The Anti-Slavery Examiner, Omnibus

by American Anti-Slavery Society

For more than twenty years, petitions have been presented to Congress, for the abolition of slavery in the District of Columbia. The right to present them, and the power of Congress to grant their prayer, were, until recently, unquestioned. But the rapid multiplication of these petitions alarmed the slaveholders, and, knowing that they tended to keep alive at the North, an interest in the slave, they deemed it good policy to discourage and, if possible, suppress all such applications. Hence Mr. Pinckney's famous resolution, in 1836, declaring, "that all petitions, or papers, relating in any way, or to any extent whatever to the subject of slavery, shall, without being printed or referred, be laid on the table; and no further action, whatever shall be had thereon!"

The peculiar atrocity of this resolution was, that it not merely trampled upon the rights of the petitioners, but took from each member of the House his undoubted privilege, as a legislator of the District, to introduce any proposition he might think proper, for the protection of the slaves. In every Slave State there are laws affording, at least, some nominal protection to these unhappy beings; but, according to this resolution, slaves might be flayed alive in the streets of Washington, and no representative of the people could offer even a resolution for inquiry. And this vile outrage upon constitutional liberty was avowedly perpetrated "to repress agitation, to allay excitement, and re-establish harmony and tranquillity among the various sections of the Union!!"

But this strange opiate did not produce the stupefying effects anticipated from it. In 1836, the petitioners were only 37,000—the next session they numbered 110,000. Mr. Hawes, of Ky., now essayed to restore tranquillity, by gagging the uneasy multitude; but, alas! at the next Congress, more than 300,000 petitioners carried new terror to the hearts of the slaveholders. The next anodyne was prescribed by Mr. Patton, of Va., but its effect was to rouse from their stupor some of the Northern Legislatures, and to induce them to denounce his remedy as "a usurpation of power, a violation of the Constitution, subversive of the fundamental principles of the government, and at war with the prerogatives of the people."[[105]] It was now supposed that the people most be drugged by a northern man, and Atherton was found a fit instrument for this vile purpose; but the dose proved only the more nauseous and exciting from the foul hands by which it was administered.

[Footnote [105]: Resolutions of Massachusetts and Connecticut, April and May, 1838.]

In these various outrages, although all action on the petitions was prohibited, the papers themselves were received and laid on the table, and therefore it was contended, that the right of petition had been preserved inviolate. But the slaveholders, maddened by the failure of all their devices, and fearing the influence which the mere sight of thousands and tens of thousands of petitions in behalf of liberty, would exert, and, taking advantage of the approaching presidential election to operate upon the selfishness of some northern members, have succeeded in crushing the right of petition itself.

That you may be the more sensible, fellow citizens, of the exceeding profligacy of the late RULE and of its palpable violation of both the spirit and the letter of the Constitution, which those who voted for it had sworn to support, suffer us to recall to your recollection a few historical facts.

The framers of the Federal Constitution supposed the right of petition too firmly established in the habits and affections of the people, to need a constitutional guarantee. Their omission to notice it, roused the jealousy of some of the State conventions, called to pass upon the constitution. The Virginia convention proposed, as an amendment, "that every freeman has a right to petition, or apply to the Legislature, for a redress of grievances." And this amendment, with others, was ordered to be forwarded to the different States, for their consideration. The Conventions of North Carolina, New York, and Rhode Island, were held subsequently, and, of course, had before them the Virginia amendment. The North Carolina Convention adopted a declaration of rights, embracing the very words of the proposed amendment; and this declaration was ordered to be submitted to Congress, before that State would enter the Union. The Conventions of New York and of Rhode Island incorporated in their certificates of ratification, the assertion that "Every person has a right to petition or apply to the legislature for a redress of grievances"—using the Virginia phraseology, merely substituting the word person for freeman, thus claiming the right of petition even for slaves; while Virginia and North Carolina confined it to freemen.

The first Congress, assembled under the Constitution, gave effect to the wishes thus emphatically expressed, by proposing, as an amendment, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of the press, or the right of the people peaceably to assemble, and to petition Government for a redress of grievances." This amendment was duly ratified by the States, and when members of Congress swear to support the Constitution of the United States, they are as much bound by their oath to refrain from abridging the right of petition, as they are to fulfil any other constitutional obligation. And will the slaveholders and their abettors, dare to maintain that they have not foresworn themselves, because they have abridged the right of the people to petition for a redress of grievances, by a RULE of the House, and not by a law? If so, they may by a RULE require every member, on taking his seat, to subscribe the creed of a particular church, and then call their Maker to witness that they are guiltless of making a law "respecting an establishment of religion, or prohibiting the free exercise thereof."

The right to petition is one thing, and the disposition of a petition after it is received, is another. But the new rule makes no disposition of the petitions; it PROHIBITS THEIR RECEPTION; they may not be brought into the legislative chamber. Hundreds of thousands of the people are debarred all access to their representatives, for the purpose of offering them a prayer.

It is said that the manifold abominations perpetrated in the District are no grievances to the petitioners, and therefore they have no right to ask for their removal. But the right guaranteed by the Constitution, is a right to ask for the redress of grievances, whether personal, social, or moral. And who, except a slaveholder, will dare to contend that it is no grievance that our agents, our representatives, our servants, in our name and by our authority, enact laws erecting and licensing markets in the Capital of the Republic, for the sale of human beings, and converting free men into slaves, for no other crime, than that of being too poor to pay United States' officers the JAIL FEES accruing from an iniquitous imprisonment?