Rhode Island in 1842. Minority report of Committee of Congress appointed to inquire into the interference of the President in the affairs of Rhode Island in 1842

cO
RHODE ISLAND IN 1842.

MINORITY REPORT

OF

COMMITTEE OF CONGRESS APPOINTED TO

INQUIRE INTO THE INTERFERENCE

OF THE PRESIDENT IN THE

AFFAIRS OF RHODE

ISLAND IN 1842.

BIT J-QIHISr IMI. S.

WASHINGTON, D. C.
1844.

-2.

k r>

WAR 2 1 1965 |

•«•

105 sees

28th CONGRESS, Rep. No. 581. Ho. OF REPS.

1st Session.

RHODE ISLAND MEMORIAL.

JUNE 17, 1844.

Read, and laid upon the table.

Mr. CAUSIN, from the minority of the Select Committee, made the following

REPORT :

The undersigned, members of the Select Committee, to whom were referred
the memorial of the democratic members of the Rhode Island Legislature,
and other documents connected with the subject of its complaint^ dissent-
ing- from the views of the majority of the said committee^ respectfully
submit the reasons for their dissent :

The memorial asserts <:that a large majority of the adult male inhabit-
ants of the State of Rhode Island," "in the exercise of their original sove-
reign capacity, did, in December, 1841, rightfully adopt and duly ratify a
constitution of government, republican in its form and character, agreeably
to the guaranty of the constitution of the United States," They object to
the phraseology of a letter of the Executive of the Union, indicating the
mode of amending "the institutions of a State," that the Executive asserts
" that such amendment must be made by the authorities and the people,"
thus placing " authorities before the people," in contravention of "the great
fundamental doctrine of our democratic republic ;" "that the people are, of
course, superior to the servants intrusted with temporary power for conve-
nience, and in order to do the will of their superiors." Remarking that
under the old charter system "the people of the State were ruled by one-
ninth part of the adult male population," they "contend that a majority of
the whole people are competent of themselves, without permission by an
authentic act, to change the form of government." The memorialists also
assert that " there was no mode prescribed by charter, /a?0, or usage, in this
State, for proceeding to change the government and to form a written con-
stitution.;" that the "Assembly could only request the people to act, and
they were at liberty to do so or not, and could act as well without the re-
quest, which gave no power, as with it." They charge that the President,
by "threat of intervention with," and increasing the number of troops at
Newport, operated a "duress," under which "another constitution, unjust,
restrictive, and anti-republican, adopted by less than one third of the adult
male citizens," " was imposed on the people." They affirm that " this in-
terference of the President in the affairs" of the "State, had the effect of
overawing the people ;" that it " mainly caused the overthrow of the people's
constitution and government ;" that " if the President" had let " them alone,
the new government would have been peaceably established and generally.
Blair & Rives, printers.

2 Rep. No. 581.

acquiesced in." " In view of these facts, they, (the memorialists,) in behalf
of their democratic fellow-citizens," request the House of Representatives to
inquire whether the President exceeded his powers in the alleged interfe-
rence, &c.; " whether the members of the said House from the State of Rhode
Island are entitled to their seats ;" and, finally, in italic emphasis, they re-
quest that Congress would "execute the guaranty in the national convention,
of a republican constitution, in favor of that which was rightfully and duly
adopted in this State in December, 1841, and established and carried into
effect by the organization of a government under it in Mayt 1842."

In order to present a partially connected argument upon the charges and
doctrines of the memorial, we desire to strip it, in advance, of those col-
lateral allegations, which tend to confuse, although they do not obscure, the
material purpose of the appeal. The result to which all tends, and to the
attainment of which all is made subsidiary, is the establishment, by the
agency of Congress, of a constitution which failed of success through the
instrumentality of effort by violence. With the dispersion of the insurgent
forces at Chepachet, and the prior flight of their leader, ended the attempt
to impose by force upon the people of Rhode Island a form of government
which, when sought through the legitimate channels, had been rejected.
And in December, 1842, a constitution, liberal in its provisions, ample
in its concessions to the claim of extended suffrage, was, by the deliberate
assent of the people, given by formal ratification, in a legal mode, adopted
as the fundamental law of the State of Rhode Island. To this constitution
universal assent and acquiescence was yielded, so far as such universality
can be predicated of any subject for popular action. Both parties contested
the offices it provided for. An active canvass was held, resulting, in part,
in the success of these very memorialists. If the existing constitution
sprung from a usurpation of popular rights, was illegal in its form of
adoption, null in its mandatory prescriptions, because flowing from no
authority entitled to frame it, how happens it that these democratic mem-
bers of the State legislature should have consented to expose themselves to
the odium of giving vital practical form and efficacy to a system originating
in wrong, and existing by oppression ? They aid in framing laws, and yet
deny to those laws the vigor which belongs to this agent of legislative will.
Nay- more; they bind themselves by the solemn obligations of an oath ; they
attest the Deity to their support of this instrument, and repose their hope of
bliss eternal upon the fidelity with which they discharge the duties thus
assumed ; and yet, with this living record of solemn obligation public to
the world, with the formality of their sworn adhesiofl to the existing con-
stitution fresh in memory of its witnesses, they deliberately ask of Congress
to violate its constitutional duty, by assumption .of ungranted power, to
subvert a constitution they had thus bound themselves to, support. That
no misapprehension may exist, the undersigned insert the clause in the
constitution of the State of Rhode Island, requiring each member of the
legislature, before he can act as such, to promise, by oath, his support of
the constitution of the State :

Sec. 4 of art. 9. " The members of the General Assembly, the judges
of all the courts, and all" other officers, both civil and military, shall be
bound by oath or affirmation to support this constitution and the constitu-
tion of the United States."

The objection thus existing to the entertainment of the memorial, (of
itself a breach of the highest obligation known to the Christian mem-

Rep. No. 581. 3

foer t>f society,) however strong, dwindles into almost contemptuous in-
significance in comparison with the permanent and tremendous evils
lhat would result from the grant of the prayer with which it con-
cludes. It assumes ihe power in Congress to supervise the constitutions
of the States of this Union, and to reject or confirm them, as they cor-
respond with, or contradict, its standard of republicanism. Rhode Island
is now at peace. The intestine divisions which threatened her security
no longer harass her, and, both in municipal authority and federal re-
lation, she is in the enjoyment of a full recognition of her rights as a
member of the union of States. All this we are asked to disturb. The
representatives of the other States are required to legislate for Rhode Island,
and, at the instance of twenty-six democratic members of her legislature,
to throw down the fabric of government her people have erected, and es-
tablish one more agreeable to the fancy of the memorialists. So tremen-
dous a power should not only require strong reasons for its exercise, but of
its existence no doubt should be entertained. The undersigned have
looked into the constitution of the United States in vain for the clause
upon which the assertion of such power could be based. In the compound
character of the Federal Government, the people, as individuals, and in
their corporate capacity as States, are both recognised and severally repre-
sented. The powers of the Federal Government, in their control over either
the people or the States, are express and explicit. The negative upon the
exercise of certain powers by the States being simply to strengthen, and
more emphatically to affirm the grant of such powers to the General Gov-
ernment* and it may be safely assumed that the control over the States is
confined simply to their action in federal relation. In the jealousy of central
encroachment or absorption of power, even reiterated restraints are imposed
upon the general authority. It was a natural conclusion, that a government
created by parting with a specified portion of powers existing in inde-
pendent parties, could only exercise such as were thus specifically assigned,
and that the grant would at the same time express its own extent and limit ;
but with an abundant caution, of the utility of which the present subject
forms an apt illustration, the framers of the constitution, that they might
leave nothing to interested doubt or refined subtlety, expressly declare, in
article 10 of amendments, that "the powers not delegated to the United
States by the constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people." Within the limits of express
delegation, then, must be found the power required to be exercised by the
memorialists, or it does riot exist. It is not irrelevant to subsequent in-
quiries to remark, that the national constitution, though formed by ratifica-
tion of the people, yet was the creature of the people of the several Slates
assembled in convention under legislative prescription, not in a primary na-
tional capacity, but restricted by all the forms and limits which the discre-
tion of the State constitutions had marked as designative of the right of
elective franchise. The only section or clause of the constitution which
can be quoted to justify the interference of Congress with the internal or-
ganization of State governments, is section 4 of article 4th: " The United
States shall guaranty to every State in this Union a republican form of
government, and shall protect each of them against invasion : and on ap-
plication of the legislature, or of the executive (when the legislature can-
not be convened) against domestic violence," The plain construction of
this clause would not only seem to indicate the absolute want of power in
Congress to interferej upon the grounds asserted, with the internal sover-

4 Rep. No. 581,

eignty of Rhode Island, but furnishes a conclusive answer to the popular sf^
gutnent upon which the entire defence of the suffrage movement rests; and
upon this clause, with a proper diffidence of their own power, the under-
signed invoke the authority of a democratic exponent of the necessities
and extent of its provisions. (Federalist, No. 43, by Mr. Madison.)

li In a confederacy founded on republican principles, and composed of
republican members, the superintending government ought clearly to pos-
sess authority to defend the system against aristocratic or monarchical in-
novations. The more intimate the nature of such a union may l»e, the
greater interest have the members ir> the political institutions of each otherr
and the greater right to insist that informs of government under which, the
compact was entered into should be substantially maintained."

* # * * * * # * ^

"But who can say what experiments may be produced by the caprice of
particular States, by the ambition of enterprising leaders, or by the intrigues-
and influence of foreign powers? But

the authority extends no farther than to a guarantee of a republican form of
government, which supposes a pre-existing government of the form which
is to be guarantied. As long, therefore, as the existing republican forms are-
continued by the States, they are guarantied by the federal constitution.
Whenever the States may choose to substitute other republican forms, they
have a right to do so, and to claim the federal guarantee for the latter. The
only restriction imposed upon them is, that they shall not exchange republi-
can for anti-republican constitutions; a restriction which, it is- presumed,
will hardly be considered as a grievance."

The whole scope of this argument assumes the republican character of
the constitutions of the States, sought to be united in one general formrand
explicitly pledges the full extent of national power to the guarantees of the
" existing republican forms," against the "experiments" of "caprice" in
"particular States," attempted to be wrought by the "ambition of enterpri- .
sing leaders" Under the charter government, Rhode Island became a.
member of the United States ; and to that charter government, in its full in-
tegrity, was the force of the Union pledged for preservation, until that State
"choose to biibstitute other republican forms." and to claim the federal guar-
antee for the latter." In December, 1842, the existing constitution (the re-
publican character of which will hardly be questioned) was adopted by a
convention of the people, assembled under legislative direction, (Appendix
Nos. 22, 23, 24 ;) and to this constitution, thus adopted, the guarantee in the
general constitution extends.

The quotation from the Federalist ctlso establishes the truth, thaS no au-
thentic call upon Government interference can be made, except through the
executive or legislative branch of government ; that the federal authority is
protective, conservative — not innovating or insinuating ; that it is to repress,,
not to sanction or justify unauthentic popular movements; that it recognises
government established as an entity — a thing active and to be preserved.
No popular call, however multitudinous, can constitutionally reach the ex-
ecutive ear. The States alone, through their authorities, can invoke the
powers of the confederacy. In the constitution of the General Government,
numbers are not invoked or majorities canonized. Political corporations —
States alone — can claim its aid j and that, too, against a " factions majority" of
their own citizens. The undersigned will, in a subsequent portion of this re-
port, seek to apply the cogency of the reasoning of the last portion of the

Rep. No. 581.

wnrtvbeT quoted to an argument that derives its only force from the popular
garb in which it is clothed — the right, asserted in the memorial, that "a ma-
jority of the whole people are competent of themselves, without permission,
or by authentic act, to change their form of government." It may be as well
to observe, that both the memorialists and the committee construe the words
majority of the people to mean a majority of the male adult citizens of any
State. As preliminary, however, to an examination of a doctrine so danger-
ous, from its plausibility and assumed consonance with the spirit, and even
letter, of republican institutions, it becomes necessary briefly to trace the civil
and political history of Rhode Island to the point at which this doctrine was
assumed as the principle and justification of a movement about which so
much difference of opinion seems to exist ; — one party conceiving that it
only wanted the merit of success to convert it into a glorious triumph of pa-
triotic daring; another deeming the impotence of its conclusion a just com-
ment upon the error of its origin, and the violent disorder of its progress.

Charter history of Rhode Island.

In 1636, Roger Williams, with others his associates, in order to the full
•enjoyment of the rights of conscience, established an independent settle-
ment at Providence" They entered into a civil compact, by which was
secured to themselves, and to such as they should admit to the enjoyment
of its advantages, fhe protection and authority of civil government origi-
nating with themselves; to which, and to "the orders and agreements'7
flowing therefrom, they mutually promised the subjection of " entire and
passive obedience." As early as 164l-'42, it was declared, and acceded to,
that the power to legislate was " in the body of freemen orderly assembled,
or a major part of them," and these exercised the full and undisputed power
of determining for themselves to whom it was meet to extend the privilege
of the rights of freemen.

In 1643 the first charter was granted, uniting in one body the separate
settlements of Providence Plantations and Rhode Island, and conferring
upon the inhabitants of "ye Towns of Providence, Portsmouth, and New-
port, a free and absolute Charter, of civel incorporation, to be known, by
ye name of the Incorporation of Providence Plantations, in the Narragan-
set bay in New England, together wth full power and authority, to Govern
and rule themselves, and such others as shall hereafttre inhabitt wthin
any part of ye said tract of Land by such a forme of Civel Govermnt as
by voluntary consent of all or ye greatest part of thm shall be found most
serviceable in, their Estates and condition; and to that end, to make and or-
dain such civel Laws and constitutions and to inflict such Punishmts uppon
transgressors and for execution thereof soe to place & displace, Officers of
Justice, as they or ye greatest part of y1^ shall by free consent agree unto —
Provided nevertheless y1 ye said Laws, Constitutions and Punishments for
ye civel I Governmt of y* said Plantation be conformable to ye Lawes of
England, soe farre as the nature and constitution of ye plan will admit."

By this grant, full authority from the plenary power of the Crown (at
that period the unquestioned proprietors of the soil, and source of all civil
control over the colonies of America; was given to the inhabitants of the
enumerated towns to govern not only themselves, but " sur.h others as
should thereafter inhabit the same" with full unlimited power of legisla-
tion, JH their own discretion, of necessary or suitable law, restricted alone

6 Bep. No. 581.

by the necessity of the conforrnance of their spirit with the institutions of
England. Not one clause of the original compact of settlement was abro-
gated by this charter. And as full power was possessed by the grantees of
prescribing who should be freemen,, and entitled to all corporate privileges,
as resided in them, by virtue of their original civil agreement previously
cited. No one, by the mere fact of local inhabitancy within the colony,
was entitled to full participation in its civil privileges, biH as resulting from
the authority given to the settlers "to govern those who shoirfd thereafter
inhabit it:" they could only claim their exercise by virtue of such forms
and qualifications as the laws of the grantees prescribed. Upon the resto-
ration of Charles II, urged by doubts of the security of their privileges un-
der the previous charter, "the purchasers and free inhabitants of Rhode
Island and Providence Plantations," through the agency of John Clark,
procured a grant of confirmation, rather than an original charter. This
grant of confirmation, or charter, dated in 1663, constituted the fundamen-
tal law of Rhode Island until superseded by the constitution of 1842, un-
der which the present organization of the State exists.

An analysis of the principles of this charter, and of its mandatory pro-
visions and restrictions, is rendered necessary, because it has been the theme
of as much anathematical obloquy as ever religion, in the fervor of her
zeal, fulminated against heresy. It has been denominated the royal char-
ter ; and, in that exuberance of patriotism which teaches us to regard
with hostile aspect all that partakes in spirit or in fact of foreign, espe-
cially of royal origin — in that Jewish incredulity of anything good flowing
from the " Nazareth" of" monarchical bounty," it has been seriously urged,,
especially by the originators of the suffrage movement in Rhode Island,
that it was repugnant to the character of Rhode Islanders to live under a
royal charter — a charter — a grant of rights sued for earnestly, and grate-
fully received by the patriotic fathers under which the Stote has won glory
in war, and achieved prosperity in peace, for two hundred years. Such
ultraism of republican zeal has only been paralleled, in the memory of the
undersigned, by that fervor of patriotic impulse which induced the indig-
nant Frenchman to denounce the epithet " distinguished" applied to Mira-
beau. as infringing the sacred principle of equality among citizens. "We
have no distinguished men here," he exclaimed fervently; "we are alt
equal." The undersigned, glorying in the common pride of country,
so rational and universal, iii the great moral achievement of self gov-
ernment now so happily in progress of practical illustration, cannot still
forget that the primal principles of modern civil liberty found their sternest
and earliest supporters in the men of the country from whose ruler this
charter came; they remember that the living principle of every State con-
stitution— the trial by their peers, and the protection of life, liberty, and
property by general and impartial law — finds its origin in the great work of
the barons of England. And it might, with eq«al force, be urged to our
prejudices against this principle of magna cha-rta, that it was the achieve-
ment of the aristocracy, as the condemnation of the charter of 1663 urged
because it was the u grant of royalty. " Indeed, we apprehend that this re-
jected and contemned gift will compare somewhat advantageously, in the
liberality of its principles, the justice of its provisions, and the democracy of
its features, with some of the republican consiitutionsof our Union. By this
charter — granted, too, at a period when religion was not always garbed in
the mantle of tolerant charity, but when persecution and danger, the torcb

Rep. No. 581. 7

and the gibbet, were sometimes the concomitants of her power and the
evidence of her supremacy — it is expressly declared that "no persou within
the said colony, at anytime hereafter, shall he anywise molested, punished,
disquieted, or called in question, for any differences in opinion in matters of
religion, and do not actually disturb the civil peace of our said colony; but
that all and every person and persons may, from time to time, and at all
times hereafter, freely and fully have and enjoy his and their own judg-
ments and consciences, in matters of religious concernments, throughout
the tract of land hereafter mentioned, they behaving themselves peaceably
and quietly, and not using this liberty to licentiousness and profaneness, nor
to the civil injury or outward disturbance of others; any law, statute, or
clause, therein contained or to be contained, usage or custom of this realm,
to the contrary hereof, in any wise, notwithstanding."

In the declaration of rights of the State of New Hampshire, it is written,
"that no person shall be hurt, molested, or restrained in his person, liberty,
or estate, for worshipping God in the manner most agreeable to the dictates
of his own conscience," (article 5 ;) and, by article 11, it is provided that
t; every inhabitant of the State having the proper qualifications has an eotUal
right to elect and be elected into office." In singular contrast with this gen-
erous recognition of mutual and relative equal rights between the electors
and the elected, and this tender and delicate regard for sensitiveness of con-
science in religious matters, is the following absolute exclusion from of-
fice of all who cannot bend their consciences and their hearts to a form
of worship (it may be) repugnant both to their judgment and feeling.

"SECT. 14. Every member of the House of Representatives" (of New
Hampshire) "shall be of the Protestant religion, and shall cease to represent
such town, parish, or place immediately on his ceasing to be qualified as
aforesaid."

"SECT. 29. Provided nevertheless" "that no person shall be capable of
being elected senator who is not of the Protestant religion," &c.

" SECT. 42. No person shall he eligible to this office" (governor) " unless
he be of the Protestant religion."

It would be well if, in denunciations of the charter, its oppugners would
examine its provisions, rather than listen to the whispering of senseless preju-
dice, or the motives of partial interest. Succeeding this preliminary decla-
ration, is the grant of corporate powers to the petitioners, in the words
following :

" And accordingly our will and pleasure is, and of our especial grace,
certain knowledge, and mere motion, we have ordained, constituted, and
declared, and by these presents, for us, our heirs and successors, do ordain,
constitute, and declare that they, the said William Brenton, William Cod-
dington, Nicholas Easton, Benedict Arnold, William Boulston, John Porter,
Samuel Gorton, John Smith, John Weeks, Roger Williams, Thomas Ol-
ney, Gregory Dexter, John Cojrgeshall, Joseph Clarke, Randall Holden. John
Greene, John Roome, William Dyre, Samuel Wildbore, Richard Tew, William
Field, Thomas Harris. James Barker, Rainsborrow, Wil-
liams, and John Nickson, and all such others as now are, or hereafter shall
be, admitted and made free of the company and society of our colony of
Providence Plantations, in the Narragansett bay, in New England, shall be,
from time to time, and forever hereafter, a body corporate and politic, in
fact and name, by the name of ' The Governor and Company of the Eng-
lish Colony of Rhode Island and Providence Plantations, in New England,

8 Rep. No. 581.

in America ;' and that, by the same name, they and their successors shaL
and may have perpetual succession, and shall and may be persons able
and capable in the law to sue and be sued, to plead and be impleaded,
to answer and be answered unto, to defend and to be defended, in all
and singular suits, causes, quarrels, matters, actions, and things, of what
kind or nature soever ; and also to have, take, possess, acquire, and pur-
chase, lands, tenements or hereditaments, or any goods or chattels, and the
same to lease, grant, demise, aliene, bargain, sell, and dispose of, at their
own will and pleasure, as other our liege people of this our realm of Eng-
land, or any corporation or body politic within the same, may lawfully do.
And further, that they, the said governor and company, and their success-
ors, shall and may, forever hereafter, have a common seal, to serve and use
for all matters, causes, things, and affairs whatsoever of them and their suc-
cessors ; and the same seal ;to alter, change, break, and make new, from
time to time, at their will and pleasure, as they shall think fit. And fur-
ther, we will and ordain, and by these presents, for us, our heirs, and suc-
cessors, do declare and appoint, that, for the better ordering and managing
of the affairs and business of the said company and their successors, there
shall be one governor, one deputy governor, and ten assistants, to be, from
time to time, constituted, elected, and chosen out of the freemen of the
said company for the time being, in such manner and form as is hereafter
in these presents expressed ; which said officers shall apply themselves to
take care for the best disposing and ordering of the general business and
affairs of and concerning the lands and hereditaments hereinafter mentioned
to be granted, and the plantation thereof, and the government of the people
there."

Power was also in this charter granted to the General Assembly to
" choose, nominate, and appoint such and so many other persons as they
shall think fit, and shall be willing to accept the same, to be free of the said
company and body politic, and them into the same to admit;" and, in con-
clusive answer to the defence of action in defiance of law — basing tumult-
uous process of change of government upon the assumption that no power
of change or reform resided in the charter authorities — authority was ex-
pressly given "from time to time to make, ordain, constitute, or repeal such
laws, statutes, orders, and ordinances, forms and ceremonies of government
and magistracy, as to them shall seem meet for the good and welfare of the
said company, and for the government and ordering of the lands and here-
ditaments hereinafter mentioned to be granted, and of the people that do, or
at any time hereafter shall, inhabit or be within the same, so as such laws,
ordinances, and constitutions, so made, be not contrary and repugnant unto,
but, as near as may be, agreeable to, the laws of this our realm of England,
considering the nature and constitution of the place and people there."

Such was the charter of 1663 — not a burden imposed, but a bounty earn-
estly petitioned for, and gratefully received, as will be evident from the sol-
emn gratulatory ordinances that commemorated its acceptance.

"At a very great meeting and Assembly of the Freemen of the Colony
of Providence Plantations at Newport, on Rhode Island, in New England,
November 24, 1663—

"The above said Assembly beinge legally called, and orderly met for the
solemn Reception of his Majestyes Gracious Letters patent unto them

Rep. No. 581. 9

sent, and» having in order thereto Chosen the President Benedick Arnold,
Moderator of the Assembly,

"It was ordered and voted ncmine contradicente.

"Voted 1. That Mr. John Clarke, the colony Agent's letter to the Presi-
dent, Assistants, and Freemen of the Colony be opened and read, which
accordingly was done with good delivery and attention.

'-Voted 2. That the box in which the King's gracious Letters were en-
closed be opened, and the Letters, with the Broad Scale thereto affixed, be
taken forth and Read by Captayne George Baxter, in the Audience and
view of all the people; which was accordingly done, and the said Letters,
with his Majestyes Royal Stampe and the Btoad Seale, with much beseem-
ing gravity held up on high and presented to the perfect view of the people,
and so returned into the Box and locked up by the Governor in order to
the safe keeping it.

" Voted 3. That the most humble Thanks of this Colony, unto our gra-
cious Sovereign Lord, King Charles the second of England, &c., for the
high and Inestimable, yea incomparable grace and favor unto the Colony,
in giving those his gracious Letters patent unto us ; thankes may be pre-
sented and returned by the Governor and Deputy Governor in the behalf
of the whole Colony."

In order to perfect the operations of government under this charter, the
court of commissioners surrendered the whole power to the new authorities
in the following terms :

" November 25, the Court of Commissioners sits.

" It is ordered and agreed by this Assembly, that all Bonds and Indict-
ments to the General! Court ot Trialls in March next, shall stand in force:
as also any judgments of Courts Either in the Colony, or any particular
Towns, whereby Execution is already or shall be legally taken forth, may
be served as formerly by the former Generall or Town Sergeant, and until
further order; as also That any Petition formerly presented to a Court of
Commissioners be taken notice of at the next General Assembly, and thus
the Court of Commissioners have ordered to the Recorder five shillings of
each town for his attendance on this Court, and the General Assembly
do dissolve and Resign us to the present Government in obedience to his
Majesty's Commands and Commission^ in his Gracious Letters Patent
under the Broad Seale of England given and granted to this Colony."

From this period to the era of the Revolution, the most radical advocates
of unlimited power of the majority will scarcely contend that the entire
and exclusive right of limiting and prescribing the qualifications of free-
men resided of right in the charter government ; that it was exercised and
acquiesced in, will be apparent from the severallaws cited in the report of
the majority, and of unnecessary repetition here. The act most immedi-
ately affecting the argument is that of 1760, by which the qualification of
suffrage was fixed af £40. The history of the charter, and the character
of the government it established, are so ably delineated in an article from
the North American Review of April, 1844, that the undersigned will
readily be excused lor adopting it.

" It was the good fortune of Connecticut and Rhode Island, that, for a

10 Rep. No. 581.

Ions: period before the Revolution, even from the titce of their*first settle-
ment, they had enjoyed essentially republican forms of government. They
obtained charters from the crown, respectively, in 1662 and the following
year; which, in fact, with merely nominal reservations, empowered the peo-
ple to govern themselves. Chalmers, a royalist writer of the revolutionary
period, objects to these charters as establishing (a mere democracy, or rule
of the people.' Governor Bernard, in his private correspondence with the
British ministry, speaks of 'the two republics of Rhode Island and Con-
necticut,' and says there will be no security for the prerogative in the other
colonies, so long as these two 'democratic governments' are allowed to
exist. That such language Was properly applied to them, appears on the
very face of the charters; which, in truth, authorized the people to choose
all thtir own officers, and enact all their own laws. ' The laws of these
States,' says Grahame, the able and impartial historian of America, 'were
not subject to the negative, nor the judgment of their tribunal* to the re-
view of the king.' Nay, 'so perfectly democratic were their constitutions,
that in neither of them was the governor suffered to exercise a negative on
the resolutions of the Assembly.' These were the great privileges they
enjoyed, and which distinguished them above every other colony in Amer-
ica. There was no necessity, therefore, for amending or abrogating the
charters when the union with England was dissolved. The merely formal
limitations of the power of the colonists — the provision, for instance, that
their laws and ordinances should be ;not contrary and repugnant unto, but,
as near as may be, agreeable to, the laws of this our realm of England' —
then expired of themselves, and from the necessity of the case. After the
Revolution, the people continued, as they had done before, to 'admit free-
men, choose officers,, make laws and ordinances, array the martial force of
the colony for the common defence, enforce martial law, and exercise other
important powers and prerogatives.' In so doing, they conformed to the
practice of all the other colonies at the same epoch, by adhering as closely
as possible to their ancient rights, usages, and institutions. They preserved
both the substance and the form of the constituted body politic throughout
the convulsions of the revolutionary period. During that storm, they did
not sink or abandon the ship; they only deposed the commander, and
changed the flag.

"Although these charters were granted by Charles II, they derived their
whole force and efficacy, within the colonies themselves, from the formal
and voluntary acceptance of them by the people. They were not imposed
upon the colonists, but were solicited by them; they were granted or al-
lowed, and not enacted, by the sovereign power. The draughts were made
by the colonial agents, acting under the instructions of their constituents ;
they were sanctioned by the monarch at their solicitation."

Such was the charter of 1663 — a charter conveying full power of self
government — involving in its highest exercise and most perfect efficiency
the democratic principle of responsibility of public agents, both by frequent
elections, and vesting the entire privilege of choice in the freemen of the
corporation. If there was nothing obnoxious to sensible theory in the
written principles of the charter, still less were the fruits of its action liable
to the imputation of loyal adhesion or anti republican tendency. At the
hazard even of tedious prolixity, your committee, in justice to those so much
maligned for adherence to a charter venerated for its historic associations,
and endeared by its preservation in green vigor of every essential principle

Rep. No. 581. 11

of free government, venture to insert the anticipatory act of independence
passed by the General Assembly of Rhode Island, acting under the royal
charter o'f 1663, in May 1776:

'•AN ACT icpealing an act entitled ' An act for the more effectually securing to his Majrsty
the allegiance of his subjecis in this his colony and dominion of Rhode Island and Provide pee
Plantations,' and altering the forms of commissions of all writs and processes in the courts,
and of i he oath prescribed by law.

u Whereas in all States existing by compact, protection and allegiance
are reciprocal — the latter being only due in consequence of the former ; and
whereas George the Third, king of Great Britain, forgetting his dignity,
regardless of the compact most solemnly entered into, ratified^ind confirmed
to the inhabitants of this colony by his illustrious ancestorsflnd till ot late
fully recognised by him ; and entirely departing from the duties and char-
acter of a good king, instead of protecting, is endeavoring to destroy the
good people of this colony, and of all the united colonies, by sending fleets
and armies to America to confiscate our property, and spread fire, sword,
and desolation throughout our country, in order to compel us to submit to
the most debasing and detestable tyranny, whereby we are obliged by ne-
cessity, and it becomes our highest duty, to use every means with which
God and nature have furnished us, in support of our invaluable righis and
privileges, to oppose that power which is exerted only for our destruction :

"Be if, therefore enacted by this General Assembly, and by the authority
thereof it is enacted. That an act entitled 'An act for the more effectual
securing to his majesty the allegiance of his subjects in this his colony and
dominion of Rhode Island and Providence Plantations,' be, and the same is
hereby, repealed.

" And be it further enacted by this General Assembly, and by the au-
thority thereof it is enacted, That in all commissions for offices, civil and
military, and in all writs and processes in law, whether original, judicial,
or executory, civil or criminal, wherever the name and authority of the
said king is made use of, the same shall be omitted, and in the room thereof
the name and authority of the governor ami company of this colony shall
be substituted in the following words, to wit: 'The governor and company
of the English colony of Khode Island and Providence Plantations.7 That
all such commissions, writs, and processes shall be otherwise of the same
form and tenor as they heretofore were. That the courts of law be no
longer entitled nor considered as the king's courts; and that no instrument
in writing, of any nature or kind, whether public or private, shall in the
date thereof mention the year of the said king's reign : Provided, neverthe-
less, That nothing in this act contained shall render void or vitiate any
commission, writ, process, or instrument heretofore made or executed, on
account of the name and authority of the said king's being therein inserted.

"And be it further enacted by ike authority aforesaid, That the oaths
or engagements to be administered to the officers appointed in this colony
shall be as follows, to wit :

<s GENERAL OFFICERS.

"You, , being, by the free vote of the freemen of this colony of

Rhode Lland and Providence Plantations, elected unto the place of ,

do solemnly engage to be true and faithful unto this said colony, and in
your said office equal justice to do unto all persons, poor and rich, within
this jurisdiction, to the utmost of your skill and ability, without partiality,

12 Fep. No. 581.

according to the laws established, or that may be established by the Gen-
eral Assembly of this colony, as well in matters military as civil ; and this
engagement you make and give upon the peril of the penalty of perjury."

From this period Rhode Island was an independent State ; a new alle-
giance had been pledged ; a new oath of fidelity prescribed ; the protection
denied by the king was sought in the State. And well would it be for the ad-
ministration of the law in the simplest democracy, if the principles of that
oath were observed. From this period the charter became a constitution by
the emphatic and reiterated ratification, in the enactment and execution of
laws, in elections by the people of persons to fill its prescribed offices,
and in their obedience to its authorities: all attested the silent adoption of
this frame of government. Following this State declaration of independence,
was the solemn pledge of united fortunes given to her sister colonies in
July, 1776:

" STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

" In General Assembly > July session, 1776.

"This General Assembly, taking into the most serious consideration the
resolution of the most honorable the General Congress of the United States
of America of the 4th instant, declaring the said States free and indepen-
dent States, do approve the said resolution ; and do most solemnly engage
that we will support the said General Congress, in the said resolution, with
our lives and fortunes."

In May, 1776, the State of Rhode Island instructed her delegates appoint-
ed by the General Assembly to unite her in the confederacy of States, but
with the express reservaiioti of perfect internal independence, and an es-
pecial charge for the preservation of her existing form of government. The
instructions are explicit, and are of importance in elucidating her civil his-
tory. After reciting their appointment, and vesting them \vithcertain neces-
sary powers, the instructions add :

*

"And in conjunction with the delegates from the said United Colonies, or
the major part of them, to enter into and adopt all such measures, taking
the greatest care to secure to this colony, in the strongest and most perfect
manner, its present established form, and all the powers of government, so
far as relate to its internal police and conduct of our own affairs, civil
and religious."

At that early period she had assumed the character of a State, and adopted
its style as designative of the authority of her laws; and, as such, was
recognised by her confederate sisters to full participation in the advantages
and burdens of the Union. Under this charter government, thus become
a State constitution, Rhode Island participated in the patient suffering, the
hardy toil, the earnest perseverance of perilous effort, the glory of final
achievement, that illustrated the war of the Revolution. After a brief
interval of peace, in which the defects of the confederation became appa-
rent, by virtue of ordinances issued by authority of this same denounced
charter, " the freemen of the several towns qualified to vote in the election
of deputies to the General Assembly," under recommendation of the Gen-
eral Assembly, met in convention, and, in May, 1790, solemnly ratified the
constitution of the United States. The authority under which that con-
vention acted is here inserted :

Rep. No. 581. 13

"AN ACT for calling a convention to take into consideration the constitution proposed for
the Uniied States, passed on the 17th of September, A. D. 1787, by the General Convention
held at Philadelphia.

" Be if enacted by this General Assembly, and by the authority thereof
it is hereby enacted, That the new constitution proposed for the United
States, passed on the 17th of September, A. D. 1787, by the general con-
vention held at Philadelphia, be submitted to the people of this State, repre-
sented in a State convention, for their full and free investigation and deci-
sion, agreeably to the resolve of the said convention : That it be recom-
mended to the freemen of the several towns, qualified to vote in the elec-
tion of deputies to the General Assembly, to convene in their respective
towns, in legal town meeting, on the second Monday in February next,
and then to Choose the same number of delegates as they are entitled to
elect deputies to represent them in the said convention ; and that the said
convention be holden at South Kingstown on the first Monday in March
next.

''•And be it further enacted by the authority aforesaid. That the said
convention be, and hereby is, empowered and fully authorized finally to
decide on the suid constitution, as they shall judge to be most conducive to
the interests of the people of this State ; and that the said convention cause
the result of their deliberations arid proceedings relative to the aforesaid
constitution to be transmitted to the President of the United States of
America as soon after the rising thereof as may be.

" It is voted and resolved, That his excellency the governor be, and he
is hereby, requested to transmit a copy of this act to the President of the
United States immediately.

" It is ordered^ That the secretary cause copies hereof to be transmitted
to each town clerk in the State, without the least delay."

It will thus be seen that, in war and an peace, in separate relation, in con-
federate action, and in general union — through all the solemnities of the
creation of States, and the partial merging of their separate existences
into one general whole — in their unlimited exercise of the highest and most
important attributes of popular sovereignty, the charter form of govern-
ment, with its denounced power of restricting or extending suffrage, was
recognised as possessing legitimate authority by the sister States, and no mur-
mur of injustice at the limitations of its laws upon the elective franchise
was heard at a period when appeal to natural rights was solemn necessity,
and something more than the watchword of disorganization, arid the theme
of restless and morbid discontent.

As early as 1798, after the adoption of an act by the people of the char-
ter government as their constitution, changed only by obliteration, by the
sword and issue of war, of the limit of " repugnancy to the English laws,'"
the acknowledged power over suffrage was recognised by the acquies-
cence in change of qualification, which remained substantially the same
until the adoption of the constitution of 1842. The sections applicable
are as follows :

"SECTION 1. Be it enacted by the General Assembly, and by the an-
thor^ty thereof it is enacted, That the freemen of each respective town in
this State, at any o/ their town meetings, shall, and they hereby have, full
power granted them to admit so many persons, inhabitants of their re-

14 Rep. No.. 581.

spective towns, freemen of their towns, as shall be qualified according to
this act.

"SEC. 2. And be ti further enacted^ That no person whosoever shall
be permitted to vote or act as a freeman in any town meeting in this State,
but such only who are inhabitants therein, and who at the time of such
their voting and acting are really and truly possessed, in their own proper
right, of a real estate within this State, to the full value of one hundred
and thirty-four dollars, or which shall rent for seven dollars per annum,
being an estate in fee simple, fee tail, or an estate in reversion, which qual-
ifies no other person to be a freeman, or at least an estate for a person's own
life, or the eldest son of such a freeholder; and that no estate of a less
quality shall entitle any person to the freedom of this State."

From this time frequent efforts were made, through the tegislature, to
form a written constitution, which will be found classed in the appendix to
this report. AH these attempts failed. The people of Rhode Island clung
with tenacity to that ark which had borne them safely through the storms
of two wars, and which had thrown around "life, liberty, and property,"
a security become proverbial.

Dorr movement.

In 1841 a portion of the people of Rhode Island, under the lead of
Thomas W. Dorr, without form of law or consent of any recognised au-
thority, met at Newport and framed a constitution, which, in the same
informal manner, was submitted to the mass of the people for their sanc-
tion. Upon the adoption of this constitution, the most liberal privilege of
voting was accorded — a privilege somewhat impaired of its value by the
fact that it is difficult to discover in what grant or recognition of authority
the power was given to the callers of the proposed convention to furnish the
qualifications or manner of voting upon its adoption ; while, in contrast with
the actual privilege of suffrage, as secured by the constitution, persons were
permitted to vote for its adoption — that is, to impose it upon others — who were
not entitled to exercise the like privileges under its authority. If we pro-
ceed to inquire into this singular violation of every principle of justice, and
even of the pretences by which the act is sought to be justified, we will prob-
ably find it in the fact, that, in the necessity of arriving at a certain nu-
merical result, the means of its attainment were not of scrupulous regard-
that negroes, paupers, persons of immediate and indefinite residence, were
materials good enough to aid in the destruction of government, but they
were not to be intrusted with privileges after their services had been ren-
dered ; thai, to break down the charter government, it was right to associate
with every alliance, and court every prejudice, either of color or charice res-
idence ; but Mr. Dorr, like other ambitious aspirants, was cautious in
providing, in advance, the power to kick from beneath him the ladder of his
ascent. In the generosity and unselfish patriotism of their purpose, the fol-
lowing liberal invitation was extended to all who were desirous, for a mo-
ment, to figure in the capacity of the framers of government :

"ARTICLE XIV.

" Of Ike adoption of tke constitution*

"1. This constitution shall be submitted to the people> for their adoption or rejection, on oNAon*
day, the 27th day ot December next, a,ndon the two succeeding days; and all persons voting are
requested to deposite in the ballot-boxes printed or written tickets in the following form : I am
an American citizen, of the age of twenty-one years, and have my permanent residence or home
in this Slate, 1 am (or not) qualified to vote under the existing 'laws of this State. I vote for

Rep. No. 581. 15

(or against) the constitution formed by the convention of the people assembled at Providence,
and which was proposed to the people by said convention on the 18ih day of November, 1841.

"2 Every voier is requested to write his name en the face of his ticket; arid every person,
eniitled to vole as aforesaid, who, from sickness, or other causes, may be unable to attend and
vole in the town or ward meetings assembled for voting upon said constitution, on the days
aforesaid, is requested to write his name upon a ticket, and to obtain the signature upon the
back of the same of a person who has given in his voie, as a witness thereto. And the modera-
tor or clerk of any lown or ward meeting convened for ihe purpose aforesaid shall receive such
vote, on either of the three days next succeeding the three days before named for voting on said
constitution."

It will be seen that precautions were used to avoid the modest embarrass-
ment which one portion of those thus received momentarily within the pale
of entire civil equality might feel from the fact that previous habit had not
accustomed them to the freedom of association. The blacks of Rhode Island
had been hitherto strangers to the right of imposing laws and constitutions
upon the white citizens of the State; and this may, by supposition, come
within the assignment of "other causes," the existence of which grave the
facility of proxy balloting, for whatever reason asserted. No man can doubt
but that a privilege thus loosely accorded was liable to illimitable and un-
discoverable abuse. Of the numbers voting upon this constitution, nearly
four thousand were by proxy ; and the undersigned here desire explicitly to
state, that there was no evidence before the committee to prove -that one
hundred men, of the thousands voting, possessed even the qualifications be-
fore recited. The materials from which the conclusions of a majority of
the committee are drawn upon this subject, consist of the asserted original
votes, with their unsworn registers; the votes themselves, in their lan-
guage, being the sole evidence of the possession of the asserted qualifications.
That frauds were committed, can scarcely be doubted ; and it is indeed con-
ceded that, in Newport, the very narrow limits of qualification before recited
were lessened, in hundreds, by those desirous of being citizens for a day.

13y thus voting, a majority of estimated adult male citizens of the State
of Rhode Island was asserted to have adopted the proposed constitution ;
and under its provisions a new government was formed, and steps taken
for its organization and recognition, which, for the moment, convulsed the
State of Rhode Island with civil commotion, and threatened results disas-
trous n~t only to her internal peace, but to the integrity of the Union itself.
With the details of this attempt and its suppression, the country is familiar ;
it is matter of late history. With the principles avowed in support of the
movement, it is the duty and purpose of the undersigned to deal. The
undersigned will not detain the House with reference to the charges in the
memorial against the President ; they are more than refuted by the message
of the Executive already printed ; that affords justification too ample for
any corroboration, comment, or matter of fact, to be needed. The action
of the President was merely precautionary ; and, unless the doctrine be
maintained, that a number of people assuming to be the majority of the
ndult citizens of a State have the right by armed array and violence to
seize the public property and archives of the State, and establish a govern-
ment by military organization — unless the constitution, and the law of 1795,
giving vitality to that provision which requires the Executive of the Union
to suppress "domestic violence," both fall before the majesty of tumultuous
numbers, the history of the conduct of the Executive, to every candid
mind, will commend itself for sagacious prudence and calm determination.
That domestic violence existed, is proven by the highest testimony, as will

16 Rep. No. 581.

appear by the following extract from the address of Dorr to the people of
Rhode Island, after his flight from Chepachet :

" Attempt to take possession of the public property.

"Duty and fidelity to ray obligation prescribed a course from which I
felt no disposition to recede; and it was taken, t endeavored to obtain
possession of the public properly still withheld from the-rightful custody,
and to establish the government in fact, in pursuance of the resolution of
the General Assembly ; and with this intention I assembled what appeared
to be a sufficient force to accomplish the object. After a long delay for the
arrival of the military from the country, at an early hour in the morning
of the 18th of May a movement was made upon the arsenal in the city of
Providence, a depot of the State arms, with two hundred and fifty men and
two pieces of artillery ; two others being left behind, through a neglect
which has never been accounted for. The place to be taken was a stone
building of two stories, with artillery in the first, and infantry in the second.
After the opening of the large doors below, it became indefensible against
an assault. The attempt failed from desertion, for want of better organiza-
tion and of officers, and by the disabling of the guns through treachery.
Some persons having access to them, and acting in concert with our ene-
mies, did not intend that anything should be accomplished ; and they pre-
vailed. Shortly after the summoning of the arsenal, about two-fifths of
our men left the ground, by the unauthorized order of a subordinate officer.
The officer first in command under me also disappeared, and was followed
by others. Delay occurred in altering the position of the pieces. An in-
effectual attempt was made to discharge them ; they had been rendered un-
serviceable. The greater portion of the men had become scattered, or had
retired. I directed the pieces to be withdrawn, and left the ground at day-
light, with thirty five or forty men. None remained behind after we had
retired. My warmest acknowledgments are due to the steady good con-
duct of those who kept their places to the last."

The undersigned know not how they can better express their opinion of
that march of violence which was thus checked by the prudence or timid-
ity of the followers of Dorr, or how they can more effectually relieve them-
selves from the reproach of want of sympathy either with the failure of his
attempt or the consequences of his action, than by inserting another portion
of this address. When those united in common effort with him, bound to
his fortune by every sympathy of association, uniting in his action upon
common principle, desert and denounce him, the friends ol peace and or-
der, of stable government and law-regulated liberty, will easily find excuse
in concurrence of disapprobation. The address thus proceeds:

" Subsequent proceedings.

"The failure to accomplish our object, though we were left with the
means before possessed to renew the attempt, naturally encouraged our op-
ponents, and raised the determination on their part to assume the offensive.
Of this we were fully apprized ; and, on returning to headquarters, new
officers were appointed, the means of defence were placed in readiness, and,
at the proper time, the signals were given for all the friends of the consti-
tution to rally for its support. Most of the men had returned to their
places of abode in the city. They did not answer the summons. Many

Rep, No. 581. 17

who had left their arms piled at headquarters did not return. Not a few
who voted for the constitution, and who had sustained it, and the sover-
eignty fiom which it sprang, with their ahility, their zeal and means — some
with the eloquence of the lips and of the pen — appeared in arms on that
day in the ranks of our opponents. Our friends in Providence, with a few
exceptions, yielded to the panic which had been produced by the demon-
stration of the chartists, and absented themselves. Some were imposed
upon by the delusion of a compromise. At this critical moment, when I
had a right to expect the silence, if not the co-operation of those associated
with me in the government, nearly all the members of the legislature from
the city of Providence resigned their offices. They subsequently published
a handbill to proclaim the stand they had taken, in, which my proceedings
were called 'deplorable and destructive,' and I was condemned and de-
nounced, and virtually handed over to the dealings of the enemy. This
handbill was submitted to the charter governor. Several of these members
of the legislature joined in addressing to me a letter of similar import, to
announce their resignation, and that their support, and that of the citizens,
were withdrawn from me."

And now, when order is restored, when the "sober second thought" of
the agents of this unnecessary attempt at revolution has prompted them " to
withdraw" from further effort at disturbance, the action of Congress is re-
quested, to call up from the depths of its repose the laid spirit of discontent
and civil excitement, and use its federal powers to flood the plains of a
sovereign State with the blood of fraternal collision. We will neither per-
mit ourselves to dwell further upon this point, nor to doubt the action which
the House, in view of their high and solemn duties, will take in the matter.
A more serious task is before us. The violence in Rhode Island has
been quelled, and yet we fear that, like the dragon's teeth buried by
Cadmus, the principles on which it has been justified are to spring up,
through an agency too potent to be controled, with the armed elements of
more extensive destructiveness. The able report of the majority of the
committee is well calculated to give prominent strength to those doctrines
asserted in the memorial, which we had hoped were not to be revived by a
more reputable agency — doctrines which, in utmost sincerity of heart, the
undersigned believe to be pregnant with fatal and irremediable evil. We
understand the report of the majority to contend (and in this it conforms
to the spirit of the memorial) that a majority of the male adult citizens of
any State have the right, in their original sovereign unlimited capacity,
without sanction of law, and against the will both of the minority and exist-
ing authorities, to change or destroy a government they themselves may
have formed, or which had been formed even prior to their becoming
citizens under its provisions; that in any State of this Union, a majority of
male adults, whether native born, or naturalized aliens, have, at any time,
and as often as they will, without regard to existing and prescribed forms
of change, the unalienable right to destroy existing government. And that
to justify this act of forcible and unwarranted change, any limitation suf-
frage, short of universal enjoyment, is sufficient; because suffrage is a
natural right, and any constitution which limits its exercise is anti-repub-
lican and unjust. They contend that these positions are supported by the
highest authorities, and recognised and incorporated in the constitutions of
the several States of this Union, and particularly embodied in the declara-
independence. From each and every principle here avowed, with
2

18 Rep. No. 581.

a full knowledge of the prejudice of the declaration, we deliberately and in
our calm judgment dissent. We are not to be misunderstood ; in our
argument upon these subjects, we must not be considered as confounding
expediency and right, and especially in denying that suffrage is a natural
right, or anything more than a conventional means for securing the great
objects of government, and, as resulting from its nature, liable to limitation
and restriction, we do not mean to convey the idea that we are in favor
of such limitation. Living in a State whose constitution extends the ut-
most liberality of elective franchise, our own experience of its operation
confirms the propriety of such extension. With this explanation, the under-
signed proceed with their response to these doctrines. We acknowledge,
without limitation, the right of the people in any community to institute
or originate government ; that is, to consent to vest certain powers in a
common agency, to act for and to protect the whole. That exercise of this
right is a necessity of society ; the object being to secure weakness
against the oppression of strength, mildness against violence, and the accu-
mulations of labor against rapacity. In a state of nature, each is morally
equal — each sovereign ; and the government founded in their consent is
gifted with the accumulation of such power of each as is parted with in the
terms of compact. In this mode of government, each surrenders to the
whole, and to the other, the power that is deemed necessary to vest in the
common agency — the government ; -thus the government, or constitution,
becomes the mutual contract of all. The very right to institute govern-
ment, the right of individuals to part with a portion of natural power for
the advantages of associated strength, necessarily implies the obligation of
being bound by the compact so formed; the duty of obedience is a neces-
sary corollary to the right to contract. When the society is thus formed
by consent, men lose their natural character of individuals to the extent of
the powers parted with, and assume civil characters and duties. In this
contract, there is either express or implied power of change of its terms, to
adapt its uses to the corresponding changes in the moral and physical
world and the necessities of man. If the mode of change is expressly pro-
vided for, that mode is unquestionably part of the original contract and
must be observed, unless abandoned by universal consent. If none be ex-
pressed, we contend that it is embraced within the powers of that agent
which can alone be assumed to express the consent of all — -the legislative
branch of government. Any number of men, in assembling upon unoccu-
pied territory, or acquiring a right to it by any recognised mode of acqui-
sition, have unquestionably the power to prescribe the terms by which
others, strangers to them, shall become participants in their rights : other-
wise, there would be no security in the acquisition of property, and no in-
justice in its violent deprivation. To apply these principles to the case so
admirably illustrative of them — the settlement of Rhode Island : A certain
number of individuals take possession of limited territory, and become pur-
chasers from acknowledged proprietors. They form a compact among
themselves, binding upon them and each. Would it not be absurd to con-
tend that they could bind themselves and each other, and yet have no right
to impose limits or restrictions upon others who sought their association'/
Is there a natural right of intrusion upon the possessions of another? If
not, cannot that other bar such intrusion rightfully, or define conditions
upon which admission may be had? The charter of 1663 expressly
gave to the inhabitants of Khode Island the right to' govern others who

Rep. No. 581. 19

might, become inhabitants of the same colony. This power was con-
ferred by its undoubted possessors at that period. Thus, certainly up to
the time of the Revolution, ail who were added to the population of
Rhode Island, either by birth or by intrusion, were bound by the recognised
conditions of the society into which they entered, and, by remaining within
the limits of charter control, acknowledged the power then contained in the
charter, to pass laws prescribing the terms upon which they might become
citizens. Nor did the Revolution change the charter, except so far as it was
inconsistent in its terms with the new state of society. The population of
Rhode Island at the period of the Revolution was less than sixty thousand ;
at the time of the Dorr movement it numbered more than one hundred and
eight thousand. Now, we contend that as, by general sanction, the charter,
after the Revolution, by the evidence of near half a century of actual obe-
dience, was adopted as the supreme law or constitution of the State of Rhode
Island, every |>erson added to the population became, by fact of residence,
bound to acknowledge its authority until legitimately changed.

We have before shown that, by express grant in the charter, the power
to change its character was vested in the legislative agents, only limited by
a restriction which fell with the Revolution. But leaving abstractions, we
are not to learn, in this advanced age of enlightened civilization, that there
is vitality in government — that there is allegiance due to constituted au-
thorities ; and the offence of treason still remains prominent in the calendar
of crime. We repeat, that the right of the people to form a government is
undoubted ; thai it is a right not incident to majorities or minorities, but
common to the whole and to each ; but that after a government is so formed,
the majority have no right to change>or alter it, as an exercise of peace-
ful authority, without common consent, and that that consent can only
be given through the common agency — that which, instituted by all, directs
and acts for all. We assert, that the right contended for by the committee
finds no sanction in authority, and is violative of every principle of justice.
But, before we proceed to prove our position, by citation of the many au-
thorities relied upon in support of the positions of the majority, let us briefly
examine the monstrous results to which the admission of these doctrines
would necessarily lead. If the majority of a whole people associated
under government are supreme, above law and constitution, their will is
the only limit of their act — natural rights have no existence, because the
supremacy of this will may decree their destruction ; minorities are slaves,
to whom obedience becomes sacred duty ; because, if the majority, in natural
capacity, have the right to order, that very right makes resistance crime ;
two conflicting rights cannot exist together. Now the committee contend
that suffrage is a natural right; but the majority have a right to frame and
make such laws and government as they please ; they, from fact of su-
premacy, submit to no supervisory control or judicial veto upon their ca-
price. Suppose it pleases the majority to decree that suffrage should pertain
to pauperism, and not to property; they have the riofht so to order, upon the
position assumed, and thus the natural right of suffrage shrinks within the
compass of absence of possession, and nudity of means becomes the badge
and patent of citizenship. Again : It is faintly intimated by the committee,
that property, at least in large masses, has a tendency to infuse anti-repub-
lican sentiments, and to endow its possessors with some aristocratic notions
at war with the truth of perfect civil and social equality. So may the ma-
jority think ; and, therefore, to the great end of securing free and liberal

20 Rep. No. 581.

government, they may decree and order that an equal division of property fe
essential to the good of the community; and thus is agranariism. in its mod-
ern acceptation, made rightful. Again ; The majority have the right, it is
said, to frame and constitute, and alter, at will, governments. This right
acknowledges no limit ; it is indefinite, without boundary. Suppose per-
chance the majority, tired of liberty, like the frogs in the fable, should will
the experiment of a monarchy; — a tumultuous meeting, a hurried decree,
and Rhode Island becomes at once, in defiance of the constitution of the
United States, a monarchy in the midst of republics. The argument is the
defence of a mob — the assertion of the divine right of the tyranny of
numbers — at war with common sense, with acknowledged justice, with
public good, with private security, and fit to be calendared with the
worst promulgations of that creed of rights that dyed France with the
crimson of passion in its riot and crime in most hideous deformity.
The argument, however, possesses not even the plausible shape of assert-
ing the rights of the majority of the people. The Dorr constitution;
whose supremacy it is intend* d to support, was adopted, it is alleged, by
a vote of some thirteen thousand out of more than one hundred thousand
people ; and. in order to avail themselves of the aid of this assertion of the
right of a majority of the people to frame and alter government at will,
both the memorialists and the committee assume the privilege of consti-
tuting arbitrary rules for the definition of a general term. They assert that
this illimitable right reposes in a majority of the male adult inhabitants of
every State or community. The undersigned knew not before that nature
had marked the period at which natural rights mature- that they were
more perfect at twenty-one, and more vigorous in the male sex. than at any
other period of masculine life, or in the fairer portion of the human family.
They were well aware that consent, by arbitrary rule, in this country and
England, had affixed the full perfection of enjoyment of civil privileges at
twenty-one, in the same manner that the Jews designated the age of twenty,
and the Romans (and all other countries, it is believed, even in modern pe-
riods, where the civil law prevails) twenty five, as the era of sufficient dis-
cretion to assume civil responsibility. They were equally aware that, by
the constitution of the United States, it was deemed proper, in view of the
power to be exercised, that no man should act. as representative of the
people in the national councils until twenty five, or of the States until the
majority of thirty years had given more supposed maturity and gravity to
discretion and judgment ; but they now learn, for the first time, that these
conflicting ordinances of civil authority accord with great natural law.
Upon the premises assumed by the committee, of a natural right of a ma-
jority of the people to change governments at pleasure, we deny that the
suffrage constitution can claim this sanction until, by some new process of
calculation or combination of numbers, 13,000 is proven to be a majority
of 108,000. We now, however, proceed to array, in antagonist position to
the arguments of the memorialists, the authorities of wisdom and of patriot-
ism— venerable not merely for profound sagacity, but for the practical evi-
dences of services in the great cause of civil freedom. First of all, to prove
our position that governments once instituted are more than the movable
agencies cf popular change, we cite the very authority relied upon by the
majority of the committee. He whose head never rested upon his pillow
without a prayer for the honorable prosperity of the great institutions he
had such agency in founding — he whose love of freedom and devotion to

Rep. No. 581. 21

the principles of the most enlarged liberty was exemplified in the glorious
history of a long life of peril and sacrifice for their achievement, thus writes
of the powers of government, and the mode of their change:

" The basis of our political systems is the right of the people to make and
alter their constitutions of government; but the constitution which at any
time exists, until changed by an explicit and authentic act of the whole
people, is sacredly obligatory upon all Tne very idea of the power and
right of the people to establish government, presupposes the duty of every
individual to obey the established government.

