SyfAiin. Constantly on hand Cabinet I 'umiture, Chairs, Iok ing tilasM, .c. "amos c. spear, . A;iic'ary and BiMiris(, TKA IjUU ix I'atkxt ami Tiiomi'soxiw Jl Medicines, Chemicals, Surgical ond Dental In uruiueiits. Mineral Teelh, Toils, Leeches, Trusses, Mineral Waters, llrujsi't'a (ilass Ware, Brushes, l'erluinery. Soaps, Dyc-Hudl", Cainphcne, Inks, liluck ings. Sec. Alc. Church street, Ilurlington, Vt. J. MITCHELL, Mi: n a Ji a st tail on, iw Ceiienil ltcadyOliido Clolliiug Slore. Church Street, llurliiiEton. Vt. Bvni.isuTos auiucvi.tvuai. lV.ii'i'lioiiso and Sttftl Ml ! iiy .f. s. i'i:nt('i:, ' rsi. Constantly on hand n large assort- ineiilol l'uriuing Ptensila.tJnrili ii iiiipivuieiu?, i jeiu, iiurueu aiu. l'lowcr .Seeds. ALSO. DP.ALP.I! IN STOVP.S, STOVr. rlTK, TltlMMlX'IK ASII IIOI.I.OVV-WAKE. COLII1.F. PTHEET. II AGAR & ARTHUR, Dealers iVmlwnnt. Drug', mints, Oil', )T.Slnl!;';l1,,lly U great questions of public liberty nmXna"''"'Ac.c in hat country. Thereforo they look an interest .on!.r.ri or nu Kit m roi.i.uir stkehs. From the Weft .Terseyinan. Tin: .iiaonktic Ti:r,i;cKAi'ii Along the smoothed ami slender w ircl The sleepless heralds run Fat as the clear anil living rays Cm streaming from the hiii : No peals or Hashes heard or seen Their wondrous Might betray, Anil yet their words are quickly fell In cities far away. Nor summer's heat nor winter's hail Can check their raipd course ; They meet unmoved, the fierce wind's rage, The rough waves' sweeping loree : In the Ions; night of rain and wrath, As in the hln.e of day. They rush w ith news of weal nnJ wo, To thousands far away. Hut fabler still than tiding borne On that electriecoril, Ki" the pure thoughts of hint who loves The Christian's hie ami Lord, Of him who lauiiht in sin les and tears With lervaut lips to pray, IMaiiiinins high converge here on earth Willi bright worlds lar away. , Av ! though no outward wish I. brcath'd, Nor outward answer civ en, The sighing of that himiblc heart Is known and telt in lleaen : Thoe long irail wires may bend and break, Those lew less heralds stray, Hut l'aith's least word shall reach the throno Of (iod, though far away. Tin: isiioih: islam qui:stio.v. M. WIJIISTUK'S SPCIX'II O N T II K 1) OKI! I X S V 11 It E C T I O 2 . Mr. Wrn-iTrn said there was something novel and exlraorditarv in the rase now before the Court. It is nut such a one as is usually pre sented, all will admit, for judicial consideration. It is well known that in the years laH ami 18 12 political agitation existed in Ilbode Island. Some of tho citizens undertook to form a new conMitiilion of government, beginning their pro c cding toward that end by meetings of the people, held without anthoiitv of law, and con ducting those piocctdings through such forms as led them in 13 It! to say they had established a constitution and a form of government. Tho previously exi-ting, and then existing, govern ment of Rhode Island treated these proceedings as nugatory, so far as they went to establish a new con-titiition, and as criminal so far as they proposed to confer authority upon any persons to interfere with acts of ihe existing govern ment. All will remember that the ftatc of things ap proached, if not actual conflict between men in arms, at least the " perilous edgo of Kittle." Arms were resorted lo, force was uted and greater force threatened. In June 181 J this ngitatinn subsided. Tho new government, as is called itself, di-appearcd from the scene of action. Tho former govern ment, the charter government, as it was some times styled, rcassiimed undisputed control, went on in its ordinary course and the peace of the state was rostorcd. lint tho tiast had been ton serious to bo forgot- icn.-i lie i4egi-ia uro oi inc state nau.aiaueariy stage of the troubles, found it necessary to pass "t"-- " '. "." i 7.""" : . criino of treason) as well as smaller oflenccs, IICI ,11 Lltl. V IHUWLlllllIi M. -.1...... ...w and declared martial law. Gov. King proclaim ed the existence of treason and rebellion in tho state, and declared the stale iimlcr inarti.il law , . , , i .i , , Tins having been .one, and the eplicineral government ol Mr. Dorr having disappeared, the grand juries of tho state found indictments against Ecvcral persons lor having uisturiicu mo peace of the state, and one against Dorr for trea son. The indictment against Dorr came on in the Supreme Court of Rhode Island, in 1811, belore a tribunal aunuiteu on an nanus to ue me legal judicature ol tho state. He was tried by ajury of Ithodo Island, above all objection, and 1 alter all challenge. J5y that jury, under tho in-! si ructions of the Court, he was convicted of trea son and sentenced to imprisonment forlife. Now an action is brought in Courts of the I. S. and before your honors by appeal, in which it is attempted to prove that the characters of this drama have been oddly and wrongly cast, that theie has been a great mistake in tho Courts of Ithodo Island. They say that Mr. Dorr, in stead of being a traitor or an insurrectionist, was the real Governor of the stato at the timo ; that the force Used l y him was exercised in defence of the constitution and laws and not against .1 t i i .1 .. mem; mat ue who oppo-cu me cciihiiiucu an-, tliorilies was not Mr. orr, liut Gov. King; and that it was ho w ho should have been iodic od j n ,l trim ' I 11 s I s M t inr :l n 1 in nnrt ;i lit i..it i t-n , , ... ;f i. .... ..I'lian.rn ohms " u is tho Governor and which tho rebel f The aspect of the case, therefore, i, as I have , said, novel. It may perhaps give vivacity and variety to judicial investigations. Jt may re lieve the drudgery of perusing briefs, demurrers and pleas iubir, bills in equity andaiiswors, and uitrodiico topics which give spriglilliucbs. and freshness and novelty to courts ul law. However impossible it may bo, and I suppose it wholly impossible, that you should take judi cial cognizance of the questions which tho plain tiff' lia. presented to the Court below, I do not ,1.1. .1- ! n l,n- ..C tl.nt ,1 como hither. It is said, mid truly said, that tho ..... A I .. ..., i . .i.ii.. l.V. in. I. s . a 'l .ll,i;( ll.uil nsiUIII 1I Mllllll IIUUIl. Ills IB very right. 