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

P1oceSo VI Toasohing, Ocnlai Vi lne i'e'' Va
petition.
Well, suppose the committee report bill not
in conformity with the prayer of the petition,
and it is moved that that bill lie upon the table
According to the same reasoning upon this sub
Ject, that is equal to violation of The right OF
petition; for it will be said: What, will you re-
ceive petition, and have it referred, and re-
port made, and then treat the petitioner so con-
tcmptuously as not to consider it, but order it
to lie on the table!
MIR. President this is what we habitually do.
We receive memorials and petitions and we or
der them to lie on the table, or we refer them or
not according to our sense of the necessity or
propriety Of the reference. And when we re-
ceive petition, to say that we are bound to do
anything more, out of regard to the rights OF
the petitioners, is to say that when they think
proper to petition or memorialize Congress on
any subject, Congress is not only obliged to
hear but to act upon it, and for aught can see,
to do what is desired
Mr. BERRIEN. And substitute their judg-
ment for our own.
Mr.. BADGER Yes, as the Senator from
Georgia suggests, it is to substitute the judy
ment of the petitions for our own. Now, Mr..
President, we are told that if We pursue this
course we shall promote agitation, and the SEN
ator from New York is exceedingly solicitous
to prevent it, and talks about the philosophy of
government, or the philosophy Of obligations.
think we have no need to involve ourselves in
any intricacies of philosophy. Here is 4 law
passed mt the last session, and il the Senate are
satisfied that the law ought to be suffered to
stand until time and experience have tested its
wisdom, it's merits or dement's, then the Senate,
with due regard to the interests of the coun-
try and their own duty, dare not prematurely
agitate a subject which would be otherwise UNI
just and offensive to the public itself, and inju-
rious to the public interests. The agitation of
the subject in an unfriendly and hostile manner
now, would be to reopen the agitation OF the
subject before there has been an opportunity for
the public to know whether the measure is wise
and good or not. 1t therefore seems to me that
this question has nothing to do with the right
of petition, unless the right of petition be the
right to compel this body to consider and act
upon subject irrespective of its ownjudgment
of its propriety / shall vote for the reconsid-
Grafton of the motion by which this memorial
was referred to the Committee on the Judiciary,
with the intention of voting to lay the memo
rial on the table, because believe its considera-
ton will be injurious and cannot be beneficial
In the exercise ofmy own judgment feel that
have invaded the privileges rights of no por-
ton Of the citizens f the United States.
Mr.. BRADBURY. regard the decision Of
this question Of no great practical Importance,
whether the vote of reference be reconsdered
or the memorial be left with the committee to
which it has been referred. The Judiciary Com
mittee has the subject fully before it at the pre-
sent time-as fully without this petition as it
can be with it. A petition Of the same character
as this was referred some months ago, and the
committee have agreed upon report upon that
petition. The bill introduced by the honorable
senator from Indiana was referred in like man.
ner, and the committee have also agreed upon a
report.
Perhaps it may be we'll that I should take the
occasion to add that the committee deem any
legislation upon the whole subject inexpedient.
1t can, then, make no practical difference whether
the petition is referred or not. The first petit
ton which WIS laid on the table was so disposed
of, amongst other reasons, for the purpose OF
stopping useless debate. II was known that
the morning business was interrupted by unnec-
essary and prolonged discussion on this subject
to the exclusion of all other business. | voted
to make that disposition of such petitions and
shall do it again under like circumstances.
! Now different question is represented a
petition has already been referred, and the mo-
ton is to reconsider the vote of reference; the
petition had been suffered to remain with the
committee, there would have been the end of il
II, however, the motion to reconsider is pressed
we know not how long the discussion may be
continued, nor how much of the time of the
Senate may be taken up in this unnecessary de-
bate / regret that the senator from Missouri
Mr. ArcHIsoNl felt it to be his duty to make
the motion to reconsider, and open the door to
all this Dissatisfaction the disposition of the
petition which had been made could do no man.
ner of injury. AS voted to lay petitions on
the table to prevent a waste of time, so now, to
put an end to this proft)ess discussion, move
that the motion of the senator from Missouri be
laid on the table.
Mr. BUTLER. Will the senator withdraw
that motion for moment!
Mr. BRADBURY. Certainly, if the senator
will renew it,
Mr. BUTLER ! wish to make an explana-
ton, as the Committee on the Judiciary has been
pretty freely alluded to, and have no doubt in
good faith, by the senator from Maine When
the subject came before the committee, posi-
lively refused to have anything to do with it
one way or the other. What has been done by
the other members Of the committee know not;
but wish to make one explanation, that my
course now and hereafter may be Ineligible to
the Senate. did as much, or endeavored to
do as much, and in good faith, as any senator
on this floor to arrest agitation on this subject.
During the greater part Of the last session, while
others were casting impediments-fo they were
but impediments-in this stream Of agitation,
publicly declared to the Senate that, so far as /
was concerned, | should not from that time forth
raise any opposition to any position of such
character which might be introduced to this
Senate and say now, in my closing remarks,
that you might as well attempt to put a maniac
asleep by ullabes ns to restrain agitation on
this subject.
Mr.. HALE. / am exceedingly gratifed by the
remarks of the senator from South Carolina on
this subject, and think there is a great deal of
truth in them. But ! want to call the attention
of the Senate to this consideration in the dis
position of this question. ] take it it will be
conceded by everybody that it is desirable to
have the laws which we pass particularly our
Quiescent laws, uniform in their operation.
have not read all the papers, and am not posted
up upon the proceedings in all the States but
] do not know that this law has operated differ
emily in several States. think know how it
has operated in three of the States, and more
diverse operation of single law cannot well