"All obstructions to the execution of the laws, all combinations and as-
sociations under whatever plausible character, with the real design to direct,
control, counteract, or awe the regular deliberation and action of the con-
stituted authorities, are destructive of this fundamental principle, and of
fatal tendency. They serve to organize faction ; to give it an artificial and
extraordinary force; to put in the place of the delegated will of the nation,
the will of a party— often a small, but artful and enterprising minority of
the community ; and, according to the alternate triumphs of different parties,
to make the public administration the mirror of the ill-concerted and incon-
gruous projects of faction, rather than the organ of consistent and whole-
some plans, digested by common counsels, and modified by mutual interests.

" However combinations and associations of the above description may
now and then answer popular ends, they are likely, in the course of time
and things, to become potent engines by which cunning, ambitious, and
unprincipled men will be enabled to subvert the power of the people, and
to usurp for themselves the government ; destroying afterwards the very
engines which have* lifted them to unjust dominion." — President Washing-
ton's Farewell Address.

To this doctrine we yield our entire assent. The change must be wrought
by the same power that created the original — by the whole people, or
through the sole organ that embodies the power and expresses the will of
the whole — the constituted authorities of legislative agency; not by act of
an arbitrary majority having to resort to the many artificial rules they
deny, for self constitution. When change is thus wrought, it is peaceful
and legitimate reform; through any other mode, it is revolution by force.
But the committee rely upon the authority of Thomas Paine, whose error
(if his writings are subject to such imputation) was certainly not in seeking
to limit popular power, or restrain its exercise ; and yet to this authority
the undersigned refer with full confidence of support. Mr. Paine, in his
dissertations upon government, thus writes:

"In republics, such as those established in America, the sovereign power,
or the power over which there is no control, and which controls all others,
remains where nature placed it — in the people; for the people in America
are the fountain of power. It remains there as a matter of right, recognised
in the constitutions of the country; and the exercise of it is constitutional
and legal. This sovereignty is exercised in electing and deputing a cer-
tain number of persons to represent and act for the whole, and who, if they
do not act right, may be displaced by the same power that placed them
there, and others elected or deputed in their stead, and the wrong measures
of former representatives corrected and brought right by this means.
Therefore, the republican form and principle leaves no room for insurrec-
tion, because it provides and establishes a rightful means in its stead."

22 Rep. No. 581.

And in this extract are embodied the true principles of our government
The remedy for evils in this country is not in multitudinous violence, bu«
in .the peaceful reform of the ballot box. The guard against abuse of
power, is in popular responsibility ; and the remedy of revolution is
scarcely intelligible, when the power of rulers is not only limited by elective
supervision, but the enactments of their will are subject to the restraint of ju-
dicial scrutiny and control. But, in further and more emphatic condemna-
tion of the radical and destructive doctrine of the absolute right of an arti-
ficial majority, he proceeds, (p. 327, vol. 1:) " When a people agree to form
themselves into a republic, it is to be understood that they mutually resolve
and pledge themselves to each other, rich and poor alike, to support and
maintain this rule of equal justice among them. They, therefore, renounce
not only the despotic form, but the despotic principle as well of governing
as of being governed by mere will and power, and substitute in its place a
government of justice. In this pledge and compact lies the foundation of
the republic ; and the security to the rich, and the consolation to the poor,
is, that what each man has is his own ; that no despotic sovereign can take
it from him; and that the common cementing principle which holds all the
parts of a republic together, saves him likewiseyrom the despotism ofnu-rri'
bers ; for despotism may be more effectually acted by many over a few,
than by one man over all." But the majority of the committee dissent
from this opinion. They see tyranny in written law and elective respon-
sibility, while the control of numbers is sanctified as the conservative prin-
ciple of civil security. The despotism of a royal charter, made active
through the entire elective system of its authorities, is to them abhorrent ;
while "the more effectual despotism of many ov«?r a few" is chronicled
among the natural rights of man, which no form of law or universality of
consent can limit or restrain. Further upon this point, the same writer
says : u In this place, it naturally presents itself that the people, in their
original compact of equal justice, or first principles of a republic, renounced
as despotic, detestable, and unjust, the assuming a right of breaking and
violating their engagements, contracts, and compacts with, or defrauding,
imposing, or tyrannizing over each other; and, therefore, the representa-
tives cannot make an act to do it for them, and any such an act would be au
attempt to depose, not the personal sovereign, but the sovereign principle of
the republic, and to introduce despotism in its stead." " A republic, prop-
erly understood, is a sovereignty of justice, in contradistinction to a sove-
reignty of will." It is the authority of Paine, a writer quoted with appro-
bation by the majority, not the argument of the undersigned, that denounces
" as despotic, detestable, and unjust, the assuming a right of breaking and
violating their engagements, contracts, and compacts with," "or tyranni-
zing over each other," as applied to the action of the people in a mode not
conformable to the civil compact of government ; it is the same authority
that draws the essential difference between the republicanism of agreement,
and the "sovereignty of will" maintained by a majority of the committee.

Surely, there is nothing in all this argument of Mr. Paine to justify the
unauthentic action of an assumed and incongruous majority — made up, it
is fair to urge, of elements confessedly wanting civil capacities, (because
the very constitution they voted to adopt precluded masses of them, by ad-
ditional restriction, from exercising the same privilege under it,) - in over-
throwing established government, in producing the evil of chaotic division,
that they might in their caprice re-organize so called government out of it.

Rep. No. 581. 23

The committee are not more fortunate in the citation from Judge Story, to
make authentic their dissension from the acknowledged (but by them, as
the undersigned conceive, misconstrued) doctrine of the right of the whole
people to originate and change forms of government, and to vest in arbi-
trary limited majority, by utter confusion of terms, the rights of the whole
people. The majority of the committee invoke the wisdom of this learned
judge, as recorded in the first volume, page 305, of his Commentaries.

" The understanding is general, if not universal, that having been adopt-
ed by a majority of the people, the constitution of the State binds the whole
community propio vigore, and is unalterable, unless by the consent of the
majority of the people, or at least of the qualified voters of the State in the
manner prescribed by the constitution, or otherwise provided for by the ma-
jority. No right exists, or is supposed to exist, on the part of any town or
county, or other organized body within the State, short of a majority of the
whole people of the State, to alter or suspend, resist or dissolve the operation
of that constitution, or to withdraw themselves from its jurisdiction," (fee.

The undersigned scarcely deem comment necessary to indicate the em-
phatic denial which is herein given to the right assumed in the argument
of the committee. The committee assert that a majority of the male adult
citizens of any State have the right, of their own mere act, to change and
alter government and supersede law, whether there be any mode prescribed
for such change or not ; that this right results from the sovereignty as-
serted to reside in such adult male majority. Judge Story, on the contrary,
contends "the constitution of the State binds the whole communityjpropno
vigore, and is unalterable, unless by the consent of the majority of the
people, or at least of the qualified voters of the State (mark it !) in the man-
ner prescribed, by the constitution, or otherwise provided for by the ma-
jority." t; No right exists, or is supposed to exist, on the part of any town
or county, or other organized body within the State, short of a majority of
the whole people of the State, to alter or suspend, resist or dissolve the op-
eration of that constitution, or to withdraw themselv.es from its jurisdiction,"
If this be authority, — if this argument supports the doctrine of the com-
mittee, the undersigned are indeed incapable of understanding the direction
of. reasoning, or the force and meaning of language. But Judge Story has
not left us to doubt his opinions upon the duty of the citizen to the State he
inhabits. It necessarily results from the argument of the committee, that
no treason can be committed against the State. Treason is an offence
against that power in which resides the active political sovereignty. If this
sovereignty exists in the majority, treason alone consists in resisting its will ;
and, in the case submitted, upon the hypothesis of the committee, the char-
ter authorities were guilty of treason in refusing to surrender the reins of
government to the new Phaeton of the people's convention. And yet
Judge Story, relied upon by them as an ally, makes this significant charge
to the grand jury of the circuit court of the United States^ in June, 1842 :
" But it is not every act of treason by levying war, that is treason against
the United States. It may be, and often is, aimed altogether against the
sovereignty of a particular State. Thus, for example, if the object of an
assembly of persons met with force is to overturn the government or con-
stitution of a State, or to prevent the due exercise of its sovereign powers,
or to resist the execution of any one or more of its general laws, but with-
out any intention whatsoever to intermeddle with the relations of that State
with the National Government, or to displace the national laws or sover-

24 Rep. No. 581.

eignty therein, every overt act done with force towards the execution of such
a treasonable purpose is treason against, the State, and against the State only,
It is in no just sense a levying of war against the United States. But
treason may be begun against a State, and may be mixed up or merged in
treason against the United States. Thus, if the treasonable purpose be to
overthrow the government of the State, and forcibly to withdraw it from
the Union, and thereby to prevent the exercise of the national sovereignty
within the limits of the State, that would be treason against the United
States. So, if the troops of the United States should be called out by the
President, in pursuance of the duty enjoined by the constitution, upon the
application of the State legislature, or the State executive when the legisla-
ture cannot be convened, to protect the State against domestic violence-,
and there should be an assembly of persons with force to resist and oppose
the troops so called out by the President, that would be a levy of war
against the United States, although the primary intention of the insurgents
may have been only the overthrow of the State government or State laws.
These cases sufficiently point out the distinction to which I have alluded,
and it is not necessary upon the present occasion to go into more minute
details."

The sovereignty of the State thus explicitly asserted, and its integrity
hedged in by the penalties of treason attached to attempts at its subversion,
is utterly inconsistent with that other sovereignty, which, it is contended by
the committee, resides in the male adult majority of citizens. Supremacy
is single, not compound — a unit, not a mere duplicate of equal opposite au-
thority. Again : if this argument be correct, faction is the offence of minor-
ities alone ; and that which was criminal in its initiation, may, by mere ac-
cession of numbers, become rightful. And yet Mr. Madison, who can-
not be chargeable with enmity to the most enlarged scope of popular right,
thus discourses of the evils of unstable government, and even uses language
which, under the argument of the committee, will scarcely be intelligible,
because he speaks of " the rights of minorities," whose rights, if the com-
mittee be correct, consist in mute and meek obedience to the will of the
major voice.

In No. 10 of the Federalist, Mr. Madison says :

" Complaints are everywhere heard from our most considerate and virtu-
ous citizens, equally the friends of public and private faith, and of public
and personal liberty, that our governments are too unstable ; that the pub-
lic good is disregarded in the conflicts of rival parties; and that measures
are too often decided, not according to the rules of justice and the rights of
the minor party, but by the superior force of an interested and overbearing
majority. However anxiously we may wish that these complaints had no
foundation, the evidence of known facts will not permit us to deny that
they are in some degree true. It will be found, indeed, on a candid review
of our situation, that some of the distresses under which we labor have been
erroneously charged on the operation of our governments; but it will be
found, at the same time, that other causes will not alone account for many
of our heaviest misfortunes, and particularly for that prevailing and in-
creasing distrust of public engagements, and alarm for private rights, which
are echoed from one end of the continent to the other. These must be
chiefly, if not wholly, effects of the unsteadiness and injustice with which a
factious spirit has tainted our public administrations.

Rep. No. 581. 25

<: By a faction, f understand a number of citizens, whether amounting to
a majority or minority of the whole, who are united and actuated by some
common impulse of passion or of interest, adverse to the rights of other cit-
izens, or to the permanent and aggregate interest of the community."

********

"If a faction consist of less than a majority, relief is supplied by the re-
publican principle, which enables the majority to defeat its sinister views by
regular vote. It may clog the administration ; it may convulse the society ;
bin it will be unable to execute and mask its violence under the forms of
the constitution. When a majority is included in a faction, the form of
popular government, on the other hand, enables it to sacrifice to its ruling
passion or interest both the public good and the rights of other citizens. To
secure the public good and private rights against the danger of such a fac-
tion, and at the same time to preserve the spirit and form of popular gov-
ernment, is then the great object to which our inquiries are directed. Let
me add, that it is the great desideratum by which alone this form of govern-
ment can be rescued from the opprobrium under which it has ?o long la-
bored, and be recommended to the esteem and adoption of mankind."

Again, in arguing the necessity of the insertion of the article engaging
the force of the General Government in aid of States harassed by domestic
violence, Mr. Madison, in No. 43 of the Federalist, not only sets precise
limits to the caprice of the major will, but indicates the necessity of this in-
tervention in the possible contingency of an insurrectionary movement, in
which "the minority of citizens may become a majority of persons, by the
accession of alien residents, of a casual concourse of adventurers, or of those
whom the constitution of the Stale has not admitted to the right of suf-
frage." We insert other portions of this article immediately pertinent to
the subject :

"At first view, it might not seem to square with the republican theory to
suppose either that the majority have not the right, or that the minority will
have the force to subvert a government; and, consequently, that the federal
interposition can never be required but when it would be improper. But
theoretic reasoning in this, as in most other cases, must be qualified by the
lessons of practice. Why may not illicit combinations, for purposes of vio-
lence, be formed as well by a majority of a State, especially a small State, as
by a majority of a county or a district of the same State? and if the au-
thority of the State ought, in the latter case, to protect the local magistracy,
ought not the federal authority, in the former, to support the State authority ?
Besides, there are certain parts of the State constitutions which are so inter-
woven with the federal constitution, that a violent blow cannot be given to
the one, without communicating the wound to the other. Insurrections in
a State will rarely induce a federal interposition, unless the number con-
cerned in them bear some proportion to the friends of government. It will
be much better that the violence in such cases should be repressed by the
superintending power, than that the majority should be left to maintain their
cause by a bloody and obstinate contest. The existence of a right to inter-
pose will generally prevent the necessity of exerting it.

41 Is it true that force and right are necessarily on the same side in repub-
lican governments? May not the minor party possess such a superiority of
pecuniary resources, of military talents and experience, or of secret succors
from foreign powers, as will render it superior also in an appeal to the sword?

26 Rep. No. 581.

>

May not a more compact and advantageous position turn thescaleon the same
side against a superior number so situated as to be less capable of a prompt and
collected exertion of its strength ? Nothing can be more chimerical than to
imagine that, in a trial of actual force, victory may be calculated by the rules
which prevail in a census of the inhabitants, or which determine the event
of an election. May it not happen, in fine, that the minority of citizens
may become a majority of persons, by the accession of alien-residents, of a
casual concourse of adventurers, or of those whom the constitution of the
State has not admitted to the right of suffrage? I take no notice of an un-
happy species of population abounding in some of the States, who, during
the calm of regular government, are sunk below the level of men ; but who,
in the tempestuous scenes of civil violence, may emerge into the human
character, and give a superiority of strength to any party with whom they
may associate themselves."

More direct still — more cogent — conclusive upon the issue between the
majority of the committee and the undersigned, is the next extract from
the writings of Mr. Madison, to which we shall refer. Whatever plausi-
bility and speciousness the argument of the absolute right of a majority
(waiving even the inevitable objection to the mode of its constitution by
the arbitrary rules of age and sex) to originate and alter government at will,
might have applied to a State standing alone, and independent of federal
relation, all this character is lost in view of the constitution of the General
Government. It is not now a question that the General Government is su-
preme within the limits of its powers, and that the State constitutions and
laws must bow obedience to its prohibitions. It is essential to the national
union that the integrity of State sovereignty, its corporate political capa-
city, should be presumed. So intimately blended in union, fate, and interest,
are the States individually, and in their aggregate character of an entire na-
tional government, that it has been difficult to define the offence of trea-
son as against a State, which would not involve a similar crime against the
United States. — (3d Story, 173.) It has been before shown that the au-
thorities of the United States only recognise the States in their political ca-
pacity ; that to them the guaranty of protection is given ; the application
of the executive or legislature alone can claim national interference — and
that, too, as well against the people of the States illegally acting, as against
foreign invasion, without respect even to the divine right of arbitrary or ar-
tificial and " factitious majorities." To guard the existence of these very
political confederations, which we are now told of right depend upon the
capricious sufferance of mere "major will," the strong guarantees in the
constitution were introduced ; and the casnsfmderis of their necessary ex-
ercise is when the State authorities, and the citizens who sustain them, are
in a minority, threatened, or sought lo be oppressed or injured by the ma-
jority acting without and beyond the sanctions of existing law. As if in
the spirit of prophecy — at least in that infinite sagacity which almost as-
sumes the attribute of prescience — the very case now submitted, of the very
State of Rhode Island, is suggested by Mr. Madison as illustrating the ne-
cessity of arming the General Government with this protective power of
shielding the minority against the majority, in the following extract from
the Federalist, No. 51.

"It is of great importance in a republic, not only to guard the society
against the oppression of its rulers, but to guard one part of the society

Rep. No. 581. 27

against the injustice of the other part. Different interests necessarily exist
in different classes of citizens. If a majority he united by a common in-
terest, the rights of the minority will be insecure. There are but two
methods of providing against this evil: the one, by creating a will in the
community independent of the majority — that is, of the society itself; the
other, by comprehending in the society so many separate descriptions of
citizens us will render an unjust combination of a majority of the whole
very improbable, if not impracticable. The first method prevails in all
governments possessing an hereditary or self appointed authority.

11 This, at best, is but a precarious security ; because a power independent
of the society may as well espouse the unjust views of the major, as the
rightful interests of the minor party, and may possibly be turned against
both parties. The second method will be exemplified in the federal repub-
lic of the United States. Whilst all authority in it will be derived from,
and dependent on, the society, the society itself will be broken into so many
parts, interests, and classes of citizens, that the rights of individuals, or of
the minority, will be in little danger from interested combinations of the
majority. In a free government, the security for civil rights must be the
same as that for religious rights. It consists, in the one case, in the multi-
plicity of interests: and in the other, in the multiplicity of sects. The de-
gree of security, in both cases, will depend on the number of interests and
sects; and this may be presumed to depend on the extent of country and
number of people comprehended under the same government.

"This view of the subject must particularly recommend a proper federal
system to all the sincere and considerate friends of republican government;
since it shows that, in exact proportion as the territory of the Union may
be formed into more circumscribed confederacies or States, oppressive com-
binations of a majority will be facilitated ; the best security under the re-
publican form, for the rights of every class of citizens, will be diminished ;
and, consequently, the stability and independence of some member of the
Government, (the only other security,) must be proportionally increased. Jus-
tice is the end of government. It is the end of civil society. It ever has
been, and ever will be, pursued, until it be obtained, or until liberty be lost
in the pursuit. In a society, under the forms of which the stronger faction
can readily unite and oppress the weaker, anarchy may as truly be said to
reign as in a state of nature, where the weaker individual is not secured
against the violence of the stronger. And as, in the latter state, even the
stronger individuals are prompted, by the uncertainty of their condition, to
submit to a government which may protect the weak as well as themselves;
so, in the former state, will the more powerful factions or parties be grad-
ually induced by a like motive, to wish for a government which will pro-
tect all parties, the weaker as well as the more powerful. It can be little
doubted that if the State of Rhode Inland was separated from the confed-
eracy and left to itself, the insecurity of rights under the popular form
of government within such narrow limits would be displayed by such re-
iterated oppressions of factious majorities, that some power, altogether in-
dependent of the people, would soon be called for by the voice of the very
factions ivho$e misrule had proved the ntcessity of it.

" In the extended republic of the United States, and among the great
variety of interests, parties, and sects which it embraces, a coalition of a
majority of the whole society could seldom take place upon any other prin-
ciples than those of justice and the general good ; whilst there being thus

28 Rep. No. 581.

less danger to a minor from the will of the major party, there must be less
pretext also to provide for the security of the former, by introducing into
the government a will not dependent on the latter; or, in other words, a
will independent of the society itself. It is no less certain than it is im-
portant, notwithstanding the contrary opinions which have been entertain-
ed, that the larger the society, provided it lie within practicable sphere, the
more duly capable it will be of self government.

"And, happily for the republican cause, the practicable sphere may be
carried to a very great extent by a judicious modification and mixture of
the federal principle."

The majority of the committee cite the language of the constitutions of the
several States, as embodying the doctrine of the absolute right of the ma-
jority of male adult citizens to change at will the State constitutions. We
conceive that they have entirely mistaken the purpose of a declaration of
rights, and the true meaning of its clauses; and contend that, if their doctrines
be admitted, they are destructive of all those assertions of natural right from
which they profess to be deduced. The period when the old State consti-
tutions were formed was either contemporary with, or early succeeding
the declaration of independence. At that time the States were several, only
allied by the necessity of mutual defence, and for the object of concentrated
strength ; and each embodied in, or prefixed to, the constitution of State
powers, the reasons for their separation from England, and the argument
upon which they defended the independent relation they assumed. The
recital of rights was a simple declaration of independence of the several
States — the argument of justifiable revolution, not the reservation of the
privilege of peaceful reform. The States since united to the confederacy
have simply emulated this example, without reference to the absence of
similar necessity in which it originated. That this is the true character of
the charter of rights found in most of the State constitutions, is evident
from the fact that in nearly every one the mode of changing the constitu-
tion is specifically directed ; and those in which no specific mode was de-
signated, have invariably, as in the case of Virginia, worked that change by
a convention called at the instance, and acting upon the basis prescribed by
the legislatures. The case of Maryland will well illustrate the error of a
majority of the committee, and the view taken by the undersigned. The
fourth article of the declaration of rights of that State asserts that " When-
ever the ettds of government are perverted, and the public liberty mani-
festly endangered, and all other means of redress are ineffectual, the people
may, and of right ought to reform the old, or establish a neio government.
The doctrine of non resistance against arbitrary power and oppression is
absurd, slavish, and destructive of the good and happiness of mankind"
And to each word and sentence of this good old doctrine of our own noble
State, the undersigned yield a cordial assent and filial reverence. But what
says it? That ''whenever the ends of government are perverted, arid the pub-
lic liberty manifestly endangered," the people should change that govern-
ment. What are the ends of government ? We are taught that they are " life,
liberty, and the pursuit of happiness." And will the majority apply this rule
to the movement in Rhode Island? When was life insecure, liberty en-
dangered, or the pursuit of happiness, whether of a temporal or eternal na-
ture, retarded by the charter government of Rhode island? We challenge
the facts that would authorize the assertion. The history of the internal
government of Rhode Island is a history of peace, of growing prosperity, of

Rep. No. 581. 29

private security, of public order, until the restless demon of impatient am-
bition threw its mud agents into the elements of her civil happiness ; then
sprung up ills it had near required the searing cautery of the cold, un-
sympathising steel to cure. But, without weighing the value of the cause
which should properly authorize this popular assertion of right, no man
who reads candidly can fail to perceive that the whole tenor of the article
is to justify resort to forcible redress — to revolution — when no other means
of remedying intolerable ills was left, and the alternatives presented were
either resistance or '• slavish submission and passive obedience." The old
fathers of Maryland did not. however, by using ambiguous phraseology,
leave to ingenius sophistry the means of destroying their work- The
declaration of rights was the consecration of the constitution — the pub-
lic dedication of the great fabric of fundamental law they were then erect-
ing. When that fabric was complete, they left not to speculation, to in-
genious doubts, or popular appeal, the means of remedying any defect that
time and experiment might develop, but at the same time they equally
guarded against the caprice of popular change, and effectually controlled the
erection within the State of an altar to that to them "unknown god," the
divine right of a fallible majority. By the 59th article of the constitu-
tion, they declare, "that this form of government, and the declaration of
rights, and no part thereof, shall be altered, changed, or abolished, unless a
bill so to alter, change, or abolish the same shall pass the General Assem-
bly, and be published at least three months before a new election, and shall
be confirmed by the General Assembly after a new election of delegates in
the first session after such new election," &c.

Again : we are informed that the constitution now existing in Rhode Island
was not adopted by a majorityof adult male citizens, and therefore is not the
fundamental law of that State. It would be perilous toextend investigation
-upon such a principle. A majority of those legally entitled to vote, by the ne-
cessity of society, represent the whole. Those who fail to exercise the right,
are presumed to assent to the action of the majority; and to dissent from
this principle, would render the operation of all government impracticable.
Laws are passed by majorities in legislative bodies, because there must be
some decisive power where numbers are to act, and to act also in opposite
directions. There is no such thing as a majority in an inorganic mass ; there
is absolute individual independence, but majorities commence when the
corporation is formed ; it is the necessary mode of corporate action. Thus
Locke observes: " When any number of men have so consented to make a
community or government, they are thereby presently incorporated and
make one body politic, wherein the majority have a right to act, and
conclude the rest ;" " else this original compact, whereby we with others
incorporate into one society, would signify nothing, and be no compact at
all," (quoted in 1 Story, 293.) Thus, in the case urged for illustration,
laws made by a majority of the legislature are, in their obligatory charac-
ter, the act of the whole body — Be it enacted by the General Assembly, (fee.,
not by A, B, and C. Now, if this objection of the committee he right, no law-
would be valid unless a majority of all the members of the legislature as-
sented to its passage ; whereas, in all parliamentary bodies, a majority of a
majority, or quorum (which may be a small minority of the whole number)
exercise the powers of all, upon reason of necessity, and the presumption
that those absent or silent concur with the whole. It is doubtful whether a
single State constitution adopted by convention ever received the assent of

30 Rep. No. 581.

a majority of the whole number of the people ; and the North American Re-
view of April, 1844, quoting Mr. Adams, observes that the constitution of
Massachusetts was adopted "by more than two thirds of about 15,000 per-
sons who voied for it, out of a population of 350,000, or one vote for every
thirty-five souls." Will the committee say that the government of Massa-
chusetts exists by usurpation? and yet the constitution of Massachusetts
was adopted by a minority of the people legally entitled to vote. Majorities
only exist in corporations ; it is a civil operative means of government.
When government is dissolved, majorities cease to exist, and the curse of
general and mutual independence is visited upon the segregated mass. In
numbers without government no majority power can reside, because the
right of action by majorities is of civil creation, resulting from and residing
in the compact of government. If, as the committee contend, the govern-
ment of Rhode Island was dissolved, it was usurpation in Dorr to seek
to impose a government even upon a resisting minority, because that mi-
nority never gave to him power to form government for themselves. If
government was indeed at an end, those who voted for the constitution
might be bound by it, but none others; because it would not, as to them, be
a government founded on their consent. In an unsocial state, where all are
equal, no one man, or congregation of men. have a right to form a govern-
ment for another ; they may impose it by force, if they are the stronger — •
and this is the radical origin of despotisms ; but they cannot, without in-
fringing my natural privileges, assume to act for me without my consent ;
and thus, necessarily, in dissolved societies no rights of majorities can exist.
Upon every ground, then, of abstract reasoning, of received authority, of
acknowledged precedent, of practical necessity, of moral and religious obli-
gation and right, we denounce as radical, irrational, and destructive, the
assumption that a majority of the male adult people, in mass, self consti-
tuted, acting without legal sanction, can alter or destroy a government
which is the instrument of protection to all, containing the powers of the
whole, and acting for and by the prescribed assent of the whole.

If the doctrine be right, it extends as well to the General Government as
to State institutions ; for that too is founded by the people for their common
civil purposes. Now what says the constitution, — how are you to amend it 1

"ARTICLE 5. The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose amendments to this constitution ; or, on
the application of the legislatures of two thirds of the several States, shall
call a convention for proposing amendments, which, in either case, shall be
valid to all intents and purposes, as part of this constitution, when ratified
by the legislatures of three fourths of the several States, or by conventions
in three-fourths thereof, as the one or the other mode of ratification may be
proposed by the Congress : Provided, That no amendment which may be
made prior to the year one thousand eight hundred and eight, shall in any
manner affect the first and fourth clauses in the ninth section of the first
article; and that no State, without its consent, shall be deprived of its
equal suffrage in the Senate."

And again :

" This constitution, and the laws of the United States which shall be
made in pursuance thereof, and all treaties made, or which shall be made,
under the authority of the United States, shall be the supreme law of the

Rep. No. 581. 31

land ; and the judges in every State shall be bound thereby, anything in
the constitution or laws of any State to the contrary notwithstanding."

Now, is there here one word or sentence upon which the action of a ma-
jority of the whole people changing: and reforming the government can be
justified'/ No matter how distasteful to the '• major will" the provisions of
the constitution may be— no matter how high may be our reverence for
the unalienable right of the people to alter their governments; — yet no
majority, factious or patriotic, can touch an article of that constitution, or
impair the vigor of a single power. It denies, in terms explicit, this divine
right of a majority. Two-thirds of Congress may propose amendments, or,
on application of two thirds of the State legislatures, shall call a convention,
whose acts of amendment are only binding when ratified by three fourths of
the States. It is an ascertained fact, that ah inconsiderable popular minority
may prevent any amendment of the constitution. Again : this constitution
and the laws under it are supreme. Now, if sovereignty absolute and un-
controlled exists in a mere majority of adult male inhabitants, then the
constitution and the laws cease to be supreme. And yet it needs no pecu-
liar sugucity to discern that even a "major" multitudinous opposition to a
law of the United States would be exposed to extreme legal peril. No
difference exists in the principle, applied to States or the General Govern-
ment ; each is government ; each founded in popular consent, and each de-
riving from that consent power to compel obedience and repress rebellious
or factious opposition.

Nor can support for these assumptions be found in that sacred ritual
of national independence, the declaration of the 4th of July, 1776. That
document is a noble attestation of the natural rights of God-created man —
not as existing within the limits of this country, or springing up with the
precise era of their assertion, but dating with the origin of time, durable
through the existence of the human race, inborn and of full vigor, though
repressed by long-sanctioned usurpation and forgotten in the prescription
of acquiescence in supremacy. These rights are simple ; they are such as
result from the constitution of men, and find their warrant in the common
equality of attributes conferred indiscriminately upon the whole human
race by the Creator of all ; — the right to the full enjoyment of his gifts, un-
controlled by the action of man, from whom they were not received ; — the
right of life, of liberty, of pursuit of happiness, and the right to make and
frame governments as the means of securing those enjoyments. This
right, rests not upon numerical divisions ; it is common to every single
man, and is not dependent upon the consent or will of aggregates or ma-
jorities. It is essentially, in its practical use, the right of minorities. The
declaration of independence was an appeal to all time in apology for revo-
lution, to justify the act of separation from the control that had oppressed
them. The whole tenor and scope of the instrument declares its purpose
and construes its terms. Our ancestors did not assert the right to change
the government of Great Britain, or deny the force of its laws so long as
they retained their colonial relation. But they asserted the right to govern
themselves, to « dissolve the political bands which had connected them with
another," and "to assume among the powers of the earth the separate and
equal station to which the laws of nature and nature's God entitled them."
The declaration of independence was, then, the assertion of a right in the
people, or any portion of them, either majority or minority, to throw off an
existing government, and to establish a separate one, better calculated to

32 Rep. No. 581.

secure them in the enjoyment of their natural rights — not of suffrage, but
of " life, liberty, and the pursuit of happiness."

It is as difficult to institute a parallel between the assertion of rights in
the declaration of independence, and those proclaimed in justification of the
Dorr movement, as it would be to assimilate the evils recorded in the for-
mer with the wrongs sought to be redressed by the latter. The declaration
asserts the right of revolution — of separation by force — the right to frame
governments for their security — a government which changed not the insti-
tutions of the land from which they sundered, or sought to control the sub-
jects of its jurisdiction. Dorr asserts a right in the majority, by the peace-
ful exercise of multitudinous will, which it would be treason to resist or
oppose, not merely to frame governments for themselves, but for all others
within the geographical limits of its supremacy; — not the right to separate
from the charter government, and establish an independency, but the right
to subject the charter authorities, and the thousands who were opposed to
his usurpation, to the presumptions of his ideas of legitimate government.

The declaration of independence was the declaration of war — of foicible
separation from an intolerable oppression — resistance to a government as
alien in feeling as it was foreign in natural position — a government whose
powers we could not control, whose administration we had no agency in
directing. Subjects without representation, we were dumb ; our measures
were inarticular and unintelligible to the royal ear; our property taxed
without our consent; impositions levied without the decency of consulta-
tion with our judgments ; " our charters taken away ;" " the benefit of trial
by jury denied ;" in short, a " long train of abuses and usurpations pursuing
invariably the same object," evincing "a design to reduce us under absolute
despotism," justified our forcible separation. It is a singular coincidence,
but most emphatic comment, that the very prominent evils complained of
in this declaration are asserted (as will be perceived in the course of this
report) by Mr. Dallas to be within the legitimate exercise of a majority
power.

For these united evils we sought redress in the only remedy left us — the
last sole alternative to passive and painful obedience. "An appeal to arms,
and to the God of hosts" was all that was left us. Our fathers revolution-
ized for liberty ; the Dorrites for an abstraction. They sought arms as
relief from intolerable actual burden; the Dorrites from very wilfulness
of mood, in the apparent restlessness of security and quiet. For be it re-
membered that, before the movement that had nearly kindled into fierce
flame the baneful elements of civil discord and fraternal violence, occurred,
relief, practical and material, from the grievances complained of, had been le-
gally tendered and contemptuously rejected. The landholders' constitution,
based on liberality of suffrage, (the great burden of complaint,) the result
of the people's convention, had been offered and boastfully declined. (Ap-
pendix.)

We will now show that, by the argument of one of its ablest and most
prominent advocates — prominent not merely from intellectual strength, but
present political position — this doctrine involves in its successful ascendency
the power and the right of trampling with impunity upon every institution
of civil or social order ; of desecrating without sacrilege; of prostrating the
most cherished barriers and guards of private security as of right, and of
erecting upon the ruins of destroyed equal and impartial government the

Rep. No. 581. 33

evils and horrors of permanent and organized anarchy. George M. Dallas,
in his letter to the Pennsylvania convention, upon the subject of the extent
of its powers in the formation of a constitution of government, which, of
necessity, might be adopted by a mere majority of voices, thus writes, in very
apparent joyousness of exultation in the bounteousness of his therne;

"A convention is the provided machinery of peaceful revolution. It is
the civilized substitute for intestine war ; the American mode of carrying
out the will oi the majority, the unalienable and indefeasible right to alter,
reform, or abolish their government in such manner as they may think
proper. When ouj-s shall assemble, it will possess, within the territory of
Pennsylvania, every attribute of absolute sovereignty, except such as may
have been yielded and are embodied in the constitution of the United States.
What may it not do? It may reorganize our entire system of social exist-
ence, terminating and proscribing what is deemed injurious, and establish-
ing what is preferred. It might restore the institution of slavery among us ;
it might make our penal code as bloody as that of Draco ; it might with-
draw the charters of the cities ^ it might supersede a standing judiciary by
a scheme of occasional arbitration and umpirage; it might prohibit partic-
ular professions or trades } it might permanently suspend the privilege of
habeas corpus^ and take from us (as our late General Assembly made an
entering wedge to do) the trial by jury. These are fearful matters, of
which intelligent and virtuous freemen can never be guilty."

Such are the tremendous powers with which majorities are sought to be
endowed, and this the subdivided majority of a majority. Certainly there
will not be claimed for a majority of the adult citizens assembled in self-
constituted convention a less degree of power than can be exercised by a
convention called by the legislature 5 for we are taught by the memorialists
and the committee that forms fall before the substance ; that the legislature
could only request the people to convene, and the people could do that
without such request. It has been well observed by an able though anon-
ymous commentator upon this doctrine, that " It is a well-established doc-
trine of the law of nations, that the obligations and duties contracted by a
people under one form of government, are binding upon the same people,
however their government may be changed. So universal is this principle^
that it applies even to the case of a usurper who has obtained possession
of the government by force and against the will of the people." The case
of the indemnity claim from Louis for spoliations committed under the
domination of Napoleon, is cited as a case in point. No man dreamed'
that, in changing our form of government by successful revolution, vested1
rights were shaken, or the tenure of private property was rendered insecure ;,
yet, if these doctrines be right, a majority of the people could, in any one
State, have rightfully deprived the minority of every possession and every
privilege. There is certainly no difference in principle between the char-
ter granted to a city, or a numberof persons, and a grant to any individ-
ual. In Maryland, all lands are held as of grant by the State ; and the
existing law requires, in tracing title, to prove a grant from the State for the
land claimed, or such circumstances of time and possession as would: au-
thorize its presumption. Now, what is to prevent a majority (clothed with
the superhuman powers here ascribed to them) in Maryland from, assem-
bling and declaring all the grants previously passed from the State to be
void, investing in certain tribunals of their own appointment the proprietor-
ship of all lands, and either dispossessing the present holders, or requiring theiii.

0

34 Rep. No. 581.

to take out new patents at trre improved value of the land? The commit-
tee contend that there are natural rights of which man cannot be deprived,
and yet t(iat a majority may make and frame government and change law
at will. Where, then, are the natural rights, when the very majority must
of necessity be both the judges of their existence, and respect them or not,
as they will ? And this is to reduce order to chaos, to resolve society into
original and discordant elements, and throw the advanced march of the world
back to the dark and terrible confusion of the barbarian era. We hold
that God created man with certain duties; with limited powers ; with mu-
tual obligations, — that his law is the inviolable basis of human moral gov-
ernment. And yet we are told that it is the rightful power of an unre-
strained majority to make offences at will, and prescribe punishment with-
out limit; and, within this illimitable rangeiof authority, to serve and worship
the Deity may be indicted as an offence against the State or new ordered
society — punishable with perpetual captivity, or the death of torture; and
this is to work blasphemy against Providence, by brutalizing and deration-
alizing man. The wildest theories of the insanest period of the revolu-
tionary phrenzy of France lead not to consequences more detestable or ab^
horrent. Once countenance this doctrine — arm discontent with the po-
tency of a right to do as it wills, and the destinies of this country are easily
predicted : first, civil confusion ; internal discord ; paralysis of industrial
effort ; warring and contending factions ; reason, order, and justice ban-
ished ; the will of the multitude, the direction of government and law of
society; — all running the inevitable course to the end of established despot-
ism. SVe may thus become the last (happily not the first) who find a refuge
from the wild confusion of anarchy in the quiet of absolute rule.

Right of suffrage.

The undersigned will briefly discuss the nature of suffrage. It is con-
tended by the majority of the committee, that suffrage is a natural right.
We dissent from this opinion. In our view, no ri^ht can properly be
deemed natural, which is the creature of human ordination, and the result
of a necessity of artificial existence. Natural rights are those which are
God-given : they pertain to man in his segregated character. They are
found in generic description, and are common to human creation, indis-
tinguishable at least by sex or age — the right to life and its enjoyments,
rights of conscience, liberty of judgment, liberty of action, so far as its
effects do not infringe the privileges or rights of others. We repeat, that
government is formed for the security of those rights, and all the means of
governmental security and protection are civil. W'hen society is once or-
ganized, the independent operation and enjoyment of onr natural rights
cease; they become merged in, or modified by, the provisions of the fun-
damental law, or legislative enactments flowing from snch law. Indeed, it
is often seen that natural rights are necessarily lost, in social and civil ex-
istence, as to the individual. Thus laws are passed to render the body
captive for specified offences, nnd even to make the sacrifice of life atone-
ment for crimes against individuals or society. Surely, even if suffrage
(\vhich never begins until the natural state ends and an artificial existence
commences) be acknowledged a natural right, the supreme legislative power,
or the individuals possessing it in the formation of the contract of govern-
ment, may limit and restrain its exercise, as well as they may pass laws

Rep. No. 581. 35

affecting liberty or life. But we repeat, the right to exercise civil authority,
in its nature, is of civil creation, and the very antagonist of natural pos-
session or attribute ; and in this light it has ever been regarded. By
every constitution, ancient or modern, equivalent protection has always
been extended to the possessors of natural rights; — while life has been
equally the object of legislative guardianship in the minor and the female,
as well as the male adult, the latter have been arbitrarily excluded from the
elective franchise; and under the argument of the majority, the very con-
stitution of Governor Dorr himself would be violative of these natural
privileges; for residence, age, and sex, (and in specified instances, property.)
all are essential to the enjoyment of those rights. One authority in addition
we will quote. When the constitution of the General Government was in
process of formation, the question arose as to the qualifications necessary
to voting for members of the House of Representatives. In Hamilton's
draught of a constitution, this privilege was extended to all "free male citizens
and inhabitants of the United States of the age of twenty-one and upwards,"
'(Madison Papers, vol. 3, page 17, appendix.)" Gouverneur Morris advocated
the freehold qualification, page 1257; and Mr; Madison approved the leaving
it to be regulated by the legislatures, and thus speaks, (page 1253 :) "Viewing
the subject on its merits alone, the freeholders of the country would be the
safest depositaries of republican liberty. In future times, a great majority
of the people will not only be without landed but any other sort of proper-
ty. These will either combine under the influence of their common situ-
ation, in which case the rights of property and the public liberty will not
be secure in their hands: or, what is more probable, they will become the
tools of opulence and ambition ; in which case, there will be equal danger
on another side." Mr. Madison subsequently changed his views upon the
policy of restricting suffrage within narrow limits, but never treated the
question as other than matter of legislative discretion and judgment. We
therefore conclude that although we believe, from experience within our
own State, that universality of suffrage is not only compatible with per-
manent security, but that it is right in principle — because laws affect not
merely property, but persons ; and because intelligence and honesty, both
political and personal, is not the gift or concomitant of property, but be-
longs to the man, — yet we think it matter of legislative discretion, and
perfectly within the general scope of legislative authority, to restrict or ex-
tend it. This, too, is Mr. Dorr's opinion, as evidenced by the clauses of the
constitution he aided in framing ; restricting, and in some instances de-
nying this privilege, when any quality of age, sex, and residence occurred,
because of the absence of property qualification.

We have thus desultorily attempted to sketch the civil history of Rhode
Island, and to express our opinion upon the prominent principles avowed
in advocacy of the insurrectionary movement of that State. And from all
that we have seen or had opportunity of reading, are forced to the conclu-
sions, that the movement was unnecessary and illegal, the pretences of
its justification fallacious or fictitious; that the real motive of action was
restless ambition and thirst for power, that could not wait upon the tardy
progress of regular events, but leaped to its attainment without regard to
the detriment or evil that might mark its progress, or result from its suc-
cess. -No one who collates the constitution tendered to them by the land-
holders'" convention, and rejected avowedly by their agency, with that pro-
jected by Dorr and his followers, can fail to detect the palpable falsity of

36 Rep. No. SSL

the pretences upon which that 'abortive effort at revolution is sought to be
justified. Redress in every material particular of real or supposed grievance
was legally tend.red and contemptuously refused.

We cannot better conclude this much of our imperfect work, than by ex-
pressing our entire and cordial concurrence in the subjoined remarks from
the review published in the number of the North American Review we have
already referred to.

" But what chiefly distinguishes the rebellion in Rhode Island both from the
one in Massachusetts and from that in Pennsylvania, and which aggravates
the criminality of the former in the hkhest degreey is the fact that redress
of the only grievances of which the disaffected party* complained was oflered
to them in the incipient stages of their revolt, and was refused. They were
permitted to vote in February, 1842, upon the Jandholdersr constitution,
which would have established a government in every respect unexception-
able ; and they rejected it. For the first time, perhaps, in the annafs of the
world, the people declared that they would not have reform, and preferred
revolution. They stood out upon a mere punctilio, saying that they would
not accept the matter as a gift, but were determined to seize upon it by an
armed force, as their own right. They acted as if it were a light thing to
kindle the flames of civil war, to array members of the same family on op
posite sides, and to destroy by violence the constituted authority of the
State. No language is too strong to be applied to such nefarious and in-
human conduct. We justly shrink with horror from the man who has
struck his parent. But what can be thought of him who raises a parricidal
hand against his country, the common parent of all, to whom every reason-
able being owes the greatest measure of filial homage and obedience?
Therefore has treason always been distinguished as the highest crime
known to the law, and the traitor is singled out for the universal detesta-
tion of mankind.

" These remarks do not tend, in the slightest degree, to disparage the mo-
tives or the conduct of the illustrious men who have been found, in all
ages of the world, eager to withstand oppression, and to contend in the
cause of freedom and of right against an unjust and arbitrary government
though at the hazard of their lives, and of everything which renders life
desirable. Honor, everlasting honor to their memories, whether they per-
ished upon the scaffold, or lived to enjoy a nation's gratitude, and " read
their triumph in a nation's eyes I" But "the sacred right of revolution," as
it has been aptly termed, is not to be brought out of its shrine on any mean
or ordinary occasion. It must not be used as a cloak for ambitious usurpa-
tion, for reckless love of change, or for treacherous revolt. A grave and
fearful responsibility rests upon those who exercise it, and, unless the cause
be just, and the necessity of the case be urgent, not even a successful issue
of the contest will relieve them, in the judgment of posterity, from the cen-
sure due to the traitor and the enemy of his native land. The patriots
fame depends as much on the caution and reluctance with which he un-
settles the foundations of government, and opposes the established authori-
ties of the state, as on the courage and perseverance which he manifests in
the midst of the strife. He is answerable for all the misery and desolation
that follow in the train of civil war ; for the evil passions that are excited \
for the blood that issued; for the affections that are sundered; for the
qniet of many a peaceful family that is interrupted, and the happiness of
many a fireside that is destroyed. And great must be the interests at stake,

Rep. No. 581. 37

noble must be the principles for which he contends, or he will find the bur-
den of this responsibility too heavy to be borne. He will sink under it,
amidst the execrations of those who owe to him the ruin of their prosperity,
and the wreck of their dearest hopes.

" Loyalty is not an unmeaning word in a republic. It is due to the free
institutions by which we are surrounded, to the establishments created by
the wisdom of our fathers, and transmitted as the noblest heritage to their
children. To cherish this feeling is our best safeguard against anarchy
and licentiousness — evils which, in a modern democracy, are to be feared at
least as much as oppression and misrule. Patriotism was considered as the
highest virtue in the Roman republic, and it has lost none of its value or sig-
nificance in these our times. Its object, indeed, is not the ground on which
we tread, nor the homes wherein we dwell, nor the individuals whom we
call our countrymen; though with most of them we have no nearerconnex-
ion than if they lived on the other side of the boundary line. Its object is
rather the body politic of which we are a part ; it is the state to which we
owe allegiance; it is the government, by whose acts we are bound. This
obligation may quickly fae broken, it is true; the tie may easily be ruptured,
for it is the nature of a popular government to rest lightly upon the com-
munity, and to be guarded only by the affections of those over whom it ex-
tends. But if the act be rashly or recklessly don^, it will be the sure source
of misery and strife, that can end only in the prostration of our liberties, by
subjection to the yoke of another country, or to the hard rule of a military
despot."

Upon the fullest examination they have been able to extend to the va-
rious topics discussed in this report, the undersigned conclude —

1. That the President is not justly obnoxious to the charge of improper
interference.

2. That to execute the required guarantee in favor of the constitution
alleged to have been adopted in 1841, would be the exercise of a power un-
conferred upon Congress by the constitution — violative of its limitations, and
a dangerous interference with the internal municipal independence of the
States.

3. That the constitution of Rhode Island, under which its government
is at present organized, was duly and rightfully adopted, and is the obliga-
tory organic law of that State.

4. That the attempt to subvert the constitution by the suffrage party,
tinsanctioned by law or the assent of the authorities of government, was
revolutionary, without the excuse of oppression or evil to justify such resort
for relief.

5. That the doctrine that a majority of male adult citizens has, at any time,
in any manner, the power to destroy constitutions and repeal laws, is at war
with every principle of civil government; subversive of order; destructive
of the security both of civil and natural rights; and tends to the substitu-
tion of the absolute despotism of numbers for the protection of general law ;
and is the assertion of a divine rigktt which sanctifies the passive slavery of
minorities.

If we are asked how these evils nre to be redressed when the ear of legis-
lative authority is closed to complaint, and the system of law prevents the
majority from working out legal reform by restricting suffrage, we answer,
that under the republican rule of government, it is difficult to conceive of
actual evil that would long fail of redress. The elective character of public

36 Rep. No. 581.

agents brings the representative to immediate knowledge of the wants of the
people ; the supremacy of the courts is a permanent and ceriain check upon
abuse of authority. But more than all — in our land, where responsibility to
popular will is the great law of legislation — the potent and peaceful element
of reform is public opinion — no abuse can long resist it ; and it may well be
argued, that, regarding our perfect identity of social interest, the equal pro-
tection of laws affording no partial immunities, any evil complained of must
be exaggerated if relief, and that not tardy, is not extended. The history of
Rhode Island proves this ; what force failed to effect, public judgment has
yielded. And it should be our pride, as frt-emen, and as distinguishing the
civil characteristics of our governments from other forms, that with us the
materials of change and reform are moral, not physical ; that the mind, not
the arm — the immortal, not the mechanical and animal agent, works out
that system of legislation most conducive to rational individual happiness.

Not the least evil by far resulting from sanction of the doctrines con-
tended for by the majority of the committee, would be the entire change it
would operate in the moral principle of our government. We have now
means of peaceful adaptation of organic syslems of government to the va-
rying wants of society, in the silent effective influence of public opinion.
Substitute for this dominance of reason the physical supremacy of numbers,
and we obliterate the distinction between free and despotic governments.
In the latter, the chain can only be broken by violence ; sanguine war is the
sole arbiter between the oppressor and the oppressed. In the former, the
mind discerns the necessity, and applies the relief; no order is disturbed by
its action ; violence is no attendant of the progress of its operation. In the
indivisible community of the people, no system of government can work in-
jury to one portion or interest, without affecting materially the whole mass;
and it is to assume incapacity for self government, to deny the very basis of
republican institutions, (the intelligence and honesty of the people.) to sup-
pose that there would be, in governments constituted like ours, either want
of intelligence to discern, or indisposition to relieve, any actual evil of exist-
ing forms of authority.

Referring to the appendix for various necessary details of fact, or con-
nected history of proceeding, this report is respectfully submitted by

JOHN M. S. CAUSIN.
JACOB A. PRESTON.

Rep. No. 581.

SCHEDULE OF DOCUMENTS
Appended to minority report on Rhode Island memorial.

No. I. Charter of Charles the Second, 1663.

No. 2. Proceedings of the people accepting it.

No. 3. Act of 1663, regulating voting.

No, 4. Act of 1665, voters to be of competent estates.

No. 5. Act of 1666J67, regulating admission of freemen.

No. 6. Act of 1723, qualification fixed at £100.

No. 7. Act of 1729, qualification fixed at £200.

No. 8. Act of 1742, same amount.

No, 9. Act of 1746, qualification fixed at £400.

No. 10. Act of 1760, qualification fixed at £40.

No. il. Act renouncing allegiance to the King of Great Britain, pass-
ed at the session of Assembly held on the first Wednesday of May, A. D.
1776.

No. 12. Proceedings of the Assembly ratifying the declaration of inde-
pendence, July, 1776.

No. 13. Act of Assembly, February, 1778, ratifying the articles of con-
federation.

No. 14. Act of 1789, calling a convention to consider the constitution of
the United States.
v No. 15. Proceedings of that convention.

No. 16. Act of 1798, regulating voting: fixes the qualification at $134.

No. 17. Bill extending suffrage, passed by the Senate in 1811.

No. 18. Act of Assembly, A. D. 1821, for calling a convention to form a
constitution, with the votes thereon.

No. 19. Act of Assembly, A. D. 1822, providing for calling a convention
to form a constitution, with the vote thereon.

No. 20. Act of 1824, calling a convention. The convention formed a
constitution, which was rejected by the people. See the report of the votes
appended.

No. 21. Act of 1834, calling a convention. This convention dissolved
without completing a constitution.

No. 22. Act of Assembly, January, 1841, calling a convention.

No. 23. Act of May, IS41, apportioning delegates to convention.

No. 24. Constitution adopted by the meeting denominated the " people's
convention," December, 1841.

No. 25. Communication from the « people's convention" to the Legisla-
ture, January, A. D. 1842.

No. 26. Act of January, 1842, extending the right of voting upon the
constitution frimed by the legal convention, to all who might be admitted
to vote under it.

No. 27. Resolutions passed by the Legislature, January, 1812, condemn-
ing the proceedings of the "people's convention" as revolutionary.

No. 28. Resolutions of the Rhode Island Suffrage Association January,

40 Rep. No. 581.

1842, declaring their intention to support the "people's constitution" by
force.

No. 29. Constitution framed by the legal convention which assembled in
November, 1841, and finally adjourned February, 1842, commonly called
the " landholders' constitution." Required residence only to vote. Rejected
by the people in March, A. D. 1842. Report of the vote appended.

No. 30. Report of committee of the Legislature, March session, A. D.
1842, with resolutions; and an act passed at that session, sometimes called
the "Algerine act."

No 31. Law of Rhode Island, defining and punishing treason. From
the criminal code of A. D. 1838.

No. 32. Law for punishing treason in Yirginia.

No. 33. Proclamation of Governor King1, April 4, 1842.

No. 34. Statement made by Messrs. Whipple, Francis, and Potter, to the
President of the United States, April, 1842.

No. 35. The President's letter in reply.

No. 36. Letter from Hon. John Whipple to Governor King.

No. 37. President Tyler's second letter to Governor King, May, A. D.
1842.

No. 38. Act of June, 1842, calling a new convention. Residence only
required to vote for delegates. &c.

No. 39. Act of October. 1842, explaining an ambiguity in the act of
June.

No. 40 Constitution framed by the convention called under the act No.
38, which met at Newport, September, 1842, and completed its labors
at East Greenwich, November, 1842. Adopted by the people in Novem-
ber, A. D. 1842, and now in force.

