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Caleb Cushing

It is impossible, in my mind, to distinguish between the refusal to receive a petition, or its summary rejection by some general order, and the denial of the right of petition.

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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.

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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.

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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.

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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.

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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.

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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.

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When we fled from the oppressions of kings and parliaments in Europe, to found this great Republic in America, we brought with us the laws and the liberties, which formed a part of our heritage as Britons.

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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.

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Sir, allusion has been made, in an early stage of this debate, to the history of the excitement which once pervaded a considerable part of the country, in reference to the transportation of the mails on the Lord's day.

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