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.)
I now present to the House a Petition signed by inhabitants of
Amesbury, in the State of Massachusetts, among the subscribers to
which are persons whom I know and avouch to be citizens of the
United States. They pray for the abolition of slavery and the slave
trade in the District of Columbia, and in the Territories under the
jurisdiction of the United States. I make the preliminary motion
that it be received; and, upon that motion, I proceed to express my
views to the House.
Steering clear of all the inflammable matter intruded into these
debates, gauging myself to the standard of the most absolute
moderation, and resolutely tying down my thoughts to the real point
in issue, what I propose to examine is the single naked question of
the constitutional right of petition, as involved in the disposition
of these petitions.
Looking into the Constitution I find, among the amendments proposed
by the Congress of 1789, and the very first of the number, the
following article:
"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof, or abridging the freedom
of speech or of the press; or _the right of the People_ peaceably to
assemble and _to petition the Government for a redress of
grievances_."
Long before I had imagined that such a right would ever be called in
question, I remember to have read the remark of a distinguished
jurist and magistrate of the State of Virginia, (Tucker's Notes on
Blackstone,) complaining that the concluding words of the clause I
have cited from the Constitution did not so strongly guard the great
right of petition, as the liberties of the People demanded. On the
other hand, a still more distinguished jurist and magistrate, of my
own State, (Story's Commentaries,) in remarking upon the same
article, expresses the opinion that it is ample in terms; because,
he adds, "It (the right of petition) results from the very nature of
the structure and institutions of a republican government; it is
impossible that it should be practically denied until the spirit of
liberty had wholly disappeared, and the People had become so servile
and debased as to be unfit to exercise any of the privileges of
freemen." These eminent constitutional lawyers agreed in opinion of
the importance of the provision; they differed only in thinking, the
one, that the right of petition could not be too clearly defined;
the other, that whether defectively defined or not in the letter,
the People would take care that it should in spirit be faithfully
observed. While the first entertained a wise jealousy of the
encroachments of the People's representatives, the other looked for
the protection of the public rights to the People themselves, the
masters of the People's representatives. And as the fears of the
former have been verified too speedily, I trust that the hopes of
the latter will be not less truly realized.
Public-domain text, read in full here on John Shaqi.
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