No. 41. Resolutions of the Legislature for discontinuing the prosecutions
on account of the late insurrection, and for releasing military fines, &c.

No. 42. Table of population and of votes of the people on several occa-
sions within the last few years.

No. 43. Chief Justice Durfee's charge to the grand jury, at the supreme
court at Bristol, March, 1842.

No. 44. Report of the case of Luther vs. Borden, tried before Juo'ge
Story, in the United States circuit court.

No. 45. Protest of the Legislature'of Rhode Island, against the interfe-
rence of Congress in the internal affairs of that State.

Rep. No. 581. 41

No. 1.
The charter granted by King Charles 11.

Charles the Second, by the grace of God, King of England, Scotland,
France, and Ireland, defender of the faith, &c., to all to whom these pres-
ents shall come greeting: Whereas we have been informed by the hum-
ble petition of our trusty and well-beloved subject, John Clarke, on the be-
half of Benedict Arnold, William Brenton, William Coddington, Nicholas
Easton, William Boulston, John Porter, John Smith, Samuel Gorton, John
Weeks, Roger Williams, Thomas Olney, Gregory Dexter, John Cogges-
hall, Joseph Clarke, Randall Holder), John Greene, John Roome, Samuel
Wildbore, William Field, James Barker, Richard Tew, Thomas Harris,
and William Dyre, and the rest of the purchasers and free inhabitants of
our island, called Rhode Island, arid the rest of the colony of Providence
Plantations, in the Narragansett Bay, in New England, in America, that
they, pursuing, with peaceable and loyal minds, their sober, serious, and
religious intentions, of godly edifying themselves, and one another, in the
holy Christian faith and worship, as they were persuaded ; together with
the gaining over and conversion of the poor ignorant Indian natives, in
those parts of America, to the sincere profession and obedience of the same
faith and worship, did, not only by the consent and good encouragement
of our royal progenitors, transport themselves out of this kingdom of Eng-
land into America, but also, since their arrival there, after their first set-
tlement amongst other our subjects in those parts, for the avoiding of dis-
cord, and those many evils which were likely to ensue upon some of those
our subjects not being able to bear, in these remote parts, their different
apprehensions in religious concernments, and in pursuance of the afore-
said ends, did once again leave their desirable stations and habitations,
and with excessive labor and travel, hazard and charge, did transplant
themselves into the midst of the Indian natives, who, as we are informed,
are the most potent princes and people of all that country ; where, by the
good providence of God, from whom the Plantations have taken their
name, upon their labor and industry, they have not only been preserved
to admiration, but have increased and prospered, and are seized and pos-
sessed, by purchase and consent of the said natives, to their full content,
of such lands, islands, rivers, harbors, and roads, as are very convenient,
both for plantations, and also for building of ships, supply of pipe-staves,
and other merchandise : and which lie very commodious, in many re-
spects for commerce, and to accommodate our southern plantations, and
may much advance the trade of this our realm, and greatly enlarge the
territories thereof; they having, by near neighborhood to and friendly so-
ciety with the great body of the Narragansett Indians, given them en-
couragement of their own accord, to subject themselves, their people and
lands unto us ; whereby, as is hoped, there may, in time, by the blessing
of God upon their endeavors, be laid a sure foundation of happiness to all
America : and whereas, in their humble address, they have freely declared,
that it is much on their hearts (if they may be permitted) to hold forth a
lively experiment, that a most flourishing civil state may stand and best be
maintained, and that among our English subjects, with a full liberty in
religious concernments ; and that true piety, rightly grounded upon gos-
pel principles, will give the best and greatest security to sovereignty, and

42 Rep. No. 581.

will lay in the hearts of men the strongest obligations to true loyalty:
Now know ye, that we, being willing to encourage the hopeful under-
taking of our said loyal and loving subjects, and to secure them in the
free exercise and enjoyment of all their civil and religious rights, apper-
taining to them, as our loving subjects ; and to preserve unto them that
liberty, in the true Christian faith and worship of God, which they have
sought with so much travel, and with peaceable minds, and loyal subjec-
tion to our royal progenitors and ourselves, to enjoy : and because some
of the people and inhabitants of the same colony cannot, in their private
opinions, conform to the public exercise of religion, according to the
liturgy, forms, and ceremonies of the Church of England, or take or sub-
scribe the oaths and articles made and established in that behalf: and for
that the same, by reason of the remote distances of those places, will (as
we hope) be no breach of the unity and uniformity established in this na-
tion : Have therefore thought fit, and do hereby publish, grant, ordain,
and declare, that our royal will and pleasure is, that no person within the
said colony, at any time hereafter, shall be anywise molested, punished,
disquieted, or called in question, for any differences in opinion in matters
of religion, arid do not actually disturb the civil peace of our said col-
ony ; but that all and every person and persons may, from time to time,
and at all times hereafter, freely and fully have and enjoy his and their
own judgments and consciences, in matters of religious concernments,
throughout the tract of land hereafter mentioned, they behaving them-
selves peaceably and quietly, and not using this liberty to licentious-
ness and profaneness, nor to the civil injury or outward disturbance of
others ; any law, statute, or clause, therein contained, or to be contained,
usage or custom of this realm, to the contrary hereof, in anywise, notwith-
standing. And that they may be in the better capacity to defend them-
selves, in their just rights and liberties, against all the enemies of the
Christian faith, and others, in all respects, we have further thought fit, and
at the humble petition of the persons aforesaid are graciously pleased to
declare, that they shall have and enjoy the benefit of our late act of in-
demnity and free pardon, as the rest of our subjects in other our domin-
ions and territories have ; and to create and make them a body politic or
corporate, with the powers and privileges hereinafter mentioned. And
accordingly our will and pleasure is, and of our especial grace, certain
knowledge, and mere motion, we have ordained, constituted, and declared,
and by these presents, for us, our heirs, and successors, do ordain, con-
stitute, and declare, that they, the said William Brenton, William Cod-
dington, Nicholas Easton, Benedict Arnold, William Boulston, John Por-
ter, Samuel Gorton, John Smith, John Weeks, Roger Williams, Thomas
Olney, Gregory Dexter, John Coggeshall, Joseph Clarke, Randall Holden,
John Greene, John Roome, William Dyre, Samuel Wildbore, Richard

Tew, William Field, Thomas Harris, James Barker, Rainsborrow,

Williams, and John Nickson, and all such others as now are, or

hereafter shall be, admitted and made free of the company and society of
our colony of Providence Plantations, in the Narragansett Bay, in New
England, shall be, from time to time, and forever hereafter, a body cor-
porate and politic in fact and name, by the name of The Governor and
Company of the English Colony of Rhode Island and Providence Plan-
tations, in New England, in America; and that, by the same name, they
and their successors shall and may have perpetual succession, and shall

Rep. No. 581. 43

and may be persons able and capable, in the law, to sue and be sued, to
plead and be irnpleaded, to answer and be answered unto, to defend and
to be defended, in all and singular suits, causes, quarrels, matters, actions,
and things, of what kind or nature soever ; and also to have, take, possess,
acquire, and purchase lands, tenements, or hereditaments, or any goods
or chattels, and the same to lease, grant, demise, aliene, bargain, sell, and
dispose of, at their own will and pleasure, as other our liege people, of
this our realm of England, or any corporation or body politic within the
same, may lawfully do. And further, that they the said Governor and
Company, and their successors, shall and may, forever hereafter, have a
common seal, to serve and use for all matters, causes, things, and affairs,
whatsoever, of them and their successors ; and the same seal to alter,
change, break, and make new, from time to time, at their will and pleasure,
as they shall think fit. And further, we will and ordain, and by these
presents, for us, our heirs and successors, do declare and appoint that, for
the better ordering and managing of the affairs and business of the said
Company, and their successors, there shall be one Governor, one deputy
Governor, and ten Assistants, to be from time to time constituted, elected,
and chosen out of the freemen of the said Company for the time being,
in such manner and form as is hereafter in these presents expressed;
which said officers shall apply themselves to take care for the best dis-
posing and ordering of the general business and affairs of and concern-
ing the lands and hereditaments hereinafter mentioned to be granted, and
the plantation thereof, and the government of the people there. And, for
the better execution of our royal pleasure herein, we do, for us, our heirs
and successors, assign, name, constitute, and appoint the aforesaid Bene-
dict Arnold to be the first and present Governor of the said Company,
and the said William Brenton to be the deputy Governor, and the said
William Boulston, John Porter, Roger Williams, Thomas Olney, John
Smith, John Greene, John Coggeshall, James Parker, William Field, and
Joseph Clarke, to be the ten present Assistants of the said Company, to
continue in the said several offices, respectively, until the first Wednes-
day which shall be in the month of May now next coming. And further,
we will, and by these presents, for us, our heirs, and successors, do ordain
and grant that the Governor of the said Company, for the time being, or,
in his absence, by -occasion of sickness, or otherwise, by his leave and
permission, the deputy Governor, for the time being, shall and may, from
time to time, upon all occasions, give order for the assembling of the said
Company and calling them together, to consult and advise of the busi-
ness and affairs of the said Company. And that forever hereafter, twice
in every year — that is to say, on every first Wednesday in the month of
May, and on every last Wednesday in < )ctober, or oftener in case it shall
be requisite, the Assistants and such of the freemen of the said Company,
not exceeding six persons for Newport, four persons for each of the re-
spective towns of Providence, Portsmouth, and Warwick, and two per-
sons for each other place, town, or city, who shall be, from time to time,
hereunto elected or deputed by the major part of the freemen of the re-
active towns or places for which they shall be so elected or deputed,
shall have a general meeting or assembly, then and there to consult, ad-
vise, and determine in and about the affairs and business of the said Com-
pany and Plantations. And further, we do, of our especial grace, certain
knowledge, and mere motion, give and grant unto the said Governor and

44 Rep. No. 581.

Company of the English- colony of Rhode Island and Providence Planta-
tions in New England, in America, and their successors, that the Governor,
or in his absence, or by his permission, the deputy Governor of the said
Company, for the time being, the Assistants, and such of the freemen of
the said Company as shall be so as aforesaid elected or deputed, or so
many of them as shall be present at such meeting or assembly as afore-
said, shall be called the General Assembly ; and that they, or the greatest
part of them present, whereof the Governor, or deputy Governor, and six
of the Assistants, at least to be seven, shall have, and have hereby given
and granted unto them, full power and authority, from time to time, and
at all times hereafter, to appoint, alter, and change such days, times, and
places of meeting and General Assembly as they shall think fit ; and to
choose, nominate, and appoint such and so many other persons as they
shall think Jit, and shall be willing to accept the same, to be free of the sard
Company and body politic, and them into the same to admit; and to elect
and constitute such offices and officers, and to grant such needful commis-
sions as they shall think fit and requisite for the ordering, managing, and
despatching of the aifairs of the said Governor and Company and their suc-
cessors ; and, from time to time, to make^ordain, constitute, or repeal such
laivs, statutes, orders, and ordinances, forms and ceremonies of government
and magistracy > as to them shall seem meet, for the good and welfare
of the said Company, and for the government and ordering of the lands
and hereditaments hereinafter mentioned to be granted, and of the people
that do, or at any time hereafter shall, inhabit or be within the same ; so
as such laws, ordinances, and constitutions so made be not contrary and
repugnant unto, but as near as may be> agreeable to the laws of this our
realm of England, considering the nature and constitution of the place
and people there, and also to appoint, order, and direct, erect and settle,
such places and courts of jurisdiction, for the hearing and determining of
all actions, cases, matters, and things happening within the said colony
and plantation, and which shall be in dispute and depending there, as
they shall think fit; and also to distinguish and set forth the several
names and titles, duties, powers, and limits of each court, office, and offi-
cer, superior and inferior; and also to contrive and appoint such forms of
oaths and attestations, not repugnant, but, as near as may be, agreeable,
as aforesaid, to the laws and statutes of this our realm, as are convenient
and requisite, with respect to the due administration of justice and due
execution and discharge of all offices and places of trust by the persons
that shall be therein concerned ; and also to regulate and order the way
and manner of all elections to offices and places of trust, and to prescribe,
limit, and distinguish the numbers and bounds of all places, towns, or
cities, within the limits and bounds hereinafter mentioned, and not herein
particularly named, who have, or shall have, the power of electing and
sending of freemen to the said General Assembly; and also to order, di-
rect, and authorize, the imposing of lawful and reasonable fines, mulcts,
imprisonments, and executing other punishments, pecuniary and corporal,
upon offenders and delinquents, according to the course of other corpora-
tions within this our kingdom of England ; arid again to alter, revoke, an-
nul, or pardon, under their common seal, or otherwise, such fines, mulcts,
imprisonments, sentences, judgments, and condemnations, as shall be
thought fit ; and to direct, rule, order, and dispose of all other matters
and things, and particularly that which relates to the making of purchases

Rep. No. 581. 45

of the native Indians, as to them shall seem meet.; whereby our said peo-
ple and inhabitants in the said Plantations may be so religiously, peace-
ably, and civilly governed, as that, by their good life and orderly conver-
sation, they may win and invite the native Indians of the country to the
knowledge and obedience of the only true God and Saviour of mankind ;
willing, commanding, and requiring, and by these presents, for us, our
heirs, and successors, ordaining and appointing that all such laws, stat-
utes, orders, and ordinances, instructions, impositions, and directions, as
shall be so made by the Governor, deputy Governor, Assistants, and free-
men, or such number of them as aforesaid, and published in writing,
under their common seal, shall be carefully and duly observed, kept, per-
formed, and put in execution, according to the true intent and meaning
of the same. And these our letters patent, or the duplicate or exemplifi-
cation thereof, shall be to all and every such officer, superior or inferior,
from time to time, for the putting of the same orders, laws, statutes, ordi-
nances, instructions, and directions, in due execution, against us, our
heirs and successors, a sufficient warrant and discharge. And further,
our will and pleasure is, and we do hereby, for us, our heirs, and success-
ors, establish and ordain, that yearly, once in the year, forever hereafter,
namely, the aforesaid Wednesday in May, and at the town of Newport, or
elsewhere, if urgent occasion do require, the Governor, Deputy Governor,
and Assistants of the said company, and other officers of the said com-
pany, or such of them as the General Assembly shall think fit, shall be,
in the said General Court or Assembly to be held from that day or time,
newly chosen for the year ensuing, by such greater part of the said Com-
pany, for the time being, as shall be then and there present ; and if it
shall happen that the present Governor, Deputy Governor, and Assistants,
by these presents appointed, or any such as shall hereafter be newly chosen
into their rooms, or any of them, or any other the officers of the said Com-
pany, shall die or be removed from his or their several offices or places,
before the said general day of election, (whom we do hereby declare, for
any misdemeanor or default, to be removable by the Governor, Assistants,
and Company, or such greater part of them, in any of the said public
courts, to be assembled as aforesaid,) that then, and in every such case, it
shall and may be lawful to and for the said Governor, Deputy Governor,
Assistants, and Company aforesaid, or such greater part of them, so to be
assembled as is aforesaid, in any their assemblies, to proceed to a new
election of one or more of their Company, in the room or place, rooms or
places, of such officer or officers, so dying removed, according to their dis-
cretions ; and immediately upon and after such election'or elections made
'of such Governor, Deputy Governor, Assistant, or Assistants, or any other
officer of the said Company, in manner and form aforesaid, the authority,
office and power, before given to the former Governor, Deputy Governor,
and other officer and officers, so removed, in whose stead and place new
shall be chosen, shall, as to him and them, and every of them, respectively,
cease and determine: Provided always, and our will and pleasure is, that
as well such as are by these presents appointed to be the present Governor,
Deputy Governor, and Assistants, of the said Company, as those that shall
succeed them, and all other officers to be appointed and chosen as afore-
said, shall, before the undertaking the execution of the said offices and
places respectively, give their solemn engagement, by oath, or otherwise,
for the due and faithful performance of their duties in their several offices

46 Hep. No. 581.

and places, before such f»erson or persons as are by these presents here-
after appointed to take and receive the same, that is to say : the said Bene-
dict Arnold, who is hereinbefore nominated and appointed the present
Governor of the said Company, shall give the aforesaid engagement be-
fore William Brenton,or any two of the said Assistants of the said Com-
pany; unto whom we do by these presents give full power and authority
to require and receive the same ; and the said William Brenton, who is
hereby before nominated and appointed the present Deputy Governor of
the said Company, shall give the aforesaid engagement before the said
Benedict Arnold, or any two of the assistants of the said Company; unto
whom we do by these presents give full power and authority to require
and receive the same ; and the said William Boulston, John Porter, Roger
Williams, Thomas Oiney, John Smith, John Greene, John Coggeshall,
James Barker, William Field, and Joseph Clarke, who are hereinbefore
nominated and appointed the present Assistants of the said Company,
shall give the said engagement to their offices and places respectively be-
longing, before the said Benedict Arnold and William Brenton, or one of
them ; to whom respectively we do hereby give full power and authority
to require, administer, or receive the same : and further, our will and
pleasure is, that all and every other future Governor or Deputy Governor,
to be elected and chosen by virtue of these presents, shall give the said
engagement before two or more of the said Assistants of the said Company-
for the time being ; unto whom we do by these presents give full power
and authority to require, administer, or receive the same ; and the said
assistants, and every of them, and all and every other officer or officers to
be hereafter elected and chos,en by virtue of these presents, from time to
time, shall give the like engagements, to their offices and places respec-
tively belonging, before the Governor or Deputy Governor for the time
being; unto which said Governor, or Deputy Governor, we do by these
presents give full power and authority to require, administer, or receive the
same accordingly. And we do likewise, for us, our heirs, and successors,
give and grant unto the said Governor and Company, and their successors,
by these presents, that, for the more peaceable and orderly government of
the said Plantations, it shall and may be lawful for the Governor, Deputy
Governor, Assistants, and all other officers and ministers of the said Com-
pany, in the administration of justice, and exercise of government, in the
said Plantations, to use, exercise, and put in execution, such methods,
rules, orders, and directions, not being contrary or repugnant to the laws
and statutes of this our realm, as have been heretofore given, used and ac-
customed, in such cases, respectively, to be put in practice, until at the
next, or some other General Assembly, special provision shall be made and
ordained in the cases aforesaid. And we do further, for us, our heirs, and
successors, give and grant unto the said Governor and Company, and their
successors, by these presents, that it shall and may be lawful to and for
the said Governor, or in his absence, the Deputy Governor, and major part
of the said Assistants for the time being, at any time when the said General
Assembly is not sitthig, to nominate, appoint, and constitute such and so
many commanders, governors, and military officers, as to them shall seem
requisite for the leading, conducting, and training up the inhabitants of the
said Plantations in martial affairs, and for the defence and safeguard of the
said Plantations ; and that it shall and may be lawful to and for all and
every such commander, governor, and military officer, that shall be so as

Rep. No. 581. 47

aforesaid, or by the Governor, or, in his absence, the Deputy Governor, and
six of the said Assistants, arid major part of the freemen of the said Com-
pany present at any General Assemblies, nominated, appointed, and con-
stituted according to the tenor of his and their respective commissions and
directions, to assemble, exercise in arms, martial array, and put in warlike
posture, the inhabitants of the said colony, for their special defence and
safety ; and to lead and conduct the said inhabitants, and to encounter,
expulse, expel, and resist, by force of arms, as well by sea as by land, and
also to kill, slay, and destroy, by all fitting ways, enterprises, and means
whatsoever, all and every such person or persons as shall, at any time
hereafter, attempt or enterprise trie destruction, invasion, detriment, or an-
noyance of the said inhabitants or Plantations; and to use and exercise
the law martial in such cases only as occasion shall necessarily require ;
and to take or surprise, by all ways and means whatsoever, all and every
such person and persons, with their ship or ships, armor, ammunition, or
other goods of such persons as shall, in hostile manner, invade or attempt
the defeating of the said plantation, or the hurt of the said company and
inhabitants ; and, upon just causes, to invade and destroy the native In-
dians, or other enemies of the said colony. Nevertheless, our will and
pleasure is, and we do hereby declare to the rest of our colonies in New
England, that it shall not be lawful for this our said colony of Rhode Island
and Providence Plantations, in America, in New England, to invade the
natives inhabiting within the bounds and limits of their said colonies, with-
out the knowledge and consent of the said other colonies. And it is here-
by declared, that it shall not be lawful to or for the rest of the colonies to
invade or molest the native Indians, or any other inhabitants, inhabiting
within the bounds and limits hereafter mentioned, (they having subjected
themselves unto us, and being by us taken into our special protection,)
without the knowledge and consent of the Governor and Company of our
colony of Rhode Island and Providence Plantations. Also our will and
pleasure is, and we do hereby declare unto all Christian kings, princes, and
states, that if any person, which shall hereafter be of the said Company or
Plantation, or any other, by appointment of the said Governor and Company
for the time being, shall at any time or times hereafter, rob or spoil, by sea
or land, or do any hurt or unlawful hostility to any of the subjects of us,
our heirs or successors, or any of the subjects of any prince or state, being
then in league with us, our heirs or successors, upon complaint of such
injury done to any such prince or state, or their subjects, we, our heirs and
successors, will make open proclamation within any parts of our realm of
England, fit for that purpose, that the person or persons committing any
such robbery or spoil shall, within the time limited by such proclamation,
make full restitution or satisfaction of all such injuries done or committed,
so as the said prince, or others so complaining, may be, fully satisfied and
contented ; and if the said person or persons who shall commit any such
robbery or spoil, shall not make satisfaction, accordingly, within such time,
so to be limited, that then we, our heirs and successors, will put such per-
son or persons out of our allegiance and protection ; and that then it shall
and may be lawful and free for all princes or others to prosecute, with hos-
tility, such offenders, and every of them, their and every of their procurers,
aiders, abettors, and counsellors, in that behalf: Provided, also, and our
express will and pleasure is, and we do, by these presents, for us, our heirs
and successors, ordain and appoint, that these presents shall not, in any

48 Rep. No. 58L

mariner, hinder any of our Joving subjects, whatsoever, from using and ex»
ercising the trade of fishing upon the coast of New England, in America;
but that they, and every or any of them, shall have full and free power and
liberty to continue and use the trade of fishing upon the said coast, in any
of the seas thereunto adjoining, or any arms of the seas, or salt water, riv-
vers and creeks, where they have been accustomed to fish ; and to build
and set upon the waste land belonging to the said colony and plantations,
such wharves, stages and work-houses, as shall be necessary for the salting,
drying and keeping of their fish, to be taken or gotten upon that coast.
And further, for the encouragement of the inhabitants of our said colony of
Providence Plantations to set upon the business of taking whales, it shall
be lawful for them, or any of them, having struck whale, dubertus, or other
great fish, it or them to pursue unto any part of that coast, and into any
bay, river, cove, creek, or shore, belonging thereto, and it or them, upon
the said coast, or in the said bay, river, cove, creek or shore, belonging
thereto, to kill and order for the best advantage, without molestation, they
making no wilful waste or spoil; anything in these presents contained, or
any other matter or thing to the contrary notwithstanding. And further
also, we are graciously pleased, and do hereby declare, that if any of the
inhabitants of our said colony do set upon the planting of vineyards, (the
soil and climate both seeming naturally to concur to the production of
wines,) or be industrious in the discovery of fishing banks, in or about the
said colony, we will, from time to time, give and allow all due and fitting en-
couragement therein, as to others in cases of like nature. And farther, of
our more ample grace, certain knowledge and mere motion, we have given
and granted, and by these presents, for us, our heirs and successors, do give
and grant unto the said Goverrfor and Company of the English colony of
Rhode Island and Providence Plantations, in the Narragansett Bay, in New
England, in America, and to every inhabitant there, and to every person and
persons trading thither, and to every such person or persons as are or shall
be free of the said colony, full power and authority, from time to time, and
at all times hereafter, to take, ship, transport, and carry away, out of any of
our realms and dominions, for and towards the plantation and defence of
the said colony, such and so many of our loving subjects and strangers as
shall or will willingly accompany them in and to their said colony and
plantation ; except such person or persons as are or shall be therein re-
strained by us, our heirs and successors, or any law or statute of this realm ;
and also to ship and transport all and all manner of goods, chattels, mer-
chandises, and other things whatsoever, that are or shall be useful or neces-
sary for the said plantations, and defence thereof, and usually transported,
and not prohibited by any law or statute of this our realm ; yielding and
paying unto us, our heirs and successors, such the duties, customs and sub-
sidies, as are or ought to be paid or payable for the same. And further, our
will and pleasure is, and we do, for us, our heirs and successors, ordain, de-
clare, and grant, unto the said Governor and Company, and their succes-
sors, that all and every the subjects of us, our heirs and successors, which
are already planted and settled within our said colony of Providence Plan-
tations, or which shall hereafter go to inhabit within the said colony, and
all and every of their children, which have been bom there, or which shall
happen hereafter to be born there, or on the sea, going thither, or returning
from thence, shall have and enjoy all liberties and immunities of free and
natural subjects within any the dominions of us, our heirs or successors, to

Rep. No. 581. 49

all intents, constructions and purposes, whatsoever, as if they, and every of
them, were born within the realm of England. And further, know ye, that
we, of our more abundant grace, certain knowledge, and mere motion, have
given, granted and confirmed, and, by these presents, for us, our heirs and
successors, do give, grant, and confirm, unto the said Governor and Com-
pany, and their successors, all that part of our dominions in New England,
in America, containing the Nahantick and Nanhyganset, alias Narragansett
Bay, and countries and parts adjacent, bounded on the west,.or westerly, to
the middle or channel of a river there, commonly called and known by the
name of Pawcatuck, alias Pawcawtuck river, and so along the said river,
as the greater or middle stream thereof reacheth or lies up into the north
country, northward, unto the head thereof, and from thence, by a straight
line drawn due north, until it meets with the south line of the Massachusetts
colony; and on the north, or northerly, by the aforesaid south or southerly
line of the Massachusetts colony or plantation, and extending towards the
east, oreastwardly, three English miles to the east and northeast of the most
eastern and northeastern parts of the aforesaid Narragansett Bay, as the said
bay lieih or extendeth itself from the ocean on the south, or southwardly,
unto the mouth of the river which runneth toward the town of Providence,
and from thence along the eastwardly side or bank of the said river (higher
called by the name of Seacunck river) up to the falls called Patuckett falls,
being the most westwardly line of Plymouth colony, and so from the said
falls, in a straight line, due north, until it meet with the aforesaid line of
the Massachusetts colony, and bounded on the south by the ocean; and,
in particular, the lands belonging to the towns of Providence, Pawtuxet,
Warwick, Misquammacock, alias Pawcatuck, and the rest upon the main
land in the tract aforesaid, together with Rhode Island, Block Island, and
all the rest of the islands and banks in the Narragansett bay, and border-
ing upon the coast of the tract aforesaid, (Fisher's Island only excepted.)
together with all firm lands, soils, grounds, havens, ports, rivers, waters, fish-
ings, mines royal, and all other mines, minerals, precious stones, quarries,
woods, wood grounds, rocks, slates, and all and singular other commodities,
jurisdictions, royalties, privileges, franchises, pre-eminences, and heredita-
ments whatsoever, within the said tract, bounds, lands, and islands afore-
said, or to them or any of them belonging, or in any wise appertaining*:
To have and to hold the same unto the said Governor ,and Company
and their successors forever, upon trust, for the use and benefit of them-
selves and their associates, freemen of the said colony, their heirs and
assigns, to be holden of us, our heirs and successors, as of the manor of
East Greenwich, in our county of Kent, in free and common soccage, .
and not in capita, nor by knight service; yielding and paying therefor to
us, our heirs and successors, only the fifth part of all the ore of gold and
silver which, from time to time, and at all times hereafter, shall be there
gotten, had, or obtained, in lieu and satisfaction of all services, duties,
fines, forfeitures, made .or to be made, claims and demands whatsoever,
to be to us, our heirs or successors, therefor or thereout rendered, made,
or paid ; any grant, or clause in a late grant, to the Governor and; Com-
pany of Connecticut Colony, in America, to the contrary thereof in any
wise notwithstanding. The aforesaid Pawcatuck river having been
yielded, after much debate, for the fixed and certain bounds between
these our said colonies, by the agents thereof, who have also agreed that:
the said Pawcatuek river shall be also called alias JNorrogansett. or Narro-
4

50 Rep. No. 581.

gansett river; and, to prevent future disputes, that otherwise might arise?
thereby, forever hereafter shall be construed, deemed, and taken to be the
Narrogansett river in our late grant to Connecticut colony mentioned as
the easterly bounds of that colony. And further, our will and pleasure
is, that, in all matters of public controversy, which may fall out between
our colony of Providence Plantations and the rest of our colonies in New
England, it shall and may be lawful to and for the Governor and Com-
pany of the said colony of Providence Plantations, to make their appeals
therein to us, bur heirs and successors, for redress in such cases, within
this our realm of England ; and that it shall be lawful to and for the in-
habitants of the said colony of Providence Plantations, without let or
molestation, to pass and repass, with freedom, into, and through the rest
of the English colonies, upon their lawful and civil occasions, and to
converse and hold commerce and trade with such of the inhabitants of
our other English colonies as shall be willing to admit them thereunto,
they behaving themselves peaceably among them ; any act, clause, or
sentence, in any of the said colonies provided, or that shall be provided,
to the contrary in any wise notwithstanding. And lastly, we do for us,
our heirs, and successors, ordain and grant unto the said Governor and
Company, and their successors, by these presents, that these our letters
patent shall be firm, good, effectual, and available in all things in the law,
to all intents, constructions, and purposes whatsoever, according to our
true intent and meaning hereinbefore declared ; and shall be construed,
reputed, and adjudged in all cases most favorably on the behalf, and for
the best benefit and behoof, of the said Governor and Company, and their
successors ; although express mention of the true yearly value or cer-
tainty of the premises, or any of them, or of any other gifts or grants by
us, or by any of our progenitors or predecessors, heretofore made to the
said Governor and Company of the English colony of Rhode Island and
Providence Plantations, in the Narragansett Bay, New England, in Amer-
ica, in these presents is not made, or any statute, act, ordinance, provision,
proclamation, or restriction, heretofore had, made, enacted, ordained, or
provided, or any other matter, cause, or thing whatsoever, to the contrary
thereof in any wise notwithstanding.

In witness whereof, we have caused these our letters to be made patent.
Witness ourself at Westminster, the eighth day of July, in the fifteenth
year of our reign.

By the King :

HOWARD.

No. 2.
Acceptance of the charter. .

"THE PROCEEDINGS OF A COURT OP COMMISSIONERS AT NEWPORT, NOVEM*

BER 24, 1663."

"For Providence.— Mr. William Field, Mr, William Carpender, Mr.
Zachary Rhods, Mr. William Harris, Mr. Richard Tew, Joseph Torrey.
• "Newport.— Mr. Benedick Arnold, Mr. William Brenton, Mr. William

Rep, No. 581. 51

Coddinglon, Mr. James Barker, Mr. John Coggeshall, Captayne John Crans-
ton.

" Portsmouth. — Mr. William Almye, Mr. Lot Strange, Mr. William Wod-
ail, Mr. Frances Brayton, Mr. William Hall, Mr. Philip Tabor.

" Warwick.— Mr. John Greene, Mr. Samuel Gorton, Mr. Randall Howl-
den, Mr. John Weekes, Mr. James Greene, Mr. Richard Carder.

" The President chosen Moderator,

" Voted, That Captayne George Baxter be desired to bring forth and pre-
sent the Charter to this Court,

"Voted, That this Court be adjourned until tomorrow morning, eight of
the clock, to give way for the Charter to be read.

<: Voted, That the Moderator of the Assembly be chosen by vote.

" The President chosen Moderator of the Assembly.

" At a very great meeting and Assembly of the Freemen of the Colony of
Providence Plantations at Newport, on Rhode Island in New England,
November 24, 1663—

" The above said Assembly beinge legally called, and orderly met for the
solemn Reception of his Majestyes Gracious Letters patent unto them sent,
and having in order thereto chosen the President Benedick Arnold, Mode-
rator of the Assembly,

" It was ordered and voted nernine contradicente :

« Voted 1. That Mr. John Clarke, the colony Agent's letter to the Presi-
dent, Assistants and Freemen of the Colony be opened and read, which
accordingly was done with good delivery and attention.

14 Voted 2. That the box in which the King's gracious Letters were en-
closed be opened, and the Letters, with the Broad Scale thereto affixed, be
taken forth and Read by Captayne George Baxter^ in the Audience and
and view of all the people ; which was accordingly done and the said Let-
ters, with his Majestyes Royal Stampe and the Broad Seale with much be-
seeming gravity held up on high and presented to the perfect view of the
people, arid so returned into the Box and locked up by the Governor in order
to the safe keeping it.

" Voted 3. That the most humble Thanks of this Colony, unto our gra-
cious Sovereign Lord, King Charles the second of England, &c. for the
high and Inestimable, yea incomparable grace and favor unto the Colony
in giving those his gracious Letters patents unto us ; thankes may be pre-
sented and returned by the Governor and Deputy-Governor in the behalf
of the whole Colony.

"Voted 4. That for present and until the Colony can otherwise declare,
than by words their obligations unto the most honorable Earl of Clarendon,
Lord High Chancellor of England, for his Exceeding great care and love
unto this Colony, as by our Agent above mentioned hath always been ac^
knowledged in his letters. The Governor and Deputy Governor are desired
to return unto his Lordship the humble thanks of the whole Colony.

" Voted 5. That Mr. John Clarke's Letter to the Governor, Deputy Gov-
ernor, Assistants and Freemen of this Colony be opened and read.

"Voted 6. That Mr. John Clarke the Colony's Agent in England, be
saved harmless in his Estate, and to that end that all his disbursements
going to England and all his Expenses and engagements there already laid
out, Expended, or Engaged in order to the procuring the King's Letters
patent for this Colony, and any other matters conducing to the Colony's be-
half in any sort whatsoever, as also all farther Expenses and Engagements

52 Rep. No. 581.

he shall be necessitated yet farther to disburse on such accounts, and until
he shall here arrive (as he saith he intends to come next spring) shall ail
be repayd, payd and discharged by this Colony of Rhode Island, and Prov-
idence Plantations, &c., in New England.

" Voted 7. That in Consideration of Mr. John Clarke's aforesaid, his great
pains, labor and travel with much faithfulness exercised for above 12 years
in behalf of this Colony in England j The thanks of the Colony be sent
unto him by the Governor and Deputy- Governor, and for a gratuity to him,
the Assembly Engage that the Colony shall pay unto the said John Clarke,
or unto his order here in Newport, over and besides what is above engaged,
The sum aVid full value of One Hundred Pounds Sterling, in current pay
of the Country, also to be paid at or before the 25th day of December in
the year 1664.

" Voted 8. That Captayne George Baxter shall have five and twenty
pounds sterling, in current pay, given him as a token from the Colony of
their Thankfull Presentment of the Charter of which he was the most faith-
full and happie bringer and presenter, by our Agents Order unto this Assem-
bly, besides the Charge of his being in and comminge from Boston there-
with to be also defrayed, and the said 25 pounds to be paid him with all
convenient speed.

" Voted 9. That all the above said Votes be recorded* by Joseph Torrey,
General Recorder, and so the Assembly is dissolved in order to the acquies-
cing his Majesty's order and Commands, in the Charter.

No. 3.
Act of 1663, regulating voting.

Law made and passed by the General Assembly of his Majesty's Colony of
Rhode Island and Providence Plantation s, begun and held at Newport)
the first day of March, 1663.

"AN ACT regulating the election of General officers/'

" Be it enacted by the General Assembly of this Colony and by the Au-
thority of the same it is hereby enacted. That all persons whatsoever, that
are inhabitants within this Colony, and ADMITTED FREEMEN OF THE SAME,
shall and may have liberty to vote for the Electing of all the General offi-
cers in this Colony, either in person or by proxy, upon the first Wednesday

of May annually, as is expressed in the Charter of the Colony.

#*###«

" And that each and every person that shall vote by proxy, shall on the
Town Meeting day next proceeding the General Election, openly in said
meeting, deliver in his Votes to the Town Clerk of the Town wherein he
dwells, with his name written at length on the backside or the bottom
thereof; which votes so taken, shall be immediately sealed up by the town
Clerk, and by him delivered either to an Assistant, Justice, Warden or
Deputy of said town, who shall be by the said Town Meeting appointed
for the same ; by him to be delivered to the Governor or Deputy-Governor
in open Court, before the Election proceed."

Rep. No. 581. 53

No. 4.

Act of 1665 — voters to be of competent estates.
[Extract from the State Records A. D. 1665.]

" And further this Assembly in a due sense of his Majesty's gracious
favor unto this Colony, in the second of those five above written, proposals,
Do order, enact, and declare, that so many of them that take the aforesaid
Engagement, and are of Competent Estates, Civil conversation, and Obe-
dient to the Civil Magistrate, shall be admitted freemen of this Colony, up-
on their express desire therein declared to the General Assembly, either by
themselves, with sufficient testimony of their fitness and qualifications as
shall by the Assembly be deemed satisfactory, or if by the Chief Officer of
the Towne or Townes where they live they be proposed and declared as
aforesaid ; and that none shall have admission to vote for public officers or
deputies, or enjoy any privelege of freemen till admitted by the Assembly
as aforesaid, and their names recorded in the General Records of this
Colony."

No. 5.
Acts of 1666 and 1667, regulating admission of freemen.

At the session of the General Assembly of Rhode-Island, &C7,4tr:frlay,
1666, was passed an act entitled

"AN ACT establishing the Election of Town Officers, in each respective Town in the Colony."

The third section of this act thus provides :

" And be it further enacted by the Authority aforesaid, That the Freemen
of each respective Town, on their respective Town meeting days, as shall
be by them appointed, shall and they hereby have full power granted them
to admit so many persons, inhabitants of their respective Towns, Freemen
of their Towns as shall be by them adjudged deserving thereof ; and that
the Town Clerk of each Town shall once every year send a Roll or List
of all Freemen so admitted in their respective Towns to the General As-
sembly, to be held for this Colony at Newport, the day before the General
Election, and also such persons that shall be so returned and admitted
freemen of the Colony, shall be inrolled in the Colony's Book by the Gen-
eral /Reorder."— Digest 1730, page 16.

At the General Assembly held at Newport, the 1st of May, 1667, it was
ordered and voted as follows :

" It is ordered by the present Assembly that whosoever shall attempt to
vote for the election of Governor. Deputy-Governor, or any other magis-
trate, or other officers that is to be chosen upon the day of Election, not
being a freeman of this Colony, he shall forfeit five pounds, or otherwise
fined or punished as the General Assemblyshall see meet."

"Voted, That no person shall be admitted into the freedom of this Cor-
poration upon the day of Election."

54 Rep. No. 581.

No. 6.
Act of 1723— qualification fixed at £100,

"AN ACT for directing the admitting freemen in the several towns of this Cuforcy.

"Be it enacted by the General Assembly of this Colony, and by the au-
thority of the same it is enacted, That from and after the publication of this
act, no person whatsoever shall be admitted a freeman of any town in this
Colony, unless the person admitted be a freeholder of lands, tenements, or
hereditaments, in such town where he shall be admitted free, of the value
of one hundred pounds, or to the value of forty shillings per annum, or
the eldest son of such a freeholder ; any act, custom, or usage to the con-
trary hereof notwithstanding." — Digest of 1730, page 131.

No. 7.
Act of 1729— qualification fixed at .£200.

"AN ACT directing the admitting of freemen in the several towns in this Colony.

" Be it enacted by the General Assembly of this Colony, and by the au-
thority of the same it is enacted, That no person whatsoever shall be ad-
mitted a freeman of any town in this Colony, unless the person admitted
be a freeholder of lands, tenements, or hereditaments, in such town where
he shall be admitted free, to the value of two hundred pounds, or ten pounds
per annum, or the eldest son of such a freeholder ; and if it be made ap-
pear that any such freedom has been obtained through any fraudulent
means or contrivance, such freedom shall and is hereby made void: any
law, custom, or usage to the contrary hereof in anywise notwithstand-
ing."— Digest of 1730, page 209.

No. 8.
Act of 1742 — same amount.

"AN ACT for the better regulation of the freemen voting, either at the general election, or
any town meeiing in this Colony."

"Be it enacted by the General Assembly, and by the authority thereof
it is hereby enacted, That from and after the publication of this act, no
person whatever in this Colony shall be admitted to vote or act as a free-
man in any town meeting in this Colony, or at the general election, but
such only who, at the time of such their voting or acting as Ireemen, are
really and truly possessed of lands, tenements, or hereditaments lying in
this Colony, of the full value of two hundred pounds or ten pounds per
annum, being their own freehold estate, or the eldest son of such a free-
holder."

Rep. No. 581. 55

No. 9.
Art of 1746— qualification fixed at £400.

"AN ACT directing ihe manner of admitting freemen, and for preventing bribery and cor-
ruption in the election of public officers in this Colony.

" Whereas, the manner of admitting freemen in this colony is so lax,
and their qualifications as to their estates so very low, that many persons
are admitted who are possessed with little or no property ; and it being
greatly to be feared, that bribery and corruption hath (by the encourage-
ment of evil minded persons, and by reason of such necessitous persons
being admitted freemen) spread itself in this government to the great scan-
dal thereof; so that the election of public officers hath been greatly in-
fluenced thereby ; and as the law already made hath been found altogether
ineffectual to prevent the same —

"Be it therefore enacted by the General Assembly, and by the authority
of the same. That from and after the publication of this act, no person
whatsoever shall be admitted to vote or act as a freeman in any town meet-
ing in this Colony, or at the general election, but such only who at the time
of such their voting or acting as freemen, are really and truly possessed of
lands, tenements, or hereditaments, within this Colony, to the full value of
four hund/ed pounds, or which shall rent for twenty pounds per annnmt
being their own free estate, or the eldest son of such a freeholder. And that
no person whatsoever shall hereafter be admitted free of any town in this
Colony, without being possessed of a freehold to the value above said, or
the eldest son of such a freeholder; and before they are admitted, they
shall be proposed to the town meeting of such town, at least three months
before such their admission ; and in case any dispute shall arise in respect
to the value of such freehold, the same shall be determined by two persons,
to be annually chosen by the town meetings of such respective town, and
to be under oath for that purpose." — Digest of 1752, page 12.

No. 10.
Act of 1760— qualification fixed at £40.

At the General Assembly of the Governor and Company of the English
colony of Rhode Island and Providence Plantations in New England in
America, begun and holden by adjournment at Newport, within and for
the said colony, on Monday the eighteenth day of August, in the year of
our Lord one thousand, seven hundred and sixty, and thirty-fourth of
the reign of his most sacred majesty George the Second, by the grace of
God, king of Great Britain, and so forth —

AN ACT regulating the general election.

And be it further enacted by the authority aforesaid, That no person in
this colony, for the future, shall vote and act as a freeman in any case
whatsoever, but such only who at the time of voting shall be truly and

56 Rep. No. 581.

really possessed of land or real estate, to be valued and determined agree-
able to former laws, of (he full value of forty pounds lawful money, or that
will rent yearly for forty shillings lawful money, or the eldest son of such a
freeman. ThaJ every person newly admitted free of any town, shall be ad-
mitted to put in his proxy vote for general officers in the town meeting at
his own town ; and such of them as shall be admitted freemen of the colony
by the General Assembly, their proxies shall be received and numbered at
the general election ; and such as shall not be so admitted free by the As-
sembly, shall be rejected, and thrown out.

STATE OP RHODE ISLAND, &c.,

Secretary's Office, May 22, 1844.

I certify that the foregoing is a true copy of the second paragraph of the
act entitled " An act regulating the general election," passed by the General
Assembly at the session holden as above mentioned, truly compared with
the record.

Witness, HENRY BO WEN, Secretary.

No. 11.
Act of May, 1776, renouncing allegiance to the king of Great Britain.

AN ACT repealing an act entitled " An act for the more effectually securing to his majesty
the allegiance of his subjects in this his colony and dominion of Rhode Island and Providence-
Plantations," and altering the forms of commissions of all writs and processes in the courts,
and of the oath prescribed by law.

Whereas, in all States existing by compact, protection and allegiance
are reciprocal, the latter being only due in consequence of the former ; and
whereas George the Third, king of Great Britain, forgetting his dignity,
regardless of the compact most solemnly entered into, ratified, arid confirmed
to the inhabitants of this colony by his illustrious ancestors, and till of late
fully recognised by him, and entirely departing from the duties and char-
acter of a good king, instead of protecting, is endeavoring to destroy the
good people of this colony, and of all the united colonies, by sending fleets
and armies to America to confiscate our property, and spread fire, sword,
and desolation throughout our country, in order to compel us to submit to
the most debasing and detestable tyranny, whereby we are obliged by neces-
sity, and it becomes our highest duty to use every means with which God
and nature have furnished us, in support of our invaluable rights and privi-
leges, to oppose that power which is exerted only for our destruction —

Be it therefore enacted by this General Assembly, and by the authority
thereof it is enacted, That an act entitled "An act for the more effectual se-
curing to his majesty the allegiance of his subjects in this his colony and
dominion of Rhode Island and Providence Plantations," be, and the same is
hereby, repealed.

And be it further enacted by this General Assembly, and by the au-
thority thereof it is enacted, That in all commissions for offices, civil and
military, arid in all writs and processes in law, whether original, judicial,
or executory, civil or criminal, wherever the name and authority of the

Rep. No. 581. 57

said king is made use of, the same shall be omitted, and in the room thereof
the name and authority of the governor and company of this colony shall
be substituted in the following words to wit : The Governor and Company
of the English Colony of Rhode Island and Providence Plantations. That
all such commissions, writs, and processes shall be otherwise of the same
form and tenor as they heretofore were; that the courts of law be no
longer entitled nor considered as the king's courts; and that no instrument
in writing of any nature or kind, whether public or private, shall in the
date thereof mention the year of the said king's reign : Provided neverthe-
less, That nothing in .this act contained shall render void or vitiate any
commission, writ, process, or instrument heretofore made or executed, on ac-
count of the name and authority of the said king's being therein inserted.

And be it further enacted by the authority aforesaid, That the oaths or
engagements to be administered to the officers appointed in this colony,
shall be as follows, to wit:

" GENERAL OFFICERS.

« You, , being by the free vote of the freemen of this colony of

Rhode Island and Providence Plantations, elected unto the place of ,

do solemnly engage to be true and faithful unto this said colony, and in
your said office equal justice to do unto all persons, poor and rich, within
this jurisdiction, to the utmost of your skill and ability, without partiality,
according to the laws established, or that may be established by the Gen-
eral Assembly of this colony, as'well in matters military as civil ; and this
engagement you make and give upon the peril of the penalty of perjury."

No. 12.
Ratification of the declaration of independence.

" STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

''•In General Assembly, July session, 1776.

" This General Assembly, taking into the most serious consideration the
resolution of the most honorable the General Congress of the United States
of America, of the 4th instant, declaring the said States free and indepen-
dent States, do approve the said resolution ; ajid do most solemnly engage
that we will support the said General Congress in the said resolution with
our lives and fortunes."

"STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

" In General Assembly, July 19, 1776.

" It is voted and resolved, That the resolution of the General Congress
declaring the united colonies free and independent States, and the act of
this Assembly approving said resolution, be published by the secretary to-
morrow, in Newport, at 12 o'clock, in presence of both houses of the Gen-
eral Assembly ; that thirteen cannon be discharged at Fort Liberty, upon
reading the said proclamation ; and that the brigade be drawn up on the

58 Hep. No. 581.

parade, in thirteen divisions, and immediately after the discharge of the
cannon make a discharge of musketry, each division firing one volley in
succession.

"It is further voted and resolved, That the said resolution and act be
published in Providence, on Thursday next, at 12 o'clock, in such manner
as his honor the governor shall think fit, and that thirteen cannon be dis-
charged on the occasion.

"And it is further voted and resolved, That the said resolution and act
be read in the several town meetings to be holden on the last Tuesday in
August next; and that the secretary seasonably furnish the necessary
copies."

No. 13.
Ratification of the confederation.

" SESSION OF ASSEMBLY, February 1778.

"This Assembly having taken into consideration the articles of confed-
eration and perpetual union between the States of New Hampshire, Massa-
chusetts Bay, Rhode Island and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, South Carolina, and Georgia, transmitted by Congress to this
State; and having had them repeatedly read, and having maturely weighed,
and most seriously deliberated upon them, as their importance to this and
the other States, and to posterity, deserves : and considering, also, the press-
ing necessity of completing the union as a measure essential to the preser-
vation of the independence and safety of the said States :

" Do vote and resolve, and it is voted and resolved, That the Hon. Ste-
phen Hopkins, esq , William Ellery, esq., and Henry Marchant, esq., the
delegates to represent this St#te in Congress, or any one of them, be, and
they are hereby, fully authorized and empowered, on the part and behalf
of this State, to accede to and sign the said articles of confederation and
perpetual union, in such solemn form and manner as Congress shall think
best adapted to a transaction so important to the present and future genera-
tions, provided that the same be acceded to by eight of the other States.
And in case any alterations in, or additions to, the said articles of confedera-
tion and perpetual union, shall be made by nine of the said States in Con-
gress assembled, that the said delegates, or any one of them, be, and they
are hereby, authorized and empowered in like manner to accede to, and
sign the said articles of confederation and perpetual union, with the altera-
tions and additions which shall be so made.

" It is further voted and resolved, That this Assembly will, and do here-
by, in behalf of the said State of Rhode Island and Providence Plantations,
in the most solemn manner, pledge the faith of the said State to hold and
consider the acts of the said delegates, or any one of them, in so acceding
to and signing the said articles of confederation and perpetual union, as
valid and binding upon the said State in all future time.

"And it is further voted and resolved, That a fair copy of this act be
made and authenticated under the public seal of this State, with the signa-
ture of his excellency the governor, and be transmitted to the said dele-

Rep. No. 581. 59

gates; and that the same shall be sufficient warrant and authority to the
said delegates, or any one of them, for the purposes aforesaid."

The second article of the "confederation" for the preservation of State
rights is in these words :

"ARTICLE 2. Each State retains its sovereignty, freedom, and indepen-
dence, and every power, jurisdiction, and right, which is not by this con-
federation expressly delegated to the United Slates in Congress assembled."

No. 14.

Documents in relation to the adoption of the constitution of the United

States.

The convention which formed the constitution of the United States
adopted the following resolution :

" IN CONVENTION,
" Monday, September 17, 1787.

"Resolved, That the preceding constitution be laid before the United
States in Congress assembled, and that it is the opinion of this convention
that it should afterwards be submitted to a convention of delegates chosen
in each State by the people thereof, under the recommendation of its legis-
lature, for their assent arid ratification ; and that each convention assenting
to and ratifying the same, should give notice thereof to the United States
in Congress assembled."

Act of the General Assembly of Rhode Island, calling a convention un-
der the above resolution, passed at their January session, A. D. 1789.

"AN ACT for calling a convention to take into consideration the constitution proposed for the
United States, passed on the 17ih of September, A. D. 1787, by the general convention held at
Philadelphia.

u Be it enacted by this General Assembly, and by the authority thereof
it is hereby enacted, That the new constitution proposed for the United
States, passed on the 17th of September, A. D. 1787, by the General Con-
vention held at Philadelphia, be submitted to the people of this State repre-
sented in a State convention, for their full and free investigation and deci-
sion, agreeably to the resolve of the said convention ; that it be recommend-
ed to the freemen of the several towns qualified to vote in the election of
deputies to the General Assembly, to convene in their respective towns, in
legal .town meeting, on the second Monday in February next, and then to
choose the same number of delegates as they are entitled to elect deputies
to represent them in the said convention ; and that the said convention be
holden at South Kingstown on the first Monday in March next.

"And be it farther enacted by the authority aforesaid, That the said con-
vention be, arid hereby is, empowered, and fully authorized, finally to de-

60 Rep. No. 581.

cide on the said constitution, as they shall judge to be most conducive to
the interests of the people of this State; and that the said convention cause
the result of their deliberations and proceedings relative to the aforesaid
constitution to be transmitted to the President of the United States of Amer-
ica as soon after the rising thereof as may be.

" It is voted and resolved, That his excellency the governor be, and he
is hereby, requested to transmit a copy of this act to the President of the
United States immediately.

" It is ordered, That the secretary cause copies hereof to be transmitted
to each town clerk in the State without the least delay."

No. 15.

Ratification of the constitution of the United States by the convention of
the State of Rhode Island and Providence Plantations.

" We. the delegates of the people of the State of Rhode Island and Provi^
dence Plantations, duly elected and met in convention, having maturely
considered the constitution for the United States of America, agreed to on
the seventeenth day of September, in the year one thousand seven hundred
and eighty-seven, by the convention then assembled at Philadelphia, in the
commonwealth of Pennsylvania, (a copy whereof precedes these presents;)
and having also seriously and deliberately considered the present situation
of this State, do declare and make known —

"I. That there are certain natural rights, of which men, when they form
a social compact, cannot deprive or divest their posterity ; among which are
the enjoyment of life and liberty, with the means of acquiring, possessing,
and protecting property, and pursuing and obtaining happiness and safety.

"II. That all power is naturally vested in, and consequently derived from,
the people ; that magistrates, therefore, are their trustees and agents, and
at all times amenable to them.

" III. That the powers of government may be re-assumed by the people,
Whensoever it shall become necessary to their happiness. That the rights
of the States respectively to nominate and appoint all State officers, and
every other power, jurisdiction, and right, which is not by the said consti-
tution clearly delegated to the Congress of the United States, or to the de-
partments of government thereof, remain to the people of the several States,
or their respective State governments, to whom they may have granted the
same; and that those clauses in the said constitution which declare that
Congress shall not have or exercise certain powers, do not imply that Con-
gress is entitled to any powers not given by the said constitution, but such
clauses are to be construed either as exceptions to certain specified powers,
or as inserted merely for greater caution.

"IV. That religion, or the duty which we owe to our Creator, and the
manner of discharging it, can be directed only by reason and conviction,
not by force or violence ; and therefore all men have an equal, natural, and
unalienable right to the free exercise of religion, according to the dictates
of conscience ; and that no particular religion, sect, or society ought to be
favored or established, by law, in preference to others.

"V. That the legislative, executive, and judiciary powers of government

Rep. No. 581. 61

should be separate and distinct ; and that the members of the two first may
be restrained from oppression, by feeling and participating the public bur-
dens, they should at fixed periods be reduced to a private station, return
into the mass of the people, and the vacancies be supplied by certain and
regular elections, in which all or any part of (he former members to be
eligible, or ineligible, as the rules of the constitution of government and
the laws shall direct.

" VI. That elections of representatives in the legislature ought to be free
and frequent; and all men having sufficient evidence of permanent common
interest with) and attachment to, the community, ought to have the right of
suffrage ; and no aid, charge, tax, or fee, can be set, rated, or levied upon
the people, without their own consent, or that of their representatives so
elected ; nor can they be bound by any law to which they have riot in like
manner assented for the public good.

" VII. That all power of suspending laws, or the execution of laws, by
any authority, without the consent of the representatives of the people in the
legislature, is injurious to their rights, and ought not to be exercised.

" VIII. That, in all capital and criminal prosecutions, a man hath a right
to demand the cause and nature of his accusation, to be confronted with,
the accusers and witnesses, to call for evidence and be allowed counsel in
his favor, and to a fair and speedy trial by an impartial jury of his vicinage,
without whose unanimous consent he cannot be found guilty, (except in
the government of the land and naval forces ;) nor can he be compelled to
giye evidence against himself.

