The proceedings of this House in 1790, in reference to petitions on the matter of the slave trade, and of slavery in the States, have been cited. It has been said that those petitions were not received.
Sentiment: NEGATIVE
I maintain that the House is bound by the Constitution to receive the petitions; after which, it will take such method of deciding upon them as reason and principle shall dictate.
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 of the subject out of doors, by refusing to receive petitions.
Upon the Constitution, upon the pre-existing legal rights of the People, as understood in this country and in England, I have argued that this House is bound to revive the Petition under debate.
Jim, I'm not aware of any formal requests from the Senate Judiciary Committee for these kinds of documents.
When the Supreme Court moved to Washington in 1800, it was provided with no books, which probably accounts for the high quality of early opinions.
You should see what our Founding Fathers used to say to each other and in the early part of our nation. But what they were able to do, especially in Philadelphia in 1787, four months, they argued about what a House should be, what a Senate should be, the power of the president, the Congress, the Supreme Court. And they had to deal with slavery.
You well know, sir, that when the Constitution was submitted to the People of the respective States for their adoption or rejection, it awakened the warmest debates of the several State conventions.
And if this House is to be scared, by whatever influences, from its duty, to receive and hear the petitions of the People, then I shall send my voice beyond the walls of this Capitol for redress.
The right of petition, I have said, was not conferred on the People by the Constitution, but was a pre-existing right, reserved by the People out of the grants of power made to Congress.
It was one of the compromises of the Constitution that the slave property in the Southern States should be recognized as property throughout the United States.