The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-21

has any power over the subject Of slavery in the
Territories, and consequently that petitions for
any action on that subject petitions for action
on the part Of Congress which Congress is not au-
thori1ed to take According therefore, to the
doctrine laid down by the Senator from Massachu-
setts MIR. Davis, those gentlemen have oil along
been right in voting not to receive petitions that
subject Again, say sir, that if the doctrine at
tempted to be established by the honorable Sena-
tor from Massachusetts, is right, we have been en-
tirey mistaken upon the whole subject Of the
right Of petition, and that the course of gentlemen
from the South has been entirely right.
Mr.. Davis Of Massachusetts, rose to address the
Chair, when
MIR Fcote Gpierposing) said: Will the Sena-
tor from Massachusetts allow me word ! con-
graduate the honorable Senator from New Hamp-
shire on bis conversion. congratulate him that
he has at last discovered that the South has all
along been right. | trust, since he has finally
come to light, that he will never again 60 dark
ling along on his way, as he has formerly done. |
con gratulste him on his conversion.
MIR Davis Of Massachusetts, think the hon.
orable Senator from New Hampshire does not
quite do me justice, though be intends to do so.
I think thu, the Senate will be able to recall to
their recollection he position which | took the
other day when thu matter was up In the first
| place in my Judgment the petitioners asked for
that which was, to my mind, pslpably out of our
power. went on TO say that We could not grant
the thing prayed for and none of us we're disposed
TO grant il IL We could. gave these two reasons
for my intended course on that occasion; and |
will now add that what my heart tells me is right
no cssuistry can prevail upon me not TO do nor TO
] do that which believe is wrong Now do say
that, In asking this body 10 take TO dis
solve this Union, there is pslpable wrong. 1t is
wrong not morally only, but wrong politically.
Ii is out of our power to concede what is required
Of US This satisfies my mind | settle no prin-
ciple in regard to the general right of petition.
lt is well known that at all times, when that right
has come into question, / have supported and
| maintained it; but now there comes a that
| can see is palpably wrong in itself, and | am pre-
pared to act it mHanaer. | require no refiec-
ton on it, require no further information.
| | know that we have nothing to do with the
subject
Mr. Cooper of Pennsylvania said he was OPP
posed to the reception of the petition. | have
always Disseminated thus far, that the prayer Of
the petitioner must be respectful to the body to
which il was to be presented. This petition do
not think is respectful, because il asks substan-
TALLY what the Senator from Massachusetts, on
my left Mr.. Webster asserts it to do that is,
| that we should violate the oaths that we have
taken at the chair in which you are seated. That
is not respectful; 1t is not proper. 1t is asking
more than we can grant and therefore, as much
as sm in favor of the right Of petition, shall
vote against the reception of this petition and if
| opportunity offers, vote against the petition.
MIR Cooper then proceeded to make an orator.
ical display of devotion to the Union.
Mr.. Clemens of Alabama sneered at these rhe-
torical fourishes about the Union, and gave the
cold shoulder to these Northern sentimental
lists
Mr.. Clemens. ! am glad to hear 50 many decla-
rations, on the part Of Northern gentlemen, that
| they do not intend to aid in accomplishing the
designs expressed by these petitioners. | always
listen with pleasure to such avowals but am
constrained to say that little more action, and
little less talking, would be more to the purpose
IL Senators desire to believe them sincere in
their professions of love for the Union that sim
cerity ought to be manifested by their conduct.
Who has put the Union in DANGER Not the
South for we have committed no aggressions and
propose to commit none We are responsible only
for making known our determination to resist OPP
preston come from what quarter it may. Ii is
the North, and the North alone, who are the agi-
tators. 1t is the North alone by whom this fair
fabric has been shaken to its centre; and the
allegation that there are Southern disunionists
for the sake of disuDion, is an unmitigated calum
ny, which shall not be pronounced In my hearing
without being branded as it deserves. If you
love the Union SO much, cease your aggressions--
pause in your efforts to destroy that Constitution
which is its only bond. You need be under no
apprehensions for the Union, unless your conduct
makes its destruction duty. From the South
you have nothing to fear, SO long you do not
| attempt to perpe,rate wrong.
Sir do not believe there is n man in the en-
tire South who desires disunion for itself
hope, also, there is not one who will suffer his
rights to be invaded, or his honor furnished, no
matter what may be the cost of resistance We
mean, at all hazards TO defend the Constitution
If that is faction, we are guilty. If that is dis
union, we are disunionists. If that is a crime
against the Republic, We have much to answer
for.
have heard enough, Mr. President, of hypo-
critical whining about the Union, from those who
are its deadlest foes II you want peace, you
have only to say 80 Let us alone We ask no
more. Or, if you will not do that, spare us your
lamentations IL you are determined to destroy
the Constitution be men-own it publicly, and
take the responsibility. Do not seek to shift It
to our shoulders.
Mr.. Chase A few words and but few in ref
erence to the remarks of the distinguished Sena-
tor from Michigan, Mr.. Cass. l am glad that
Senators have done individually that which the
Senate is unwilling to do collectively; and by no
one has that duty been performed with more abil-
ity and eloquonce than by that honorable Sens-
tor. He has assigned, as have also other Sena-
tors, the why the prayer of this petition
should not be granted. And no. one, in favor of
receiving this petition, has suggested any further
action than that these reasons should be assigned
by the Senate, not in debate, but by report. i
have asked for even less than that--barely that
the right OF petition secured by the Constitution
itself should be preserved inviolate. And the
obligation to maintain that right invioate is as
binding upon every Senator by the oath he has
taken to support the Constitution as the duty of
maintaining any other right secured by it.
How are we met in the argument of this ques-
tion2 One Senator assigns one rule by which |
the right of petition should he limited another
another; and third, one different from either. |
The rule Of restriction which meets the most gen. |
era acceptance seems to be this that the people |
have no right to petition or, If they do have no
right to be heard, unless we, to whom the petition
s addressed, think it is perfectly within our power
to grant its prayer. If this be so, the remark of
the Senator from New Hampshire Mr. Hale is
full of force that every Senator is bound to vote
against the reception Of every petition which in
yokes any action Whatever which In his deliberate
judgment is beyond our power.
According to this rule, the honorable Senator
from Michigan is bound to vote against every
petition which contains in 1t prayer to prohibit
the extension of slavery by net Of Congress. The
Senator from Michigan says, indeed, he does not
20 so far as that. The rule, he thinks, does not
present case in which the judgment of an indi
vidual Senator against the constitutionaiity of
the action invoked is clear but to In which
the judgment of the majority is clear against it.
Is that distinction which can be maintained for
a moment2 If am at liberty TO vote for the re-
ception of petition praying for action, not, in
my individual judgment within our constitution
al competency am | the less free so to vote, be-
cause majority concur with me In that judg
ment? Can it be said that the Constitution is
violated by vote to receive petition, when a