Speech of Mr. Cushing, of Massachusetts, on the Right of Petition, eBook

This eBook from the Gutenberg Project consists of approximately 27 pages of information about Speech of Mr. Cushing, of Massachusetts, on the Right of Petition,.

Speech of Mr. Cushing, of Massachusetts, on the Right of Petition, eBook

This eBook from the Gutenberg Project consists of approximately 27 pages of information about Speech of Mr. Cushing, of Massachusetts, on the Right of Petition,.
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.

In the first place, I aver that I, and those with whom I have acted or voted, did not seek debate on this subject.  We felt anxious, almost universally, to avoid it.  The members from Massachusetts, at least, have not invited, and, until it had been under discussion among other gentlemen for a whole month, they scarcely participated in, the agitation of the subject in this House.  We sat here week after Week, submitting, for the sake of public peace, to hear in silence the harshest reflections upon our constituents; and listening, with surprised curiosity, to the strangest legal and political heresies, uttered as confidently as if they were gospel truths communicated by divine inspiration.  One of my colleagues (Mr. Adams) did, indeed, beseech gentlemen not to provoke him to a discussion of the subject; and thus it went on, untouched by us, until another of my colleagues (Mr. Hoar) could no longer abstain from the temperate defence of the Constitution and of his fellow-citizens.

In the second place, I do devoutly believe that gentlemen misjudge, if they suppose that agitation out of doors is to be arrested by the quashing of these petitions on their very introduction to this House.  With my whole heart I accord in the view of the subject taken some time since by an honorable gentleman from New York, (Mr. Hunt,) and which I know is taken by one of the wisest and most trusted of the statesmen of Virginia, now a member of the other branch of Congress.  If there be any plausible reason for supposing that we have the right to legislate on the slave interests of the District, you cannot put down the investigation

Copyrights
Project Gutenberg
Speech of Mr. Cushing, of Massachusetts, on the Right of Petition, from Project Gutenberg. Public domain.