m the scene of action. The former government, the
Charter government, as it was sometimes styled, resumed undisputed
control, went on in its ordinary course, and the peace of the State was
restored.
But the past had been too serious to be forgotten. The legislature of
the State had, at an early stage of the troubles, found it necessary to
pass special laws for the punishment of the persons concerned in these
proceedings. It defined the crime of treason, as well as smaller
offences, and authorized the declaration of martial law. Governor King,
under this authority, proclaimed the existence of treason and rebellion
in the State, and declared the State under martial law. This having been
done, and the ephemeral government of Mr. Dorr having disappeared, the
grand juries of the State found indictments against several persons for
having disturbed the peace of the State, and one against Dorr himself
for treason. This indictment came on in the Supreme Court of Rhode
Island in 1844, before a tribunal admitted on all hands to be the legal
judicature of the State. He was tried by a jury of Rhode Island, above
all objection, and after all challenge. By that jury, under the
instructions of the court, he was convicted of treason, and sentenced to
imprisonment for life.
Now an action is brought in the courts of the United States, and before
your honors, by appeal, in which it is attempted to prove that the
characters of this drama have been oddly and wrongly cast; that there
has been a great mistake in the courts of Rhode Island. It is alleged,
that Mr. Dorr, instead of being a traitor or an insurrectionist, was the
real governor of the State at the time; that the force used by him was
exercised in defence of the constitution and laws, and not against them;
that he who opposed the constituted authorities was not Mr. Dorr, but
Governor King; and that it was _he_ who should have been indicted, and
tried, and sentenced. This is rather an important mistake, to be sure,
if it be a mistake. "Change places," cries poor Lear, "_change places_,
and _handy-dandy_, which is the justice and which the thief?" So our
learned opponents say, "Change places, and, _handy-dandy_, which is the
governor and which the rebel?" The aspect of the case is, as I have
said, novel. It may perhaps give vivacity and variety to judicial
investigations. It may relieve the drudgery of perusing briefs,
demurrers, and pleas in bar, bills in equity and answers, and i
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