The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-03-21
REMARKS OF MR.. DAVIS,
OF KENTUCKY,

OF KENTUCKY,
oyTHEsuBJECTo OF ABOLITION PETITIONS.
or the three several NODES in which abo-
l,ion petitions are to be disposed OF by this
House, according to the propositions OF dlfie-
rent gentlemen, avow my decided preie-
renee for the one offered by the member
from Maryland, (Mr. Cost Johnson.) Tose-
cure prompt disposition Of the subject, |
have been willing to yield my assent, to each
of the several propositions in the order IN
which they were presented. LIST, To lay all
papers, connected with the subject, upon the
table without debate. I'd. To consider the
question of reception upon each one, as being
made on its presentation, and forthwith to be
laid upon the table, without further proceed
lngs upon it, Sd. To refer all petitions, &c.
without discussion, TO a select committee for
their report and, finally, to refuse to receive
any paper connected with the abolition Of
slavery in this District, or the traffic in slaves
between the States, or an interdlct against
slavery, on the admission Of each new State
know there was great diversity of opinion
and feeling in this Hall, in relation to these
matters; and believing that they ought never
to have been obtruded in it, for myself, | was
willing that they should receive any direc-
ton, which would not place the House in
position palpably improper.
concede, most fully, that if Congress be
bound to receive these papers, it lies under an
equal obligation to read, TO consider, and to
pass It's judgment upon them. The phrase,
TO rece're, has meaning peculiar and appro-
pirate to the subject The mechanical act of
taking the paper in hand, and the placing it
upon the table, by the clerk, under the direc-
ton of the House, does not fulfil its sense
Such disposition does not require reason
and intelligence and an insensate automaton
might be made the agent of such reception.
Grant that the Constitution secures to the CT
tlzen the broad general right of petition, and
imposes upon Congress the obligation to re-
celye such petitions, as he may send up !;
what can be more ridiculous than to say that
this fundamental principle is asserted and
maintained, by the House allowing them to
90 upon that table. and there to remain for
ever, unopened and unread To receiue, has
an import sensible, practical and adapted to
the matter in connection with it. Its sub
stance and its essence involves examination,
understanding, deliberatlon and decision by
the body 10 which this appeal by petition, is
made. This definition is according to COM
mon sense, and all the analogies of our CO.
vernment. The Constitution expressly in
hbs the States from laying any impost or
duties on imports or exports, without the con-
sent Of Congress; except where it may be
absolutely necessary for the execution of its
inspection laws The State of Maryland
passed law requiring every importing mer-
chant to purchase license at the cost Of
two hundred dollars before he could max Q
sale of any goods which he might have i'm
ported The question OF the constiiutionality
OF this law was brought up to the Supreme
essence of importation; that it was the OBJ
Iect and the end, and without sale, there would
be no importation that the Constitution in
tended to comprehend sale in this complex
term, import and, consequently, the law of
the State, was void and imperative. So, 10
receice petitions, is phrase Of complication.
II II exists as constitutional right, which
every person, upon all subjects, and at all
times can claim, its only value is, in the IN
cumbent duty of Congress, to hear and render
decision upon the petition Without this
practical end. it would never be exercised, or
claimed; il would be motionless corpse,
without vitality or soul. The notion, that the
trainers of the Constitution, incorporated into
That instrument, solemn mandate upon Con-
eress, to admit all petitions into its Houses,
win full liberty to put upon them seals, neUer
10 ne broken, is not more absurd than ludicrous.
All attempts to satisfy constitutional re-
qulrement, creating an obligation to receive
petitions, by passing resolution that they be
handed to the clerk, and that he nail them to
MS table, so to remain, is contemplate chica-
merry, IN disregard Of common sense, insult
Ing to the petitioners and the American Peo-
pie and derogatory to the character and dig
hity OF Congress.