" IX. That no freeman ought to be taken, imprisoned, or disseized of
his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in
any manner destroyed or deprived of his life, liberty, or property, but by
the trjal by jury, or by the law of the land.

" X. That every freeman restrained of his liberty is entitled to a reme-
dy, to inquire into the lawfulness thereof, and to remove the same if un-
lawful, and that such remedy ought not to be denied or delayed.

" XL That, in controversies respecting property, and in suits between
man and man, the ancient trial by jury, as hath been exercised by us and
our ancestors from the time whereof the memory of man is not to the con-
trary, is one of the greatest securities to the rights of the people, and ought
to remain sacred and inviolable.

" XII. That every freeman ought to obtain right and justice, freely and
without sale, completely and without denial, promptly and without delay;
and that all establishment^or regulations contravening these rights are
oppressive and unjust.

" XIII. That excessive bail ought not to be required, nor excessive fines
imposed, nor cruel or unusual punishments inflicted.

" XIV. That every person has a right to be secure from all unreasonable
searches and seizures of his person, his papers, or his property ; and there-
fore that all warrants to search suspected places, or seize any person, his
papers, or his property, without information upon oath, or affirmation of
sufficient cause, are grievous and oppressive ; and that all general warrants
(or such in which the place or person suspected are not particularly desig-
nated) are dangerous, and ought not to be granted.

" XV. That the people have a right peaceably to assemble together to
consult for their common good, or to instruct their representatives ; and

62 Rep. No. 581

that every person has a right to petition or apply to the legislature for re-
dress of grievances.

"XVI. That the people have a right to freedom of speech, and of wri-
ting and publishing their sentiments. That freedom of the press is one of
the greatest bulwarks of liberty, and ought not to be violated.

" XVII. That the people have a right to keep and bear arms ; that a
well-regulated militia (including the body of the people capable of bearing
arms) is the proper, natural, and safe defence of a free State ; that the mi-
litia shall not be subject to martial law, except in time of war, rebellion, or
insurrection ; that standing armies in time of peace are dangerous to lib-
erty, and ought not to be kept up, except in cases of necessity ; and that, at
all times, the military should be under strict subordination to the civil
power ; that, in time of peace, no soldier ought to be quartered in any
house without the consent of the owner; and in time of war, only by the
civil magistrate in such manner as the law directs.

" XVIII. That any person religiously scrupulous of bearing arms ought
to be exempted upon payment of an equivalent to employ another to bear
arms in his stead.

" Under these impressions, and declaring that the rights aforesaid cannot
be abridged or violated, and that the explanations aforesaid are consistent
with the said constitution, and in confidence that the amendments hereafter
mentioned will receive an early and mature consideration and, conforma-
bly to the fifth article of said constitution, speedily become a part thereof:
We, the said delegates, in the name and in the behalf of the people of the
State of Rhode Island and Providence Plantations, do, by these presents,
assent to and ratify the said constitution : in full confidence, nevertheless,
that, until the amendments hereafter proposed shall be agreed to and ratified,
pursuant to the aforesaid fifth article, the militia of this State will not be
continued in service out of this State fo? a longer term than six weeks,
without the consent of the legislature thereof ; that the Congress will not
make or alter any regulation in this State respecting the times, places, and
manner of holding elections for senators or representatives, unless the legis-
lature of this State shall neglect or refuse to make laws or regulations for
the purpose, or from any circumstance be incapable of making the same,
and that in those cases such power will only be exercised until the legisla-
ture of this State shall make provision in the premises ; that the Congress
will not lay direct taxes within this State, but when the moneys arising
from the impost, tonnage, and excise, shall be insufficient for the public
exigencies ; nor until the Congress shall have ^st made a requisition upon
this State to assess, levy, and pay the amounf of such requisition, made
agreeable to the census fixed in the said constitution, in such way and
manner as the legislature of this State shall judge best ; and that the Con-
gress will not lay any capitation or poll tax.

" Done in convention at Newport, in the county of Newport, in the State
of Rhode Island and Providence Plantations, the twenty-ninth day of
May, in the year of our Lord one thousand seven hundred and nine-
ty, and in the fourteenth year of the independence of the United States
of America.

" By order of the convention.

"DANIEL OWEN, President.
"Attest,

« DANIEL UPDIKE, Secretary"

Rep. No. 581. 63

"And the convention do, in the name and behalf of the people of the
State of Rhode Island and Providence Plantations^ enjoin it upon their
senators and representative or representative^ which may be elected to rep-
resent this State in Congress, to exert all their influence, and use all reason-
able means, to obtain a ratification of the following amendments to the said
constitution, in the manner prescribed therein, and in all laws to be passed
by the Congress.in the mean time, to conform to the spirit of the said amend-
ments as far as the constitution will admit.

" AMENDMENTS."

"I. The United States shall guaranty to each State its sovereignty, free-
dom, and independence, and every power, jurisdiction, and right, which is
not by this constitution expressly delegated to the United States.

"II. That Congress shall not alter, modify, or interfere in the times,
places, or manner of holding elections for senators and representatives, or
either of them, except when the legislature of any State shall neglect, refuse,
or be disabled by invasion or rebellion, to prescribe the same ; or in case
when th'e provision made by the State is so imperfect as that no consequent
election is had ; and then only until the legislature of such State shall make
provision in the premises.

" III. It is declared by the convention, that the judicial power of the
United States, in cases in which a State may be a party, does not extend to
criminal prosecutions, or to authorize any suit by any person against a State :
but to remove all doubts or controversies respecting the same, that it be es-
pecially expressed as a part of the constitution of the United States, that
Congress shall not directly or indirectly, either by themselves or through
the judiciary, interfere with any one of the States, in the redemption of pa-
per money already emitted and now in circulation, or in liquidating or dis-
charging the public securities of any one State ; that each and every State
shall have the exclusive right of making such laws and regulations for the
before mentioned purpose as they shall think proper.

" IV. That no amendments to the constitution of the United States, here-
after to be made pursuant to the fifth article, shall take effect, or become a
part of the constitution of the United States, after the year one thousand
seven hundred and ninety-three, without the consent of eleven of the States
heretofore united under the confederation.

u V. That the judicial powers of the United States shall extend to no
possible case where the cause of action shall have originated before the rati-
fication of this constitution ; except in disputes between States about their
territory, disputes between persons claiming lands under grants of different
States, and debts due to the United States.

" VI. That no person shall be compelled to do military duty otherwise
than by voluntary enlistment, except in cases of general invasion ; anything
in the second paragraph of the sixth article of the constitution, or any law
made under the constitution, to the contrary notwithstanding.

" VII. That no capitation or poll tax shall ever be laid by Congress.

"VIII. In cases of direct taxes, Congress shall first make requisitions on
the several States to assess, levy, and pay their respective proportions of
such requisitions, in such way and manner as the legislatures of the several
States shall judge best ; and in case any State shall neglect or refuse to pay
its proportion pursuant to such requisition, then Congress may assess and

64 Rep. No. 581.

levy such State's proportion, together with interest at the rate of six per
cent, per annum, from the time prescribed in such requisition.

"IX. That Congress shall lay no direct taxes without the consent of the
legislatures of three-fourths of the States in the Union.

" X. That the journals of the proceedings of the Senate and House of
Representatives sryill be published as soon as conveniently may be, at least
once in every year ; except such parts thereof relating to treaties, alliances,
or military operations, as in their judgment require secrecy.

" XL That regular statements of the receipts and expenditures of all pub-
lic moneys shall be published at least once a year.

"XII. As standing armies in time of peace are dangerous to liberty, and
ought not to be kept up except in cases of necessity, and as at all times the
military should be under strict subordination to the civil power, that there-
fore no standing army or regular troops shall be raised or kept up in time
of peace.

" XIII. That no moneys be borrowed on -the credit of the United States,
without the assent of two-thirds of the senators and representatives present
in each house.

" XiV. That the Congress shall not declare war without the concurrence
of two-thirds of the senators and representatives present in each house.

" XV. That the words ' without the consent of Congress,' in the seventh
clause in the ninth section of the first article of the constitution, be expunged.

"XVI. That no judge of the Supreme Court of the United States shall
hold any other office under the United States, or any of them ; nor shall
any officer appointed by Congress, or by the President and Senate of the
United States, be permitted to hold any office under the appointment of any
of the States.

" XVII. As a traffic tending to establish or continue the slavery of any
part of the human species is disgraceful to the cause of liberty and humani-
ty, that Congress shall, as soon as may be, promote and establish such Jaws
and regulations as may effectually prevent the importation of slaves of every
description into the United States.

" XVIII. That the State legislatures have power to recal, when they think
it expedient, their federal senators, and to send others in their stead.

" XIX. That Congress have power to establish a uniform rule of inhab-
itancy or settlement of the poor of the different States throughout the United
States.

"XX. That Congress erect no company with exclusive advantages of
commerce.

" XXI. That when two members shall move or call for the ayes and
nays on any question, they shall be entered on the journals of the houses
respectively.

"Done in convention, at Newport, in the county of Newport, in the State
of Rhode Island and Providence Plantations, the twenty-ninth day of
May, in the year of our Lord one thousand seven hundred and ninety,
and the fourteenth year of the independence of the United States of
America.

« By order of the convention,

"DANIEL OWEN, President.
"Attest,

" DANIEL UPDIKE, Secretary"

Rep. No. 581. 65

No. 16.
Att of 1798 regulating voting— -fixes the qualficiation at $134.

"AN ACT regulating the manner of admitting freemen and directing the method of electing

officers in this State,

"SECTION 1. Be it enacted by the General Assembly, and by the
authority thereof it is enacted, That the freemen of each respective town in
this State, at any of their town meetings, shall, and they hereby have full
power granted them to admit so many persons, inhabitants of their re-
spective towns, freemen of their towns, as shall be qualified according to
this act.

"SEC. 2. And be if further enacted, That no person whosoever shall be
permitted to vote or act as a freeman in any town meeting in this State,
but such only who are inhabitants therein, and who, at the time of such
their voting and acting, are really and truly possessed, in their own proper
right, of a real estate within this State, to the full value of one hundred and
thirty four dollars, or which shall rent for seven dollars per annum, being
an estate in fee simple, fee-tail, or an estate in reversion which qualifies no
other person to be a freeman, or at least an estate for a person's own life,
or the eldest son of such a freeholder: and that no estate of a less quality
shall entitle any person to the freedom of this State."

{NoTB.— The law has remained substantially the same from 1798 up to the recent changes.]

No. 17.
Hill extending suffrage, passed by the Senate in 1811.

rJ*T» \.'(

Be it enacted^ 4*c., That every white male citizen of this State, who has
attained to the age of twenty one years, and who is rated for a poll or
property tax, or who is or has been enrolled in the militia of this State,
shall be hereafter entitled to vote for general officers of this State, and for
persons to represent the respective towns in General Assembly : Provided,
That no citizen shall be entitled to vote by virtue of his being, or having
been, enrolled in the militia, who is exempted from military duty in con-
sequence of any bodily defect or infirmity: Provided, also, That no citizen
shall be entitled to vote in any town for the officers or persons aforesaid,
except the one wherein such citizen shall have been a resident for the space
of one year next preceding the time of such voting : And provided always,
That every citizen qualified as aforesaid shall be entitled to vote as afore-
said, notwithstanding he may not have been admitted a freeman in any
town in this State.

5

66 Rep. No. 581.

No. 18.

Act of Assembly, A. D. 1821, for calling a co?ivention to form a constitu-
tion, with the votes thereon.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

In General Assembly, February session, A. D. 1821.

..,'.* »

AN ACT to ascertain the opinion of the freemen of this State on the expediency of a conven-
tion to form a written constitution of government.

Whereas it is the unalienable and undoubted right of the freemen of this
State to make and institute such republican form oi government, not re-
pugnant to the rights of man, or to the constitution of the United States, as
to them shall seem meej and proper, and the same from time to time to
alter and amend, or wholly to repeal and annul, at their pleasure: And
whereas this General Assembly is fully persuaded that the present situation
of public affairs presents a more favorable opportunity to begin and perfect
a written constitution of government for the State, than has occurred for
many years : Therefore,

SECTION 1. Be it enacted by the General Assembly, and by the author-
ity thereof it is enacted, That the freemen of this State, legally qualified
to vote for State officers, be, and they hereby are, authorized, at their annual
town meetings, to be holden on the third Wednesday of April next, to vote
by ballot, yes or no, on the following proposition, viz : " Is it expedient that
the General Assembly, at their next May session, proceed to pass an act
providing for the election of delegates by the freemen of the several towns,
in the same numbers and proportions as said towns are now respectively
represented in General Assembly, and organizing said delegates into a con-
vention for the purpose of forming a written constitution of government
for this State?'' And the town clerks of the .respective towns are hereby
required to insert a notice to that effect in the warrants which they shall
issue to convene said annual town meetings.

SEC. 2. And be it further enacted, That it shall be the duty of the secre-
tary to procure and transmit to the town clerks of all the towns in the
State, in due proportions, not less than ten thousand printed tickets of the
aforesaid proposition, to be by the said town clerks distributed to the free-
men. And the freemen who shall vote on said proposition shall write their
first and last names on the back thereof, at largo, and also the word. "yes"
or " no," as shall be their opinions respectively ; and all the votes which
shall be given as aforesaid shall, by the moderators of said meetings, be
caused to be sealed up by the clerks in their presence, in open town meet-
ings, and returned to the May session of this General Assembly next en-
suing, with certified lists of the names of the freemen who shall have voted
on said proposition : Provided, however, That nothing herein shall invali-
date the vote of any freeman who shall write said proposition, and sign the
same as aforesaid.

IN GENERAL ASSEMBLY, May session, A. D. 1821.
The committee appointed to count the votes given in by the freemen of
this State, in conformity to an act of the General Assembly upon the pro-
position for appointing delegates to form a written constitution for the State,

Rep. No. 581. 67

report: That they find (he whole number of votes given in was 3,524; of
which 1,905 were nays, arid 1>619 were yeas; and that the majority is 286
against the proposition.

JOSEPH CHILDS,

For the committee.

No. 19.

Act of Assembly, A. D. 1822, providing for calling a convent-ion to form a
constitution, with the vote thereon.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

In General Assembly, January session^ A. D. 1822.

AN ACT to ascertain the opinion of the freemen of this State on the expediency of calling a
convention to form a written constitution of government.

SECTION I, Be it enacted by the General Assembly, That at the several
town meetings to be holden in this State on the third Wednesday in April
next, a proposition, in the following words, be submitted to the freemen for
their consideration and decision thereon : " Is it expedient that an act be
passed by the General Assembly, providing for the election of delegates by
the freemen of the several towns, in the same numbers and proportions as
said towns are now respectively represented in General Assembly, and or-
ganizing said delegates into a convention for the purpose of forming a writ-
ten constitution of government for this State; such constitution, when
formed, to be submitted to the freemen for their final decision thereon?"
And the town clerks of the respective towns are hereby required to insert a
notice to that effect in the warrant which they shall issue to convene said
town meetings.

SEC. 2. And be it further enacted, That it shall be the duty of the
Secretary to send to each and every town clerk a certified copy of this act,
and also to procure and send to said town clerks, in due proportions, four-
teen thousand printed tickets of the aforesaid proposition, to be distributed
by said town clerks to the freemen on the day of town meeting ; on the
back of one half the number of which tickets the word "yes" shall be
printed, and the word "no" on the back of the other half thereof. And
the freemen who shall vote on said proposition shall write their Christian
and surnames at large on the back thereof; and all said votes shall be seal-
ed up in open town meeting, by said town clerks, and shall be returned to
the next succeding session of the General Assembly, in the same manner as
the votes for general officers are by law required to be sealed up and trans-
mitted.

IN GENERAL ASSEMBLY, May session, A. D. 1822.
The committee appointed to count the proxies for a convention to form a
written constitution, report : That the whole number received is 2,647 ; that
there were for the convention 843 — against it 1,804.

»

68 Rep. No. 581.

No. 20.
Act of 1824, calling- a convention.

AN ACT to authorize the holding a convention for the purpose of forming a written consti-
tution ot government for this State,

SECTION 1. Be it enacted by the General Assembly, and by the au-
thority thereof it is enacted, That the freemen of the several towns within
this State, qualified to vote for general officers therein, be, and they hereby
are requested, at the annual town meetings in April next, to choose so many
delegates (and of like qualifications) as they are now respectively entitled to
choose representatives in the General Assembly, to attend a convention for
the purpose of framing a written constitution of government for this State.

SEC. 2. And be it further enacted, That the delegates ihus chosen shall
meet in convention at Newport, on the twenty-first day of June next, for
the purpose aforesaid; that a majority of the whole number of delegates
which all the towns are entitled to choose shall constitute a quorum, who
may elect a president and secretary, judge of the qualifications of the mem-
bers returned, and establish such rules and regulations for their govern-
ment as they may think necessary : Provided, however, That any tow/i
which may neglect to elect its legal number of delegates at the said town
meetings in April, may elect such delegates at any time previous to the
meeting of said convention : Provided, also, That said convention shall
have power to adjourn from day to day, until a quorum may be formed, and
until they shall have completed the object of their appointment.

SEC. 3. And be it further enacted, That after said convention shall have
framed such a constitution of government as they may think proper, the
same shall be submitted to the freemen for their ratification in town meet-
ing, to be called or holden at such time as shall be directed by said conven-
tion ; that the secretary of said convention shall, immediately after the dis-
solution thereof, return to the secretary of this State a true and attested
copy of such constitution, signed by the president and secretary of said
convention ; that the secretary of this State shall thereupon forthwith pre-
pare and distribute to the several town clerks, in due proportion, five hun-
dred printed copies thereof; and also eight thousand ballots, on the face of
which shall be printed as follows, viz: "Do you ratify the constitution
framed by the delegates met in convention at Newport on the twenty-first
day of June, A. D. 1824?" and on the back thereof, "yes" or "no."

SEC. 4. And be it further enacted, That at the town meetings to be call-
ed or holden as aforesaid, every freeman voting therein shall write his
name on the back of such ballot, which ballots shall be by the several town
clerks sealed up in open town meeting, and, together with a copy of the list
of the names of the persons who voted, shall be returned to the General
Assembly, at its session next after the freemen have so voted thereon. And
the said General Assembly shall examine and count the same as votes for
general officers are received and counted; and if, upon such examination, it
shall appear that three-fifths of the ballots thus returned are in favor of the
ratification of such constitution, the same shall thereby be ratified and estab-
lished accordingly ; and the said constitution shall go into operation and
effect at such time and in such manner as said convention shall prescribe.

Rep. No. 581. 69

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

In General Assembly, October session, A. D. 1824.

The committee appointed to count the votes on the constitution, report :
That the whole number for, are 1,668 ; and the whole number against, are
3,206 ; leaving a majority against its ratification of 1,538.

No. 21.

Act calling a convention, June, 1834.

IN GENERAL ASSEMBLY, June session, 1834.
AN ACT to provide for holding a convention for the purposes therein mentioned.

SECTION 1. Be it enacted by the General Assembly, and by the authority
thereof it is enacted, That on the first Monday of September next, a con-
vention shall be holden at Providence for the purpose of amending the
present, or proposing a new constitution for this State.

SEC. 2. And be it further enacted, That the freemen of the several towns
within this State, and of the city of Providence, qualified to vote for gene-
ral officers, be, and they are hereby, requested to choose, at the semi-annual
town or ward meetings in August next, so many delegates, and of like quali-
fications, as they are now respectively entitled to choose representatives to
the General Assembly, to attend said convention.

SEC. 3. And be it further enacted, That a majority of the whole number
of delegates which all the towns are entitled to choose shall constitute a
quorum, who may elect a president and secretary, judge of the qualifica-
tions of the members, and establish such rules of proceeding as they may
think necessary. And any town or city which may omit 10 elect its dele-
gates at the said meetings in August, may elect them at any time previous
to the meeting of the said convention.

SEC. 4. And be it further enacted, That the constitution, or amendments
agreed upon by said convention, shall *be submitted to the freemen in open
town or ward meetings, to be holden at such time as may be named by said
convention. The said constitution or amendments shall be certified by the
president and secretary, and returned to the secretary of state, who shall
forthwith distribute to the several town or city clerks, in due proportion,
one thousand printed copies thereof, and also fifteen thousand ballots, on
one side of which shall be printed "Amendments (or constitution) adopted
by the convention held at Providence on the first Monday of September
last ;" and on the other side, the word approve on one half of said ballots,
and the word reject on the other half.

SEC. 5. And be it further enacted, That at the town or ward meetings
to be holden as aforesaid, every freeman voting shall have his name written
on the back of his ballot, and the ballots shall be sealed up in open town or
ward meeting by the clerks, and, with lists of the names of the voters, shall
be returned to the General Assembly at its next succeeding session ; and said
General Assembly shall cause said ballots to be examined and counted ; and
said amendments or constitution, being approved of by a majority of the

70 r Rep. No. 581.

freemen voting, shall go into operation and effect at such time as may be
appointed by said convention.

SEC. 6. And be it further enacted, That a sum not exceeding three
hundred dollars be appropriated for defraying the expenses of said conven-
tion, to be paid according to the order of said convention, certified by its
president ; and that the members thereof shall have no claim on the treas-
ury of the State for pay for their attendance thereon.

, No. 22.
Resolutions calling a convention, January, 1841.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

In General Assembly, January session, A. D. 1841.

Resolved by the General Assembly, (the Senate concurring with the
House of Representatives therein,) That the freemen of the several towns
in this State, and of the city of Providence, qualified to vote for general
officers, be, and they are hereby, requested to choose, at their semi annual
town or ward meetings in August next, so many delegates, and of like
qualifications, as they are now respectively entitled to choose represent-
atives to the General Assembly, to attend a convention to be holden at
Providence on the first Monday of November, 1841, to frame a new con-
stitution for this State, either in whole or in part, with full powers for this
purpose; and if only for a constitution in part, that said convention have
under their especial consideration the expediency of equalizing the repre-
sentation of the towns in the House of Representatives.

Resolved, That a majority of the whole number of delegates which all
the towns are entitled to choose shall constitute a quorum, who may elect
a president and secretary, judge of the qualifications of the members, and
establish such rules and proceedings as they may think necessary ; and any
town or city which may omit to elect its delegates at the said meetings in
August, may elect them at any time previous to the meeting of said con-
vention.

Resolved, That the constitution, ffr amendments, agreed upon by such
convention, shall be submitted to the freemen in open town or ward meet-
ings, to be holden at such time as may be named by said convention. The
said constitution, or amendments, shall be certified by the president and sec-
retary, and returned to the secretary of state, who shall forthwith distribute
to the several town and city clerks, in due proportion, one thousand printed
copies thereof; and also fifteen thousand ballots, on one side of which shall
be printed "Amendments (or constitution) adopted by the convention holden
at Providence on the first Monday of JNovember last;'7 and on the other
side, the word approve on one half of the said ballots, and the word reject
on the other half.

Resolved, That at the town or ward meetings to be holden as aforesaid,
every freeman voting shall have his name written on the back of his ballot ;
and the ballots shall be sealed up in open town or ward meeting by the clerks,
and; with lists of the names of the voters, shall be returned to the General
Assembly at its next succeeding session ; and said General Assembly shall
cause said ballots to be examined and counted ; and said amendments, or

Rep. No. 581. 71

constitution, being approved of by a majority of the freemen voting, shall
go into operation and effect at such time as may be appointed by said con-
vention.

Resolved, That a sum not exceeding three hundred dollars be appropri-
ated for defraying the expenses of said convention, tu be paid according to
the order of said convention, certified by its president.
True copy — Witness;

HENRY BOWEN, Secretary.

No. 23.
Act apportioning delegates to convention^ May, 1841.

IN GENERAL ASSEMBLY, May session, A. D. 1841.

Resolved by this General Assembly, (the Senate concurring with, the
House of Representatives therein,) That the delegates from the several
towns to the State convention to be holden in November next, for the purpose
of framing a State constitution, be elected on the basis of population in the
following manner, to wit : Every town of not more than 850 inhabitants
may elect one delegate ; of more than 850, and not more than 3,000 in-
habitants, two delegates ; of more than 3,000, and not more than 6,000
inhabitants, three delegates; of more than 6,000, and not more than 10,000
inhabitants, four delegates; of more than 10,000, and not more than 15,000
inhabitants, five delegates; of more than 15,000 inhabitants, six delegates.

Resolved, That the delegates attending said convention be entitled to
receive from the general treasury the same pay as members of the General
Assembly.

Resolved, That so much of the resolutions to which these are in amend-
ment, as is inconsistent herewith, be repealed.
True copy — Witness :

HENRY BO WEN, Secretary.

No. 24.

Constitution as finally adopted by the people's convention, which assembled
at Providence on the \Sth day of November, 1841.

Wo, the people of the State of Rhode Island and Providence Planta-
tions, grateful to Almighty God for his blessing vouchsafed to the "lively
experiment" of religious and political freedom here "held forth" by our ven-
erated ancestors, and earnestly imploring the favor of his gracious provi-
dence towards this our attempt to secure upon a permanent foundation the
advantages of well ordered and rational liberty, and to enlarge and trans-
mit to our successors the inheritance that we have received, do ordain and
establish the following constitution of government for this State.

72 Rep. No. 581.

ARTICLE I.
Declaration of principles and rights.

1. In the spirit and in the words of Roger Williams, the illustrious fotf ri-
der of this State, and of his venerated associates, we declare " that this gov-
ernment shall be a democracy," or government of the people, " by the ma-
jor consent" of the same "only in civil things." The will of the people
shall be expressed by representatives freely chosen, and returning at fixed
periods to their constituents. This State shall be, and forever remain, as
in the design of its founder, sacred to "soul liberty," to the rights of con-
science, to freedom of thought, of expression, and of action, as hereinafter
set forth and secured.

2. All men are created free and equal, and are endowed by their Creator
with certain natural, inherent, and unalienable rights; among which are life,
liberty, the acquisition of property, and the pursuit of happiness. Govern-
ment cannot create or bestow these rights, which are the gift of God ; but
it is instituted for the stronger and surer defence of the same, that men may
safely enjoy the rights of life and liberty, securely possess and transmit prop-
erty, and, so far as laws avail, may be successful in the pursuit of happiness.

3. All political power and sovereignty are originally vested in. and of right
belong to, the people. AH free governments are founded in their authority,
and are established for the greatest good of the whole number. The peo-
ple have therefore an unalienable and indefeasible right, in their original,
sovereign, and unlimited capacity, to ordain and institute government, and
in the same capacity to alter, reform, or totally change the same, when-
ever their safety or happiness requires.

4. No favor or disfavor ought to be shown in legislation toward any man,
or party, or society or religious denomination. The laws should be made
not for the good of the few, but of the many • and the burdens of the State
ought to be /airly distributed among its citizens.

5. The diffusion of useful knowledge, and the cultivation of a sound mo-
rality in the fear of God, being of the first importance in a republican State,
and indispensable to the maintenance of its liberty, it shall be an impera-
tive duty of the legislature to promote the establishment of free schools,
and to assist in the support of public education.

6. Every person in this State ought to find a certain remedy, by having
recourse to the laws, for all injuries or wrongs which may be done to his
rights of person, property, or character. He ought to obtain right and jus-
tice freely and without purchase, completely and without denial, promptly
and without delay, conformably to the laws.

7. The right of the people to be secure in their persons, houses, papers,
and possessions, against unreasonable searches and seizures, shall not be vio-
lated ; and no warrant shall issue but on complaint in writing upon prob-
able cause, supported by oath or affirmation, and describing as nearly as
may be the place to be searched, arid the person or things to be seized.

8. No person shall be held to answer to a capital or other infamous charge,
unless on indictment by a grand jury, except in cases arising in the land
or naval forces, or in the militia, when in actual service, in time of war
or public danger. No person shall be tried, after an acquittal, for the same
crime or offence.

9. Every man being presumed to be innocent until pronounced guilty

Rep. No. 581. 73

by the law, all acts of severity, that are not necessary to secure an accused
person, ought to be repressed.

10. Excessive bail shall not be required, nor excessive fines imposed, nor
cruel or unusual punishments inflicted • and all punishments ought to be
proportioned to the offence.

11. All prisoners shall be bailable upon sufficient surety, unless for cap-
ital offences, when the proof is evident or the presumption great. The priv-
ilege of the writ of habeas corpus shall not be suspended, unless when, in
cases of rebellion or invasion, the public safety shall require it.

12. In all criminal prosecutions, the accused shall have the privilege of a
speedy and public trial, by an impartial jury; be informed of the nature
and cause of the accusation; be confronted with the witnesses against him ;
have compulsory process to obtain them in his favor, and at the public ex-
pense, when necessary ; have the assistance of counsel in his defence, and
be at liberty to speak for himself. Nor shall he be deprived of his life, lib-
erty, or property, unless by the judgment of his peers, or the law of the land.

13. The right of trial by jury shall remain inviolate, and in all criminal
cases the jury shall jndge both of the law and of the facts.

14. Any person in this State, who may be claimed to be held to labor or
service, under the laws of any other State, Territory, or District, shall be en-
titled to a jury trial, to ascertain the validity of such claim.

15. No man in a court of common law shall be required to criminate
himself.

16. Retrospective laws, civil and criminal, are unjust and oppressive, and
shall not be made.

17. The people have a right to assemble in a peaceable manner, without
molestation or restraint, to consult upon the public welfare; a right to give
instructions to their Senators and Representatives ; and a right to apply to
those invested with the powers of government for redress of grievances, for
the repeal of injurious laws, for the correction of faults of administration,
and for all other purposes.

18. The liberty of the press being essential to the security of freedom in
a State, any citizen may publish his sentiments on any subject, being re-
sponsible for the abuse of that liberty ; and in all trials for libel, both civil
and criminal, the truth, spoken from good motives, and for justifiable ends,
shall he a sufficient defence to the person charged.

19. Private property shall not be taken for public uses without just com-
pensation, nor unless the public good require it ; nor under any circum-
stances, until compensation shall have been made, if required.

20. The military shall always be held in strict subordination to the civil
authority.

21. No soldier shall, in time of peace, be quartered in any house, without
the consent of the owner; nor in time of war, but in manner to be pre-
scribed by law.

22. Whereas Almighty God hath created the mind free, and all attempts
to influence it by temporal punishments, or burdens, or by civil incapacita-
tions, tend to beget habits of hypocrisy and meanness: and whereas a prin-
cipal object of our venerated ancestors in their migration to this country,
and their settlement of this State, was, as they expressed it, to hold forth a
lively experiment, that a flourishing civil State may stand, and be best
maintained, with full liberty in religious concernments : We therefore DE-
CLARE that no man shall be compelled to frequent or support any religious

74 Rep. No. 581.

worship, place, or ministry .whatsoever, nor be enforced, restrained, molest-
ed, or burdened in his body or goods, nor disqualified from holding any
office, nor otherwise suffer, on account 'of his religious belief; and that all
men shall be free to profess, and by argument to maintain, their opinions in
matters of religion ; and that the same shall in nowise diminish, enlarge,
or affect their civil capacities ; and that all other religious rights and privi-
leges of the people of this State, as now enjoyed, shall remain inviolate and
inviolable.

23. No witness shall be called in question before the legislature, nor in
any court of this State, nor before any magistrate or other person author-
ized to administer an oath or affirmation, for his or her religious belief, or
opinions, or any part thereof; and no objection to a witness, on the ground
of his or her religious opinions, shall be entertained or received.

24. The citizens shall continue to enjoy and freely exercise all the rights
of fishery, and privileges of the shore, to which they have beon heretofore
entitled under the charter and usages of this State.

25. The enumeration of the foregoing rights shall not be construed t3
impair nor deny others retained by the people.

ARTICLE II.
Of electors and the right of suffrage.

1. Every white male citizen of the United States, of the age of twenty-
one years, who has resided in this State for one year, and in any town, city,
or district of the same for six months, next preceding the election at which
he offers to vote, shall be an elector of all officers who are elected, or may
hereafter be made eligible by the people. But persons in the military, naval,
or marine service of the United States, shall not be considered as having
such established residence, by being stationed in any garrison, barrack, or
military place in any town or city in this State.

2. Paupers and persons under guardianship, insane, or lunatic, are exclu-
ded from the electoral right; arid the same shall be forfeited on conviction
of bribery, forgery, perjury, theft, or other infamous crime, and shall not
be restored unless by an act of the General Assembly.

3. No person who is excluded from voting, for want of the qualification
first named in section first of this article, shall be taxed, or be liable to do
military duty; provided that nothing in said first article shall be so con-
strued as to exempt from taxation any property or persons now liable to be
taxed.

4. No elector who is not possessed of, and assessed for, ratable property
in his own right, to the amount of one hundred and fifty dollars, or who
shall have neglected or refused to pay any tax assessed upon him, in any
town, city, or district, for one year preceding the town, city, ward, or district
meeting at which he shall offer to vote, shall be entitled to vote on any
question of taxation, or the expenditure of any public moneys in such town,
city, or district, until the same be paid.

5. In the city of Providence, and other cities, no person shall be eligible
to the office of mayor, alderman, or common councilman, who is not taxed,
or who shall have neglected or refused to pay his tax, as provided in the
preceding section.

(>. The voting for all officers chosen by the people, except town or city

Rep. No. 581. 75

officers, shall be by ballot ; that is to say, by depositing a written or printed
ticket in the ballot-box, without the name of the voter written thereon.
Town or city officers shall be chosen by ballot, on the demand of any two
persons entitled to vote for the same.

7. There shall be a strict registration of all qualified voters in the towns
and cities of the State; and no person shall be permitted to vote, whose
name has not been entered upon the list of voters before the polls are opened.

8. The General Assembly shall pass all necessary laws for the prevention
of fraudulent voting by persons not having an actual, permanent residence,
or home, in the Slate, or otherwise disqualified according to this constitu-
tion ; for the careful registration of all voters, previously to the time of vo-
ting; for the prevention of frauds upon the ballot-box; for the preservation
of the purity of elections ; and for the safekeeping and accurate counting
of the votes ; to the end that the will of the people may be freely and fully
expressed, truly ascertained, and effectually exerted, without intimidation,
suppression, or unnecessary delay.

9. The electors shall be exempted from arrest on days of election, and
one day before, and one day after the same, except in cases of treason, fel-
ony, or breach of the peace.

10. No person shall be eligible to any office by the votes of the people,
who does not possess the qualifications of an elector.

ARTICLE III.
Of the distribution of powers.

1. The powers of the government shall be distributed into three depart-
ments— the legislative, the executive, and the judicial.

2. No person or. persons connected with one of these departments shall
exercise any of the powers belonging to either of the others, except in cases
herein directed or permitted.

ARTICLE IV.
Of the legislative department.

1. The legislative power shall be vested in two distinct Houses: the one
to be called the House of Representatives, the other the Senate, and both
together the General Assembly. The concurrent votes of the two Houses
shall be necessary to the enactment of laws; and the style of their laws
shall be : Be it enacted by the General Assembly, as follows.

2. No member of the General Assembly shall be eligible to any civil office
under the authority of the State, during the term for which he shall have
been elected.

3. If any Representative, or Senator, in the General Assembly of this
State, shall be appointed to any office under the Government of the United
States, and shall accept the same, after his election as such Senator or Rep-
resentative, his seat shall thereby become vacant.

4. Any person who holds an office under the Government of the United
States may be elected a member of the General Assembly, and may hold
his seat therein, if, at the time of his taking his seat, he shall have resigned
said office, and shall declare the same on oath, or affirmation, if required.

5. No member of the General Assembly shall take any fees, be of counsel

76 Rep. No. 581.

or act as advocate in any case pending before either branch of the Genera.
Assembly, under penalty of forfeiting his seat, upon due proof thereof.

6. Each House shall judge of the election and qualifications of its mem-
bers ; and a majority of all the members of each House, whom the towns
and senatorial districts are entitled to elect, shall constitute a quorum to do
business; but a smaller number may adjourn from day to day, and may
compel the attendance of absent members, in such manner, and under such
penalties, as each House may have previously prescribed.

7. Each House may determine the rules of its proceedings, punish its
members for disorderly behavior, and, with the concurrence of two-thirds
of the members elected, expel a member ; but not a second time for the
same cause.

8. Each House shall keep a journal of its proceedings, and publish the
same when required by one fifth of its members. The yeas and nays of
the members of either House shall, at the desire of any five members pres-
ent, be entered on the journal.

9. Neither House shall, without the consent of the other, adjourn for
more than two days, nor to any other place than that at which the General
Assembly is holding its session.

10. The Senators and Representatives shall, in all cases of civil process,
be privileged from arrest during the session of the General Assembly, and
for two days before the commencement, and two days after the termination
of any session thereof. For any speech in debate in either House, no mem-
ber shall be called in question in any other place.

11. The civil and military officers, heretofore elected in grand committee,
shall hereafter be elected annually by the General Assembly, in joint com-
mittee, composed of the two Houses of the General Assembly, excepting as
is otherwise provided iti this constitution ; and excepting the captains and
subalterns of the militia, who shall be elected by the ballots of the mem-
bers composing their respective companies, in such manner as the Gene-
ral Assembly may prescribe ; and such officers, so elected, shall be approved
of and commissioned by the Governor, who shall deter/nine their rank ; and,
if said companies shall neglect or refuse to make such elections, after being
duly notified, then the Governor shall appoint suitable persons to fill such
offices.

12. Every bill and every resolution requiring the concurrence of the two
Houses, (votes of adjournment excepted,) which shall have passed both
Houses of the General Assembly, shall be presented to the Governor for
his revision. If he approve of it, he shall sign and transmit the same to
the Secretary of State ; but, if not, he shall return it to the House in which
it shall have originated, with his objections thereto, which shall be entered
at large on their journal. The House shall then proceed to reconsider the
bill; and if, after such reconsideration, that House shall pass it by a majority
of all the members elected, it shall be sent with the objections to the other
House, which shall also reconsider it ; and, if approved by that House,
by a majority of all the members elected, it shall become a law. If the bill
shall not be returned by the Governor within forty-eight hours (Sundays
excepted) after it shall have been presented to him, the same shall become
a law, in like manner as if he had signed it, unless the General Assembly,
by their adjournment, prevent its return ; in which case, it shall not be a
law.

13. There shall be two sessions of the General Assembly in every year;

Rep. No. 581. 77

one session to be held at Newport, on the first Tuesday of June, for the
organization of the government, the election of officers, and for other busi-
ness ; and one other session on the first Tuesday of January, to be held at
Providence, in the first year after the adoption of this constitution, and in
every second year thereafter. In the intermediate years, the January ses-
sion shall be forever hereafter held in the counties of Washington, Kent, or
Bristol, as the General Assembly may determine before their adjournment
in June.

ARTICLE V.
Of the House of Representatives.

1. The House of Representatives shall consist of members chosen by the
electors in the several towns and cities, in their respective town and ward
meetings, annually.

2. The towns and cities shall severally be entitled to elect members ac-
cording to the apportionment which follows, viz: Newport to elect five;
Warwick four; Smuh.field five; Cumberland, North Providence, and Scit-
uate, three ; Portsmouth, Westerly, New Shoreham, North Kingstown,
South Kingstown, East Greenwich, Glocester, West Greenwich, Coventry,
Exeter, Bristol, Tiverton, Little Compton, Warren, Richmond, Cranston,
Charlestown, Hopkinton, Johnston, Foster, and Burrillville, to elect two ;
and Jamestown, Middletown, and Barrington, to elect one.

3. In the city of Providence, there shall be six representative districts,
which shall be the six wards of said city ; and the electors resident in said
districts, for the term of three months next preceding the election at which
they offer to vote, shall be entitled to elect two Representatives for each
district.

4. The General Assembly, in case of great inequality in the population
of the wards of the city of Providence, may cause the boundaries of the
six representative districts therein to be so altered as to include in each dis-
trict, as nearly as may be, an equal number of inhabitants.

5. The House of Representatives shall have authority to elect their own
Speaker, clerks, and other officers. The oath of office shall be administered
to the Speaker by the Secretary of State, or, in his absence, by the Attorney
General.

6. Whenever the seat of a member of the House of Representatives shall
be vacated by death, resignation, or otherwise, the vacancy may be filled
by a new election.

ARTICLE VI.
Of the Senate.

1. The State shall be divided into twelve senatorial districts ; and each
district shall be entitled to one Senator, who shall be annually chosen by
the electors in his district.

2. The first, second, and third representative districts in the city of
Providence, shall constitute the fiist senatorial district; the fourth, fifth,
and sixth representative districts in said city, the second district ; the town
of Smithfield, the third district; the towns of North Providence and Cum-
berland, the fourth district; the towns of Scituate, Glocester, Burrillville,
and Johnston, the fifth district ; the towns of Warwick and Cranston, the
sixth district ; the towns of East Greenwich, West Greenwich, Coventry,

78 Rep. No 581.

and Foster, the seventh District ; the towns of Newport, Jamestown, and
New Shoreham, the eighth district; the towns of Portsmouth, Middletown,
Tiverton, and Little Compton, the ninth district ; the towns of North Kings-
town and South Kingstown, the tenth district; the towns of Westerly,
Charlestown, Exeter, Richmond, and Hopkinton, the eleventh district; the
towns of Bristol, Warren, and Barrington, the twelfth district.

3. The Lieutenant Governor shall he, by virtue of his office, President
of the Senate; and shall have a right, in case of an equal division, to vote
in the same ; and also to vote in joint committee of the two Houses.

4. When the government shall be administered by the Lieutenant Gov-
ernor, or he shall be unable to attend as President of the Senate, the Senate
shall elect one of their own members President of the same.

5. Vacancies in the Senate, occasioned by death, resignation, or other-
wise, may be filled by a new election.

6. The Secretary of State shall be, by virtue of his office, Secretary of
the Senate.

ARTICLE VII.
Of impeachments.

1. The House of Representatives shall have the sole power of impeach-
ment.

2. All impeachments shall be tried by the Senate; and when sifting for
that purpose, they shall be on oath or affirmation. No person shall be con-
victed, except by a vote of two-thirds of the members elected. When the
Governor is impeached, the chief justice of the supreme court shall pre-
side, with a casting vote in all preliminary questions.

3. The Governor, and all other executive and judicial officers, shall be
liable to impeachment ; but judgments, in such cases, shall not extend fur-
ther than to removal from office. The party convicted shall, nevertheless,
be liable to indictment, trial, and punishment, according to law.

ARTICLE VIIL
Of the executive department.

1. The chief executive power of this State shall be vested in a Governor,
who shall be chosen by the electors, and shall hold his office for one year,
and until his successor be duly qualified.

2. No person holding any office or place under the United States, this
State, any other of the United States, or any foreign power, shall exercise
the office of Governor.

3. He shall take care that the laws are faithfully executed.

4. He shall be commander in chief of the military and naval forces of
the State, except when called into the actual service of the United States ;
but he .shall not march nor convey any of the citizens out of the State,
without their consent, or that of the General Assembly, unless it shall be-
come necessary in order to march or transport them from one part of the
State to another, for the defence thereof.

5. He shall appoint all civil and military officers whose appointment is
not by this constitution, or shall not by law, be otherwise provided for.

6. He shall, from time to time, inform the General Assembly of the con-

Rep. No. 581. 79

\

dition of the State, and recommend to their consideration such measures
as he may deem expedient.

7. He may require from any military officer, or any officer in the execu-
tive department, information upon any subject relating to the duties of his
office.

8. He shall have power to remit forfeitures and penalties, and to grant
reprieves, commutation of punishments, and pardons after conviction, ex-
cept in cases of impeachment.

9. The Governor shall, at stated times, receive for his services a com-
pensation which shall not be increased nor diminished during his contin-
uance in office.

10. There shall be elected, in the same manner as is provided for the
election of Governor, a Lieutenant Governor, who shall continue in office
for the same term of time. Whenever the office of Governor shall become
vacant by death, resignation, removal from office, or otherwise, the Lieu-
tenant Governor shall exercise the office of Governor until another Gov-
ernor shall be duly qualified.

11. Whenever the offices of Governor and Lieutenant Governor shall
both become vacant, by death, resignation, removal from office, or other-
wise, the President of the Senate shall exercise the office of Governor until
a Governor be duly qualified ; and should such vacancies occur during a
recess of the General Assembly, and there be no President of the Senate,
the Secretary of State shall, by proclamation, convene the Senate, that a
President may be chosen to exercise the office of Governor.

12. Whenever the Lieutenant Governor or President of the Senate, shall
exercise the office of Governor, he shall receive the compensation of Gov-
ernor only 5 and his duties as President of the Senate shall cease while he
shall continue to act as Governor ; and the Senate shall fill the vacancy
by an election from their own body.

13. In case of a disagreement between the two Houses of the General
Assembly respecting the time or place of adjournment, the person exercis-
ing the office of Governor may adjourn them to such time or place as he
shall think proper ; provided that the time of adjournment shall not be ex-
tended beyond the first day of the next stated session.

14. The person exercising the office of Governor may, in cases of special
necessity, convene the General Assembly at any town or city in this State,
at any other time than hereinbefore provided. And, in case of danger from
the prevalence of epidemic or contagious diseases, or from other circum-
stances, in the place in which the General Assembly are next to meet, he
may, by proclamation, convene the Assembly at any other place within the
State.

15. A Secretary of State, a General Treasurer, and an Attorney General,
shall also be chosen annually, in the same manner, and for the same time,
as is herein provided respecting the Governor. The duties of these offi-
cers shall be the same as are now, or may hereafter be, prescribed by law.
Should there be a failure to choose either of them, or should a vacancy
occur in either of (heir offices, the General Assembly shall fill the place by
an election in joint committee.

16. The electors in each county shall, at the annual elections, vote for
an inhabitant of the county to be sheriff of said county, for one year, and
until a successor be duly qualified. In case no person shall have a ma-
jority of the electoral votes of his county for sheriff, the General Assembly,

80 Rep. No. 581.

in joint committee, shall- elect a sheriff from the two candidates who shall
have the greatest number of votes in such county.

17. All commissions shall be in the name of the State of Rhode Island
and Providence Plantations, sealed with the seal of the State, and attested
by the Secretary.

ARTICLE IX.
General provisions.

1. This constitution shall be the supreme law of the State ; and all laws
contrary to, or inconsistent with the same, which may be passed by the
General Assembly, shall be null and void.

2. The General Assembly shall pass all necessary laws for carrying this
constitution into effect.

3. Th^ judges of all the courts, and all other officers, both civil and mil-
itary, shall be bound by oath or affirmation to the due observance of this
constitution, and of the constitution of the United States.

4. No jurisdiction shall, hereafter, be entertained by the General Assem-
bly in cases of insolvency, divorce, sale of real estate of minors, or appeal
from judicial decisions^ nor in any other matters appertaining to the juris-
diction of judges and courts of law. But the General Assembly shall con-
fer upon the courts of the State all necessary powers for affording relief
in the cases herein named ; and the General Assembly shall exercise all
other jurisdiction and authority which they have heretofore entertained,
and which is not prohibited by, nor repugnant to, this constitution.

5. The General Assembly shall, from time to time, cause estimates to be
made of the ratable property of the State, in order to the equitable appor-
tionment of State taxes.

6. Whenever a direct tax is laid by the State, one-sixth part thereof
shall be assessed on the polls of the qualified electors : provided that the
tax on a poll shall never exceed the sum of fifty cents ; and that all per-
sons who actually perform military duty, or duty in the fire department,
shall be exempted from said poll-tax.

7. The General Assembly shall have no power hereafter to incur State
debts to an amount exceeding the sum of fifty thousand dollars, except in
time of war, or in case of invasion, without the express consent of the peo-
ple. Every proposition for such increase shall be submitted to the electors
at the next annual election, or on some day to be set apart for that purpose ;
and shall not be farther entertained by the General Assembly, unless it re-
ceive the votes of a majority of all the persons voting. This section shall
not be construed to refer to any money that now is, or hereafter may be,
deposited with this State by the General Government.

8. The assent of two-thirds of the members elected to each House of the
General Assembly shall be requisite to every bill appropriating the public
moneys, or property, for local or private purposes ; or for creating, con-
tinuing, altering, or renewing any body politic or corporate, banking cor-
porations excepted.

9. Hereafter, when any bill creating, continuing, altering, or renewing
any banking corporation, authorized to issue its promissory notes for circu-
lation, shall pass the two Houses of the General Assembly, instead of being
sent to the Governor, it shall be referred to the electors for their considera-

Rep. No. 581. 81

tion, at the next annual election, or on some day to be set apart for that
purpose, with printed tickets containing the question — Shall said hill (with
a brief description thereof) be approved, or not? and if a majority of the
electors voting shall vote to approve said bill, it shall become a law; other-
wise not.

10. All grants of incorporation shall be subject to future acts of the Gen-
eral Assembly, in amendment or repeal thereof, or in anywise affecting the
same ; and this provision shall be inserted in all acts of incorporation here-
after granted.

11. The General Assembly shall exercise, as heretofore, a visitatorial
power over corporations. Three bank commissioners shall be chosen at
the June session for one year, to carry out the powers of the General As-
sembly in this respect. And commissioners for the visitation of other cor-
porations, as the General Assembly may deem expedient, shall be chosen
at the June session, for the same term of office.

12. No city council, or other government, in any city, shall have power
to vote any tax upon the inhabitants thereof, excepting the amount neces-
sary to meet the ordinary public expenses in the same, without first submit-
ting the question of an additional tax, or taxes, to the electors of said city;
ana* a majority of all who vote shall determine the question. But no elec-
tor shall be entitled to vote, in any city, upon any question of taxation thus
submitted, unless he shall be qualified by the possession, in his own right,
of ratable property to the amount of one hundred and fifty dollars, and shall
have been assessed thereon to pay a city tax, and shall have paid the same,
as provided in section fourth of article two. Nothing in that article shall
be so construed as to prevent any elector from voting for town officers, aftdv
in the city of Providence, and other cities, for mayor, aldermen, and mem-
bers of the common council.

13. The General Assembly shall not pass any law, nor cause any act or
thing to be done, in any way to disturb any of the owners or occupants- of
land in any territory now under the jurisdiction of any other State OR States,
the jurisdiction whereof may be ceded to, or decreed to belong to, this State:
and the inhabitants of such territory shall continue in the full, quiet, and
undisturbed enjoyment of their titles to the same, without interference in,
any way on the part of this State.

ARTICLE X.
Of elections.

1. The election of the governor, lieutenant governor, secretary of state,
general treasurer, attorney general, and also of senators and representatives
to the General Assembly, and of sheriffs of the counties, shall be held on
the third Wednesday of April annually.

2. The names of the persons voted for as governor, lieutenant governor,
secretary of state, general treasurer, attorney .general,' and sheriffs of the
respective counties, shall be put upon one ticket ; and the tickets shall be
deposited by the electors in a box by themselves. The names of the per-
sons voted for as senators and as representatives shall be put upon separate
tickets, and the tickets shall be deposited in separate boxes. The polls for
all the officers named jn this section shall be opened at the same time.

3. All the. votes given for governor, lieutenant governor, secretary of
state, general treasurer, attorney general, sheriffs, and also for senators, shall

6

82 Rep. No. 581.

remain in the ballot-boxes till the polls be closed. These votes shall thenf
in open town and ward meetings, and in the presence of at least ten quali-
fied voters, be taken out and sealed up, in separate envelopes, by the moder-
ators and town clerks, and by the wardens and ward clerks, who shall cer-
tify the same, and forthwith deliver or send them to the Secretary of Slate,
whose duty it shall be securely to keep the same, and to deliver the votes
for State officers and sheriffs to the Speaker of the House of Representa-
tives, after the House shall be organized, at the June session of the General
Assembly. The votes last named shall, without delay, be opened, counted,
and declared, in such manner as the House of Representatives shall direct ;
and the oath of office shall be administered to the persons who shall be de-
clared to be elected, by the Speaker of the House of Representatives, and in
the presence of the House : provided that the sheriffs may take their engage-
ment before a Senator, judge, or justice of the peace. The votes for Sena-
tors shall be counted by the Governor and Secretary of State within seven
days from the day of election ; and the Governor shall give certificates to
the Senators who are elected.

4. The boxes containing the votes for representatives to the General As-
sembly in the several towns shall not be opened till the polls for representa-
tives are declared to be closed. The votes shall then be counted by the
moderator and clerk, who shall announce the result, and give certificates
to the persons selected. If there be no election, or not an election of the
whole number of representatives to which the town is entitled, the polls for
representatives may be re-opened, and the like proceedings shall be had,
until an election shall take place: provided, however, that an adjournment
of the election may be made to a time not exceeding seven days from the
first meeting.

5. In the city of Providence, and other cities, the polls for representatives
shall be kept open during the whole time of voting for the day ; and the
votes in the several wards shall be sealed up, at the close of the meeting,
by the wardens and ward clerks, in the presence of at least ten qualified
electors, and delivered to the city clerks. The mayor and aldermen of said
city or cities shall proceed to count said votes within two days from the
day of election ; and if no election, or an election of only a portion of the
representatives whom the representative districts are entitled to elect, shall
have taken place, the mayor and aldermen shall order a new election to be
held, not more than ten days from the day of the first election ; and so on,
till the election of representatives shall be completed. Certificates of elec-
tion shall be furnished to the persons chosen, by the city clerks.

6. If there be no choice of a senator or senators at the annual election,
the governor shall issue his warrant to the town and ward clerks of the
several towns and cities in the senatorial district or districts that may have
failed to elect, requiring them to open town or ward meetings for another
election, on a day not more than fifteen days beyond the time of counting
the votes for senators. If, on the second trial, there shall be no choice of a
senator or senators, the Governor shall certify the result to the Speaker of
the House of Representatives; and the House of Representatives, and as
many senators as shall have been chosen, shall forthwith elect, in joint
committee, a senator or senators, from the two candidates who may receive
the highest number of votes in each district.

7. If there be no choice of Governor at the annual election, the Speaker
of the House of Representatives shall issue his warrant to the clerks of

Rep. No. 58 L 83

Ihe several towns and cities, requiring them to notify town and ward meet-
ings for another election, on a day to be named by him, not more than
thirty nor less than twenty days beyond the time of receiving the report
of the committee of the House of Representatives who shall count the votes
for Governor. If on this second trial there shall be no choice of a Gov-
ernor, the two Houses of the General Assembly shall, at their next session,
in joint committee, elect a Governor from the two candidates having the
highest number of votes, to hold his office for the remainder of the political
year, and until his successor be duly qualified.

8. If there be no choice of Governor and Lieutenant Governor at the
annual election, the same proceedings for the choice of a Lieutenant Gov-
ernor shall be had as are directed in the preceding section : provided, that
the second trial for the election of Governor and Lieutenant Governor shall
be on the same day : and also provided, that, if the Governor shall be
chosen at the annual election, and the Lieutenant Governor shall not be
chosen, then the last named officer shall be elected in joint committee of
the two Houses, from the two candidates having the highest number of
votes, without a, further appeal to the electors. The Lieutenant Governor,
elected as is provided in this section, shall hold his office as is provided in
the preceding section respecting the Governor.

9. All town, city, and ward meetings for the choice of representatives,
justices of the peace, sheriffs, senators, State officers, representatives to Con-
gress, and electors of President and Vice President, shall be notified by the
town, city, and ward clerks, at least seven days before the same are held.

