The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-01

has simply been produced by allowing the people to
ercise their natural right Of
by restoring them their natural and naenabe rights
II he had not overdrawn the picture then how great is
the temptation which is held out to these oppressed
States te curse the Union and to induce them TO with
draw from it altogether There is point beyond which
oppression will not be endured.
Mr. EVANS remarked that he regretted very much that
Mr. Mod had said many things stir up i'll feelings to-
wards this Union. He desired therefore, to make brief
reply sGx,,o,, 0,oDo,ea an adjournment
Mr. ARCHER thought this debate irregular altogether
and said he should to lay the subject the table,
Mr. HAYWARD said if Mr. Archer did not make that
ton now. lie would and did makeit.
The motion put but voted in the 3hirma-
tive. and it was lost.
The subject was finally postponed Till tomorrow.
The Senate then went into Executive Session.
LATERThe Senate did nothing Of any public inter
est in Secret Session
House or Reprcsc ntatlves
WASHINGTON, Tuesday Night, JAM 30.
The 2lsr RuLE-PETTIoN FOR A DlvoRcE-NAvy
YARDS.
nc first business in order to-day was the debate
the 2lsf rule.
Mr.. HousroN wished to make some reports:
Mr.. ADAMS objected to all but the regular busi-
Mr.. STILES said-I have already said, sir, and
shown by reference to Hatsell's Parliamentary
m cedents. that the British House OF Commons
re ected petitions against various subjects, and
all ong them petitions against taxation In various
TO Now, sir, MS gentlemen have referred MS TO
FL gland for our rule OF action on the subject OF Pc
tit ms, will they tell us upon what principle 1t was
tha petitions against taxes were uniformly REJECT
ed The answer is evident Because taxes were
ne ssary to the support of the British Government
Blu sir, is there nothing else that Is necessary for
the support of a government besides taxes! Can
any government in the world exist moment with,
oul them! And yet, will you place dollars and
cents in the scale against faith and honor! And,
sir. arc not the faith and honor of the nation
save-hodng States have ever entered this Union?
Would our forefathers of the South have ever
signed the Constitution, unless their rights had
been secured by that instrument! And will moi
this Union be dissolved, whenever the government
instead Of protecting, plumbers them OF their rights
and Of their property! Yes sir, slavery and !he
Constitution have fouIished togeiher-thelr exit
ence is the same-it is inseparable-and IT folly
and madness destroy the one, the other will
follow it To the tomb. But to return | have
shown that Parli lament was in the constant
practice OF rejecting petitions; the intelligent
trainers of the Constitution were familiar with this
fact and in guarding our country against the evs
of such legislation as the Riot Act, in protecting
the great right OF petition, their omission to provide
sstible and elusive, that the reception OF petit
tons was never intended to be embraced IN the
amendment or comprehended under the right Of
petition. According TO the letter of the Consitu-
lion, this rule is not violation of it, because no
law Is passed, or contemplated; according TO It's
spirit it is not violated because the object OF the
| amendment was simply to prevent the passage OF
such acts those OF George the LIST, and Charles
the 3D. and because the practice Of rejecting petit
lions. which was commenced in England, and
which familiar to the trainers Of the Consitu-
ton was not provided against; This rule is no! a
violation OF the Constitution, then; II is not VIC.
ation Of the right OF petition, yet, sir 1t is argued
that instead OF searching The Constitution to ascer-
tain. what are the rights Of petition, we must ac-
cOrdlng to the gentleman from New York (Beards-
ley) throw the Constitution aside and go back to
England-to the Bill of Rights, which grew out OF
the Revolution OF l6SSto the British Parliament,
in order TO ascertain those rights. What, sir! A
f,f fDA nfndS fafo
the world, as the gentleman from North Carolina
says, to run away from his own country and hy to
England in order to enjoy perfect freedom! l
reconcile himself with the gentleman from
Tennessee, his associate in feeling upon
this subject. leave him to explain to that member
throw aside the constitution of his country and seek
for his rights shelter fer his liberties behind
the acts Of British Parliament But why SIR should we
back for instruction to England as the gentleman from
New York said Is there any analogy between either the
government the people Of England and our own? In
England all is in the government here It is in the
people. There the arlament, humanity speaking, is ON
nipotent Here, our Congress is limited in ispowers to
few specified subjects marked out md defined by writ
ten Constitution In Great Britain the sovereign holds
his Office Independent Of the people, and do the mem
bcrs of the House Of Lords farbtrary and unjust laws
instituted by the Government the people, however
unanimous against them have remedy but in humble
petition for their abolition. Here the members ofthe Co
directly responsible to the people hold their
office subject to the popular WILL and unfahul to their
trusts they removed and faithful servants cho.
their places. Ii results, therefore, thdt Whilst
in monarchical governments the right to petition the
rulers Is the highest ultimate right Of the subject IN Sc
curing him from molestaon and ranny the hands Of
his Government; here the right dwndle into Compare.
tive nsgncance, being only right to petition our own
servants do that which may command them to do
England are listened to only when they speak in
the humble tone Of petition In America they
Of instructor, "ss What does this right Of petition
embrace What would these petitioners have The
right peaceably 10 assemble Do propose to dis
thutr utt No hp ri yht tn mara
ton Do We propose to prevent them No The right
to present their petition to this body DO oppose
Gentlemen argue though denied the right Of pe.
| ton. We make no such denial We as warm advo'
We know the Importance Of that right and would not
touch it We are willing that gentlemen shall exercise
the right to as full an extent at least as is enjoyed IN
England for that be the summit Of their ambi
ton But issue with them as TO the limits
and of that right What these There must
that Of egisating begins Where this right petit
ton end Just where the right Of Legislation commences
Legislation go back and interfere with petition
nor can petition extend forward and interfere with legis
ation The right Of Legislation at the moment
the House is informed Of the nature Of the petition m
they have right to go step further and say shall
receive they have lust much right to say that
VIC shall refer. aud that we shall grant The right Of
the presentation, and the refusal to accept inter-
| ference with that right We do not propose to
dictate 10 petitioners in any way manner that can
affect ,r rights do mean to allow them to inter.
frc with oursto usurp legislative powers or to dictate
to US in what way o. manner our duties shall be perform
ed
Mr. WISE and asked Mr. stiles to yield the floor for
few moments that he might by anecdote illustrate
the stran &c no ions which petitioners had on this
subject of the right Of petition and their singular Idea Of
what Congress ought 10 do for them.
MIR. STILES gave way for the explanation
Mr. WnE-l have this very morning sir received pc.
ton actually asking this House to legscte between
and his WIFE and to whether the children borne
by his wife are his or not and say what recompens,
shall be paid him provided they somebody eses chill
lren (4oars of laughter, and the eyes Of almost all the
nombers were turned 10 the ades' gallery where nu.