The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-12-13


during which time lhe standing committees might
remain without business.
Mr. HAYNES said he must persist in his motion.
Mr. MERCER having objected,
Mr. HAYNES moved suspension of the rules,
to enable him 10 submit the motion indicated.
And, the question being taken, the House refused
TO suspend the rules.
In pursuance of the regular order of the House,
petitions and memorials were called for 10 the order
Of States and Territories, and were presented by
Messrs EVANS and MOVES, of Maine.
Abolition or SLAVERY, &c.
The State OF New Hampshire having been called,
Mr.. ATHERTON rose and asked leave, al this
time, TO oaer the following resolutions, which were
read for The information OF the House
Resolred, That this Government is a Government
of limited powers, and that by the Constitution Of
the United States, Congress has no jurisdiction what
ever over the institution of slavery in the several
States Of the Confederacy.
ResOtred, That the petitions for the abolition Of
slavery in the District OF Columbia and the Terrific
ries of the United States and against the removal of
slaves from one Stale 10 another, are a part of the
plan Of operations sci on foot TO affect the institution
of slavery in The several States and thus indirectly
10 destroy that institution within their limits.
Res0ired, That Congress has no right 10 do that
indirectly which il cannt do directly; and thai the
agitation Of the subject OF slavery in the District of
Columbia, or The Territories, as means, and with
view OF disturbing or overhrowDg that instu-
lion in the several States is against the true spirit
and meaning the Constitution an Infringement of
the rights Of the States affected and breach Of the
public faith on which they entered into the Confede
racy,
Resolrcd, That the Constitution rests on the broad
principle of equality among the members Of tins
Conederacy, and that Congress, in the exercise Of
its acknowledged powers has no right to diScrimi-
nate between the institutions Of one portion Of the
State TO another, with view OF abolishbg the one
and promoting the other.
Resoiped, Merefore, That all attempts on the par,
of Congress TO abolish slavery in the District of Co
a.
of slaves from State 10 State or 10 discriminate be-
tween the institutions OF one portion of the country
and another with the views aforesaid are in viola
ton OF the Constitution destructive of the fundamen
tai principles on which the Union of these States
rests, and beyond the jurisdiction of Congress; and
that every petition, memorial, resolution, PROPOSE
tion or paper touching relating in any way, to
any extent whatever, TO slavery as aforesaid, or the
abolition thereof shall, the presentation thereof
without any further action thereon, be laid on the
table without being debated, printed or referred.
Mr.. CUSHING objected to. the introduction Of
the resolutions at this time.
MIR. ATHERTON moved to suspend the rules.
On which motion Mr.. CALHOUN, Of Mass. de-
maDded The yeas and nays, which were ordered !;
and being taken, were yeas 1873, nays 66.
So the rules were suspended.
And the resolutions having been again read,
Mr.. ATHERTON rose and said In addressing
the House at this time, my object is very briefly to
explain the purpor of the resolutions Just offered
and the reasons which have induced me TO present
them.
l. The first resolution declares that this Govern
ment is Government OF limited powers, and that
by the Constitution of the United States Congress
has no jurisdiction whatever over the institution Of
slavery in the several States Of the Coniederacy."
To suppose that this resolution would not meet very
general assent, would be to suppose that the most ul
ira federal notions are entertained as to the powers
of the General Government, and that those powers
are considered as entirely absolute and unlimited.
2. The second resolution declares that the petit
~ ~ nj ~. -
Columbia and the Territories of the United States,
and against the removal Of slaves from one State TO
another are par Of plan Of operations set on loot
to affect the institution of slavery in the several
States and thus indirectly to destroy that institution
within their limits"
Legally and morally, Mr.. Speaker men are held
responsible for the consequences which their acts
have manifest tendency 10 produce. This resolu-
ton contains an expression of opinion to the
ultimate object and tendency of those petitions and
memorials. Can any one who does not shut his
eyes 10 what is going around him doubt as TO the
effect and as TO the tendency OF these petitions
connot doubt II, sir, without disbelieving the open
avowaS OF the petitioners themselves In saying
this, refer however, not 10 many honest persons
who have signed them without sufficient examina-
zion ct thu. .ns C. ,hs | nsr TO
who have had, in fixing their signatures, too fire.
quently no definite intention object, but to those
who call loudly for the presentation ofthese petitions
who get them up. who circulate them for signature.
and whose business seems 10 be 10 agitae the COM
munty on this subject. ..&
3. The third resolution declares that Congress
has no right to do that indirectly which il cannot do
dreciy and that the agi taton of the subject of sla
very in the District of Columbia, the Territories,
as means and with the view Of disturbing or over
throwing that institution in the several States, is
against the true spirit and meaning OF the Constu-
tion infring of the rights of the States al
fecled, and breach of the public faith upon which
they entered into this Confederacy"
The fourth resolution declares "that the Consti-
tuition rests on the broad principle Of equality among
the members of this Coniederacy and that Congress
in the exercise of its acknowledged powers has no
right to discriminate between the institutions OF one
portion OF the States and another, with the view of
abolishing the one and promoting the other"
am not aware that any code OF political construc
ZION or political morality ought to find favor in this
House. by which the justice Of these resolutions shall
not be fully admitted. Indeed, sir must say that
all the resolutions to which have adverted seem
very like truisms, about which no dispute can be
entertained; and it also seems to me that, from these
the principles contained in the fifth and last resolu
tons follow by necessary consequence.
The fifth resolution declares that, therefore, all
attempts on the part of Congress to abolish slavery
in the District of Columbia or in the Territories,
or to prohibit the removal of slaves from Stale TO
State or TO discriminate between the institutions of
one portion OF the Confederacy and another, with
the views aforesaid are in violation of The Constitu
ton, destructive Of the fundamental principles on
which the Union OF these States rests, and beyond
the jurisdiction of Congress"
These are the principles laid down in the fifth re-
solutions and, as have said they seem to me to fol
low, by necessary consequence, from the preceding
resolutions But the fifth resolution proceeds still
further, and provides for the mode of action of the
House upon petitions, memorials, &c. on this sub
iect And, from the principles embodied in the first
part of the resolution, the propriety OF the mode OF
action prescribed becomes at once apparent
The latter part OF the resolution provides "lhat
every petition, memorial, resolution, proposition, or
paper, touching or relating, in any way, or to any
extent whatever, TO slavery aforesaid, or the abo
ition thereof, without any further action thereon, be
laid upon the table without being debated printed