The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-02-20


United States to undertake to adjudcate as to
what was the legal effect Of the act passed a
year ago. think the Supreme Court would
be justified in sending an injunction against our
proceeding any further in such wild-goose
chase sa that because if there is anything which
belongs properly 70 the Judicial department OF
government, it must be to consider the con-
struction Of law passed year ago. II be-
longs exclusively to the judiciary But think
the argument Of the senator from North Caro-
lima operates against the introduction OF the bill
OF the senator from Indiana, and in favor OF the
petition; because the petition is what we act
upon, and the bill calls for action upon sub
ject which belongs to the prerogatives OF the
Judiciary.
When we were discussing this subject year
ago, one Of the most astute and clear-headed
lawyers in the Senate, mean my friend from
Kentucky, Mr.. UNDERwooD,] undertook to lay
down distinction between petition which
comes from those among whom it is to operate,
and one coming from those among whom it is
not to operate. If the law is to operate upon
the people who make the petition, or if it is to
be executed amongst them, then clearly they
have right to petition, and consequently we
are bound to receive their petition. Well, this
is exactly the case This petition comes from
part OF the country where the Law is to go
into operation, in the free States. 1t is to OPP
crate upon the citizens there. 1t imposes duties
upon them, and puts them under heavy respon-
slblties, and therefore it comes within the case
put by the senator from Kentucky, where there
is clear obligation to receive the petition.
That being the case. trust we shall have the vote
of the senator from Kentucky against the recon-
sideraton of the vote making the reference.
But much has been said by senators on the
right and left about the right Of petition. Let
me say that do not attach much Importance to
the right of petition to this body. The right of
petition should be to the people; and it is to
them that ] mean to make my appeal. have
tried it here enough to know that this is not the
place and if the people will listen to me will
tell them to spend their breath among them
selves.
Some gentlemen seem to eschew the epithet
of agitator Sir, everything valuable in the in
stitutons we enjoy is the result of agitation,
and it is only error that skulks from it; truth
does not fear it. Instead of washing my hands
Of the charge of being an agitator, | glory in
having done what little have to merit the
name in which O'Connell reoced, and to merit
the name given to all those through whose ex-
ertons in times past, whenever political re-
formation has been wrought out it has come.
Aye, sir, where there is no agitation, there is
stagnation, fHtid corruption, and death. But
agitation is the great element OF life; it was
through agitation that the American revolution
sprung into being; it was agitation which gave
birth to the American Constitution it is the life
and birth of everything valuable; and when it
ceases everything worth having in our existence
will die. Under the frtid cxhalations that will
spring up from that putrefacton which must en-
sue when the life-giving element of agitation is
withdrawn all these will perish.
No, sir, glory in the name of agtator
wish the country might be agitated vastly more
than it is. The great fault is that it is not ag
itated half enough. There are many errors
which require agitation, and nobody but those
who are hugging decisions and errors--fatal err
rors--have anything to fear from that life giving
element which will mpart its healing MS did the
waters of the pool at the Beautiful Gate of the
Temple. Nobody that stepped into that pool
could be healed until the angel had gone down
and stirred and agtated the waters.
Mr.. BERRIEN. When the senator from
New Hampshire advises his coadjutors to trans
fer these speeches, calculated, if not intended,
| to produce excitement among the people of this
Union, from the Senate chamber to the stump,
would have been gratifying if he had enforced
his precept by his example. But rise for the
purpose of calling the attention of the Senate
to the nature of the memorial which has pro-
duced this discussion. PROFESSIONALLY it was
by an oversight that the vote of the Senate to
refer it to the Judiciary Committee was taken
Sir, what is it! We are told that the signers of
this paper are respectable persons. What evil
dence Is there in the paper presented to the
Senate that this memorial was ever signed by
these individuals! Here are several sheets of
paper on which names are inscribed, and on the
top OF these papers is pasted memorial. There
is not the slightest evidence upon the face of
the paper that the memorial was ever subscribed
by the individuals whose names are attached to
it. And, sir, if they are of the respectable cha
racter which is given to them by the senator
from Maine of which will not permit myself
to express, because do not entertain moments
doubt, the inference in plain one that such men
of respectable character have never signed such
a petition. What is it 1t states that you pas
sed a law at the last session of Congress which
violates the Constitution Of the country, which
is in conflict with the duties which we owe to
bene y0tence to humanity, and to God; law
with the acquisitions of which they are not will
ing to comply, and to the penalties Of which they
are not disposed to submit 1t is this memorial,
calling therefore for modification or repeal of
the Fugitive slave law, which, by vote of the
Senate, is to be referred to the Judiciary Com
mittee
And now, pray you, what is the inquiry or
what are the inquiries which that committee is
to make : We are to inquire if the Con-
gress of the United States at the last ses-
sion have passed law in violation of the
Constitution, have passed law violating the
duties of benevoence and humanity, and the
duty which we owe to God /; we are to enquire
whether these memorialists are bound by the
acquisitions of that law to submit to its require
ments, or bear the inhiction of its penalties
ask whether this is such memorial as ought to
be referred by this Senate to one of its COM
mttees! | think, apart from all that has been
said on this subject, the character of this me-
mortal is one that forbids such reference
tLust that the motion Of the senator from Mis-
souri, will prevail that the subject will be re-
considered and, since the memorial has been
received, we shall do from respect to ourselves,
what that respect would have indicated if this
suggestion had been made anterior to its refer
ence, that we shall dispose of this memorial in
the most summary manner possible. Such a
memorial, if its substance had been known to
the Senate, trust, would not have been recev-