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

The Joilotcing IS the Report cf me mt
noriiy efhe Committee, (appointed at
the late session Of the Lsgisiaiws) to
phich The resolutions on the right Of pc
iiion tcas referred.
| 1.-THE resolutions have already been published
among the daily proceedings Of the Legislature
| The undersigned, one of the Committee to
whom the foregoing resolutions were refer
red, begs leave 10 report, that as he differs in
opinion from the other members OF the Com
mittee, he has felt it to be his duty to himself
and TO his constituents to give to the subject
all the attention which his other engagements
would permit.
BY the resolution submitted by Mr.. Wells,
from Hopkinton, the resolutions Of the Ma
tional House of Representatives Of the l2lh
December 1888, are Characterised "as dan
gerous invasion of the right Of the people to
petition Congress, and in violation OF the
Constitution Of the United States"
| The National liouse of Representatives is
composed Of many distinguished statesmen
and lurlsts, who are no strangers TO the Ian
guage and spirit of the Constitution. Their
personal and individual interests are dcnti.
fed with tho interests OF the mass OF the peo-
ple and their fidelity to rights Of so plain and
popular u character as the right Of petition Is
guaranteed by the consciousness, that the
slightest invasion Of such rights seldom re-
mains long unpunished. 1t is not to be pre-.
sumed therefore that a violation OF prlvl-
lege inherited from our ancestors, and IN re-
lation to which the people have always mani.
tested a sensitive and jealous feeling, could
have been premeditated or intended, d,espccias-
ly as the object of those resolutions could
have been accomplished in various other
modes. Nor is there the slightest reason to
consider these resolutions the fruit OF u
slight and hasty consideration. They are
evidently the result Of an understanding OF
some sort or other between the AdmnIstra-
ton members from the North and the great
body Of the members from the South, and
whatever the supposed rashness OF the latter
might dictate, the wariness Of the former has
seldom been off its guard upon the subject OF
popular rights.
The imputation of haste and inndvertence
is still more strongly repelled by the well
known fact, that tho subject of the right OF
petition has been agitated and discussed IN
Congress, in the legislatures Of many OF the
States, and in the public papers, Tor many
years. The extreme jealousy and sensitive
ness Of the people on this exciting topic,
could not have been overlooked, nor have
failed in dic,ating path beyond tie reach
Of all constitutional objections, IN the opinior
| of the members from the free States wh'
| voted in favor Of the resolution in ques
ton. The cautious language in which th'
resolutions are couched fully shows that tn
meaning of every word was fully weighed
and totally forbids the idea of negligence o
haste. The inference from these facts ne
cessariy is, that in the opinion OF the sup
porters Of these resolutlons,they acted within
! the scope Of their constitutional powers, ant
7 that ii they have exceeded them it must hav VI
been ignorance, and not from design or neg
ligence.
BET; re we condemn them, then, ms uncon'
stitutional, we ought to be sure that we have
considered the subject as maturely as those
who supported them. We ought also to take
along with Us the wise and temperate rule oi
the Supreme Court Of the United States, III
passing upon the Acts Of this and every other
Legislative body, never to decide against
them except in cases in which their uncon
! stitu,ionalty is established beyond all rea
sonnble doubt. The necessity of the appl
!, cation Of this rule is much stronger IN th'
present case, than in cases before the Conr'
because the Court is obliged by law to pas
upon such subjects. 1t is the periorinanc
OF an imperative duty developed upon 1t
the Constitution from which it cannot escap
Its errors therefore, like the errors OF all wh
by law arc obliged to act, are morally and i
gally excusable by the necessity which dif
tates the action. a parent who commits
mistake in the correction OF his child, is eA
cusable before oil human tribunals. But
mere volunteer who inf1cts correction upo
his ncghbors' children, or tnkes part IN theI
\ quarrels, stands justified by nothing but IN
positive certainty that his interference Is le
Il gal and just.
! this latter character is the interference,
j ofthis House with the proceedings OF tn
Il National REPRESENTATIVES. We are voiun
teers. Neither the Constitution or the law
of the State, under which we act, nor tn
: Constitution nor laws OF the Us. III whicl
as individuals, we are deeply interested, IN
pose this task upon US as duty. we haV
not even the instructions Of majority OF OF
constituents on the contrary, IN the oplnio
of the Undersigned, such action would b
!, contrary to the feelings and wishes OF va,
majority of the people OF Rhode Island. N
d combination of circumstances could posslol
exist so loudly calling for silence and ina'
ton. III IL III rchIlIy, " u'spusc oe'"Se" "
abolilionists Of the North and tho slave hol
y crs of the South. Both of these parties ha
J. become excited not only to rash and impr
: dent language, but to rash and exceeding
+ imprudent action. In the progress OF this,
d in the progress Of oil other disputes, ea'
party avalls itself Of the Encouragement
the controversy by its antagonist, with VIZ
TO gain additional support. The Efforts
the abolitonists have been unwcaricd
untiring TO create an excitement upon
right of petition, and under cover Of this s,
sisting dispute. to enlist the wise and discr'
ycomanry of Rhode Island under the nbc
iion banner. knowing full well that hostll
p. to the South upon the subject Of the popu
I'd right to petition, will soon extend to hostil
lir upon all other subjects. These aboiioni
are before us and among us. They IRE
ganized Throughout, the Northern States II
4 compact and disciplined societies, with
mense sums Of money at their command, a
they force their papers and lecturlng a
Gu salaried Preachers into every town and u
he numerous families, and it IS principally 'r
\. them that we are presented with argume'
I"r upon this great and exciting question o' &C
's' stitu,ional law, while the trainers ana 81
por,ers of tie resolutions, capable, Is p