and returned by said moderators and clerks, with certificates signed and sealed by them, to the clerks of the convention of the people, to be by them safely deposited and kept, and laid before said convention, to be counted and declared at its adjourned session on the 12th day of January, 1842. In accordance with these provisions of the proposed constitution, on the days specified therein for the purpose, the people proceeded to vote on the question of its adoption or rejection. The votes were duly returned to the convention, and there counted, and the result declared as follows, viz: The whole number of votes given on the question of the adoption of the constitution was 14,000; of which 13,944 were in favor of the constitution, and 56 against it. (See testimony of John S. Harris, appendix No. 1.)

It is proper here to remark, that all the original votes, registers, and certificates, given and made on the adoption of the people's constitution, have been carefully preserved by John S. Harris, esq., one of the clerks of the convention, who has exhibited the same on oath to this committee, by whom they were all carefully examined and counted, from which the following result appeared, viz: Whole number of votes cast, 14,001. In favor of the constitution, 13,955; against it, 46. Of the 13,955 voting in favor of the constitution, 10,193 voted in person, and 3,762 voted by proxy. Also, of the 13,955 voting for the constitution, 4,925 were qualified freemen under the then existing laws of the State, and 9,026 were not qualified, and did not enjoy the right of suffrage under the then existing laws of the State. (See appendix No. 73.) As has been before shown in this report, the whole number of free white male citizens of the State, over 21 years of age, exclusive of aliens, insane persons, paupers, &c., was 22,674. Of these, 9,590 were qualified freemen. The people's constitution, therefore, received the votes of a majority of 5,236 of the whole number of the free white male citizens of the State entitled to vote under it, and a majority of 260 of the freemen or persons qualified to vote under the then existing laws of the State.

Having counted the votes, and ascertained the result, the convention, on the 13th day of January, 1842, passed resolutions declaring the constitution to have been duly ratified and adopted by a majority of the people of the State, and directing the officers of said convention to make proclamation, in due form, that said constitution was henceforth the supreme and paramount law and constitution of the State of Rhode Island; which was accordingly done. (See exhibit L, in Luther's case, appendix No. 89.)

The committee cannot forbear calling the attention of the House to the extreme care and caution of the people of Rhode Island in this great movement, by which they now have it in their power to prove every material fact connected with it, from its first inception to its final consummation, by testimony which will bear the searching and rigid scrutiny authorized by the strictest technical rules of evidence.

The people of Rhode Island then proceeded to elect a Governor, Lieutenant Governor, Secretary of State, Attorney General, Senate, and House of Representatives, according to the provisions of the constitution adopted by them, and to organize a government under it. The officers thus elected assembled in the city of Providence on the first Tuesday of May, 1842, were duly qualified, and proceeded to discharge the functions of their respective offices. The Senate and House of Representatives were duly organized by the election of appropriate officers, and proceeded in the exercise of those acts and faculties which appertain to legislative bodies. Thus was a government duly organized in all its departments, and its machinery put in full

action under the constitution adopted by the people of Rhode Island, as before mentioned, which retained its organization, and exercised its powers, until finally suppressed by the charter government of the State, aided and assisted by the President of the United States with the military power of the Union. (See exhibit N a, Luther's case, appendix No. 97.)

Landholders' constitution.

The committee will now proceed to give a brief detail of the leading facts connected with the proposal of the landholders' constitution," as it is called, to the people for their adoption, and its final rejection by them.

After the commencement of the suffrage movement in 1840, and when it had become apparent that public sentiment in Rhode Island imperiously demanded an extension of the basis of suffrage, and a constitution republican in its principles and provisions, the charter government set about adopting measures with a view to the forming of a constitution, and its submission to the people for their adoption or rejection. Accordingly, an act was passed by the General Assembly, at its January session in 1841, calling upon the freemen of the several towns in the State to elect delegates to a convention to be holden at Providence on the first Monday of November following, "to frame a new constitution for the State, either in whole or in part, with full powers for this purpose; and if only for a constitution in part, that said convention have under their especial consideration the expediency of equalizing the representation of the towns in the House of Representatives." The question of its adoption or rejection was also, by a provision. of said act, to be submitted to the freemen of the State. (See appendix, No. 152.) By a subsequent act, passed at the May session of the General Assembly in 1841, the apportionment of delegates to the proposed convention was altered. (See appendix, No. 153) And, at the January session in 1842, the assembly passed another act, providing for the submission of the constitution which might be framed by the convention called by the act of January, 1841, to all persons who should be qualified to vote under the provisions of said constitution. (See appendix, No. 154.)

