It was first in the session of 1833-34, that petitions for the abolition of slavery in the District from others than Quakers, presumably from the members of the new anti-slavery societies, appeared in both Houses of Congress. Those presented in the Senate were referred to the committee of the Senate for the District, and nothing more was heard of them. Those presented in the House of Representatives were dealt with in the same manner.
It was not until the session of 1834-35, that the first real note of the conflict was sounded. On January 26th, 1835, Mr. Dickson, of New York, presented several petitions praying for the abolition of the slave-trade and of slavery in the District. They were laid over until February 2nd, when Mr. Dickson called them up, made a rather irritating speech, in which he said that the committee on the District had smothered all such petitions referred to it, and moved the reference of those offered by him to a select committee.
Mr. Chinn, of Virginia, the chairman of the regular committee on the District, resented Mr. Dickson's rude assault, and moved to lay the petitions and Mr. Dickson's motion on the table. The House voted Mr. Chinn's motion by a large majority.
| Beginning of the conflict over the Abolition petitions. |
At length, in the session of 1835-36, the storm broke in all its fury, in both the Senate and the House. It began in the House, December 16th, 1835, upon the presentation of a petition, containing the usual prayer in regard to slavery in the District, by Mr. Fairfield, of Maine. Mr. Cramer, of New York, moved to lay the petition on the table, and the motion was voted. Mr. Fairfield immediately presented another petition of like purport, and himself moved that it be laid upon the table. Mr. Boon, of Indiana, asked that the petition be read, which was done. Thereupon Mr. Slade, of Vermont, moved that it be printed. This meant, of course, that Mr. Slade was determined to have the slavery question agitated in Congress, if he could. Upon him rather than upon Mr. Adams rests the honor, or the blame, whichever it may be, of provoking the excitement over the Abolition petitions, and of upholding the right of petition in the most extreme degree.
The House first voted to lay the petition on the table. The Speaker, Mr. James K. Polk, then put Mr. Slade's motion to print. Whereupon Mr. Slade attempted to debate the whole question of slavery in the District under the motion. The Speaker ruled that the contents of the petition could not be debated under the motion to print. Mr. Vanderpoel, of New York, then moved to lay Mr. Slade's motion on the table, and the House voted to do so by a large majority.
| Mr. Hammond's motion involving the denial of the right of petition. |
Two days later the play was on again. Mr. Jackson, of Massachusetts, presented a petition from sundry citizens of Massachusetts, containing the usual prayer, and moved its reference to a select committee. Whereupon Mr. Hammond, South Carolina, moved that the petition should not be received. This was the ultra-Southern position in regard to the anti-slavery petitions, and Mr. Hammond's enunciation of it in the House antedates Mr. Calhoun's in the Senate by more than a fortnight.
The Constitution guarantees the right of the people to assemble peaceably and petition the Government for redress of grievances. The right to petition certainly includes the right to have the petitions heard by the body petitioned. If the body refuses to receive the petition, it prevents its being heard, and by preventing its being heard it makes the right itself a mockery. On the other hand, the Constitution vests in each House of Congress the power to make its own rules of procedure. This power must, of course, be so used as not to violate any other clause of the Constitution. Under this power, however, each House may and should protect itself against all obstacles thrown by outsiders in the way of the discharge of its duties in legislating for the country. If any number of people undertake, by an abuse of the right of petition, to obstruct the legitimate work of the Congress for the whole people, each House certainly has the right to meet this attempt in any way which will not deny the right of petition, the right of any one or any number of the people to be heard in asking for a redress of grievances.