Petitions are to inform the Government of the wishes of the people, and by calling forth the action of the Legislature, to inform the constituents how far their wishes are respected by their representatives. The information thus mutually given and received is essential to a faithful and enlightened exercise of the right of legislation on the one hand, and of suffrage on the other. But the resolution we are considering, provides that no petition in relation to slavery, shall be printed for the information of the members, nor referred to a committee to ascertain the truth of its statements; nor shall any vote be taken, in regard to it, by which the People may learn the sentiments of their representatives.
If Congress may thus dispose of petitions on one subject, they may make the same disposition of petitions on any and every other subject. Our representatives are bound by oath, not to pass any law abridging the right of petition, but if this resolution is constitutional, they may order every petition to be delivered to their door-keeper, and by him to be committed to the flames; for why preserve petitions on which no action can be had? Had the resolution been directed to petitions for an object palpably unconstitutional, it would still have been without excuse. The construction of the Constitution is a matter of opinion, and every citizen has a right to express that opinion in a petition, or otherwise.
But this usurpation is aggravated by the almost universal admission that Congress does possess the constitutional power to legislate on the subject of slavery in the District of Columbia and the Territories. No wonder that a distinguished statesman refused to sanction the right of the House to pass such a resolution by even voting against it[A]. The men who perpetrated this outrage had sworn to support the Constitution, and will they hereafter plead at the bar of their Maker, that they had kept their oath, because they had abridged the right of petition by a resolution, and not by law!
[Footnote A: Mr. J.Q. Adams, on his name being called, refused to vote, saying, "the resolution is in direct violation of the Constitution of the United States, and the privileges of the members of this House."]
This resolution not only violates the rights of the people, but it nullifies the privileges and obligations of their representatives. It is an undoubted right and duty of every member of Congress to propose any measure within the limits of the Constitution, which he believes is required by the interests of his constituents and the welfare of his country. Now mark the base surrender of this right--the wicked dereliction of this duty. All "resolutions and propositions" relating "in any way or to any extent whatever to the subject of slavery," shall be laid on the table, and "no further action whatever shall be had thereon." What a spectacle has been presented to the American people!--one hundred and seventeen members of Congress relinquishing their own rights, cancelling their own solemn obligations, forcibly depriving the other members of their legislative privileges, abolishing the freedom of debate, condemning the right of petition, and prohibiting present and future legislation on a most important and constitutional subject, by a rule of order!
In 1820, the New-York Legislature instructed the representatives from that state in Congress, to insist on making "the prohibition of slavery an indispensable condition of admission" of certain territories into the union. In 1828, the Legislature of Pennsylvania instructed the Pennsylvania members of Congress, to vote for the abolition of slavery in the district of Columbia. In vain hereafter shall a representative present the instructions of his constituents, or the injunctions of a sovereign state. No question shall be taken, or any motion he may offer, in any way, or to any extent, relating to slavery!
Search the annals of legislation, and you will find no precedent for such a profligate act of tyranny, exercised by a majority over their fellow legislators, nor for such an impudent contempt of the rights of the people.
But this resolution is no less barbarous than it is profligate and impudent. Remember, fellow countrymen! that the decree has gone forth, that there shall be no legislation by Congress, in any way, or to any extent whatever, on the subject of slavery. Now call to mind, that Congress is the local and only legislature of the District of Columbia, which is placed by the Constitution under its "exclusive jurisdiction in all cases whatsoever." In this District, there are thousands of human beings divested of the rights of humanity, and subjected to a negotiable despotism; and Congress is the only power that can extend the shield of law to protect them from cruelty and abuse; and that shield, it is now resolved, shall not be extended in any way, or to any extent! But this is not all. The District has become the great slave-market of North America, and the port of Alexandria is the Guinea of our proud republic, whence "cargoes of despair" are continually departing[A].
[Footnote A: One dealer, John Armfield, advertises in the National Intelligencer of the 10th of February last, that he has three vessels in the trade, and they will leave the port of Alexandria on the first and fifteenth of each month.]
In the city which bears the name of the Father of his country, dealers in human flesh receive licenses for the vile traffic, at four hundred dollars each per annum; and the gazettes of the Capital have their columns polluted with the advertisements of these men, offering cash for children and youth, who, torn from their parents and families, are to wear out their existence on the plantations of the south.[A] For the safe keeping of these children and youth, till they are shipped for the Mississippi, private pens and prisons are provided, and the UNITED STATES' JAIL used when required. The laws of the District in relation to slaves and free negroes are of the most abominable and iniquitous character. Any free citizen with a dark skin, may be arrested on pretence of being a fugitive slave, and committed to the UNITED STATES' PRISON, and unless within a certain number of days he proves his freedom, while immured within its walls, he is, under authority of Congress, sold as a slave for life. Do you ask why? Let the blood mantle in your cheeks, while we give you the answer of the LAW--"to pay his jail fees!!"
[Footnote A: Twelve hundred negroes are thus advertised for in the National Intelligencer of the 28th of March last. The negroes wanted are generally from the age of ten or twelve years to twenty-five, and of both sexes.]
On the 11th of January, 1827, the Committee for the District of Columbia, (themselves slaveholders) introduced a bill providing that the jail fees should hereafter be a county charge. The bill did not pass; and by the late resolution, a statute unparalleled for injustice and atrocity by any mandate of European despotism, is to be like the law of the Medes and Persians, that altereth not, since no proposition for its repeal or modification can be entertained.
The Grand Jury of Alexandria presented the slave trade of that place, as "disgraceful to our character as citizens of a free government," and as "a grievance demanding legislative redress;" that is, the interposition of Congress--but one hundred and seventeen men have decided that there shall be "no action whatever" by Congress in relation to slavery.
In March, 1816, John Randolph submitted the following resolution to the House of Representatives: "Resolved, That a Committee be appointed to inquire into the existence of an inhuman and illegal traffic of slaves, carried on in and through the District of Columbia, and to report whether any, and what measures are necessary for putting a stop to the same." The COMPACT had not then been formed and the resolution was adopted. Such a resolution would now "be laid on the table," and treated with silent contempt.
In 1828, eleven hundred inhabitants of the District presented a petition to Congress, complaining of the "DOMESTIC SLAVE-TRADE" as a grievance disgraceful in its character, and "even more demoralizing its influence" than the foreign traffic. The petition concluded as follows: "The people of this District have within themselves no means of legislative redress, and we therefore appeal to your Honorable body as the only one vested by the American Constitution with power to relieve us." No more shall such appeals be made to the national council. What matters it, that the people of the District are annoyed by the human shambles opened among them? What matters it, that Congress is "the only body vested by the American Constitution with power to relieve" them? The compact requires that no action shall be had on any petition relating to slavery.
The horse or the ox may be protected in the District, by act of Congress, from the cruelty of its owner; but MAN, created in the image of God, shall, if his complexion be dark, be abandoned to every outrage. The negro may be bound alive to the stake in front of the Capitol, as well as in the streets of St. Louis--his shrieks may resound through the representative hall--and the stench of his burning body may enter the nostrils of the law-givers--but no vote may rebuke the abomination--no law forbid its repetition.