The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-01-10
CALEB CUSHING IN 1889.

OF January, lSiu.
After reviewing the history of Atherton's
gag, and the efforts to defeat it, he proceeds:
On the 10Th, Mr.. Adams. in presenting a
petition for the abolition of Slavery in the Dis
trict of Columbia, moved that the petitioners
agreeably to request made BY them, might be
heard at the bar of the House by themselves OF
! by counsel; but the motion was ruled TO be ont
of order, by reason of the fifth resolution.
| On the same day, being the first occasion of
my presenting an Anti-Slavcry petition after
the adoption of the resolutions of the 18th. I
protested that, in submitting to the application
of that resolution to the petition, ] Welded not
to right, but to power, conceiving the resolution
to be unconstitutional, and in itself purely null
and void and | moved TO have my protest
entered in the journal; but the Chair decided
that the motion was not in order
! Regarding the fifth resolution in constitu.
tional point Of view only, it is indeed liable to
the gravest objections.
1t is customary for the several State Legisla-
lures to adopt resolutions and memorials to
Congress on interesting subjects as they arise
/ and such documents emanating from the sOver-
| elgn members of the Federal Union. have until
recently, been treated with the respect and con
/ sideration due to them in courtesy and TO
which they are moreover constitutionally enti-
tied. BY the fifth resolution all such documents,
If they touch Slavery in any way are to be
unceremoniously and discourteousy thrown
upon the table, unheard and unconsidered.
1t is the imprescriptible right of the people
to petition Congress and there can be icon
stltutionally) no abridgement Of this right.
This resolution does not only abridge the right,
but furthermore absolutely stiles and smothers
the petitions themselves. 1t is frequently said,
indeed, that Anti-Slavery petitions are to be
refused hearing, because they pray (it is 81
| leged) for things beyond the Jurisdiction of
/ Congress. This view of the question is an err
roneous one. The mere Legislative Jurisdiction
OF Congress, under the Constitution, is limited
and specific; but Congress has authority. also
to propose amendments of the Constitution /:
propositions of this kind are made in it con
tinually; and therefore things beyond the Con.
stitution may be lawfully petitioned tor, because
throug an amendment of the Constitution they
. may be lawfully reached. OF course, the right
Of petition cannot be limited by the fact of sub
ject matter, as whether within the ordinary leg
islative jurisdiction of Congress or not.
Freedom of debate, the right to propose proper
things at some fitting time, is of the very es
sence Of deliberative assemblies, and is careful
| ly provided for in the Constitution Yet if by
the arbitrary despotism of majority, rules NAV
be established which constitute q perpetual an.
tecedent prohibition of motion or debate, there
Is an end Of the privilege itself. And the uncon-
stitutional Injustice of such prohibition be-
comes the more fragrant, ii its object be the
security, by such extraordinary means, of some
selected local or sectional interest. This NAV
be illustrated by supposing that majority of
the House, having commercial or manufactur-
ing partialities or interests, should establish a
standing rule to preclude the members in the
minority from ever making any proposition
and even forbiddng the State Legislatures ever
to present resolutions or memorials, which could
in tie remOteSt indirect possibility affect COM
merce or manufactures. Would not the uncon-
stitutiOnalty and injustice of such a rule be
manifesto And yet the fifth OF the resolutions
Of the 9th Of December is in principle essen
TALLY the same as the supposed case.
1t is liable to other important objections Of
principle and of expediency.
Nothing could be more completely delusve
than the resolution, 50 far as regards its pro-
fessed object, the dscountenance and proven
ton OF Anti-Slavery agitation in the House or
out of it.
AS to the House, instead Of havin- been de-
livered from the subject Icy .ais resolution, the
subject never before came up so constantly as
1t has done since the 18th of December And
this might well have been expected The minds
of men are full of the subject; full Of it as
question of principle; full of it as a question
now ut would seem) to be assumed by the Ad.
mlnistration for a party test; and from the
fullness of the heart the mouth speaks Under
these circumstances, debate, if damned up in
its natural channels must and does break forth
every moment irregularly, and yet irrepressiby;
and that, not only among the members from
the North, but also among those from the South,
who feel and struggle in the very chains them
selves had contributed to forge.
Much IS said of the interruption OF business
by the discussion of this subject in the House;
and the resolution is put forward rs aiding the
despatch of business. The answer to which is,
that this is business. Indeed, there can be
nothing in the nature Of business more i'm.
portant than that which in its industrial, finan-
cial, and political relations is at the bottom of
all the action of Congress. This, therefore. like
other great interests of the country, must and
will find its way into debate
Nor Is agitation on the subject Of Slavery
out of the House to lie arrested by the adoption
OF extraordinary and unconditional means for
its repression. Such measures, on the contrary.
will of necessity increase agitation, 90 long as a
spark OF liberty fingers unextinguished in the
human breast
ltla impossible that the ultimate moral effect
of the resolutions should be beneficial TO the
slave interest Of the South. Nothing could be
more fatal to that interest, than to establish in
the public mind conclusively the fact, that in
order to maintain Slavery at the South it Is
necessary to put an end to liberty everywhere
that the people of the North are to be uncon-
stitutionally deprived of the right of petit
zion, members of Congress curtailed of their
privilege of debate, and all free speech, fee
petition, free thought, even, to IA utterly Sup
pressed In regard to t..at thing, which pervades,
colors, ard controls, by its unpronounced but
s.er.present influence, all the measures and ope.
rstions of the Government. Once establish. /
say, such monstroua fact as this and Slavery
viii be stripped of every claim it now has to
iorbearance in any part of the Union.
Besides, all these vain and spasmodic efforts
to exclude Anti-Slavery petitions from con.
sideratlon in Congress, wear the appearance.
on the part OF those who make the attempt. Of
an abiding consciousness that discussion would
be their Own defeat, and the triumph of the
petitioners.
Inc resolution Is thoroughly anti Democratic
IN the utmost degree. Petitions are one of the
great engines OF popular reform in all represent
alive Governments. Freedom of public dis.
cusson and of parliamentary debate. il another
lhere IS no Democracy where the voice of the
people, and of their elected representatives can.
not be heard, upon every subject of public in.
terest and concernment. And all the arcu.
ments, which have at any time been adduced
In the House, in favor Of thus lynchinp the
petitions OF the people and the speeches Of their
Representatives in Congress, proceed upon as
aumpt'ons utterly at war with all the great
principles of Democratic Freedom established
ana consecrated in the revolutionary and con.