The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-03-22
TIL Z r E ? U BLIC.
SPEECH of Hon. HUMPHREY MARSHALL,
OF KENTUCKY,
Delivered IN the House Of Representatives on
The 18Th 0f March 1852

''N
The 18th Of March, 1852.
Mr.. MARSHALL of Kentucky having obtained
the floor at three O'Clock p. m, about to pro-
ceed. when he was interrupted By
Mr.. JOHNSON, OF Arkansas, who said l wish 10
make a statement, if the committee will allow me.
The Deficiency bill has not been spoken to- at all,
us yet. ask the privilege to say few words upon
that bill this evening, in behalf OF the Committee
on Indian Affairs; and to make brief cxplana
ton in regard to several estimates made by the
Government, which have been rejected by the
Committee of Ways and Means. hope this
mittee will hear Inc this evening, and, by unani
NOUS consent, that my friend from Kentucky may
proceed with his speech tomorrow morning.
[Cries Of" Agreed ~ Agreed!'I
MIR. MARSHALL. Surely, should have no objec-
ton to such course, it were in the power of this
committee to allow me to proceed TO morrow. But
the House has ordered this debate TO close at four
O'Clock this evening. Can the Committee OF the
Whole mako any arrangement out OF the scope OF
the order Of the House?
The CHAIRMAN. BY the order of the House the
debate close at four o'clock this day, and it is
already past three.
Mr.. MARSHAL. While am thankful for the
desire manifested by my fellow members to afford
me a more pleasant opportunity to address the COM
nittee, think it will be my duty to proceed at
once. Ii is unpleasant to be compelled TO tax the
patience of gentlemen, already wearied by the
protracted session Of to-day; but, under the orders
of the House, shall have other opportunity; and
the Chair, will submit some observations now.
Whatever apology may be due to the committee or
the country for the consumption OF time, will be
found in the necessity which has been imposed up
on his Wing colleagues, by speech which was
pronounced in this Hall short time since. by the
talented member from the Ashland district of Ken
lucky. Certain observations Of the member from
Florida, (Mr. CABELL,) supposed to be calculated
to affect inuriously the political fortunes OF friend
and avorite fellow citizen Of my colleague, brought
him forward as be said in that speech, "a copy OF
which lies before me,) to vindicate the action OF
the Kentucky Democracy, and, coaterally, jus
tfy their choice"
In the discharge of this selfimposed duty, had
the honorable member been content to produce the
proof in his possession to vndcate General Butler
from the implication of political dupliclty, and
even TO follow up such vindication by eloquent eu-
logy Of his life and services, occasion would
have arisen for a reply. Bot, while Offering to his
own favorite the tribute OF personal and political
friendship, he chose, under the cover OF n COM
parison between Mr. Fillmore and General Butler
TO embrace within the scope OF injurious crtlcisin
II not of unmerited denunciaton, the entire South
ern Whig party. If mere suggestion by the
member from Florida--that the existing opinions
Of William o. Butler touching slavery were not
known, and therefore he might be supported by
shareholders and Freesollers, under misconcep-
ton Of their exact tenor-was sufficient provoca-
ton to induce my colleague TO enter upon "the
yindication of the Kentucky Democracy, and, col
lateraly, OF their choice;" with how much more
reason will reply now be required OF some Whig
member from Kentucky, to prevent the untavor-
able conclusions likely TO flow from the assault Of
my colleague upon that man who is the choice of
the Kentucky Wbigs, as well as upon the conduct
of the whole Southern Whig party!
