Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-02-08

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property of the United States. And these terms do
oo give absolute power of legislation, even in respect
10 the lands for, if such sovereign power given in
respect them il is gwen IN respect to 'oher pro
bc,ty'' of the United States too-such ships OF
/ the navy forts afsenals, magaz'nss public build
,pus Sc and even money in the Treasury property
over which we know and It is admitted that Congress
has not ar absolute power OF dIspos'ion absolnta
power of rule and regulation All the limitIons, all
the restrictions and reservations oil The constitution
either left entirely unaffected by this clause, or II the
oppose be true all these limitations restrictions and
reservations are totally DESTROYED by H. The rational
and sound construction 49, that, by This clause, gene
rs power of iegisatiOn merely IL given, subject 10 the
limited nature of the General Government; which,
throughout is but faderative, delegated trust, for the
common benefit of all the States oil the Union, without
partially And all the reasoning applied to the nature
Of the trust IN respect to The District of Columbia
applicable the trust IN respect to the Territories but
with more force The jurisdiction Of Government over
ht IN is not given in either SO broad strong
az over the District of Columbia; and the constitution
al restraints Of legislation over them are even more
m.rous and orcbe than they are upon legislation over
the seat of Government. The rule III question Is,
therefore, very properly made applicable To petitions
praying for the abolition of slavery and the slave trade
4 IN the Territories nhcre Mfy mar rI'St
1th II is claimed that "lhe Congress- whenever two
thirds of both Houses shall deem II necessary, shall
propose anne ndmenis ~ this constitution, DC lh's
- freely admitted without other exception Than chat
no State without s consent shall be deprived of lis
equal suffrage in the Senate; and the rule IN question
applies to petitions praying Tor amendments OF the
constitution Tins then, have examined ell the fs de-
raj relations of slavery created by the Constitution; and
wa have shown wherein it conceived The Govern
tnput of the ) has power oil legislation over That
subject and wherein II has not We have shown III At
Conuress cannot interfere with any OF thu reserved
rights of the States The subject either directly
indirectly; that in all where the power of lcsis
a,on is not clearly granted 10 Congress- 1t expires
reserved The States o' the people, in other words
I" the sonereign po,nr Of the Saes or OF the tated
Safcs: that Congress itself has sovereign power
any case that all lis powers, those oi the charac
ter Of attributes Of sovereignty hut delegated de-
r,vatiye and limited Of the class ifaisatire
": that the rule IN question excludes petitions
ating to the apporonnen Of Repr, santallves and d.
rect taxes among the several Sttes, under The FIRST
class of federal relations of slavery; that II excludes
none relating the second class of such laons pro-
perly crenled within rh District of Columbia that il
excludes petitions relating the foreign slave trade
under the thd class; that IL excludes none relrng To
the delivering up al fugitive saves under the fourth
class short that II refuses receive only such rs
pray Congress 10 do what 1t has pnwrr IL du-such
pray IL 0boiish slavery aud The slave trade any
Suite 1errif0ry, in the District Of Columbia, 'ehere
they eIst.
