Speech of Mr. Cushing, of Massachusetts, on the Right of Petition,: as Connected with Petitions for the Abolition of Slavery and the Slave Trade; in the District of Columbia. In The House Of Representatives, January 25, 1836.Cushing, Caleb
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Speech of Mr. Cushing, of Massachusetts, on the Right of Petition,: as Connected with Petitions for the Abolition of Slavery and the Slave Trade; in the District of Columbia. In The House Of Representatives, January 25, 1836.
Cushing, Caleb
Petition, Right of; Slavery -- United States -- Speeches in Congress; Slavery -- Washington (D.C.)
We have been told that the prayer of the Petition is for a thing
which the Constitution does not permit to Congress, and so the
petition itself should not be received. I ask of the House how it
appears that we have no right by the Constitution to legislate upon
the subject matter of the Petition? It may be so; and it may not.
One member of the House has earnestly averred that it is; another
that it is not. Which of them is right? I confess, for myself, that
I cannot think it becomes the House to decide either way, upon the
mere _ipse dixit_ of individual members. Besides, the Petition calls
in question not only slavery, but also the _commerce in slaves_. And
will any gentleman affirm that the slave trade of the District is
among those holy things which Congress may not constitutionally
handle? Is this District set apart by the Constitution, under
whatever changes of opinion or fact the progress of civilization may
introduce, to be unchangeably and forever a general slave market for
the rest of the Union? I confess that I, again, am disappointed in
that, among all the confident things said in denial of the
constitutional powers of Congress in this matter, there has not
been, so far as I remember, any systematic argument on the perfectly
distinct branches of the double constitutional question involved in
it, namely, the slave property, and the slave traffic, of this
District. And what shall be said of our constitutional power in the
purchased Territories, under the jurisdiction of the United States,
to which some of these petitions apply? And what clause of the
Constitution restricts the right of Petition to constitutional
things? This House cannot grant beyond its powers; these are limited
by the Constitution; but the People may petition for any thing; for
the right of petition is, by the constitution, secured forever
against any and every limitation or restriction.
But then it is said that the subject-matter of the Petition does not
admit of debate; that the deliberate consideration of it, and the
decision of it in the ordinary course of business, would be fraught
with disastrous consequences to the peace of the South, and the
general tranquillity of the Union. Deeming this argument of more
weight than the other, I will give to it more careful attention;
especially as, on this point, gentlemen have appealed with great
force of language to the patriotic consideration of the North.
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