CONNECTICUT. "That all political power is in-services." herent in the people, and all free governments are SOUTH CAROLINA.-"WE the delegates of the peofounded on their authority, and instituted for their ple of the state of South Carolina, in general conbenefit; and that they have at all times an unde-vention met, do ordain and establish this constitution niable and indefeasible right to alter their form of for its government." government in such manner as they may think expedient." 2 T

hority, and are instituted for their peace, safety and || do, by their representatives in convention, ordain happiness."

GEORGIA. "We, the underwritten delegates of the people of the state of Georgia, chosen and authorized by them to revise, alter, or amend the powers and principles of their government."

KENTUCKY.-"WE, the representatives of the people of the state of Kentucky, in convention assembled, to secure to all the citizens thereof the enjoyment of the right of life, liberty, and property, and of pursuing happiness, do ordain and establish this constitution for its government."

"That the general, great, and essential principles of liberty and free government may be recognised and established, we declare:

"That all free men, when they form a social compact, are equal; and that no man or set of men are entitled to exclusive, separate, public emoluments or privileges."

and establish the following constitution or form of government; and do mutually agree with each other to form themsefves into a free and independent state."

ALABAMA.-"We, the people of the Alabama in order to establish justice, insure tranquility, provide for the common defence, promote the general welfare, and secure to ourselves and our posterity the rights of life, liberty, and property, do ordain and establish the following constitution, or form of government; and do mutually agree with each other to form ourselves into a free and independent state, no man or set of men are entitled to exclusive, separate public emoluments or privileges."

MISSOURI. "WE, the people do mutually agree to form and establish a free and independent republic."

MICHIGAN. "All political power is inherent in the people."

"That all power is inherent in the people, and al free governments are founded on their authority, and "Government is instituted for the protection, seinstituted for their peace, safety, and happiness: curity, and benefit of the people; and they have the For the advancement of these ends, they have at right at all times to alter or reform the same, and to all times an unalienable and indefeasible right to abolish one form of government and establish anothalter, reform or abolish their government, in sucher, whenever the public good requires it.', manner as they think proper."

TENNESSEE.—“That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends, they have, at all times, an unalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper."

"No man or set of inen are entitled to exclusive or separate privileges."

inherent in the people; and all free governments are ARKANSAS. "WE, the people that all power is founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of these ends, they have, at all times, an unqualified ght to alter, reform, or abolish their government in such manner as they may think proper."

People of Rhode Island! although your onward march to Freedom, Self Government, and the rights of the people as enjoyed by the other States of the Union, have been impeded by John Tyler and acting Governor King, &c, yet we hope and trust that you will not cease to Agitate

OHIO.-"WE, the people of the eastern division of the territory of the United States do mutually agree with each other to form ourselves into a free and independent state, by the name of The State of Ohio, to effect these ends thay have at all times a complete power to alter, reform, or abolish their government, whenever they may deem it necessary." INDIANA. "WE the representatives of the people of the territory of Indiana, in convention met, in order to establish justice, promote the welfare, and se-Agitate-Agitate--the subject until you obtain cure the blessings of liberty to ourselves and our po- free suffrage, on the broadest Democratic princiterity, do ordain and establish the following consti- ple, and also have reinstated "one Thomas W. tution or form of government, and do mutually agree Dorr" to the station the people of Rhode Island with each other to form ourselves into a free and recently elevated him to. independent state, by the name of The State of Indiana."

"All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness: for the advancement of these ends, they have at all times an unalienable and indefeasible right to alter, or reform, their government, in such manner as they may deem proper."

LOUISIANA.-"We, the representatives of the people in order to secure to all the citizens thereof the enjoyment of the rights of life, liberty, and property, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by the name of the State of Lousiana." MISSISSIPPI. "That all political power is inherent in the people, and all free governments are founded on their authority and established for their benefit; and, therefore, they have at all times an unalienable and indefeasible right to alter or abolish their form of government, in such manner as they may think expedient."

ILLINOIS. "THE people of the Illinois territory,

Should the people of Rhode Island require an additional stimulus to assert their Equal Rights, &c, we respectfully refer them to "Observations accompanied with a few extracts from Wirts Life of Patrick Henry" page 251 of this Journal.

GOVERNOR HUBBARD'S LETTER.

To Samuel W. King, acting as the Governor of the State of Rhode Island.

As the Governor of the State of New Hampshire, I have received this morning, from you by Lemuel H. Arnold, a communication under the date of the 15th inst., purporting to be a requisition upon me to cause Thomas W. Dorr, who is charged with the crime of treason, against the State of Rhode Island, who is represented as "a fugitive from justice," and who is supposed now to reside within the limits of New Hampshire, to be delivered to the said Lemuel H. Arnold, appointed by you as an agent to receive him, that the said Dorr, may be "brought into the State of Rhode

Island and dealt with as to law and justice may apportion."

by him committed against the State of Rhode Island, in your same communication, was deduced from those public acts which, "in the exercise of the office" to which he had been thus elected by the people of that Commonwealth he had publicperformed.