10. In ail elections held by the people under this constitution, a majority
of all the electors voting shall be necessary to the choice of the person or
persons voted for.

11. The oath, or affirmation, to be taken by all the officers named in this
article shall be the following ; You, , being elected to the place (of gov-
ernor, lieutenant governor, secrelary of state, general treasurer, attorney
general, or to the places of senators or representatives, or to the office of sher-
iff or justice of the peace,) do solemnly swear, or severally solemnly swear,
or affirm, that you will be true and faithful to the State of Rhode Island
and Providence Plantations, and that you will support the constitution
thereof; that you will support the constitution of the United States; and
that you will faithfully and impartially discharge the duties of your afore-
said office, to the best of your abilities and understanding: so help you
God ! or, this affirmation you make and give upon the peril of the penalty
of perjury,

ARTICLE XI.
Of the Judiciary.

\. The judicial power of this State shall be vested in one supreme court,
and in such other courts, inferior to the supreme court, as the Legislature
may, from time to time, ordain and establish : and the jurisdiction of the
supreme and of all other courts may, from lime to time, be regulated by the
General Assembly.

2. Chancery powers may be conferred on the supreme court ; but no
other court exercising chancery powers shall be established in this State,
except as is now provided by law.

84 Rep. No. 581.

3. The justices of th« supreme court shall be elected in joint com-
mittee of the two Houses, to hold their offices for one year, and until
their places be declared vacant by a resolution to that effect, which shall
be voted for by a majority of all the members elected to the House in which
it may originate, and be concurred in by the same vote of the other House,
without revision by the Governor. Such resolution shall not be entertained
at any other than the annual session for the election of public officers;
and, in default of the passage thereof at the said session, the judge, or
judges, shall hold his or their place or places for another year. But a judge
of any court shall be removable from office, if, upon impeachment, he shall
be found guilty of any official misdemeanor.

4. In case of vacancy by the death, resignation, refusal, or inability to
serve, or removal from the State, of a judge of any court, his place may be
filled by the joint committee, until the next annual election ; when, if elect-
ed, he shall hold his office as herein provided.

5. The justices of the supreme court shall receive a compensation, which
shall not be diminished during their continuance in office.

6. The judges of the courts inferior to the supreme court shall be annu-
ally elected in joint committee of the two Houses, excep't as herein pro-
vided.

7. There shall be annually elected by each town, and by the several
wards in the city of Providence, a sufficient number of justices of the
peace, or wardens resident therein, with such jurisdiction as the General
Assembly may prescribe. And said justices or wardens (except in the
towns of New JShoreham and Jamestown) shall be commissioned by the
Governor.

8. The General Assembly may provide that justices of the peace, who
are not re-elected, may hold their offices for a time not exceeding ten days
beyond the day of the annual election of these officers.

9. The courts of probate in this State, except the supreme court, shall re-
main as at present established by law, until the General Assembly shall
otherwise prescribe,

ARTICLE XIL
Of education,

1. All moneys which now are, or may hereafter be, appropriated, by the
authority of the State, to public education, shall be securely invested, and
remain a perpetual fund for the maintenance of free schools in this State;
and the General Assembly are prohibited from diverting1 said moneys or
fund from this use, and from borrowing, appropriating, or using the same,
or any part thereof, for any other purpose, or under any pretence whatso-
ever. But the income derived from said moneys or fund shall be annually
paid over, by the general treasurer, to the towns and cities of the State, for
the support of said schools, in equitable proportions ; provided, however,
that a portion of said income may, in the discretion of the General Assem-
bly, be added to the principal of said fund.

2. The several towns and cities shall faithfully devote their portions of
said annual distribution to the support of free schools; and, in default
thereof, shall forfeit their shares of the same to the increase of the fund.

3. All charitable donations for the support of free schools, and other pur-
poses of public education, shall be received by the General Assembly, and

Rep. No. 581. 85

invested and applied agreeably to the terms prescribed by the donors : pro-
vided the same be not inconsistent with the constitution, or with sound
public policy; in which case, the donation shall not be received.

ARTICLE XIH.
Amendments.

The General Assembly may propose amendments to this constitution by
the vote of a majority of all the members elected to each House. Such
propositionsx shall be published in the newspapers of the State ; and printed
copies of said propositions shall be sent by the Secretary of State, with the
names of all the members who shall have voted thereon, with the yeas and
nays, to all the town and city clerks in the State ; and the said propositions
shall be by said clerks inserted in the notices, by them issued, for warning
the next annual town and ward meetings in April; and the town and ward
clerks shall read said propositions to the electors when thus assembled, with
the names of all the Representatives and Senators who shall have voted
thereonr, with the yeas and nays, before the election of Representatives and
Senators shall be had. If a majority of all the members elected at said
annual meetings, present in each House, shall approve any proposition thus
made, the same shall be published, as before provided, and then sent to the
electors in the mode provided in the act of approval ; and. if then approved
by a majority of the electors who shall vote in town and ward meetings,
to be specially convened for that purpose, it shall become a part of the con-
stitution of the State.

ARTICLE XIV.

Of the adoption of the constitution.

• • ' ' •'

1. 7Jhis constitution shall be submitted to the people, for their adoption
or rejection, on Monday, the °±7th day of December next, and on the two
succeeding days; and all persons voting are requested to deposite in the bal-
lot boxes printed or written tickets in the following form : I am an Ameri-
can citizen, of the age of twenty-one years, and have my permanent resi-
dence, or home, in this State, lam (or riot) qualified to vote under the ex-
isting laws of this State. 1 vote for (or against) the constitution formed by
the convention of the people assembled at Providence, and which was pro-
pos^d l.o the people by said convention on the \.8th day of November ^ 1841.

2. Every voter is requested to write his name on the face of his ticket ;
and every person entitled to vote as aforesaid, who, from sickness or other
causes, may be unable to attend and vote in the town or ward meetings as-
sembled for voting upon said constitution, on the days aforesaid, is request-
ed to write his name upon, a ticket, and to obtain the signature, upon the
back of the same, of a person who has given in his vote, as a witness there-
to. And the moderator, or clerk, of any town or ward -meeting convened

for the purpose aforesaid, shall receive such vole, on either of the three days
wxt succeeding the three days before named for voting on said constitu-
tion.

3. The citizens of the several towns in this State, and of the several
vards in the city of Providence, are requested to hold town and ward meet-

86 Rep, No. 581.

ings on the days appointed, and for (he purpose aforesaid ;• and also to
choose, in each town and ward, a moderator and clerk, to conduct said
meetings, and receive the votes.

4. The moderators and clerks are required to receive, and carefully to-
keep, the votes, of all persons qualified to vote as aforesaid, and to make
registers of all the persons voting ; which, together with the tickets given
in by the voters, shall be sealed \ip, and returned by said moderators and
clerks, with certificates signed and sealed by them, to the clerks of the con-
vention of the people, to be by them safely deposited and kept, and laid be-
fore said convention, to be counted and declared at their next adjourned
meeting, on the 12th day of January, 1842.

5. This constitution, except so much thereof as relates to the election of
the officers named in the sixth section of this article, shall, if adopted, go
into operation on the first Tuesday of Mayrin the year one thousand eight
hundred and forty-two.

6. So much of the constitution as relates to the election of the officers
named in this section shall go into operation on the Monday before the
third Wednesday of April next preceding. The first election under this
constitution, of governor, lieutenant governor, secretary of state, general
treasurer, and attorney general, of senators and representatives, of sheriffs
ior the several counties, and of justices of the peace for the several towns,
and the wards of the city of Providence, shall take place on the Monday
aforesaid.

7. The electors of the several towns and wards are authorized to assem-
ble on the day aforesaid, without being notified, as is provided in section
9th of article 10, and without the registration required in section 7th of ar-
ticle 2, and to choose moderators and clerks, and proceed in the election of
the officers named in the preceding section.

8. The votes given in the first election for representatives to the General
Assembly, and for justices of the peace, shall be counted by the moderators
and clerks of the towns and wards chosen as aforesaid ; and certificates of
election shall be furnished by them to the representatives and justices of
the peace elected.

9. Said moderators and clerks shall seal up, certify, and transmit to the
House of Representatives all the votes that may be given in at said first
election for governor and State officers, and for senators and sheriffs; and
the votes shall be counted as the House of Representatives may direct.

10. The Speaker of the House of Representatives shall, at the first ses-
sion of the same, qualify himself to administer the oath of office to the mem-
bers of the House, and to other officers, by taking and subscribing the same
oath in the presence of the House.

11. The first session of the General Assembly shall be held in the city of
Providence on the first Tuesday of May, in the year one thousand eight
hundred and forty-two, with such adjournments as may be necessary; but
all other sessions shall be held as is provided in article 4 of this constitution.

12. If any of the Representatives, whom the towns or districts are entitled
to choose at the first annual election aforesaid, shall not be then elected, or
if their places shall become vacant during the year, the same proceedings
may be had to complete the election, or to supply vacancies, as are directed
concerning elections in the preceding sections of this article.

13. If there shall be no election of Governor or Lieutenant Governor, or
of both of these officers, or of a Senator or Senators, at the first annual elee-

Rep. No. 581. 87

lion, the House of Representatives, and as many Senators as are chosen,
shall forthwith elect, in joint committee, a Governor or Lieutenant Governor,
or both, or a Senator or Senators, to hold their offices for the remainder of
the political year ; and, in the case of the two officers first named, until their
successors shall be duly qualified.

14. If the number of justices of the peace determined by the several towns
and wards on the day of the first annual election shall not be then chosen,
or if vacancies shall occur, the same proceedings shall be had as are provi-
ded for in this article in the case of a non election of Representatives and
Senators, or of vacancies in their offices. The justices of the peace thus
elected shall hold office for the remainder of the political year, or until the
second annual election of justices of the peace, to be held on such day as
may be prescribed by the General Assembly.

15. The justices of the peace elected in pursuance of the provisions of this
article, may be engaged by the persons acting as moderators of the town and
ward meetings, as herein provided ; and said justices, after obtaining their
certificates ot election, may discharge the duties of their office, for a time
not exceeding twenty days, without a commission from the Governor.

16. Nothing contained in this article, inconsistent with any of the pro-
visions of other articles of the constitution, shall continue in force for a
longer period than the first political year under the same.

17. The present government shall exercise all the powers with which it
is now clothed, until the said first Tuesday of May, one thousand eight
hundred and forty two, and until their successors, under this constitution,
shall be duly dected and qualified.

18. All civil, judicial, and military officers now elected, or who shall
hereafter be elected by the General Assembly, or other competent authority,
before the said first Tuesday of May, shall hold their offices, and may exer-
cise their powers, until that time.

19. All laws and statutes, public and private, now in force, and not re-
pugnant to this constitution, shall continue in force until they expire by their
own limitation, or are repealed by the General Assembly. All contracts,
judgments, actions, and rights of action, shall be as valid as if this consti-
tution had not been made. All debts contracted, and engagements entered
into, before the adoption of this constitution, shall be as valid against the
State as if this constitution had not been made.

20. The supreme court, established by this constitution, shall have the
same jurisdiction as the supreme judicial court at present established ; and
shall have jurisdiction of all causes which may be appealed to, or pending
in the same ; and shall be held at the same times and places in each county,
as the present supreme judicial court, until the General Assembly shall
otherwise prescribe.

21. The citizens of the town of New Shoreham shall be hereafter ex-
empted from military duty, and the duty of serving as jurors in the courts
of this State. The citizens of the town of Jamestown shall be forever here-
after exempted from military field duty.

22. The General Assembly shall, at their first session after the adoption
of this constitution, propose to the electors the question, whether the word
"white," in the first line of the first section of article 2 of the constitution,
shall be stricken out. The question shall be voted upon at the succeeding
annual election ; and if a majority of the electors voting shall vote to strike
out the word aforesaid, it shall be stricken from the constitution ; otherwise,

88 Rep. No. 581.

not. If the word aforesaid shall be stricken out, section 3d of article 2
shall cease to be a part of the constitution.

23. The president, vice presidents, and secretaries shall certify and sign
this constitution, and cause the same to be published.

Done in convention, at Providence, on the 18th day of November, in the
year one thousand eight hundred and forty-one, and of American inde-
pendence the sixty-sixth.

JOSEPH JOSLIIV, President of the Convention.
WAGKR WEEDEN, ) T Pre,idents
SAMUEL H. WALES, \ Vlce ^re™
Attest :

WILLIAM H. SMITH, ) SecretarieSt
JOHN S. HARRIS, ^

No. 25.

Communication from the " people 's convention" to the legislature, Jan-
uary, A. D. 1842.

CITY OF PROVIDENCE, January 13, 1842.

SIR : In compliance with a vote of the people's convention late in session
in this city, the undersigned have the honor herewith to enclose to your
excellency a copy of the constitution, as adopted by the citizens of this
State, and of the report of the committee of said convention upon the votes
given in therefor; and, also, a copy of the resolutions of the convention
declaratory of its adoption ; and respectfully request your excellency that
the same may be communicated to the two Houses of the General Assem-
bly.

We have the honor, sir, to be your obedient humble servants,

WILLIAM H. SMITH,
JOHN S. HARRIS,

His Excellency SAMUEL W. KING. Governor .

REPORT.

PROVIDENCE. January 13, 1842.

The undersigned, who were appointed on the 12th day of January, 1842,
a committee of the people's convention, to examine and count the yotes
upon the constitution proposed to the people by said convention, on the
18tli day of November last, which saidvvotes were given in on the 27th
day of December last, and on the five subsequent days, report that they
have atiended to the duty of their appointment, arid they present to the
convention the following statement of the result :

Rep. No. 581.

County of Providence.

89

Providence —

Freemen. Non-freemen.

Toial.

\First ward -
Second ward
Third ward -

162
90
165

362
281

472

524
371
637

Fourth wurd-

142

357

499

Fifth ward -

245

519

764

Sixth ward -

255

5;)6

761

1,059

2,497

3,556

Smithfield

382

956

1,338

Scituate

208

316

524

Glocester

195

207

402

Cumberland

294

598

892

Cranston

< V 167

237

404

Johnston

141

206

347

North Providence*

214

469

683

Foster -

124

114

238

Burrillville

149

134

283

2,933

•___~«_

5,734

8,667

County of Newport.

Newport

319

883

1,202

Portsmouth "~ -

71 '>-••*

55

126

New Shorehamt

T£; 102

30

132

Jamestown v T 7;

18

13

31

Middletown

8

22

30

Tiverton

102

172

274

Little Compton

i

19

25

44

639

1,200

1,839

County of Kent.

Warwick

I.-,.' 309

591

900

East Greenwich

£- . 50

85

135

West Greenwich

17

45

62

Coventry

157

249

406

533

970

1,503

* The votes of five freemen and of three non-freemen given in favor of the constitution were
rejected for informality of the return.

t Twenty six additional votes for the constitution were given by twenty-two freemen and
four non-freemen, of which no regular return was received.

90 Rep. No. 581.

• County of Bristol.

Freemen. Non-freemen. Total.

Bristol - - -' 152 214 366

Warren - - 103 107 210

Harrington 28 24 52

283 345 628

County of Washington.

Westerly - - 107 144 251

North Kingstown 84 169 253

South Kingstown - 138 137 275

Charlestown 64 36 100

Exeter 52 82 134

Richmond 44 88 132

Hopkinton 83 79 162

572 735 1,307

RECAPITULATION OF THE COUNTIES.

Freemen. Non-freemen. Total.

Providence - - 2,933 5,734 8,667

Newport 639 1.200 L839

Washington - 572 '735 1,307

Kent - - 533 970 1,503

Bristol - - 283 345 628

4,96p 8,984 13,944

The whole number of males in the State, over the age of 21 years, as
nearly as can be ascertained by the census of the United States for the
year 1840, is 26,142. Deduct at a moderate computation 3,000 persons
who are not citizens of the United States over the age of 21 years and per-
manent residents, or who are excluded by being under guardianship, in-
sane, or convict, and the remainder is 23,142, of whom a majority is 11.572.
The constitution has received 873 votes more than one-half of all those
qualified to vote for said constitution by citizenship, age, and residence, as
aforesaid, and an actual majority of 4,744. Deduct from 23,142, the whole
number who voted for the constitution, (viz: 13,944,) and. the remainder
is 9,198; of whom 9,146 did not vote, and 52 voted against the constitu-
tion, viz: In Smithfield 2; North Providence 11; Tiverton 3 ; Little Comp-
ton 17; Westerly 1 ; South Kingstown 10 ; Warwick 1 ; East Greenwich 6 ;
and Warren 1.

Of the persons who voted, 4,960 are qualified voters under the existing
laws of the State. The greatest number of votes ever polled by said voters
was 8,622, at the presidential election in November, 1840; of this number,
a majority of 1,298 have voted for the constitution — making, as your com-
mittee believe, a majority of all the freemen of the State.

The committee have found all the returns of the votes from the several
towns and wards to have been regularly made, and accompanied with lists
of all persons voting, which enumerate the qualified voters, and those who

Rep. No. 581. 91

are "not. Every voter has signed his name upon his ticket; and the com-
mittee believe that both the voting and returns have been as regular and
accurate as at any election ever held in the State.

A considerable number of votes were returned as having been given by
freeholders who had riot yet been admitted freemen ; but they were, of
course, counted with the non-freemen.

The committee report to the convention, as the result of their examina-
tion and count of the votes, that the constitution proposed to the people by
said convention on the 18th day of November last, has been adopted by a
large majority of the citizens over the age of 21 years, having their perma-
nent residence in the State.

Wm. James, Chairman. Welcome Ballon Sayles,

John R. Waterman, Sylvanns Himes,

Dutee J. Pearce, Israel Wilson,

David Daniels, Jonathan Remington,

Oliver Chace, jr., Christ. Smith,

Robert R. Carr, Elisha G. Smith,

Ariel Ballon, Samuel Luther,

Thomas W. Dorr, 'Erasmus D. Campbell,

Samuel T. Hopkins, Nathan Burden,

Alfred Reed, Joshua R. Rathbun,

William C. Barker, Nathan A. Brown.

Abner Haskell,

Alexander Allen, Wm. H. Smith, ) ~ .

Willard Hazard, John S. Harris; \ Secretaries.

Resolutions adopted by the People's Convention.

Whereas, by the return of the votes upon the constitution proposed to the
citizens of this State by this convention on the 18th day of November last,
it satisfactorily appears that the citizens of this State, in their original and
sovereign capacity, have ratified and adopted said constitution by a large
majority ; and the will of the people, thus decisively made known, ought to
be implicitly obeyed, and faithfully executed:

We do, therefore, resolve and declare that said constitution rightfully
ought to be, and is, the paramount law and constitution of the State o
Rhode Island and Providence Plantations.

And we do further resolve and declare, for ourselves and in behalf of the
people whom we represent, that we will establish said constitution, and sus-
tain and defend the same by all necessary means.

Resolved, That the officers of this convention make proclamation of the
return of the votes upon the constitution, and that the same has been adopt-
ed and has become the constitution of this State; and that they cause said
proclamation to be published in the newspapers of the State.

Resolved, That a certified copy of the report of the committee appointed
to count the votes upon the constitution, and of the constitution, and of the
resolutions, be sent to his excellency the Governor, with a request that he
communicate the same to the two Houses of the General Assembly.

A true copy :

WILLIAM H. SMITH,
JOHNS. HARRIS, \'

92 Rep. No. 581.

No. 26.

Act of January 1842, extending the right of voting upon the constitution
framed by the legal convention, to all who might be admitted to vote
under it.

IN GENERAL ASSEMBLY, January session, A. D. 1842.

AN ACT in amendment of an act entitled "An act revising the act entitled 'An act. regulating
the manner of admitting freemen, and directing the method of electing officers in this
State.' "

Whereas the good people of this State, having elected delegates to a con-
vention to form a constitution, which constitution, if ratified by the people,
will be the supreme law of the State: Therefore,

Be it enacted by the General Assembly as follows :

All persons now qualified to vote, and those who may be qualified to vote
under the existing Inws previous to the time of such their voting, and all
persons who shall be qualified to vote under the provisions of such, constitu-
tion, shall be qualified to vote upon the question of the adoption of said
constitution.

True copy : — Witness,

HENRY BO WEN, Secretary.

No. 27.

Resolutions passed by the legislature, January, 1842, condemning the pro-
ceedings of the "people's convention" as revolutionary.

IN GENERAL ASSEMBLY, January session, A. D. 1842.

Whereas a portion of the people of this State, without the forms of law,
have undertaken to form and establish a constitution of government for the
people of this State, and have declared such constitution to be the supreme
law, and have communicated such constitution unto this General Assembly:
And whereas many of the good people of this State are in danger of being
misled by these informal proceedings: Therefore,

It is hereby resolved by this General Assembly, That all acts done by
the persons aforesaid for the purpose of imposing upon this State a consti-
tution, are an assumption of the powers of government, in violation of the
rights of the existing government, and of the rights of the people at large.

Resolved, That the convention called and organized in pursuance of an
act of this General Assembly, for the purpose of forming a constitution to
be submitted to the people of this State, is the only body which we can
recognise as authorized to form such a constitution ; and to this constitu-
tion the whole people have a right to look, and we are assured they will
not look in vain, for such a form of government as will promote their peace,
security, and happiness.

Resolved, That this General Assembly will maintain its own proper
authority, and protect and defend the legal and constitutional rights of the
people.

True copy :— Witness,

HENRY BOWEN, Secretary.

Rep. No. 581. 93

No. 28.

Resolutions of the Rhode Island Suffrage Association, January, 1842, de-
claring their intention to support the "peopw.s constitution" by force.

1. Resolved, That the statement recently- made and repeated in the Gen-
eral Assembly, by representatives from this city, and by other members,
that the people of this city and State, in their recent vote for the constitu-
tion which they have adopted, did not vote for the same with the desire or
expectation that the same would be carried into effect, and that they voted
merely to express an opinion in favor of an extension of suffrage by a
higher authority, is a direct insult to the people, and is totally unfounded
and false; and that we respond, heart and soul, as one man, to the unalter-
able determination avowed by our convention, to establish, sustain, and de-
fend our entire constitution by all necessary means — peaceably if we can,

forcibly if we must.

2. Resolved, That the resolutions adopted by the General Assembly on
the 28th day of January, wherein the proceedings of the great majority of
the people, in forming and adopting a constitution, are described as the
proceed ings of a portion only of the same, as dangerous and contrary to law,
as a usurpation of the powers of government, and in violation of the rights
of the people at large, and requiring to be suppressed by the hand of
authority and force, are a daring invasion of the rights of sovereignty,
vested by the principles of our government in the people of this State ; are
false in fact, and at war with the doctrines of a democratic republic, here
founded and sustained by our venerable ancestors ; are worthy of the dark
ages of monarchical oppression and misrule, and justly entitle their
authors, and their aiders, abettors, and supporters, to the contempt and
execration of the people of our State.

3. Resolved, That, while we regard these and all similar ebullitions of
the rage of an expiring faction with the feelings which they so justly do-
serve, and are ready to aid in consigning the partisans of that faction to
the political doom which is their due, and which so speedily awaits them
at the hands of the people of this Stale, we are also prepared to meet the
threatened action of the Assembly, and to repel force by force.

4. Resolved, That any attempt on the part of the government of this
State to molest or injure any man for the expression of his opinion upon
our constitution, or for his aid and support in carrying the same into effect,
shall be promptly counteracted and suppressed by the strong arm of the
people.

5. Resolved, That to the execution of the foregoing resolutions we
pledge our truth, our substance, and, if need be, our Jives.

6. Resolved , That a committee of public safety and correspondence be
forthwith raised in each ward of this city; and that it be recommended to
our brethren in all towns of the State to raise similar committees without
delay.

7. Resolved, That the foregoing resolutions be signed by the chairman
and secretary, and issued, together with the resolutions from Warwick, in
an extra, for distribution through the State.

J. A. BROWN, Chairman.
F. L. BECKFORD, Secretary.

94 Rep. No. 581.

No. 29.

Constitution of the State of Rhode Island and Providence Plantations, as
adopted by the convention assembled at Providence, November, 1841;
commonly called the " landholders' constitution."

We, the people of the State of Rhode Island and Providence Plantations,
do ordain and establish this constitution for the government thereof.

ARTICLE I.
Declaration of certain constitutional rights and principles.

In order effectually to secure the religious and political freedom estab-
lished here by our venerated ancestors, and to preserve the same for their
posterity, we do declare that the inherent, essential, and unquestionable
rights and principles hereinafter mentioned, among others, shall be estab-
lished, maintained, and preserved, and shall be of paramount obligation in
all legislative, judicial, and executive proceedings.

SECTION I. Every person within this State ought to find a certain reme-
dy, by having recourse to the laws, for all injuries or wrongs which he may
receive in his person, property, or character. He ought to obtain right and
justice freely arid without being obliged to purchase it, completely and with-
out denial, promptly and without delay, conformably to the laws.

SEC. 2. The right of the people to be secure in their persons, papers, and
possessions, against unreasonable searches and seizures, shall not be viola-
ted ; and no warrant shall issue, but on complaint in writing, upon probable
cause, supported by oath or affirmation, and describing, as nearly as may
be, the place to be searched, and the persons or things to be seized*.

SEC. 3. No person shall be holden to answer for a capital or other in-
famous crime, unless on presentment or indictment by a grand jury, except
in cases of impeachment, or such offences as are usually cognizable by a
justice of the peace ; or, in cases arising in the land or naval forces, or in
the militia, when in actual service, in time of war or public danger. No
person shall be tried after an acquittal, for the same offence.

SEC. 4. Excessive bail shall not be required, nor excessive fines imposed,
nor cruel punishments inflicted ; and all punishments ought to be propor-
tioned to the offence.

SEC. 5. All persons imprisoned ought to be bailable by sufficient sureties,
unless for capital offences, when the proof is evident, or the presumption
great. The privilege of the writ of habeas corpus shall not be suspended,
unless when, in cases of rebellion or invasion, the public safety shall re-
quire it; nor ever, without the authority of the General Assembly.

SEC. 0. In all criminal prosecutions, the accused shall enjoy the privilege
of a speedy and public trial, by an impartial jury; to be informed of the
nature and cause of the accusation; to be confronted with the witnesses
against him ; to have compulsory process for obtaining them in his favor ;
and to have the assistance of counsel in his defence, and be at liberty to
speak for himself; nor shall he be deprived of life, liberty, or property, un*
less by the judgment of his peers, or the law of the land.

SEC. 7. The person of a debtor, where there is not strong presumption

Rep. No. 581. 95

of fraud, ought not to be continued in prison after he shall have delivered
np his property for the benefit of his creditors, in such manner as shall be
prescribed by law.

SEC. 8. No ex post facto law, or law impairing the obligation of con-
tracts, shall be made.

SEC. 9. No man, in a court of common law. shall be compelled to give
evidence criminating himself.

SEC. 10. Every man being presumed innocent until pronounced guilty
by the law, all acts of severity that are not necessary to secure an accused
person shall be repressed.

SEC. 11. The right of trial by jury shall remain inviolate.

SEC. 12. Private property shall not be taken for public uses, without just
compensation.

SEC. 13. The citizens shall continue to enjoy and freely exercise the
rights of fishery, and all other rights to which they have been heretofore
entitled under the charter of this State, except as is herein otherwise pro-
vided.

SEC. 14. The military shall always be held in strict subordination to the
civil authority.

SEC. 15. No soldier shall, in time of peace, be quartered in any house,
without the consent of the owner ; nor in time of war, but in manner to be
prescribed by law.

SEC. 1(5. The liberty of the press being essential to the security of free-
dom in a State, any person may publish his sentiments on any subject,
being responsible for the abuse of that liberty ; and in all trials for libel,
both civil and criminal, the truth, unless published from malicious motives,
shall be a sufficient defence to the person charged.

SEC. 17. The citizens have a right, in a peaceable manner, to assemble
for their common good, and to apply to those invested with the powers of
government for redress of grievances, or other purposes, by petition, address,
or remonstrance.

SEC. 18. The right of the people to keep and bear arms shall not be in-
fringed.

SEC. 19. Slavery shall not be tolerated in this State.

SEC. 20. Whereas Almighty God hath created the mind free, and all
attempts to influence it, by temporal punishments or burdens, or by civil
incapacitations, tend to beget habits of hypocrisy and meanness : and
whereas a principal object of our venerable ancestors, in their migrations
to this country, and their settlement of this State, was, as they expressed it,
to hold forth a lively experiment, that a flourishing civil state may stand,
and be best maintained, with full liberty in religious concernments : we,
therefore, declare that no man shall be compelled to frequent or support
any religious worship, place, or ministry whatever ; nor enforced, re-
strained, molested, or burdened in his body or goods, nor disqualified from
holding any office, nor otherwise suffer, on account of his religious belief;
and that all men shall be free to profess, and b/ argument to maintain, their
opinion in matters of religion ; and that the same shall in nowise diminish,
enlarge, or affect their civil capacities.

SEC. 21. The enumeration of the foregoing rightsshall not be construed
to impair or deny others retained by the people.

96 Rep. No. 581.

ARTICLE II.
Of the right of suffrage.

SECTION 1. Every person who is now a freeman and qualified voter,
shall continue to be so, so long as he retains the qualifications upon which
he was admitted.

SEC. 2. Hereafter, every white male native citizen of the United States,
or any territory thereof, of the full age of twenty one years, who shall have
had his actual permanent residence and home in this State for the period
of one year, and in the town or city in which he may claim a right to vote
six months next preceding the time of voting, and shall be seized in his
own right of a freehold real estate in such town or city, of the value at
least of one hundred and thirty-four dollars over and above all incum-
brances, shall, therefrom, have a right to vote in the election of all civil
officers, and on all questions in all legal town or ward meetings.

SEC. 3. Every white male native citizen of the United States, or any
territory thereof, of the full age of twenty one years, who shall have had
his actual permanent residence and home in this State for the period of two
years, and in the town or city in which he may claim a right to vote six
months next preceding the time of voting, shall have a right to vote in the
election of all civil officers, and on all questions in all legal town or ward
meetings : Provided, however, That no person who is not now a freeman
shall be allowed to vote upon any motion to impose a tax, or incur expen-
ditures in any town or city, unless he possess the freehold qualification re-
quired by this article, or shall have been taxed on property valued at least
at one hundred and fifty dollars, within one year from the time he may
offer to vote, and shall have paid such tax in said town or city.

SEC. 4. Any white male, native of any foreign country, of the full age
of twenty one years, naturalized in the United States according to law,
who shall have had his actual permanent residence and home in this State
for the period of three years after his naturalization, and in the town or
city in which he may claim a right to vote six months next preceding the
time of voting, arid shall be seized in his own right of a freehold real
estate, in such town or city, of the value at least of one hundred and
thirty-four dollars over and above all incumbrances, shall, therefrom, have
a right to vote in the election of all civil officers, and in all questions in all
town or ward meetings. But no person in the military, naval, marine, or
any other service of the United States, shall be considered as having the
required residence by reason of being employed in any garrison, barrack,
or military or naval station in this State. And no pauper, lunatic, or per-
son non compos 'mentis, or under guardianship, shall be permitted to vote ;
nor shall any person convicted of any crime deemed infamous at common
law be permitted to exercise that privilege until he be restored thereto by
the General Assembly. Persons residing on land ceded by this State to the
United States shall not be entitled to exercise the privilege of electors during
such residence.

SEC. 5. The General Assembly shall, as soon as may be after the adop-
tion of this constitution, provide for the registration of voters; and shall also
have full power generally to enact all laws necessary to carry this article
into effect, and to prevent abuse and fraud in voting.

SEC. 6. All persons entitled to vote shall be protected from arrest in civil

Rep. No. 581. 97

cases, on the days of election, and on the day preceding and the day fol-
lowing an election.

SEC. 7. In the city of Providence, and all other cities, no person shall
be eligible to the office of mayor, alderman, or common councilman, who
is not qualified to vote upon a motion to impose a tax or incur expenditures
as herein provided,

SEC. 8. The General Assembly shall have power to provide, by special
or general laws, for the admission of any native male citizen of the United
States, or any Territory, who shall have had his permanent residence and
home in this State for two years, but who is not otherwise qualified under
this article, to vote on such conditions as they may deem proper, except for
taxes and expenditures.

ARTICLE III.
Of the distribution of powers.

The powers of the government shall be distributed into three distinct
branches — the legislative, executive, and judicial.

ARTICLE IV.

Of the legislative power.

SECTION 1. This constitution shall be the supreme law of the State ; and
ail laws inconsistent therewith shall be void. The General Assembly shall
pass all such laws as are necessary to carry this constitution into effect.

SEC. 2. The legislative power, under this constitution, shall be vested in
two distinct houses, or branches, each of which shall have a negative on
the other : the one to be styled the Senate, the other the House of Repre-
sentatives; and both together, the General Assembly. The style of their
laws shall be : It is enacted by the General Assembly as follows.

SEC. 3. There shall be one session of the General Assembly holden-
annually at Newport, on the first Tuesday of May ; and one other annual-
session, to be holden on the last Monday of October, once in two years, at
South Kingstown ; and the intermediate years, alternately at Bristol and
East Greenwich; and the adjournment from the October session shall be
holden at Providence.

SEC. 4. No member of the General Assembly shall take any fees, or be
of counsel in any case pending before either branch of the General Assem-
bly, under penalty of forfeiting his seat, upon due proof thereof to the
satisfaction of the branch of which he is a member.

SEC. 5. The person and estate of every member of the General Assembly
shall be free and exempt from all process in any civil action during the
session of the General Assembly, and for two days before the commence-
ment arid after the termination thereof. And all process served contrary
hereto shall be void. And for any speech %i debate, in either House, no
member shall be questioned in any other place.

SEC. 6. Each House shall be the judge of the elections and qualifications
of its members; and a majority shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and may compel the
attendance of absent members, in such manner, and under such penalties^
as each House may prescribe.
7

98 Rep. !?o. 581.

SEC. 7. Each House may determine the rules of proceeding, punish con-
tempts, punish its members for disorderly behavior, and, with the concur-
rence ot two thirds, expel a member; but not a second time for the same
cause.

SEC. 8. Each House shall keep a journal of its proceedings. The yeas
and nays of the members of either House shall, at the desire of one-fifth of
those present, be entered on the journal.

SEC. 9. Neither House shall, during a session, without the consent of the
other, adjourn for more than two days, nor to any other place than that in
which they may be sitting.

SRC. 10. The General Assembly shall continue to exercise the judicial
power, the power of visiting corporations, and all other powers they have
heretofore exercised, not inconsistent with this constitution.

SEC. 11. The General Assembly shall regulate the compensation of the.
Governor and other officers elected by general ticket, or by the General
Assembly, and of the members of the General Assembly, subject to the
limitations contained in this constitution.

SEC. 12. All lotteries shall hereafter be prohibited in this State, except
those already authorized by the General Assembly.

SEC. 13. The General Assembly shall have no power, hereafter, to incur
State debts to an amount exceeding fifty thousand dollars, except in time
of war, or in case of invasion, without the express consent of the people;
nor in any case, without such consent to pledge the faith of the State for
the payment of the obligations of others. This section shall not be con-
strued to refer to any money that may be deposited with this State by the
Government of the United States.

SEC. 14. The assent of two-thirds of the members elected to each branch
of the General Assembly shall be required to every bill appropriating the
public moneys, or property, for local or private purposes.

SEC. 15. The General Assembly shall, from time to time, provide for
making new valuations of property, for the assessment of taxes, in such
manner as they may deem best. No direct State tax shall be assessed oh
the ratable property of the State, before a new estimate of such property
shall be taken.

SEC. 16. Whenever a direct tax is laid by the State, one sixth part thereof
shall be assessed on the polls of the qualified electors: provided that the
tax on a poll shall never, in any one tax, exceed the sum of fifty cents.

SEC. 17. The General Assembly may provide by law for the continuance
in office of any officers of annual appointment, until other persons are
qualified to take their places.

ARTICLE V.
Of the House of Representatives.

SECTION 1. The House of Representatives shall consist of members
elected by the electors of the several towns and cities in the respective town
and ward meetings. Each town or city having four thousand inhabitants,
and under six thousand five hundred, shall be entitled to elect three Repre-
sentatives ; each town or city having six thousand five hundred inhabitants,
and under ten thousand, shall be entitled to elect four Representatives ;
each town or city having ten thousand inhabitants, and under fourteen

Rep. No. 581. 99

thousand, shall be entitled to elect five Representatives ; each town or city
having fourteen thousand inhabitants, and under eighteen thousand, shall
be entitled to elect six Representatives ; each town or city having eighteen
thousand inhabitants, and under twenty two thousand, shall be entitled to
elect seven Representatives ; each town or city having over twenty two
thousand inhabitants, shall be entitled to elect eight Representatives. But
no town or city shall be entitled to elect more than eight Representatives,
and every town or city shall be entitled to elect two. The representation
of the several towns and cities in this State shall be apportioned agreeable
to the last census of the people of the United States preceding the election.

Si:c. 2. The House of Representatives shall have authority to elect its
Speaker, clerks, and other officers. The oath of office shall be administered
by the Secretary of State, or, in his absence, by the Attorney General. The
clerks shall be engaged by the Speaker.

SEC. 3. Whenever the seat of a member of the House of Representatives
shall be vacated by death,' resignation, or otherwise, the vacancy may be
filled by a new election.

SEC 4, The senior member from the town of Newport, present, shall
preside iu the organization of the House.

ARTICLE VI.
Of the Senate.

SECTION 1. The Senate shaH consist of nineteen members, to be chosen
annually by the mujority of electors, by districts. The State shall be divided
into sixteen districts, as follows ;

First* The town of Newport shall constitute the first senatorial district,
and shall be entitled to elect two Senators.

•Second. The towns of Portsmouth, Middletown, Tiverton, Little Compton,
New Shoreham, and Jamestown, shall constitute the second senatorial dis-,
trict, and shall be entitled to elect two Senators.

Third, The city of Providence shall constitute the third senatorial dis-
trict, and shall be entitled to elect two Senators.

Fourth. The town of Smithfield shall constitute the fourth senatorial
district, and shall be entitled to elect one Senator.

Fifth. The towns of Cumberland and North Providence shall constitute
the fifth senatorial district, and shall be entitled to elect one Senator.

Sixth* The towns of Scituate, Cranston, and Johnston, shall constitute
the sixth senatorial district, and shall be entitled to elect one Senator.

Seventh The towns of Glocester, Foster, and Burrillville, shall consti-
tute the seventh senatorial district, and shall be entitled to elect one Senator.

Eighth* The town of South Kingstown shall constitute the eighth sena-
torial district, and shall be entitled to elect one Senator.

Ninth. The towns of Westerly and Ch^-lestown shall constitute the
ninth senatorial district, and shall be entitled To elect one Senator.

Tenth. The towns of Hopkinton and Richmond shall constitute the tenth
senatorial district, and shall be entitled to elect one Senator.

Eleventh* The towns of North Kingstown and Exeter shall constitute
the eleventh senatorial district, and shall be entitled to elect one Senator.

Twelfth, The town of Bristol shall constitute the twelfth senatorial dis-
trict, and shall be entitled to elect one Senator,

100 Bep. No, 581.

Thirteenth. The towns of Warren and Barrington shall eonstitnte the
thirteenth senatorial district, and shall be entitled to elect one Senator.

Fourteenth. The towns of East Greenwich and West Greenwich shall
constitute the fourteenth senatorial district, and shall be entitled to elect one
Senator.

Fifteenth. The town of Coventry shall constitute the fifteenth senatorial
district, and shall be entitled to elect one Senator.

Sixteenth. The town of Warwick shall constitute the sixteenth senatorial
district, and shall be entitled to elect one Senator.

And no more than one Senator shall be elected from any town for the
same term, in the second senatorial district.

SEC. 2. The Lieutenant Governor shall ex offieio be a member of the
Senate.

The Secretary of State shall be, by virtue of his office, Secretary of the
Senate, unless otherwise provided by law, and the Senate may elect such?
other officers as they may deem necessary.

SEC. 3. If, by reason of death, resignation, or absence, there be no Gov-
ernor or Lieutenant Governor present, to preside in the Senate, the Senate
shall elect one of their own number to preside, until the Governor or Lieu-
tenant Governor returns, or until one of said offices is filled according to
this constitution; and, until such election is made by the Senate, the Secre-
tary of State shall preside.

ARTICLE VII,
Of impeachments.

.SECTION 1. The House of Representatives shall have the sole power of
impeachment.

SEC. 2. All impeachments shall be tried by the Senate j and when sil-
ting for that purpose, they shall be under oath or affirmation. No person
shall be convicted, except by vote of two-thirds of the members elected.
When the Governor is impeached, the chief or presiding justice of the su-
preme judicial court for the time being shall preside, with a casting vote in
all preliminary questions.

SEC. 3. The Governor and all other executive and judicial officers, shallr
be liable to impeachment ; but judgment in such cases shall not extend fur-
ther than to removal from office. The party convicted shall, nevertheless
be liable to indictment, trial, and punishment, according to law,

ARTICLE VIIL
Of the executive power.

SECTION 1. The chief executive power of this State shall be vested in a
Governor.

SEC. 2. The Governor shall take care that the laws be faithfully exe-
cuted.

SEC. 3. He shall be captain-jBneral and commander-in chief of the mili-
tary and naval forces of this Slate, except when they shall be called into
the service of the United States.

SEC. 4. He shall have power to grant reprieves, after conviction, in all
rases, except those of impeachment, until the end of the next session of the
General Assembly, and no longer.

SEC. 5. The person filling the office of Governor shall preside in the

Rep. No. 581. 101

Senate, and in grand committee; and shall have a right, in case of equal
division, to vote; not otherwise.

SEC. 6. He may fill vacancies in office not otherwise provided for by this
constitution, or by law, until the same shall be filled by the General Assem-
bly, or the people.

SEC. 7. In case of disagreement between the two Houses of the General
Assembly, respecting the time or place of adjournment, certified to him by
either, he may adjourn them to such time and place as he shall think
proper; provided that the time of adjournment shall not be extended be-
yond the day of the next stated session.

SEC. 8. He may, on special emergencies, convene the General Assembly
at any town in this State, at any time not .provided for by law; and in case
of danger from the prevalence of epidemic or contagious diseases in either
of the places in which the General Assembly may by law meet, or to which
they may have been adjourned, or from other circumstances, he may. by
proclamation, convene said Assembly at any other place within this State.

SEC. 9. All commissions shall be in 'he name and by authority of the
State of Rhode Island and Providence Plantations, shall be sealed with the
State seal, signed by the 'Governor, and attested by the Secretary.

SEC. 10. In case of the death, resignation, refusal or inability to serve, or
aremoval from office of the Governor, or of his impeachment or absence from
the State, the Lieutenant Governor shall exercise the powers and authority
appertaining to the office of.Governor, until another be chosen at the next
annual election for Governor, and be duly qualified, or until the Governor,
ini|>eacbed or absent, shall be acquitted or return.

SEC. 11. If the offices of Governor and Lieutenant Governor be both va-
cant by season of death, resignation, absence, or otherwise, the person enti-
tled to preside over the Senate for the time being shall, in like manner, ad-
minister the government until fee be superseded by a Governor or Lieuten-
ant Governor.

SEC. 12. The compensation of the Governor and Lieutenant Governor
shall be established by law, and shall not be diminished during the term
for which they were elected.

SEC- 13. The duties and powers of the Secretary, Attorney General, and
CJeneral Treasurer, shall be the same under this constitution as are now
established, or from time to time may be prescribed by law.

ARTICLE IX.*
Of elections*

SECTION 1. The Governor, Lieutenant Governor, Senators, Representa-
tives, Secretary of State, Attorney General, and General Treasurer, shall
be elected at the town, city, or ward meetings, to be holden on the third
Wednesday of April, annually; and shall severally hold their offices for
one year, from the first. Tuesday i« May next succeeding their election, and
until others are legally chosen and duly qualified to fill their places.

SEC. 2. The voting for all officers chosen by the people, except town or
city officers, shall be by ballot, in manner to be regulated by law. Town
or city officers shall be chosen by ballot, on demand of any two persons en-
titled to vote for the same..

SJBC, 3. The names of the persons voted for as Governor, Lieutenant

102 Rep. No. 581.

Governor, Secretary of Stale, General Treasurer, and Attorney General,
shall be put upon one ticket, and the tickets shall be deposited by the mod-
erator or warden in a box by themselves. The names of the persons voted
for as Senators, and as Representatives, shall be put upon separate tickets,
and the tickets shall be deposited by the moderator or warden in separate
boxes. The polls for all the officers named in this section shall be opened
at the same time.

SEC. 4. All the votes given for Governor, Lieutenant Governor, Secre-
tary of State, General Treasurer, and Attorney General, and also for Sen-
ators, shall remain in the ballot-boxes till the polls are closed. These votes
shall then, in open town and ward meetings, be taken out and sealed in
separate envelopes by the moderators and town clerks, and by the wardens
and ward clerks, who shall certify the same, and forthwith deliver or send
them to the Secretary of State j. whose duty it shall be securely to keep the
same, and to deliver the votes for general otecers to the Speaker of the
House of Representatives, after the House shall be organized, at the May
session of the General Assembly. The votes last named shall without de-
lay be opened, counted, and declared, in such manner as the House of Rep-
resentatives shall direct. The votes for Senators shall be counted by th$
Governor and Secretary of State, within seven days from the day of elec-
tion, and the Governor shall give certificates to the Senators who are
elected.

SEC. 5. The votes for Representatives in the several towns, after the
polls are declared to be closed for the same, shall he counted by the mode-
rators and clerks, who shall announce the result, and give certificates to the
persons elected. If there be no election, or not an election of the whole
number of Representatives to which the town is entitled, the polls for Rep-
resentatives may be reopened, and the like proceedings shall be* had until
an election shall take place: provided, however, thaF an adjournment or
adjournments of the election may be made to a time not exceeding seven
days from the first meeting.

SEC. 6. In the city of Providence and other cities, the polls for Repre-
sentatives shall be kept open during the whole time of voting for the day,,
and the votes in the several wards shall be sealed up at the close of the
meeting by the wardens and ward clerks in open ward meeting, and deliv-
ered to the city clerk. The mayor and aldermen of said city or cities shall
proceed to count said votes within two days from the day of election; and
if no election, or an election of only a portion of the Representatives, shall
have taken place, the mayor and aldermen shall order a new election to be
held, not more than ten days from the day of the first election, and so on
till the election of Representatives shall be completed. Certificates of elec-
tion shall be furnished by the city clerks to the persons chosen.

SEC. 7. If no person shall have a majority of votes for the office of Gov-
ernor or Lieutenant Governor, the Senate and House of Representatives, in
grand committee, may choose one by ballot from the two persons having
the highest number of votes.

SHC. 8. In case an election of the Secretary of State, Attorney General,
or General Treasurer, should fail to be made by the electors at their annual
election, the vacancy or vacancies shall be filled by the General Assembly
in grand committee, from the two candidates for such office having the
greatest number of the votes of the electors. Or, in case of a vacancy in
either of said offices from other causes, between the sessions of the General

Rep. No. 581. 103

Assembly, the Governor shall appoint some person to fill the same until a
successor elected by the General Assembly is qualified to act; and in such
case, and also in all other cases of vacancies not otherwise provided for, the
General Assembly may fill the same in any manner they may deem proper.

SEC. 9. If there be no choice of a Senator or Senators at the annual
election, or if a vacancy in the Senate occur from any other cause, the
Governor shall issue his warrant to the town and ward clerks of the several
towns and cities in the senatorial district or districts that may have failed to
elect, or where such vacancy may have occurred, requiring them to open
town or ward meetings for another election, on a day to be by him ap-
pointed, not more than fifteen days from the time of issuing such warrant;
and, in such election, a plurality of votes shall elect.

SEC. 10. All general officers shall take the following engagement before

they act in their respective offices, to wit : You, , being by the free

vote of the freemen of this State of Rhode Island and Providence Planta-
tions, elected unto the place of , do solemnly swear (or affirm) to be

true and faithful unto this State, and to support the constitution of this
State and of the United States; that you will faithfully and impartially
discharge all the duties of your aforesaid office, to the best of your abilities,
according to law: so help you God. Or, this affirmation you make and
give upon the peril of the penalty of perjury. And the members of the
General Assembly shall take an engagement to the same effect.

SEC. 11. In all elections held by the people under this constitution, a
majority of ail the electors voting shall be necessary to the choice of the
persons voted for, except as is herein otherwise provided.

SEC. 12. The officers now elected in grand committee, except justices of
the peace, shall continue to be so elected until otherwise prescribed bylaw.

SEC. 13. The oath or affirmation shall be administered to the Governor,
Lieutenant Governor, and Senators, by the Speaker of the House of Repre-
sentatives, in presence of the House, or elsewhere, by a justice of the su-
preme judicial court. The Secretary of State, Attorney General, and Gen-
eral Treasurer, shall be engaged by the person exercising the office of
Governor.

ARTICLE X.
Of qualifications for office.

SECTION 1. No person shall be qualified to hold the office of Governor,
Lieutenant Governor, Senator, or Representative in the General Assembly,
unless he be a duly qualified elector. No person shall be elected a Repre-
sentative to the General Assembly, or to any town or city office, unless he be
a qualified elector, and an inhabitant of the town or city which elects him.

SEC. 2. Every person shall be disqualified from holding any office to
which he may have been elected, if he be convicted of having offered, or
procured any other person to offer, any bribe to secure his election, or the
election of any other person.

SEC. 3. The judges of all the courts, and all other officers, both civil and
military, shall be bound by oath or affirmation to support this constitution,
and the constitution of the United States.

SKC. 4. No person who holds any office under the Government of the
United States, or any other State or foreign country, shall be capable of act-

104 Rep. No. 581.

ing as a general officer, or shall take a seat in the General Assembly, unless,
at the time of taking his engagement, he shall have resigned his office under
such other government. And if any general officer, senator, representa-
tive, or judge shall, after his election, accept or hold any office under any
other government, he shall not be capable thereafter of acting as a gene-
ral officer, senator, representative, or judge, but the office shall be thereby
vacated.

ARTICLE XI.
Of the judicial power.

SECTION 1. The judicial power of this State shall be vested in one su-
preme judicial court, and in such inferior courts as the General Assembly
may, from time to time, ordain and establish ; and the jurisdiction of the
supreme and of all other courts may, from time to time, be regulated by the
General Assembly.

SEC. 2. Chancery powers may be conferred "by the General Assembly on
the supreme judicial court ; but no other court exercising chancery powers
shall be established in this State, except as is now provided by law.

SEC. 3. The justices of the supreme judicial court shall be elected fn

frand committee of the two Houses, to hold their offices until their places
e declared vacant by a resolution of the General Assembly to that effect ;
which shall be voted for by a majority of all the members elected to the
House in which it may originate, and be concurred in by the same majority
of the other House. Such resolution shall not be entertained at any other
than the annual session for the election of public officers; and, in default
of the passage thereof at said session, the judge, or judges, shall hold his
or their places, as is herein provided. But a judge of this, or of any other
court inferior to the same, shall be removable from office, if, upon impeach-
ment, he shall be found guilty of any official misdemeanor.

SEC. 4. In case of vacancy by the death, resignation, refusal, or inability
to servr, or absence from the State, of a judge of this court, his place may
be filled by the grand committee until the next annual election ; when the
judge elected shall hold his office as before provided.

SEC. 5. The judges of the supreme judicial court shall receive a suitable
compensation for their services, which shall not be diminished during their
continuance in office.

SEC. 6. The judges of the supreme judicial court shall, in all trials, in-
struct the jury in the law.

SEC. 7. There shall be annually elected by each town, and by the seve-
ral wards in the city of Providence, a sufficient number of justices of the
peace, or wardens, resident thesein, with such jurisdiction as the General
Assembly may prescribe; and said justices, or wardens, except in the
towns of New Shoreham and Jamestown, bhall be commissioned by the
Governor.

SKC. 8. The courts of probate in this State, excepting the supreme judi-
cial court, shall remain as at present established by law, until the General
Assembly shall otherwise prescribe*

Rep. No. 581. 10S

ARTICLE XII.
Of education.

SECTION 1. The diffusion of knowledge as well as of virtue among the
people being essential for the preservation of their rights and liberties, it
shall be the duty of the General Assembly to promote public schools, and to
adopt all other means to secure to the people the advantages and opportuni-
ties of education, which they may deem necessary and proper.

SEC. 2, The money which now is, or which may hereafter be, appro-
priated by law for the formation of a permanent fund for the support of
public schools, shall be securely invested, and remain a perpetual fund for
that purpose.

SEC. 3. All donations for the support of public schools, or for other pur-
poses of education, which shall be received by the General Assembly, shall
be applied according to the terms prescribed by the donors.

SEC. 4. The General Assembly shall make all necessary provisions by
law for carrying this article into effect. They are prohibited from divert-
ing said moneys, or fund, from the aforesaid uses ; and from borrowing, ap-
propriating, or using the same, or any part thereof, for any other purpose,
under any pretence whatsoever.

ARTICLE XIII.
Of amendments.

The General Assembly may propose amendments to this constitution by
the votes of a majority of all the members elected to each House. Such
propositions shall be published in the newspapers, and printed copies of
said propositions shall be sent by the Secretary of State, with the names of
all the members who shall have voted thereon, with the yeas and nays, to
all the town and city clerks in the State ; and the said propositions shall
be by said clerks inserted in the warrants or notices by them issued, for
warning the next annual town and ward meetings in April ; and the clerks
shall read said propositions to the electors when thus assembled, with the
names of all the Representatives and Senators who shall have voted there-
on, with the yeas and nays, before the election of Representatives and Sen-
ators shall be had. If a majority of all the members elected to each House,
at said annual meeting, shall approve any proposition thus made, the same
shall be published arid sent to the electors in the mode provided in the act
of approval ; and, if then approved by three fifths of the electors of the
State present, and voting thereon in town and ward meetings, it shall be-
come a part of the constitution of the State.

ARTICLE XIV.
Of the adoption of this constitution.

SECTION 1. This constitution, if adopted, shall go into operation on the
first Tuesday in May, in the year one thousand eight hundred and forty-
two. The first election of Governor, Lieutenant Governor, Secretary of
State, Attorney General, and General Treasurer, and of Representatives
and Senators, under said constitution, shall be had on the third Wednesday
of April next preceding, And the town and ward meetings therefor shall

106 Rep. No. 581.

be warned and conducted as is now provided by law. All civil, judicial,
and military officers now elected, or who shall hereafter be elected, by the
General Assembly, or other competent authority, before the said first Tues-
day of May, shall hold their offices, and may exercise their powers, until
that time, or until their successors are qualified to act. All statutes, public
and private, not repugnant to this constitution, shall continue in force until
they expire by their own limitation, or are repealed by the General Assem-
bly. All charters, contracts, judgments, actions, and rights of action, shall
be as valid as if this constitution had not been made. The present gov-
ernment shall exercise all the powers with which it is now clothed until
the said first Tuesday of May, one thousand ei^ht hundred and forty-two,
and until their successors, under this constitution, are duly elected and
qualified.

SEC. 2. All debts contracted, and engagements entered into, before the
adoption of this constitution, shall be as valid against the State as if this
constitution had not been formed.

SEC. 3. The supreme judicial court, established by this constitution, shall
have the same jurisdiction as the supreme judicial court at present estab-
lished ; and shall have jurisdiction of all causes which may be appealed to,
or pending in the same; and shall be held at the same times and places,
and in each county, as the present supreme judicial court, until otherwise
prescribed by the General Assembly.

