The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1839-05-02

command, and they force their papers and
lscIuring and salaried preachers into
every town and into numerous lsmilles;
and il is principally from them that Ne
are presented with arguments upon This
great and exciting question Of consIiIu.
lonal law. while the trainers and sun.
pOTsers Of the resolutions. capable. II is
presumed. Of shedding quite As much
light on the subject, arc moi befare us,
nor are they called upon 10 aid Us with
lEeir views and reasons. II il. there
fore. in The opinion Of lhe Undersigned.
substantially an er pgrfe proceedings
proceeding. too. under undue anil i'm
proper excitement. and upon subject in
which We are merely volunteers.
With these preliminary remarks, ihe
undersigned will proceed 10 give his rra-
sons for declining all action upon the
subject.
by the LIST article Of the amendments
10 the Constitution. IL is declared that
II" Congress shall make no law respect.
ing NJ establishment Of religion, or pro-
hibiting the free exercise thereof; or A.
bridging the freedom Of speech or Of the
press or the righ, 81 the people peacea-
bly, to assemble, and petition Govern
menI for redress Of grievances.
by tho 5th section of the Is. article
Of the Constitution. it is provided that
"eaeh House may determine the rules Of
its proceedings"
At the settlement Of this country, and
for period long anterior, the people Of
England possessed the constitutional
right 10 petition Parliament for the re-
dress Of all grievances, whether Of an in
dividual or Of public nature. The right
had al times been limited as 10 the mum.
Der of signers, it having been found, in
iurbulen, times. that large bodies Of the
people assembled under preience oil pc.
lilioning Parliament, but in reality far
other and dangerous purposes. By a sta
tule passed in the reign Of Charles III, il
was therefore enacted that no petition
should be signed by more Than twenty.
This statute. however. was repealed or
went into disuse long before Gle adoption
Of the American Constitution. And il
was settled RICH. in the people Of both
countries 10 assemble in any numbers and
petition for redress Of grievances. The
Constitution docs no. grant. but recog.
nizes the right, and prohibits its violation
by any law passed by Congress. Il no
where defines The right; but such as il
was, transmitted from our English an
ees,ors. so should il remain inviolato.
In order eifeciually 10 secure il from
invasion, the Constitution provides that
Congress shall pass no id,0 abridging il.
1t does not say that j. shall NOT Be affec-
ted by resolution Of either House. LIS
prohibition is against any law OF Con.
gress: and il is well known that there is
a wide difference between q law of Con.
gress and resolution OF either House,
II is hardly necessary To state that a Law
Of Congress requires the assen. of boih
Houses. and the assent Of The President,
also; and that, when it has become a law
j, operates upon the whole People Of the
United States. A resolution of either
House operates only within the walls OF
the House. A law Of Congress is per-
manent. and remains in force until re.
peaIed by the power that enacted il. A
resolution Of the House expires with the
existing or present session Of The House.
As the Constitution clearly intended
that this favorite and popular right of Pc
titioning las important in the view
Of the trainers of that instrument as
the liberty Of speech or Of the press
should not be violated by Congress or
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
sbridging the freedom Of speech, of the
press. or of the right to peli,ion2 Was
this omission by mistake, or was II by
design
Il will be remembered that the provi-
sion securing these invaluable rights was
not inserted in the original Constitution
itself. but is contained in the amend.
men.s. Ii should also be observed that
by the original Constitution express DOW.
er was given TO each House, ITO deter
mine the rules Of its proceedings" This
power is granted in the broadest and am.
Plest terms. The extent of il is beyond
The reach of doubt. Ii is a power TO de-
iermiue the rules OF all its proceedings.
1t is also equally beyond ioub, ,ha, a.
ny vote of the House upon a petition il
a part Of its proceedings. The momen,
the petition is read. DC its contents mads
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 exclusively by the
House. It's proceedings upon such pc.
sl'lon are entered upon the journals Of
the House, as are all its other proceed
ings.
Previous, then, to the amendments to
.