SPEECH
OF
MR. CUSHING, OF MASSACHUSETTS,

ON THE
RIGHT OF PETITION,
AS CONNECTED WITH PETITIONS FOR THE
ABOLITION OF SLAVERY AND THE SLAVE TRADE
IN THE
DISTRICT OF COLUMBIA:
IN THE HOUSE OF REPRESENTATIVES, JANUARY 25, 1836.

WASHINGTON:
PRINTED BY GALES AND BEATON,
1836.

SPEECH.

Mr. Cushing said: I hold in my hand several Petitions on the subject of the slave interest in the District of Columbia. One of them, I now present to the House. Upon it, I make the preliminary motion, understood to be necessary in such cases, that it be received; and, in reference to this question, I have some few remarks to submit to the consideration of the House.

This Petition prays for the abolition of slavery, and the slave trade, in this District. It is respectful in its terms, being free from the offensive expressions and reflections contained in some of the Petitions on the same subject, heretofore presented; it is signed by inhabitants of Haverhill, in the State of Massachusetts; and among the subscribers are the names of citizens of that State whom I personally know, whom I avouch to be highly respectable, and who, whether mistaken or not in their views, are assuredly actuated by conscientious motives of civil and religious principle. They are constituents of mine; they have transmitted to me the Petition, desiring me, as their Representative, to present it; and, under these circumstances, much as I have deprecated such a commission, and reluctant as I am to be instrumental in the introduction of any matter of excitement upon this floor, I cannot permit myself to hesitate in the discharge of this painful duty, believing, as I do, that it is the constitutional right of every American, be he high or be he low; be he fanatic or be he philosopher, to come here with his grievances, and to be heard upon his petition by this House.

These petitioners look to me to obtain them a hearing in this place; they have a right to require this office of me; they have, in my judgment a right to be heard; and so long as I have the honor to hold a seat in this House, no constituent of mine, however humble his condition or unwelcome his prayer, shall see his petition thrust back in his face unheard while the gift of reason or speech remains to me; for if it cannot be received and considered in the usual forms of legislation, it shall be heard through the lips of his Representative. Nor will I undertake to scan over-captiously, either the object of his petition, or the language in which it is couched; nor will I stop to inquire how far the petitioners and I myself entertain the same opinions of the general subject-matter. And there are particular inducements, which impel me to make a stand at the present moment upon this Petition.

I declare and protest in advance, that I do not intend, at this time at least; to be drawn or driven into the question of slavery, in either of its subdivisions or forms. At home, I am known to be of those, who long ago foresaw and early withstood the coming of this anti-slavery agitation. Of the many occasions when I have actively interposed in this behalf, I hope to be pardoned for distinctly citing one, as vesting in me some title to be candidly heard by the House. I allude to a published Address upon the slave question, in which I deliberately asserted the constitutional rights of the South in this matter. It shall be my aim, on this occasion to do and say nothing inconsistent with myself, with the letter of the Constitution, or with the spirit of the various compromises of interest and opinion incorporated into the union of these States.

The members of this House have been frequently called, during the present session, to vote upon divisions connected with petitions of this nature. On those occasions I have been content to pronounce my vote simply, and without explanation, leaving my reasons and motives to be construed or misconstrued by others, as chance might order. To have continued so to do, until the subject of present controversy were finally disposed of, is the part I should altogether have chosen, had circumstances permitted to me such a course. But, if I have been a silent, I have not been an incurious, nor, I trust, an uninstructed, spectator of events. It is rendered apparent that those great matters, which occupy the public mind abroad, do now occupy also this House. If other gentlemen, differing with me in part or in whole, had voted without discussion, according to the dictates of their individual judgment, each of us could fairly have stood upon his personal convictions, and his personal estimation elsewhere, for his justification in the eyes of his countrymen. But that, much as it were in my view to be desired, is no longer possible. What has happened here is enrolled already in the unchangeable records of time and of eternity. It is become history. It cannot be recalled; it cannot be blotted from the memory; it cannot be expunged from the annals of the country. The winged words uttered in this House have gone forth to the world, on their mission of good or of evil. Debate we have; debate we must have; we are goaded into debate; it is forced upon us; and from a quarter of the Union whence, I am frank to say, I did not look for it to come; and forced upon us in terms of dictation, which I cannot brook; since they leave to me no alternative of escape from debate, but in the passive surrender of some of the dearest of our birthrights, those of free petition, free speech, and free conscience. I say, of free speech and free conscience, both which are involved in the resolutions moved some time since by a gentleman from Maine, (Mr. JARVIS.) When these resolutions shall be distinctly before the House, it will become its members to reflect whether they have the constitutional right to attempt, or attempting, have the power to enforce, what those resolutions seem to contemplate, a perpetual prohibition of debate, and even of motions, upon a large and comprehensive class of subjects. These rights, neither my constituents nor myself feel disposed to surrender; and upon one of these great liberties of the land, and for the sake of incidentally vindicating the others, I shall, in due time, address the House at length.

My only object at this time, is to come to a fair understanding with the House as to the cause to be pursued in the debate, and the disposition it will make of these Petitions.

At a very early period of the session, a gentleman from South Carolina (Mr. HAMMOND) met such petitions with the motion that they be not received. All the debates, which ensued thereon, terminated in evasive and unsatisfactory votes for laying on the table, which left every question of principle unsettled.

Afterwards, on a similar objection to reception being made by a gentleman from Georgia, (Mr. GLASCOCK,) my colleague (Mr. ADAMS) appealed from a ruling of the Speaker on an incidental point of order; which appeal, and the matters connected with it, have been put off, day after day, and week after week, and still remain suspended for some future time of consideration.

Then came a set of resolutions applicable to a part of the prayer of these petitions, moved by a gentleman from Maine, (Mr. JARVIS,) under which there is a debate in progress, on an amendment moved by a gentleman from Virginia, (Mr. WISE,) to the effect that Congress have no power granted by the constitution to legislate on the subject of slavery in this District.

Finally, on the last occasion when petitions of this kind were presented, the question of reception being raised, that question was, by vote of the House, laid on the table; as happened this morning in the case of those petitions presented by my colleague (Mr. ADAMS;) the operation of which is, practically, to refuse to receive the petitions.

Now, I am wholly dissatisfied with this course of proceeding, and I cannot submit to it in regard to the Petitions, which