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

ught Of hae people 10 pehliOn congress-
and in violation Of the constitution Of the
United States"
The National House Of Representa-
lives is composed Of many distinguished
statesmen and jurisls who are no stran-
gers TO the language and spirit Of the con-
s,ilu.ion. Their personal and individual
interests ara identified with the interests
Of the mass of the people, and their fidel-
ity 10 rights Of so plain and popular q
character as the right Of petition is qua
ransied by the consciousness that the
slighies; invasion Of such rights seldom
remains long UNPUBLISHED. IL is not 10 be
presumed. therefore, that violation of 4
| privilege inherited from our ancestors,
and in relation 10 which the people have
always manifested a sensitive and Jealous
feeling, could hare been premeditated or
intended. especially as the Object of those
resolutions could have been accomplish
ed in various other modes. Nor is there
the slightest reason 10 consider these re-
solutions the fruit of 4 slight and hasty
consideration. They are evidently the
result Of an understanding Of some sort or
other between the administration MEN,
hers from the North, and the great body
Of tho members from the South sad
whatever the supposed rashness of the
latter might dictate, the wariness of the
former has seldom been of lis guard up
on the subject Of popular rights.
The imputalion Of haste and inadver-
tence is still more strongly repealed by
the well-knOwn fact, that the subject OF
the right Of petition has been agitated and
discussed in Congress, in the Legisla-
lures Of many Of the states, and in the
public papers. for many years. The cx-
treme jealousy and sensitiveness Of the
people on this exciting topic could not
have been overlooked, nor have failed in
debating a path beyond the reach Of all
constitutional objections in the opinion
of the members from the free states who
voted in favor of the resolutions in ques-
ton. The cautious language in which
the resolutions are couched fully shows
that the meaning of every word was fully
weighed, and totally forbids the idea Of
negligence or haste. The inference from
these facts necessarily is that. in the OPT.
Mon of the supporters Of these resolu-
tons, they acted within the scope of their
constitutional powers, aud that. if they
have exceeded them, il must have been
from ignorance, and not from design or
negligence.
Befure we condemn them. then, as
unconstitutional, we ought To be sure that
we have considered the subject as nature
Iy as those who supported them. We
ought also 10 take along with Us the wise
and temperate rule Of the Supreme Court
Of the United States, in passing upon the
acts of this and every other legislative
body, never to decide against them except
in cases in which their onst.ionslity
is established beyond all reasonable doubt.
The necessity OF the application Of this
rule is much stronger in the present case
Than in cases before the Court, because
The Court is obliged by law to pass upon
such subjects. II is the performance Of
an imperative duly devo!ved upon il by
the Constitution, from which il cannot
escape. lis errors, therefore, like the err
rors of all who by law are obliged 10 act.
are morally and legally excusable by the
necessity which dictates the action. 4 pa
,usI who commits a mistake in the cor
rec;ion of his child is excussble before all
human tribunals. But mere volunteer,
who ina,s correction upon his neighbors
children. or takes par; in their quarrels,
stands justified BY nothing but the positive
certainty that his interference is legal and
just.
Of this latter character is the in;erfer-
ence 81 This House with the proceedings
Of the National Representatives. We
are col,RteerS. Neither the Constitution
nor the laws Of the State under which
we act, nor the Constitution nor laws
Of the United States. in which. as indivi-
,!uals, we are deeply interested, impose
this task upon us as duty. We have not
even the instructions Of majority OF our
constituents. On the contrary. in the OPT
nion Of the undersigned, such action would
be contrary to the Feelings and wishes Of
vast majority of the people OF Rhode
Island. No combination Of circumstances
could possibly exist so loudly calling for
silence and inaction. Ii is in reality a
dispute between the aboliIionists Of The
! North and the shareholders of the South.
| Both these parties have become excited.
not only to rash and imrrudenI language,
but to rash aud exceedingly imprudent
action. In the progress Of this, as in the
progress of all other disputes. each party
ayails itself OF the Encouragement of
the controversy by its antagonist, with a
view to gain additional support. The
efforts Of the abolitionists have been un-
wearied and ua;iring to create an excite
men,upon the right ofpetitiOn, and, under
cover Of this subsisting dispute. to enlist
/ Al Il ,l;.n.1aa ID I. -