herefore, was properly rejected by the court.

2d. If all these matters could be, and had been, legally proved, they
would have constituted no defence, because they show nothing but an
_illegal_ attempt to overthrow the government of Rhode Island.

3d. No proof was offered by the plaintiff to show that, in fact, another
government had gone into operation, by which the Charter government had
become displaced.

And first, these matters are not of judicial cognizance. Does this need
arguing? Are the various matters of fact alleged, the meetings, the
appointment of committees, the qualifications of voters,--is there any
one of all these matters of which a court of law can take cognizance in
a case in which it is to decide on sovereignty? Are fundamental changes
in the frame of a government to be thus proved? The thing to be proved
is a change of the sovereign power. Two legislatures existed at the same
time, both claiming power to pass laws. Both could not have a legal
existence. What, then, is the attempt of our adversaries? To put down
one sovereign government, and to put another up, by facts and
proceedings in regard to elections out of doors, unauthorized by any law
whatever. Regular proceedings for a change of government may in some
cases, perhaps, be taken notice of by a court; but this court must look
elsewhere than out of doors, and to public meetings, irregular and
unauthorized, for the decision of such a question as this. It naturally
looks to that authority under which it sits here, to the provisions of
the Constitution which have created this tribunal, and to the laws by
which its proceedings are regulated. It must look to the acts of the
government of the United States, in its various branches.

This Rhode Island disturbance, as everybody knows, was brought to the
knowledge of the President of the United States[3] by the public
authorities of Rhode Island; and how did he treat it? The United States
have guaranteed to each State a republican form of government. And a law
of Congress has directed the President, in a constitutional case
requiring the adoption of such a proceeding, to call out the militia to
put down domestic violence, and suppress insurrection. Well, then,
application was made to the President of the United States, to the
executive power of the United States. For, according to our system, it
devolves upon the executive to determine, in the first instance, what
are and what are not governments.