1 Ho case does Involve these ques tions, and harm can never como from thefr dis cussion, especially when such discussion is ad dressed to reason and not to passion, when it is hud before magistrates and lawyers, and not be- loio excited masses out ot doors. 1 agreo en tircly that tho raso does raiso considerations. .' ; ' n .!.... r.l. . - 1 .. ' though I am constraincd to differ from tho learn ed counsel who opened the cau-e for thu plaintiff' in error, ou tho principles and character of that American liberty, upon tho characteristics of that American system ou which changes of tho government and constitution, if they become ne cessary, aro tu bo made, yet 1 agreo with him that this case docs present them lor coiiiideia tion. Now thero aro certain principles of public lib erty which, though they do not exist in all forms of government, exist neverthcloFS to some extent in different form? ol government. Tho protection of life nml property, habeas corpus, lri.il by jury, tho right of open trial, thcsuaru principles of public liberty existing in their best form in the republican Institutions of this coun try, but to tho extent mentioned, existing in tho constitution of Kngland. Our American liberty, allow mo to say, therefore, lias an ancestry, a edigrco, a history. Our ancestors brought tu this country all that ivu valuable, in their judg ment, in tho political institutions ol Luglaud, and left behind them all that was without valuo or that vva3 objectionable. During tho colonial perit'U our ancestors wero closely connected with tho colonial system ; but they were Kit glishtnrii as well as 'colonists, and took nn ill- wren in whatever concerned the mother country, I'.lulnl.. II .. :.. -II . .. .. ivvwuuoii ot iu38. j no American col. unlet had suffered from tlio tyranny of James ic and hereditary branch of tho. legislature. In Ihe Second. Their charters had been wrested process offline- Ihrso knights and burgesses as from them by mockeries of law mid by the enr-sinned tnoro and more a popular cli trader and rupticm of judges In Ihu city of London, and in , became tho jiiiardiniu of pontilar richts. Th" no part of Kntrlnnd was there more pnitilicatioti ( people throiili them obtained protection cyainl or a more reso uto too ti". w ion . nines arnica- ted and William came over, than in the Ameri can colonics. All know that Massachusetts immediately overthrow what had been dono under tho rcijrn of .lames, and look possession of the colonial fort in the name of the ncwKin. When tho United States separated from lln sjland by the Declaration of 1770, they depaitcd from the political ma.imt mid examples of tho mother country, and entered upon a course more exclusively Amciican. From that day down, our institutions and our history relate to our selves. Through tho period ol the declaration of independence, of the confederation, of the convention, r.ud the adoption of the constitution, all these are iecordu out of which our syttent of liberty is to be drawn. I'mm the Declaration of Independence, the ffcNcrnmenis oi wini nail liccn co.onics uciore were adapted to icir new condition. Thev no longer held alleiriance lo crnwucd heads. No tie bound them to Kngland. Tho whole system became entirely popular, and all legislative and If this lie so, then follow two othcrgreat prin constitutional provisions had regard to this now, J ciplis of the Amciican system, peculiar, American character which they as- j, The lirs' is that the iight ol suiTrago shall sumcd. Where tho form of (lovernmenl was ,0 guaidcil, protected, fcciiiciI against force mid already well enough thev let it alone. Where it was necessary, thev reformed it. What was valuable they retained ; what was essential they added, and no more. Through the whole pro ceeding, from '7fi to the latest period, the whole course of American public acts, tho whole pro gress ol the American system, was marked hy a peculiar conservatism. ' Their object was to do what was necessary, and no more ; and to do that with the nlnio-t temperance and prudence. Aow, without going Into historical details at length, let me slate what I understand the American principles to be on which this system rcst. 1'irst and chief, no man makes a question that Ihe people are Ihe source of all political power. Government is instituted for their good, and its members are their agents and servants. He who would argue agiin-t Ibis, must argue with out an adversary. And who thinks theie is any peculiar merit in asserting a doctrine like that, in the midst of twenty millions of people, when nineteen millions, nine hundred and ninety-nine thousand, nine hundred and ninety-nine of them, hold it as well as himself ? There, is no other doctrine of government here ; and no man im- pt.tcs to another, and no man should claim forihnt it is another nrincinle. emiallv true and himself, any peculiar merit for asserting what j certain, and according to my judgment of things every body knows to bo true, and nobody denies, equally important, lb it the people often limit Why, where else can wo look but to the people themnltcn. Thev set bounds to their own pow for political power, in a popular government I ,,r, 'J'hcv hive rlio'cn lo scenic tho institution' We have no hereditary Incentive, no hereditary 1 thoy establish against the sudden impulses of branch of tho legislature, no inheiitanco of great ,nerc majorities. All our Institutions teem with mas-es of property, no system of entails, no long J instances of this. It was their great concrva trusts, no long family settlements, no primogo- iue principle, in constituting forms ofgovvrn- nitnre. I'very estate in tho country, from tho richest to the poorest, is divided among sons and daugh- teis alike. Alienation is made as easy as pos- j siblo ; everywhere the transmissibility of pro-; v ia m.lJe rcrroctv (le0 . ,le uliole system .