Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1840-05-28
CONGRESSIONAL.
REMARKS OF MR.. HENDERSON.
OF MISSISSIPPI.
On the reception Of Abolition Petitions.
In SENATE, Feb. Is, 1910.

In SENATE, Feb. IS, 1910.
In. PREslDENT:--l rise TO participate in thi,
Gate, so far only as the question is supposed
volve the right OF petition, and the policy
ur action here, in reference TO that view OF
subject.
he honorabeISenators from Massachusetts,
q. WEBsTER,) and from New York Mr. TALL
sGE,) seem TO regard refusal by Congress
ne presentment Of petitions for the abolition
avery as an inlraction of that right, whilst
honorable Senator from Kentucky, (Mr.
sY,) has, with his accustomed eloquence, and
b FEASIBILITY, expressed his apprehension
the people of the South, in claiming even
r rights here with too fastidious exaction,
4 diminish their friends in the North, by
hitting the Abotlonists the advantage of
living, with their primary question, the
G popular one Of the right Of petition, and
many will propable make common cause
be right Of petition, and persist in asserting
princlpIe here, who would not concur in the
ocular proposition on which this right is so
uently debated.
propose a deep discussion on these two
stions And first, as TO the right of petit
#he following is the amendatory article Of
Constitution of the United States, in which
right is said to be secured:
ART. /. Congress shall make no law res
ing the establishment Of religion, or pro-
ting the free exercise thereof; or abridging
freedom Of speech, or of the press, or the
1t ofth people peacably to assemble, and to
ton the government for redress Of griey-
ss."
a respect to the right of petition, what does
article propose? 1t does not attempt to
5ify the measures, or the extent Of the right,
o what subject it shall appertan' II does
attempt to specify what are the duties and
cations of Congress in the reception Of Pc
ms, or the measures of redress which Con-
SIS may, shall, or can afford. The right Sc
ed by this article is simply an immunity on
part ofthe People from any lac emanating
IN Congress abrdging the popular rights
acably to assemble and petition Government
a redress Of grievances" Whilst Congress
tains from making any such prohibtory
:, are not all the Obligations which this drti-
imposes on Congress duly respected 1t
st be observed that this article contains no
INT of poscer to Congress; ii does not enlarge
n sphere ofis dutieS--it brings nothing with
the jurisdiction Of Congress not otherwise
the Constitution; it does not multiply the
)jecis on which it is permitted 10 give au.
nee, indulge debate or grant relief. No such
ing. 1t is prohibtory and restrictive on
ngress, SO far as power and jurisdiction are
lccrned. Ii observes entire silence as to the
ieral subjects on which the People may right
ily and appropriately petition the "Gorern
mt" of the United States for relief These
questionably must remain precisely as i
is prohibitory article on the power Of Con
ess had never been inserted in the Constitu
in. What criterion, then, is furnished to thu
ople of the appropriate exercise of theil
ght ofpetition? Is not the answer obvious
found in the enquiry as TO what Government,
IS the po,cer 10 grant redress?
Suppose the grievances complai ned OF BIZ the
atute Of Massachusetts recently known as the
yieen gallon law." Will any constitutional
lwyer contend, or does the most ignorant cit
sn believe, that the article of the States Con
itution above quoted has conferred right or
le citizen TO come hereby petition to have tina
wv abolishedp The answer TO such propo
tion would seem TO me SO manifest as to leave
) room for doubt on the subject. If such pc
lion were presented, what should be not only
70 right Of Congress, but its respectful duty to
ards Sovereign State? Should we permi
,rselyes TO receive, refer, report, and debate
e propriety of our assuming TO correct The
gislation Of Massachusetts on this subject
ay some half dozen citizens of Massachusetts:
me here and claim as ofright, to hold the
vereignty of that state in allegiance before
,ngress for weeks, and months, and years to-
ther, on such subject, which every citizen
bis and knows we have no jurisdiction off,
1t If thaProposition appear unreasonable in
is aspeci bow much greater its enormity
len, instead of the measures being proposed
the citizens of Massachusetts, protesting a
inst the grievances OF their own State laws
should turn on: that the Observation-Disclosures
affairs there was sought to be corrected
Congress, on the petition Of some scoY Of
from The shore OF the Mlscis'
'if