great people, when they reflect that "the mob," "the rabble," the very "froth and foam of society," were capable of acts and resolutions, such as are herein presented? And should the actions and sentiments of the wisest, and the greatest, be then called for, how would be the climax, crowned, or inverted? It is a blessed thought that man, though he compel into his service the force of LEGION, cannot annihilate a single ray of truth. Whatever is true and Whatever is good, will live, for only such has life. CHAPTER VI. THE PEOPLE'S CONSTITUTION. con IT has often been said by our opposers, that they had no objection to a change of government, provided it be done LEGALLY - that is, by themselves trary to their own selfish interests, and long-settled determination. Let me ask by what law these United States, then British Colonies, threw off the yoke, and abrogated the law of their rightful sovereign? By what, but the indestructible Law of Nature, written intelligibly within their own souls? a law which is legible in the erect bearing and upward visage of man by which he proves himself invested with a right, which no despotism can destroy the right to participate in the government of the community of which he is a member? By what authority were the Articles of Confederation, and the Declaration of Independence framed? By what but the God-given authority of Reason in every man, which tells him that he has an inherent right to regulate all matters which affect his life, liberty, or happiness? By what right was the War of the Revolution prosecuted, but by the right of Manhood to be free? a war in which Rhode Island first poured out an offering of blood upon the altar of our young Liberty! And are we, alone, of all the people of this Union, to be defrauded of that right, which our Fathers bled to establish? Are we to be bond-slaves in this, the beautiful land of our nativity? It shall not be. Our course is onward. No one can arrest our progress, but by a direct violation of every principle which an American holds dear of every principle which the Apostles of Freedom in all ages, and in every clime, have held sacred! Such was the tone of question and of answer, which flashed like rays of light from a newly-discovered star, from heart to heart, and from soul to soul, as the men of Rhode Island, in their original and sovereign capacity, went forth to their great work the framing of a State Constitution, which should be just and equal in all its provisions. On the 24th of July, the State Committee issued their CALL, to all the Towns in the State, requesting them to elect delegates as nearly as possible, according to the proportion of one to every thousand inhabitants, to assemble at Providence, in October, for the purpose above named-all male citizens 21 years of age, who had resided in the State one year, being permitted to vote for Delegates. In obedience to the call, meetings were held in nearly all the towns in the State; and on the 28th of August the election of Delegates took place, they being divided into eleven committees, to which different departments of the great work were assigned. They were as follows: No. 1. On Declaration of Principles and Rights. Ariel Ballou, Chairman. No. 2. On Electors, the Right of Suffrage, and Elections. Thomas W. Dorr, Chairman. No. 3. On the Legislative Department. John A. Brown, Chairman. No. 4. On the House of Representatives. John R. Waterman, Chairman. No. 5. On the Senate. Pardon Spencer, Chairman. No. 6. On the Executive Department. Daniels, Chairman. No. 7. On the Judiciary. Chairman. David Samuel Y. Atwell, No. 8. On Elections. Oliver Chace, jr., Chairman. No. 9. On Amendments of the Constitution. Welcome B. Sayles, Chairman. No. 10. On General Provisions. Dutee J. Pearce, Chairman. No. 11. On the Meetings of the Legislature. Joshua B. Rathbone, Chairman. A large majority of the appointed Delegates assembled in Convention, at Providence, on the 4th day of October; and after having drafted the plan of a Constitution, they adjourned until the ensuing month, in order that the subject of their labors might be submitted to the test of public opinion, and freely canvassed by the people. The Convention reassembled in November, and after making several amendments, finally passed upon the Constitution, and on the 18th adjourned. The PEOPLES' CONSTITUTION was submitted, for rejection or adoption, to the adult male population, who were citizens of the United States, and were permanent residents of the State, on the 27th, 8th, and 9th of December, and on the three succeeding days;* and on the 13th of January, 1842, the same was declared to be ADOPTED, by a very large majority. * See People's Constitution, Article XIV. Reserving all remarks for a future chapter, I proceed to lay before you the Instrument in question, that it may speak for itself. CONSTITUTION Of the State of Rhode Island and Providence Plantations, as finally adopted by the Convention of the People assembled at Providence, on the 18th day of November, 1841. WE, The PEOPLE of the State of Rhode Island and Providence Plantations, grateful to Almighty God for His blessing vouchsafed to the "lively experiment" of Religious and Political Freedom here "held forth" by our venerated ancestors, and earnestly imploring the favor of his gracious Providence toward this our attempt to secure, upon a permanent foundation, the advantages of well ordered and rational Liberty, and to enlarge and transmit to our successors the inheritance that we have received, do ordain and establish the following CONSTITUTION of Government for this State. 66 ARTICLE I. DECLARATION OF PRINCIPLES AND RIGHTS. 1. In the spirit and in the words of ROGER WILLIAMS, the illustrious Founder of this State, and of his venerated associates, WE DECLARE, "that this government shall be a DEMOCRACY," or government of the PEOPLE, "by the major 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 conscience, 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 inalienable Rights; among which are life, liberty, the acquisition of property, and the pursuit of happiness. Government 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 property, 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. All free governments are founded in their authority, and are established for the greatest good of the whole number. The PEOPLE have therefore an inalienable 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, whenever their safety or happiness requires. 4. No favor or disfavor ought to be shown in legislation toward The any man, or party, or society, or religious denomination. laws should be made not for the good of the few, but of the many; and the burdens of the State ought to be fairly distributed among its citizens. 5. The diffusion of useful knowledge, and the cultivation of a sound morality, in the fear of God, being of the first importance in a Republican State, and indispensible to the maintenance of its liberties, it shall be an imperative duty of the Legislature to promote the establishment of Free Schools, and to assist in the support of Public Education. He 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. ought to obtain right and justice 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 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 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 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 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 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 expense, 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, |