- j s0 a t0 p'rotltice, as far ns unequal iniiiisiry ami cmernnse renuer ii possniK'. a u, .r,J!ll t(t. vcjvii! equality among men, u equality of rights absolutely, and an equably of condition sn far as the difl'oieiit characters of individiitils will allow such equality to bo produced. Ifavvho consideis that there may be, is, or ever has"litcn, since the umi ...i-i ..i.., ... v.v. .... ..w .., n.v. j)CPiiirali0 fJf Independence, anv.body who looks ml. , onm.t ier source of no werin this country hut the p?ople, so a to give them peculiar merit who clamor loudest in its assertion, must bo out of , ins inind even more than Don (iinxotto was. His imagination was only perverted, lie saw things nut as they were. Ho saw w.indmills, and took them to bo armed men knights on hor--chack. This was bad enough, but who ever says, or Fpcaks as if ho thought, that any body looks to any source of political power in this country but the people, must have a strong er and a wilder imagination, for ho " gives lo oiry nothing, A local Jialutalioii and a name." lie "saws lboir." I Io sees phantoms. Well then, let all admit, what none deny, that tho only source of political power in this country is tho people. Let us aduiittlnt they are snnreign, for they are fo; that is to say, the aggregate com munity, the collected w ill of the people, is sover eign. I confess that I think Chief Justice Jay son ike rather paradoxically man piiiiosopuicauy, "i . ..i.r.i I.:- ,.;,.,,,,. . i.u,:,...i ,i, tllumiim . H)0C,aCc of many 'sovereigns and 'T10 people, l.o said, are all sover- . J . . '.. '. ' .... ' ..... eigns; and the peculiarity oi me case is tinimcy have no subjects, except a few colored persons. Tills must he rather fanciful. Tho aggregate community is sovereign, hut that is not the sover eignty which acts in the daily exercise of sover eign "power. Tho people cannot act daily as .1... 'I1!,...' ti.tit nt ililili n (rnvorniiimit allj' i,1V0!.'t jt with so much of tho sovereign power as tho cao requires; and this sovereign power being delegated ami placed in the hands of the government, that government becomes what is popularly called uir. si'ATE. 1 like tho old fashioned way of stating things as they are ; and this is tho truo idea oi a state. It is an organized government, representing tho collected will of tho people, fo tar as they see lit to Invest that government with power. And, in that respect, it is Irue tint though this govern- ' ! sscsps sovereign power, n noes not pin- .ill cni-nrnimi iinU'er ! Ullll SO till) Statu ,'OV- I . I ill Binnn r.i,w.it... ttlltvl, l , V. T " , i Isj" all. Nor could It bo shown that the powers ofhith, as delegated, embrace the whole range of vv hat might bo called sovereign power. vv e usually spe.iii oi states as sovcre.gu f ta'cs. 1 do not object, nut tho constitution never so styles them, nor does the constitution speak of thu Government here, us the enteral or the fcjf- ral government. It calls thoin the United States, and tho government, the government of tho U. Stales; and it calls tho stato Governments state Governments. Still tho fact Is undeniably so ; 1 III1U IIIO " Governments state n.iii.iiiuii is a. ouiiiLisn puwur, uiiu is u.wr- originally irom too people, that thev can comer, as inutii oi u as nicy pie ise, the next principle is, that, as tho exerciso of legislative power and mvj uhiv.1 i iw i n 11, mit L-i iiiiiiMiL ii v 1 1 1 1 si i vin , . . . is impracticable, they must bo exercised by ltn - nir.sEMATivr.s of tho people ; and what ilistin- guisbes the American system as much as any - thing el'o, from any pilitical system of ancient or ol modern limes, is tho marvellous felicity oi us ropicsi-iiiauiu i,jsiem. it lias Willi li', allow j mo to say, a somewhat different origin from tho, representation of the Couunuus in IlnglandJ though that has been worked up to boiiio resem blance of our own system. Tho representative system in Ilngland originated not in any sup posed rights ot the people themselves, but in the necessities mid commands of tho crown. At lirst knights and burgesses wero summoned to a parliament called by tho King, ulteu against their will. Many remonstrances wero prctcntcd against Cisco ny organi-cii government to a certain ex- who had bcn members ol tho old Parliament, of piius to read that act il will bo seen that New , 'ar' H'ners oi men were assemuieu in lent, and by tho state', according to the forms any regular Parliament in tho lime of Clurbjs ' York rcarded it as an ordinary exerciso of Icis- arms to destroy tho gov ernment, that ho was which they have themselves established. tho Second, to n-semblo. ' ! lutivo power. It applies all tho poniltics'rfr acting under competent military authority in re Well, then, ba ing agreed that all nower is Tho Peers, beim a standing bode, could nl fri minimi, i-ntinrr u in nthnr ntnetim, i ...... sisting them. ecc. as set lorth in the plea. sending up tlieso representatives; tlio cliarge oselves tho people, mid tet up a government ? paying them vyas lelt lo be burdensome by tho Why another set of men, forty miles nf!', on the people. Hut tho King wished their counsel Uaino day, with tho tamo propriety, with as good aiiu uuvue, .uiu .iii.ipu i'itoiubui nm pup. ular body, to enable him to make giealer he.id - way tigainst the feudal barons in tho aristocrat. mo cucroac iinems oi hic crvi .nnuu mo anioc- racy, till in our d.ty tliey tuo nndcrstond to bo tlic"Keprcscntatitcs of the people, charged wifli the protection of Ihe rights of the people. With us it was always jnct so. lleprcsentation has always been this: Tho power Is with the peo ple; 'but they cannot exorcifo it in tuaes or frr cdpilu ; they can only exorcise it by their representatives. Tho whole system with us has been popular from Ihe beginning-.

