The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-07

Mr. GILsiER argued that il was not privileged ques
tion-it report of committee, and DIS such
entitled to consideration than any other re.
port If this was So the question was not question Of
privilege entitled 10 priority other report Of
commi tees OF the House. Mr. Gmer deprecated the
listing excitement on this subject Every word utteredby
certain gentlemen had been words OF defiance.
Mr.. BLACK meant to defy any majority OF any commit
tee rules and furthermore, of any majority in this
House, and he repeated the defiance now.
Mr.. CARROLL called the gentleman to order
Mr. BLAcx-l am not out Of order, sir, do mean to
embaTrass the House or the chair But he could not
exhibit that degree of GOODNESS by the gen.
tleman from vnginiaa GOODNESS, prompted perhaps by
some gentlemen il would not be acceptable to consti
tuents Gentlemen might treat this question one OF
would not succomb to the dication o any on this
subject he could not be lost to his Of duty, and
OF his consucr s If no was to permit abotonsts and
incendiares to ctme to this House. and insult him and
them.
Mr. GiLMsR asked ifthe gentleman alluded to him
Mr. BLACK said he was not abiding to the gentleman
would never ool while his Constituents were liable to
be assailcd by incsn 'a and abolonsts He would
from plain and palpabs decision OF the Question He
would come forward in defiance Of policy, demand
just and impartial settlement OF it, He had voted TO
consider the of the House which had consolidated
the report OF the committee rules because he desired
to see every put his handwriting on the wall-he
would ainx MS own and would not bind himself with any
man or set OF men What cared he for wings demo.
cras when the question OF abolition came uP' He hoped
the Rouse would adopt the amendment which he had pro-
posed to w.t. to instruct the committee rules report
70 the House that rule by which abolitionis could be
ueered from inruding their ncendiary doctrines
the effect and operation Of which was damnable.
Mr. HocsroS thought that the question upon the merits
bate The proposition was to recomm the renort with
instructions They might debate day after day and after
al they would have to vote merely on the proposition to
and then the debate would be renewed He looked upon
the present one as an entire waste oftime Mr. H. moved
the previous question.
Mr. CLNaMAS desired to address the House, but the mo-
on ior tne previous question being pressed after
MI HENLEY moved to lay the whole subject upon the
table
Upon this motion, the ayes and nays were demanded
Mr. HAMLIN would vote upon this question: and every
other according the dictates ofght wrong and his
own Judgment The question resolved itself into this
would they adopt the 2lst rule or not3 and he thought
they might well upon the subject and dispose OF
after recommtment. He thought the right Of
petition a constitutional right, and when the
saying they will not receive petitions they went against
constitutional right fthis done, majority in the
Housem at any time arbitrarily reject any petition on
any subject Let them be referred and reported upon
so was h sacred obligation which they Swsd not to the
this would carried away by collateral issues
They would stand by the Union at the expense of life
pie Of liberty and BY their glorious ahera ther
obligations to maintain the Unionthe whole Union and
the sacred and naienable right Of petition ."
Mr. BrAnpsLEy was opposed to the 2lst rule He had
long been Of opinion that Congress should receive these
petiuons mad been adopted to exclude the House.
and turn out OF doors The House had no authority to
fuse them and ought to receive them like all others
semble peaceaby aud petition for redress grievanc.
even who; they tGy might 10 be
ton fairly and candidly Look ut it in a COM
mon sense point of view, and secure to the
in the constitution itself, and which Congress could
not infringe without palpable violation of that nsru
tons dot 1t does not follow that we are to endorse the
sentiments they may contain 1t would not do restrict
tected in England Petitions p the days of the most arb
tary tyranny had never been hurled doors in the
Congress Some gentlemen seemed think, that to re-
ceve petitions approve their prayer This by
cord the right Of our fellow Citizens to petition this House
The trainers of the constitution dreamed of
say they shall not be received Nothey knew that this
was right essential and inaenabe Mr. b. read from
the Virginia resolutions and bill Of rights prove this
position and said it did not belong Congress
decide what did and what did not constitute grievance
But when petitions came here they could then decide and
dispose OF them in such manner as they might deem
best, and should they demand of to do unconst
tnonal act they would CT refuse compliance
But the object OF this rule might exclude petitions,
parts OF which constitutional He could
to this. We are bound consider what constitu
tioaa in them, although we might disregard what
not. The very first Congress, that Of l79S when
resolution 10 suppress the slave trade introduced
cared had not right to do Again. in $685. Congress
passed another resolution affirming they had no right
to interfere with the subject because they had power
to act But they never questioned the right of petition
This had grown up within the last few years but he
must repent that even though petition might be uncon
stitutonal, that valid why should not be
received. He warmly attached to the Union and
the Constitution any man. probably the gentleman
from Georgia mir. Black, but his convictions the
right of petition were apowerul and irresistible lie
was not in favor of aboshing slavery in the District o
Columbia nevertheless he believed that Congress had the
constitutional power to do not only in the District Of
Columbia but in all the territories oil the Union They
were not to blame for the existence of slavery and if
did not exist they would not be in favor Of great an
evil
Mr.. BLACK said that neither himself his constitu
ents looked upon slavery as an ev-que the contrary
Mr. BEAgDsLEy-Be that as it may, he had Wish
whatever to interfere with the constitutional rights Of the
Southern States. He opposed to exercising the
power if he supposed they possessed it, because such
action would interfere and conflict with the rights of the
sonth hut notw outstanding this he Of opinion firmly
that Congress the power to abolish
slavery in the District He differed with hisi colleague
marks he a that If th Snh aas h a ,ne re-
would call for dissolution OF the Union Such were not
ms sen,m mel, NOR did ne believe they We're the sent,
States oil Maiyland and Virginia, slavery existed, ana
would exist; obligatory untilCongress should other.
wise determine; but the exclusive jurisdiction given to
Congress by the Constitution over this District, is with
out limit and ii has therefore the right
TO abolish slavery within its limits,
Mr. BL.cK-Can Congress establish In II an order of
nobility
Mr. BrARDsLy-No; the constitution expressly prohi
bits the exercise Of such power. There Is analogy
in the and Of Congress exercise
power dsalowsd by the constitution But the power
to abolish slavery is to his Mr Beardsly's) mind clear
and explicit Congress, II pleases can take the slave
out paying him compensation. This, he repeated,
his opinion, but he must also repeat he against
csng this power In regard to the Massachusetts
iuons lac believed them entirely constitutional, and al
though Congress was to carry them out he did think
ever they would dissolution OF the Union 1t
bound together by stronger and aaamantne bonds
and could not be dissolved by any such msy protests
He wished the committee in its report to exclude this
obnoxious and unconstitutional rule lie should receive
all petitions which respectful in their character
aud he thought 1t the bounden duty of the House
10 do so. II was this rule, and the rejection
of what is called abolition petitions which had pro.
duced so much excitement not only in this House. but
throughout the country. No such excitement would
have occurred had they been received referred and
this would speedily restore harmony the North
He for all standing the broad and firm platform OF
the Constitution be united and free and he had fears
for the stability ofthe Union.
Mr. CLrseMAN of N. c.. said he had voted the sc.
cond day of the with Mr.. Adams his motion
expunge this rule and he had assaed and denoun
ced in consequence by his colleagues, renegade
the South. But he would ask had the people right
o.a4l hoaa. 49,