l shall not participate in the contest which has
been carried on in the presence of this House for
the past ten days. Gentlemen of the other side
Of this Chamber entirely competent to the
adjustment of their own family jars. Though
General Butler Is my constituent, and, therefore,
coguise the fact that bis interests in hands more
competent than mine 10 do them justice before the
tribunal Of Democratic opinion | will remark,
however, that long acquaintance with William
%. Butler enables me 10 say Of him-and il afords
me pleasure thus publicly to say-I never have en-
tertained the idea for moment that he would be
a tame and quiet tool in the hands Of any set Of
men. have never heard dissimulation attributed
70 him by political ioes or personal enemies. be-
lieye him to be manly, straig aightforward, and hon
orable character conspicuous for the purity of his
private life, and his fidelity TO every Observance Of
a personal honor, which Is not only unstained by
reproach, but above suspicion. Whatever political
opinions he may entertain, | cannot doubt the sim
cerity with which he maintains them, or the can.
dor with which he will always express them; for,
though political adversares, separated by
opinions which are irrcconcilable, | must say,
that do not believe any Office could present prize
sufscenuy precious and tempting to compensate
William o. Butler to stoop TO deliberate deceit
was not surprised TO sec his letter. for caculat cd
upon something from his pen which would state
his true position. think, however, that even my
honorable colleague does not define clearly his
present views, and that the remarks ] shall make
will bring the committee TO the same conclusion.
My colleague (Mr. BREcKEsRIDGE) thought fl
10 compare the votes OF Mr.. Fillmore and General
Butler, upon some points connected with the pow
cr Of Congress over the matter OF slavery in some
Of its aspects. Observe that the contrast selected
by my colleague s n strong one. The point OF
view presents General Butler and Mr.. Fillmore IN
direct antagOnism 20 each other upon a grave
question of constitutional law. The time and qucs-
ton for each being the same, | admit that the
friends Of either may fairly institute the cumpari-
son. Ny colleague specifies against Mr.. Fillmore
thus:
AT the commemorate Of the twenty sixth Con.
gress, Mr.. Wise Of Virginia. submitted rcsolu.
tOu that all petitions, memorials, and resolutions,
for the abolition Of slavery the slave trade n the
States, Territories, or Districts, of this Union,
should be considered as objected TO, and the qucs
ton Of reception laid upon The table without debate.
Thcreupon, instantly, Mr.. Fillmore, ofNew York,
stated that If IL necessary 20 object 20 the reso
luton, he objected. Upon motion 10 suspend the
rules for its Introduction, | find the name Of Will
liam o. Butler recorded in the affirmative; and the
names of Messrs. Adams, Giddings, Fillmore, &C.
&c, in the negative F"
Now, sir, the direct inference from these remarks
is, that my colleague comedies with the view OF
Mr.. Wise, as presonted by bis resolution. That
view denies 90 the citizen the right TO petition for
the slave trade, because IT is not IN the competency
Of Congress to act upon the question in any aspect
Ii is clear that where Congress possesses the
power TO act the constituent has right 90 petition
for action The free exercise Of that right Is con.
sistent with the discretion vested III Congress, TO
determine the expcdiency Of granting or refusing
the prayer Of the petition; for the distinction is
plain between the right 10 petition and the policy
Of conceding the request Of the petitioner.
Mr.. Wise's resolution, to which reference ia
made, based on the idea that Congress, haviu z
right Of action in any Of the particulars specified
in that resolution should not entertain, even by re-
ccption, petition for legislation upon any Of them.
General Butler voted with MIR. Wise throughout;
and. must presume, entertained the same opinion.
Mr. Fillmore, believing that Congress did possess
the power 20 legislate upon some OF the subjects
suggested by the resolution voted against ts pas
sage, in order 10 preserve the correlatye right OF
the people TO petition for action wherever Congress
had the power.
The various propositions presented to the tweu
~ sixth Congress for the disposition Of abolition
petitions exhibited by their difference from each
other, the shades OF opinion entertained by mem
bcrs Of that body. remember a resolution, offered
by Judge Chinn, Of Louisiana, which proposed TO
receive the petition, and Immediately to reler It,
,oiihom debaie. Upon this, also, MIR. Fillmore aud
General Butler were opposed TO each other, the for.
mer voting in the affirmative This rceoluuon,
taken in connexion with Wisc's resolution, pre-.
sented very distinctly the questions Of COngres-
H,tfs Of bn