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itants of the colony, fearing that a commission which had been obtained from Cromwell's Parliament, whilst Charles II. was in exile, might not be respected by him on his return to the throne, petitioned the King, and at length, through the agency of Mr. John Clarke, obtained a new charter, having the broad seal of the crown, and the signature of the secretary affixed. For this second charter, see No. 2 of the Appendix.

On looking over the early history of Rhode Island and Providence Plantations, we find that, at first, two little distinct democratic communities were established, one at Providence, and the other on the Island of Rhode Island. In a few years we find that by consent of a majority of the inhabitants in both settlements, without ceremony or form of law, the two colonies were merged in one, under a British charter, in conformity to which a government was organized and continued until about the year 1663. Then, again, a portion of the inhabitants, without any legal forms or provisions, but by general consent, made application to the King of Great Britain for a new charter, which was to make radical and important changes in their system of government. Their request was granted, and Mr. Baxter proudly returned with the royal document. And how was it adopted? Not by a formal vote in town meeting, but the people, hearing the good news, ran together at Newport, and received it by one spontaneous acclamation. This charter was a written compact between Great Britain and the colonists; it implied allegiance on the one part, and protection on the other. The colony became a British province, its inhabitants

were British subjects, and all the authority of the government under the charter was derived from the British crown. This good old charter, as it has often been called, continued in full force and virtue until the tie. which bound the colony to the mother country was severed by a sovereign act of the people when they declared themselves independent. As soon as that was done as soon as Rhode Island, with her sister colonies, declared herself absolved from all connection with Great Britain, and assumed to be an independent state -in that hour the good old charter died, and forever after became a dead letter. Here was a complete abrogation of all its constitutional authority, and political power returned to the people at large. Under these circumstances a majority of the inhabitants of the colony, in accordance with those democratic principles which had marked all their former proceedings, might have instantly set themselves at work to form and establish a written constitution. But like a clap of thunder war broke upon them, and they had no quiet hours to deliberate upon a constitution. Rhode Island was of easy access to the British navy, and British troops were soon quartered in her bosom; public and private concerns were swallowed up in the spirit of heroism; they left" the deer and the steer, and their nets and barges," and rushed to the defence of their common country; and nobly did they acquit themselves.

Rhode Island soldiers mingled in every conflict; her Spartan bands fought with a courage and determination. never surpassed; free as water they poured their blood

upon the altar of their country, and without a murmur cheerfully sacrificed their lives in the great cause of freedom; and through all future time that state may well be proud of the part she bore in the American Revolution.

CHAPTER II.

THE ABROGATION OF THE ROYAL CHARTER BY THE DECLARATION OF INDEPENDENCE. ITS DEFECTS AND PRACTICAL INJUSTICE, AND EFFORTS OF THE PEOPLE TO BRING ABOUT A CHANGE.

As we have said before, all the authority of the British government in Rhode Island became extinguished as soon as the people refused to recognize it, and declared the colony independent; but if any one should be disposed to deny that, there can certainly be no doubt that the absolution was fully consummated by the treaty of peace made in 1783. Whatever period may be fixed upon as that of the full emancipation of the inhabitants of the colony from the government of Great Britain, that was the time when the official authority of all who held under the charter ceased and terminated; that was the time when all political power returned to the people; the officers of the government, in its several departments, became tenants at will, and liable at any time to be ejected by the people in the exercise of their natural and unalienable rights; and if at that time, as they had twice done before, they had of their own accord, without any legal provision, met and conferred together in order to devise some plan by which the sentiments of the whole people,

or the major part of them, should be ascertained and made known, and, if finally a decided majority had manifested their wishes by adopting, in a regular public manner, a written constitution for the government of the state, such constitution would have been of undoubted validity, and every where acknowledged as the supreme law of the state. But we have been told that when the authority of Charles II. ceased, it vested immediately in the legislature. Could that be so? Does the agent retain power after the authority of the principal who granted it ceases? Certainly not. That would be a violation of every principle of law and reason. It must therefore be acknowledged that there was a time, after the abrogation of the charter, when the people of Rhode Island might have proceeded in their own way to form and adopt a constitution. They were no longer a colony of Great Britain, but of themselves an independent, sovereign state. Yet they suffered the government to go on in form and name as though the old, defunct parchment still retained its original validity; and from 1776 to 1841 the people made no efficient effort to establish a written constitution.

Now, if, in 1776, the inhabitants, or a major part of them, might rightfully and properly have proceeded, in their own way, and formed a written constitution, when, we ask, did that right cease? When was it forfeited? Why might not the inhabitants of that territory as well and as rightfully proceed, in their original, sovereign capacity, to form and establish a written rule of government in 1841, as at any former period? It is said to be a maxim in the English government,

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