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. — John Shaqi
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
History
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.)
At that crisis, in the very greenness of the immature youth of the
Constitution, when it was least able to bear the shock of sectional
collision, Mr. Madison, Southerner as he was, steadily opposed his
friends from the South and successfully advocated the commitment of
the petitions. I submit to the House his speech, as I find it very
briefly reported in the newspapers of that day.
"Mr. Madison observed, that it was his opinion yesterday that the
best way to proceed in this business was to commit the memorial
without any debate on the subject. From what has taken place, he was
more convinced of the propriety of the idea. But, as the business
has engaged the attention of many members, he would offer a few
observations for the consideration of the House. He then entered
into a critical review of the circumstances respecting the adoption
of the constitution, the ideas upon the limitation of the power of
Congress to interfere in the regulation of the commerce in slaves,
and showing that they undoubted were not precluded from interposing
in their importation, and generally to regulate the mode in which
every species of business shall be transacted. He adverted to the
Western country, and the cession of Georgia, in which Congress have
certainly the power to regulate the subject of slavery, which shows
that gentlemen are mistaken in supposing that Congress cannot
constitutionally interfere in the business in any degree whatever.
He was in favor of committing the petitions, and justified the
measure by repeated precedents in the proceedings of the House."
I produce this speech, not for the purpose of adopting all its
views, for some of them I confess are new to me, and such as I have
not had time or means to investigate, but in order to show
conclusively what Mr. Madison deemed wise and proper to be done in a
contingency so precisely like the present. Accordingly, all the
petitions were committed to a select committee; that committee made
a report; the report was referred to a committee of the whole House,
and discussed on four successive days; it was then reported to the
House with amendments, and by the House ordered to be inscribed in
its journals, and then laid on the table.
That report, as amended in committee, is in the following words:
"The committee to whom were referred sundry memorials from the
people called Quakers; and also a memorial from the Pennsylvania
society for promoting the Abolition of slavery, submit the following
report, (as amended in committee of the whole.)
"First, That the migration or importation of such persons as any of
the States now existing shall think proper to admit, cannot be
prohibited by Congress prior to the year 1808."
"Secondly, That Congress have no power to interfere in the
emancipation of slaves, or in the treatment of them, within any of
the States: it remaining with the several States alone to provide
any regulation therein which humanity and true policy may require."
Public-domain text, read in full here on John Shaqi.
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