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.)
And, in the first place, I beg of the House, and especially of the
gentlemen who so ably represent Virginia on this floor, to remember
how this article found its way into the Constitution.
You well know, sir, that when the Constitution was submitted to the
People of the respective States for their adoption or rejection, it
awakened the warmest debates of the several State conventions. Some
of them, in accepting the proposed plan of government, coupled their
acceptance with a recommendation of various additions to the
Constitution, which they deemed essential to the preservation of the
rights of the States, or of the People. The Commonwealth of
Massachusetts insisted, among other things, on the adoption of that
memorable amendment, to the effect, "that it be explicitly declared
that all powers not expressly delegated by the aforesaid
constitution, are reserved to the several States to be by them
exercised." Having attained this object, and thus clearly
ascertained what powers it was that she parted with to the Federal
Government, she felt less anxious in regard to some things which in
other States, were deemed important. Especially, she did not, for
herself demand the insertion of those general clauses of political
doctrine popularly called, at that time, after the celebrated
English bill of rights, and known in some modern European
constitutions by the name of _guaranties_. She was less tenacious on
this point, inasmuch as her own Constitution was very full in this
respect. It contained two clauses material to the present question,
in the following words:
"All power residing originally in the People, and being derived from
them, the several magistrates and officers of government, vested
with authority, whether legislative, executive, or judicial, are
their substitutes and agents."
"The People have a right, in an orderly and peaceable manner, to
assemble to consult upon the common good; give instructions to their
representatives; and to request of the legislative body, by the way
of address, petition, or remonstrance, redress of the wrongs done
them, and of the grievances they suffer."
These clauses being in her own Constitution, I say, and it being
understood by her that all powers not granted to the United States
were reserved to the States, she felt that she was safe in agreeing
to the fundamental compact of the Union.
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