In pursuance of the provisions of the act calling the convention, delegates were duly chosen, and the convention assembled at the time appointed, and proceeded to frame a constitution, a copy of which is annexed to the testimony of John S. Harris. (See appendix, No. 3.) By the provisions of this constitution, the right of suffrage was conferred on-ist. Every person who was entitled under the charter to vote. 2d. Every white male citizen of the United States, of the age of 21 years, having resided one year in the State, and in the town or city in which he claims to vote six months, preceding the time of voting, and being possessed of a freehold estate of the value of $134, over and above all incumbrances, was entitled to the right of suffrage. 3d. Every white male citizen of the United States, of the age of 21 years, having his permanent residence in the State two years, and in the town or place in which he claimed the right to vote six months, next preceding the time of voting; and every foreign naturalized citizen of the United States, of the age of 21 years, having his permanent residence in the State three years, and in the town or city in which he claimed the right to vote six months, preceding the time of voting, and was, moreover, possessed of a freehold estate, over and above all incumbrances, of $134.

By the act of the General Assembly before referred to, passed at the January session, 1842, all persons qualified, under the proposed constitution,

were permitted to vote on the question of its adoption. In the month of March following it was submitted to the decision of those entitled to suf frage under it, and was by them rejected by the following vote: In favor of the constitution, 8,013; against it, 8,689. Thus was the "landholders' constitution" rejected by the people, by a majority of 676 votes.

In the mean time, the charter government proceeded to take measures to prevent the organization of the government under the people's constitution; and the people proceeded to take steps with a view to the organization of a government in accordance with its provisions; and did actually, as before stated, elect all the requisite officers, who were duly qualified, and all the machinery of the government was put in motion. That government, and the constitution under which it was organized, were, as has been before remarked, suppressed by the acting charter authorities, through the interven. tion and aid of the President of the United States, with the military power of the General Government.

Existing constitution of the State.

The people's constitution and government having thus been suppressed by force, the calamities which had befallen the State, in consequence of the long and obstinate refusal of the charter authorities to extend the basis of suffrage, and the irresistible demonstration of public opinion in surrounding States, in relation to the impolicy of the course pursued by the charter authorities, with regard to the question of suffrage and the establishment of a republican constitution, induced the General Assembly again to call a convention, to frame another constitution to be submitted to the people; which that body did, by the act passed at the June session, 1842. (See appendix, No. 157.) The act (for the first time in the history of the charter governernment) called upon the "people," or such of them as should be qualified according to the provisions of the 6th section, and not the "freemen," eo nomine, to choose delegates to the convention. Those qualifications were as follows: 1st. All "freemen" qualified to vote under the then existing laws. 2d. All native male citizens of the United States, (including, of course, white and black,) of the age of 21 years and upwards, having had their permanent residence in the State three years, and in the town or city where. in they offer to vote one year, preceding the time of voting. On the 8th day of August delegates were chosen, who assembled in convention on the second Monday in September following, and proceeded to frame the consti. tution which now exists, in fact, in the State of Rhode Island, and under which its present acting government was organized. A copy of this cou stitution is annexed to the testimony of John S. Harris.—(Appendix, No. 10.) The following are substantially its provisions in relation to the right of suffrage:

1. Every male citizen of the United States, of the age of 21 years, was entitled to vote, who had his residence in the State one year, and in the town or city in which he claimed the right to vote six months, and was possessed of a freehold estate, clear of incumbrance, of the value of $134, or the yearly rent of $7.

2. Every male native citizen of the United States, who had resided in the State two years, and in the town or city in which he claimed the right to vote six months, preceding the time of voting, had had his name registered, and had paid a tax amounting to $1, or had voluntarily paid the same amount

to the town in which he resides for the support of schools, or had been enrolled and done military service during the year preceding his offer to vote. This last-mentioned constitution was submitted to that portion of the people of Rhode Island authorized to vote under its provisions, on the 21st, 22d, and 23d days of November, 1842, for their adoption or rejection. The vote upon the question of its adoption was as follows: In favor of the constitution, 7,024; against it, 51; majority in favor of the constitution of the people voting on the question of its adoption, 6,973. (See table of votes in John S. Harris's testimony.)

The committee deem it proper to state, in connexion with the history of the origin and adoption of the constitution last mentioned, that the whole proceeding, from the commencement until a short time previous to the election of delegates to the convention which framed it, was had while the State of Rhode Island was under the actual operation of martial law.*. The General Assembly, by an act passed at their June session in 1842, declared "the State of Rhode Island and Providence Plantations" to be under martial law, until otherwise suspended by proclamation of the Governor of the State. (See appendix, No. 103.)

