The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-12-25

HALL Nav be vomit forth blasphemissT May no
shock vonr ears with foul obscenity MAY ne SHACK
the Fundamental principles of Republ'can oosernmen,
for thar / pronounce 10 be clearly DOT Of order !
fhuk no will maintain this, OF any tning IKE 'h
The meaning RI the smsndment 70 clear. y means
that what is liberty Of rpeech IN this House snail ne
Judged by the House. and by the House slone MOI
by The senate not by the President nor by any power
other than the House itself Il is not TO make tho
ryhi absolute but to render the Jurisdiction exclusive
And say that the Judicial right Of this House to de-
eide on oil sneh questions Is not me least ou,'
on the contrary. secured snd guarded by this amend
meni 10 the Constitution The right Is preserved ss
sacred prerogsve Of the American people. but to DO
exercs d. with reference the ends Of the Constitution,
uuder ths control Of this House, and in conformity TO
the established practice Of the country.
The same doctrine precisely applies TO the right Of
petition and ID relation that right there preee-
dents innurnerable in the British book II you 60 as
far back the times Of the Long Parliament you VIII
find in which petition was ordered 10 be burnt
by the hands OF the common hangman And let no
object that the influences Of royalty operated there
This done by the hands OF the regicdes yet reek-
ing with the blood of their monarch pararchs oil con-
stitutiona govemment--great men, II there ever were
such, and men from whom we learnt oil our original
lessons and IDEAS Of liberty, and who anticipated at that
early period almost all the reforms have carried
into effect will not carry you to the Parliament Of
1880 when England, account Of the Exclusion bill,
the brink OF cyi! war, admit that these were
periods Of great popular excitement; and that in some
gone further than strict law would warrant do not
stand 10 need OF these excep,ionabe precedens There
is authority enough without them for although have
not been happy enough 10 meet with nlnetyn out Of
the thousand commentators Parliamentary law spoken
Of the other day by Of my colleagues Mr. Pckens)
yet the thousandih is oil sufficient for |
honest Hatsel whose work may scarcely aspire to the
dignity OF q commentary, but is, at any rate most
useful and faithful compilation II you will turn TO his
iadsIes, you will find abundance Of law for tie PROPOSE
ion II am nov ma INIT >he IF
in 1863, in famous quarrel with the Lords, about this
very question Of privilege in the Of of the
name Of Skinner (if mistake not asserted two fanda-
mental msxins a. part ofhe general parliamentary law;
LEI. That is the undoubted right OF every commoner
10 prepare and present his petitions to the House Of
Commons ard, 3D. That it is the updoubed right and
privilege Of that House to adudge and determine how
far such petitions are proper to be received Is true
that the proceedings in this case subsequently,
for not affecting this point however, erased
from the journals, but the same doctrine was in tho
next generation, under circumstances altogether differ
cnt, completely established. and has ever since been
enforced in practice without the slightest question
opposition. II was. think, in l706-undera Wing
mnistrysome years after the famous controversy with
the Lords about the Kent petition that the House OF
Commons adopted rule, which it made perpetual in
17l3 that no petition against general lax money
bill should be received, except specially
mended to their consideration by the Ministry Of the
Crown. Why! Because, says Hstsell, it was q vain
thing receive what the House predetermined not to
consider; and in matter Of great national
ment like the in question: it is not at liberty 10 con.
suit the wishes and opinions Of any single Of
II 10, therefore, on every account the best, as the
faest the petitioners and the House itself
mpch Inconvenience and loss Of lime, by general ex-
cuson Of oil such petitions But the right Of the House
to refuse receive fully established by the standing
question, Shall this petition be received 7" which, al.
though seldom in fact put is in oil cases whatever sup
posed TO he put and may any time be demanded,
cordng to the parliamentary practice recognised by Mr.
jefferson, This alone is conclusive.
Assuming It, thsn incontestahly established, LIST,
that the amendment Of the Constitution does not in the
lesst affect the right Of this House regulate its pro-
ceedings according to the settled law of Parliament
and 3D. that according 10 that law, these petitions
which is both authorized and bound refuse 10 re-
ceive, the only remaining question is whether these pc
titions fall within that category.
Upon this point as said just now, il were call
ed upon in the spirit Of peace, and bona fde with
view to the commercial benefit Of The country or in
order 10 relieve II from embarrassing difficult
", 10 receive memorial like that now offered
God forbid that Ishoud be seen to treat il with con-
tempt or harshness, or should throw any obstacle in
the way Of Its being candidly examined upon its
merits by committee OF this House say nothing
as to the course proper 10 be taken there that Is
another affair. But the memorials before you, as
understand, are but another step in the war which
bank OF wicked conspiraors are daring to wage
upon the Constitution and the peace o.the country
through this House. 1t is not for the paliry com
merce Of horde of barbarians that agitation is be-
ginning on thlS SUBJECT IL is because II affords a
plausible pretext and convenient opening to a
continued discussion OF that fatal question which
has been agiated in and out OF this House Of late,
with so much vehemence, with so many extrava-
gances OF heated Imagination, with apparently such
fiery enthusiasm, that no man who considers What
is the genius Of this age contemplate it without
anxiety for his country. Sir, | would awaken the
public mind at once to the tremendous issues in
voved in this question. Let me assure gentlemen
they are mistaken If they suppose that il is 10 be
managed b. mere party manGuvring-that it is TO
be settled by word-catching c,ucus, splitting hairs
and stunning difficulties with all the little sub,lees
of grammar and philology. No, sir, no; non tall
anraio-u is plain, practical matter full of deep
and dreadful interest, II istrue but on that very
account TO be treated without arifce evasion or re-
servation Of any kind. You must meet it, sooner or
later, in all its gigantic extent and importance 1t
is question in which the deStinies Of such an en-
pire-l speak prospecively, we'll as OF the present
as the sun has never yet shonc upon--of a rcorid-
are involved-a question which cannot seriously
agitate here without shaking this whole continent
il you will pardon the boldness oil the expression,
10 its foundations. The heart of great People,
mean that People who inhab the broad land from
the Susquehanna 10 the Red river-from the Capes
OF Virginia 10 the recesses Of the MiSSouri-look at
the map-t isTIre than half the countryside heart
of that whole People, say, throbs with indignation
and alarm, when what involves their life and be-
ing and concerns you here nothing, is so wanionly
drawn into discussion, so darngly threatened with
violence. My friend there (Mr. DAwsoN) knows
what those feelings are.
The CHAIR here called Mr.. LEGAaE 10 order
[Cries Of Go on goonr
Mr.. LEGARE proceeded. This question, | say,
cannot be smothered or evaded il must be met at
once Il must be met with the wisdom Of statesmen
il must be met with the courage of men, Gentle-
should be allowed to give not only their votes,
but their reasons They should be ready they should
be eager 10 do so. The man who on such subject
shrinks from his high responsibility to the country,
who Is afraid 10 proclaim before the civilized world
ic Dha5i har t,,t,~r Il