The Congressional Globe, Volume 13, Part 2: Twenty-Eighth Congress, First Session Page: 328
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328
APPENDIX TO THE CONGRESSIONAL GLOBE.
March, 1844.
28th Cong 1st Sess.
Rhode Island Memorial—Mr. Mc Clernand.
H. of Reps.
reporting the resolution upon which this debate has
arisen, I took an humble part in bringing it forward,
and hence am in some degree responsible for the '
measure. This circumstance alone, I confess, would
hardly justify me in claiming the attention of the
House to the exclusion of others more competent to
do the subject justice; but when in this connexion
it is remembered that the report of the committee
and its friends have been assailed and denounced,
without cause, without provication, for doing what
they could not omit without culpability, I trust I
shall stand excused, if not justified, in so doing.
Our opponents have thrown down the gauntlet; we
fear not to take it up. We would regret to see the
question made political; but if it must be so, then let
tha conflict come—our motto shall be
"Lay on, Macduff",
"And damned be he who first cries hold! enough!"
But waiving this aspect of the question for the pres-
ent, I will proceed to the discussion of its true
merits..
Objection has been made by the gentleman from
Tennessee, [Mr. Cave Johnson,] who I am sure
cannot be opposed to the object of the resolution,
that it is improper to authorize committees of the
House to send for persons and papers; and this ob-
jection has been repeated by others hostile to the
resolution. But, sir, is it well founded? It is not.
I find the same power was granted in numerous in-
stances during the 27th Congress, and in one in-
stance upon the application of the gentleman from
Tennessee himself. If, therefore, it be refused now,
the effect will be to make this a case of peculiar
merit, an exception to the general rule. I hope this
will not be done: if, however, it shall be, then dis-
charge the committee from the further consideration
of the subject; for without the power, it would be
worse than useless to spend time upon it.
The question pending covers a broad field of in-
quiry. It involves numerous facts, as well as grave
and important principles. It grasps not only the
fundamental principles of civil government, but also
t.hose great and inestimable rights which constitute
the title to man's divinity—which verify the fact of
his creation in the image of his God. In discussing
it, we are met at the threshold with the objection
that the House has no jurisdiction of the subject-
matter. To determine the validity of this objection,
it is necessary that reference should be had to the
memorial which forms the basis of the proposed in-
vestigation. The memorial is signed by twenty-six
members of the legislature of the State of Rhode
Island; and, among other things, charges that in
3841, "previously to the election of a government
under the people's constitution, the President of the
United States issued a letter to the governor then
acting under the charier laws, in which he under-
takes to prescribe the mode of proceeding to amend
the institutions of a State, and declares, m effect, that
the only valid change must be made by the authori-
ties and the people—placing the authorities before the
people."
It also charges that he "conveyed the threat of an
intervention with the forces of the United States, in
ease the proceedings of the people to set up their gov-
ernment should be persisted in;" and that "they be-
lieve and affirm that this interference of the Presi-
dent in the affairs of a State, small in territory, easy
of access, with an imperfect military organization,
and incapable of itself of resisting a powerful attack
from abroad, had the effect of overawing the people,
and of, strengthening the adverse party; and that it
mainly caused the overthrow of the people's consti-
tution and government."
Now, Mr. Speaker, the President is not only po-
litically amenable to the people for the faithful ad-
ministration of his office, but he is also liable to im-
peachment by this House; and upon conviction by
the Senate of certain crimes, must be removed from
office. The charges here alleged against him are
of the most serious and flagitious character. If they
be true—which I do not pretend to insinuate or as-
sert, for I know not—he is not guilty of treason
against the government, to be sure; but he is guilty
of treason against the rights and majesty of man. He
stands in defiance of the laws of nature as they re-
gard man; and in assuming to himself the right to
interfere by force in the internal affairs of a State,
has announced a principle, the practical operation of
which would be to strike down the sovereignty and
independence of the States, and to clothe the execu-
tive with the absolute and unlimited powers of a
military dictator. His discretion would become the
source of the people's rights, reversing the relation
0 principal and agent, and gf master and ser-
vant, as proclaimed by the declaration of independ-
ence, and confirmed by our constitutions arid bills of
rights. Gentlemen who have preceded me on the
other side, claim for the President the power to em-
ploy the military force of the country to suppress
insurrection and domestic violence in a State, and under
this power seek to justify his alleged interference
to suppress the constitution established by a major-
ity of the people of Rhode Island. The answer to
this is, that even if he possessed the power, yet it
would not extend to the present case. The will of
the majority, according to the republican principle,
whether in establishing or administering govern-
ment, is the soverign and supreme power of a State.
