Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-02-28

|" gross shall make no law respecting an es-
la tablshment of religion, or prohibiting the
|" free exercise thereof, or abrdging the free
|" dom of speech or the press, or the right OF
|" the people poacesb)y TO assemble and Pc
a" iisiop Government for redress OF gr'evsn'
|" ces."
By the 5,h Section Of the lst Article ofths
Constitution, it is provided, "That each
House may determine the rules Of ito pro-
ceedings." ns..r~
AT The settlement Of this couutrJ,per for
a period long anterior, the people OF EngIand
possessed the Constitutional right to petition
Parliament for the redress Of oil grievances,
whether Of an individual or public nature.
The right had at times been limited ss to tho
number of signers, it having been found IN
turbulent times that large bodies of the pso-
pie assembled under the pretence Of petition
ing Parliament, but in reality for other and
dangerous purposes. BY q statute passed IN
the reign Of Charles Il. it was therefore
enacted that no petition should be signed by
more than twenty. This statute however,
was repeuled or went into discussin long be-
fore the adoption Of the American Constitu-
ton. And il was a settled right in the peo-
pie Of both countries to assemble IN any
numbers and petition for redress Of grew
ances The Constitution does not grant, but
recognizes The right and prohibits its viola
tion by any law pissed by Congress. 1t no
where defines the right but such as it was,
transmitted from our English ancestors, so
should it remain lnylolate.
| In order efectualy to secure II from inva-
sion, the Constitution provides that Congress
shall pass no lcw abridging il. II does not
say that it shall no, be affected by resolution
of either House. Its prohibition is against
my law Of Congress Gnd II IS well known
that there is a wide difference between a law
of Congress and resolution OF either House.
II is hardly necessary to state that law of
Congress requires the assent OF both Houses,
and the assent Of the President also. And
that when it has become law, 1t operates
upon the whole people of the United States,
A Resolution of either House operates on
ly within the walls of the House. A law Of
Congress is permanent and remains in force
until repealed by the power that enacted it.
A resolution Of the House expires with tho
existing or present session Of the House.
As the Constitution clearly intended TINT
this favorte and popular right Of petltionlng
(as important in the view Of the trainers OF
that instrument as the liberty OF speech or
the press) should not be violated by Congress
or by any other power in the country, why, It
may be asked, did it not provide that Congress
should pass no law, nor that either House
should pass any resolution abridglng the free
dom of speech, OF the press or OF the right to
petition? Was this omission by mistake or
was il by design?
I IL will be remembered that the provision
, securing these invaluable rights was not in
serted in the original Constitution itself, but
A., is contained in the amendments. 1t should
! also be observed that by the original Con-
! stitu,ion express power was given to each
House "to determine the rules Of It's pro-
ceedngs" This power is granted m the
broadest and amplcst terms. The extent OF
liz is beyond the reach Of doubt. IL Is a pow
er to determine the rules Of all its proceed
ings. 1t is also equally beyond doubt that
any vote of the House upon petition Is
part of its proceedings. The moment the
petition is read or its contents made known,
the moment any action of the House upon the
petition IS asked, that action is proceeding
of the House, to be regulated solely and ex-
clusively by the House. Its proceedings up
on such petition are entered upon the jour
nus of the House as are oil its other proceed
Iings.
4 Previous then to the amendments to the
! Constitution, each House possessed the un-
4 doubted power to pass any resolutions IN
relation to its own proceedings upon any
petition or other business before It. IL pos
sessed the undoubted power to pass resoln-
} ,ions similar to those Of the 18th Dec. 1888.
: No man who values his reputation Tor sagacl-
~ and common fairness will question this
power, under the original Constitution. No
man will question that the persons who PEN
ned the amendments, knew the full and broad
extent Of this power Of the House, md no
I men felt a deeper solicitude to guard and
/ completely protect the popular powers OF the
! press, the freedom Of speech, and the right to
| petition. Why did not tho amendments re-
peal so much Of the power Of each House to
/ determine the rules Of its proceedings a. was
inconsistent with the freedom Of speech, OF
the press or tho right to petition? Why
merely protect these rights from invasion by
n law Of Congress, and leave them at the
mercy of either House!
II By the original Constitution, the House
possessed the undoubted power to pass
resolution in the very words OF the resolution
of December, 1898: "That every petition,
memorial, resolution, proposition or paper,
touching or relating in any way TO slavery
or to any extent whatever to slavery, as
aforesaid, or the abolition thereof, shall, on
the presentation thereof, without any furthal
= action thereon, be laid on the table, without
Oelng ocUatco, ptih'eu VI i"'Sb~
power, too, was granted to the House IN er
y press terms. II was, therefore, well knowr
IS power The Convention Of the States, wh'cf
h proposed these amendments, was jealous o
If the powers conferred by the original Con
W s,,ution, and the object Of the nmendmen''
If was to guard ogains, their abuse. The mem
d bers of that Convention were among me
le ablcst Of the times, and intimately acquainteu
D. with the Constitution, and with the estaonsn'
e, cd usuges of Legislative bodies; and the sun,
l. ple reason for protecting the right OF petition
iy from law Of Congress, and not protecting
nr from the power Of the House to regulate w
ly own proceedings, was, that the right it'eli,a'
Is !, Ind existed for ages, as II had been prac
r. ,ised upon in England and in TIL. country
to wns right which could be invaded by Law
n. If Congress, because q law Of Congress
,d would operate upon individuals, and indlvidu
I'd nj action, out Of doors, by making penal
10 write or sign a petition. They well kns'
m that no resolution Of either House, in relauo
Is 10 it's own proceedings, could, by any poss
D. bilty, operate upon the right to petition.
p. Il must be observed that tho right to pet'
2. ion has never been defined by amy Statute
~ Al. -.