Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
The gentlemen from Virginia (Mr. MADISON and Mr. HEATH) had said, it was
a Judicial and not a Legislative question; they say the petition proves
it, and that it ought not to be attended to. Mr. T. said, he saw no
proof whatever of the impropriety of the House receiving it. There might
be some Judicial question growing out of the case; but that was no
reason, because it might possibly undergo a Judicial course, that the
General Government were not to be petitioned. The gentleman from South
Carolina (Mr. SMITH) had said, "that this was a kind of property on
which the House could not legislate;" but he would answer, this was a
kind of property on which they were bound to legislate. The fugitive act
could prove this authority; if petitions were not to be received they
would have to legislate in the dark. It appeared plainly that these men
were manumitted by their masters; and because a number of men who called
themselves legislators should, after they had the actual enjoyment of
their liberty, come forward and say that these men should not remain at
liberty, and actually authorize their recaptivity, he thought it
exceedingly unjust to deprive them of the right of petitioning to have
their injuries redressed. These were a set of men on whom the fugitive
law had no power, and he thought they claimed protection under the power
of that House, which always ought to lean towards freedom. Though they
could not give freedom to slaves, yet he hoped gentlemen would never
refuse to lend their aid to secure freemen in their rights against
tyrannical imposition.
Mr. CHRISTIE thought no part of the fugitive act operated against
freedom. He thought no good could be derived from sending the petition
to a committee; they could not prove whether they were slaves or not. He
was much surprised any gentleman in the House should present such a
petition. Mr. C. said, he was of the same opinion with the gentleman
from South Carolina (Mr. SMITH) that the petition ought to be sent back
again. He hoped the gentleman from Pennsylvania (Mr. SWANWICK) would
never hand such another petition into the House.
Mr. HOLLAND said, the gentleman from Massachusetts (Mr. THATCHER) said,
"the House ought to lean towards freedom." Did he mean to set all slaves
at liberty, or receive petitions from all? Sure he was, that if this was
received, it would not be long before the table would be filled with
similar complaints, and the House might sit for no other purpose than to
hear them. It was a Judicial question, and the House ought not to
pretend to determine the point; why, then, should they take up time upon
it? To put an end to it he hoped, it would be ordered to lie on the
table.
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