Well tho basis of this reprc-ention is s utTrape. The light to choose representatives is every man's part in tho exercise of sovereign power; to have a voice in it, if he has the proper qualifi cation', tliat is tho fundamental excrcK' of po political power by every cleetc.r. TluA, is the beginning. That is tlin.niwK in which pow-er nnamitrH from ilssomce anil g'ts into ti.n.ntids of tho Convcnlions, 1ogil.iturc, and ( ''juris of law, and Ihu chair of the Ilxccnlhe. It begins in sn lint'e. riiillr.tco is tuo iieiegauou oi mo nower ol an individual to some ngent, in.l nir.ilnst fraud ; and, j. The second is, that its exercise sl-dl bo prescribed by previous law; its qualifications shall be prcsciihed by previous law; the time and place of its exercise shaM bo prescribed by previous law ; the manner of its exercise, un der whose supeni-ion, always sworn nllicers of the law, is to be prescribed. And then again the results arc to he ccrtilicd lothe central pow er by some tertain rule, by some known public nllicers, in some clear and definite form, to the end that two things may be done ; first, that everv man, entitled to vote, may vote; scanni, that bis vote may bo sent Jforvvard and counted. 1 so ho may excrcis3 his part of sovereignty, in common with his lellow men. In the exercise of political power through rep- rescntatives we know nothing, wo never have known any thing, but such an exerciso as should . be cariied tlironi'h tho prescribed forms of law ; . , .i. i r ,t.i .. i.n u. ' ill!! Wlieil VUOep;ill liwill ui.u, nu-nuu tiiiiii.-i as widely Irom me .American iracL as tne poic is from the track ol tho sun. 1 have said that it is one prirciple of the American system, that the people limit their i government national and state. They do so; ( ment, that they should secure what thev had es-1 mhlished ar-ainst sudden changes of the maiori-! iii,.s. ; I!y the fiflh article of the constitution of the ( United Slates Congress, two thirds of both houses concurring, may propose aiiieiiiiincms io the constitution, or on tho application ol the lglfUitira, ft two l),ir.l vl Ks'1tco inJal! a convention, and amendments piflposcd in either of tlieso forms must bo ratified by" tho Legisla tures or conventions of three fourths of the states. That fifth article of the rrWtitutinn, if Jt was mane a loiur, lor.uioso who lniiiien i,.,mifi-s (Wtii nion" of IlhaJo Island, co . ... . ... ...1 i . . ., framed the could l av,, Wn mn,ln a tonic of dnn.inein!! lv havu been made a tonic of denunciation. t giics no countenance to any of their proceed i. or to anything lileo thoniw On tho conta r,. it is mm romnrkalilo nivtatirn of the rnart- ,m..t ..! nnlir..ttnii nf lli'il nrro.it 111 ori f.i ' principle that ttic con-titfiliun of Government houh bo cautiously and prudently interfered with, and that chan-es should r.ot ordinarily bo be-un ami carried thronh by mere majorities, Tint the peoplo limit themselves aKo in other ways. They limit themselves huhis first oxer- ci'b of their political rights. They limit them- selves, hy all tlicir cou-titution', in two impor-i taut resnects. that is to sav, in reowrd to the qualifications f e'leclnr", and in regard to the 1 ... . .... ... r ma cations ot mo clvclnl. in every staie, aim ' .. . .1 , I . . , . , ill all tuo Flatcs, me Iicopic nave preciuueu thcm-elvcs from voting for anybody they may I choose ; they have limited their own light ol" choosiii". They have said, wo will elect no man who lias not such and such qualification', iv n ...,) ,.i,,r....l,-,,s nnlesswo have sneh and tuch qualifications. They have alto limbed of Levbach, pray ? Was not the doctrine there ! t,r I1''1 u f'lml,J &c- , , , Jvote.s themselves o prove its adoption, tthicli them-elves to certain prescribed forms for the held, that tho Smrrrwn should say whatchau-i J 1U defendant answer' that largo numbers of wereal.-o to bo follow ed by proof of his election, conduct of elections. They must vote at a par- ges fIiiII bo made? Changes must proceed uumi, in arms in Ithode l-land lor the purpo-e of I his evidence vvo Invo ruled out. Courts and ticular place, at a particular time, and under Irom them; new constitutions and new laws overthrowing tho government of the slate, made juries, gentlemen, do not count votes to deter particular conditions, or not at all. It is in these emanate from them; and all the people do Is tn ! Wilr "I""' it that for the preservation ol the mine whether u .in.-titiition has been adopted or modes that wo are to ascertain tho will of the : submit. That is what they maintained. All government ami people martial law had been n Governor electe,', or not. Courts tako no American people ; and our constitution and laws changes h-g.in with the Sovereigns and ended proclaimed by the Governor, under an act ol.tico without proot offered from the bar, what know no other mod- I with tho Sovereh'ii'. ! "10 legislature on Ihe 2.0th of June, IS 12. j the constitution is or was, and who is or was tho Wo are not to take tho will of the peoplo from 1 Pray, at ubo-if tho timo tint Congress was in ' TB I''1'-1 St V" '",avcr that tllc l,1,i,ll,ur w I Governor of their own state. It belongs to tho public meetings, nor from tumultuous assem-' Fcs'ion, did the allied powers put it lo the people , MtnS iml abeting the attempt to overthrow the Lege ature to exercise t.ns high duty. It is tho blies, nor from tho-e assemblies of the people by of Italy to say what sort of change they would government, and that tho delendaiit vyas under! Legi-hiture which in the exercise of its dolega which tho timid aroterilied, hy which the pru-' have ?' And at a more recent date, did they n'k "l0 mili'ary authority of John 1. Child, and ted sovereignty counts the votes and declares dent arc alarmed, and by which society is dis-' the citizens of Cracow what chan-o they vvnuld ! "vas ordered to arrest the plaintiff, for which pur- whether a coii-titutioii t .dorted t r a Governor turhed. These are not American modes of sig- have in their constitution? Or did thev tako 1 P0fe 1)0 applied at the door ofhia house, and be- elected or not, and we can.. ,-evi-c or rcverso iiifviug the will of tho poeple, and thev never away their constitution, laws and liberties, by mg relu,ed ho forced the door. their acts, in this particular, without usurping we're. If nm thing in the country, not ascertain- their own sovereign act ? No. All tint is tie-1 . 