To prove that these petitions pray for unconstitu- h
tonal acts would seem 10 be sufficient Justify their
immediate r.iecton the immediate refusal by Con-
10 entertain luris iicon Of the subjects Of their
prayers for, if they do pray fer what unconstitu
tonaI, Congress cannot take the first legislative step
uoon thsm-eiiter 10 grant deny their prayers :
If II receive them 10 deny and reject them il can
receive them 10 affirm and grant them. If they pray
for what unconstitutional Congress do nothing
respect TO them, but refuse tn entertain jurisdiction
Of them in any manner whatever. But it is alleged
land this brings another most portant branch OF
the su5iecD that, although these petitions may pray for
what Congress has not the power t, do or IL grant yet
II cannot refuse II receive them without voltng the
right Of peiition secured by the Constitution. a
what is the right III petition, secured by the Const-
trtion of the u. 5 1t "ha right OF The people :,
peaceably assemble, and to petition the Government :
for r~dress Of grievances Has this right OF pet
lion any limitation whatever For NIL the purposes, at
leas,, Of this argument, It IL freely admted-nay,
claimed that il has no limitation, restriction what
ever; but that ii extends IL all the people, TO all, whe
Their they be citizens of "te Government not that
IL ~ perfect right peaccaty TO assemble, at any
place. al any umc any numbers. t. petition the G"-
vsrnmen department or officer thereof, "ior
redress OF grievances, real or imaginary, iegned or
fet, their those Of other people, at home or
abroad and only for "a redress Of grievances but
for the gift and promotion OF any boon or blessing, good
grauily, under heaven And even in th's IT'S broad
rst latitude of immunity and privilege, lhe rEht OF p
liilon nowse lnIringed by rule OF tue House oil
Representatives, declaring that petitions OF a certain
class, after being presented 10 the body, aud alter
statement of their contents, shall not be received-
The s, that the reception belongs to the right
Of legislative proceedings and not 10 tbr right OF pel''
House, and not 10 the petitioners.
The same Instrument which secures the right o pc
ttion in utmost extent, declares That eacn rouse
(of Congressl may determine lis proceedings asto
how il shall proceed where how far, ar whether at
all s'eaci, House may determine ior 's'if' Inc re-
cciyne Of petition by either House OF Congress- or
by any parliamentary or legislative otdy, was never
nny hing else than legislative proceeding. II is
the first step be taken by he Legislature, after the
petition is presented and stated Where the right of
petition ends there the right OF legislation begins
The right nf petition ends with the presentation and l.
sternent Of II, request and prayer the rgh, Of egis
laton begins with receiving refusing to entertain
the prayer. Legislation not only has the right, but Is
bound 10 look al Ia lis power of acting on the
prayer; and has the right 10 act, or to refuse TO act
accordingly And where n solemn oath is taken by i
legislators 10 support fundame, law, prescribed by
the will o the people themselves, they are IN con- y
science bound to refuse TO act or to proceed nj ALTO
refuse take the very fret step Of legs tive proceed
ing upon petition winch prays them 10 violate Their
oalhs by violating the Constitution o. their county
Not only go; but where the prayer is constitutional
even, they have the perfect right, given by the Constr
tuition, TO refuse 10 take the first step of proceeding
upol a prayer which would tempt them to Violate the
best interests, or important interests OF their
country where neither their oalhs nor the Consttr-
ton of their country would be violated ut all The Il
IN variable law and usage of Parame mt and OF Con Il
gress md the history and true meaning Of the right II
If peton will amply prove these positions. Indeed,
the right Of petition s lar 10 br perverted as TO be fl
made TO nsurp the rights Of legislation this usurpat'on
in the end will be found to be invasion Of the
right of petition by oly than ever before perpera
ted by tyranny the rights of few who do, will be made
upersede the rights of the many who do not pettion
legislation will be turned ont Of doors; and, in
conflict Of Petitions conflict of blows only could de-
eide, in the place of the calm wisdom and conscirn
ous reasoning of enlightened Representatives. of the
sovereign will Ola whoe people The whole people, /
in fact, by their consi tutI"n OF government the law
Of their WILL prescribed and present to usforhid
10 act at all upon any matter inhibited by them in
It's provisions matter by whom ordered or by whom
prayed TO violate, first duty them is to preserve
and defend a portion Of the people may pray for
what they pease-pray as they please-pray IN any !
numbers-pray respectfully Insult nely, if they WILL
pray without let hndrance but each House Of Con-
gress prayed TO- may, under s due responsibility act
not npon their prayers Ay, If cannot, under the
Constitution, act upon ,hem it is bound to say SO, and
say more, unless called upon to give the reasons
why il cannot act upon the wishes Of portion OF The
people against The will Of the whole peope-the law Of
the Consltution ;
Ey the enactment Of this rule Of proceeding for The