ts continuance in the Union and its recognition as a State down
to May, 1843, when the constitution now in force was adopted. Here let
it be particularly remarked, that Congress admitted Rhode Island into
the Constitution under this identical old charter government, thereby
giving sanction to it as a republican form of government. The defendant
then refers to all the laws and proceedings of the Assembly, till the
adoption of the present constitution of Rhode Island. To repel the case
of the defendant, the plaintiff read the proceedings of the old
legislature, and documents to show that the idea of changing the
government had been entertained as long ago as 1790. He read also
certain resolutions of the Assembly in 1841, memorials praying changes
in the constitution, and other documents to the same effect. He next
offered to prove that suffrage associations were formed throughout the
State in 1840 and 1841, and that steps were taken by them for holding
public meetings; and to show the proceedings had at those meetings. In
the next place, he offered to prove that a mass convention was held at
Newport, attended by over four thousand persons, and another at
Providence, at which over six thousand attended, at which resolutions
were passed in favor of the change. Then he offered to prove the
election of delegates; the meeting of the convention in October, 1841,
and the draughting of the Dorr constitution; the reassembling in 1841,
the completion of the draught, its submission to the people, their
voting upon it, its adoption, and the proclamation on the 13th of
January, 1842, that the constitution so adopted was the law of the land.

That is the substance of what was averred as to the formation of the
Dorr constitution. The plaintiff next offered to prove that the
constitution was adopted by a large majority of the qualified voters of
the State; that officers were elected under it in April, 1842; that this
new government assembled on the 3d of May; and he offered a copy of its
proceedings. He sets forth that the court refused to admit testimony
upon these subjects, and to these points; and ruled that the old
government and laws of the State were in full force and power, and then
existing, when the alleged trespass was made, and that they justified
the acts of the defendants, according to their plea.

I will give a few references to other proceedings of this new
government. The new constitution was proclaimed on the 13th of Jan