llected essentially in the same manner, supervised by the same
officers, under the same guards against force and fraud, collusion and
misrepresentation, as are usual in voting for State or United States
officers.
We see, therefore, from the commencement of the government under which
we live, down to this late act of the State of New York, one uniform
current of law, of precedent, and of practice, all going to establish
the point that changes in government are to be brought about by the will
of the people, assembled under such legislative provisions as may be
necessary to ascertain that will, truly and authentically.
In the next place, may it please your honors, it becomes very important
to consider what bearing the Constitution and laws of the United States
have upon this Rhode Island question. Of course the Constitution of the
United States recognizes the existence of States. One branch of the
legislature of the United States is composed of Senators, appointed by
the States, in their State capacities. The Constitution of the United
States[1] says that "the United States shall guarantee to each State a
republican form of government, and shall protect the several States
against invasion; and on application of the legislature, or of the
executive when the legislature cannot be convened, against domestic
violence." Now, I cannot but think this a very stringent article,
drawing after it the most important consequences, and all of them _good_
consequences. The Constitution, in the section cited, speaks of States
as having existing legislatures and existing executives; and it speaks
of cases in which violence is practised or threatened against the State,
in other words, "domestic violence"; and it says the State shall be
protected. It says, then, does it not? that the existing government of a
State shall be protected. My adversary says, if so, and if the
legislature would not call a convention, and if, when the people rise
to make a constitution, the United States step in and prohibit them,
why, the rights and privileges of the people are checked, controlled.
Undoubtedly. The Constitution does not proceed on the _ground_ of
revolution; it does not proceed on any _right_ of revolution; but it
does go on the idea, that, within and under the Constitution, no new
form of government can be established in any State, without the
authority of the existing government.
Admitting the legitimacy of the argument of my learned adversa
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