The Project Gutenberg EBook of 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

This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever.  You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.net


Title: 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.

Author: Caleb Cushing

Release Date: November 9, 2004 [EBook #13986]

Language: English

Character set encoding: ASCII

*** START OF THIS PROJECT GUTENBERG EBOOK SPEECH OF MR. CUSHING ***




Produced by Curtis Weyant, Andrea Ball and the Online Distributed
Proofreading Team.







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 I am charged
to present. I hold that the question of reception, as it is in fact
and of necessity the first in order of time, so is it the first in
order of principle. It must not be pushed aside to make place for
the discussion of speculative resolutions, or for debate, on the
merits of the question raised by the prayer of these petitions. 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. It should first lend an
attentive and respectful ear to the prayer of the People. Whether it
can or will grant that prayer, is an after consideration. I have
already kept back for several weeks the petitions committed to me,
in order to shape my course according to the deliberate decision of
the House; but that decision does not come; it is continually
procrastinated for the sake of considering questions, which, in my
view, are secondary in time and in principle to the question of
reception; and I can no longer consent that these my constituents
shall be held waiting, as it were, at the doors of the Capitol for
admission, when, as I read the Constitution, they have a right to
demand immediate entrance, and to be respectfully received by their
assembled representatives.

I tender to the House, therefore, an alternative. I place this
Petition at their disposal. If they choose to fix absolutely on a
time certain for considering and deciding the question of reception,
so that this shall take precedence of the other debate, they will
then have this day, as usual, for its appropriate business of the
general presentation of petitions. But if they decide, as
heretofore, to lay the question of reception on the table, then I
shall feel myself constrained to take the floor upon another of
these Petitions, and to keep it, as under the late decision of the
House I have a right to do, until I have fully debated the whole
subject-matter. If the effect of this shall be to exclude all other
petitions for the day, I cannot help it. Be the responsibility on
their heads who raise this novel and extraordinary question of
reception, going to the unconstitutional abridgment, as I conceive,
of the great right of petition inherent in the People of the United
States.

[The question, Shall this petition be received? was then, at the
motion of a gentleman from South Carolina, (Mr. HAMMOND) laid on the
table; when Mr. CUSHING resumed the floor and said:]

I now present to the House a Petition signed by inhabitants of
Amesbury, in the State of Massachusetts, among the subscribers to
which are persons whom I know and avouch to be citizens of the
United States. They pray for the abolition of slavery and the slave
trade in the District of Columbia, and in the Territories under the
jurisdiction of the United States. I make the preliminary motion
that it be received; and, upon that motion, I proceed to express my
views to the House.

Steering clear of all the inflammable matter intruded into these
debates, gauging myself to the standard of the most absolute
moderation, and resolutely tying down my thoughts to the real point
in issue, what I propose to examine is the single naked question of
the constitutional right of petition, as involved in the disposition
of these petitions.

Looking into the Constitution I find, among the amendments proposed
by the Congress of 1789, and the very first of the number, the
following article:

"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof, or abridging the freedom
of speech or of the press; or _the right of the People_ peaceably to
assemble and _to petition the Government for a redress of
grievances_."

Long before I had imagined that such a right would ever be called in
question, I remember to have read the remark of a distinguished
jurist and magistrate of the State of Virginia, (Tucker's Notes on
Blackstone,) complaining that the concluding words of the clause I
have cited from the Constitution did not so strongly guard the great
right of petition, as the liberties of the People demanded. On the
other hand, a still more distinguished jurist and magistrate, of my
own State, (Story's Commentaries,) in remarking upon the same
article, expresses the opinion that it is ample in terms; because,
he adds, "It (the right of petition) results from the very nature of
the structure and institutions of a republican government; it is
impossible that it should be practically denied until the spirit of
liberty had wholly disappeared, and the People had become so servile
and debased as to be unfit to exercise any of the privileges of
freemen." These eminent constitutional lawyers agreed in opinion of
the importance of the provision; they differed only in thinking, the
one, that the right of petition could not be too clearly defined;
the other, that whether defectively defined or not in the letter,
the People would take care that it should in spirit be faithfully
observed. While the first entertained a wise jealousy of the
encroachments of the People's representatives, the other looked for
the protection of the public rights to the People themselves, the
masters of the People's representatives. And as the fears of the
former have been verified too speedily, I trust that the hopes of
the latter will be not less truly realized.

