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Op-Ed

The real constitutionalists
By Rep. David Segal
The signs shriek: “Illegals Raise Our Taxes!” “Unions Destroy Capitalism and Free Enterprise!” The Tea Partiers who brandish them absurdly claim a monopoly on concern for the U.S. Constitution and knowledge of the will of its authors. But do they care, or even know, that their cause runs so starkly counter to the very effort that won Rhode Island its constitution, and banished the 1663 Charter afforded us by the Crown?

That uprising was driven by downtrodden immigrants and laborites disdained by the political establishment and business class. These patriots fought laws barring those without property from voting and giving advantage to rural towns over cities via the “rotten borough” system.

In modern times, a leading Tea Party booster, the Rhode Island Statewide Coalition — formerly, and tellingly, the Shoreline Coalition — even fights to re-tie voting rights to property ownership, so that the wealthy could vote in multiple jurisdictions. (The notion that immigrants, laborers and their unions should be celebrated might contradict the Tea Partiers’ stilted conception of the federal Constitution. But their nullificationist and secessionist sympathies would surely have them agree that the sentiments of a state’s constitution should be considered the higher authority.)

The Tea Partiers would have instinctively aligned with the Law and Order Party’s governor in 1839-1843, Samuel Ward King, and against the constitutionalist movement led by the landowning Thomas Wilson Dorr, largely manned by disenfranchised recent English and Irish immigrants.

Typically defiant, Rhode Island was the first state to abandon the Brits, but the last to forsake the charter they’d granted us. In the 1840s, we were still abiding by the laws granted by Charles II, in our Charter of 1663. Under that charter, legislators were chosen via a system resembling the Electoral College — that “rotten boroughs” system — which skewed the allocation of seats disproportionately in favor of the outlying communities. The franchise was confined to landed free white men.

As immigrants flocked to industrializing cities, eventually only one-third of even free white men were eligible to vote, and urban areas had even less representation. After several failed attempts at reform through legislative action — many led by Dorr, a state representative from Federal Hill — suffrage supporters held a “People’s Convention” and drafted a more liberal constitution.

The suffragists hired as an agitator the great and infamous orator and labor activist Seth Luther, whose life’s work had been to push for government intervention to prevent business from exploiting workers. Thousands marched in Providence and Newport. A proposed constitution was put to an extra-legal vote, in which all white men who’d lived in the state for one year could participate — a broader if still narrow electorate — and it passed overwhelmingly, even winning majority support of those who could vote under the charter.

A legislature was elected, and a humble Dorr became “The People’s Governor.”

All the while, the anxious and paranoid Samuel King claimed the title of governor under the charter, and had no intention of relinquishing it. As Dorr mustered support from Democrats and populists throughout the region, King even called on President John Tyler for military support. The Dorrites launched an armed attack on the Dexter Street arsenal on May 19, 1842. They were rebuffed, and retreated to Chepachet. Dorr fled the state, and the movement fizzled out, hastened by a martial-law crack-down by King and his troops.

But the charter government succumbed to the popular will, ratifying a state constitution that dramatically expanded the right to vote, and reapportioned the legislature. Dorr and Luther were found guilty of treason but released a year later because of popular pressure. (Luther lived for some time but died in a Vermont insane asylum; Dorr died a broken man at 49 but is officially recognized as a former governor of Rhode Island.)

As the General Assembly returns, progressives ought not cede the mantles of patriotism and state pride to the far right. We must stand by our support for immigrants, labor, and cities, and do so secure in the knowledge that these values were the driving force behind the adoption of the state constitution that we swear an oath to uphold.

(David Segal is the Democratic State Representative from District 2, Providence).

     




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