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

The motion agreed to.
Mr. SMITH, of Indiana, from the Committee on
Claims, made adverse report, which was laid up
on the table and ordered TO be printed.
Mr.. J. w. DAVIS, from the Committee on the
Public Lands, made report, which was appro-
priately disposed OF.
Mr. REDlNG, from the Committee on Expendi-
lures, made report, which was appropriately dis
posed Of.
Mr.. J. w. BROWN, from the Committee on Pr
vate Land Claims, reported bill to regulate the is
suing Of patents in the State of Louisiana, and made
the order of the day for tomorrow which read
twice and referred to Committee of the Whole
House.
Mr. BLACK, of S. c., reported bill for the re-
lief Of John Mclaughlin, which was appropriately
referred.
which was appropriately referred.
MIR. BOYD, of Kentucky, from the Committee on
Military Affairs, made adverse report the petit
tion of f. j. Wood, and asked to be discharged from
the further consideration thereof
MIR PARMENTER reported bill for the relief
OF The widows and orphans Of the officers and
men, and marines, of the United States schooner
Grampus, which was referred to Committee of the
Whole, and ordered to be printed.
Mr.. RODNEY reported a bill for the relief of
Jane Mcclure, widow of Thomas MCGUIRE which
was referred to Committee of the Whole, and or
dered TO be printed
MIR. RATHBUN presented several reports and pc
itions, which were appropriately disposed of.
Mr.. VANCE reported bill for the relief of Joseph
kimba, which referred to a Committee of the
Whole and made the order Of the day for to-mor-
Mr.. VANCE made seyreal other reports which
were appropriately referred.
Mr.. A. SMITH made report, which was disposed
Of by the House.
MIR. BRlNKERHOFF made several reports, which
were appropriately disposed of.
Mr.. SMITH, of Illinois, made report, which
was appropriately disposed of.
Mr.. STUART, of Pennsy yania, reported bill for
the relief of the Howard Institution in the District
of Columbia which was referred TO a Committee Of
the Whole and made the order of the day for to-
morrow, and printed.
Mr. CAMPBELL, of South Carolina, made re-
port from the Committee on the District OF Colum-
ba, the petition of certain citizens of Lockport,
New York, and stated that il was the unanimous Opt
Mon OF the committee that II came within the 25th
rule and that the Clerk be requested to return it 10
them and moved the previous question.
Mr.. ADAMS called for the reading Of the petit
ton.
1t was read
Mr.. HUNT moved that the petition be laid upon
the table and printed.
Mr. CAMPBELL dem anded the yeas and nays.
MIR. ADAMS requested the reading of the resolu-
ton.
II was read.
Mr.. CAMPBELL called for the reading of the
port.
Mr.. CAMPBELL said that the report of the com
IL II.
Mr.. ADAMS denied the right after il had been
referred and report made upon it.
MIR. HOUSTON asked if it would be in order TO
separate the motion to print and lay upon the table
The SPEAKER replied it was not in order
The CLERK then proceeded in the call and the fol-
lowing is the result Yeas 81, nays ll5.
So it not laid upon the table.
Mr.. ADAMS moved that the report be printed and
made the order of the day for this day week
The SPEAKER said the previous question had
been demanded.
Mr. ADAMS. The previous question:
The SPEAKER. Yes; and that his motion was
not in order.
Mr.. ADAMS said that he had separated the mo-
ton to print, which changed the question.
The SPEAKER said it did not.
Mr.. ADAMS. Then, sir, il is an Insult to me, as
presented it.
Mr.. CAMPBELL. The gentleman from Massa-
chusetts did not present the petition.
Mr.. ADAMS made some further remarks, when
he ordered to take his seat.
Mr. GIDDINGS rose TO point of order, and ar
gued from the facts.
The CHAIR overrued his opinion.
Mr.. CAVE JOHNSON inquired Of the Chair how
this paper got into the possession of the House;
Mr.. GIDDINGS said he had presented, and stated
It's contents.
The CHAIR replied that he had no recollection
Of the petition farther than what had been stated by
the gentleman from Ohio
Mr.. GIDDlNGS said he had stated the contents
did not hear it was not his fault lie had discharged
his duty.
Mr.. CAVE JOHNSON called for teuers, who re-
ported 50 in the affirmative and sc in the negative.
So there a second.
The question then REQUIRED upon the adoption OF
the resolution.
Mr.. ADAMS demanded the yeas and nays, which
were ordered
Mr.. STEPHENS called for the reading of the re.
solution and the report.
They read.
The CLERK then called The roll and the following
is the result yeas ZIG, nays 60.
So the resolution agreed TO, and the petition
will be returned to those TO whom it belongs.
The SPEAKER then announced the orders Of the
day being the
REPORT on THE RULES.
Mr.. RHETT was entitled to the floor but Welded
IT few moments to allow
Mr.. MILTON BROWN TO present bill dividing
The country into two Military Districts.
Mr.. RHETT then resumed the floor and said that
the views which had been expressed on this subject
asserting that the 25th rule was a violation of the
Constitution, SANDER upon the wisdom of the fra
mers Of the Constitution. The right claimed by some
gentlemen to receive these petitions and lay them up
on the table without any action whatever is ncon
sistent in itself The right Of petition under the
Constitution, does claim from the hands of Congress
Legislative action, or why petition at ALL Certainly
not for the mere privilege Of getting them here and
thenlay them upon the table If these petitions are
received by this body you must refer them, that re-
port may be made, as asserted by the gentleman from
New York, lMr. Beardsey,l which implies Legisla-
tive action on subject over which Congress has no
constitutional jurisdiction. One of the amendments
Of the Constitution denies the power to tins Govern
ment to interfere in any manner with subjects which
not delegated. This negative clause in the Con
stuon does not refuse TO the people the right peace
ably to assemble and petition for a redress of prie v
aDces. The Constitution secures to every citizen
the use Of arms the habeas corpus, which are funda
mental rights and cannot be affected by Legislative
action here but when the people shall assemble and
tetiton for redress of grievances it is the consti
,utional duty Of this House TO decide whether the
subjects upon which they petition are grievances, Of
whether their prayers do or do not conflict witt
the Constitution.
MIR. r. alluded to the riot act as it stood upon the
English statute book, and said it was intended as