There are some things in the context and phraseology of this article
of the Constitution, which may deserve attention. It speaks of
"_grievances_" in the general; not "_their_ grievances," the
_personal_ grievances of the individuals petitioning, but anything,
public or personal, which they deem to be a grievance. It is the
same article, which allows to us the free exercise of our religion,
and the liberty of speech and of the press. With these primary and
fundamental rights of a free people, it associates the right of
petition. But there is this peculiarity in the language of this
clause of the Constitution. The words applicable to our subject are,
"Congress shall make no law abridging the right of the People to
petition the Government for a redress of grievances." The right of
petition, therefore, is not a privilege conferred by the
Constitution. It is recognised as a pre-existing right, already
possessed by the People, which they still reserve to themselves, and
which Congress shall not so much as touch with the weight of a
finger. The People, in their constitution, say to Congress,--We
place in your hands our right and power of collecting a revenue to
provide for the common defence and general welfare of the Union; our
right and power to regulate commerce, to coin money, to declare war,
and to raise and support armies and navies for its prosecution. Upon
these and other subjects you may exercise the discretion, which we
repose in you by virtue of our constitution. But this you shall not
do:--you shall not, until after the expiration of twenty years,
prohibit the migration or importation of such persons as we think
proper to admit; you shall not pass any bill of attainder; you shall
not lay any tax or duty on exports; and you shall make no law
prohibiting the free exercise of religion, or abridging the freedom
of speech or of the press; or the right of the People peaceably to
assemble and petition the government for a redress of grievances.
These our great natural rights we keep to ourselves; we will not
have them tampered with; respecting them we give to you no
commission whatsoever. And rights which Congress itself, the entire
Legislature, consisting of the President, the Senate, and the House,
acting in their combined functions in the enactment of a law, is
forbidden to abridge,--can this House alone undertake, by a mere
resolution or vote, practically to deny, abolish, and destroy? Sir,
if we can successfully do it, I have greatly misconceived the
democratic ancestry, the democratic principles, and the democratic
energy of the People, whom we are appointed to serve in this House.

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. To understand
its nature and extent we must, therefore, look beyond and behind the
Constitution, into the anterior political history of the country.

And, in the first place, I beg of the House, and especially of the
gentlemen who so ably represent Virginia on this floor, to remember
how this article found its way into the Constitution.

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. Some
of them, in accepting the proposed plan of government, coupled their
acceptance with a recommendation of various additions to the
Constitution, which they deemed essential to the preservation of the
rights of the States, or of the People. The Commonwealth of
Massachusetts insisted, among other things, on the adoption of that
memorable amendment, to the effect, "that it be explicitly declared
that all powers not expressly delegated by the aforesaid
constitution, are reserved to the several States to be by them
exercised." Having attained this object, and thus clearly
ascertained what powers it was that she parted with to the Federal
Government, she felt less anxious in regard to some things which in
other States, were deemed important. Especially, she did not, for
herself demand the insertion of those general clauses of political
doctrine popularly called, at that time, after the celebrated
English bill of rights, and known in some modern European
constitutions by the name of _guaranties_. She was less tenacious on
this point, inasmuch as her own Constitution was very full in this
respect. It contained two clauses material to the present question,
in the following words:

"All power residing originally in the People, and being derived from
them, the several magistrates and officers of government, vested
with authority, whether legislative, executive, or judicial, are
their substitutes and agents."

"The People have a right, in an orderly and peaceable manner, to
assemble to consult upon the common good; give instructions to their
representatives; and to request of the legislative body, by the way
of address, petition, or remonstrance, redress of the wrongs done
them, and of the grievances they suffer."