Having made these preliminary remarks, and having as briefly as possible, for a full understanding of the subject alluded to the character of the political contest now going on in your State, and to the principles involved in that contest, I will proceed to make such an answer to your request as I shall consider will be justified by the Constition. I may, however, premise, that I cannot fail to regard the duty devolving on me by your requisition one of the greatest importance, as going to show what the political rights belonging to man in the country and what political powers he can rightfully exercise in his sovereign capacity. In other words, "in whom does the sovereignty reside," in the people or in the government? In the sovereigns or in the agent? My answer to your requisition must conform to the opinions which I entertain upon the question just stated. I cannot admit that I am precluded from examining the authority from whence a requisition emanates, or the grounds upon which such requisition is based. I do not believe that the provision of the Constitution of the United States, relating to that subject should be considered as one having an absolute obligation upon the Executive of a State. That he is bound to comply with a requisition at all events. Such a doctrine would destroy the independence of a Chief Magistrate, and make him (perhaps against his own judgment) a mere instrument in the hands of another for the execution of his purposes. This point I shall further consider in the course of the answer.

To this communication I have given all the consideration which the limited time allowed, would enable me to bestow upon it, and which its importance would seem to demand. This exciting sub-ly ject which has for a few months past greatly disturbed the order and tranquility of the State of Rhode Island, has not been regarded by other members of the confederacy with indifference, or unimportant as connected with the principles of pouplar liberty and with the inalienable rights of man. The State of New Hampshire, ever sensitive upon these subjects which affect the independence, freedom and sovereignty of the people, has through her legislature, at its late session, expressed opinions relating to this very subject matter. And standing in the relation which I do to the people of that State, I am happy to add, that I fully concur in the sentiments contained in the report of our legislature touching this subject, a copy of which report I have placed in the hands of Mr. Arnold, your appointed agent. In the emphatic language of that document "the great question presented is, which is the true and legitimate government" of Rhode Island, that which derived its existence from the Charter of Charles the I or that which emanated from the Constitution, recently adopted by the sovereigns of the Commonwealth. "The Rhode Island controversy has started several questions not new in the days of our forefathers, but apparently forgotten by us, which can only be solved by the application of ultimate principles." It is not my purpose to incorporate into this communication, a statement of the events in the order in which they transpired, having a relation to or connection with that controversy. The public mind cannot be enlightened by any re-statement of these facts. Believing, then, as I most conscientiously do, They have become matters of public history. And that the people are the source of all political powit is well known that the necessary result of cer- er in this republic; that they have an indubitatain preliminary proceedings induced the sover- ble ans indefeasible right to reform, alter, or aboleigns of Rhode Island to appeal to what they ish government as they shall judge most conduconceived to be the "ultimate principles of Ame- cive to the public weal;" that this right may be rican freedom," and the consequences of that ap- and should be exercised by them whenever they peal was the adoption by the people of a constitu- shall consider its exercise necessary for their protion for the people. And it is also matter of pub-tection and safety, in their independent and sovlic history that this whole proceeding on the part ereign capacity, uninfluenced by the authority of of the people, has been denounced by those pre-existing government; and believing that the peotending to constitute the government of Rhode ple of Rhode Island, in the adoption of a ConstiIsland as "revolutionary and illegal," and the au- tution and in the consequent organization of a thority organized under the Charter of Charles State Government, acted in accordance with these the Second, was induced to pass an act declaring great principles, I cannot but regard the Constithe "exercise of any of the principal offices under tion they adopted, and the government they conthe People's Constitution an act of treason," and stituted, obligatory upon the people of that State; subjecting the offenders to punishment. Under and they should be respected by the authorities of that Constitution made and ratified by the people, the other States accordingly. "If the people of a State Government was organized in conformity Rhode Island possess any power-if they have to its provisions. Those charged with the public any political rights-if they may in fact live unduties were elected and sworn to the faithful per- der à government of their own choice-then the formance of their respective trusts. And it is no proper and legitimate government of that State, less a matter of public history that Thomas Wil-s," in my judgment, "that emanating from the son Dorr, a citizen of Rhode Island, was, agreeably to the requirements of the people's Constitution, elected to the office of the Chief Executive Magistrate. That he accepted that office and entered upon the discharge of its responsible duties, and there is no room to doubt that this is the same Thomas W. Dorr, to whom you have reference in your requisition, and that "the crime of treason" which you have alleged to have been

will of a majority of her citizens." From the earliest history of our republic to the present time, the abstract doctrines for which I contend, have been approved by the friends of free government.

