United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
Down to 1834, the custom of procedure in Congress had been to receive,
hear, and refer all petitions. That was going one step farther than
was required by the constitutional right of petition; still it was the
regular course, and such men as Mr. Adams thought it unwise to depart
from the custom in the case of the Abolition petitions. At any rate,
Mr. Hammond's motion was a new proposition. The Speaker said that he
was "not aware that such a motion had ever been sustained by the
former practice of the House," and appeared to rule Mr. Hammond's
motion out of order. A confused wrangle ensued over the attitude
assumed by the Speaker, during which Mr. Hammond made a motion to
reject the petition, and the Speaker, becoming confused by the two
motions, the one not to receive, and the other to reject, and knowing
that the House could of course reject the prayer of a petition,
yielded to the representations of Mr. Hammond, and put Mr. Hammond's
motion not to _receive_ the petition to the House. The House voted not
to refuse to receive the petition, but the ruling of the Speaker in
putting the motion implied that the House possessed the power to
refuse to receive, that is, to refuse to hear, a petition. Another
confused wrangle ensued over the question whether the House had voted
merely not to refuse to receive the petition, or had voted to consider
its contents at once. After a day of heated debate and three days of
adjournment, during which excited feelings were somewhat calmed, the
House reversed all former action, and voted to lay the petition and
all the motions relating to it on the table.
{257} [Sidenote: True view of the right of petition.]
Another petition, which, during this wrangle had been inadvertently
referred to the committee on the District, was now recalled by a
motion to reconsider the vote of reference. It was upon this motion
that Mr. Adams made his first great appeal for the right of petition.
As we have seen, his view before this was that petitions must be
received, heard, and referred. In this speech, however, he indicated
that there should be a report from the committee, and a vote upon the
report. Mr. Jones, of Virginia, met Mr. Adams' assertions quite
successfully, and showed conclusively that, if the right of petition
should be interpreted to reach any farther than the right to have the
petition received and heard, it would so modify the constitutional
right of the House to establish its own rules of procedure as to put
it in the power of a few determined obstructionists outside the House,
acting with a single member of the House, to prevent the House from
doing anything but consider petitions upon a single subject,
sacrificing thus the interests of the whole people to the obstinacy of
a small number of the people.
[Sidenote: The power of Congress over slavery in the District of
Columbia.]
Public-domain text, read in full here on John Shaqi.
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