These clauses being in her own Constitution, I say, and it being
understood by her that all powers not granted to the United States
were reserved to the States, she felt that she was safe in agreeing
to the fundamental compact of the Union.

The People and the Commonwealth, of Virginia reasoned differently
from this; and I will not stop to argue whether they did or did not
reason more wisely than Massachusetts. They said, We choose to leave
nothing doubtful which language can render certain, in a matter of
so much moment. We are laying the foundations of a government, which
we hope may outlast the Pyramids. We know, from old experience, that
the depositaries of the popular power are ingenious in the finding
of glosses and interpretations to abstract from the popular rights.
Let us see to it that this constitution contain such express
recognitions of the rights of the People as it shall be impossible
to misunderstand. We will write, upon its very front the great
doctrines of liberty in characters of light, which, like the burning
letters in the banqueting-hall of Belshazzar, may blast the
eye-balls of whomever shall meditate treason to the democratic
rights we have conquered with our blood and our fortunes.
Accordingly, the convention of Virginia proposed, to amend the
Constitution by inserting therein the following, among other
clauses:

"That all power is naturally vested in, and consequently derived
from, the People; that magistrates, therefore, are their trustees
and agents, and at all times amenable to them."

"That the People have a right peaceably to assemble together to
consult for the common good, or to instruct their representatives;
and that every freeman has a right to petition the Legislature for
redress of grievances."

New York, North Carolina, and Rhode Island proposed, either
literally or in substance, the same provision; and the consequence
was, the addition to the constitution of the article, which I am now
discussing, on the right of conscience, speech, and petition. And,
such being the history of this clause, I look to the gentlemen from
Virginia especially, constant and honorable as they are in their
attachment to constitutional principles at whatever hazard, to go
with me in maintaining inviolate this great original right of the
People.

But we shall not fully appreciate the force and value of this
provision, if we stop at this point of the investigation. The right
of petition is an old undoubted household right of the blood of
England, which runs in our veins. 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. We brought with us the idea and
the form of our legislative assemblies, composed of elected
representatives of the people; we brought with us the right of
petition, as the necessary incident of such institutions. For when,
in the whole history of our father-land, has the right of petition
ever undergone debate and question? Go back to the old parliamentary
rolls, coeval with Magna Charta; peruse the black-letter volumes in
which the early laws and practices of the English monarchy are seen
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
although he pray expressly for a downright revolution in the
government, as did the thousands of petitioners who thus carried
through, in our own time, the great measure of parliamentary reform?
And shall the People in republican America, with its written
constitution for the protection of the public rights, and by a body
of strictly limited powers,--shall the People here be forbidden to
do that which they may freely do in the monarchy of England, having
no guaranties for the public liberty except laws and prescriptive
usages, all of them confessedly at the will of an omnipotent
Parliament? Forbid it, reason! Forbid it, justice! Forbid it,
liberty! Forbid it the beatified spirits of the revolutionary sages,
who watch in heaven over the destinies of the Republic!

Aye, but, say gentlemen, if such things are not done by the
representatives of the People in monarchical England, they have been
done by their representatives in democratic America. We are told of
precedents at home. What are those precedents?

To begin, I throw aside, as wholly inapplicable to the question, or
at least as evasive of it, the case of petitions refused on account
of disrespectful language towards the persons or the body
petitioned. Those constitute a standing exception, independent of
the merits of the subject.

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.
That is a mistake, as any gentleman may satisfy himself by
recurrence to the journals of the House. The petitions were
received, committed, and debated on report, as I shall have occasion
hereafter to state at length.

One other case is cited, that of the petition of Vicente Pazos,
agent of New Granada, which, in the year 1818, the House refused to
receive. But the printed debates of that day show clearly the ground
of rejection. Mr. Forsyth moved that it be not received. "He stated
that, as the petitioner was the agent of a foreign power, and
applied to Congress as an appellate power over the Executive, he
thought it improper that he should be thus heard." And the question
was decided upon this single point. I heartily approve the remarks
then made by a distinguished statesman, now no more, who at that
time represented Massachusetts on this floor.