'ihc !ict!un is lor trespass .and the plea is jus- their power. ed by a regular vote, by icgiilar returns and by cc-sary hero is, that the will of the people should tilication uiidei the law ol Ithodo Main . 1 he " U ere the vote' on the adoption of our pres. i . .. ...... i... . i i i. , , . . i i . .. ntii'i .t nil rn.il nvit iiins a rn a s nsinil in siieli rnsns. ' n.il niiei it nt inn iillori'il linrii tii tirni'ii Iti i, i, ..... regular represciuauon, uas neeu eMiiuii'uea, it is an exception and not tho rule, it is an anoni- aly which, I believe, cannot no found. It U truo tint at the Revolution, when all the government was immediately dissolved, the m.-t'-" got tu-tS.. erand what did Ihevdo ? I lid tuey exercise sov- rt . ...... ) '!'(... I.rt..n .....n..,:. 1.1 Hfill iu,,t , i.iv,, inu.il .1, .11,1). lllUUIilU- ization. tho obiect of which was to "ot representatives of the people, who Fhoiild Form a ' government. This was tho male of prorcediii" I in those nates where tlicir legislatures were dis solved. It was much like tintJiad in on tho abdication of James the Second, lln r:m nvv.iv abdicated. Ho threw the ureal seal intnl 1 the Thames. I am not awnro that on tho 1th of. May, 1812, any great seal was thrown into Piovidcnco river! Hut James ubdicatcJ, and King William took tho government ; nml how uiu no procceu i i ny nu ai onco requcsicu all r.oursn lissom h o ; and a II t hevt id was In m,. , incnd tho calling of a convention, lo bo choen I hy tho same electors, and composed of the same i ii in n inr)i. n rnm ins 11 u;irii ni'iir. aiu iim j .... .. ' convention as-emhled, and, n.s till know, was turned into a Parliament. This was a case of , necessity a revolution. Don't wo call it to? aiidwhyl Not merely because a now sovereb'n then ascended the tluono of tho Stuarts, but be- causo thero was a change in tho org iniz.ition of Ihu iroveriimcnt. Thu oiiccessiou of law u-m broken. The convention did not assemblo tin der any syncope, was revolulion bled altcrvvards revolulion. ... is il not ouvious cnougii in.u. men cannoi get, together, and count themselves, and say thev are fo many hundreds and so many thousands, and uuIl'o ol their own nuallticatluus.uud call llu-m. I qiiaiiiiiuiiuii" nun 111 us i.irgu iniiiii-vii,, muy meet precceding law. 'l'liero was a liuttus.n Hue, all going to ostahh-h tho point that chaii.'es ) Newport, lutenuen ny over imir iiioiisaim per- as law, and there i- no proui iviure ) on oi ii , in tho action ol mo iiouy politic. This in rveninient are tu bo broil" it about by the sons, aim auoiiiiM.u io me oil.-w iicii over six uduntiou, and ut the election oi iii" .and tho parliaments lh.it assem- will of the neonle. a'sembled under such leiVisI-. Ihousandntteudcd ; at which resolutions were (Jm ernor under it, and you can return a ten net dated their legal origin tu that the provisions as may be necessary to ascertain , V 'n1"c" were here ollered. J lieu ho of- oniv. 0 tho evidence that Ins passcu to you. .nnd set up a government for themselves -ono'citio. The constitution of tho United Spite, 1 may meel at Newport, and another at Chepuchct (,tt IV. (I,) pays that ''the United States shall ind I oth may call lhem!lves the people, What is'lhis hut anarchy ? What lihnily is there hero but a tumultuary. tempestuous, violent, stormy liberty, a sort of South American liberty, with out power, except in spasms, a liheity support ed by arms to-day, crushed by arms to-morrow. Is that our liberty 7 ' Thls'regul ir action of popular power,- on the 11hcr hand, places upon tho public liborlv the most UvMiitilul lace mat ever ai.ornqu mat angci ri, while its waters are as irapspirent as those of a crystal lake. Ills powerful for good. It produces no tumult, no violence and no wrong. It is well enough described in those, lines of Sir Thomas lJenmun : it is a stream " Though deep ytt clear. though genlleyet not dull, .Strong without rage, w itl.out o'crllowing full." Another American principle, growing out of thl", and just as important mm well settled n is Ihe great t rut Ii that tho people arc the source of power, is, that when in tho course of events it becomes necessary to ascertain tho will of the people on a new exigency, or a now slate of things or of opinion, the legislative power pro vides for that ascertainment hy an ordinary act of legislation. Has not that been our whole his tory It would take me from now till tho sun shall go down to advert to all the instances of it, and I shall only refer to the most promi nent, and especially to the establishment of the con-titution under which you sit. Tho old Con gress, upon tho suggestion of the delegates who as-cinb'.edat Annapolis in May, 'Sfl, recommend ed to the slates that, they should send delegates Id a convention, to ho li'oldrn at Philadelphia, to form a constitution. Xo aiticlo of the old eon federation gave them power to do this. Hut they did it, ami tho states did appoint delegates, vhowenttn Philadelphia and formed the con stitution. It was communicated lo the old Ccn- grcss, and that body recommended lo the stales to make provision forcalling the people together to act upon its adoption. Was not that exactly the case of passing a law to ascertain the will of the people in a new exigency? And this method was adopted without opposition, nobody suggesting that there could he any other mode r ...,.nri., ,i. .in r ,i, .,,, i ,ui . ii.ii..iiiif; iiiw vkti, t,i inu jiii'im-, Again, my