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


ITO this day an act of Charles the Second was in
force which refused the right of petition because
under that act,eno than huentu persons could
assemble AT once, and not more than ten could sign
me pettlon alter 1t was drawn up, and which must
be signed by hC0 justices of the peace, before IL
could be presented to Parliament. In this Govern
ment no such power be exercsed-no State
can pass such an act, because it would violate
the Constitution. The right of petition is great
personal privilege, guaranteed by the Constitution
OF the United States, and which cannot be abroga-
ted by receiving them and not acting upon them. If
you have right TO receive them, you have the right
to legslate, and this is the ground upon which the
South will stand. But the opponents to the 25h
rule say they wish merely 10 receive, not 10 egslate
upon them, which is against every principle laid down
in the Constitution; if you receive, you bound to
legislae. He asked gentlemen if they thought that
the reception OF these petitions, without legislative
action, would satisfy the Abolitionsts of the North 7
For HIMSELF he did not. He believed the best course
would be to close the doors of this House against
them, which would be likely to quiet the coun
try than by receiving or referring them to any COM
mlttee whatever. The rejection of these petitions by
Congress does not affect the right of petition as it
was intended by the trainers of the Constitution
This is Government fspecific limited, and defined
powers, beyond which Congress cannot go without
violating the Constitution. If you have not the right
to legslae, you have not the right to receive be-
cause the functions and powers Of Congress alto
gether Legislative. In every part of the Union the
lures upon subjects Of which they are aggrieyed and
who have control Of their domestic relations-they
can petition the President Of the United States and
Congress upon all subjects within the purview of the
Constitution. Does not this cover the whole
ground of the right of petition. 1t is very
different thing for the people to peaceaby assemble
and petition for redress Of grievances, and to petit
ton Congress upon subject with which they have
nothing to do, and which Congress has no control
whatever. Suppose gentleman rises in his place
l. N Nh, ~.
of Columbia, 1t OF course goes to the Speakers TIA
Bile. If he rises and presents resolution, it goes
also to the Speakers table, and if they are debated,
do they not become part of the legislative history
of the country Certainly. The question as it is
presented here is simply this Can portion of the
Union petition against the rights of another? Or
shall the power be given to those who with the
prayer, those who present il If they debate
one step they can debate all and to whom has the
Constitution given the power To the Congress of
the United States. The moment gentleman here
moves in any matter, the subj ect becomes legis-
lative action, and not OF personal character.
If it were otherwise, would it not be usurping the
constitutional power Of Congress If it Of an
individual character how could all the people
Bile in this Halle If Congress had the moral right, it
has not the physical power to pass through such
ordeal. So soon petition comes here, Congress
must act-not the petitioners wsh-but in their own
wisdom. Therefore Congress has the Constitutional
power to receive re cct they shall think proper
This is limited Government, beyond which can
not 60 The Constitution says that each House shall
make lis own rules and beyond that power can
not go. If petitioner asks to do an act which is
prohibited by the Constitution, we cannot entertain
ii, much less TO refer 1t to communicative cannot
entertain it because we have not the power
The gentleman from North Carolina Mr. Cling
man put this question of petition upon the same
footing of prayer to the Supreme Ruler of the Uni
verse, which he id might be granted or not
Mr.. CLlN OMAN here rose and said that he used
the figure merely to illustrate his position and not
to support the idea that Congress had a right TO abo
fish slavery.
Then, according to this theory we have a right to
petition God for any thing that does not niure
oursel no matter how injurious it may be to Others
which is Just the with the subject before the
House We have perfect right to petition the
Deity, so 1t does not conflict with the laws of Prov
dence. So has the North perfect right TO petition
so long as they do not run in conflict with the Con-
stitution-the organic law of the land
! Does any gentleman suppose that if We were to
abolish slavery in the District Of Columbia it would
stop here Has man right TO set fire TO his fields
to the imminent danger of his neighbors property /;
Certainly not. Neither has Congress the right to
abolish slavery in the District of Columbia to the
injury and detrment of the People Of MARYLAND and
| Virginia, who ceded this territory TO the Govern
ment, and the rest of the Southern States interested
in this species of property Is this right Certainly
not
When the Constitution is departed from, what
shall we do What security have We when that in :
strument Is dsregarded and set at defiance DO you
suppose, for one moment, that fathers, who
framed the Constitution ever thought that this inhe
rent right TO our property would be thus questioned
The day IS not far off, if this course should be per-
sisted IN when the object and aim of those who press
TINS subject with so much pertinaclty never relaxing
ltor a moment, will be consummated. il will dis.
solve this Union But he would not sing halleluiahs
to such sad calamity, SHOULD il beiall this devoted
land. We, OF the South, can gain nothing upon this
subject by concession; and those who flatter them
selves with that idea have not studied closely the
history and progress Of nations and analysed the hui
man heart. In New Hampshire, where the Demo
cracy of that gallant State took bold stand Adolf.
ton was put down, but in Massachusetts, where IL
has been tempered with, il has incre ased. Is not
this practical lesson for us bere2 The spirit which
prompted the gentleman from Massachusetts Mr..
Adams TO present petition praying for dissolution
IS getting deeper and deeper every day. He did
not wish 10 say a word upon this subject but if no
other gentleman would take the responsibility, he
would, and warned them 10 reflect seriously upon
what they about to do In the South dis
satisfaction is increasing every day, and il not
stopped, II will end with a dissolution Of the
Union The moment this House commences ac-
ton upon the subject, that feeling will be aroused and
no impeachment can stop It's progress He believed
with the gentleman from North Carolina MIR Cling
NAM on one point, and that was-no matter whether
the petitions be received and referred or not il
would not stop this wild spirit of fanaticism. Then
the best Course would be to stop their Roadway at
once. by retaining the 2jth rule and not receive their
MISSILES thrown in here for reasonable purposes.
If gentlemen determined TO insist in their
course let the worst come but he hoped the South
would stand up by their rights and maintain the in
! tegrity of the Union as conceived in the wisdom of
their fathers, and at every hazard maintain their
honor and rights Union or no Union.
The reporter feels confident that he has not done
Mr. Rhett justice IN this sketch Of his speech, be-
cause II was mastery effort in vindicaon OF South
ern rights. He was heard indstinctly that it was
impossible TO Keep pace with his argument1
Mr. BIDLACK spoke in favor of the 25th rule, but
was cut of in the middle Of a sentence-the morning
hour having expired.
REFERENCE or THE PRESIDENTS MESSAGE.
Mr. RATHBUN then took the floor, and spoke TO
the subject matter therein contained and called upon
gentlemen Of every section TO throw away their sec.
tionnl leenrs and act for the rnnd OF The ,uhnln