In the language of the great charter of American liberty we find these sentiments: "That all men are created equal; that they are endowed with certain inalienable rights; that among these are life. liberty, and the nursuit of happiness;

that to secure these rights governments are instituted among men, deriving 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 to abolish it, and to institute a new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." In perfect accordance with this right of freemen, the people of Rhode Island in 1790, adopted a Bill of Rights in which she declares "that all power is vested in and derived from the people," and "the power of government may be re-assumed by the people whenever it shall be necessary to their happiness."

This is the true American doctrine, and is the chief corner stone upon which rests the superstructure of popular liberty and of equal rights. It was the doctrine of those venerated patriots who laid the foundation of this republic. It was the sentiment of Washington himself, who declares in that rich legacy which he bequeathed to freemen," that the basis of our political system is the right of the people to make and alter their Constitutions of government." In the organic law of my own State are incorporated sentiments honorable to her patriotic sires, and to which her sons will cling with unyielding pertinacity. They embrace the great principle of popular sovereignty. It says "All men are born equally free and independent; therefore all government of right originates from the people, is founded in consent, and instituted for the general good."

expressed. But it is objected that although the people possess the power "to alter, amend, and institute government," yet they cannot exercise this power without leave asked and obtained from the existing government. I cannot consider this objection well taken. If this be true, the words "original" and "unlimited," as quoted from the Supreme Court, can have no meaning. If the power be "original," it cannot certainly be derived from the existing government. If the power is "unlimited," then the existing government can have no power to enforce any limitation upon its exercise. It would be a contradiction in terms to say that the people have the right, but are not to exercise that right but at the pleasure of the government. This would be to nullify the right itself-to limit its exercise would be to destroy it— to transform liberty into slavery-to break down the dearest rights of freemen, and place in their stead the debasing doctrine of slavish dependence.

If we cannot abolish tyranny in this land of popular liberty, until the tyrant grants permission, we, in effect, give to tyranny an unlimited duration. Such a doctrine is anti-American. Here we hold that liberty is derived from the grants of no government, but is inherent in the people. As a nation we practised upon this principle when we recognised the independence of the South American republics and of Texas. Those gov ernments came into existence without leave asked of the existing government. The people of the old American States formed governments for themselves independent of other authority. In This same principle is interwoven in all our more modern time the State of Michigan was constitutions. It has become the common senti- admitted into the confederacy of States by the inment of the freemen of this free country. It was dependent and sovereign act of her own people the natural fruit of the revolutionary contest.-without the sanction of her then existing governSpeaking of civil government, Roger Williams, ment. And so it was with the people of Rhode the great apostle of liberty, says that "the sover- Island. They acted as they had an inherent right eign and original foundation lies to the people-to act in their independent and sovereign capaciwhom they must needs mean distinct from the government set up, and if so, then a people may erect and establish what form of government zeems to them most meet for their civil condition. It is evident that such governments as are by them enacted and established, have no more pow. er and for no longer time than the civil power, or people consenting and agreeing betrust them with. This is clear not only in reason, but in the experience of all commonwealths where the people are not deprived of their natural freedom by tyrants." The Supreme Court of the United States recognizes the same principle, when it says, A Constitution is the form of a government delineated by the mighty hands of the people, in which certain first principles of fundamental law are established. It is paramount to the power of the Legislature. The Legislatures are creatures of the Constitution. They derive their power from the Constitution. The Constitution is the work or will of the people themselves, in their original, sovereign, and unlimited capacity. Law is the work of the Legislature in their derivative and subordinate capacity.

Such are the authorities which I have considered necessary to present in this answer, going to show what are the political rights and what are the political powers of the people-emphatically the sovereigns of this country. They seem in my mind sufficient to justify the conclusion I have

ty. They first held a Convention of delegates chosen by the people. That Convention called another to form a Constitution; a Constitution was formed and submitted to the people, and was accepted by a majority of her adult population.When the people passed upon the Constitution, they passed all the preliminary steps by which it was brought into existence. When they adopted the Constitution, they adopted the manner, mode, and the whole process used in its establishment. It has thus become obligatory as the organic law of that Commonwealth. They not only established their form of government, but they rightfully designated.their agents to put that government into operation.

Believing in the correctness of the opinions herein before advanced, notwithstanding the objections made against them, the conclusion of the matter is, that no requisition can rightfully be made on me by any individual acting as Governor of Rhode Island, for the surrender of Thomas Wilson Dorr, who is, in my judgment, its Chief Magistrate de jure.