learned friend went through the con-titntionof several of the states. It is enough In say that of the obi thirteen states tho conti tution5, with hut one exception, contained no provision for their own amendment. In New i liiinp iiiio iiieiu was a provision lor Liihiu inu sense of the people onco in seven years. Vet there is hardly one that has not altered its con stitution, aiuf it has been done by conventions called by the Legislature, as an ordinary exer cise of legislative power. Now what ttatc ovcr altered its constitution in any other mode ? What alteration has ever been brought in, put in. forced in, or got in any how, by resolutions of mass meetings, and then by applying force I In mass what stalo lias an assembly, calling itself the people, without law, without authority, withoir qualification', without certain ofiicors, with no oaths, securities or sanctions of any kind, met ami iii.iuu u cuii-iiiuiiun .mu umu u uiu tmisu- tutlon of tho stato ? T.'iero mu.'t !;o .oAe autheiitlc luoile bf ascer taining the will of the peoflo ersc alfis anar chy. It icsolvcs itself into the law of thc.'roiig est, or what is the same thing, of the mo-t nu merous for the moment; and iillcoii'titutioiis and all legislative rights are prostrated and dis- regarucii. i Uut my learned adversay says that, if we maintain that the 'people, for he speaks in the name and on behalf ofjlie people, to which 1 1 not. obiect cannot commeneo rtir.r,j in itw.ir frnfnrn tnont . lint li' uninn iirnvinnc i.. nC l..r.!t.. latinu and if tlio legislature will not grant such an act wo do in fact follow the example of the Holy Alliance the Doctors of Levbach vvhero the assembled Sovereigns said that all chaifes of government niu-t proceed from tho Smcrci"ii ; and it its'said that we inirk nut the same rule fur the people of Ithodo Island. .now, win any man, win mv miversarv lirre, on a moment' reflection," tindeitake to sfiovv the least rc-einblanco on earth between vv hat I have I .1 .. . ... i.i , . . caueu uie iiuiciicaii uocirmo ami tne iincirinooi .i.e. , I 1 1. . in i . , a . 1110 ourvrcigui ai i,uynicii i v uai uo i con- tend for ? 1 say tint the will of the people must prevail when it is ascertained; but Ihero iiin-t bo sonic legal and authentic mode of ascertain- ing that will; and then the people iu.ikowh.it muoriiinrnt tbnv iilea,o. Wo,tlmt tlm ilneirino no n-cericineu, ny some regular rule oi proceen- ing, prescribed by previous law. Hut when as - certaincd that will is as sovcroh-n as that of a despotic prince tho Czar of Muscovy, or tho l'anporor of Austria liinwl!; though not quite so easily and readily made known. rf uKa'cor an edict signifies at onco tho will of despotic prince. Hut that will of tho people, which is here as sovereign as tho w.ll of such a prince, is not so easily ascertained or known. And thence nr ani in Iinenis ti l.ir etilr.iM-n n- .Tr.Ii ij , ... mode whereby each man's power may bo made tn full lln.iii the constitution of tho government. (inn of tlm i.i Vnennt l.i,v r,,? i,i.i,. .1, 'Vj'w 1 "-r"1" ; , . "' ..i-i.....v.. , . ... ik? ui mis now mivernmcut. I ho lures, and gentle in Its operation. The stream which violence is practiced or threatened against tnlion was proclaimed on tho 1.1th ,,1 m1i!!n ,il l.nril. ,t,irtS.r AnmnrflM tlt,nrt' run. I llm slnln itf.mnc.1 !, virilonen l" olid it cui'u lltn t It, fi.. ,0.1. . .. . fntn,. AH u rmnil'ir nm liirmntllull, in it, n. iulmw rvntl inn it enrvil.'Sttl rvisiw ,,i I... nilii ill this channel, hastho strength of Missou- Utato sliall be protected. It says then, does it, nnlnled uudor it. nod ,r lwr,..'nf will of tho people in any stato is tho law of 18 15 giving sanction to it as a republican form ol of tho state of New York. It be-lm by reeom' government. And the defendant then refers to mendin" to the people to as-embTe in their sev- "II the lavys and proceedings of tho Assembly oral election districts, and proceed to voto fork,il1 tl"3 adoption of the present constitution o delei'ates to a convention. II vnu vv tako the r..i. n..il, ! ..tli.,r .nr... I of the proper officers wero to bo held conclusive, and the will of the people was. ..n.Ai.,j n. jnnii i n it- i in a cinii-LlL'tl l i'-'v.'imiiii) in uiu i-mim iiiiillL'l. VlIH'r 'vised by the same officer', under the same guards a -ainst fbrco and fraud, collusion and niKi-cnre. -."niation, that are applied in votiti" fur stale or U S. officers. 'Vo see, therefore, from the commencement of tho Government under w Inch wo live down to ii,i.t.t..i ,.r il,.tinf V,.i,. Vnrt t i that will truly nml authentically, fnrin enrrnnt nf law, nf nreepilpnt. uinl nf ,imi place, may it pleaso your honors I uieclingot tho convention m October, ItUl.nnd y important to consider vv ha tK'l,, dr'"mi "f 11 "'""""'"'; lw re-assem- tloandlavvsof heUn iedS,a0s Ulnjt in lSlt, tho completion of tho draft, its llKslan ! submission to tho people', their voting upon it. In tho next p It lieroinps verv iit-Mhoconslitnllon tho constitution of the United States recni-iii--.es tho existence ol Hates. Oiiobraucbof ihiTlo"!'