The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-10
TWENTY-FIVE CONGRESS.
THIRD SESSION.
HOUSE OF REPRESENTATIVES.


~ MospAY, Jan. z.
mir. CUSHING presented the memorial Of Peter San
born ard Others Of Reading in the State OF Massachu
sets praying the House rescnd the resolution Of The
18th December last; and moved that said memorial,
together with the resolves OF the State Of Massachusetts,
the right OF petition and debate presented to the
House the 2Sth Of May last, and not finally acted
by the House, be referred to the Committee of the
Whole on the Of the Union, with Instructions
consider the expedency Of adopting the following
lullons, VIZ
Resolred, That The several States composing the u
nted States Of America not associated the prn-
cple OF unlimited submission TO The Federal Govern
ment, 10 the Houses Of Congress- either OF them
but that by the Constitution the people Of said States
constituted General Government for special purpo
and delegated to that Government certain definite
powers only reserng each State to itself the resdpsy
Of right to their selfgovernmenl; that while
the Constitution and laws OF the United States do at
tach to the whole people of the several States immedi
atey in those matters within the true jurisdiction and
confines Of said Constitution, and in the modes limited
and defined thereby vet in all other matters the said
States retain each its political sovereignty that 10
this Constitution each State acceded State and is
an integral party, and In its capacity Of sovereign
State represented in Congress by its Senators duly
appointed; that among the residuay rights so by each
State reserved that OF freely and fully expressing its
opinions on all subjects Of public concernment to the
States or the people thereof, and Of communicating the
said opinions TO Congress; and that is the consttu
tonsl duty OF the Senate and Of the House OF Repre-
sentaves respectfully to receive, entertain and cons-
der, and maturely and deliberately to decide upon all
such communications addressed to it by either OF the
States of this Union and the summary rejection Of the
same without their being debated, printed, referred,
or any action whatever had thereon is Insulting the
honor and injurious to the rights and interests Of The said
| sovereign States Of the Union.
| Res0iped, That the Federal Government is Govern.
ment Of limited and specific powers, derived from the
people Of the States thereby conederated and united,
! and TO said Government by them granted under the
Constitution that all powers delegated to the said
| United States by the Constitution, nor prohibited
by II TO the States reserved the States respect
lively, or to the people that, therefore right OF any
denomination be cancelled, abridged restrained, or
modified, by the Congress- by the Senate the Hnnsc
Of Representatives acting in any capacity by the Presi-
dent or any department officer OF the United States,
except IN the instances wherein power is gwen by The
Constitution for those purposes and that among other
mpescnptble and essential rights the freedom OF con-
SCIENCE Of speech aud o. the press and the right the
people peaceably to assemble and to petition the Co
yernnent Tor redress of grievances Of The original
and innate mmuntes of the said people OF the United
States rights Of theirs derived from. be weak
ened by. the common or any other positive law OF this
or other country, but inherent in the said people
people, aud under the constitutions OF the several States
by and 10 the said people guaranteed and consecrated
forever and which, by thereof, be
ceed abridged, restrained modified consltutionay,
by any authority Of the United States whatsoever, in
any form OF law, whether the same be the of the
Houses of Congress, Of either of them separately.
Resoired, That the people Of the United States did
ordan and establish the Constitution thereof in order,
amongst other things, TO the blessings of liberty
to them and their posery that to this aud the powers
OF legislation were vested in representative and delber
alive assemblies, to wit: Senate appointed by the
States, and House OF Representatives chosen by the
people OF tho States; that, in the exercise Of their
rights by the said House Of Representatives and the
members thereof there should be full scope and perfect
equality, without introduction OF any subject of public
concernmeni, and without inhibition Of any subject to
| members from one portion Of the unon exclusive
privilege OF 1t 10 those from another portion; that all
such attempts to smother and suppress the discussion
of particular subjects, whilst iusoIy and frutess in
themselves, do moreover mpeach the first principles of
Democratic liberty, which enjon the establishment and
propagation of political truth without let fear that
the FIRE dom OF speech forbidden by the Constitution to
| be abridged in whatever case is supremely
titled to immunity and respect in the person Of the
personalities OF the people in Congress- who in orderly
speech or debate in either House should not be ques-
toned nor hndered there elsewhere that the House
OF Representatives may determine the rules Of its pro-
ceedngs but that cannot constitutlonay, by per-
petual antecedent prohibition, preclude its members
any one or more Of them, from debate and motion 10
SPECIFIC excepted class OF subjects provided the
be things within the purvew of the Constitution, and
concerning which the people Of the United States,
any part thereof desire be heard through their repre-
I sentativcs in Congress.
Rcsolred, therefore, That all that part of certain
resolution Of the House OF Representatives, adopted
| on the l2yh day OF December last, which provides
that every petition, memorial, resolution, PROPOSE
ton, or paper" Of prescribed class, shall on the
| presentation thereof, without any further action
thereon, be laid on the table, without being debated
printed, referred" is violation of the rights of
the States, whose official communication Of said
class it excludes from due and proper consideration
violation of the right of petition inherent in the
people OF the United STATES, which it cancels and
abidges, and violation of the privileges of speech
and of debate, rightfully apperlanng to the men,
bers OF this House which il forecloses and abolishes
and therefore that so much of said resolution be-
| and The same is hereby declared TO be unconsu-
| tional, and merely void, and of null effect.
! Mr. c. having indicated wish to debate this re-
solution, it lies over for day under the rules
| IN SENATE.