The acts which he did while Governor, were not in violation of any existing law in force, and in no constitutional sense can he be considered as a "fugitive from justice." It has been well said that, "A law which punishes a citizen for an innocent action, or in other words for an act which, when done, was in violation of no existing law,

is contrary to the great principles of the social | compact and cannot be considered as a rightful exercise of legislative authority." The fact that Governor Dorr was prevented by circumstances beyond his control, from continuing to exercise the functions of his office, cannot change his relation to the people of that State, or make those acts criminal which were innocent and rightful at the time. I cannot, for the reason assigned, comply with your request.

boring State, and should a requisition be made for their surrender, would it be proper to comply with such requisition, and thus aid in carrying into effect the purposes of such a faction? I think not. We were near witnessing such a state of things in Pennsylvania, but a few years since. And it may happen again whenever in this free country an attempt shall be made to set at naught the voice of the people constitutionally and lawfully expressed. Suppose the majority in a State beIt may, however, be said, that in complying comes so exasperated, that in a period of great with the second section of the fourth Article of excitement, they pass severe laws against the opthe Constitution of the United States, a Gover- posing party, who to escape persecution flee to nor of any State, on whom a requisition may be other States. Are they to be surrendered upon a made, is only to inquire who is the acting Gover-requisition, and that upon the Executive of a sovnor of the State making such requisition. This ereign State in whose jurisdiction they have taken position is unsound. In such a case the most refuge? Can this be the meaning of the Constinotorious usurper who should happen to get the tution of this free republic? Can the liberty of control for a time of any State, must be recognized the American people rest upon such a principle? by the Governors of other States, and thus they I think not. I can give no countenance or support might become his instruments to aid in executing to any such doctrine. his vengeance against those who have dared to It cannot be that the Supreme Executive of a oppose his usurpation, and who have fled from the State, when called upon to exercise his authority State for safety. I am aware that among inde- to remove a person who is within his jurisdiction, pendent powers a government "de facto" is re- is to disregard the essential principles of civil libcognized as representing the nation for the time erty. That he is not to enquire whether the perbeing. This principle rests on the necessity of son to be sent to another jurisdiction is to be punthe case, and on the ground that one nation has ished for actual crime, or merely for his opposino right to decide whether the government of tion to the will of a dominant and successful party. another is lawful or not. But, in my opinion, a I think it is not only his right, but his duty so to different rule must apply to the States which are enquire, as it is the first and highest duty of every part of one confederate republic. The entire Chief Magistrate to uphold the principles of libtheory of our system rests on the principle that erty, not only in his own jurisdiction, but in other all authority is to be rightful, and derived from States, so far as he may be called upon to do any the people the acknowledged source of all poli- official act that may affect them or their people. I tical power. Any pretended government in any cannot, therefore, with that propriety which I hope one State, not derived from this source, is no gov-ever to maintain, and with that regard to the ernment at all, and cannot be recognized either Constitution and the law which I purpose scruby the federal authorities or those of other States. pulously to observe, surrender Governor Dorr upon The lawfulness or rightfulness of political pow- your requisition, for the purpose of having him er in this country cannot be separated from the taken to your State for trial upon the charges existence of such power. If it be not rightful it made against him. I deeply regret the unhappy does not exist. So far, then, as the Constitution controversies which have for some time past exof these United States has required the authori-isted in the State of Rhode Island; and I earnestties of one State to do any act in pursuance of a requisition of the authorities of another State, it imposes upon the former the duty of deciding who are the rightful authorities of each State.

ly hope that the time is not far distant when there
shall be a restoration of entire tranquility and
order among her people.

Dated at Charlestown, this 19th day of August,
A. D. 1842.
HENRY HUBBARD,
Governor of the State of New Hampshire.

GOVERNOR MORTON'S LETTER

TAUNTON, Aug. 27, 1842. GENTLEMEN. In declining to join "The Friends of Equal Rights" from Rhode Island in their gathering at Medury Grove, on Tuesday next, I beg leave to tender to them my hearty thanks for their obliging invitation.

I have further objections to a compliance with || your request. That provision in the Constitution of the United States in regard to requisitions, does not, in my opinion, embrace political offences committed in other States. The language of that part of the second section of the fourth article of the Constitution is, "a person charged To the Suffrage Clam Bake Committee. with treason, felony or other crime." Treason here means treason against the United States, which had been defined in the last section of the preceding article--and felony and other crimes means offences known as such at common law and excludes the idea of mere political offences. Would not the consequence of applying this pro- No man has interfered less, in the recent affairs vision to political offences have a direct and in- of Rhode Island, than myself. I have had no evitable tendency to involve one State in the con- communication in relation to the great questions troversies of another? Should it so happen that which have agitated and distracted your State, a faction in any one State, by fraud or violence with any of its inhabitants, unless a very little congets possession of the Government in palpable vio-versation with some of the friends of the old Charlation of the Constitution, and should pass arbi- ter Party be an exception. I have, I trust, been an trary laws making it penal and even a capital of impartial observer of the passing events; but it fence to call in question their authority-and would be worse than affectation to pretend that I should their opponents flee for a refuge to a neigh-"have been an indifferent one. Every man alive to