framed the constitution of the United States, and afterwards one of the judges of the Supreme Court, says, "Of the right of a majority of the whole people to change their government at will there is no doubt." Again he says, "The people may change their constitution whenever and however they please."

The late Hon. Thomas H. Benton said in the Senate of the United States, "The people of any state may at any time meet in convention without a law of their legislature, and without any provision, or against any provision, in their constitution, and may alter or abolish the whole frame of government as they please."

no

The convention which formed the present constitution of the State of Virginia, by a vote of sixty-eight to twenty-five, decided that clause providing for amendments should be inserted in their constitution, because it was held "that a majority of the people had the power at any time and in any manner they pleased to amend that constitution, or make a new one." By that act sixty-eight men, nearly three fourths of the whole number of the members of that convention, solemnly declared that the people themselves could not be bound by any constitutional provisions, but might at any time, and without any law, amend that constitution, or make a new one. Among those who voted with the majority were Chief Justice Marshall and Ex-President Madison, and, strange as it may seem, the name of John Tyler, who was afterwards president of the United States, appears in the same catalogue; and if he had not forgotten his own solemn act in that instance, he would never have been induced to lend the military forces of the United States to overthrow a constitution which a large majority of the whole people of a sovereign state had adopted.

A long catalogue of illustrious names of the highest authority might be produced to show that Mr. Dorr and the suffrage party had an undoubted right to take the course which they did in forming and adopting a constitution, and in setting up a government under it.

This step was not taken unadvisedly; it was no quixotic enterprise, or sudden ebullition of passion, nor was it occasioned by slight causes which had just transpired, but was a course to which the people were driven by a long train of abuses and insults, "all tending to the same end." The great body of those who voted for the people's constitution, honestly relying upon the justice of their cause, anticipated little or no opposition to its final accomplishment; they supposed that they were doing what they had an undoubted right to do, and they expected to receive the approbation of all intelligent men; they could not believe that a constitution, so just in its provisions, so well adapted to the condition and wants of the people, and so urgently demanded by so decided a majority, would be resisted with the bayonet. But the result showed that they counted too much upon the honor and magnanimity of their opponents, and far too much upon their own firmness and fidelity.

CHAPTER V..

THE ALGERINE AСТ. APPLICATION TO THE PRESIDENT OF THE UNITED STATES FOR TROOPS. CORRESPONDENCE BETWEEN THE PRESIDENT AND GOVERNOR

KING, AND

OTHERS.

MESSAGE, ETC.

MR. DORR'S ELECTION.

HIS

As soon as it was ascertained that the landholders' constitution had been rejected, an extra session of the General Assembly was called, and convened in Providence, on the 28th of March, at which time the following act was passed :

An Act in relation to Offences against the Sovereign Power of this 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 artful and ill-disposed persons have, for some time past, been busy with false pretences amongst the good people of this state, and have formed, 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, inhabitants or residents of this state, or of any portion of the same, for the election of any town, 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 prescribed, are illegal and void; and that any person or persons who shall act as moderator 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 manner, receive, record, or certify votes for the election of any pretended town, county, or state officers, shall be deemed guilty of a misdemeanor, 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 six months: Provided, 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 office or offices, by virtue of any such pretended election in any such pretended 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 candidates therefor, shall be adjudged guilty of a high crime and misdemeanor, and be punished by indictment in a fine 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 purpose 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 be 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 may be 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