SKC. 4. The towns ot Jamestown and New Shoreham shall continue to
enjoy the exemptions from military duty which they now enj >y, until other-
wise prescribed by law.

Done in convention, February 19, 1842.

HENRY Y. CRANSTON,
President of the Convention.

THOMAS A. JENCKES, Secretary.

WALTER W. UPDIKE, Assistant Secretary.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

Secretary's Office, February, 1842.

The foregoing is a true copy of the original roll deposited in the Secre-
tary's office.

Witness : HENRY BOWEN, Secretary.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

la Convention, February 19, A, D. 1842.

Resolved, That the constitution framed by this convention be certified
by the president and secretaries, and, with the jjurnal and papers of the
convention, shall be deposited in the office of the Secretary of State; that
the Secretary of State cause said constitution, together with this resolution,
and all the acts and resolutions of the General Assembly relating to this
convention, to be printed and distributed according to law ; and that said
constitution be submitted to all the people authorized to vote for general
officers under the same, for their ratification or rejection, at town and ward

Rep. No. 581. 107

meetings, to be holden in the several towns and in the city of Providence
on Monday, Tuesday, and Wednesday, the twenty first, twenty-second,
and twenty third days of March, A. D. 1842. The several town and city
clerks shall issue the necessary warrants for said meetings. Said meetings
shall be kept open for the reception of votes from the hour of nine o'clock
in the forenoon, until seven o'clock in the afternoon; and in the city of
Providence and town of Newport, until nine o'clock in the evening, on the
days appointed. At said town and ward meetings every person voting shall
have his name written on the back of his ballot; and said ballots shall be
sealed up in open town or ward meetings, and, with lists of the names of
the voters, shall be returned to the General Assembly at their session to be
holden on the fourth Monday of March next.
Read and adopted, February 19, 1842.

THOMAS A. JENCKES, Secretary.

True copy of the original resolution deposited in the office of the Secre-
tary of State.

Witness: HENRY BOWEN, Secretary.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.

In General Assembly, March session, A. D. 1842.

The committee appointed to count the votes on the adoption of the con-
stitution reported by the convention holden on the first Monday of Novem-
ber, A. D. 1841, respectfully report: That the whole number of electors vo-
ting is sixteen thousand seven hundred and two; of whom, eight thousand
and thirteen voted for the adoption of said constitution ; and eight thousand
six hundred and eighty-nine voted against it. They further report, that
said constitution is rejected by a majority of six hundred and seventy six
votes.

JOHN MANCHESTER,

For the Committee.

No. 30.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

In General Assembly, March session, 1842.

Report of the committee, on the action of the General Assembly on the sub-
ject of the constitution.

The committee to whom was referred the joint resolution requiring them
to report to this Assembly a statement of all the important facts connected
with the formation and rejection of the constitution lately submitted to the
people of this State for approval or rejection, and also to report their opin-
ion whether any legislation on said subject is now necessary, and, if any,
what, — beg leave to report:

That those who have set themselves in opposition to the government of
this State have pretended that it was an aristocracy, and not republican in
its form. On the contrary, your committee have no hesitation in asserting

108 Rep. No. 581.

that this State, from its "settlement, has possessed a democratic form of gov-
ernment.

The first charter obtained under the authority of the parliament of Eng-
land in 1643-'44, and the last charter obtained in 1663, from Charles II,
secured to the people of this Slate the right of self-government. Under
that form of government, which has descended to us from the patriarchs of
the colony, the people have enjoyed a degree of civil and religious freedom
which has never been exceeded, and seldom equalled, in any other State.

This form of government has been found sufficient in peace and in war
— in times when our people acknowledged allegiance to the crown of Eng-
land, and since the declaration of independence. Under this form of gov-
ernment the people of this State became parties to the declaration of inde-
pendence, to the union of the States under the confederation, and to the
constitution of the United States, under which we have enjoyed so much
prosperity and happiness.

The charter of 1663 having fixed the representation of the towns, with-
out any reference to their subsequent population, the altered circumstances
of the State have produced an inequality of representation from the towns
in the House of Representatives, which has created some dissatisfaction in
that portion of the State which has most increased in population. Within
the last eighteen years three attempts have been made to form a constitution
of government for this State, under the sanction of acts of this General
Assembly.

These attempts have failed in two instances by the vote of the people —
in 1824 and in 1842; and by the failure of the convention in 1834 to form
a constitution.

This General Assembly has thus manifested a disposition to afford every
facility to the people of this State, which was necessary to enable them to
repeal or reform, or remodel, at their pleasure, their fundamental laws. The
unequal representation of the towns has not therefore influenced this Gene-
ral Assembly, so as to prevent the action of the freemen at large on this sub-
ject. And as a further instance of the liberality of this General Assembly,
in the last attempt that was made to form a constitution, the basis of repre-
sentation in the convention was altered, by an act of the Assembly, so as to
render the people more equally represented in that body which was to form
the constitution.

In the attempts to form a constitution in 1824 and 1834, but very few
were desirous of changing the freehold qualification for the right of suffrage.
In the convention of 1824, Mr. Pearce made a motion to extend the right of
suffrage to persons who did not possess a freehold ; which was almost unan-
imously rejected, three only voting in its favor. In 1834 a similar motion
was made by Mr. Dorr, and but seven voted in its favor.

At the January session of the General Assembly, 1841, a memorial from
the town of Smithfield was referred to a select committee of the House of
Representatives, of which the Hon. Asher Robbins was chairman, who, in
behalf of said committee, reported as follows:

" The select committee to whom was referred the memorial of the town
of Smithfield, praying tins General Assembly to 'take the subject of the ex-
treme inequality of the present representation from the several towns under
consideration, and, in such manner as seems most practicable and just, to
correct the evil complained of,' have had the same under consideration;
and the committee, believing that the regular and rightful way of obtain-

Rep. No. 581. 109

ing the object prayed for, is by a convention of the freemen of the State,
acting in their sovereign capacity on the subject, report the following reso-
lution for adoption :

"Resolved by the General Assembly (the Senate concurring with the
House of Representatives therein,) That it be recommended to the freemen
of the State, at the several town meetings in April, to instruct their repre-
sentatives as to their wishes for a State convention to frame a new consti-
tution for this State, in whole or in part, with full power for that purpose."

Alter some remarks from several members, on motion of Mr. Robbins, on
the 5th of February, 1841, this resolution was recommitted, to report in
the morning, and the report was made the order of the day for the morrow.
On the next day the memorial of the town of Smithfield was taken up,
and the resolution as amended by the committee ; and after considerable de-
bate on the question, whether the freemen should be called upon first to
instruct their representatives on the subject of calling a convention, or
whether the General Assembly should pass a bill, as heretofore, immediately
for calling a convention, the latter course was adopted. Resolutions were
then passed by this General Assembly, requesting the freemen to choose, in
August, delegates to attend a convention to be holden at Providence on the
first Monday of November, A. D. 1841, to frame a new constitution for
this State, either in whole or in part, with full power for this purpose; and
lif only for a constitution in part, that said convention have under their
especial consideration the expediency of equalizing the representation of
he towns in the House of Representatives.

At this January session, printed petitions were presented, signed by about
lix hundred persons in all, as follows:

1 To the Hon. the General Assembly of the State of Rhode Island:

" The undersigned, inhabitants and citizens of the State of Rhode Island,
would respectfully represent to your honorable body, that they conceive
that the dignity of the State would be advanced, and the liberties of the
citizen better secured, by the abrogation of the charter granted unto this
State by King Charles the Second of England, and by the establishment of
a constitution which should more effectually define the authority of the
executive and legislative branches, and more strongly recognise the rights
of the citizens. Your petitioners would not take the liberty of suggesting
to your honorable body any course which should be pursued, but would
leave the whole affair in your hands, trusting to the good sense and dis-
cretion of the General Assembly.

"Your petitioners would further represent to the General Assembly, that
they conceive that an extension of suffrage to a greater portion of the white
male residents of the State would be more in accordance with the spirit of
our institutions than the present system of the State; and for such an ex-
tension they ask.

"Your petitioners would not suggest any system of suffrage, but would
leave the matter to the wisdom of the General Assembly.

" Upon both the prayers of your petitioners they would ask the immediate
and efficient action of the General Assembly ; and, as in duty bound, will
ever pray."

[Signed by Elisha Dillingham, and about 580 others.]

The prayer of these petitions was answered by the action of the Assam-

110 Rep. No. 581.

bly on the Smithfield memorial. Any extension of the right of suffrage was
most proper for the people acting by their delegates in convention. Such
a convention the General Assembly had every reason to believe would be
formed under the resolutions which they had adopted.

At the last May session of this General Assembly, Mr. Mowry, of Smith-
field, submitted a resolution, that the resolution for a convention to form a
constitution for the State be amended, so as to elect the members in pro-
portion to the number of delegates the towns would severally be entitled
to according to the last census, not exceeding six to one town.

Mr. At well then said (if he has been reported correctly) that, in connexion
with the resolution, he would call for the petition of Elisha Dillingham and
others, for extending suffrage, presented at the last session ; as he thought,
when settling as to how many delegates should be elected, we should in-
quire as to who should elect those delegates.

Mr. Ames advocated the passage of Mr. Mowry's resolution.

The resolution of Mr. Mowry was adopted by the House, by a vote of
48 to 20.

The next day Mr. Atwell presented a bill which he had been requested
to offer, as meeting the views of a large portion of our citizens. It provided
for a new apportionment of representation, and an extension of suffrage in
choosing delegates for the convention to frame a constitution.

Mr. Atwell (according to the published report) said he was not then pre-
pared to say he could go the length the friends of the bill proposed. He
wished the bill read, and referred to the Committee on the Judiciary, to re-
port in June; and the bill was so disposed of.

At the last June session, (according to the published account,) Mr. Atwell
made a minority report from the Committee on the Judiciary, to whom was
referred the act sent to the House as aforesaid. The substance of the re-
port was, that every white male citizen of the United States, over 21 years of
age, who has resided in this State two years, and in the town or city where
he is to vote for six months next preceding the town meeting, and who has
paid a tax on real estate or personal property for one year previous to the
time of voting, shall be allowed to vote for the choice of delegates to the
convention appointed by the General Assembly to meet in November next,
for the purpose of forming a constitution, except persons insane, under
guardianship, and convicts.

There was much debate in the House, growing out of this report— some
denying the power of the House to pass such an act; others admitting
the power of the House, but denying its propriety. The report was de-
fended as to the power of the Assembly, and the propriety of such an act.
On the question, fifty-two voted against the act proposed by Mr. Atwell, and
ten in its favor.

Mr. Spencer, who voted against the act, said that the proper course for
those who wished for an extension of suffrage is to go to the convention
appointed for the purpose of considering that subject with others ; and if
they found no redress there, then the proper course would be to come here.

This course, so plain and proper, was not adopted ; on the contrary,
measures were taken to extend suffrage by the act of those who, by law,
were not entitled to suffrage, by a movement revolutionary in its character,
and without any such necessity or oppression as must exist to justify revo-
lution.

The refusal of the General Assembly to extend the right of electing dele-

Rep. No. 581. Ill

gates to the convention, to persons who were not qualified electors by the
fundamental laws of the State, has 'been alleged as a justification for the
convention which formed what they have been pleased to term the people's
constitution.

Measures, however, were taken before the June session, by the friends of
the suffrage movement, to organize a convention by their own authority.

In May last, at a large meeting in Newport, under the auspices of the
suffrage association, measures were taken for calling a convention of the
people, without any regard to the fundamental laws of this State, which,
for nearly two hundred years, have required the possession of a freehold to
entitle a person to be admitted to the exercise of political power, and to be
a member of the body politic and corporate. A portion of the people re-
sponded to the call of this unauthorized body, and met in the several towns
to choose delegates to a convention to form a constitution for this State, to
be holden at Providence October 9, 1841.

This was in anticipation of the lawful convention, which was to meet on
the first Monday of November last.

The unauthorized convention assembled in Providence at the time ap-
pointed. They were the delegates of a minority of the people, in whatever
sense the word " people" may be understood. A small portion of the free-
iholders joined in this irregular election ; and, although all persons were ad-
miitted to vote who chose, not more than about seven thousand two hundred
otes gave any appearance of sanction to this convention. The number of
vhite male citizens of the United States resident in this State, over 21 years
if age, exceeds 22,000.

Such was the authority upon which this convention assembled and pro-
eeded to act. It has been generally supposed that this convention pro-
eeded simply without law, and not against law ; but as they assumed the
uthority which, under the laws of this State, was to be exercised by an-
rther convention, chosen by the freemen for that purpose, they acted in op-
>osition to the law under which the lawful convention was called, in vio-
ation of the right which belonged to the legally qualified electors to make
i constitution for this State ; and their doings were not only without law,
)Ut against law.

This unlawful convention, elected by a minority of the people, proceeded
o the solemn work of forming a constitution to he proposed to the people of
his State, and also exercised one of the most important powers of sove-
reignty ; of their own authority, they decided what portion of the people
should, and what portion should not, vote upon the adoption or rejection of
he constitution. At meetings holden under their authority, their constitu-
;ion was submitted to those whom they pleased to recognise as the people.
It was voted for, during three days, in open meetings ; and three days by
votes collected from all quarters, by any person or persons, and brought to
the pretended moderator, and with no opportunity for detection of frauds.
Votes thus collected and counted, by their own mode of computation, they
have declared to have been given by a majority of the people ; and, by the
same usurped authority, have proclaimed their constitution to be the supreme
law of this State.

The lawful convention met at the time appointed, on the first Monday of
November last. On the question of suffrage, they decided to admit persons
to vote who did not possess a freehold qualification.- They decided not to
admit, in future, the eldest sons of freeholders as qualified voters. On the

112 Rep. No. 58 L

question, what personal property qualification would be required? there
were three propositions : one proposing five hundred, another three hun-
dred, and another two hundred dollars. The vote being taken on the
largest sum first, it was decided in favor of this. On further reflection, it
was ascertained that rejecting the eldest sons, and requiring a personal
property qualification of the value of five hundred dollars, would not be an
extension, but a diminution of the number entitled to vote. At this period
of their deliberations the convention adjourned, to meet again on the 14th
of February, to ascertain the sentiments of their constituents on this funda-
mental question. Before this time, however, the suffrage convention com- •
pleted their work, and declared their constitution the supreme law. At the
session of this General Assembly, in January last, they communicated their I
constitution and their declaration to the General Assembly. At the com-
mencement of the January session, Mr. Atwell, who had been a member of
the suffrage convention, introduced an act reciting the fact of the adoption
of the suffrage constitution by a majority of the people, and its having be-
come the supreme law, and requiring this General Assembly to yield up its
authority to the new government which was to be formed under it.

This step being found too bold to meet with any countenance in this As-
sembly, he afterwards made a motion to inquire how many of the legally
qualified voters in the State had voted for this constitution. This motion
did not prevail. The Legislature was not disposed to sanction, in any
manner, the doings of this convention, or the voting under their authority.
The following resolutions were then passed by the General Assembly, with
much unanimity — but seven voting against them:

"STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

"In General Assembly, January session, A. D, 1842.

" Whereas a portion of the people of this State, without the forms of law,
have undertaken to form and establish a constitution of government for the
people of this State, and have declared such constitution to be the supreme
law. and have communicated such constitution unto this General Assembly :
and whereas many of the good people of this State are in danger of being'
misled by these informal proceedings : therefore,

"It is hereby resolved by this General Assembly, That all acts done by
the persons aforesaid, for the purpose of imposing upon this State a consti-
tution, are an assumption of 'the powers of government, in violation of the
rights of the existing government, and of the rights of the people at large.

"Resolved, That the convention called and organized in pursuance of an
act of this General Assembly, for the purpose of forming a constitution to be
submitted to the people of this State, is the only body which we can recog-
nise as authorized to form such a constitution; and to this constitution the
whole people have a right to look, and we are assured they will not look in
vain, for such a form of government as will promote their peace, security,
and happiness.

"Resolved, That this General Assembly will maintain its own proper
authority, and protect and defend the legal and constitutional rights of the
people.

"True copy : — Witness,

"HENRY BOWEN, Secretary"

This General Assembly, though they considered this pretended constitu-

Rep. No. 581». 113

lion as a nullity, yet were disposed to consider the number of persons who
had voted for it as expressive of an opinion in the community that the
right of suffrage should be very liberally extended. A bill was introduced
into the Legislature, providing for such an extension of suffrage as was af-
terwards adopted by the legal convention. It was, however, deemed im-
proper, by many, that this should be done by the General Assembly, and
especially as the freemen had already sent delegates to a convention to de-
cide upon this matter. As a substitute for this bill, and with a view to con-
ciliation, the following act was passed :

"STATE OF RHODE ISLAND AND PROVIDENTCE PLANTATIONS,

"In General Assembly ) January session^ A. D. 1842.

<1AN ACT in amendment of an act entitled 'An act revising the act entitled An act regulating
the manner of admitting freemen, and directing the method of electing officers in this
State,'

" Whereas the good people of this State having elected delegates to a con-
vention to form a constitution ; which constitution, if ratified by the people,
will be the supreme law of the State: therefore,

"Be it enacted by the General Assembly as follows;

"All persons now qualified to vote, and those who may be qualified to vole
under the existing laws previous to the time of such their voting, and all
persons who shall be qualified to vote under the provisions of such con-
stitution, shall be qualified to vote upon the question of the adoption of said
constitution.

<: True copy : Witness,

« HENRY BOWEN, Secretary."

The legally authorized convention met at the time to which they had
adjourned, (the 14th of February,) finished their work, and submitted their
constitution to the people, to be voted upon on the 21st, 22d, and 23d of
March, 1842. The provisions of this constitution extended the right of
suffrage to every white male native citizen of the United States, of the age
of 21 years, who has resided in this State two years, and in the town or city
where he offers to vote six months next preceding his voting, excepting
lunatics, paupers, &c. ; and to such naturalized citizens as possessed such
freehold qualification as has been heretofore required for all citizens, on a
residence of three years in this State after their naturalization, and six.
months in the town or city in which they offer to vote, next preceding the
time of voting.

This extension was as liberal to all native-born American citizens, as that
granted by the (so called) " people's constitution," except that two years' resi-
dence was required instead of one. It was a further extension than was
contemplated by the bill already mentioned, introduced by Mr. Atwell, at
the June session.

In relation to those who were born in foreign countries, it was not
deemed prudent that they should be admitted to the right of suffrage as
freely as the native-born citizen, and not until, by a longer residence, and
a freehold qualification, there was such " evidence of permanent common
interest with, and attachment to, the community," as would render it safe
to extend to them this most important right.

It was to have been expected that the native born citizens of the Onfted
States, resident among us, who have been so desirous of an extension of suf-
8

114 Bep. No. 581.

fra^e, would have acceptecUhis constitution in the same spirit of conciliation
and compromise with which it was offered them. Many have done so}
and many more would have done so, if pains had not been taken by their
interested leaders to pledge them to vote against this constitution before it
was ever formed. And many have said that they would not vote for it, if it
had been word for word like their own.

Such a spirit is beyond the reach of conciliation or compromise. Nothing
can satisfy such men but a triumph over the law, and a prostration of the
government to their unhallowed purposes.

By a small majority (676) the constitution has been rejected. We have
no doubt many voted against it from their attachment to ihe freehold quali-
fication. Some voted against it, because the colored people were not placed
on the same platform with white men ; others, because they considered the
representation in the Legislature unequal ; and we have reason to believe
that many voted against it, being deceived by the grossest misrepresenta-
tions, and having been told they would lose, if this constitution was adopted,
certain rights and privileges to which they were well known to be much
attached.

We have seen, on the part of a portion of the free suffrage men, a zeal in
opposition to this constitution, which offered to them more than they origin-
ally asked, that cannot be accounted for upon the principles of interest and
prudence which govern men in ordinary times. With them, the contest has
ceased to be for principle; it has become a contest for power ; — not for power
under ordinary circumstances, for the honors or emoluments of office under
the same Jaws and the same government ; but a contest for power, in violation
of every righteous principle, to the destruction of all law, and all legitimate
government.

We cannot for a moment doubt on which side all good citizens will array
themselves, when such a contest is brought to that issue, which is threaten-
ed by those resolutions these deluded men have already passed, u That they
will support their constitution ' by all necessary means, and repel force by
force.' "

The duty of the government is most plain. We are required to protect
the citizen by legislation when the laws tire defective, to warn the deluded
hew they act in violation of the laws, and to exert the means put into our
hands to vindicate the rights of the government, and to guard the peace
and happiness of the State.

With this view, your committee recommend the passage of a bill here-
with presented, which, in their opinion, is necessary to meet the exigency
of the times. Your committee also recommend the passage of the following
resolutions :

Resolved, That his excellency the Governor be requested to issue his
proclamation to the good people of this State, exhorting them to give no
aid or countenance to those who, in violation of the law, may attempt to
set up a government in opposition to the existing government of this State,
and calling upon them to support the constituted authorities for the preserva-
tion of the public peace, and in the execution of those laws on which the
security of all depends.

Resolved, That his excellency the Governor be, and he is hereby,
authorized to adopt such measures as, in his opinion, may be necessary, in
the recess of this Legislature, to execute the laws and preserve the State
from domestic violence ; and that he be, and is hereby, authorized to draw

Rep. No. 581. 115

on the general treasurer for such sums as may be required for these pur-
poses.

Resolved, That this report, and the act accompanying, entitled "An act
in relation to offences against the sovereign power of the State," be pub-
lished in all the newspapers in this State; that ten thousand copies be
printed in pamphlet form ; and that the Secretary of State cause the same
to be forthwith distributed in the several towns of this State and the city of
Providence ; and that five copies of the same be sent to the Governor of
each State, and a copy each to the President, Vice President, members of
the Cabinet, Senators, and members of the House of Representatives of (he
United States.

AN ACT in relation to offences against the sovereign power of the State.

Whereas, in a free government, it is especially necessary that the duties
of the citizen to the constituted authorities should be plainly defined, so that
none may confound our regulated American liberty with unbridled license :
and whereas certain designing persons have, for some time past, been busy
with false pretences amongst the good people of this State, arid have framed,
and are now endeavoring to carry through, a plan for the subversion of our
government, under assumed forms of law, but in plain violation of the first
principles of constitutional right, and many have been deceived thereby :
and whereas this General Assembly, at the same time that it is desirous to
awaken the honest and well meaning to a sense of their duty, is resolved,
by all necessary means, to guard the safety and honor of the State, and,
overlooking what is past, to punish such evil doers in future, in a manner
due to their offences ;

Be it enacted by the General Assembly as follows :

SECTION 1. All town, ward, or other meetings of the freemen, inhabit-
ants, or residents of this State, or of any portion of the same, for the elec-
tion of any town, city, ward, county, or State officer or officers, called or
held in any town of this State, or in the city of Providence, except in the
manner, for the purposes, at the times, and by the freemen, by law prescri-
bed, are illegal and void ; and any person or persons who shall act as mode-
rator or moderators, warden or wardens, clerk or clerks, in such pretended
town, ward, or other meetings hereafter to be held, or in any name or man-
ner receive, record, or certify /votes for the election of any pretended town,
city, ward, county, or state officers, shall be deemed guilty of a misdemean-
or, and be punished by indictment, with a fine not exceeding one thousand,
nor less than five hundred dollars, and be imprisoned for the term of t six
months: Eromded, however, That this act is not intended to apply to cases
in which, by accident, or mistake, some prescribed form or forms of calling
town or ward meetings of the freemen of the several towns of this State
and of the city of Providence, shall be omitted or overlooked.

SEC. 2. Any person or persons who shall, in any manner, signify that
he or they will accept any executive, legislative, judicial, or ministerial of-
fice or offices, by virtue of any such pretended elections in any such pre-
tended town, ward, or other meeting or meetings, or shall knowingly suffer
or permit his or their name or names to be used as a candidate or candi-

116 Bep. No 581.

»

dates therefor, shall be adjudged guilty of a high crime and misdemeanor^
and be punished by indictment in a tine of two thousand dollars, and be
imprisoned for the term of one year.

SEC. 3. If any person or persons, except such as are duly elected thereto
according to the laws of this State, shall, under any pretended constitution
of government for this State, or otherwise, assume to exercise any of the
legislative, executive, or ministerial functions of the offices of Governor,
Lieutenant Governor, Senators, members of the House of Representatives,
Secretary of State, Attorney General, or General Treasurer of this State, or
within the territorial limits of the same, as the same are now actually held
and enjoyed, either separately or collectively, or shall assemble for the pur-
pose of exercising any of said functions, all and every such exercise of, or
meeting for the purpose of exercising all, any, or either of said functions,
shall be deemed and taken to be a usurpation of the sovereign power of this
State, and is hereby declared to be treason against the State, and shall be
punished by imprisonment during life, as is now by law prescribed.

SEC. 4. All offences under this act shall be triable before the supreme
judicial court only. Any person or persons arrested under the same, and
also for treason against the State, may bo imprisoned or held in custody for
trial in the jail of such county of the State as the judge or justice issuing
the warrant may order or direct ; and the sheriff, or other officer charged
with the service of such warrant, shall, without regard to his precinct,
have full power and authority to take such person or persons, and him or
them to commit to any county jail in this State which maybe designated by
such judge or justice ; and it shall be the duty of all sheriffs, deputy sheriffs,
town sergeants, constables, and jailers to govern themselves accordingly. All
indictments under this act, and also all indictments for treason against this
State, may be preferred and found in any county of this State, without re-
gard to the county in which the offence was committed ; and the supreme
judicial court shall have full power, for good cause, from time to time to re-
move for trial any indictment which may be found under this act, or for
treason against the State, to such county of the State as they shall deem
best, for the purpose of ensuring a fair trial of the same; and shall, upon
the conviction of any such offender or offenders, have full power to order,
and from time to time to alter, the place of imprisonment of such offender
or offenders, to such county jail within this State, or to the State's prison,
as to them shall seem best for the safe custody of such offender or offenders ;
any act, law, or usage to the contrary, notwithstanding.

SECRETARY'S OFFICE, April 4, 1842.

The foregoing is a true copy of the report of the committee, with the
resolutions and act passed by the General Assembly thereon.

Witness : HENRY BOWEN, Secretary.

Rep. No. 581. 117

No. 3i.

AN ACT concerning crimes and punishments, passed January session, 1833.
Chapter First — Of offences against the sovereignty of the State.

SECTION 1. Treason against this State shall consist only in levying war
against the same, or in adhering to the enemies thereof, giving them aid
and comfort.

SEC. 2. Every person who shall be convicted of treason against this

State shall be imprisoned during life.

« * * * # *.* *

SRC. 4. No person shall be convicted of treason against this State, but
by the testimony of two lawful witnesses to the same overt act for which he
shall then be on trial, unless he shall in open court confess the same.

No. 32.
Extract from the laws of Virginia^ revision of 1819, chapter \§2,page 560.

"SECTION 2. Also, every person or persons who shall erect or establish,
or cause or procure to be erected or established, any government separate
from, or independent of, the government of Virginia, within the limits
thereof, unless by act of the legislature of this commonwealth for that pur-
pose first obtained ; or who shall, in any such usurped government, hold or
execute any office, legislative, executive, judiciary, or ministerial, by what-
ever name such office may be distinguished or called • or who shall swear,
or otherwise solemnly profess allegiance or fidelity to the same ; or who
shall, under pretext of authority derived from, or protection afforded by,
such usurped government, resist or oppose the due execution of the laws
of this commonwealth, shall be adjudged guilty of high treason, and shall
be proceeded against and punished in the same manner as other traitors
may be proceeded against and punished.

"Ssc. 3. Every person who shall attempt to establish such government,
by any other means than with the assent of the legislature of this common-
wealth, and, in pursuance of such attempts, shall join with any other per-
son or persons in any overt act for promoting such attempts ; or who shall,
by writing or advised speaking, endeavor to instigate the people of this
commonwealth to erect or establish such government, without such assent
as aforesaid, shall be adjudged guilty of a high crime and misdemeanor;
and, on conviction, shall be subject to such pains and penalties, not extend-
ing to life or member, as the court before whom the conviction shall be
shall adjudge."

Act of 1785, sections 2 and 3. Treason in Virginia is punished with
death.

118 Rep. No. 581.

No. 33.
Governor King's proclamation April Ath, 1842.

By his excellency Samuel Ward King, governor, captain general, and
commander-in chief of the State of Rhode Island and Providence Plan-
tations.

A PROCLAMATION.

Whereas sundry persons, citizens of this State, or residents within the
same, are conspiring and confederating to usurp the government thereof;
are deceiving and seducing honest and well meaning citizens, under va-
rious pretences, to engage in said criminal enterprise, contrary to the laws
in such cases made and provided :

And whereas the General Assembly of onr said State, at the session
holden on the fourth Monday of March last, passed and enacted the follow-
ing resolution, viz:

"Resolved, That his excellency the governor be requested to issue his
proclamation to the good people of this State, exhorting them to give no
aid or countenance to those who, in violation of the law, may attempt to
set up a government in opposition to the existing government of this State,
and calling upon them to support the constituted authorities for the preser-
vation of the public peace, and in the execution of those laws on which the
security of all depends :"

I do, therefore, issue this my proclamation, warning and admonishing all
faithful citizens who have been led, without due knowledge or considera-
tion, to participate in the said unlawful enterprise, to withdraw from the
same without delay ; and requiring, also, all persons whomsoever, engaged
or concerned in the same, to cease all further proceedings therein, as they
will answer the contrary at their peril. And I hereby enjoin and require
all judges, justices of the peace, sheriffs, deputy sheriffs, and constables, and
all military officers, within their respective departments, and according to
their several functions, to be vigilant and firm in detecting and bringing to
condign punishment all persons engaged or concerned in such enterprise.

And furthermore, I do hereby exhort all the good people of this State
that they give no countenance to said unlawful enterprise ; but that they
do. by their advice and example, aid and support the civil authority in its
exertions to suppress all unlawful combinations, and maintain the peace and
dignity of the State.

In testimony whereof, I have caused the seal of said State to be affixed

to these presents, and have signed the same with my hand. Given

[L. s.] at the city of Providence, on the fourth day of April, in the year

of our Lord one thousand eight hundred and forty two, and of the

independence of the United States of America the sixty-sixth.

SAMUEL WARD KING.
By his excellency's command :

HENRY BOWEN, Secretary of State.

Bep. No. 581. 119

No. 34.

Statement submitted by Messrs. Whipple, Francis, and Potter, to the
President of the United States, April, 1842.

The undersigned, having been deputed by Samuel W. King, the gover-
nor of the State of Rhode Island, to lay before you the present alarming
condition in which the people of the State are placed, and to request from
you the adoption of such prudential measures as, in your opinion, may
tend to prevent domestic violence, beg leave most respectfully to state the
following among the leading facts, to which your attention is more partic-
ularly invited :

That the people of Rhode Island have no fundamental law except the
charter of King Charles the Second, granted in 1663, and the usage of the
legislature under it. Legislative usage under their charters has been de-
cided by the Supreme Court of the United States to be the fundamental
law, both in Connecticut and Rhode Island.

That, from the date of the Khode Island charter down to the year 1841,
(a period of nearly two hundred years,) no person has been allowed to vote
for town or State officers unless possessed of competent estates, and admit-
ted free in the several towns in which they resided.

That, since the statute of 1723, no person could be admitted a freeman
of any town unless he owned a freehold estate of the value fixed by law,
(now one hundred and thirty-four dollars,) or was the eldest son of such a
freeholder.

That, until the past year, no attempt has been made, to our knowledge,
to establish any other fundamental law, by force, than the one under which
the people have lived for so long a period.

Thai, at the January session of the legislature in 1841, a petition, signed
by five or six hundred male inhabitants, praying for such an extension of
suffrage as the legislature might, in their wisdom, deem expedient to pro-
pose, was presented.

That, influenced by that petition, as well as by other considerations, the
legislature, at that session, requested the qualified voters, (or freemen, as
they are called with us.) to choose delegates at their regular town meetings,
to be holden in August, 1841, for a convention, to be holden in November,

1841, to frame a written constitution.

That the result of the last meeting of this legal convention, in February,

1842, was the constitution accompanying this statement, (marked — ,)
which, in case of its adoption by the people, would have been the supreme
law of the State.

Most of the above facts are contained in the printed report of a numer-
ous committee of the legislature, at their session in March, 1842; which
report was adopted by the legislature.

That, in May, 1841, after said legal convention had been provided for
by the legislature, and before the time appointed for the choice of delegates
by the qualified voters, (August, 1841,) a mass meeting was held by the
friends of an extension of suffrage at Newport, at which meeting a com-
mittee was appointed, called the State committee, who were authorized by
said mass meeting to take measures for calling a convention to frame a con-
stitution.

That this committee, thus authorized, issued a request for a meeting of

120 Rep. No. 581.

the male citizens in the several towns to appoint delegates to tTie proposed
convention.

That meetings, of unqualified voters principally, (as we believe,) were
accordingly holden in the several towns, unauthorized by law, and contrary
to the invariable custom and usage of the State from 1663 down to that
period. That the aggregate votes appointing the delegates to that conven-
tion was, according to their own estimate, about 7,200; whereas the whole
number of male citizens over twenty-one years of age, after making a de-
duction for foreigners, paupers, &c., was, also according to their own esti-
mate, over 22,000.

That this convention, thus constituted, convened in Providence in Oc-
tober, 1841, and the constitution called the "people's constitution" was the
result of their deliberations.

That, at subsequent meetings of portions of the people in December,
1841, by the authority of this convention alone, (elected, as its delegates-
had been, by about one-third of the voters, according to their standard of
qualification,) all males over twenty-one years of age were admitted to vote
for the adoption of the people's constitution. That these meetings were not
under presiding officers whose legal duty or legal right it was to interpose
any check or restraint as to age, residence, property, or color.

By the fourteenth article of their constitution, it was provided that " This
constitution shall be submitted to the people, for their adoption or rejection,
on Monday, the 27th of December next, and on the two succeeding days.'7
* * "And every person entitled to vote as aforesaid, who, from sickness
or other causes, may be unable to attend and vote in the town or ward
meetings assembled for voting upon said constitution on the days aforesaid,
is requested to write his name on a ticket, and to obtain the signature upon
the back of the same of a person who has given in his vote as a witness
thereto. And the moderator or clerk of any town or ward meeting, con-
vened for the purpose aforesaid, shall receive such vote on either of the
three days next succeeding the three days before named for voting for said
constitution."

During the first three days, about nine thousand votes were received
from the hands of the voters in the open town meetings. By the privilege
granted to every and all the friends of the constitution, of bringing into
their meetings the NAMES of voters during the three following days, five
thousand votes more were obtained — making an aggregate of about four-
teen thousand votes.

This constitution, thus originating and thus formed, was subsequently
declared by this convention to be the supreme law of the land. By its pro-
visions, a government is to be organized under it, by the choice of a gov-
ernor, lieutenant governor, senators, and representatives, on the Monday
preceding the third Wednesday in April, 1842.

By the provisions of the ''landholders' constitution," as the legal consti-
tution is called, every white male native citizen possessing the freehold
qualification, and over twenty-one years of age, may vote upon a residence
of one year; and without any freehold, may vote upon a residence of
two years, except in the case of votes for town taxes ; in which case, the
voter must possess the freehold qualification, or be taxed for other property
of the value of $150.

By the " people's constitution," " every white male citizen of the United
States of the age of twenty-one years, who has resided in this State for on&

Rep. No. 581. 121

year, and in the town where he votes for six months" shall be permitted to
vote, with the same exception as to voting for town taxes as is contained in
the other constitution.

The provision, therefore, in relation to the great subject in dispute — the
elective franchise — is substantially the same in the two constitutions.

On the 21st, 22d, and 23d of March last, the legal consiitution, by an act
of the legislature, was submitted to all the persons who, by its provisions,
would be entitled to vote under it, after its adoption, for their ratification.
It was rejected by a majority of 676 — the number of votes polled be-
ing over 16,OUO. It is believed that many freeholders voted against it,
because they were attached to the old form of government, and were
against any new constitution whatever. Both parties used uncommon
exertions to bring all their voters to the polls ; and the result of the
vote was, under the scrutiny of opposing interests in legal town meetings,
that the friends of the people's constitution brought to the polls probably not
over 7,000 to 7,500 votes. The whole vole against the legal constitution
was about 8,600. If we allow 1,000 as the number of freeholders who
voted against the legal constitution because they are opposed to any consti-
tution, it would leave the number of the friends of the people's constitution
7,600, or one-third of the voters of the State under the new qualification
proposed by either constitution.

It seems incredible that there can be 14,000 friends of the people's con-
stitution in the State, animated as they are by a most extraordinary and en-
thusiastic feeling; and yet, upon this trial, in the usual open and fair way
of voting, they should have obtained but about 7,600 votes.

The unanimity of the subsequent action of the legislature, comprehend-
ing as it did both the great political parties — the House of Representatives
giving a vote of sixty in favor of maintaining the existing government of
the State, and only six on the other side, with a unanimous vote in the
Senate ; the unanimous and decided opinion of the supreme court, declar-
ing this extraordinary movement to be illegal in all its stages, (a majority of
that court being of the democratic party,) with other facts of a similar char-
acter, have freed this question of a mere party character, and enabled us to
present it as a great constitutional question.

Without presuming to discuss the elementary fundamental principles of
government, we deem it our duty to remind you of the fact, that the exist-
ing government of Rhode Island is thz government that adopted the consti-
tution of the United States, became a member of this confederacy, and has
ever since been represented in the Senate and House of Representatives. It
is at this moment the existing Government of Rhode Island, both de facto
and dejare^ and is the only government in that State entitled to the protec-
tion of the constitution of the United States.

It is that government which now calls upon the General Government for
its interference; and even if the legal effect of there being an ascertained
majority of unqualified voters against the existing government was as is
contended for by the opposing party; yet, upon their own principle, ought
not that majority, in point of fact, to be clearly ascertained — not by asser-
tion, but by proof, in order to justify the General Government in withdraw-
ing its legal and moral influence to prevent domestic violence?

That a domestic war of the most ferocious character will speedily ensue,
unless prevented by a prompt expression of opinion here, cannot be doubted.
In relation to this, we refer to the numerous resolutions passed at meetings

122 Rep. No. 581.

of the friends of the people's constitution, and more especially to the Cun>
berland resolutions, herewith presented, and the affidavits marked — ,and
to repeated expressions of similar reliance upon the judgment of the Chief
Magistrate of the nation.

All which is respectfully submitted by

JOHN WHIPPLE.
JOHN BROWN FRANCIS.
ELISHA R. POTTER.
To his excellency JOHN TYLER,

President of the United States.

No. 35.
The President's letter in reply.

To 1 i is excellency the Governor of Rhode Island:

SIR: Your letter, dated the 4th instant, was handed me on Friday, by
Mr. Whipple, who, in company with Mr. Francis and Mr. Potter, called
upon me on Saturday, and placed rne, both verbally and by writing, in pos-
session of the prominent facts which have led to the present unhappy con-
dition of things in Rhode Island — a state of things which every lover of
peace and good order must deplore. 1 shall not adventure the expression
of an opinion upon those questions of domestic policy which seem to have
given rise to the unfortunate controversies between a portion of the citizens
and the existing government of the State. They are questions of munici-
pal regulation, the adjustment of which belongs exclusively to the people of
Rhode Island, and with which this government can have nothing to do.
For the regulation of my conduct in any interposition which I may be
called upon to make, between the government of a State and any portion
of its citizens who may assail it wiih domestic violence, or may be in ac-
tual insurrection against it, I can only look to the constitution and laws of
the United States, which plainly declare the obligations of the Executive
Department, and leave it no alternative as to the course it shall pursue.

By the fourth section of the fourth article of the constitution of the United
States, it is provided that the United States shall guaranty to every State
in this Union a republican form of government, and shall protect each of
them against invasion ; and on the application of the legislature, or execu-
tive, when the legislature cannot be convened, against domestic violence.
And by the act of Congress approved on the 28th of February, 1795, it is
declared that, in case of an insurrection in any State against the govern-
ment thereof, it shall be lawful for the President of the United States, upon
application of the legislature of such State, or of the -executive, when the
legislature cannot be convened, to call forth such number of the militia of
any other State or States as may be applied for, as he may judge sufficient
to suppress such insurrection. By the third section of the same act, it is
provided that, whenever it may be necessary, in the judgment of the Pre-
sident, to use the military force hereby directed to be called forth, the Pre-
sident shall forthwith, by proclamation, command such insurgents to dis-
perse, and retire peaceably to their respective abodes, within a reasonable
time.

By the act of March 3, 1807, it is provided, « that in all casas of insur-

Rep. No. 581. 123

rection or obstruction to the laws, either of the United States, or any indi-
vidual State or Territory, where it is lawful for the President of the United
Slates to call forth the militia for the purpose of suppressing such insurrec-
tion, or of causing the laws to be duly executed, it shall be lawful for him
to employ, for the sarr.e purposes, such part of the land or naval force of the
United States as shall be judged necessary, having first observed all the
prerequisites of the law in that respect."

This is the first occasion, so far as the Government of a State and its
people are concerned, on which it has become necessary to consider of the
propriety of exercising these high and most important constitutional and
legal funciions. By a careful consideration of the above recited acts of
Congress, your excellency will not fail to see that no power is vested in the
Executive of the United States to anticipate insurrectionary movements
against the government of Rhode Island, so as to sanction the interposition
of the military authority, but that there must be an actual insurrection,
manifested by lawless assemblages of the people, or otherwise, to whom a
proclamation may be addressed, and who may be required to betake them-
selves to their respective abodes. I have, however, to assure your excel-
lency that, should the time arrive (and my fervent prayer is that it may
never come) when an insurrection shall exist against the government of
Rhode Island, and a requisition shall be made upon the Executive of the
United States to furnish that protection which is guarantied to each State
by the constitution and laws, 1 shall not be found to shrink from the per-
formance of a duty which, while it would be the most painful, is at the same
time the most imperative. I have also to say that, in such a contingency,
the Executive could not look into real or supposed defects of the existing
government, in order to ascertain whether some other plan of government
proposed for adoption was better suited to the wants, and more in accord-
ance with the wishes, of any portion of her citizens. To throw the execu-
tive power of this Government into any such controversy, would be to make
the President the armed arbitrator between the people of the different States
and their constituted authorities, and might lead to a usurped power, dan-
gerous alike to the stability of the State governments and the liberties of the
people.

If will be my duty, on the contrary, to respect the requisitions of that gov-
ernment which has been recognised as the existing government of the titate
through all time past, until I shall be advised, in regular manner, that it
has been altered and abolished, and another substituted in its place, by legal
and peaceable proceedings, adopted and pursued by the authorities and peo-
ple of the S'/ate.

Nor can I readily bring myself to believe that any such contingency will
arise as shall render the interference of this Government at all necessary.
The people of the State of Rhode Island have been too long distinguished
for their love of order, and of regular government, to rush into revolution,
in order to obtain a redress of grievances, real or supposed, which a govern-
ment under which their fathers lived in peace would not in due season re-
dress. No portion of her people will be willing to drench her fair fields with
the blood of their own brethren, in order to obtain a redress of Grievances,
which their constituted authorities cannot for any length of time resist, if
properly appealed to by the popular voice. None of them will be willing to
set an example, in the bosom of this Union, of such frightful disorder, such
needless convulsions of society, such danger to life, liberty, and property,

124 Rep. No. 581.

and likely to bring so rmich discredit on the character of popular govern-
ments. My reliance on the virtue, intelligence, and patriotism of her citi-
zens, is great and abiding, and I will not doubt but that a spirit of concilia-
tion will prevail over rash counsels; that all actual grievances will be
promptly redressed by the existing government ; and that another bright ex-
ample will be added to the many already prevailing among the North Amer-
ican republics, of change without revolution, and a redress of grievances
without force or violence.

I tender to your excellency assurances of my high respect and considera-
tion.

JOHN TYLER.

WASHINGTON, April 11, 1842.

No. 36.
Letter from Hon. John Whipple to Governor King.

We transmit to your excellency the letter of the President of the United
States, in reply to yours of the 4th instant, in relation to our revolutionary
movements in Rhode Island. You will observe with pleasure, that the opin-
ion of the President is firm, clear, and decided. It was expressed after a
statement of facts, accompanied by a number of documents from both par-
ties, and is in accordance with the unanimous opinion of the members of
the cabinet, and we believe with that of every member of Congress to whom
the case has been fairly stated.

At the same time, we observe that great and unwearied pains have been
taken by the insurrectionists to forestall public opinion by loading the news-
papers in the different cities with statements so unblushingly false, that we
refer to your excellency the expediency of adopting some mode of giving
publicity to the truth. They represent, in most of the newspapers that have
come under our observation, that the party in favor of the people's constitu-
tion has a large majority of the whole people in its favor, and that a very
small portion of the people have pertinaciously adhered to the old freehold
qualification, thus rendering a peaceable and legal change of government
wholly impracticable. This is their case, as they have caused it to be sta-
ted in most of the cities in the Union. They seek to justify revolution upon
the facts that a majority of the 22,000 voters of the State are in favor of their
constitution, and that there is no other mode of redress than by revolution.

Your excellency well knows that both these statements are wholly false.
That party brought every man to the polls who was in favor of their consti-
tution, in order to vote against the legal constitution, in March last. The
whole number of votes polled against it was 8,600, or thereabouts. It is
well known that at least 1,000 freeholders voted against the legal constitu-
tion, not because they were in favor of the people's constitution, but because,
being opposed to any extension of suffrage, they were against both consti-
tutions. Deduct these 1,000 votes, and there remain but 7,600 in favor of
the people's constitution, or about one third of the voters in the State.

But their case would stand upon no better ground were their majority
clear and undisputed. Nothing but necessity will justify revolution. This
they admit; and therefore thcy'attempt, in their different statements, in va-

Rep. No. 581. 125

rious parts of tho Union, to impress upon the public mind another gross and
malicious falsehood — which is, that the freeholders refuse an extension of the
elective franchise ; whereas every Rhode Island man knows that there is no
substantial difference between the extent of that franchise under the legal
constitution proposed to the people by the convention of freeholder sy and the
extent of the same franchise provided for in the people's constitution. Bath
constitutions admitted every native born white male citizen of the United
States, with no other qualification but residence, to the elective franchise.
The legal constitution required a residence of two years, and the people's a
residence of one year. The legal constitution admitted naturalized foreign-
ers who owned a freehold estate of $134 in value; the people's admitted
them upon one year's residence.

We believe that the citizens of other States will learn, with surprise and
abhorrence, that a party of men, generally, as we believe, orderly and well-
disposed, has been organized in Rhode Island, and made to believe, by a few
selfish and ambitious leaders, belonging some to one and some to the other
of the two political parties, that they are really and truly the majority, and
that they have a right by force to usurp the sovereignty of the State, in or-
der to establish a principle conceded by the constituted authorities, and re-
jected by them, because the boon proceeded from a legal convention, instead
of its being the work of their revolutionary hands.

Under the operation of such principles, no government can exist a single
year. It is not merely revolution, but revolution after all the objects revo-
lution can achieve have been attained. It is a principle not only subversive
of a representative republican government, but fatal to the continuance of a
democracy in any and all its forms of real or fancied perfection.

If a revolution, based upon such principles, should succeed in Rhode
Island, the same sure law offeree will inevitably prostrate every State gov-
ernment in the Union; for there is not a State in the Union in which the
actual grievances of portions of the people are not quite as numerous and
quite as great as those complained of in the State of Rhode Island.

JOHN WHIPPLE,
For the Committee.

To his excellency SAMUEL W. KING,

Governor of Rhode Island.

No. 37.

President Tylers second letter to Governor King.

WASHINGTON CITY, May 7, 1842,

SIR: Your letter of the 4th instant, transmitting resolutions of the Le*
gislature of Rhode Island, informing me that there existed in that State
"certain lawless assemblages of a portion of the people," for the purpose of
subverting the laws and overthrowing the existing government, and calling
upon the Executive "forthwith to interpose the power and authority of th6
United States to suppress such insurrectionary and lawless assemblages, and
to support the existing government and laws, and protect the State from do-
mestic violence," was handed me on yesterday, by Messrs- Randolph and
Potter.

126 Rep. No. 58L

I have to inform your excellency, in reply, that my opinions as to the
duties of this government to protect the Slate of Rhode Island against do-
mestic violence remain unchanged. Yet, from information received by the
Executive since your despatches came to hand, I am led to believe that the
lawless assemblages to which reference is made have already dispersed, and
that the danger of domestic violence is hourly diminishing, if it has not
wholly disappeared. I have with difficulty brought myself, c;t any time, to
believe that violence would be resorted to. or an exigency arise which the
unaided power of the State could not meet ; especially as 1 have, from the
first, felt persuaded that your excellency, as well as others associated with
yourself in the administration of the government, would exhibit a temper
of conciliation, as well as of energy and decision. To the insurgents them-
selves, it ought to be obvious, when the excitement of the moment shall have
passed away, that changes achieved by regular and, if necessary, repeated
appeals to the constituted authorities, in a country so much under the in-
fluence of public opinion, and by recourse to argument and remonstrance,
are more likely to ensure lasting blessings than those accomplished by vio-
lence and bloodshed on one day, and liable to overlhrow by similar agents
on another.

I freely confess that I should experience great reluctance in employing
the military power of this government against any portion of the people ;
but, however painful the duty, 1 have to assure your excellency that, if re-
sistance is made to the execution of the laws of Rhode Island, by such force
as the civil posse shall be unable to overcome, it will be the duty of this
government to enforce the constitutional guarantee — a guarantee given and
adopted mutually by all the original States, of which Rhode Island was one,
and which, in the same way, has been given and adopted by each of the
States since admitted into the Union. And if any exigency of lawless vio-
lence shall actually arise, the Executive Government of the United States,
on the application of your excellency, under the authority of the resolutions
of the legislature already transmitted, will stand ready to succor the author-
ities of the State in their efforts to maintain a due respect for the laws. I
sincerely hope, however, that no such exigency may occur, and that every
citizen of Rhode Island will manifest his love of peace and good order, by
submitting to the laws, and seeking a redress of grievances by other means
than intestine commotions.

I tender to your excellency assurances of my distinguished consideration.

JOHN TYLER.

No. 38,

Act calling convention, June, 1842.
IN GENERAL ASSEMBLY^ June session^ A. D> 1842*

AN ACT to provide for calling a convention of the people of this State^ for the purpose of
forming a new constitution or form of government for the people thereof*

Be it enacted by the General Assembly ds follows ;

SECTION 1. The people of the several towns in this State, and of the
city of Providence, qualified to vote as hereinafter provided; are hereby re*

Rep. No. 581. 127

quested, at the town or ward meetings holden on the last Tuesday of Au-
gust next, to choose so many delegates as they will be severally entitled to
according to the provisions of this act, to attend a convention to be holden
at Newport on the second Monday of September next, to frame a new con-
stitution for this State, either in whole or in part, with full powers for that
purpose.

SEC. 2. A majority of the whole number of delegates which all the
towns and city of Providence are entitled to elect shall constitute a quorum,
who may elect a president, secretaries, and other officers, judge of the
election and qualification of members, punish contempts, and establish such
rules and proceedings as they may deem proper: said convention may ad-
journ to any place they may think proper. Any town or city which may
fail to elect its delegates at the time prescribed, may choose them at any
time before the meeting of the convention, and vacancies from resignations
or otherwise may be filled at any time by a new election.

SEC. 3. The constitution or articles agreed upon by the convention shall
be submitted to those qualified to vote as hereinafter provided, in open town
or ward meetings, to be held on such day or days, and in such time and
manner, as the convention shall direct. The constilution or articles shall
be certified by the president and, secretaries, and with the journal and papers
of the convention, deposited in the office of the Secretary of State, who
shall immediately distribute to the several town and city clerks, in due pro-
portion, five thousand printed copies of the constitution or articles, in
pamphlet form, and also thirty thousand ballots, on one side of which shall
be printed "Constitution (or articles) proposed by the convention holden at
Newport on the second Monday of September, A. D. 1842;" and on the
other side thereof shall be written or printed the word "adopt" on one half
of them, and the word "reject" on the other half. He shall also cause
said constitution or articles to be published in any other manner the conven-
tion may prescribe.

SEC. 4. At said town or ward meetings, every person voting shall have
his name written on the back of his ballot ; and the ballots shall be sealed
up in open town or ward meeting by the clerks, and, with lists of the vo-
ters, be returned to the General Assembly at the next session thereof, who
shall cause the votes to be examined and counted ; and if said constitution
or articles be adopted by a majority of the persons having a right to vote,
the same shall go into operation at such time or times, and in such manner,
as shall be appointed by the convention.

SEC. 5. The delegates to said convention shall be elected upon a basis of
population according to the census of 1840, as follows : every town of not
more than 3,000 inhabitants may elect two delegates ; over 3,000 and not
over 6,000, three delegates; over 6,000 and not over 10,000, four delegates;
over 10,000 and not over 15,000, five delegates; and over 15,000, six dele-
gates.

SEC. 6. In the choice of delegates to said convention, the following de-
scription of persons shall be admitted to vote : All those who are qualified
to vote for general officers by existing laws; and all native male citizens
of the United States, (except Narragansett Indians, convicts, paupers,
persons under guardianship and non compos mentis,) who are of the age
of 21 years and upwards, and who shall have had their permanent resi-
dence or home within this State for the period of three years next prece-
ding their voting, and in the town or city wherein they offer to vote for the

•

128 Eep. No. 581.

period of one year next* preceding such voting, and who shall have had
their names recorded with the town or city clerk of the town or city in which
they shall offer to vote, in proper books to be kept by said town or city clerks
for that purpose, at least ten days before the day of voting. In voting
upon the adoption or rejection of said constitution or articles, in addition to
those who are qualified to vote for general officers by the existing laws, all
those shall be admitted to vote who will be qualified to vote for gemral offi-
cers under the provisions of said constitution or articles, if in force: but
this provision shall not be construed to give to any person a right to vote at
any town or ward meeting held under and by virtue of this act, upon any
other question or questions than the questions herein specifically named.

SEC. 7. The delegates shall receive the same compensation for attendance
as members of the General Assembly, payable upon the certificate of the
secretary.

SEC. 8. A sum not exceeding five hundred dollars is hereby appropriated
for defraying the expenses of said convention, to be paid out of the treasury
to the order of the president thereof.

SEC. 9. It shall be the duty of the town, city, and ward clerks to warn,
according to law, the meetings hereby appointed, and those which may be
ordered by said convention.

SEC. 10. Any fourteen members of the convention (including the presi-
dent, if there be one) shall have full power and authority to compel the at-
tendance of absent members. It shall be the duty of the sheriff of the
county where the convention shall be in session to attend said convention,
and execute the orders thereof.

SEC. 11. Whenever, in any town or ward meeting holden under this
act, any dispute shall arise as to any person's residence, or other qualifica-
tions, the moderator or warden, or person presiding in said meetings, shall
have authority to examine, under oath, the person offering to vote, and
other persons who may be present respecting the same, and decide upon
his qualification, subject to review by the General Assembly.

A true copy— witness : HENRY BO WEN, Secretary.

No. 39.
Amendment of Convention act of June, 1842.

IN CONVENTION, at Newport, Sept. 29, 1842.

