That this committee, thus authorized, issued a request for a meeting of the male citizens in the several towns to appoint delegates to the 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 convention were, according to their own estimate, about 7,200, whereas the whole number of male citizens over 21 years of age, after making a deduction for foreigners, paupers, etc., was, according to their own estimate, over 22,000. That this convention, thus constituted, convened in Providence in October, 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 onethird of the voters, according to their own standard of qualification), all males over 21 years of age were admitted to vote for the adoption of the people's constitution; that these meetings were not under any presiding officer whose legal right or duty it was to interpose any check or restraint as to age, residence, property, or color. By the fourteenth article of this 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;" "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 convened 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 9,000 votes were received from the hands of the voters in the open meetings. By the privilege granted to any and all friends of the constitution of bringing into their meetings the names of voters during the three following days 5,000 votes more were obtained, making an aggregate of about 14,000 votes. This constitution, thus originating and thus formed, was subsequently declared by this convention to be the supreme law of the land. By its provisions a government is to be organized under it, by the choice of a governor, lieutenant-governor, senators and representatives, on the Monday preceding the third Wednesday in April, 1842. By the provisions of the "landholder's constitution," as the legal constitution is called, every white native citizen possessing the freehold qualification, and over 21 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 21 years who has resided in this State for one 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 March last the legal constitution, 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 votes, the number of votes polled being over 16,000. 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 vote 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 constitution, it would leave the number of the friends of the people's constitution 7,600, or about 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 constitution in the State, animated as they are by a most extraordinary and enthusiastic feeling; and yet upon this trial, in the usual open and fair way of voting, they should have obtained not over 7,600 votes. The unanimity of the subsequent action of the legislature, comprehending as it did both the great political parties-the house of representatives giving a vote of 60 in favor of maintaining the existing government of the State and only 6 on the other side, with a unanimous vote in the senate the unanimous and decided opinion of the supreme court declaring this extraordinary movement to be illegal in all its stagės (see *), a majority of that court being of the Democratic party, with other facts of a similar character, 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 and fundamental principles of government, we deem it our duty to remind you of the fact that the existing government of Rhode Island is the government that adopted the Constitution 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 de jure, and is the only government in that State entitled to the protection 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 assertion, but by proof, in order to justify the General Government in withdrawing its legal and moral influence to prevent domestic violence? That a domestic war of the most furious character will speedily ensue unless prevented by a prompt expression of opinion here can not be doubted. In relation to this, we refer to the numerous resolutions passed at meetings of the friends of the people's constitution, and more especially to the Cumberland 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. WASHINGTON, April 11, 1842. His 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 me, both verbally and in writing, in possession of the prominent facts which have led to the present unhappy condition of things in Rhode Island-a state of things which every lover of peace and good order must deplore. I 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 municipal 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 with domestic violence, or may be in actual 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. * Omitted. By the fourth section of the fourth article of the Constitution of the United States it is provided that "the United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the legislature or executive (when the legislature can not be convened), against domestic violence." And by the act of Congress approved on the 28th February, 1795, it is declared "that in case of an insurrection in any State against the government thereof it shall be lawful for the President of the United States, upon application of the legislature of such State or by the executive (when the legislature can not be convened), to call forth such numbers 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 President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a reasonable time." By the act of March 3, 1807, it is provided "that in all cases of insurrection or obstruction to the laws, either of the United States or of any individual State or Territory where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection or of causing the laws to be duly executed, it shall be lawful for him to employ for the same 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 those high and most important of constitutional and legal functions. 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 themselves to their respective abodes. I have, however, to assure your excellency 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 guaranteed to each State by the Constitution and laws, I shall not be found to shrink from the performance 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 accordance with the wishes of any portion of her citizens. To throw the Executive 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 dangerous alike to the stability of the State governments and the liberties of the people. It will be my duty, on the contrary, to respect the requisitions of that government which has been recognized as the existing government of the State 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 people of the State. 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 government under which their fathers lived in peace would not in due season redress. 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 can not 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, and likely to bring so much discredit on the character of popular governments. My reliance on the virtue, intelligence, and patriotism of her citizens is great and abiding, and I will not doubt but that a spirit of conciliation will prevail over rash councils, that all actual grievances will be promptly redressed by the existing government, and that another bright example will be added to the many already prevailing among the North American 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 consideration. His Excellency JOHN TYLER, President of the United States. JOHN TYLER. NEWPORT, R. I., May 4, 1842. SIR: I transmit herewith certain resolutions passed by the general assembly of this State at their session holden at Newport on the first Wednesday of May instant. You are already acquainted with some of the circumstances which have rendered necessary the passage of these resolutions. Any further information that may be desired will be communicated by the bearers, the Hon. Richard K. Randolph, speaker of the house of representatives, and Elisha R. Potter, esq., a member of the senate of this State. I can not allow myself to doubt but that the assistance to which this State is entitled under the Constitutica of the United States, to protect itself against domestic violence, will be promptly rendered by the General Government of the Union. With great respect, I am, Your Excellency's humble servant, SAM. W. KING, Governor of Rhode Island. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, Whereas a portion of the people of this State, for the purpose of subverting the laws and existing government thereof, have framed a pretended constitution, and for the same unlawful purposes have met in lawless assemblages and elected officers for the future government of this State; and Whereas the persons so elected in violation of law, but in conformity to the said pretended constitution, have, on the 3d day of May instant, organized themselves into executive and legislative departments of government, and under oath assumed the duties and exercise of said powers; and Whereas in order to prevent the due execution of the laws a strong military force was called out and did array themselves to protect the said unlawful organization of government and to set at defiance the due enforcement of law: Therefore, Resolved by the general assembly, That there now exists in this State an insur rection against the laws and constituted authorities thereof, and that, in pursuance of the Constitution and laws of the United States, a requisition be, and hereby is, made by this legislature upon the President of the United States forthwith to interpose the authority and power of the United States to suppress such insurrectionary and lawless assemblages, to support the existing government and laws, and protect the State from domestic violence. Resolved, That his excellency the governor be requested immediately to transmit a copy of these resolutions to the President of the United States. True copy. The GOVERNOR OF THE STATE OF RHODE ISLAND. HENRY BOWEN, WASHINGTON, May 7, 1842. SIR: Your letter of the 4th instant, transmitting resolutions of the legislature 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 authority and power of the United States to suppress such insurrectionary and lawless assemblages and to support the existing government and laws and protect the State from domestic violence," was handed me on yesterday by Messrs. Randolph and Potter. I have to inform your excellency in reply that my opinions as to the duties of this Government to protect the State of Rhode Island against domestic violence remain unchanged. Yet, from information received by the Executive since your dispatches 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 at 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 I have from the first felt persuaded that your excellency and 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 themselves 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 influence of public opinion, and by recourse to argument and remonstrance, are more likely to insure lasting blessings than those accomplished by violence and bloodshed on one day, and liable to overthrow 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, I have to assure your excellency that if resistance be made to the execution of the laws of Rhode Island by such force as the civil power shall be unable to overcome, it will be the duty of this Government to enforce the constitutional guarantya guaranty given and adopted mutually by all the original States, of which number 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 an exigency of lawless violence 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 authorities of the State in heir efforts to maintain a due respect for the laws. I sincerely hope, however, that 1 |