The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-24
HOUSE OF REPRESENTA-
WEDNESDAY, Jan. "a, 1874


Prayer by the Rev. Mr. Tinsky.
The CLERK then read the Journal Of Yesterday.
After which,
Mr. HOPKINS made an Intellectual attempt to
present two bills, which were objected to-
MIR. HAMLlN rose to privileged question the
correction Of the Journal which states that report,
made from the Committee the Post Office and Post
Roads, was laid upon the table 1t was not laid upon
the table, but referred to Committee OF the Whole
House; and he wished the Journal corrected accord
ingly.
1t was so corrected.
MIR. DAVIS, OF Kentucky, from the Committee on
Elections, made minority report, denying the right
OF those members claiming their seats on this floor
by general ticket which was ordered to be printed.
Mr. CAMPBELL moved that 10 900 extra copies,
both of the orty and minority reports, be printed.
1t was objected to-
MIR. COBB made minority report from the Com
mittee Of Claims, accompanied with bill, having
given notice Afew days ago, for the relief of Joseph
NJ Fernandez, and moved that the bill be referred to
Committee OF the Whole House. and made the
der Of the day for Tomorrow and that the report be
printed.
MIR. ADAMS called for the orders of the day !;
which
The SPEAKER announced to be the
REPORT ON THE RULES.
Mr.. WINTHROP then took the floor, and fin
ished the remarks which he commenced yesterday
lie contsnded thit Congress had Just rauch rghp
under The Constitution to abolish slavery in the Dis
trict of Columbia a IL had TO raise revenue Some
gentlemen on tins floor denied TO Congress the power
to charter Bank-to raise tariff for the protection
of American labor against the competition of the la
Dor Of the old world and The distribution of the pub
lie lands; yet, petitions upon those subjects had
been rejected BY this House Ii slavery is Con-
stuut'0nal as cOntended tor by those who deny the
night of petition this ruhject, md such, Con-
gress has right to receive Them because they pray
Congress To do an unconstitutional act, they have
violated the Consti'ulion by the reception of petitions
on the bank, the tariff and the distributor of The
proceeds of The public lands. But there were other
who think 9th, rSise and contend that Congress
not restrict the ZIG hi OF petition But IL IL rted
that if those petitions received Congress is bound
10 refer them, and legislae upon the su ec To
this doctrine ne did agree because the inherent
right Of petition Is beyoLd the Constitution and le-
gislation " only coeyal with the Consiitut on The
Constitution gives TO Congress exclusive jurisdiction
over the District, and II has the power abolish sa
very and the tade nd forever blot out the foul
stain as exists at he Sea, OF the Government of
hee People.
Mr.. w. then read from Jederson's Manual and
various other authortes in support of his srgumen,
a. TO the RICH, Of the people to peaceab assemble and
petition for redress of grievances.
Mr.. PAYNE Of Alabama, then took the floor and
said gentlemen the other side had raised this ques
lion-tbe inherent isht Of peiilon-not that the
right Of petition had denied by this House, but
as II appeared to him IN spirit of demagogneism.--
lie charged no gentleman with being demagogue,
out he d1 say that IL nad mat appearance 10 httn.
The object was TO create storm TO gull the Ameri-
can People, that they might ide the wbirwind by
raising the question Of right to petition which has
been denied by this House. Those petitions
were always received by this House, whenever their
contents stated by those who presented them
Then the direct question is not the right of the People
TO pcaceably assemble, asserted by those who ca-
about II, but how far /, Congress bound TO egis-
late upon this exciting subject with which Cong ess
has constitutional jurisdicionI He, for one,
a.
bers Of this House TO violate their oaths to support
the Constitution, which is direct Insult. When e-
Il .laton commences on this subject, where is II to
end Do those Northern Democrats who have here
tofore stool 10y the South, suppose that, by yielding
this point and receiving these petitions that they
may be referred, that the Abollonists would he
tsted' Certainly not They would ash Congress 10
leg,siate on the subject, aud there would be thou
sands Of petitions sent here demanding that the prayer
Of the petitions be granted. This viii be the conso
quence II this rule is elected. The question
then before them is, whether Congress has the
power to grant the prayer Of the petitioners RICH,
which he denied not only to Cong ess but TO the Le
gisatures Of the States Of Virginia and Maryland.
They have not the right without the people, in gen
era convention authorizes the Legislatures TO act in
the matter But as to the District Of Columbia, il
could not because the people are not represented on
this Hoor and he disagreed with the sentiments OF the
gentleman from Ohio, (Mr Duncan,) who had said
that Congress had the constitutional power to abo
lrh slavery with the consent of the people, in the
District Of Columbia. The District of Columbia,
under the Cons tuition has political rights, not be
ing represented this floor, and the right must come
from a constituency giving their consent in general
convention called for that purpose. The people of the
Dis riot Of Columbia, under the deed Of cesson, are
eontroll in this matter by the laws OF Virginia
and Maryland, right which was never surrendered
Mr.. DUNCAN explained, and said that he had ex-
pressly stated that Congress had the constitutional
power 10 abolish slavery in the District Of Columbia
with the consent of the people, and not without
Mr.. PAYNE said he had not misunderstood the
gent eman from Ohio. lie denied the legislative right
N either Congress the State Legislatures TO abolish
slavery. In the first place, Congress cannot with
The consent Of the people, because they are not
Constituency under the Constitution, and cannot
give the power. In the second place. the Legislatures
OF the States cannot without be consent of the peo
PIE through convention called for that purp se.-
de wished the word slavery dropped, because the