Whereas, from the manifest impracticability of ascertaining the precise
number of persons that might have a right to vote on the adoption of any
constitution to be submitted for adoption under the provisions of the act
calling this convention, it is inferable that it is the true intent of said act
that none but those actually voting should be counted ; and whereas there
is an ambiguity in said act in this particular : therefore,

Resolved, That the General Assembly be requested to pass such declara-
tory law as may be deemed necessary for the plainer expression of the in-
tent and meaning of the act aforesaid.

Read and adopted.

THOMAS A. JENCKES, Secretary.

Rep. No. 581. 129

IN GENERAL ASSEMBLY, October session, A. D. 1S42.

AN ACT to amend " An act to provide for calling a convention of the people of this State for
the purpose of forming a new constitution or form of government for the people thereof,"
passed at the June session, A. D. 1842.

Whereas the convention which assembled at Newport on the second
Monday of September last, in pursuance of the provisions of the act afore-
said, have requested this General Assembly to declare the true intent and
construction of a portion of the fourth section of said act : therefore,

Be it enacted by the General Assembly as follows :

If the constitution or articles that may be framed and submitted to the
people under the pro visions of said act, be adopted by a majority of the per-
sons having a right to vote and actually voting upon the question of adopt-
ing the same, the said constitution or articles shall become the supreme law
of the State ; and shall go into operation at such time or times, and in such
manner, as shall be appointed by said convention.
True copy — witness,

HENRY BO WEN, Secretary.

No. 40.

The Constitution of the State of Rhode Island and Providence Planta-
tions, adopted November -, 1842, and now in force.

We, the people of the State of Rhode Island and Providence Plantations,
grateful to Almighty God for the civil and religious liberty which he hath
so long permitted us to enjoy, and looking to Him for a blessing upon our
endeavors to secure and to transmit the same, unimpaired, to succeeding
generations, do ordain and establish this constitution of government.

ARTICLE I.
Declaration of certain constitutional rights and principles.

In order effectually to secure the religious and political freedom estab-
lished by our venerated ancestors, and to preserve the same for our posteri-
ty, we do declare that the essential and unquestionable rights and princi-
ples hereinafter mentioned shall be established, maintained, and preserved,
and shall be of paramount obligation in all legislative, judicial, and execu-
tive proceedings*

SECTION 1.^ In the words of the Father of his country, we declare that
"the basis of bjir political systems is the right of the people to make and
alter their constitutions of government; but that the constitution which at
any time exists, till changed by an explicit and authentic act of the whale
people, is sacredly obligatory upon all."

SEC. 2. All free governments are instituted for the protection, safety, and
happiness of the people. All laws, therefore, should be made for the good
of the whole ; and the burdens of the State ought to be fairly distributed
among its citizens.

SEC. 3. Whereas Almighty God hath created the mind free, and all
9

130 Rep. No. 581.

attempts to influence it by* temporal punishments or burdens, or by civil
incapacitations, tend to beget habits of hypocrisy and meanness : and
whereas a principal object of our venerable ancestors, in their migration to
this country, and their settlement of this State, was, as they expressed it,
to hold forth a lively experiment that a flourishing civil State may stand
and be best maintained witji full liberty in religious concernments: We
therefore declare that no man shall be compelled to frequent or to support
any religious worship, place, or ministry whatever, except in fulfilment of
his own Voluntary contract ; nor enforced, restrained, molested, or burdened
in his body or goods, nor disqualified from holding any office, nor other-
wise suffer, on account of his religious belief; and that every man shall be
free to worship God according to the dictates of his own conscience^ and
to profess, and by argument to maintain, his opinion in matters of religion ;
and that the same shall in nowise diminish, enlarge, or affect his civil ca-
pacity.

SEC. 4. Slavery shall not be permitted in this State.
SEC. 5. Every person within this State ought to find a certain remedy,
by having recourse to the laws, for all injuries or wrongs which he may
receive in his person, property, or character. He ought to obtain right and
justice freely and without purchase, completely and without denial, prompt-
ly and without delay, conformably to the laws.

SEC. 6. The right of the people to be secure in their persons, papers,
and possessions, against unreasonable searches and seizures, shall not be
violated; and no warrant shall issue but on complaint in writing, upon
probable cause, supported by oath or affirmation, and describing as nearly
as may be the place to be searched, and the persons or things to be seized.

SEC. 7. No person shall be held to answer for a capital or other infamous
crime, unless on presentment or indictment by a grand jury, except in cases
of impeachment, or of such offences as are cognizable by a justice of the
peace; or in cases arising in the land or naval forces, or in the militia,
when in actual service in time of war or public danger. No person shall,
after an acquittal, be tried for the same offence.

SEC. 8. Excessive bail shall not be required, nor excessive fines imposed,
nor cruel punishments inflicted; and all punishments ought to be propor-
tioned to the offence.

SEC. 9. All persons imprisoned ought to be bailed by sufficient surety,
unless for offences punishable by death or by imprisonment for life, when
the proof of guilt is evident or the presumption great. The privilege of
the writ of habeas corpus shall not be suspended, unless when in cases of
rebellion or invasion the public safety shall require it; nor ever, without
the authority of the General Assembly.

SEC. 10. In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial by an impartial jury, to be informed of the
nature and cause of the accusation, to be confronted wijh the witnesses
against him, to have compulsory process for obtaining them in his favor,
to have the assistance of counsel in his defence, and shall be at liberty to
speak for himself; nor shall he be deprived of life, liberty, or property, un-
less by the judgment of his peers, or the laws of the land.

SEC. 11. The person of a debtor, when there is not strong presumption
of fraud, ought not to be continued in prison after he shall have delivered
up his property for the benefit of his creditor, in such manner as shall be
-prescribed by law.

Rep. No. 581. 131

SEC. 12. No ex-post-facto law, or law impairing the obligation of con-
tracts, shall be passed.

SEC. 13. No man in a court of common law shall be compelled to give
evidence criminating himself.

SEC. 14. Every man being presumed innocent until he is pronounced
guilty by the law, no act of seventy which is not necessary to secure an
accused person shall be permitted*

SEC. 15. The right of trial by jury shall remain inviolate.

SEC. 16. Private property shall not be taken for public uses without just
compensation.

SEC. 17. The people shnll continue to enjoy and freely exercise all the
rights of fishery, and the privileges of the shore, to which they have been
heretofore entitled under the charter and usages of this State, But no new
right is intended to be granted, nor any existing right impaired, by this
declaration.

SEC. 18. The military shall be held in strict subordination to the civil
authority. And the law martial shall be used and exercised in such cases
only as occasion shall necessarily require,

SEC. 19. No soldier shall be quartered in any house, in time of peace,
without the consent of the owner; nor in time of war, but in manner to
be prescribed by law.

SEC. 20, The liberty of the press being essential to the security of free-
dom in a State, any person may publish his sentiments on any subject, be-
ing responsible for the abuse of that liberty; and in all trials for libel, both
civil and criminal, the truth, unless published from malicious motives, shall
be sufficient defence to the person charged.

SEC. 21. The citizens have a right in a peaceable manner to assemble
for their common good, and to apply to those invested with the powers of
government for redress of grievances, or for other purposes, by petition, ad-
dress, or remonstrance.

SEC. 22. The right of the people to keep and bear arms shall not be in-
fringed.

SEC. 23. The enumeration of the foregoing rights shall not be construed
to impair or deny others retained by the people.

ARTICLE II.
Of the qualification of electors.

SECTION 1. Every male citizen of the United States, of the a^e of twenty-
one years, who has had his residence and home in this State for one year,
•and in the town or city in which he may claim a right to vote six months
next preceding the time of voting, and who is really and truly possessed, in
his own right, of real estate in such town or city, of the value of one hun-
dred and thirty-four dollars over and above all incumbrances, or which
shall rent for seven dollars for annum over and above any rent reserved, or
the interest of any incumbrances thereon, being an estate in fee simple, fee
tail, for the life of any person, or an estate in reversion or remainder, which
qualifies no other person to vote, the conveyance of which estate, if by
deed, shall have been recorded at least ninety days, shall thereafter have a
right to vote in the election of all civil officers, and on all questions in all
legal town or ward meetings, so long as he continues so qualified. And if

132 Rep. No. 581.

any person hereinbefore described shall own any such estate within this
State, out of the town or city in which he resides, he shall have a right to
vote in the election of all general officers, and members of the General As-
sembly, in the town or city in which he shall have had his residence and
home for the term of six months next preceding the electron, upon pro-
ducing a certificate from the clerk of the town or city in which his estate
lies, bearing date within ten. days of the time of his voting, setting forth that
such person has a sufficient estate (herein to qualify him as a voter j and
that the deed, if any, has been recorded ninety days.

SEC. 2. Every [ ] male native citizen of the United States, of the age
of twenty one years, who has had his residence and home in this State two
years, and in the town or city in which he may offer to vote six months
next preceding the time of voting, whose name is registered pursuant to
the act calling the convention to frame this constitution, or shall be regis-
tered in the office of the clerk of such town or city at least seven days be-
fore the time he shall offer to vote, and before the last day of December in
the present year, and who has paid or shall pay a tax or taxes assessed upon
his estate within this State, and within a year of the time of voting, to the
amount of one dollar, or who shall voluntarily pay at least seven days be-
fore the time he shall offer to vote, and before said last day of December, to
the clerk or treasurer of the town or city where he resides, the sum of one
dollar, or such sum as, with his other taxes, shall amount to one dollar, for
the support of public schools therein, and shall make proof of the same, by
the certificate of the clerk, treasurer, or collector of any town or city where
such payment is made ; or who, being so registered, has been enrolled in
any military company in this State, and done military service or duty
therein, within the present year, pursuant to law, and shall (until other
proof is required by law) prove by the certificate of the officer legally com-
manding the regiment, or chartered or legally authorized volunteer com-
pany, in which he may have served or done duty, that he has been equip-
ped and done duty according to law, or, by the certificate of the commis-
sioners upon military claims that he has performed military service, shall
have a right to vote in the election of all civil officers, and on all questions
in all legally organized town or ward meetings, until the end of the first
year after the adoption of this constitution, or until the end of the year
eighteen hundred and forty three.

From and after that time, every such citizen who has had the residence
herein required, and whose name shall be registered in the town where he
resides on or before the last day of December, in the year next preceding
the time of his voting, and who shall show, by legal proof, that he has, for
and within the year next preceding the time he shall offer to vote, paid a
tax or taxes assessed against him in any town or city in this State, to the
amount of one dollar, or that he has been enrolled in a military company
in this State, been equipped and done duty therein according to law, and
at least for one day during such year, shall have a right to vote in the elec-
tion of all civil officers, and on all questions in all legally organized town
or ward meetings : Provided, That no person shall at any time be allowed
to vote in the election of the city council of the city of Providence, or upon
any proposition to impose a tax, or for the expenditure of money in any
town or city, unless he shall, within the year next preceding, have paid a
tax assessed upon his property therein, valued at least at one hundred and
thirty four dollars.

Rep, No. 581. 133

SEC. 3. The assessors of each town or city shall annually assess upon
every person whose name shall be registered, a tax of one dollar, or such
sum as with his other taxes shall amount to one dollar ; which registry tax
shall he paid into the treasury of-such town or city, and be applied to the
support of public schools therein. But no compulsory process shall issue
for the collection of any registry tax : Provided^ That the registry tax of
-every person who has performed military duty according to the provisions
of the preceding section, shall be remitted for the year he shall perform
such duty; and the registry tax assessed upon any manner, for any year
while he is at sea, shall, upon his application, be remitted ; and no person
shall be allowed to vote whose registry tax, for either of the two years next
preceding the time of voting, is1 not paid or remitted as herein provided.

SEC. 4. No person in the military, naval, marine, or any other service of
the United States, shall be considered as having the required residence by
reason of being employed in any garrison, barrack, or military or naval
station in this State ; and no pauper, lunatic, person non compos mentis,
person under guardianship, or member of the Narragansett tribe of Indians,
shall be permitted to be registered or to vote. Nor shall any person con-
victed of bribery, or of any crime deemed infamous at common law, be per-
mitted to exercise that privilege, until he be expressly restored thereto by
act of the General Assembly.

SEC. 5. Persons residing on lands ceded by this State to the United States
shall not be entitled to exercise the privilege of electors.

SKC. 6. The General Assembly shall have full power to provide for a
registry of voters, to prescribe the manner of conducting the elections, the
form of certificates, the nature of the evidence to be required in case of a
dispute as to the right of any person to vote, and generally to enact all laws
necessary to carry this article into effect, and to prevent abuse, corruption,
and fraud in voting.

ARTICLE III.

Of the distribution of powers.

The powers of government shall be distributed into three departments—
the legislative, executive, and judicial

ARTICLE IV.
Of the legislative power*

SECTION I. This constitution shall be the supreme law of the State, and
any law inconsistent therewith shall be void. The General Assembly shall
pass all laws necessary to carry this constitution into effect.

SEC. 2. The legislative power under this constitution shall be vested in
two houses — the one to be called the Senate, the other the House of Repre-
sentatives ; and both together, the General Assembly. The concurrence of
the two houses shaH be necessary to the enactment of laws. The style of
their laws shall l»e, It is enacted hy the General Assembly as follows.

SEC. 3. There shall be two sessions of the General Assembly holden an-
nually— one at Newport, on the first Tuesday of May, for the purposes of
election and other business ; the other on the 'Jast Monday of October,
which last session shall be holden at South Kingstown once in two years,

134 Rep. No. 581.

and the intermediate years alternately at Bristol and East Greenwich ; and
an adjournment from the October session shall be holden annually at Prov-
idence.

SEC. 4. No member of the General Assembly shall take any fee, or be of
counsel in any case pending before either house of the General Assembly,
under penalty of forfeiting his seat, upon proof thereof to the satisfaction
of the house of which he is a member.

SEC. 5. The person of every member of the General Assembly shall be
exempt from arrest, and his estate from attachment in any civil action,
during the session of the General Assembly, and two days before the com-
mencement, and two days after the termination thereoi ; and all process
served contrary hereto shall be void. For any speech in debate, in either
house, no member shall be questioned in any other place.

SEC. 6. Each house shall be the judge of the elections and qualifications
of its members, and a majority shall constitute a quorum to do business ;
but a smaller number may adjourn from day to day, and may compel the
attendance of absent members, in such manner and under such penalties
as may be prescribed by such house, or by law. The organization of the
two houses may be regulated by law, subject to the limitations contained in
this constitution.

SEC. 7. Each house may determine its rules of proceeding, punish con*
tempts, punish its members for disorderly behavior, and. with the concur-
rence of two thirds, expel a member j but not a second time for the same
cause.

SEC. 8. Each house shall keep a journal of its proceedings. The yeas
and nays of the members of either house shall, at the desire of one fifth of
those present, be entered on the journal.

SEC. 9. Neither house shall, during a session, without the consent of the
other, adjourn for more than two days, nor to any other place than that in
which they may be sitting.

SEC. 10. The General Assembly shall continue to exercise the powers
they have heretofore exercised, unless prohibited in this constitution.

SEC. 11. The senators and representatives shall receive the sum of one
dollar for every day of attendance, and eight cents per mile for travelling
expenses in going to and returning from the General Assembly. The
General Assembly shall regulate the compensation of the governor and all
other officers, subject to the limitations contained in this constitution.

SEC. 12. All lotteries shall hereafter be prohibited in this State, except
those already authorized by the General Assembly.

SKC. 13. The General Assembly shall have no power hereafter, without
the express consent of the people, to incur State debts to an amount exceed-
ing fifty thousand dollars, except in time of war, or in ease of insurrection
or invasion ; nor shall they in any case, without such consent, pledge the
faith of the State for the payment of the obligations of others. This section
shall not be construed to refer to any money that may be deposited with this
State by the Government of the United States.

SEC. 14. The assent of two thirds of the members elected to each house
of the General Assembly shall be required to every bill appropriating the
public money or property for local or private purposes.

SEC. 15. The General Assembly shall, from lime to time, provide for ma-
king new valuations of property for the assessment of taxes, in such manner
.as they may deem best. A new estimate of such property shall be taken

Rep. No. 581. 135

before the first direct State tax after the adoption of this constitution shall
be assessed.

SKC. 16. The General Assembly may provide by law for the continuance
in office of any officers of annual election or appointment, until other per-
sons are qualified to take their places.

SEC. 17. Hereafter, when any bill shall be presented to either house of
the General Assembly, to create a corporation for any other than for reli-
gious, literary, or charitable purposes, or for a military or fire company, it
shall be continued until another election of members of the General Assem-
bly shall have ta'ceu plac^; an 1 such public notice of the pendency thereof
shall be given as may be required by law.

SEC. 18. It shall be the duty of the two houses, upon the request of
either, to join in grand committee (or the purpose of electing Senators in
Congress, at such times, and in such manner, as may be prescribed by law
for said elections.

ARTICLE V.
Of the House of Representatives.

SECTION 1. The House of Representatives shall never exceed seventy,
two members, and shall be constituted on the basis of population, always
allowing one representative for a fraction exceeding half the ratio ; but
each town or city shall always be entitled to at least one member ; and no
town or city shall have more than one-sixth of the whole number of mem-
bers to which the House is hereby limited. The present ratio shall be one
representative to every fifteen hundred and thirty inhabitants; and the
General Assembly may, after any new census taken by the authority of the
United States or of this State, re apportion the representation by altering
the ratio; but no town or city shall be divided into districts for the cheice
of representatives.

SKC. 2. The House of Representatives shall have authority to elect its
speaker, clerks, and other officers. The senior member from ihe town of
Newport, if any be present, shall preside in the organization of the House.

ARTICLE VI.
Of the Senate.

SECTION I. The Senate shall consist of the lieutenant governor, and of
one senator from each town or city in the State.

SEC. 2. The governor, and, in his absence, the lieutenant governor^
shall preside in the Senate and in grand committee. The presiding officer
of the Senate and grand committee shall have a right to vote in case of
equal division, but not otherwise.

SEC. 3. If, by reason of death, resignation, absence, or other cause, there
be no governor or lieutenant governor present, to preside in the Senate,
the Senate shall elect one of their own members to preside during such ab-
sence or vacancy ; and until such election is made by the Senate, the sec-
retary of state shall preside.

SEC. 4. The secretary of state shall, by virtue of his office, be secretary
of the Senate, unless otherwise provided by law ; and the Senate may elect
such other officers as they may deem necessary.

136 Rep. No. 581.

ARTICLE VII.
Of the executive power.

SECTION 1. The chief executive power of this State shall be vested in a
governor, who, together with a lieutenant governor, shall be annually-
elected by the people.

SEC. 2. The governor shall take care that the laws be faithfully exe-
cuted.

SEC. 3. He shall be captain general and Commander-in-chief of the mil-
itary and naval forces of this State, except when they shall be called into
the service of the United States.

SEC. 4. He shall have power to grant reprieves, after conviction, in all
cases except those of impeachment, until the end of the next session of the
General Assembly.

SEC. 5. He may fill vacancies in office not otherwise provided for by this
constitution or by law, until the same shall be filled by the General Assem-
bly or by the people.

SEC. 6. tn case of disagreement between the two houses of the General
Assembly, respecting the time or place of adjournment, certified to him by
either, he may adjourn them to such time and place as he shall think prop-
er: Provided, That the time of adjournment shall not be extended beyond
the day of the next stated session.

SEC. 7. He may, on extraordinary occasions, convene the General As-
sembly at any town or city in this State, at any time not provided for by
Jaw; and in case of danger from the prevalence of epidemic or contagious
disease in the place in which the General Assembly are by law to meet, or
to which they may have been adjourned, or for other urgent reasons, he
may, by proclamation, convene said Assembly at any other place within
this State.

SEC. 8. All commissions shall be in the name and by authority of the
State of Rhode Island and Providence Plantations, shall be sealed with
the State seal, signed by the governor, and attested by the secretary.

SEC. 9. In case of vacancy in the office of governor, or of his inability
to serve, impeachment, or absence from the State, the lieutenant governor
shall fill the office of governor, and exercise the powers and authority ap-
pertaining thereto, until a governor is qualified to act, or until the office is
filled at the next annual election.

SEC. 10. If the offices of governor and lieutenant governor be both va-
cant, by reason of death, resignation, impeachment, absence, or otherwise,
the person entitled to preside over the Senate for the time being, shall, in
like manner, fill the office of governor during such absence or vacancy.

SEC 11. The compensation of the governor and lieutenant governor
shall be established by law, and shall not be diminished during the term for
which they are elected.

SEC. 12. The duties and powers of the secretary, attorney general, and
general treasurer, shall be the same under this constitution as are now
established, or as, from time to time, may be prescribed by law.

Rep. No. 581. 137

ARTICLE VIII.
Of elections.

SECTION 1. The governor, lieutenant governor, senators, representa-
tives, secretary of state, attorney general, and general treasurer, shall
be elected at the town, city, or ward meetings, to be n olden on the first Wed-
nesday of April, annually ; and shall severally hold their offices for one
year, from the first Tuesday of May next succeeding, and until others are
legally chosen and duly qualified to fill their places. If elected or quali-
fied after the said first Tuesday of May, they shall hold their offices for the
remainder of the political year, and until their successors are qualified to
act.

SEC. 2. The voting for governor, lieutenant governor, secretary of
state, attorney general, general treasurer, and representatives to Con-
gress, shall be by ballot; senators and representatives to the General As-
sembly, and town or city officers, shall be chosen by ballot, on demand of
any seven persons entitled to vote for the same ; and in all cases where an
election is made by ballot, or paper vote, the manner of balloting shall be
the same as is now required in voting for general officers, until otherwise
prescribed by law.

SEC. 3. The names of the persons voted for as governor, lieutenant
governor, secretary of state, attorney general, and general treasurer,
shall be placed upon one ticket; and all votes for these officers shall, in
open town or ward meetings, be sealed up by the moderators and town
clerks, and by the wardens and ward clerks, who shall certify the same, and
deliver or send them to the secretary of state, whose duty it shall be se-
curely to keep and deliver the same to the grand committee after the or-
ganization of the two houses at the annual May session ; and it shall be
the duty of the two houses, at said session, after their organization, upon
the request of either house, to join in grand committee, for the purpose of
counting and declaring said votes, and of electing other officers.

SEC. 4. The town and ward clerks shall also keep a correct list or regis-
ter of all persons voting for general officers, and shall transmit a copy
thereof to the General Assembly on or before the first day of said May
session.

SEC. 5. The ballots for senators and representatives in the several towns
shall, in each case, after the polls are declared to be closed, be counted by
the moderator, who shall announce the result, and the clerk shall give cer-
tificates to the persons elected. If in any case th^re be no election, the
polls may be re opened, and the like proceedings shall be had until an elec-
tion shall take place: Provided^ however -, That an adjournment or adjourn-
ments of the election may be made to a time not exceeding seven days from
the first meeting.

SEC. 6. In the city of Providence, the polls for senator and representa-
tives shall be kept open during the whole lime of voting for the day, and
the votes in the several wards shall be sealed up at the close of the meeting
by the wardens and ward clerks in «pen ward meeting, and afterwards de-
livered 10 the city clerk. The mayor and aldermen shall proceed to count
said votes within two days from the day of election ; and if no election of
senator and representatives, or if an election of only a portion of the
representatives shall have taken place} the mayor and aldermen shall order

138 Rep. No. 581.

a new election, to be held not more than ten days from the day of the first
election, and so on until the election shall be completed. Certificates of
election shall be furnished by the city clerk to the persons chosen.

SEC. 7. If no person shall have a majority of votes for governor, it shall
be the duty of the grand committee to elect one by ballot from the two per-
sons having the highest number of votes for the office, except when such a
result is produced by rejecting the entire vote of any town, city, or ward,
for informality or illegality; in which case, a new election by the electors
throughout the State shall be ordered ; and in case no person shall have a
majority of votes for lieutenant governor, it shall be the duty of the grand
committee to elect one by ballot from the two persons having the highest
number of voles for the office.

SEC. 8. In case an election of the 3ecretary of state, attorney general,
or general treasurer should fail to be made by the electors at the annual
election, the vacancy or vacancies shall be filleid by the General Assembly,
in grand committee, from the two candidates for such office having the
greatest number of the votes of the electors. Or in ease of a vacancy in
either of said offices from other causes, between the sessions of the General
Assembly, the governor shall appoint some person to fill the same until a
successor elected by the General Assembly is qualified to act; and in such
case, and also in all other cases of vacancies not otherwise provided for,
the General Assembly may fill the same in any manner they may deem
proper.

SEC. 9. Vacancies from any cause in the Senate or House of Represent-
atives may be filled by a new election.

SEC. 10. In all elections held by the people under this constitution, a
majority of all the electors voting shall be necessary to the election of the
persons voted for.

ARTICLE IX.
Of qualifications for office.

SECTION 1. No person shall be eligible to any civil office, (except the
office of school committee,) unless he be a qualified elector for such office.

SEC. 2. Every person shall be disqualified from holding any office to
which he may have been elected, if he be convicted of having offered, or
procured any other person to offer, any bribe to secure his election, or the
election of any other person.

SEC 3. All general officers shall take the following engagement before

they act in their respective offices, to wit : You, , being by the free

vote of the electors of this State of Rhode Island and Providence Planta-
tions, elected unto the place of , do solemnly swear (or affirm) to be

true and faithful unto this State, and to support the constitution of this
State and of the United States; that you will faithfully arid impartially
discharge all the duties of your aforesaid office to the best of your abilities,
according to law : so help you God. Or, this affirmation you make and
give upon the peril of the penalty of perjury.

SKC. 4. The members of the General Assembly, the judges of all the
courts, arid all other officers, both civil and military, shall be bound by oath
or affirmation to support this constitution, and the constitution of the United
States.

Rep. No. 581. 139

SKC. 5. The oath, or affirmation, shall be administered to the governor,
lieutenant governor, senators, and representatives, by the secretary of
state, or, in his absence, by the attorney general. The secretary of slate,
attorney general, and general treasurer, shall be engaged by the gover-
nor, or by a justice of the supreme court.

SEC. 6. No person holding any office under the government of the United
States, or of any other State or country, shall act as a general officer, or as
a member of the General Assembly, unless, at the time of taking his en-
gagement, he shall have resigned his office under such government.
And if any general officer, senator, representative, or judge, shall, after his
election and engagement, accept any appointment under any other govern-
ment, his office, under this shall be immediately vacated ; but this restric-
tion shall not apply to any person appointed to take depositions or acknowl-
edgments of deeds, or other legal instruments, by the authority of any other
State or country.

ARTICLE X.
Of the judicial power.

SECTION I. The judicial power of this State shall be vested in one
supreme court, and in such inferior courts as the General Assembly may,
from time to time, ordain and establish.

SKC. 2. The several courts shall have such jurisdiction as may, from
time to time, be prescribed by law. Chancery powers may be conferred on
the supreme court, but on no other court, to any greater extent than is now
provided by law.

SEC. 3. The judges of the supreme court shall, in all trials, instruct the
jury in the law. They shall also give their written opinion upon any
question of law, whenever requested by the governor, or by either house
of the General Assembly.

SEC. 4. The .judges of the supreme court shall be elected by the two
houses in grand committee. Each judge shall hold his office until his
place be declared vacant by a resolution of the General Assembly to that
effect; which resolution shall be voted for by a majority Of all the members
elected to the house in which it may originate, and be concurred in by the
same majority of the other house. Such resolution shall not be entertained
at any other than the annual session for the election of public officers ; and,
in default of the passage thereof at said session, the judge shall hold his
place as herein provided. But a judge of any court shall be removed from
office, if, upon impeachment, he shall be found guilty of any official misde-
meanor.

SEC. 5. In case of vacancy by death, resignation, removal from the State
or from office, refusal or inability to serve, of any judge of the supreme
court, the office may be filled by the grand committee, until the next an-
nual election, and the judge then elected shall hold his office as before pro-
vided. In cases of impeachment, or temporary absence or inabilityr the
governor may appoint a person to discharge the duties of the office during
the vacancy caused thereby.

SEC. 6. The judges of the supreme court shall receive a compensation
for their services, which shall not be diminished during their continuance
in office.

140 Rep. No. 581.

SEC. 7. The towns of New Shoreham and Jamestown may continue to
elect their wardens as heretofore. The other towns, and the city of Provi-
dence, may elect such number of justices of the peace, resident therein, as
they may deem proper. The jurisdiction of said justices and wardens shall
be regulated by law. The justices shall be commissioned by the governor.

ARTICLE XI.
Of impeachments.

SECTION 1. The House of Representatives shall have the sole power of
impeachment. A vote of two-thirds of all the members elected shall be re-
quired for an impeachment of the governor. Any officer impeached shall
thereby be suspended from office until judgment in the case shall have been
pronounced.

SEC. 2. All impeachments shall be tried by the Senate ; and, when sitting
for that purpose, they shall be under oath or affirmation. No person shall
be convicted, except by vote of two thirds of the members elected. When
•the Governor is impeached, the chief or presiding justice of the supreme
court, for the time being, shall preside, with a casting vote in all prelimi-
nary questions.

SEC. 3. The governor, and all other executive and judicial officers, shall
be liable to impeachment ; but judgment in such cases shall not extend fur-
ther than to removal from office. The person convicted shall, nevertheless,
be liable to indictment, trial, and punishment, according to law.

ARTICLE XII
Of education.

SECTION 1. The diffusion of knowledge, as well as of virtue, among the
people, being essential to the preservation of their rights and liberties, it
shall be the duty of the General Assembly to promote public schools, and
to adopt all means which they may deem necessary and proper to secure to
the people the advantages and opportunities of education.

SEC. 2. The money which now is, or which may hereafter be, appro-
priated by law for the establishment of a permanent fund for the support of
public schools, shall be securely invested, and remain a perpetual fund for
that purpose.

SEC. 3. All donations for the support of public schools, or for other pur-
poses of education, which may be received by the General Assembly, shall
be applied according to the terms prescribed by the donors.

SEC. 4. The General Assembly shall make all necessary provisions by
law for carrying this article into effect. They shall riot divert said money,
or fund, from the aforesaid uses; nor borrow, appropriate, or use the same,
or any part thereof, for any other purpose, under any pretence whatsoever.

ARTICLE XIII.
Of amendments.

The General Assembly may propose amendments to this constitution by
the votes of a majority of all the members elected to each house. Such
propositions for amendment shall be published in the newspapers, and print-
ed copies of them shall be sent to the secretary of state, with the names of
all the members who shall have voted thereon, with the yeas and nays, to
all the town arid city clerks in the State. The said propositions shall be,

Rep No. 581. 141

by said clerks, inserted in the warrants or notices by them issued, for warn-
ing the next annual town and ward meetings in April ; and the clerks shall
read said propositions to the electors when thus assembled, with the names
of all the representatives and senators who shall have voted thereon, with
the yeas and nays, before the election of senators and representatives shall
be had. If a majority of all the members elected to each house, at said
annual meeting;, shall approve any proposition thus made, the same shall
be published and submitted to the electors in the mode provided in the act
of approval ; and if then approved by three fifths of the electors of the Slate
present, and voting thereon in town and ward meetings, it shall become a
part of the constitution of the State.

ARTICLE XIV.
Of the adoption of this constitution.

SECTION 1. This constitution, if adopted, shall go into operation on the
first Tuesday of May, in the year one thousand eight hundred and forty-
three. The first election of governor, lieutenant governor, secretary of
state, attorney general, and general treasurer, and of senators and rep-
resentatives under said constitution, shall be had on the first Wednesday of
April next preceding, by the electors qualified under said constitution ; and
the town and ward meetings therefor shall be warned and conducted as is
now provided by law. Alf civil and military officers now elected, or who
shall be hereafter elected, by the General Assembly, or other competent au-
thority, before the said first Wednesday of April, shall hold theiroffices, and
may exercise their powers, until the said first Tuesday of May, or until
their successors shall be qualified to act. All statutes, public and private,
not repugnant to this constitution, shall continue in force until they expire
by their own limitation, or are repealed by the General Assembly. All char-
ters, contracts, judgments, actions, and rights of action, shall be as valid as
if this constitution had not been made. The present government shall ex-
ercise all the powers with which it is now clothed, until the said first Tues-
day of May, one thousand eight hundred and forty-three, and until thegov-
ernm3iit under this constitution is duly organized.

SEC. 2. All debts contracted, and engagements entered into, before the
adoption of this constitution, shall be as valid against the State as if this
constitution had not been adopted.

SEC. 3. The supreme court, established by this constitution, shall have
the same jurisdiction as the supreme judicial court at present established ;
and shall have jurisdiction of all causes which may be appealed to, or pend-
ing in the same ; and shall be held at the same times and places, and in
each county, as the present supreme judicial court, until otherwise pre-
scribed by the General Assembly.

SEC. 4. The towns of New Shoreham and Jamestown shall continue to
enjoy the exemptions from military duty which they now enjoy, until other-
wise prescribed by law.

Done in convention at East Greenwich, this fifth day of November,
1842.

JAMES FENNER, President.

HENRY Y. CRANSTON, Vice President.

THOMAS A. JENCKES,

WALTER W. UPDIKE,

142 Rep. No. 681.

STATE OP RHODE *SLAND AND PROVIDENCE PLANTATIONS,

In Convention, November 5, A. D. 1842.

Resolved, That the constitution framed by this convention be certified
by the officers thereof, and, with the journal and papers of the convention,
be deposited in the office of the secretary of state, who shall cause said
constitution, together with this resolution, and all acts and resolutions of the
General Assembly relating to this convention, to be printed and distributed
according to law ; and that said constitution be submitted to all the people
who may be by law authorized to vote thereon, for their ratification or re*
jection, at town or ward meetings to be holden in the several towns and in
the city of Providence, on Monday, Tuesday, and Wednesday, the 21st,
22d, and 23d days of November, A. D. 1842. The several town and city
clerks shall issue the necessary warrants for said meetings. Said meetings
shall be kept open for the reception of votes during the time herein speci-
fied, and longer if necessary, viz : from the hour of 9 o'clock in the forenoon
until 4 o'clock in the afternoon ; and in the town of Newport and city of
Providence, until 7 o'clock in the evening on the days appointed.

In the first line of the second section of article second, relating to the
qualification of electors, when the constitution is enrolled, there shall be a
blank space left between the words every and male; and at the meetings
hereinbefore appointed for voting upon the constitution, the following ques-
tion shall also be separately submitted, to be voted upon by those who may
be authorized to vote for or against said constitution, viz: " [n case the con-
stitution framed by the convention assembled at Newport in September,
1842, be adopted, shall the blank in the first line of section second of article
second of said constitution be filled by the word white?" arid a sufficient
number of affirmative and negative ballots for this purpose shall be printed
and distributed by the secretary. And in case said constitution be adopted,
and there shall also be a majority of votes in favor of filling said blank with
said word white, the General Assembly shall cause the blank to be so filled,
and the same shall be a part of said constitution, in the same manner as if
originally inserted therein by this convention. But if there be a majority
of votes against filling said blank as aforesaid, the constitution shall be
printed without said blank. And if said constitution be not adopted, the
vote taken in relation to said word white shall be of no effect. And the
town and ward clerks shall keep separate lists of the votes of all colored
persons under the second section of the article on the qualifications of elec-
tors, who may vote on the question of the adoption of the constitution, and
also on the question of the insertion of the word white in said section ; and
these ballots shall be placed in separate parcels 'in the sealed packages of
ballots, to be returned by the town and ward clerks to the General As-
sembly.

The ballots upon the adoption of said constitution, and also upon the
question in relation to said word white, shall be returned to the next session
of the General Assembly holden after the meetings herein appointed, in
order that they may cause the votes to be counted, and the result declared.

Read and adopted,

THOS. A, JENCKES, Secretary.

Rep. No. 581. 143

VOTES UPON THE CONSTITUTION.

IN GENERAL ASSEMBLY, January session, 1843.

The committee appointed to count the votes on the adoption of the con-
stitution proposed by the convention holden ot Newport on the second
Monday of September, 1842, respectfully report : That the whole number
of electors voting is 7,C91 — of whom 6,777 voted to adopt, 171 voted to
approve, and 59 voted to reject. They further report that said constitu-
tion is adopted by a majority of 7,032 votes.

The committee further report, that the whole number of electors voting
on the question following, submitted to them by said convention, viz : "In
case the constitution framed by the convention assembled at Newport in
September, 1842, be adopted, shall the blank in the first line of section sec-
ond of article second of said constitution be filled by the word white" is
5.829— of whom 1,798 voted in the affirmative, and 4,031 voted in the
negative. They, therefore, report that the majority against filling said
blank wilh the word " white" is 2,233.

In the aggregate number of votes, those of 82 coloured persons are in-
cluded who voted to adopt, and of 2 colored persons who voted to approve.

HENRY Y. CRANSTON,

For the committee.

[NOTE. — The word adopt was the word required to be on the ballots by
the ac't of the legislature. The word approve was in some cases used by
mistake.1]

No. 41.
Resolutions for discontinuing prosecutions and releasing fines*

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,

In General Assembly r, January session^ A. D. 1843.

Resolved^ That the governor and council be, and they hereby are, au-
thorized to discharge from prison or recognisance, and to stay all further
proceedings against, all persons indicted for treason and other offences
against the sovereign power of the State, whom they may think proper
subjects of lenity, upon their taking an oath before the governor and coun-
cil, or some person deputed by them to administer such oath, that they
will bear true faith and allegiance to the State, and the government thereof j
and upon their giving their several bonds to the State,"in such sum as the
governor and council may require, that they will keep the peace and be of
good behavior for the space of twelve months ; and upon such other terms
as said goverrtfcr and council may see fit to impose, as suited to particular
cases: and that the petitions of Caleb Bradley, William T. Olney, Joseph
Gavitt, George T. Nichols, and Sylvester Himes, praying for discharge from
prison and for stay of proceedings against them, for the offences aforesaid,
and the other petitions to the General Assembly, praying for the liberation
and discharge of all persons proceeded against for such offences, be, and the
same hereby are, referred to the governor and council.
True copy. Witness :

HENRY BOWEN, Secretary.

144 Hep. No. 581.

Resolve relating to military fines incurred during the insurrection, passed by the Legislature,

January, A. D. 1843.

Resolved, That the collection of military fines for non-appearance, or
other failures to comply with the regulations of the militia law during the
past year, (except at the trainings "appointed by law,) be suspended until
the further order of the General Assembly.

Resolution relating to prosecutions for treason, &c., passed June, A. D. 1843.

Resolved, That the attorney general, under the advice of his excellency
the governor, be authorized, upon application by them for a discharge from
their indictments, to nolle prosequi such of the indictments now pending be-
fore the supreme court in the several counties in this State, for treason
against the same, or for a violation of any of the provisions of "An act in
relation to offences against the sovereign power of the State," upon such
conditions as in his discretion, under such advice, may be done with safety
to the State and the peace thereof.

Resolution on the same subject, passed October, A. D. 1843,

Resolved, That there shall be no proceedings had upon any complaint
hereafter made against any person charged with treason heretofore' commit-
ted against the State, or with any past offence against the act entitled " An
act in relation to offences against the sovereign power of the State," unless
upon a statement of the case in writing, made to his excellency the gov-
ernor, and with his consent.

Rep. No. 581.

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No. 43.

Charge of the honorable Chief Justice Durfee, delivered to the Grand
Jury at the March term of the Supreme Judicial Court, at Bristol,
Rhode Island, A. D. 1842. Published agreeably to the following re-
quest :

GRAND JURY ROOM, March 15, 1842.

The grand jurors respectfully tender to the honorable supreme judicial
court their thanks for the learned and appropriate charge delivered to the
grand jury this morning, by Mr. Chief Justice Durfee. Relating, as it does,
to a subject upon which there is much diversity of opinion, but which all
admit to be of momentous interest, the jurors think its publication would
be useful at the present time, and do request a copy for the press.

Henry D'Wolf, Thomas Wilson,

Howland Smith, John J. Allin,

Sarnuel Sparks, Jonathan Martin, 2d,

William H. West, Ebenezer Grant,

S. T. Church, Ira B. Kent.

Robert S. Watson,

GENTLEMEN OF THE GRAND JURY:

It is made our duty, by statute, to instruct you in the law relating to
crimes arid offences cognizable by this court, by giving you publicly in
charge our opinion thereon. We are not at liberty to forego this duty, from
any feelings of delicacy towards others, or for any considerations of a per-
sonal nature. A court is but the organ of the law ; and when it speaks, it
should announce what the law is, " without fear, favor, affection, or hope
of reward." 1 use the language of the oath which you have just taken,
gentlemen ; for that oath does as truly express our obligations as a court,
as it does yours as a jury.

The first duty which every person residing within the jurisdiction of this
State owes to it, is that of allegiance. It begins with life — with infancy at
the mother's breast; and if he continue an inhabitant or citizen of the State,
it terminates only with the last breath which delivers the spirit over to its
final account. Allegiance is a duty due on an implied contract — often,
however, sanctioned by an oath, but none the less sacred in the absence
of the oath — that so long as any one receives protection from the State, so
long will he demean himself faithfully, and support the State. All persons,
therefore, abiding within this State, and deriving protection from its laws,
owe this allegiance to it; and all persons passing through it, or visiting or
making temporary stay therein, owe, for the time, allegiance to this State.
One of the highest crimes of which a human being can be guilty, is trea-
son ; and treason necessarily involves a breach of allegiance.

From the following resolutions, and the matters to which they relate,
there seems to be a peculiar necessity for my calling your attention to this
subject at this time ; for, as a court, it is not only our duty to try offences
when committed, but to prevent them, if it can" be done, by making the
.law known.

Those resolutions are in these words :

Rep. No. 581.

«* STATE OP RHODE ISLAND AND PROVIDENCE PLANTATIONS,

"In General Assembly, January session, A. D. 1842.

< Whereas a portion of the people of this State, without the forms of law,
have undertaken to form and establish a constitution of government for the
people of this State, and have declared such constitution to be the supreme
law, and have communicated such constitution unto this General Assembly:
and whereas many of the good people of this State are in danger of being
misled by these informal proceedings; therefore,

" It, is hereby resolved by this General Assembly, That all acts done by
the persons aforesaid, for the purpose of imposing upon this State a con-
stitution, are an assumption of the powers of government, in violation of
the rights of the existing government, and of the rights of the people at
large.

" Resolved, That the convention called and organized, in pursuance of
an act of this General Assembly, for the purpose of forming a constitution
to be submitted to the people of this State, is the only body which we
can recognise as authorized to form such a constitution: and to this consti-
tution the whole people have a right to look, and we are assured they will
not look in vain, for such a form of government as will promote their
peace, security, and happiness.

" Resolved, That this General Assembly will maintain its own proper
authority, and protect and defend the legal and constitutional rights of the
people.

" True copy : — Witness,

« HENRY BOWEN, Secretary:1

Gentlemen, whatever I shall say to you touching these resolutions, and
the proceedings to which they refer, shall be said with the full and entire
concurrence of each member of this court. And it is peculiarly appro-
priate, in a case Iik6 this, that it should be known what the opinion of this
court is; so that no man may become implicated in any oflence against the
State, without a full knowledge of the opinion of this court, as an inde-
pendent branch of the government, in relation to the nature of the offence,
and the law which it violates.

I therefore say to you, that, in the opinion of this court, such a move-
ment as that described in these resolutions, is a movement which can find
no justification in law; that if it be a movement against no law in partic-
ular, it is, nevertheless, a movement against all law ; that it is not a mere
movement for a change of rulers, or for a legal reform in government, but
a movement which, it carried to its consequences, will terminate the exist-
ence of the State itselt as one of the States of this Union. 1 will now give
our reasons for this opinion.

But, gentlemen, in addressing you upon this subject, I know not but that
1 am addressing those who have participated in this movement. If this be
the case, I beg yon, and all others with whom you may have acted, to dis-
tinctly understand me. Whatever language 1 may use to characterize the
movement, it shall be but the language of the law ; it shall mean no im-
peachment of your or their motives. T will concede to you and to them,
if you choose, motives as pure and patriotic, legal attainments and talents
as high, as those of the purest and greatest minds that this State ever
produced ; and still I say, with all proper deference to you and them, that
you have mistaken your duties, and misunderstood your rights. Deem it

148 Eep. No. 581.

• %

not strange that calm lookers-on can see where the error lies, better thaft
those who are engaged in the heat of the movement. When great masses
move, they move under the influence of excited feelings. When the object
is to attain some great political good, real or supposed, the excitement takes
for its law of action some ethereal abstraction, some general theoretic prin-
ciple— -true, perhaps, in its application to certain theoretic conditions of
man, but utterly false in its application to man as he is — and endeavorsf
without regard to present social organizations, to carry that principle to its
utmost consequences. Gentlemen, strong heads and patriotic hearts doubt-
less gave the first impetus to the French revolution -r but does not the pro-
gress and issue of that bloody drama tell us that those abstractions, (in
which they so freely dealt,) whatever might be their theoretic truth, became
false and fiendish in their application ? Do we not know that the very
masses which were engaged in carrying them out, rejoiced when the iron
rule of military despotism came, to deliver them from themselves, and from
the incarnate demons which the movement had conjured up?

Gentlemen, when all men are angels, and of the same order, these ab-
stractions may be true in all their consequences ; but never in their appli-
cation to man as he is.

With this explanation, I proceed to show the illegality of this movement,
and the ruin that it portends. 1 repeat, that, however patriotic may be the
intent, the legal effect of it is the destruction of the present State, and the
construction of a new State out of its ruins.

Gentlemen, what is a State? I ask .not for a poetical definition, but I
ask for a definition which befits a court of law — which may befit the
courts of the Union, in which we must be ultimately judged. Strange as
it may seem, amid all the controversy which this movement has excited,
I have not known this question to be asked, or a definition to be given.
Such have been the jarring and confusion of the social elements, that the
best minds seem to have uttered their thoughts only in fragments. What,
I repeat, is a State? Think ye it is the land and water within certain
geographical lines? The child may tell you so when he points at the
map ; but that is not the State, but only the territory over which the State
has jurisdiction. Think ye it is a mere aggregate of neighborhoods within
those limits? No, gentlemen, there is something wanting to give them
distinctive unity. A mere proximity of habitations never made a State7
anymore than congregated caravans of Arabs when by night they pitch
their tents together in the bosom of the desert. Think ye it is the ag-
gregate of inhabitants within such limits? Never. It would be prepos-
terous to call a mere collection of individuals within certain limits a State.
Regarded as a mere aggregate, they are still without unity, and have
nothing whereby to bind them together, and enable them to act as an 'or-
ganized whole. No treaty can be made with them ; no law can be enacted
by them. Think ye that it is the mere rulers of those who have the legis-
lative and executive power in their hands? This, indeed, comes something
nearer to our idea of a State ; and when we look upon governments abroad,
we may look no farther. But surely this does not make a State here, at
home, under the constitution of the United States. Here, we must not only
find a government, but a people so bound together, colligated and organized
by law, as to appoint rulers, and to reduce the innumerable wills of the
multitude to a legal unit. L think I give you a true description of a State,
when I say that a State is a legally organized people, subsisting as such

Rep. No. 581. 149

from generation to generation, without end, giving, through the forms of
law, the wills of the many to hecome .one sovereign will. It is a body
politic, qualified to subsist by perpetual succession and accession. It is a
self subsistent corporation, resting upon its own centre; and it is, under the
constituiion of the United States, bound, to a certain extent, in its entirety
and in all its constituent individual elements, to that common central body
politic, which is the corporate people of the Union, or body politic of States,
whichever it may be. There is, and, from the nature of things, there can
be, no sovereign people without law — without that unity which the la\v
gives them, whereby they are enabled to act .as one ; and consequently
there can be no sovereign will, that is not expressed through the forrns of
their corporate existence.

Now, can there be a doubt that this is a true definition or description of
a State, and that it applies to this State us one of the States of the Union ?
Lest there should be a lingering doubt in some reluctant mind, I will verify
this definition from the history of the State itself.

The first charter of this State was granted in 1643. It incorporated
Providence, Portsmouth, and Newport, under the name of the incorporation
of Providence Plantations, in Narragansett^Bay in New England. War-
wick was subsequently admitted. It was tnen that the inhabitants of this
State first became a corporate people, but dependent on the mother coun-
try. In 1660 this corporate people, by their agents, petitioned their sov-
ereign for a new charter. On this petition the charter in our statute books
was granted, and, by the same corporate people, in November, 16(53, accept-
ed as their charter or form of government This charter declared that cer-
tain persons named therein, and such as then were, or should thereafter be
made free of the company, a body corporate and politic, in fact and name,
by the name of the Governor arid Company of Rhode Island and Provi-
dence Plantations in New England, in America, and by the same name
that they and their successors should have perpetual succession. Now, here
was a corporation, and the freemen constituting: it continued their corporate
existence, subsisting by succession, still dependent upon the parent govern-
ment, exercising the powers in the charter granted, holding property of all
sorts as a corporate people down to the Revolution. It was then that those
aggressions and claims of the King of Great Britain, which are set forth in
the declaration of independence, and which were enforced or attempted to be
enforced by the bayonet, threw this corporate people upon the natural rights
of self preservation. They resisted as a corporate people. It was in the
prosecution of this justifiable defence, that this corporate people found it
necessary to cut the bonds \vhich bound it to the mother country. It did so.
It was its own act, performed by its delegation in Congress, by its legisla-
tive body, and by the corporate people itself, in every legal form in which
it could act. It was this act, and this alone, that made us a self subsistent
corporation, body politic, or State. It was this people, acting in its corporate
capacity, or by its members, as members, through prescribed forms, that
subsequently adopted the constitution of the United States, whereby this
State became a member of the Union, and its citizens citizens of the United
States.

Does not the history of this State, gentlemen, verify the definition which
I have given? Is a State anything but a self-subsistent body politic and
corporate, designed to continue its existence, by succession and accession,
through all time ? If it be anything else, I neither know nor can conceive

150 Rep. No. 581.

what it is. But if it be this, whatever there is of sovereignty must be
found in the body politic and corporate, and nowhere else.

But it has been lately said by some whose opinions are entitled to great
respect, that, on the separation from the parent government, a subsequent
assent of the natural people was necessary to continue the sovereign power
it) the corporate people, and that all right in the latter to govern ceased and
passed to the aggregate, unorganized mass of individuals. Gentlemen, this
cannot be so. The act of separation was the act of the corporate people*
and all that was acquired by that act, was acquired by the corporate people,
and could be acquired by none but a corporate people. None bat a corpo-
rate people has the capacity to receive and exercise sovereignty. The nat-
ural people have not the capacity to inheritor succeed to sovereignty,,
though they may create it by compact, all being parties ; or by force, where
there is no superior power to impose restraint. A sovereign 'will is a nnitr
is a mere legal entity; it has nowhere, in any civilized country, any ex-
istence independent of law. In the constitutional monarchies of Europe, it
has a mere legal existence ; hence the legal maxim in England, that the
sovereign never dies, and can do no wrong. The moment that the sovereign
will ceases to be a legal will, arai becomes a mere personal will, you have
nothing but a master and a body of slaves ; you have no State at all, but
only the semblance of one.

The sovereign will is a unit. The moment you divide it, you destroy
it; and could such a unit pass-to thousands of individuals, isolated, indepen-
dent, and bound together by no common law, as the natural state supposes,,
and still continue to exist as a unit, as a one, sovereign will 1 Never, gen-
tlemen ; to pass it to the unorganized mass, is to destroy it. And how fal-
lacious the idea that the sages of seventy six annihilated, reduced to nothing-
ness, the sovereignty of every State of this Union, in and by the very act
which declared them sovereign and independent ! What became of the
confederation ? What became of the Congress that made the declaration?

Truly, gentlemen, some strange infatuation has seized upon the age, if we
can believe that, when the Congress of seventy six declared these colonies
(in the words of the declaration) free and independent States, and that they
had full power to levy war, conclude peace, contract alliances, establish com-
merce, and to do all other things which independent States might of ri^ht
do, — that, at that very moment, every one of these States ceased to exist, and
crumbled into their natural elements. No, gentlemen, our fathers under-
stood themselves better than their children appear to understand them.
Well may we humble ourselves in the presence of their memory, when we
find such strange hallucinations seizing upon the wisest and best of us.

They have made large demands upon the admiration of their children ;
let us take care we do not make demands, equally large, upon the pity of*
curs. Gentlemen, the definition is correct ; it is true to history ; and it is
true to the declaration of independence • and it is true to the constitution
of the United States, which, according to its intent, this State, as a corporate
people, adopted by its convention.

Gentlemen, let us not deceive ourselves by the various forms which this
sovereignty puts on, to carry its will into effect. The government in all its-
departments, legislative, executive, and judicial, is but the exterior form
which this sovereignty puts on, in order to preserve itself and to exercise
jurisdiction over its peculiar territory, and all persons and things within it.
It is in this way th'at it extends protection to the whole people, and to every-

Kep No. 581. 151

individual man, woman, and child within its jurisdiction, and makes them
all one with the corporate people, except in the mere exercise of the right of
voting. I have recently heard the phrases " the legal people," "the physi-
cal people," repeated by those whose opinions are entitled to respect, as if
there was a distinction b< tween them. Gentlemen, we are all the legal peo-
ple— we are all the physical people. Every man, woman, and child, not of
foreign birth, domiciled within this State, is a citizen of this State, and for
that reason also a citizen of the United States. Every man, woman, and
child has the protection and benefit of all its laws, without distinction ; and,
for that reason, every one owes it allegiance and fidelity. No one within
this jurisdiction can lawfully renounce this allegiance, and transfer it to an-
other sovereignty, whether created within this State's jurisdiction or else-
where. For this reason, each one and all are the legal people of this State,
arid are so regarded both by the laws of this State and the laws of the Uni-
ted States. We cannot recognise the distinction as having any just found-
ation in fact or law. The error lies in the misapplication of language. It
is apparent that what they mean, who use the phrase "legal people," is the
corporate people. By thus limiting a large and comprehensive phrase, a
confusion of ideas is produced, and nothing indistinctly seen. The language
seems to imply that all who are not the legal people, in this limited sense,
are the illegal people, or people without law and in the natural state, and
entitled, therefore, to rely on their physical force; nnd this idea seems to be
strengthened and confirmed by denominating them the physical people.
We may all have misapplied these phrases. I myself may have misapplied
them, for I make no pretensions to being better or wiser than others. But
if we have misapplied them, let us misapply them no longer; let us recol-
lect that the legal people and the physical people are the same great whole.

But, gentlemen, if it be true that the corporate people are the sovereign
people, and the forms of government but the instruments of its will — what
follows? Why, the moment that the corporate people ceases to exist as such,
everything is resolved into its natural elements. This corporate people,
whilst it exists, may, of its own will, and through the forms of Taw, which
it prescribes by its legislature, put on as many different forms of government,
not conflicting with the constitution of the Union, as it chooses, its power for
that purpose is ample, unquestionable. It may change its form as thorough-
ly and as often as the fabled Proteus ; it may extend the right of suffrage to
every ma,n, woman, and child ; and still remain the same legal entity, the
same State. But the moment the corporate people of Rhode Island cease to
exist as such, whether by force, fraud, or voluntary d«ath, corporate Rhode
Island herself ceases to exist — the State is gone. Yes, one of the good old
thirteen is gone forever. You may close the grave upon her; you may
write "hicjacet" upon her tomb; she lives only in history.

