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


istence and the extent of the right of petition
and grant, as general rule, where there is a
right, there is correlative obligation. The
first article.in the amendments to the constitu-
ton provides, Congress shall make no law,
respecting an established religion, or prohibit
ing the free exercise thereof; or abridpinp
the freedom OF speech, or Of the press or the
right OF the people peaceably to assemble, and
to petition the government for a redress of
grievances" To aid in giving construction
to this clause, lei us supply its grammatical
elpsis, and il will then read, " Congress shall
make no law respecting an establishment of
religion, or prohibiting the free exercise there
OF; Congress shall make no law abridging the
freedom OF speech, or Of the press; Congress
shall make no law abridging the right Of the
people, peaceably to assemble and to petition
the government for a redress Of grievances
Il is apparent, that SO long as Congress re-
Trains from any legislation, restriction Of the
right of the people peaceably TO assemble,
and petition for redress of grievances, the
last branch of this article will remain invio
latc and that is the only provision in the
Constitution bearing upon the subject. But
gentlemen may say, that refusal by Congress
TO receive such petitions, would infringe its
spirit. To Judge of law from its spirit, il is
highly important to look at the condition Of
its subject and relative circumstances when
it was ordained. Much of the general out
lines of our system Of government, and of our
jurisprudence, is derived from the parent
country. An attempt to improve, or modify,
the one or the other. is seldom made without
recurrence there, to learn from the experience
Of our kindred; and often to adopt or reject
principles which they have established In
the year 1880, Lord George Gordon, as the
President Of the Protestant Association, as
sembled, in st. Georges fields, fifty thousand
Of its members, and placing himself at the
head Of this vast multitude, moved up to the
Parliament House, to petition the Commons
for the repeal OF some measure Of indulgence
to the Roman Catholics. Their petition was
rejected this greatly incensed the people, who,
stimulated by the force Of their numbers, and
influenced by fanaticism, took forcible possess
sion Of the Parliament House-marched upon
all the prisons Of London, and liberated their
inmates-for four days, awed and overpower-
ed the civil and military authorities sacked
many houses. fired the metropolis simuta-
neously in thirty different parts, and threaten
ed a sudden and terrible overthrow of the GO
vernment. The authorities at length reco-
vered from the inert amazement into which
they had been thrown, concentrated the mill
tary from the neighboring posts upon London,
and succeeded in quelling and subjugating
this mighty mob, whose daring excuses had
shaken the monarchy of England. To pre-
vent such scenes for the future, and with an
avowal of securing the independence Of Par
lament, and order in its proceedings, il passes
law, to which were appended heavy penal
sanctions, interdicting the presentation OF any
petition to Parliament, by more than five per-
sons. II was doubtless 10 prevent similar le-
gislation by Congress, that this amendment
was proposed and adopted as part of the
Constitution. Any move by either House,
that would have tendency to bring in ques-
ton, the fullest right of the people peaceably
to assemble in any numbers, here or else
where. to petition for redress Of grievances,
would be in hostility to its spirit. But refu-
sal by this House to receire petition on this,
or any other subject, whether brought up by
the petitioners themselves, or sent to mem
Der, TO be by him presented, would be no in
fraction OF its letter or spirit. II those who
framed the Constitution, intended to make il
obligatory on Congress, to receive and decide
upon petitions, surely they would have used
some language expressive Of that purpose
But that glorious instrument was framed by
wise men, who foresaw the evils Of this shack
cling Congress, and who consequently left it
possessed of general and complete discre-
ton in relation to the reception of petitions
which, like all its other high discretionary
powers, must be exercised upon its appropri-
ate responsibility. If it be abused, we are
amenable to the tribunal Of public opinion,
and to our constituents at the polls.
| This right of petition is not, then, in our
system a constitutional political right, but, if
may use the term, | would denominate it
moral political right When it is exercised,
the constitu,ionaliy, the justice, the expedi-
ency and the whole fitness Of the legislative
action asked for, are to be considered by Con-
grcss: and these considerations are to be
looked to as well in the reception Of the petit
ton as in the ultimate decision upon it. In
most other governments where this right ex-
lists land it obtains by universal usage and
law it is the inferior approaching the supe-
rior-ihe vassal and the slave, his master, in
the language Of duplication. The chief
cause OF It's existence is the inveterate, relent-
less subserviency of the people to the govern
ment, and its manifestations are, generally,
appeals from the dependent to the clemency
and sense Of justice of those above them. In
this country political sovereignty, instead of
being lodged by fraud, force, or accident in
the Government, is acknowledged to be, as
by the eternal laws of nature it is, in the
great body Of the people. Their will and
their power are mainly asserted and enforced,
not by petition, but by the exercise Of gene,
raj and free suffrage in frequent elections Of
all the agents Of Government. Here, the right
OF petition looses much Of its valu, and i'm