The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-01-15

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tainy not. Then If the Constitution has not
prescribed any particular rules which shall gov
ern them, or prescribed what subjects the People
may petition upon, the power is clear and dis
iinct The People have right 10 petition and
Congress has the power TO reject In what depart
the law-mskng power5 To Congress. Why has
this power been delegated, ii they cannot exercise
their own Judgments upon subjects presented to them
Tor their deliberate considerations IL it is conceded,
1t must be, by those who claim the rece ptiOn of
these petitions right that Congress is the law
making power of this Government, they must con
cede that this House. under its rules has the power
TO reject them. To sustain him IN this position he
referred the House to the action which had been
previously taken the resolutions introduced into this
House by Messrs Pinckney and Patton and the present
rule of this House, which was executed by Wing
Congress, and which now exists and contended that
the last resolve was the controlling precedent on the
ground that aiel statutes repeal former p and
that The principle applies also to g rules.n
MIR. b. then said if this not sufficient author-
~ for gentlemen, who are so pugnacous this sub
lect he would give them Federal authority which they
were bound 10 admit He then read fom Story's
Arrangement OF the Federal Constitution, page 1877
section lS5, TO show that the most unexcep-
tionable Of collateral interpretation is from
practical expositions of the Government itself, 10
It's various departments upon particular questions
discussed and settled upon their own single mers.-
These approach the nearest in their own nature to
4
recommendation that belongs To the latter"
| He then contended that if ever Congress did at
tempt it, and passed such an amendment 10 the Con
stitu ion was proposed in the buttons Of the
Commonwealth OF Massachusetts, and presented TO
this House by Mr.. Az that no advocate of the Pinck-
ney resolutions would be found in this Hail. and that
! if any Of them did remain, he would have 10
g call on the Rocky Mountains to hide him." and
I that his constituents would put mark on him
ildsliibie as that which placed the first MUIR
durer.
/ MIR. b. then took up the arguments of Mr.. Adams
and Mr.. Beardsley Of New York in regard TO the
power they claimed Congress had the right TO
else in tie District Of Columbia. He analysed their
arguments i'll most powerful and clear manner, dis
senting toto from their Federal heresies He said
that slavery rightfulIy existed in the District of
Columbia, under the cession from Virginia and
Maryland, it ever existed in Them if The cession had
not been made, and boldly declared that they had
never surrendered the right TO this Government and
denied that Congress had the power as asserted by
the gentleman from N. York Mr.. B to emancipate
the slaves with without their masters consent
and with or without paying for them as Congress
might think proper. He hoped that gentleman
would not lay the fattering JUNCTION TO his SOUL for
he assured him that if it should ever be attempted
the mountains that divide US would flow like the
tiers OF Egypt, crimsoned with blood That gentle
man had said that slavery had not been sanctioned by
the Constitution in the District of Columbia but he
would inform him that the Constitution does sanction
Union 10 this day. At the time of the adoption Of
the Constitution, the District Of Columbia did not ex
lst as permanent seat of Government, but that it
was component part of the States of Maryland and
Virginia at the time, and that slavery existed under
the compromises of the Constitution.
MIR. BEARDSLEY explained.
| The other gentleman from New York Mr.. Da-
visl uttered a rather strange sentiment in the
course of his argument. He contenled, that if
the South were 10 abolish slavery he would go for
! dissolution of the Union.
Mr. DAVIS: Immediate abolition
Then (said Mr.. b } have two kinds Of aboli-
iionists-immediate and prospective. Ii the negroes
were turned loose from their masters they would
flock into the slayehoding States like locusts into
Egypt, aad they would be compelled to drive them
into Canada. IL not, where would they goi Would
the Government colonlze them So long as they re-
main among US, they must be left they are be-
cause two distinct races of men cannot exist together
without or the other being in the ascendency ;
and il is idle for gentlemen TO speculate upon the SUBJ
ject Ii has existed since the creation of the world
and will continue TO exist in shape or form, to
! the end Of time.
While dlscoursing upon this subject, he asked
where the products of the slave labor of the South
went IL did not remain in the South Ii it did, they
would be the richest people the face Of the globe
but instead Of being the richest they were by far the
poorest Do we drink itup? If we do, we are the
greatest set of drunkards the face Of the EARTH
No, il goes to New Yolk and Boston, and to
u
build up splendid edi6ces in those cities for the ha-
citations Of wealthy nabobs There is where il goes
And by the abolition Of this labor in the South the
North would feel the fleets as sensible, if not more
So than lhs South therefore it is the true interest of
the North to support us OF the South in consttu-
tonsl rights. But the principles laid down by the
gentleman from New York (Mr. Beardsley) goes
iurther upon this subject than Brney or Smith, or
any other avowed Abolitonst has ever gone because
WIN emancipation they willing to pay for them,
but the gentleman from New York claims the right
to do II without pay
Mr. BEARDSLEY explained, and said he did not
say pay, but legislate upon the subject
hen, said Mr. B., if you have the right to legislate
you have the right to pay There is no difference on
the subject, and be took him upon that ground
Where is the money to come from 10 pay; Out OF
the public Treasury-from the revenue of the Gus.
toms There is where il must come from, il you
pay at all, as the British Government has done l.
the people of this country TO be taxed 10 abolish
slavery to crafty the Abolition fanatcsi
The gentleman from New York claims the power
10 abolish slavery in the District under the
head Of exclusive jurisdiction, but that is not
an unlimited power which the abolition oil
slavery would be if exercised. The Consttu-
ton says what Congress may do, and it says what
it shall I do. IL says Congress shall pass no law
granting title Of nobility, no en- post facfo law OF
abridge the freedom Of speech of the press but
f the gcntemans doctrine of exclusive jurisdiction
is true, Congress can perform all Of these functions
mat gentleman brought forward another question
and introduced high authority-Mr. Madison-thai
the House might receive petition, although part
may be obectionI ble and demurred from the opinion
Of the Chair on that subject; but he MIR b. believ
ed the decision of the Chair was correct under the
rules and, he had before asserted this House ha.
the Constitutional power to receive reject petitions
rs in its judgment may seem proper. He had exam
/ ned into the progress Of Abolition throughout tb,
Union and declared, in his opinion that slavery wa,
. justified by the laws Of God and the laws Of mar
and denied that il great moral and politica
, / Grill"
But, in his humble opinion,he had produced prec.
dents which conclusiyey show ed that after the Bill
Of Rights in England, in $685. standing rule Of th,
British Parliament had been adopted which exclude,
2 petitions; and he had also given precedent in tn,
. American Senate, which must for ever put this sub
4 ject TO rest with the American People
The English Bill of Rights was simnv IN do a,va,