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. by Caleb Cushing
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page 14 of 26 (53%)
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to be recorded; and so far as you find a government to exist, you
find the right to petition that government existing also as an undeniable franchise and birthright of the humblest in the land. The Normans came over, lance in hand, burning and trampling down every thing before them, and cutting off the Saxon dynasty and the Saxon nobles at the edge of the sword; but the right of petition remained untouched. In all succeeding times, from the day when the barons at Runnymede pledged themselves to deny to no man redress of his grievances, through every vicissitude of revolution and of war, down to the day when our forefathers abandoned their native country, the same right of petition continued without challenge. In the next reign, it is true, that of the misguided Charles I, the king invaded the public liberties; and he expiated the wrong, as he merited, by a felon's death. After the Commonwealth had passed away, came the petition of right, and with it the statute of the 13 Charles II, distinctly recognising the old right of petition, and regulating the mode of its exercise; and again, after the dethronement and exile of James II, the Bill of Rights and the statute of I William and Mary, again recognising and regulating the right of petition as it has been exercised at all times throughout Great Britain. Now, I ask gentlemen to point me, in all or any of the periods under review, to the precedents of a refusal by Parliament to receive petitions. I invite them to turn over the histories of parliamentary proceeding, and cite me the examples of petitions being thrust out of the House of Commons or of Lords, at the instant of presentation, on the ground that the prayer of the petition ought not to be granted. Will they do it? Can they do it? Is it not perfectly notorious, on the contrary, that every subject is freely admitted to be heard in his petition, provided it be respectful in terms, even |
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