The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-12

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However. in debating the question, hs should Gu
dsssor 10 show by argument sad reasoning referring
- we same time " high authority, which cauuot BE-
deNNd o. oontroysrted, IN illustrations of bis srgp
meal, mat The posit'sa assumed BY Ssallsmen IL
The Commit,se on ths Rulss had made report to
thu. House. during the absence Of two OF il nembsrs
and the sentIeman from Virginia (Mr. Dromgools)
had moved TO re-commt tbs report back 10 the com
mi.tee, which, if referred, would, in all probability
have secured the retention Of the 25h rule but he
glad heartily glad that the gentleman from Georgia
lSlr. Black had amended that motion by instructng
That COMMITTEES 10 report the 18th rule, which would
DC the means Of producing another report, including
this much derided 25th rule.
The honorable gentleman from North Carolina had
said that he was merely in favor Of receiving these
petitions, that they might be laid upon the table
This doctrine Of rccsivng petitions, that they may
sleep IN silence and contempt on the Speakers la
Die annhilates at once, aud forever the inesma BILE
privilege Of right TO petition this Government
The very argument that he has advanced 10 sustain
him In his position, is death blow to the right of
petition, for which he has manifested affected de-
votion fyou carry out the right Of petition in its
purity, you must not only receive thom, but you
legsae, or the object OF the prayers Of the petition
ers Is lost sight OF, and there is no petition at ALL
The idea that the Constitution intended 10 convey on
the right of petition, far above this bubble. 1t
intended that the People should petit on on all SUBJ
Jecs over which Congress has any jurisdiction, and
this recslvng petitions that they may quietly sleep
tins House. is m0ckery this iDesimable privilege
Iq secure this right TO the People in its purity, if you
receive them, you are bound to Iegislate which is
the true intent and meaning of the Constitution tho
right Of petition.
The Constitution does not give the right to petition
on any subject which Congress has no constitu
tiona Jurisdiction and he denied the right to receive
much less to debate their contents Why receive, II
You cannot debatel Why debate, IL you cannot
grant the prayer confirmed in the petitions Tho
gument, and the premises of the gentleman from
North Carolina, false in themselves, because his
premises and logic annihilates rather than secures
this right, by denying to Congress the constitutional
power to pass law abolishing slavery in the Dis
trct OF Columbia The Constitution is a Limitation
OF powers, beyond which we cannot 60 If we at
tempt to egislate upon subject over which we have
no jurisdiction we will be like the mariner at sea
without compass. We must not go beyond that
instrument, or, il we do 90 beyond our oaths Of
office. Gentlemen have referred to the British Gov
eminent, IN illustration of this subject and contend.
ceive Abolition petitions in that country the right of
petition was unlimited and unrestrained. To under
stand this subject thoroughly, we must 20 back to
the time when the Constitution adopted and they
will find that, in both American and English history
the right which they claim only exists in their heat
ed imaginations. Here is the frs, amendment of hat
wise instrument, which declares that
bIshment OF religion, prohibiting the free exercise
thereof; or abridge the freedom of speech or the
press or the right OF the people peaceaby TO
BILE, and to petition for redress of grievance"
Why was this clause Inserted 1t was to guard
against the exercise Of that very arbitrary power
fore the Revolution, which was contained in the riot
act prohibiting the People peaceaby to assemble and
petition for redress of grievances. Who are TO be
the Judges IN this matter? The gentleman from
North Carolina says the People are the judges of
Their own grievances. Why, then, petition to this
body to legislate upon subjects Congress must be
the judges in the NATTER there is no Of petit
oning at ALL IL they the judges, they have the
unquesonabe right to reject these petitions in toto.
There Is no escape from this position.
The honorable gentleman from South Carolina
(Mr KhetO yesterday gave some particulars in rela-
ton to the operation of this riot act at present upon
the English statute book, and TO which gentle men
refer for their wild notions the right OF petition
men precedent OF more recent date, long since the
adoption of the English Bill of Rights, and Of Amer
can origin, where this right had been obstruced in its
purity, and denied right to American freeu,en,
petlI'oning upon subject they had right to invss
ga,e--it was Mr.. Clay himself, while he occupied
seat in the other wing Of this Capitol He refused
receive Ieution on the removal of the deposies; a
subject upon which Congres had the power to legs
late.
Previous TO The American Revolution, ~ Bishops
Petitioned The King 10 change the pulcy of hi, Gov
eminent, whose property was sequessred, tried for
high treason, and executed. Thi- is one illustration
Of The nigh, of petition 10 England to which gentle
men have referred us for authority.
For the causes which led TO the Bill of Rights in
England, he referred gentlemen TO the New York
reports, pages 10 to II, follows.
" To prevent the people from assembling and die
GUESSING their grievances, severe laws were made
against what the ninions Of power might deem
...t "A
law, where number Of persons from three TO eleven
are concerned fine, imprisonment and the pilory
awarded" (Hawk. r. c. 1897 ''r.
For the case. in which petitions were rejected be.
fore and aer the Bill of Rights, in 1888 in England
see page 10 Of same report, commencing 1913 and
ending June H. 1913:
lG43 The Assembly of Divines presented pe,i-
ton TO the Lords ting forth the daily increase and
growth of all manner Of outrageous aud intolerabe
such ~ drunkenness, swearing, I'M
slesnness and other crying Sis and praying Tor the
speedy appointment OF some able, Qodly and prudent
magistrates" "l... u ...fs. r.'
No notice was taken ofthis petition.
1913 The University of Cambridge, petitions the
Lords and Commons, setting forth how in our colleges
our numbers grow thin and our revenues short
hew, frightened by the ncghbor,ng noise OF war our
students either quit their gowns or abandon their
studies how our degrees be disesteemed, &C; and
praying for some relief" No notice taken Of the
petition.
1894. April 9th, petition was rendered to the
House relating to the bill granting duties upon the
tonnage Of ships and the question being put that the
petition be received, it passed in the pegative."
1893 April 2sth, the same vote on a petition
against bill laying duty on pit coal"
"170s. 2Ist December, Rssoired That this House
will receive petition for any sum Of money re,a-
ling 10 public service, but what is recommended from
he Crown
"l7l3. June lltb. The above is declared TO be
standing rule Of this House,
SO much for English precedent upon the right Of
petition He then referred them to the American
precedent TO which he had alluded which will be
ound in the same report, page %