On the 8th day of August, 1842, the Governor issued his proclamation suspending the operation of martial law from the said 8th day of Angust to the 1st day of September next ensning; and on the 30th day of August martial law was suspended for an indefinite period of time. The military organization of the State was continued long after.

Thus was the State of Rhode Island under the substantial operation of martial law at the very time the act of the Assembly was passed calling the convention which framed the existing constitution of the State, and so continued until the existing government of the State was permanently estab

A large portion of its citizens, who had participated in the attempt to establish a government under the people's constitution, were in forced exile while the proceedings were had which resulted in the adoption of the existing constitution of the State, and dared not return from the fear of exposing themselves to the relentless proscription of a party flushed with recent triumph, and intent on revenge, and the perpetuation of their power by the most unscrupulous means. The existing constitution of that State, therefore, was voted for by the people under the duress of military force, and the menace of political persecution.

Another important fact it is also necessary to state in this connexion. The existing constitution of the State of Rhode Island did not receive, on the question of its adoption, a majority of the votes of those persons who were entitled to the right of suffrage under its provisions. As before stated, of the 7,024 votes which were given for and against it, 6,973 were given in its favor. At the first election of Governor under its provisions, (which was held on the first Wednesday of April, 1843,) 16,520 votes were given. (See appendix, No. 160.) The legality of these votes, which were given by voters registered under the provisions of the constitution, cannot be, and has not been, denied. Thus it appears that there were, at the time this constitution is alleged to have been adopted by the people, at least 9,547 persons in the State entitled to vote under its provisions, or a majority of 2,523 who neglected, refused, or were prevented from voting on the question of its adoption. The committee are, therefore, clearly of the opinion that the existing constitution of the State of Rhode Island did not, at the time of its

alleged adoption by the people, receive a majority of the suffrages of the citizens who were entitled to vote under its provisions.

The authorities then in fact existing in Rhode Island seem to have anticipated such a result, and shaped their legislation accordingly. By the act calling the convention which formed the existing constitution, a majority of all of those who were entitled to vote, under its provisions, on the question of its adoption, were required to give their voices in favor of its adoption. Apprehending that a majority of such persons could not be obtained in favor of the constitution, the General Assembly, at its session in October, 1842, as has been before remarked, passed an act to amend the act calling the convention, by which it was provided that a majority of those who might vote on the question, only, should be necessary to its adoption. (See appendix, No. 159.) Therefore, according to the provisions of this act, if twenty-five men only had voted, (thirteen for, and twelve against,) the constitution would have been adopted, and declared to be the fundamental law of the State.

Of the comparative merits of the three constitutions proposed to the people of Rhode Island, it is only necessary to refer to all of them, to show that the people's constitution was very far superior to the other two, in the liberality of its provisions in regard to suffrage, its just and equal system of representation, and its careful security of the rights of both persons and property. Although both the landholders' constitution, and the constitution now in force in Rhode Island, make comparatively liberal concessions, so far as regards the right of suffrage, by their apportionment of the legislative powers, the political power of the State is by both confined to a small minority of the people; thus continuing one of the gross abuses of which the people complained, and which again, in all probability, will lead to discontent and disturbance. The committee have neither time nor space to go into a comparison of the provisions of the three constitutions, in respect to the distribution of the legislative powers; but must refer to those instruments numbered 3, 5, and 10 in the appendix, and to the census of 1840, for the general assertion here made.

On the first Wednesday of April succeeding its adoption, a general election of officers for the government to be organized under the existing constitution of the State was held, both parties participating in it; and, on the first Tuesday of May, the present government was organized in all its departments, and went into operation. The question now recurs,

Was the people's constitution, in fact, adopted by a majority of the adult citizens of the State of Rhode Island?

It has been alleged by the supporters of the charter government of Rhode Island, and has been reiterated on the floor of the House of Representatives during the present session, by the Representatives from the State of Rhode Island, that the people's constitution did not in fact receive a majority of the votes of the adult male citizens of the State, and that the apparent majority in its favor was obtained by fraud. The committee deemed so grave au allegation from such a source worthy, at least, of their careful consideration; and they have duly weighed the question, whether the people's constitution did in fact receive the majority claimed for it?. And, upon that question, they have come to an affirmative conclusion; and they now subunit the reasons on which it is based. They are as follows:

1. They have carefully examined the votes given on the question of its adoption, and all the registers of the names of the voters, and the certificates