The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-13

ADAMs.-Sir, this petition has been received a.
ready, and referred and reported upon an. yet me
gentleman wishes TO eject II and return IL 10 the
member.
SpEAKER-The questson is on laying the report
on the table, and print.
ADAMs.-l call the ayes and noes, slr
They callcd-ayes So noes rs
ADAMs.-l now make the simple motion TO lay
it on the table, sir.
SpEAKER-The same motion can't be repeated
ADAMs.-That was to prlnt-mine Is merely 10
lay on the table.
SpEAKER-The gentleman could then have
divided the subject No part of that motion can
now be repeated.
Mr.. ADAMs-( Warmly Dwell, sin, if the Speaker
will thus insist upon suppressng all debate It's an
insult to this House excitement Jan insult 10 the
member who presented it-(great excitemenD-
and an insult to the petoners.a land an insult to the
country !-(lmmense excitement.1
to order" "Order.'
CAMPBEIL-The gentleman is mistaken. The
petltIon was not presented by him.
VoIcEIWhat signifies whether it was or not!
ADAMs-(Exciled}-We sir, still the report IS
an lnsnt-most insulting to the petitioners and to
the whole country --(Several members rising at
once,)
PRESTON KrNG-I call the gentleman to order.
He's been called to order, and ought to take his
seat
Mr.. ADAMS still kept on his feet, and did not sit
down.
GlDDINGs-It is not an abolition petition, sir. l
Use to a point of order
BEl4sER-What statement did the gentleman
make when lie presented IL!
GIDDINGs-i stated briefly its contents-nothing
more
BLAcK-I rise to point of order, sir
SPEAKER-The gentleman is speaking to q point
BLAcK-Let him reduce 1t to writing, then.
SPEAKER-The Chair cannot compel him to do
SEVERAL MEMBERSHIP. Speaker-Mr. Speaker
land great contuslon)
A MEMBER-Qn an under tone)-This is the
same game. he played last year; he Struggled that
petition before the Committee, and he wants to get
censured again, and get double mileage;
Finally the ayes and noes were called upon pas
sing the resolution and report o. d hG wo nd zee.
was carried Ayes ZIG; Noes 90.
The REPORT ON THE RULES.
The House then proceeded to the consideration
OF MIR: DRoMGooLE's motion to recommit M.
ADAMS report on the Rules. Mr.. RHErr had the
floor on thus question.
This speech was listened to with great attention
by all parties and persons in the House, the more
gentleman and scholar, seldom vexes in the debate,
and is considered as the immediate exponent OF
Mr.. Cahoun's views in the House.
Mr. RHETT-I have listened attentively sir to all that
the el gentlemen have sad who have addressed the
House this subject and the amount OF the argument
that Il is Violation Of the right Of petition Sir itis
SANDER this House to say, that by the course II mas
hitherto in regard to this subject hs' IN
| some gentlemen propose to remedy this by receiving
these petitions ana laying them the table. Sir what
titons and to lay them the table Immediately and
never take them thence IL the right of petition consists
merely in having their petitions thus received why isn't
worth talking about 1t is only not worth notice but
it beneath contempt But other gentlemen
must go farther and not only receive Them but must
also refer and report them Andthey add that there
Is great constitutional right involved In tins question:
Sir they must that, else they talk nonsense.
Now, sir am prepared to show that to receive and refer
these abolition petitions is to act in opposition to the Con-
sution. The Constitution personal privilege
to a-the right peaceably to assemble and petition for
redress OF grievances And why was this prxi
right when the country was under the dominion OF Great
Britain They then by the laws in force, the Rot
Act and Others not allowed to assemble in large numbers
and petition for redress of grievances BY this act OF
George the First Originally act Of Edward FOURTH not
more than twenty could assemble at time at one place
petition for redress And forefsthcrs in framing
the constitution determined that the people Of this country
should suffer the grev in this respect an
the people of Great Britain then abored under and now
labor under And that what they mean in that
clause of the Constitution by peaceably assembling and
pettionng for redress of grievances and they meant no
more But the people OF England suffered under another
persons could sign petition and only 10 could present it,
and then it must be approved and signed by Two
person And was to prevent such grievances and OPP
preston this that the clause by our fathers
IN the Constitution This was the design OF our ances-
torsto take away from Congress tor ever the powero
such laws those of Edward the 4h or Charles
the I'd Mr Rhett read the laws from the books on these
subects And this is the beginning and end OF the Con-
stitution that portion that relates to the right OF petit
ton 1t does not confer on the people any legislative
more The people Of this country have the right first
assemble and then approach and enter this House through
their representatives But the right to come INTO this
Hall and speak these petitions very different thing
from the right to assemble and petition. When their petit
ion presented here is an ncpent act OF
the first action these petitions act to
all ntents and purposes Where is the difference! sup
pose member rises in his seat and says move to in
troduce bill abolishng slavery in the District Of Column
ha )" move resolution to abolish slavery in the
District )" or move to present or refer petition pray
Congress to abolish slavery in the District Of Column
ba." Where is the diference-they all the same
part and parcel of acts OF legislation If you insist that
The petitioners will is to have sway here you at once
elect the petitioner into legislator. IT, because he de-
sres to have his petition referred say that ought
powers Suppose petition comes here with 100000
signatures You then have 100000 persons arrayed on
one side against the whole Union represented by the
the legislative power this foor The result is obvious
But again. Suppose you receive these petitions Does
also say you shall refer" and you shall report
priey and say you shall grant the prayer Of the Peti.
ton p Where is it to sop The matter must be boldly
question is who is to Judge in this business the whole
body of members in this hail. the petitioners them
ny or the few decide this point Shall the right
action conceded to him who has power to carry out
his wishes or thoseto whom the constitution has del ga
ed the full power to Judge to act and legsate upon all
these questions Sir there is escape IRON this point
This is the true position of the whole matter and there s
no escape from If the petitioner can dictate the first
act Of Legislation he dictate ALL Now sir what is the
fact All legislative power is vested by the constitution
in Congress And petitioner comes here and asks not
personal privilege but legislative act If this is grant.
ed to in instance, where we to stop How
could we legsate at all If we were to allow this At
this rate all the people in the United States could
here and make similar demands; and how would be in
the physical power Of Congress to comply with
housandh part of such demands This the true prin-
cpe and ground on which to place this matter And sir,
the principle they must hold good from the very
first step, it good for nothing AS as the e'i-
toners come here must act the constitution requires
and demands in relation TO all sections OF the Union
The constitution gives option We must be govern.
ed well by its limitations of power by its grants OF
If the petitioners ask US to egisae that which
The constitution gives us no power to lcgsate upon we
have power either to grant to receive their
| petition And in addition TO this the constitution
gives the free exercise of sound discretion as to
what shall and what shall not be received and acted po