. lature of tho United States Is composed nf ten. ntors appointed ny tuo stato', in their state capa. guarantee to cacli state a republican form of government, anil shall protect tho several stales against invasion, and on tho application of Ihe legislature, or of the executive when tho legis lature cannot bo convened, against domestic vio lence." Now I cannot but think this a very stringent article, drawing' alter it the most im portant cnnenuences. and all ami consefiiicn- Ices. This constitution, in Ihu section cited. . speais oi stales Having existing legislatures ami not, that the oxi-tlnrj government of a state shall . lie prolected I .My advcisary says, il so, ami H the l.egirlaturo would not call a convention, and sisted, the now constitution became tho law of if. when the pcnplo rise tn make a con-titiition, tho land on that .Id day of May. Tho Legis the United Slates step in nlid prohibit llieiu, why . latiirc sat through that vv hole d.iv mornin" and the rights and privileges of the people are check-1 eveniii?; adjourned ; met IheneXtday; and sat cd controlled. I ndoiibteoly,. through all that dav, inornni" and evening anil The constitution docs nL proceed on the did a great deal of paj-cr business. It" went nmnJ of levolution : it dues nt.t proceed on through the forms of chuosimra Supreme Court any rg'f of revolulion ; but it docs goon tbc A-c, and on Ihe evenimr 0f the -Ith of May it ad idea that wilhin and under the constitution, no, joiirned. to meet u"alii" m, iho tt l,r.t.,,. r new constitution can he established in any state without tho authority of the exi'ting govern ment. This cannot help the gentleman n argu ment much, because his own ease fills within the same range, lie has proved, ho thinks, that there was an existing government, a pipor gov eminent at least a rightful government as he alleges. Suppo-o it to bo rightful. Suppose, 1 will now give some references conccrnin" three-fourths of the people ol Ithodo Island to j the nevv constitution authorised by the govern" have been engaged in il and ready to sustain it. nent. Tho present constitution was framed What then ? How is it to bo done without lliej in Nov. 1812. It was voted upon by the peoplo consent of the existing government IJcraii'O i on the 'Jl't. -2d. and -'3d diys of November, was if that government holds on and will not surrcn- ' then accepted, and became by its own provisions der till displaced by force, and if it is threatened 1 tho constitution of lihoda 'island on tho first by force, then the "case of the constitution arises, Tuesday of May, IS 13. aiid tho United States must aid the government' Now what, in the meantime, hid become of that is in, because an attempt to displace a gov-! Mr. Dorr's government ? According to their eminent by force is "domestic violence." It is ' "wn principle they say they arc forced to admit the c.to provided for by the constitution. ! that it was siipeiscded by tho nevv government, If the existing government hold on, maintain . bccaim; the people had accepted tho now gov its post, though three-fourths of the stalo have 1 ernnjent. Hut they bad no nevv government adopted the now constitution is it not evident , till May, 1813. According to them, then, thero enough that tho exigency ari'es in vv Inch the was an bit'Trrgnum ofa whole year. If thev con-titutional power hero' must go tn the aid of. Ind a government, what became of it? If ft the existing government? Look at the law of ever came in, what put it out of existence ? 2Sth lVhruarv, I7H3 in Vol. 1 of tho Statutes u by did it not meet on Ihe day to which it ad all a rgo p. -121: "and in case of insurrection joiirned? It was not displaced by tho nevv con against any state, or against the i;iircrniitciil stitution, because that had not been agreed up themif, it shall be lawful for tho President, on on in convention till November; it was not application of the legislature, to call out the mi- adopted by the peoplo till tho 1 ist of November, litia of other states as he may judge sntlicient and it did not go into operation till May. What to suppre-s such insurrection." Insurrection became of it ? a"ainst the rhting government is to bo sup- 1 think it is important to note that tho new nrossnil . I constitution, established according to the nre- Hut tho law and tho constitution, tho whole j scribed forms, came thus into operation in May, system of American institutions, do not content-, 18 13, and was admitted by, all lo bo the consti. plato a ca-e as likely to ario under our system tutlon of Uie state. What then happened in tho in which a resort will he necessary to proceed-1 state of Ithodo Island? I do not mean to go in aliumk, or outside of the law and constitu-, through all tho trials that were had after thii thin, for tho purpose of amending the constitu-' ephemeral government had disappeared; but I tion. It -oes on the ground that tho states are "'ill ask attention to tho report of tho tri.il of all republican, that thev arc all representative , t0" r treason, which took place in 184 1, be in their foims, and that these popular govern- fore tho whole court. He was indicted in Ail ments in each state, the annually created crea- gt, 1 S42, and the trial came on in March, 1844. lures of the people, will give all proper faculties Tho indictment was round while tho charter and necessary aid.? to bring about cbang6s that government vvai in force, and tho trial was had tho people may judge- necessary in their consti- under tho now constitution of tho state.' Ho tutinns. It tiikos tluvt grouch ind acts on no win found guilty of treason. Ai.J I turn to tho ot'.cr snptorition. It assumts-Jlmt tho popular report of the trial now to cail attention to tho I will will ho accomplished in ail particulars, And hi-tory has proved that tho presumption is well loillHICil.- Now thl"!' tho view w I take of w;bat I have' " "' may be, gentlcmeir, that he really believ system. Tlieso are the himself to bo the Governor of flic sta'te, Jinil called the American i hods of !irfti"ini' about chati"es in I'overn- ment. Now it is proper to look into the record and see what tho questions are, that arc presented by it, and consider. 1. Whether the case is nito for judicial inves- ligation at all that i', whether ibis court can try tne matters wincii tiie p aintiu pas wiercu to prove in the Circuit t.ourt belovy ; and j - ' ' weemd place, whether many things wll'cl' " "i'1 "'''r I'mve, if they could have been and had been proved, were not acts uicrim- inaiity, anil mere ore no jiisiiiicjiiion ; ami ' , ,' """7"".""", "' " r V'1-" would show that, in point irf f.ict, there b id been ' o-tablisl.ed and put m operation any new con-ti- t ii, t. .ii tn ilinl.i i, t Ini i, hi nlni tnr fniv.irnniiMit nfl v . . . " r""v w..