ut I will ask attention to the report of the trial of
Dorr for treason, which took place in 1844, before all the judges of the
Supreme Court of the State. He was indicted in August, 1842, and the
trial came on in March, 1844. The indictment was found while the charter
government was in force, and the trial was had under the new
constitution. He was found guilty of treason.

And I turn to the report of the trial now, to call attention to the
language of the court in its charge, as delivered by Chief Justice
Durfee. I present the following extract from that charge:--

"It may be, Gentlemen, that he really believed himself to be the
governor of the State, and that he acted throughout under this
delusion. However this may go to extenuate the offence, it does not
take from it its legal guilt. It is no defence to an indictment for
the violation of any law for the defendant to come into court and
say, 'I thought that I was but exercising a constitutional right,
and I claim an acquittal on the ground of mistake,' Were it so,
there would be an end to all law and all government. Courts and
juries would have nothing to do but to sit in judgment upon
indictments, in order to acquit or excuse. The accused has only to
prove that he has been systematic in committing crime, and that he
thought that he had a right to commit it; and, according to this
doctrine, you must acquit. The main ground upon which the prisoner
sought for a justification was, that a constitution had been
adopted by a majority of the male adult population of this State,
voting in their primary or natural capacity or condition, and that
he was subsequently elected, and did the acts charged, as governor
under it. He offered the votes themselves to prove its adoption,
which were also to be followed by proof of his election. This
evidence we have ruled out. Courts and juries, Gentlemen, do not
count votes to determine whether a constitution has been adopted or
a governor elected, or not. Courts take notice, without proof
offered from the bar, what the constitution is or was, and who is
or was the governor of their own State. It belongs to the
legislature to exercise this high duty. It is the legislature
which, in the exercise of its delegated sovereignty, counts the
votes and declares whether a constitution be adopted or a governor