The will of a majority in Rhode Island had been
expressed in favor of a new constitution of govern-
ment; and hence, if the President interfered in favor
of a minority to suppress the constitution, he exer-
cised not his constitutional power to suppress insur-
rection and violence in a State, but in effect to aid
and abet them.
The constitutional provision requiring the United
States to protect each State against domestic vio-
lance, never meant that the President was authorized
to interfere in a question of civil liberty in favor of
a minority government against a majority sovereignty.
Its object is to secure obedience to the laws of a
government deriving its authority from the consent
of thepeople, and at least of a majority of the people.
The error of the President, if he interfered at all,
was in setting the civil authorities of the State above
the people, who are the source of all m li authority,
and who may, at their pleasure, make and unmake
their civil institutions.
It is proper, therefore, that the inquiry should be
made, whether the President has intefered, as
charged in the memorial, in the domestic affairs of
a State. A sacred regard for the constitution, and
the inalienable rights of the people, require it; and,
to enable this to be done, the committee must be au-
thorized to send for persons and papers.
The gentleman from Rhode Island [Mr. Cran-
ston] has denounced the memorial "as infamous
and false in every word." It would be more be-
coming that some gentleman representing the peo-
ple of that devoted State should undertake to de-
fend the authors of the memorial, and those for
whom they speak, against so gross and injurious an
imputation; but none has done so. It is, perhaps,
because the fatal blow which prostrated their rights
at home has left them without a voice upon this
floor. If so, although a stranger to the people of
Rhode Island, I hope I may be permitted to per-
form the duty myself. The memorial, speaking of
the grievances of the people of the State, sets forth
that a constitution was ordained by the people,
which was suppressed by force; that a riot act was
enacted by the charter legislature, which prohibited
the people from "assembling to ask redress of their
grievances;" that martial law was enforced, by
which the chartists were authorized to enter private
dwellings, and to arrest the citizen upon suspicion,
as was done in many instances. It alleges these
and many other grievances, too numerous here to
mention.
From an examination of the history of the diffi-
culties in Rhode Island, I find all these charges to be
true, painfully true, notwithstanding the broad and
unqualified denial of the representative from that
State, [Mr. Cranston.] The chartists of that State,
by an act approved m March, 1842, intended to
suppress the "people's constitution," by preventing
an organization of government under it, prohibited
all elections under it, and subjected all persons act-
ing as j udges 01' clerks of election under it, to in-
dictment, and to "fine not exceeding one thousand dol-
lars, nor less than five hundred dollars, and to im-
prisonment for the term of sir monthsand all per-
sons who should signify their willingness to accept
office, or permit their names to be used as candidates
for office under the "people's constitution," to pun-
ishment by indictmentin a fine of two thousand dol-
lars, and to imprisonment for the term of one year.'"
And all persons who, under such elections, should as-
sume to exercise any of the executive, legislative, or
judicial offices of the government, to "imprisonment
for life," as being guilty of the crime of "treason
against the State." Under this law Martin Luther,
—a name now endeared to civil as well as religious
liberty—was indicted by the charter authorities for
acting as judge of an election; and upon arraignment
and trial before a chartist court and jury, was con-
victed of the offence.
The following are the proceedings of the court
upon the verdict of the jury:
Chief Justice Durfee. Does the defendant ask for any de*
lay''
Mr. Luthur. No. I have no wish for delay ; this time is
as good as any.
Chief Justice Duifie. Sentence shall be immediately
drawn up.
