Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-04-10
SPEECH OF MR.. MARSHALL,
In THE HOUSE OF REPRESENTATIVES,, MARCH Is, 1862.

| In THE House or REPRESENTATIVES,, MARCH 10, 1907.
Mr. MARSHALL Of Kentucky, having obtained the
floor at o'clock p. NJ addressed the House as follows;
II is unpleasant (sad Mr. NJ to be compelled to tax
the patience of gentlemen already weared oy the pro-
racted session of to-day but under the orders OF the
House. shall have no other opportunity and as the pub
lie business presses with the sanction OF the Char VIII
submit some observations now. Whatever apology may
be due TO the the country for the consump
ton of time will be the necessity which has been
imposed upon his Wing colleagues by speech which was
in this hall short time since by the talented
member from the Ashland district OF Kentucky Ger
tain observations of the member from Florida, Mr. Ca
BELL supposed be calculated to affect inurousy the
political fortunes of friend and favorite eowctizen of
my colleague brought him forward he said in that
speech Ia copyof which lies before me- to vindicate
the action of the Kentucky Democracy and coateraly
to justify their choice "
In the discharge of this sefmposed duty had the hon
orable member been produce the proof in his
possession vindcate Gen. Butler from the implication
of political dupcity and to follow up such vindca
ton by eloquent eulogy Of his life and services
sion would have arisen for reply But while offering
to his own avorite the tribute Of personal and political
friendship chose under the Of comparison be-
tween Mr. Fillmore and Gen. Butler, to embrace within
the scope of injurious criticism if not Of unmeritcd de-
nunciaton the entire Southern Wing party. If q mere
suggestion by the member from Fordathat the existing
opinions of William O. Butler touching slavery were not
known and therefore he might be supported by slave
holders and e-soilers under misconcepon OF their
exact tenorwas sufficient proyocation to induce my col
league to enter upon " the vndcaton OF the kentucky
much more reason will reply now be required OF some
Wing member from Kentucky, to prevent the unfayorabe
conclusions likely to flow from the assault Of my colleague
upon that who is the choice of the Kentucky Wings
well upon the conduct Of the whole Southern Wing
party?
shall not participate in the contest which has been
carried in the presence of this House for the past
days Gentlemen of the other side Of this chamber are
entirely competent the adjustment OF their own family
jars. Though General Butler is my constituent ana
therefore entitled my attention upon proper occasions
recognise the fact that his interests are In hands more
competent than mine do them justice before the tbu-
nal of Democratic opinion will remark however tnat
to say of him-and it affords pleasure thus publicly
say have entertained the idea for moment
that he would be tame and quiet tool IN the hands OF
any set of have heard discrimination attrl-
bued him by political foes personal enemies be-
lieye him to be manly, straightforward and honorable
character conspicuous for the purity of his private life
and his fidelity every observance OF personal honor
which only unstaned by reproach, but above sus
picon Whatever political opinions he may entertain
doubt the sincerity with which he maintains them,
the candor with which he will always express them
for though we ore political adyersaries separated by
opinions which rreconclable must say that do not
believe any Office could present prize sufficiently prs
cious and tempting to compensate William o. Butler TO
stoop deliberate deceit was not surprised to see his
letter. for calculated upon something from his pen
which would state his true position. think, however
even my honorable colleague does define clearly
his present views and that the remarks shall make will
d bring the committee to the same conclusion.
# My colleague Mr. BREcKESRIDGE) thought fit to COM
the votes Mr. Fillmore ana General
points connected with the power of Congress over
the matter of slavery in of its aspects observe
that the selected by my colleague lisa strong
The point of view presents General Butler and Mr. Fill
more in direct antagonsm to each other upon grave
question of constitutional law The time and question
each being the admit that the friends Of either
may fairly institute the comparison My colleague spec
fees against Mr.. Fillmore thus:
AT the commencement Of the twenty sixth Congress, Mr.
WISE of Virginia. submitted resolution that all petitions
memorials and resolutions for the abolition of slavery the
the Territories Districts TINS
should be considered objected to- and the question OF re-
eepton laid upon the table without debate. Thereupon
stanty, Mr. Fillmore, York, stated that it
cessary object the resolution, he objected Upon
ton to suspend the rules for its introduction find the
of William o. Butler recorded in the Affirmative and the
names of Messrs Adams, Gddings Fillmore &c. &c in the
negative"
that my colleague comedies with the view Of Mr. WISE
presented by his resolution That view denies the
citizen the right petition for any legislation by Con-
respecting slavery the savetrade, because il is
not in the competency Of Congress to act upon the que
ton in any aspect.
1t is clear that where Congress possesses the power to
the constituent hasa right to petition for action The
free exercise of that right is consistent with the dscre
ton vested in Congress determine the expedency of
granting refusing the prayer Of the petitions for the
distinction is plain between the right petition and the
policy of conceding the request of the petitioner.
Mr.. Wises resolution to which reference is made,
based the idea that Congress- having right of action
IN any Of the particulars specified in that resolution
should not entertain, by reception petition for le
gislaton upon any of them. Gen Butler voted with Mr.
Wise throughout and, must presume entertained the
opinion. Mr. Fillmore, believing that Congress did
possess the power to egate upon Of the subjects
suggested by the resolution voted against its passage in
order preserve the correatv right Of the people to
petition for action wherever Congress had the power
i The various propositions presented to the twenty sixth
Congress for the disposition Of abolition petitions exhibit
ed, by their difference from each other the shades OF
opinion entertained by members of that body remem-
Der resolution, offered by Judge Chinn of Louisiana,
which proposed to receive the petition and Immediately
to refer it. rom debate Upon this, also, Mr. Fillmore
and General Butler opposed to each other the former
voting In the affirmative. This resolution taken in
nexon with Wises resolution presented very distinctly
the questions OF Congressional power right of
petition; and the votes reviewing do prove Gen.
Butler to have belonged at that day class states
who denied the power Of Congress upon the points
and subjects suggested by the resolutions and do
Mr. Fillmore to have admitted the power Of Congress over
some of these subjects at least but at the same time
to have been disposed pass such belonged to Con-
gress after respectful reception to the quiet Of the
committee room.
The issue being thus distinctly formed upon the cons
tutona power Of Congress, may not assist udp
upon the Of the respective conclusions
those gentlemen by reference other passages po
litical history?
In the records of the thirty first Congress among that
series of measures known the Compromise
is act to suppress the slave trade in the District Of
Columbia 1t exhibits the actual exercise by Congress
Of the identical power which disputed between Mr.
Fillmore and General Butler and the exarcse of that
the terms of Mr.. wises resolution Here then is a
r;,d,xv