People's History of the United States_ 1492 to Present, A - Zinn, Howard [128]
A new constitution offered some reform. It still gave overrepresentation to the rural areas, limited the vote to property owners or those who paid a one-dollar poll tax, and would let naturalized citizens vote only if they had $134 in real estate. In the elections of early 1843, the Law and Order group, opposed by former Dorrites, used intimidation of state militia, of employees by employers, of tenants by landlords, to get out their vote. It lost in the industrial towns, but got the vote of the agrarian areas, and won all major offices.
Dorr returned to Rhode Island in the fall of 1843. He was arrested on the streets of Providence and tried for treason. The jury, instructed by the judge to ignore all political arguments and consider only whether Dorr had committed certain overt acts (which he never denied committing), found him guilty, whereupon the judge sentenced him to life imprisonment at hard labor. He spent twenty months in jail, and then a newly elected Law and Order governor, anxious to end Dorr’s martyrdom, pardoned him.
Armed force had failed, the ballot had failed, the courts had taken the side of the conservatives. The Dorr movement now went to the U.S. Supreme Court, via a trespass suit by Martin Luther against Law and Order militiamen, charging that the People’s Government was the legitimate government in Rhode Island in 1842. Daniel Webster argued against the Dorrites. If people could claim a constitutional right to overthrow an existing government, Webster said, there would be no more law and no more government; there would be anarchy.
In its decision, the Supreme Court established (Luther v. Borden, 1849) a long-lasting doctrine: it would not interfere in certain “political” questions, to be left to executive and legislature. The decision reinforced the essentially conservative nature of the Supreme Court: that on critical issues—war and revolution—it would defer to the President and Congress.
The stories of the Anti-Renter movement and Dorr’s Rebellion are not usually found in textbooks on United States history. In these books, given to millions of young Americans, there is little on class struggle in the nineteenth century. The period before and after the Civil War is filled with politics, elections, slavery, and the race question. Even where specialized books on the Jacksonian period deal with labor and economic issues they center on the presidency, and thus perpetuate the traditional dependency on heroic leaders rather than people’s struggles.
Andrew Jackson said he spoke for “the humble members of society—the farmer, mechanics and laborers. . . .” He certainly did not speak for the Indians being pushed off their lands, or slaves. But the tensions aroused by the developing factory system, the growing immigration, required that the government develop a mass base of support among whites. “Jacksonian Democracy” did just that.
Politics in this period of the 1830s and 1840s, according to Douglas Miller, a specialist in the Jacksonian period (The Birth of Modern America), “had become increasingly centered around creating a popular image and flattering the common man.” Miller is dubious, however, about the accuracy of that phrase “Jacksonian Democracy”:
Parades, picnics, and campaigns of personal slander characterized Jacksonian politicking. But, although both parties aimed their rhetoric at the people and mouthed the sacred shibboleths of democracy, this did not mean that the common man ruled America. The professional politicians coming to the fore in the twenties and thirties, though sometimes self-made, were seldom ordinary. Both major