Chief Justice. We impose upon the defendant the least
punishment the law will admit. Ifhe wouldha\u anj miti-
gation of the sentence, he must go to the general assembly,
taking the recommendation of the jury with him.
The sentence was then read by the clerk:
That the suitl Mm tin Luther pay the State a fine of $500,
an it be imyrnaTieil far the term of six months.
Mr. Luther was then taken taken to the Bristol jail, con-
formably to his sentence.
And thus a man seeking, without pay or emol-
ument, to secure the rights of the people, has fallen
a martyr to liberty. The memory of Martin Luther
will be venerated and respected by posterity when
the names of his oppressors shall be remembered
only to be loathed and execrated.
Thomas W. Dorr, late Governor of the State of
Rhode Island under the people's constitution, after
having been driven from the State for some two
years, now stands indicted for treason under the
same bloody act, fgr assuming to exercise the office of
governor under the "people's constitution." For
months past he has been confined in a loathsome
and offensive prison. Lately he was brought before
the same court at Newport, and notwithstanding his
offer to waive his right of pleading to the jurisdic-
tion of the court, that lie might obtain a speedy tri-
al, a.trial was denied him; and he was remanded to
prison, there to remain until the court can find it
convenient to give him a trial. I know, sir, it has
been stated by the other gentleman from Rhode Isl-
and, [Mr. Potter,] that "Mr. Dorr's trial was post-
poned, because, fearing to go to trial, he interposed
what the gentleman has chosen to denominate a
dilatory plea. But, sir, if he did plead to the juris-
diction of the court, it was his right to do so; and it
is both ungenerous and unjust to torture such a
circumstance into an imputation. Tyranny, when
whetted by revenge, is as heartless as it is terrible;
as we have abundant proof on this floor. The fact
is, that the accused, both by himself and his coun-
sel, sought an immediate trial, which, the poor priv-
ilege of being convicted at once, was denied him.
The offence of Mr. Dorr was, that he was bold
enough to reiterate the sentiments contained in
the declaration of independence, " that all men
are created free and equal; that they are en-
dowed by the Creator with certain unalienable
rights; that among these are life, liberty, and
the pursuit of happiness; that, to secure these
rights, governments are instituted among men, de-
riving their just powers from the consent of the
governed; that, whenever any form of government
becomes destructive of these ends, it is the right of
the people to alter or abolish them." In a word, the
treason with which Mr. Dorr stands charged is, that
he was the friend of liberty, and the enemy oj despot-
ism. For this offence he is denounced and decried
here and elsewhere throughout the country, by the
members of a certain party. For it, he has been
banished from his fireside and his friends, from the
land of his nativity, and the home of his fathers.
For it, he has been shackled as a felon, and im-
prisoned among felons. And for it, he is to be
branded with the crime of treason, and is to be
doomed to the gloomy walls of the prison, there to
linger out in pain and misery the remnant of a noble
life. "0! shame, where is thy blush?" The God
of the universe, who has created man in his own
image, and for his own glory, who has proclaimed
him a moral agent free to think and to act, will vin-
dicate his high purposes, and overtake the puny
rebels against his authority with a retribution which
shall be just and exemplary. Russell, and Hamp-
den, and Sydney, fell the victims of tyranny and the
martyrs of liberty; but their lives have been expiated
by toppling thrones and the smoking blood of kings.
Their noble virtues yet live green in the memories of
men, and will continue to do so as long as virtue and
liberty shall find a place in the bosoms of men.
Algernon Sydney was beheaded because he said
that tyrants ought to be deposed—as in the cases
of Nero and Caligula—and because he published the
bold treason, "that all civil authority is derived from
the people." Dorr is to be branded with treason
and to be consigned to perpetual imprisonment be-
cause he has published the bold heresy that "the
people are sovereign, and may change their civil in-
stitutions by the same right they create them." The
learned doctors of the University of Oxford declared,
on the day Sydney was beheaded, every principle
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United States. Congress. The Congressional Globe, Volume 13, Part 2: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2368/m1/338/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.