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

msmbers. Ihose xho EO.sd IN he afiiE-I
native are
Messrs. Benton. Brown. Forsyth.
Grunay. Hendricks. Hill. kane. King.
Of Alabama. hing. Of Georgia. Lyon,
Mexican. Mangam. Morris. Robinson,
Sheplsy. Tallmadge. Upton. White.
Wilkins. NEighl-20.
"Those who voted in The negative
are-
"Messrs. Bib. BLACK. Calhoun. Clay.
Clayton. Ewing. Frslinghuysen. Kent.
Leigh. Moore. Nsudain. POindexier. Por-
er. Preniiss. Preston. Robbins. Silsbee.
Smith. Southland. Spragus, Swifi. Tom
linson. waegaman, Msbsler-2I."
IL Was formerly common practice Of
this House to hear objections from ere
diiors 10 even The reception Of petitions
for The insolEent scis. and their reeep-
lion was often refused. Neither the
English Commons. nor the Senate Of the
United States. nor This House Of Repre-
sensaiiEes. ever deemed that the right Of
peliIiiion extended necessarily IN even
The reception OF The petition. The petit
lions were read. and If the house were
against sny action upon Them. they re-
fused IN receive them. il may he pru-
dent 10 examine our own practice. before
We condemn the much less doubtful prse-
tice of the National House Of Represen-
taiiEes.
The undersigned. then. contends that
there must be point where the right 10
petition ends. and The power Of the House
commences: that The constitution could
not intend that the enc right should con-
liet with the other; that, BY an express
grant. il has conferred the sole power up
on the House The moment the petition
becomes part Of the proceedings nf the
House: that this proceeding is a legisla-
tive proceeding, in which no nne can par
lieiPate but members Of the House, duly
elected by the people. and representing
the whole people; that even . resolution
Of the House or law Of Congress. Civ
ing To the petitioner any voice in The pro-
eeedings of the House. would be uneon-
s,i,utional and void. because al the pow.
er is delegated IN the members, and Ihey
possess no power To delegate any por.
ton of il TO other individuals; that this
power in a petitioner 10 demand any 9th.
er action Of the House than hearing his
petition is not embraced in " The RICH, 70
petition" because that is right 10 indi-
Sidusl action, and not right TO control
legislative action; that the extent Of this
right not being defined in the ConsIiiu
ton, but wholly by usage. must be ascer.
tanned by usage; and ihs. the usage Of
every legislative body in the civilized
world is agains, the RICH, as now assert
ed.
The undersigned would remind the
House tina, he simply asserts the eonsfi.
tufiOnaiity Of the resolutions Of Deem.
Der. 1898. With their policy or pruden-
iial character we have nothing to do. I,
would be highly INDIGENOUS in one legis
la,ive body to pass judgment upon the
policy or expediency OF The action Of an
other. Neither can We say, with any
regard 10 truth or propriety. that these
resolutions have tendency 10 impair the
right to petition. They are either within
the constitutional power Of the House, or
they are not. II they are. no exercise Of
the constitutional power OF the House
can tend TO impair the constitutional right
Of the petitioner. There is a line that
separates the one RICH, from the other.
If the House has passed tha, line. IL has
invaded The right Of The petitioner. and its
resolution is unconstitutional. II il has
not. no exercise Of power. within that
line. can tend to invade the rights on the
other side, any more than the occupation
and cultivation Of one or two adjoining
land owners up TO The dividing line ran
tend 10 injure the rights oI the other sd.
joining owner.
The undersigned has endeavored to
obtain from those who differ from him
their views Of the location or position
Of this dividing line. but withou, success.
II the right to petition is no, complete
upon the presentation and reading Of the
petition-if all power and control Of the
petitioner over it is not terminated the
moment the action Of the House com
mences. when does il terminate The
resolution Of December, 1888. declares
that all papers on tue table, or which may
be presented during the present session,
upon The suhjec. Of slavery, shall lie upon
the table. without any action. debate. or
reference thereof.
|, should be borne in mind that there
is material difference between petitions
relating to private. and petitions relating
to public affairs. With the facts Of all
private petitions the members are usually
unacquainted. and reference 10 a com.
mittee is the ordinary mode of inves,iga,-
ing them. The final action ofthe House
is also upon the petition, by a vote, grant
ing or rtjeciingii.
The case is entirely different in relation