It may be asked whether the natural people have not their natural rights,
and whether one of these is not the right, of establishing a government of
their own. I answer, that if we grant you that the people have a right to
violate their allegiance, resolve themselves into the supposed natural con-
dition of man, and to establish anew State and government; and if we even
admit that it has already in this particular instance, been done — it does not at
all relieve us, under the constitution of the United States, from the appalling
fact that the old State has ceased to exist, and that the new State is not a
member of tin's Union. We, as the natural people, have accomplished a revo-
lution, in which we have originated a new sovereignty, which utterly dis-

152 Kep. No. 581.

claims all connexion with that corporate Rhode Island which uttered the
declaration of independence and adopted the constitution. And how can
we claim to take her place? How can we, as citizens of such a State, he
citizens of the United States?

I have heard much, of late, about the right of revolution ; and there is no
doubt but that, in those cases where a people, by the oppression and violence
of their rulers, are thrpwn upon the natural right of self preservation, this
right exists, may be exercised, and a revolution be justified. But, however
justifiable it may be, we should always recollect that, if it be revolution, it
is revolution, and nothing but revolution. There is no possibility of ma-
king it half revolution and half not. If you resort to revolution, you must
adopt it with all its consequences, be they never so calamitous. These
calculations are to be made at the commencement of it, and weighed against
the evils which it is proposed to remedy.

Thus, gentlemen, if everything be conceded that we can ask for — if it be
conceded that we have quietly put down the present corporate Rhode Island,
and that we have succeeded in establishing this earth born prodigy in her
place — what have we done, but broken our allegiance to our legitimate
State, broken our allegiance to* the United States, and accomplished our
complete outlawry from the Union ?

But perhaps we may hope that the General Government will, without
inquiry whether we be or be not the legitimate State, recognise the govern-
ment in fact (in legal phrase de facto] as the State. I am apprehensive
that in this hope we shall be disappointed. Such a recognition would pre-
sent a question of constitutional law, affecting every State in tfie Union.
This could not be avoided ; but if it could, it would still present a question
of policy, equally certain to be decided against us. True it is, that the Gov-
ernment of the United States does recognise the government da facto of a
foreign country as the legitimate government or state. And it does so
from policy. The Government of the Union, having no fundamental prin-
ciple in common with the monarchies of Kurope, and in its anxiety to avoid
an embroilment in their concerns, recognises those as the government of
any country who exercise the powers ol government, without questioning
the legitimacy of their claims. But how is it with the monarchies of Eu-
rope among themselves? What is necessarily their policy? Why, when-
ever a revolution is effected in any one of them, upon principles which en-
danger their ideas of legitimacy, or the permanence of their institutions,
millions of swords at once leap from their scabbards, cities are wrapped in
flames, fi.ilds are deluged with blood, and heaped with slaughtered thou-
sands. Think you that it was out of compassion to an exiled Bourbon that
Europe consumed one whole generation in blood and carnage? No, gen-
tlemen ; the struggle commenced with sustaining their ideas of legitimacy,
in which every monarchy of Europe was interested, and terminated in their
triumph.

And how much more deeply interested will every State in this Union be —
all subject, as we are, to the same common constitution and government —
in a question of State legitimacy ? For what is the principle to be establish-
ed by the recognition of the new government as ihe State? It presents it-
self in these facts. A portion of the people of this State claimed a further
extension of suffrage, and an equalization of representation for the benefit
of several towns. This the legislature did not grant at their request; but
called a convention, with a view of establishing a constitution which might

Rep. No. 581. 153

•meet every reasonable demand. This I believe to be about the extent of
our grievance. And now, before that convention had accomplished their task,
we, backed by the physical force of numbers, take the powers of govern-
ment into our own hands, frame a constitution, declare it to be the supreme
low of the land, and overturn, not merely the government of the Stale, but
the Stale itself. Now, as a mere matter of policy, could the delegations of
the several States in Congress establith the principle, that, because of such
a grievance, mere numbers are above law, and have a right to overturn the
State of which they are citizens? Let us try to call this a grievance, and
then how many thousand grievances are there, of greater magnitude, iri
every State? And if they We to be in this way redressed, the stability of
our institutions is at an end. Have we no questions touching domestic ser-
vitude? None touching the social relations? None touching the most ac-
tive and powerful of all principles — conscience and religious faith? May
not protestantism, in a moment of infatuation and alarm, in this manner
establish itself as the religion of the State? May not Romanism then rally,
put down protestantism, and, establishing itself in turn, nail the cross to
every steeple, place a priest at every altar, and a teacher in every school,
and compel us to support all by taxes? May not the unequal distribution
of property in some States be found a grievance? May not banks in others
become obnoxious? May not certain forms of taxation become odious?
May not the debts of the State bear heavily ? Let this principle of revolu-
tion, by an unauthorized and irresponsible movement of masses, become an
element of the constitution of the Union, and any State may be overthrown,
upon any pretext or petty grievance, real or supposed. And can any one
believe that, from policy, the Government of the Union would recognise
such a principle? Never, gentlemen, never — until that Government, de-
sirous of bringing about a consolidation of these States, chooses to put
every element of disorganization into operation upon them.

But if the new government cannot be recognised from policy, the next
question is, can it be recognised on legal and constitutional principles?
What says the constitution? "New States may be admitted by Congress
into this Union, but no new State shall be formed or erected within the ju-
risdiction of any other State, without the consent of the legislatures of the
States concerned, as well as of the Congress." Is it said that this provision
contemplates a case where only a part of the State's territorial jurisdiction
may be occupied by the newly formed State? Very probably the framers
of the constitution had such a case in mind ; but so much the worse for the
case in hand. Does not an article which forbids any part of a State's ter-
ritory being so appropriated, fnr a stronger reason forbid the occupation of
the whole, and the absolute destruction of the legitimate State? Can you
take the whole without its parts? Gentlemen, it will not be respectful to
your good sound common sense to spend a moment's time on this point.

Again : by an express provision of the same constitution, almost imme-
diately following the above, and to be considered in connexion with it, the
United States are bound to guaranty to every State in this Union a govern-
ment, and a republican form of government. Will this guarantee be ful-
filled by suffering this government to be annihilated — and annihilated by a
power which, by the very terms of the article first above mentioned, can
no more be recognised as corporate Rhode Island than Texas or Algiers?

Tell us not of the admission of Michigan. Michigan was a Territory.
No pre existent State was subverted. We know of nothing in the consti-

154 Rep. No. 581.

tution that forbids Congress bestowing upon any territory that State form of
government which is guarantied to every State; and which, if reduced by
this movement, to the condition of a Territory, it may be our humiliating
lot, in some way, to receive at their hands.

But, gentlemen, Congress is not the only tribunal before which we shall
have to appear. It is the peculiar province of the Supreme Court of the
United States to decide, in the end, aH constilutional questions, and ques-
tions touching: State rights. I will, therefore, state to you what must neces-
sarily, according to the common course of judicial proceedings, be the pro-
cess by which this question will be determined in the courts of the Union.
When the existence of a State has been constitutionally recognised, the
courts of the -United States may well recognise the government de facto
as the government de jure — in other words, the government in fact as the
government in law. They may well enough presume that those who ex-
ercise the powers of the State are the legal officers of the State, and leave
the question of the legality of the election to be settled by the State func-
tionaries appointed tolhat special duty ; but, before there can be any such
presumption, there must be a State — a State known to the constitution and
laws of the Union. There is no such thing as presuming the existence of
such a State. A de facto State is, as truly as nde facto corporation, an ab-
surdity in terms. A State must have its fundamental laws or constitution
known to the constitution of the Union; of which it is a member, and in
accordance with it; and to talk of a de facto law, is to talk profound non-
sense.

To- prove, then, the existence of the new State, or even to prove the ex-
istence of any of its officers, you must present to the Supreme Court of the
Union this instrument which has been proclaimed as the supreme law of
this State, and you must show that it had a legal origin.

The question will not be, who voted for it? or how many? but what
right anybody had to vote for it at all, as the supreme law of Rhode Island /

In the records of the true constitutional State of Rhode Island, you can
nowhere find any law, any authority, countenancing such a proceeding.

This the friends of the supposed constitution must themselves confess.
Indeed, they must boldly avow that it was not only voted for without any
such authority, but against the whole body of the legislation of the State,
whose fundamental laws have all been recognised, directly or impliedly, by
the constituted authorities of the Union, and by the very court that will
b3 called upon to decide this question. And can we think that this court,
will lose its firmness, and tread back its steps, on account of the delusion
of some ten or fifteen thousand persons in this State, and establish a con-
stitutional principle of disorganization, which must eventually become pre-
dominant in every State, and reduce all. to ruin ? It is folly to anticipate
such a decision, and wickedness to hope for it.

This pretended constitution, then, does not spring: from constitutional
Rhode Island — from that Rhode Island known to the constitution of the
United States as the State of Rhode Island and Providence Plantations ;
it is without legal authority, and of no more value in the courts of the Union
than so much blank parchment. You are then without a constitution —
you are without fundamental laws — you have no officers that can be recog-
nised as officers de facto, for there are no legal and constitutional duties for
them to discharge. Yon have no legislature — no State legislation ; — in one

Rep. No. 581. 155

word, you have no State, and are reduced to the condition of*'a mere Ter-
ritory of the Union, without the benefit of Territorial laws.

Now, gentlemen, what are the consequences? it is well worth while to
inquire. We stand upon the hrink of an awful gulf. We are about to
take the leap : and we may well feel some anxiety to look down into if, and
obtain a glimpse of what sort of a Tartarus it is into which we are about
to make the final plunge.

Gentlemen, I will whisper a few questions to yon — all of which I dare
not, for the peace of this State, answer even in a whisper. There is too
much combustible material in this wide-spread Union— too many daring
and reckless adventurers of all sorts.

Gentlemen, it is the faith of the untutored savage, that certain birds of
the air. and beasts of the desert, are endowed with something like a pre-
science or foreknowledge of the coming banquet which human strife is to
provide, and that, some days in anticipation of the event, they come from
all quarters of the heavens, and from all the far depihs of the forest, and,
congregating in the neighborhood of the appointed place, eagerly await the
approaching carnage. I do not want to be heard or understood by such as
these ; therefore, will I not answer all the questions that I may put, but
simply show you that there are such questions.

When corporate Rhode Island ceases to exist, what becomes of her dele-
gation in Congress ? What becomes of her bill in chancery, which she filed,
claiming through her charier, and through that only, a portion of territory
within the jurisdictional lines of Massachusetts? I mention this, not for its
importance, but for its illustration ; and because, in the event supposed, the
question must necessarily arise. What becomes of the public property of
all sorts? Your court-houses? Your jails? Your public records? Pub-
lic treasury, bonds and securities of all sorts, which belong to the present
corporate Rhode Island, and to her only, and can pass from her only by
her legislative consent ? What become of the actions now pending on the
dockets of every court in this jState — bills of indictment for crimes com-
mitted, or that may be committed ? What become of your State prison,
and your convicts, from the wilful murderer to the petty thief? What be-
come of your corporations of all sorts? Of your corporate towns and
their records? Nay, are there not questions touching life, liberty, and in-
dividual property? I dare go no farther ; perhaps 1 have already gone too
far. But, whatever answer may be given to th,ese questions, (and answered
they must ultimately be in the Supreme Court of the Union,) the bare fact
that these questions must be raised, tried, and decided, is sufficient to send
a thrill of horror through the heart of every man, woman, and child in this
State.

And all this for what? For, if revolutions may be justified, we may well
put the question. It is said to be for an extension of suffrage and an equal-
ization of representation. How many of you have ever felt the want of
this to be so great as even to sign a petition to the General Assembly on
the subject ? If this be a grievance at all, is it not the merest trifle, com-
pared \vith the 'calamities through which we must pass, in order to redress
it in the mode which this movement has proposed? If it be a grievance,
it has scarcely been felt, and a legal and legitimate remedy is already be-
fore you from the State's convention. Is there any other? Did we ever
petition this government for any favor which reasonable men might ask

156 Rep. No. 581.

•jj

for — no matter what party was in power — that was not cheerfully granted ?
Are we overtaxed by this State? Is there any oppression which can
be named to justify a revolution ? Have not we and our fathers all
lived in peace and happiness under the laws of this State, from its first
establishment to the present day ? Did not our fathers establish them-
selves here in a howling wilderness, and, under the protection of that dis-
tinctive principle of their government, religious liberty, enjoy peace, and
quiet, and happiness, whilst, the sister colonies were shedding blood, and
persecuting their fellow-men for conscience sake? Did they not, under
this State, and for this State, utter the declaration of independence, and, led
on by her Greenes and Olneys, go forth in array of battle, and shed their
blood on a hundred fields? Did they not gloriously and triumphantly se-
cure to us the rights which we ever since have and now enjoy under the
protecting laws of this State? But they have done their work— they have
passed through the toils and sufferings of their day. and laid them down in
the quiet grave, where the wicked cease from troubling and the weary are
at rest. They have left the fruits of their labors as an inheritance to us.
May their sainted spirits join with us in a prayer to the Almighty Father
of all spirits to save us from this fatal delusion !

Gentlemen, the meaning of the word revolution in this case is very dif-
ferent from its meaning when it designates the conflict between the colo-
nies and the mother country. That was a conflict between corporate
bodies on this side of the Atlantic against corporate Britain on the other.
But revolution in this case means a conflict among the very elements of
society, [t proposes to realize, here in Rhode Island, the horrors of the
French revolution. It proposes to arm neighbor against neighbor, friend
against friend, brother against brother, father against son, and son against
father — and all this for what? Can any one tell us ?

We may flatter ourselves that we are a people too enlightened and too
good to pass into the excesses which have marked revolutions in every
age. But, gentlemen, in all ages of the world, and in all countries, excited
passion, in its extremes, is the same ; the individual man, however enlight-
ened and good he may be as an individual, is merged in the mass to which
he belongs ; he loses his freedom ; he blends with it ; whilst the mass
itself becomes a mere brute forc.e, which, under the influence of the idea
or passion which actuates it, goes on arid on — heedless of the ruin which
it makes, heedless of its own destiny — to its final dissolution or utter an-,
nihilation. Would to God that men would learn something from history !
But it has been well observed, that we ever place the lantern in the stern,
and not at the prow. It sheds its light only on the tumultuous billows of
the past. We there see the wrecks of nations that have committed them-
selves to anarchy, tossing and heaving on the stormy surge. Yet on we
go, exulting in our superiority over our predecessors, heedless of the rocks
beneath the bow, until the billow on which we are borne sinks beneath us,
and dashes us into fragments.

It may be thought that I am indulging in feelings not usual to the bench ;
but, gentlemen, there are occasions when humanity may be excused for ri-
sing above the petty etiquette of official dignity — when the formalities of the
judgo may be lost in the realities of the man. And if ever such an occa-
sion presented itself in any State, it now presents itself in this. It would be
our duty as good citizens, but it is imperiously our duty as sworn conserva-

Rep No. 581. 157

tors of the peace, to tell yon what is law, and what is not law. This duty
we are not at liberty to forego.

I therefore say to yon, and all others duly qualified, that it will be lawful
for you to vote on the constitution now submitted to you by the State's con-
vention ; and that, if it be adopted, any person in this State commits'a breach
of allegiance who wilfully fails to support it. If it be not adopted, it will be
our duty still to adhere to that compact of our ancestors called the charter,
as that sheet anchor at which our beloved State has triumphantly ridden
out many a storm, and can as triumphantly ride out this. And as to that
instrument called "the people's constitution," however perfect it may be in
itself, and however strong may be the expression of public opinion in its fa-
vor— yet, standing, as it does, alone and without any legal authority to sup-
port it, it is not the supreme law of this State ; and those who may attempt
to carry it into effect by force of arms, will, in the opinion of this court, com-
mit treason — treason against the State — treason, perhaps, against the United
States ; for it will be an attempt, by the overt act of levying war, to subvert
a State, which is an integral part of the Union ; and to levy war against
one State, to that end, we are apprehensive will amount to the levying of
war against all.

Gentlemen^ do not misapprehend us; we make not this declaration by
way of denunciation or threat, but simply because it is our duty to declare
the law. As a court of law, were it even in our power, we would not act
on any man's fear, save on that fear of which every good citizen may be
proud — the fear of doing a wrong or illegal act. And we make this decla-
ration vvith the hope that those gentlemen who have engaged in this move-
ment— for many of whom a personal acquaintance enables us to cherish
sincere respect and esteem — will be induced to pause and to reflect — to re-
flect deeply. We admit their courage ; but may they use it in a good cause,
and, without following the example, adopt the sentiment of Macbeth, when
urged to commit treason and murder —

.'/I dare do all that may become a man;
Who daies do more, is none."

No. 44.

. -. J i-IJ5 .- : f? •> :••> .0. ;• \- . '...,.•• ••• "• .

Report of the case of Luther vs. Rorden^ tried before Judge Story > in the
United States circuit court.

The court opened at 10 o'clock; present Judges Story and Pitman —
Judge Story presiding.

The clerk called the names of the jurors in attendance. Mr. B. F. Hal-
lett appeared, and said to the court that he appeared as counsel for Rachel
TAtther, in the case Luther tis. Borden and others. He had been employed
as counsel only yesterday, and came here with the expectation of having
the assistance of Mr. Atwell upon the trial, who was the original counsel
in the case. Mr. Atwell was engaged in a trial before the State court, 'and
could not attend in this court till to-morrow. He suggested to the court
whether a delay of a day might not be allowed in the trial. He was ready,
however, to submit to any order that the court might make.

Judge Story said that he could only remain here two days, as a cause

158 Rep. No. 581.

of great importance had been set down by special assignment for trial on
Thursday, in Boston. The cause must, therefore, go on now, or be post-
poned.,-

The case of Rachel Luther vs. Luther M. Borden and others, was ac-
cordingly taken up.

The action was trespass for assault and battery alleged to have been
committed on the plaintiff by the defendants, at Warren, on the 29th day
of June, 1842. The assault, as stated in the plaintiff's declaration, con-
sisted in the defendants entering the plaintiff's sleeping-room armed, and
in threatening her with force. The defendants justified, setting forth that
the State was then under martial law, and that the defendants were or-
dered by Captain John T. Child, then commanding in Warren, to go to
the house where the plaintiff was, and arrest Martin Luther and others,
who were aiding and abetting the insurgents, and that they used no more
force than necessary for that purpose.

The defendants, upon these pleadings, had the opening and close.

Mr. Bos worth read the papers, and gave a brief history of the proceed-
ings which led to the rebellion. The origin of the case was as follows:

When the fourth regiment was ordered up from Warren to Providence,
a small detachment was left behind for the defence of the to^vn, under the
command of Captain John T. Child, then acting as quartermaster of the
regiment. Written orders were given to him by his commanding officer,
Colonel Turner, to arrest suspicious and dangerous persons, and to keep
the peace in Warren. A number of persons assembled on the borders of
Massachusetts, near Warren, under circumstances that induced the belief
that the peace of the village was threatened, and it was supposed that an
attack was contemplated on the jail in Bristol. Luther was at this rendez-
vous during the daytime, and came into the State at night. The unpro-
tected condition of that portion of the State, while nearly all the men able
to bear arms were withdrawn for service in another part of the State, ren-
dered the strictest vigilance necessary on the part of the remaining inhab-
itants. Luther was known to be a bitter Dorrite, who had been a mode-
rator of a pretended town meeting, and came up in arms to assist Dorr on
Federal hill. He had been active throughout the troubles, and was sup-
posed to be a principal promoter of the disturbances in the neighborhood.
Under these circumstances, Captain Child issued the order for his arrest,
which was executed by the defendants.

After Mr. Bosworth closed, Mr. Whipple inquired what facts were in-
tended to be put in dispute. The general historical facts were notorious,
and could easily be proved. It would be a great saving of time if the gen-
tleman on the other side would define what was the real controversy.

Mr. Hallett said that it was not his intention to dispute the fact, that, in
pursuance of the previous movements of the partisans of the people's con-
stitution, troops assembled on the hill at Chepachet, and also that troops
assembled at Providence, as the general headquarters ; but he denied that
the state of war extended any further, and that, although martial law may
have existed in these places, it did not in Warren.

Judge Story stated, that as martial law was declared by the State, it
extended all over the State. He supposed that the general facts of the
proceedings to establish the people's constitution, which had become a
matter of history, and of the gatherings of armed men to enforce that
constitution, and of the acts of the government of the State in suppress-

Rep. No. 581. 159

ing insurrection, were not required to be introduced in evidence. The
defendants justified under an alleged authority; and it was stated, when
the case was called before for trial, that it was not intended to.go into any
of the preliminary questions, but to try the case solely upon the ground
that the authority was abused.

After some remarks respecting the statements of the former counsel re-
specting the grounds upon which the case was to be tried, Mr. Hallett
said, that he had not been aware that any such understanding existed,
and that he did not wish to be confined precisely to this course. He said
that he should question the power of the legislature to declare martial
law, which he should contend was a power incident to military command
alone. It was an arbitrary military act, and not a law of civil enactment.
He should further contend, that, even if properly declared, it could be in
full force only where the troops were in the field; it was the law of the
camp, and not of that part of the State where there was no war. He
should also contend that martial law applied only to the persons actually
engaged in the service of the State, those bearing arms, and those liable
to bear arms.

Judge Story said, that, as far as the questions of law were concerned,
he was as ready to decide them now, as he should be at the end of the
trial. In the first place, he had no sort of doubt of the power of the legis-
lature of Rhode Island to declare martial law. It was a legislative power,
and was one of the acts of their sovereign authority. He was not pre-
pared to admit that a military officer had any such power by virtue of his
office. He could not admit that any one man would have the power to
suspend all civil law, and have everything transacted according to his
own mere will. In the course of military proceedings, in the progress of
a battle, many things might be done, and must be done, which are acts
of necessity, causing great destruction of property as well as life. But
he denied the power of any military officer, of his own mere will, to place
a district under martial law, and suspend civil authority, without warrant
from his government. There must be many acts committed by such of-
ficers in an arbitrary manner, which are' necessary to the proper conduct
of a campaign, causing great destruction to property, as well as an abridg-
ment of the right of individuals. Compensation has in such cases usu-
ally been made by a Government to their own citizens who have suffered,
as was done by Congress to the inhabitants of the frontier during the last
war. The justification of such acts is found only in their necessity, and
the officer is excused accordingly. Jn this case, a State finds its govern-
ment, its existence as a State, as well as its internal peace, in danger ; and
the case is so urgent, that its legislature judge a resort to the most extra-
ordinary means of resistance necessary, and accordingly declare martial
law. The legislature of Rhode Island was the sole judge of the neces-
sity of the case within their territory; and, having the power to provide for
the occasion, they exerted it, and the declaration of martial law was a
proper legislative act. But it may be objected, that the President of the
United States has said that a case had not arisen for any interposition of
force in the contest in Rhode Island. The President is the judge of
what case may require his interference under the constitution of the Uni-
ted States, but he is no judge of the necessity of such action on the part
of the State. He may judge for himself as President of the United States,
but Rhode Island has the right to judge for herself in any and every

160 Rep. No. 581.

emergency in her domestic affairs. She is a sovereign State, and must
have the right to maintain her own sovereignty. By the constitution of
the United. States, she surrendered only certain powers, among which
was not the right to decide upon the internal administration of her own
government, nor the power to enforce her own laws. This action of the
State is entirely distinct from that of the President. He has no right to
decide upon what the State has done, or may do; he can only form an
opinion upon the facts in reference to his interposition. Supposing a bat-
tle had been fought, and men had been killed on both sides ; and, after
such a conflict, a President should say that he should not interfere — that
the casus foederis had not arrived ; that could not put the State in the
wrong, for he has no right to pronounce judgment upon the acts of the
State government. In this case, the legislature passed the law, which it
was in their power, and which they conceived it their duty to enact. It
is the same with this as with any other law — courts cannot look into the
causes of its being enacted ; they find it on the statute-book, and are
bound to carry it out. This is equally true of Rhode Island, a small
State, as of the largest. Should Shay's insurrection break out again in
Massachusetts, or the whiskey insurrection in Pennsylvania, can there be
any doubt that each State should immediately resort to measures to sup-
press the disturbances, and sustain its own sovereignty?

To the other point raised by Mr. Hallett he could not assent. Martial
law does not extend merely to the camp, or the persons who are under
arms. In this case, the State declares it ; it is an act of the legislature,
and the whole State was under martial law. How could it be declared
so as to be enforced only in one place or one district, when the insurrec-
tion might break out in twenty different places? The insurgents might
say that although martial law was enforcecl in Providence, yet that it
could not be in Newport, and consequently change the scene of their op-
erations. The legislature are the judge of the exigency, and they passed
a law to meet it. They had the power to pass such a law, and the law
is as they declare it. They have a right to extend the operation of it as
they deem expedient.

These views he had formed upon mature deliberation, and he could not
change them until they were reversed by the Supreme Court. He appre-
hended that he should be very slow in being taught there, that a State
could not maintain its own sovereignty and the supremacy of its laws by
all necessary means, or that the State must follow its army, and declare
martial law only on its route. To-day the law martial would be enforced
here, and to-morrow there ; its location changing with every day's march.
Nor could the military officers go beyond the lines of their array, or the
limits of their camp, to enforce obedience; and persons might pass con-
tinually to the enemy to give aid and intelligence within a few miles of
the army, and no power existed to arrest or prevent them. Such a doc-
trine could not be maintained for a moment.

If this is martial law, it is also judicial law, which he was bound to obey.
These points are not matter for the jury; they lie within the province of
the court, for they involve the discussion of great legislative powers, upon
which the court are bound to decide. But if the case was merely one of
excess of authority, then it is proper for the jury. Martial law authorizes
no man to exercise unbridled arbitrary authority. Each man is bound to
do only what is necessary. It gives no one the power of life and death

Rep. No. 581. 161

over another. If it were so, then every military officer would possess all
the powers of the Czar of Russia.

He alluded to the proclamation of martial law by General Jackson. No
court had ever decided that it was a proper act for a military officer ; and
the only court that ever decided upon it, decided precisely the other way.
Not that he did not take the proper course under the circumstances, for
New Orleans might have been lost by a less decisive measure. There
were persons in the city ready and willing to give aid and intelligence to
the invaders, and the means of defence might not have been afforded to
the army so promptly by the civil authority. The inhabitants were not
all of the same nation — some French and some Spanish — and no unity of
action could be expected of them.

No court had ever decided that a military officer had the right, much
less the exclusive right, to declare martial law. There are occasions in
which a high military officer may be justified in taking the responsibility,
to save his country.

Mr. Haliett read the acts of the Assembly, and remarked that the words
used were, that the State should be put under martial law. He then went
into a discussion upon the meaning of the word " State," which, he said,
had a variety of new definitions. He wished to know whether it referred to
the men alofle, or to the government. The latest definition, he said, had
been, that it was a "self-subsisting corporation, reposing on its own cen-
tre ;" and there might be a question whether the act meant to refer to this
anomaly or to something else.

The judge said that he could give him the ruling of the court on that
point, in one word. Upon points where there is no doubt, he would give
his opinion at once. He must say to the counsel, in the words of Chief
Justice Marshall, that there are some things which a court that has been
for some length of time established should be presumed to know. The
State was the government and the people ; the word had a definite mean-
ing in all statutes; and when the legislature declared that the State was
under martial law, every man, woman, and child in that State was under
martial law.

Mr. Haliett then said that he should have made no question about the
meaning of this word, except in Rhode Island, where so much dispute had
arisen about it. He alluded to the act, to show that the legislature had
pointed out no way in which the law should be enforced. It was left,
therefore, to the common law of war. He was remarking about the un-
certainty of this, and how far orders were requisite to inferior officers and
soldiers, in the performance of their duties in enforcing the law martial,
when Judge Story interrupted him to give the ruling of the court on that
point.

The proclamation of martial law is, in itself, an order for all military of
ficers to act according to the exigency of the case. Even private soldiers
are sometimes required to perform duties without special orders from their
officers, as in the arrest of Andre. Three poor soldiers were alone upon a
distant outpost; Andre passed them as a peaceable person, in no uniform,
like any other citizen. They arrested and searched him, and found the
treasonable papers in his boots. It was their duty to have detained him,
and carried him to headquarters, without going perhaps miles to find an
officer. Martial law is the suspension of common law, for the purpose of
giving summary powers to the military. The soldi^s owe. a duty to the
11

162 Rep. No. 581.

State as well as the officers. If half a dozen soldiers met an enemy, they
would be bound to stop him. If they suffered him to escape, they might
be shot. It is sufficient, in such a case, to show probable cause for the-
arrest. In this case, it seemed from the pleadings that the captain in com-
mand gave the orders, and he had a right to give them upon probable
cause. This was a sufficient justification to the soldiers, who were bound
to obey, if they did not abuse the authority given them in executing the
command.

If the plaintiff was not satisfied with this ruling, the case might be taken
to the supreme court at once. If these principles are not correct, no one
can tell what the situation of any State in this Union may be.

Mr. Hallett concluded to go on, and Mr. Bos worth proceeded with the
opening. He produced the proclamation of the Governor, making known
that martial law was declared, and calling on all to enforce it, and the order
of Colonel Turner to Captain Child.

The testimony on both sides here closed.

Mr. Hallett then addressed the jury on behalf oi the plaintiff.

He made two points upon the evidence :

1st. Was the order properly given by Captain Child, under the circum-
stances ?

2d. Was the order properly executed, supposing it to be & valid order,
lawfully given ?

Under the second head, the abuse of the authority would be considered.

Under the first head, he contended that Captain Child had not sufficient
information of any gathering, or any hostile demonstration, to warrant the
issuing of any order for the arrest of any individuals. Also, that a mili-
tary officer was bound to use some diligence in procuring proper informa-
tion before he issued any order to enforce martial law.

He also dwelt long upon the point that the defendant used unnecessary
violence towards Mrs. Luther in executing the order.

Mr. Whipple closed for the defendants.

He stated that the brief time allowed by the engagements of the pre-
siding judge compelled him to notice briefly a few of the prominent points
in the case.

He called the attention of the jury to the fact that this case was brought
fora trespass alleged to have been committed in a time of war — of attempt
at revolution. If that attempt had succeeded, it must have succeeded
after the shedding of rivers of blood, and all present would not have been
then discussing the question of damages for an injury to the sensitiveness
of an old woman, but would have appeared in mourning for the loss of
relatives and friends whose lives had been sacrificed in that unholy
attempt.

He contended that the legislature of a free government was bound to
maintain the existence of that government by all means in its power. Its
duty to do so was much stronger than that of a despot, because the gov-
ernment of the latter existed for the good of one, that of a republic for the
good of all. It was their duty, therefore, to resort to the law martial when
their existence was seriously threatened.

There was, at the time of this alleged trespass, a state of war in Rhode
Island. It was a war of the government for existence against a revolu-
tionary procedure, and it was consequently a war in which there could be

Rep. No. 581. 163

no neutrals. All were bound to support the government; and those who
were not for it, were against it.

In this state of affairs, of actual war, with or without martial law, it
was the duty of military officers to sustain the government, and prevent
any accession of strength to the enemy. It has always been held one of
the rights of war to seize and detain any who were suspected of being
willing to give aid and assistance to the enemy. The military officers in
Warren would therefore have had a right to seize and detain Luther with-
out martial law. It was their duty to weaken the enemy.

That Captain Child had probable cause to issue this order, is shown
from the evidence of the character of Luther. He was known and has
been proved to have been an enemy of the State. It has been shown
that all was quiet in Warren at the time, as if that had anything to do
with this transaction. So it appeared to be quiet in Providence on the
19th of June; yet, notwithstanding the outward signs of quiet, an expe-
dition was fitted out, and actually started to take the Warren guns. Ail
these expeditions were secret, and, from the activity and character of these
men, such secret expeditions were to be expected at all times.

He contended that soldiers, in enforcing, were not liable for the execu-
tion of the orders of their superiors, even if improper or ill-judged, but only
for the abuse of their authority. They must obey their officers; if they
do not, they are liable to all the penalties of military disobedience.

In this case, as was said by the counsel for the plaintiff, these men
went with the power of life and death, yet no injury whatever was com-
mitted by them. They laid their hands on no one. They were bound
to execute the order summarily; their duty admitted of no delay. They
could stand upon none of the ordinary courtesies and civilities.

Mr. Whippie dwelt shortly on the testimony adduced, and closed after
a very brief address.

Judge Story then charged the jury in substance as follows :

He was sorry that circumstances prevented him from giving to this case
the full time and discussion that its importance demanded. He had ap-
pointed Thursday for the hearing of a very important cause in Boston,
which must be tried then, or not at all. A case so important and novel in
its principles as this had rarely arisen ; yet, however new and important
they might be, he should not shrink from their discussion, nor hesitate to
go into all the principles involved. He would not, in his charge, on ac-
count of the shortness of the time, say anything of the points which he
had ruled yesterday.

He had not, he said, the least doubt of the power of the legislature of
Rhode Island to declare martial law. They had the right to judge, and
they were the sole judges whether the circumstances required it. They
decided that it was a proper measure for the emergency; and, considering
the nature of the insurrection, they were wise in not defining the manner
in wjiich it should be exercised.

Martial law is the law of war. It is a resort to the military authority in
cases where the civil authority is not sufficient for the maintenance of the
laws, and it gives to all legally appointed military officers summary power,
for the purpose of restoring tranquillity and sustaining the State. It gives
them no warrant to use their power arbitrarily for hatred, malice, revenge,
or the gratification of any personal feelings. They must use their extra-

164 Bep. No. 581.

ordinary authority for the preservation of the republic, using snch force
for that purpose as the exigency requires. They are to judge of the de-
gree of force which the necessity of the exigency demands ; and there is
no limit to their exercise of the power conferred upon them by the law
martial, except the nature and character of the exigency.

He would agree with the counsel who closed, (Mr. Whipple,) that in
open war no man has a right to declare himself a neutral to his own gov-
ernment. He lives under the government, and receives its protection,
and in return he owes it certain duties. He has no right to declare him-
self a neutral, arid escape these duties, while he still receives the protec-
tion of that government. In the last war, there were many who sympa-
thised with England ; but did any one suppose that he could declare him-
self a neutral, and thus dissolve his allegiance to the United States, and
thereby escape the requirements of the government? No one ever ima-
gined that he had such a right. The law of the country was that we
should be at war with a certain nation, and that that nation were our ene-
mies ; and no man was at liberty to act contrary to that law.

The first question that arises in this case is, did Captain Child give the
order, acting with a sound discretion, and with a belief that the exigency
requiied it; and did he make it legally, by virtue of his office/ The coun-
sel for the plaintiff said that he should make inquiries before he exercised
his power; and that, if he gave his orders without obtaining satisfactory
information on such inquiries, the soldiers would not be justified. He
would consider that point. Captain Child was then in command at Warren,
the sole military officer in the town, and the sole military authority in that
district. Martial law existed over the whole State. The insurrection
was wide spread. No one could tell where it might break out. If there
were any places where it was expected to break out more than in others,
they were more in the knowledge of the jury than of the court.

The legislature, however, had proclaimed martial law over every por-
tion of their territory, and they had said by this that danger existed every-
where. The scene of action might be varied by fortune, as the chances
of war changed, or as different portions of the State might become liable
to attack. Captain Child knew of this, and also that nearly all of the
militia had been withdrawn from his town and neighborhood, to meet a
more pressing danger in another quarter, so that he had but thirty men
under his command. He was bound to use all vigilance, nnd besides he
was under special orders from his commanding officer. [The judge here
read Col. Turners orders, commanding Captain Child to arrest all sus-
picious and dangerous persons.] These orders Col. Turner had a right to
give.

These orders conferred high discretionary powers upon Captain Child.
But they were also the orders of his superior in command, and he was
bound to obey them as a subordinate military officer. He was obliged
to take care to arrest any persons who were in the least suspicious — who,
from their conduct and expressions, might be supposed ready to assist
those who were in arms against the State. There is no sort of doubt that
Captain Child was bound to fulfil these orders. If he had wantonly dis-
regarded them, or failed to fulfil them from any friendly feelings towards
the enemies of the State, or any other improper motive, he would render
himself liable to punishment. Under some circumstances, by such a ne-
glect of duty, he might subject himself to trial by a court-martial, and

Rep. No. 581. 165

to severe penalties for his disobedience; and, in some cases, he might
even be liaole to be shot. These orders, then, were lawfully given ; and
being given under martial law, Captain Child was bound to enforce them,
and arrest all opponents of the constituted authorities.

How stands the case with regard to Luther? He was moderator of a
town meeting on the 18th of April, which the counsel for the plaintiff ad-
mits to be illegal ; and his acting as such moderator subjected him to tne
penalty of the civil law. He had also been at Providence on the 18th of
May, to assist those opposed to the government. He carried arms there
with him. It was notorious that he sympathised and acted with these
men on all occasions. This information Captain Child testifies he re-
ceived from a reliable source, and all the testimony adduced shows that
the information was true.

He received other information at this time of Luther's being in concert
with those then under arms against the State. In such circumstances,
what should a military officer do? If he has intelligence of a man being
disposed to aid the enemies of his government, he has a right to regard
that information, and he is bound to act upon it. The point respecting
his right to issue the order for the arrest of Luther is settled, if the jury
believe that Captain Child told the truth. Did Captain Child tell the
truth? How is the fact about Luther? He did act as moderator; he did
go to Providence on the 18th of May, as Peckham testifies, armed, in com-
pany with others, and purchasing .ammunition on the way. Captain
Child's information, then, was true. It is confirmed by all the other evi-
dence. But he had also other information. He heard of Luther's being
at Cornell's tavern, in company with many men from Rhode Island;
there were assemblages there, not on one day, but on many different days ;
and apprehensions existed of movements from Massachusetts. These
were entertained not by himself alone, but by others with whom he ad-
vised, and by Judge Haile, as he himself has testified. Judge S. said,
that, as a Massachusetts man, he felt humiliated that any men could be
found among her citizens so abandoned as to aid a movement to suppress
the government of a neighboring State.

Had Captain Child, then, reasonable ground to believe that Luther was
assisting the enemies of the State? If he had, there is no necessity of
showing that the intelligence upon which he formed that opinion was
true. It is sufficient to show that a reasonable man would form such an
opinion from such intelligence. The case of the soldiers themselves now
presents itself. They were ordered to go and to arrest Luther and other
suspicious persons. When they inquired how they were to get into the
house, they were told to go into the house. This implied that, whatever
was necessary to be done, they were to do. They were bound as sol-
diers to go. The order was given them by their superior officer, and they
were not bound to inquire or to judge whether it was reasonable or not.
He was responsible to them for the order, and they were to him for the
fulfilment of it, under the penalties of martial law.

Here, then, is the question : were they guilty of any excess of authority
in the execution of the order? Did they do any wanton, malicious, mis-
chievous act, which was wholly unnecessary to effect the object they had
in view? Their acts are not to be judged of by what civil officers may
do, but what common soldiers may do, as these men were then acting as
common soldiers. It must be held in mind, too, that this was done in a

166 Rep. No. 581.

time of peril and war, in a guarded town— guarded at all its main ave-
nues, and kept under the strictest watch. Under such circumstances, it
is surprising that witnesses should swear that no reasonable ground of
alarm existed at the time in Warren ; when troops on both sides were in
the field, and so many of the militia were called from the town, that but
thirty were left. This can be accounted for only by a strange inconsist-
ency in the human mind : some see danger where there is none ; and
others, when the greatest calamities are pressing upon them, can see no
sign of danger — no ground of alarm.

The superior officer thought there was- ground of alarm ; the legisla-
ture thought so ; and the men of Warren, with whom Captain Child con-
sulted, thought so. This appears from the whole of Judge Haile's testi-
mony. Apprehensions existed of an incursion from Swanzey, or some
part of Massachusetts. Judge Haile himself went to reconnoitre ; he
stood guard himself, like the rest. He (Judge S.) would say from that
place, that, in so doing, he did the duty of judge as well as of a citizen —
honorable to himself, and honorable to his country.

The judge then briefly recapitulated the circumstances of the entering
the house, as related by Miss Pearce and the men. Miss Pearce is the
sole witness upon whom the plaintiff must rely for the proof of any as-
sault.

And here he would notice a question which the counsel for the plain-
tiff had put with much apparent simplicity. He asked, if there was no
excess committed by these men, why have they not shown it in evi-
dence? How could they do so? The name of every man there that
morning was put into the writ, although five or six of them never were
in the house. He was not clear but it would have been the duty of the
court, if the general issue had been pleaded, to order an acquittal of those
against' whom there was no evidence, in order that they might be used
as witnesses.

The jury are then to consider whether the evidence of Miss Pearce is
to be relied on ; for, unless they place entire confidence in her testimony,
the case of the plaintiff is not made out. If they do believe it, they are
then to consider whether the acts proved by her constitute an excess of
authority.

There is one thing about her testimony which the jury are to consider.
It is singular that she remembers precisely what the men said while in
the house, but, when questioned as to what the old lady said, she remem-
bers not a word of it. The old lady, who seems to hafe been very much
excited, and was very passionate, did scold these men, as one of the wit-
nesses for the plaintiff swears, and scolded them in/such a manner as to
induce the last remark of -Captain Borden. When the case turns upon
the testimony of a single witness, the jury must consider all the circum-
stances. There is the testimony of old Mr. Cole, the brother of the old
lady, who it seems had been a soldier in the Revolution, and who knew
something of the life and duties of a soldier. He knew that war was not
like civil life; that courtesies were often neglected, even in the treatment
of women. He testifies that he was there in the morning, and that the
old lady was then in a great passion. The evidence of the young lady
and Mrs. Luther did not contradict that of Mr. Cole, as they were not
there the whole time. He testifies that she had called them the meanest
rascals in the world, (fee. Here, accidentally, from the bosom of the same

Rep. No. 581. 167

family, comes the evidence of the conduct of the plaintiff. Under these
circumstances, the jury are to consider whether the truth, the whole
truth, and nothing but the truth, has been told by this young woman,
when she remembers all on one side and nothing on the other. Is her
evidence substantially the whole truth of the matter?

If the jury believed all she has said, then they are to judge whether
there was any excess ; or such an excess as will require them to interfere
by their verdict at this time — not during the war, but after it was all
ended. They are to consider that it is the case of common soldiers act-
ing under orders on a difficult duty. They committed no injury to any
one, except to their feelings. They did not lay their hands on a single
person. They might have waited for the women to dress, but in that
time the men might escape or prepare to resist. They were bound to
perform their duty at once. Their acts must be looked at, not as they
appear now, but as they were then. It is a singular fact respecting the
women, that they did not dress till all was over, although the men left
the room for some time.

Is there any such excess in their manner as described? Was the stern
manner and the rough voice meant for wanton ill-treatment, or was it ac-
cording to the customary manner of the men ? Did they wantonly, de-
signedly, or maliciously, do anything not required, or which they did not
think requisite to effect their purpose ? Did they use this language for
the purpose of requiring the truth, believing that Luther was concealed
in the house, and that the women were concealing him ? The question
of damage depends upon whether the acts were done purposely, mali-
ciously, and designedly.

The judge then remarked upon the rule of damages in such actions, if
the jury deemed them cases for damages. He left the case to the judg-
ments, the oaths, and the consciences of the jury.

[NOTE. — This report is taken from the Providence Journal. The jury
did not agree.]

No. 45.

Protest of the Legislature of Rhode Island against the interference of Con*
grtss in the internal affairs of that State.

In General Assembly of the State of Rhode Island and Providence Plan-
tations, at a special session held at Providence, on the twenty-ninth
day of March, in the year of our Lord one thousand eight hundred and
forty-four.

Protest and declaration of the State of Rhode Island and Providence Plan-
tations^ against any interference by the Congress, or by the House of Rep-
resentatives of the Congress of the United States, with the internal gov-
ernment and the constitution of said State.

Whereas this State was settled under free and popular institutions,
which, at all times, have been firmly maintained against foreign aggres-

168 Rep. No. 581.

•

sion and domestic violence ; and, whatever hath been the control exer-
cised over its external concerns, hath ever contended for the exclusive
right to adopt and uphold its own mode of domestic republican govern-
ment:

And whereas the General Assembly of this State, in the spirit of the
founders of this State, did, on the fourth day of May, in the year of our
Lord one thousand seven -hundred and seventy-six, for good reasons
moving our people thereunto, formally revoke their allegiance to George
the Third, then King of Great Britain, and did substitute the name and
authority of the Governor and Company of this then colony for the
name and authority of said King, and did thereby become an indepen-
dent State; and at the same session, and-on the same day, did appoint
delegates to the General Congress of the United Colonies, with authority
to enter into and adopt "all proper measures for promoting and confirm-
ing the strictest union and confederation between the said United Colo-
nies for exerting their whole strength and force to annoy the common
enemy, and to secure to the said colonies their rights and liberties, both
civil and religious, whether by entering into treaties with any prince,
state, or potentate, or by such other prudent and effectual ways and
means as should be devised and agreed upon;" and did instruct their
said delegates, in the doing thereof, "to take the greatest care to secure to
this colony in the strongest and most perfect manner the present estab-
lished form, and all the powers of government, so far as relate to its inter-
nal police and the conduct of our own affairs, civil and religious;" and the
said delegates, under said instructions, and in conformity therewith, did,
on the fourth day of July, in the year of our Lord one thousand seven
hundred and seventy-six, join with the delegates of the other colonies, as
the representatives of the United States in General Congress assembled,
in declaring "that these United Colonies are, and of right ought to be,
free and independent States," without in any manner impairing the r%hts
and powers of internal government and police theretofore possessed and
enjoyed by the people of this State as aforesaid:

And whereas, at their February session, in the year of our Lord one
thousand seven hundred and seventy-eight, the General Assembly of this
State, having taken into consideration proposed articles of confederation
and perpetual union between the States of New Hampshire, Massachu-
setts Bay, Rhode Island and Providence Plantations, Connecticut, Mew
York', New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, South Carolina, and Georgia, did appoint/aelegates from this
State to the Congress of the United States, with full/power and authority,
on the part and in the behalf of this State, to acce/le to and sign said ar-
ticles of confederation and perpetual union, which said delegates, on the
part and in the behalf of this State, did, on the ninth day of July, in the
year of our Lord one thousand seven hundred aftd seventy-eight, accede
to and sign said articles of confederation and perpetual union, wherein it
was provided that "each State should retain its sovereignty, freedom, and
independence, and every power, jurisdiction^ and right, which was not
by said confederation expressly delegated to the United States in Con-
gress assembled:"

And whereas said articles of confederation and perpetual"union did in
no way or manner invalidate the right of internal government and police
theretofore possessed and enjoyed by the people of this State as aforesaid,.

Rep. No. 581. 169

and this State was admitted and entered into said confederation under a
republican form and constitution of government, then and for a long time
before by the people of this State held and enjoyed:

And whereas, under the same form and constitution of republican gov-
ernment, the people of this State thereafter, and in order to form a more
perfect union, establish justice, insure domestic tranquillity, provide for the
common defence, promote the general welfare, and secure the blessings of
liberty to themselves and their posterity, did, on the twenty-ninth day of
May, in the year of our Lord one thousand seven hundred and ninety, in
convention assembled, duly ratify the constitution of the United States,
and did thereby become one of the United States of America under the
• constitution thereof; and in their instrument of ratification, under and by
r virtue of which they acceded to the union under said constitution, at the
same time that they declared and made known certain natural rights, of
which no compact could deprive them, did declare and make known that
the right of suffrage belonged only to " those who have sufficient evidence
of permanent common interest with, and attachment to, the community;"
and did especially declare and make known "that all power of suspending
laws, by any authority, without the consent of the representatives of the
people in the legislature, is injurious to their rights, and ought not to be
exercised ;" and under their said republican form and constitution of gov-
ernment, then and until now of late existing, were admitted and entered
into this union of States, under the constitution thereof, and in conform-
ity with said constitution; and to insure domestic tranquillity, and, at the
same time, to provide for the common defence, did yield and give up the
right of this State to keep troops or ships of war, without the consent of
Congress, in time of peace; to enter into any agreement or compact with
another State, or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as would not admit of delay; and
did yield and give up the right of this State to lay any imposts or duties
un imports or exports, for its own use, and many other rights and powers
before that time by this State possessed and enjoyed ; and, amongst other
things, in consideration thereof, did accept and receive from the United
States a guarantee of their said republican form of government, and that
the said United States would protect this State against invasion, and, on
application of the executive, (when the legislature could not be con-
vened,) against domestic violence :

And whereas certain evil-disposed persons, within and without this
State, have endeavored to stir up and excite insurrection, rebellion, and
war therein, for the purpose of overthrowing the republican form and
constitution of internal government of this State, established, possessed,
enjoyed, and guarantied as aforesaid, and by force and fraud to establish
another government and constitution of government in its stead ; which
endeavor, by the blessing of God, hath been wholly unsuccessful: so that
the people of this State now, as heretofore, are in the full enjoyment of
regulated American constitutional liberty, under a new republican form
and constitution of government, by them legally, peaceably, and freely
adopted, and according to which, the government of this State is now,
and hath for some time past been, settled and carried on with the full
consent of the people thereof:

And whereas Samuel Steere, Olney Ballou, Otis Wood, Cyrus Brown,
Levi C. Eaton, George C. Carr, Anson Potter, Isaac Wilkinson, Eddy
12

170 Rep. No. 581.

Keech, Gladding O. Thompson, Adams Park, James Angell, Cyrus
Farnum, William Steere, David Wilbur, James Harkness, Pardon An-
gell, William Smith, Thomas Buffum, Ariel Ballon, Fenner Brown,
William Latham, Joseph T. Sisson, Jonathan Cole, Niles Westcott, and
Richard Mowry, styling themselves " democratic members of the Rhode
Island legislature," and actually representing in the Senate and House
of Representatives of this General Assembly certain towns of this State,
in plain violation of their oaths of office, whereby they solemnly engaged
to be true and faithful to this State, and to support the constitution
thereof, have addressed and transmitted a memorial to the House of Rep-
resentatives of the Congress of the United States, now in the city of
Washington convened, requesting, amongst other things, "the House of
Representatives to inquire whether the members of said House from the
State of Rhode Island are entitled to their seats; inasmuch as a large
number of persons entitled, under the people's constitution, to vote at
their elections were excluded from the polls, and the electors were de-
barred from voting for candidates in opposition, under said constitution;"
and have thereby invoked the said House of Representatives to exclude
the Representatives of this State in the Congress of the United States
from their seats in said House, upon the ground that another constitution
of government, heretofore treasonably attempted to be intruded upon this
State, is the true and lawful constitution thereof, and that the elections of
said Representatives were invalid, because not held and conducted ac-
cording to the provisions of said pretended constitution; and further re-
questing " the Congress of the United States to execute to this State the
guaranty in the national constitution of a republican constitution in favor
cf that which was rightfully and duly adopted in this State in December,
one thousand eight hundred and forty-one, and established and carried
into effect by the organization of a government under it in May, one
thousand eight hundred and forty-two ;" and have thereby invoked the
force of the United States to destroy the government and constitution of
government, and usurp the powers of the people of this State, and to in-
trude upon this State the pretended constitution of government treasona-
bly attempted to be established therein as aforesaid: And whereas the said
House of Representatives of the said Congress have received, enter-
tained, and discussed said memorial, and referred the same to a special
committee, and have conferred upon said committee full and unrestricted
power to call for persons and papers, and thus to inquire into all the mat-
ter in said memorial contained, refusing or neglecting # limit said power
of inquiry, or to specify for what purpose or to what e»d in said memorial
prayed for and set forth :

Now, therefore, lest silence in the premises should be construed into
acquiescence in any action which said House of Representatives hath
taken, or which said House, or the Congress of tfce United States, shall
take therein, and a precedent be established dangerous to the freedom
and sovereignty of this State and of the other States of this Union, the
General Assembly of the State of Rhode Island and Providence Planta-
tions, here, in special session duly convened, on the part and in the be-
half of the people of said State, do most solemnly PROTEST —

First. Against the right of the Congress of the United States, or of
either House thereof, now to decide or inquire whether the late charter
government of this State was republican in its form, the same having

Rep. No. 581. 171

been the form of government under which this State declared its freedom
and independence, and, with the other States of this Union, the freedom
and independence of the United States, was admitted and entered into
the union of States under the articles of confederation and perpetual
union, and afterwards under the constitution of the United States; said
form of government, as republican, having been recognised and guar-
antied to this State by the United States, in and by the constitution
thereof.

Second. Against the right of the Congress of the United States, or of
either House thereof, to decide or inquire into the question whether the
said pretended constitution for this Stale, called the people's constitution,
traitorously attempted to be set up in this State as aforesaid, or the con-
stitution of this State, legally, peaceably, and freely adopted by the peo-
ple thereof on the twenty-first, twenty-second, and twenty-third days of
November, in the year of our Lord one thousand eight hundred and forty-
two, is the lawful constitution of this State; and whether the Represen-
tatives of this State in the Congress of the United States are entitled to
their seats therein, so far as their right to said seats depends upon, or is
involved in said question, as wholly beyond the right, power, and juris-
diction of Congress, or of either House thereof, and grossly violative of
rights expressly reserved to the people of this State by the constitution of
the United States ; the said question having been finally decided by the
people of this State, and the government of this State having been ac-
tually settled, and being now actually administered under and by virtue
of the constitution of this State, legally, peaceably, and freely adopted by
the people thereof as aforesaid, and the same constituting a republican
form of government for this State.

Third. Against the doing or agitation by Congress, or by either House
thereof, of any act, matter, or thing, concerning the government of this
State and the constitution thereof, calculated to stir up and excite anew
rebellion, insurrection, and war therein, or to excite against this State, and
the people and government thereof, the ill-will of the people and govern-
ments of our sister States, as a gross violation of the spirit of our common
Union and constitution, plainly tending to disturb our domestic tran-
quillity, and an infringement of the guarantee by the United States, in the
constitution thereof, of the existing republican form of government of this
State.

And this General Assembly would remind the people and Congress of
the United States, and the people and authorities of the several States of
this Union, that, though the people of this State, ever jealous of their
right of domestic government and internal police, were the last of the old
thirteen States which adopted the constitution of the United States, they
have ever faithfully maintained and observed the same, and in seasons of
peril have never been found wanting to the common cause ; and confi-
dently trusting that the men of Rhode Island are not degenerate from
the spirit of their honored sires, in view of the premises, do solemnly

Resolve, (on the part and in the behalf of the people of this State,) That
we will, to the utmost and by every means in our power, defend our right
to govern ourselves, and to uphold our present constitution of internal
government, until the same be legally changed in the mode therein pro-
vided, against all encroachment and opposition whatsoever, and accord-
ing to the rights of this State expressly reserved and guarantied to this

172 Rep. No. 581.

State and to the people thereof by the constitution of the United States ;
and do further

Resolve, That his excellency the Governor be requested to transmit a
copy of this our protest and declaration to the President of the United
States, and, through our Senators and Representatives, to each House of
the Congress of the United States ; that his excellency be also requested
to address and transmit a copy thereof to the Governor of each of the
States of this Union, with a request that the same be laid before the legis-
lative assemblies of their respective States at the earliest session thereof;
and do further

Resolve, That our Senators and Representatives be requested to urge
this our protest and declaration upon the attention of the respective
Houses of Congress to which they belong.

True copy— witness, HENRY BOWEN, Secretary.

U.S. Congress. House.
Select Committee on Rhode
•4 Island

Rhode Island in 1842
1844

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