The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-01-12

can speak properly unless he has Investigated il
and understands it properly
However, in debating the question, he should en-
deavor TO show by argument and reasoning, referring
a. the same time to high authority, which cannot be
denied or controversial IN illustration Of his argu
ment, that the position assumed by gentlemen is
untenable.
The Committee on the Rules had made a report 10
TINS House, during the absence Of two Of its members,
and the gentleman from Virginia mr.. Dromgoole)
mad moved TO re-commit the report back 10 the com
mittee, which, II referred, would, In all probability,
have secured the retention OF the 25h rules but be
glad heartily glad, that the gentleman from Georgia
Mr. Black had amended that motion by instructing
that committee to report the 25th rule, which would
be the means Of producing another report, including
this much derided 25th rule.
The honorable gentleman from North Carolina had
said that he was merely in favor Of receiving these
petitions, that they might be laid upon the table,
This doctrine of receiving petitions that they may
sleep IN silence and contempt on the Speakers Ia
BILE, annihates at once and forever the inestimable
privilege Of right to petition this Goyernmeat-
The very argument that he has advanced to sustain
HIM IN his position, is death-bIow to the right OF
petition for which he has manifested affected de-
volon II you carry out the right of petition in its
purity you must not only receive Them but you must
egisate or the object of the prayers of the petition
ers is lost sight Of, and there is no petition at ALL
The idea that the Constitution intended 10 convey
the right Of petition, was far above this bubble 1t
eots over which Congress has any jurisdiction, and
this receiving petitions that they may quietly sleepn
this House, is amockery this nestmable privilege.
To secure this right to the People in spurty, you
receive them, you bound to legislate which is
the true intent and meaning &c the Constitution the
right Of petition.
The Constitution does not give the right to petition
on any subject which Congress has constitu
tiona jurisdiction, and he denied the right to receive
much less to debate their contants Why receive, if
| you cannot debate' Why debate, if you cannot
grant the prayer contained in the petitions The
| gument, and the premises of the gentleman from
North Carolina, false in themselves because his
premises and logic annihates, rather than secures
this right by denying to Congress the constitutional
power to pass law abolshng slavery in the Dis
| trict Of Columbia The Constitution is limitation
| of powers beyond which we cannot CO. If we at
tempt to legislate upon subject over which we have
no jurisdiction, we will be like the mariner at sea
without compass We must not go beyond that
instrument, Or if we do, we go beyond our oahs OF
Office. Gentlemen have referred to the British Gov
ernment in illustration of this subject and contend
ed that while we deny the right Of Congress to re,
cevc Abolition petitions, in that country the right OF
petition was unlimited and unrestraned. To under
stand this subject thoroughly, we must go back &c
the time when the Constitution adopted, and they
will find that, in both American and English history
the right which they claim only exists in their heat
ed imaginations. Here is the first amendment of hat
wise instrument, which declares that
| " Congress shall make no law respecting an esta-
blishment of religion, prohibiting the free exercise
thereof or abridge the freedom of speech or the
press; or the right of the people peaceaby to assem-
BILE, and to petition for redress Of grievances"
Why was this clause inserted 1t was to guard
against the exercise Of that very arbitrary power be-
fore the Revolution, which was contained in the riot
act, prohibiting the People peaceably to assemble and
petition for redress of grievances. Who to be
the judges in this matter? The gentleman from
North Carolina says the People are the judges Of
their own grievances. Why, then, petition to this
body to egislate upon subjects Congress must be
the judges in the matter, or there is no use of petit
tioning at ALL If they are the judges they have the
unquestonabe right to reject these petitions in toto
There is no escape from this position.
The honorable gentleman from South Caroline
Mr. RhetD yesterday gave some particulars in rela
ton to the operation of this riot act at present
the English statute book, and TO which gentlemen
refer for their wild notions on the right of petition
But he would call to the minds of honorable gentle
men precedent of more recent date, long since tn
adoption of the English Bill of Rights, and of Amer
origin, where this right had been obstruced in it
purity and denied as right to American freemen
ga,e-t was Mr.. Clay himself, while he occupied
sea tin the other wing of this Capitol He refused t
receive petition on the removal of the deposites
subject upon which Congress had The power to legs
| late.
Previous to the American Revolution, IL Bishop,
petitioned the King to change the policy of his Gov
eminent whose property sequestered, tried fol
high treason, and executed This is illustration
of the light Of petition in England, 10 which gentle
men have referred us for authority.
! For the causes which ted the Bill of Rights in
England, he referred gentlemen to the New York
reports pages Is to II, as follows
1" To prevent the people from assembling and dis
cussing their grievances, severe laws were made
against what the nnons of power mig ht deem a
riot rout, or unlawful assembly. Even at common
law, where number of persons from thee to eleven
concerned, fine, imprisonment, and the pioly are
awarded" (dawk. 2. C.. 1889
For the cases in which petitions were rejected be-
fore and afterthe Bill of Rights, in 1868, in England
see page 20 of same report, commencing in 1913 anC
ending June Ii, 1913:
"IC43 The Assembly Of Divines presented petit
ton the Lords, setting fort the daily increase
growth of all manner of outrageous aud intoleable
denominations, such as drunkenness, swearing, un
cleanness and other crying Sis and praying for the
speedy appointment off some able godly and prudent
magistrates
No notice taken ofthis petition.
"l6i3. The Unisersily or Cambridge, petitions the
Lords andC Commons, Setting forth how colleges
our hunters grow thin, and our revenues short
hew, frightened by the neighboring noise of war,
students either quit their gowns or abandon their
studies how degrees be dsesteemed, &c; and
praying for relief" No notice taken of the
petition.
1894 April 9th, petition was rendered to the
House relating to the bill granting duties upon the
tonnage of ships and the question being put that the
petition be received il passed in the negative"
1898 April 28th, the vote on a petition
against bill laying duty on pit coal"
! ''1706. 2lst December, Resolved, That this House
will receive petition for any sum of money rea-
ting to public service, butwhat is recommended from
the Crown"
! Glib. June llth. The above is declared to be a
standing rule of this House,"
So much for English precedent upon the right of
petition. He then referred them to the American
precedent TO which he had alluded which will be
found in the same report page %.
"a petition remonstrance of the citizens of
York, Pennsylvania, approving the removal Of
j the d. posies by the President presented 10 the
| Scnn;e and OH il being Iead Nh Clay ohiected 10