-..w. B...v I It im in I. Pin, . , . . - , in. ,11.1.1.11.1111111 i in hi. j,., i. .niiiivii.17 ...... . ..in i.u-11 in. .'.ii i .i ni.iji'iii ui mo maio issued or. the 8th of October, 1 S 12, in which , adult population of this state, voting in their pri Martin l.nthr complains that J.ullier ISonhn nury or natural cap icily or condition, and that and others broke into his hou-e in Warren, ho Was subsequently elected and did tho net' Kliuile l-l.tud, on tho 2Utli ot J lie, lb 12, and Uis- i"-" '". . . , , V 1 1 plea was bled nt the November term of Is I J, in the ( irciut Court of Ithodo Maud. And in order to inake out a delence, the defendant ol- fcred tho charter of ithodo IsbinJ. ihu participa tion ol Ihe state in tho Declaru'ion of Indepen dence, its uniting with the confederation in '7fJ, its admission into tho Union in 'UU, us continu aueo in the I nion, and its continued recognition us a state duwnto May, IS 13, when the con-ti- lllllOIl UUW 111 lurvu w as auiii.iin. And hero let " bo particularly rem irkc.i, mat i engross au mn K".0,1 , 11110 1110 c,lltl'"i''u'i this identical old charter government, thereby "miu isiaii". ' m.-ii.-iiuii.n"'v.-v fimv Tu renel the case of tho defend tut the plain tiff read the proceedings of tho i, J legislature, in this rosnnet I and document', to snow iiiai uiu uit.i oi cuaug in lllis ru ptct, , ,., I.n.l li.-i'o rnlerlalned as loin. . "- n , , , . . ,, .... - a8 1" Ho read aNo resolutions ol the 1 Assembly of 1811 meniorials praying changes , '" l'"- constitution, Ac. ivtc. He next udcred to provetbat suffrage associations wero tunned tl'mughout the state in 1810 and tl ; thatsteps I we l:ll:c" "i them '"r oIJ'"K r1.'1'1 c '"feting', ' and to show tho proceedings held thereon. In tho next place a mass convention was held at its adoption and the proclamition on tlio 13th of January, lbl2,tn.tt tlio cuuslituiion to auowii, was the law or the land. I Thalisthosubstaneoof wlnt was here aver- ' eA Tho plaimilV next idlercd liM'rove 'hat th co'u'i'ul(-'' was adopted by a largo majority ot ti.roi lo nrovo t ie c ection ol ite emitm tho n. ..!..,., n, nitenin en io siaio nm iiuisuuui the qualified voters of tho state; that officers vvcro elected under It In April, 18 lit; that tho now government assembled on the 3d of May( and he ofll'rcd a copy of its proceedings. He sets forth that'tlio Court rcfii-cd to admit testimony upon these Mibject, ami ruled that tin; government and law of the state were in full force, and that they justified the action of tho defendant'. i will 2ivo a few references tn other nrnceed- new const i of January, s were ap- cmor. On Tuesday tho 3d of il'av the new leir- Mature met. was ominirnd .,! il,nn ti i l. July in Providence, " And never word spake more!" It never rc-assemb!ed. This Government, then, whatever it was, came into existence on tho thin! day of May and went out of existenco on , the fourth day of May. language ui movnurt in its charge, as delivered- , In' Chief J ustice Durleo in that case. I present j ureiiiiiuniiijji.Auiiti :ronuiiai Cliarge: that he acted throughout under this delnuinn J " ever far this may go lo extenuate the offence, it "e not take from it it' legal guilt. It is 1,0 defence to an iudictiftent for tho violation of ) any law, for .tho defendant to come .into Colirt and say, Ilhougfit I was but exorcism" a con- slitutional right, and I claim an acnnitiaf nn tl,S B' iu'". ; .o. vv ero it so Hieru would 1 f'" '" :u -law and all government. Courts and juries would have nothing to do but to sit in judgment upon indictments in order to acquit or excuse. The accu-ed his only .to "u ue ins oeen systemitic in cominitting -'". " "u u wau a rigui to commit it, and, according to this doctrine, you mi s acquit. ' 1 lir mi I n irrimn.l iinnti ii.t.t.,1. ,1.. r -- ,,l, jinsoner SOU " it inr !i lll-t,tir:itmii ii-nu f l.ni ....il... 1 , i , , i , s-uosmu- charged, as liovernor, under it. lie olWedtho I , V .' 1 or was not adopted, or ih.i'o given for tho (Joy- ernor under it, to provo that be was or was not elected, wo could not receive the evidence our- selves, wo could not permit it to pass to tho jury. And why not ? Jleeaii'p if wo did so, vve'should ceaso to be a mere judicial, and be cuiiio a political tribunal, with the whole sov ereignty in our hand'. Neither the peoplo nor tho liogi-latuio would bo sovereign. Wo should be sovereign or you would bo sovereign ; and we should deal out to parties litigant, hero at our bar, sovereignty to this or that, according to laws or rules ol our own making, and hereto foie unknown lu courts. In what condition would this country he, if appeals could thus bj taken to courts and juries ? This jury might decide one way, and that another, aiid the toy ercignty might bo found hero to-day, and there to-morrow, 'Sovereignty is above courts or juries, and tho crcUnro cannot tit in judgment upon Us cre ator. Were this instrument offered as the con stitution of a foreign state, we might, perhaps, under tome circumstances, require proof of its existence, but even in that ca-e tho fact would not bo ascertained by counting the votes given at its adoption, but by the certificate of the Sec Mary of State under the tin ad seal of tho ttato. This'instrumcnt is nut offered as a foreign consti tution, and this courtis IwuuJ to know what the constitution of tho government is under which it acts, without any proof oven of that j tenco of the to called ' people's constitution ' iitili character. i t Know iiuuuug m mo .- they aiise.and having r.'firrcd to what has ukcn place in Ithodo Island, I shall present what lartbcr I hive to say in three propositions : Ut. I say first Urn t he n.a. U-rs c : ejl t proved by tho plaintiff in tho Court below aro not oi juuiciji ci'-jiiifiiiiu , i- ..n., there-lore, was properly rejected bv the Court. If all these milters could bo and had heen legally proved, they vvoiiid navo constitu. tcj q defence, bec.iuso they tiiovv noining but