Mr. Mills, of Massachusetts, said that "the right of petition was a
sacred one, and belonged equally to the meanest and the greatest
citizen in the nation; and if such a petition as this, implicating
the conduct of the Executive, had been presented from the meanest
citizen, he would receive it; and if it complained of grievances
without pointing out redress, it would be the duty of the House to
give the proper redness; but it was to our own citizens only he
would turn this listening ear. What right had a foreign subject to
petition this House?"

Sir, I have incidentally touched upon the argument of precedents,
and shown how untenable it is; but I care not if there were a
thousand precedents of refusal to receive petitions. Such a fact, if
it existed, would not abate my zeal on this point, or shift, in the
minutest degree, my position. 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. 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. I have no such microscopic eye as to enable me to
discern the point of difference between the two things. This
procedure may be keeping the word to the ear, but it is breaking it
to the sense: and I go upon general, abstract, original, fundamental
principle, the great principle of democratic liberty, which is the
foundation stone of this Republic. It is for the sacred and
inalienable rights of the People that I here contend. I should
regard the exclusion of petitions from the consideration of the
House as a highhanded invasion of the imprescriptible rights of the
Constituency of the country, of whom we are the representatives, not
the dictators; and it is for that reason I take my stand against it
on the very threshold.

Sir, I am a republican; and I desire to see this House observe the
principles of that democracy which is ever on the lips of its
members, and which, I hope, is in their hearts, as I know and feel
it is in mine, and mean it shall be in my conduct. This Republic was
called into being, organized, and is upheld, by a great political
doctrine. That doctrine is, that the People alone are supreme; that
they are the fountains of power; that all magistrates are the
delegated agents of the People, for the purposes limited and
prescribed in their letters of appointment, and the general laws of
the land; that the constituents of a member of this House have the
right to give instructions to him individually; and that every
individual one of the People has a right to be heard by petition on
the floor of this House. These are among the things which I
understand to constitute the principles of democracy: those general
principles, which I learned in my boyhood with my catechism, in the
bill of rights prefixed to the constitution of my own State; which,
on maturer study, I have seen to be avowed more or less distinctly,
in all the constitutions of this Republic, and of each of its
constituent Republics; which I perceive to be defended and applauded
in the writings of the great text authors of political science in
modern times; and which after being for the first time practically
exemplified in our own institutions, have gone forth over the
universe, toppling down thrones, and raising up freemen, through all
the nations of Christendom.

And whilst I feel impelled by such convictions to resist the summary
rejection of this Petition upon principle, I am irresistibly led to
the same conclusion by considerations of policy and expediency. I
deny that such considerations should decide the question; but seeing
they have been urged into it, I shall concede to them all due
respect.

We have been told that the prayer of the Petition is for a thing
which the Constitution does not permit to Congress, and so the
petition itself should not be received. I ask of the House how it
appears that we have no right by the Constitution to legislate upon
the subject matter of the Petition? It may be so; and it may not.
One member of the House has earnestly averred that it is; another
that it is not. Which of them is right? I confess, for myself, that
I cannot think it becomes the House to decide either way, upon the
mere _ipse dixit_ of individual members. Besides, the Petition calls
in question not only slavery, but also the _commerce in slaves_. And
will any gentleman affirm that the slave trade of the District is
among those holy things which Congress may not constitutionally
handle? Is this District set apart by the Constitution, under
whatever changes of opinion or fact the progress of civilization may
introduce, to be unchangeably and forever a general slave market for
the rest of the Union? I confess that I, again, am disappointed in
that, among all the confident things said in denial of the
constitutional powers of Congress in this matter, there has not
been, so far as I remember, any systematic argument on the perfectly
distinct branches of the double constitutional question involved in
it, namely, the slave property, and the slave traffic, of this
District. And what shall be said of our constitutional power in the
purchased Territories, under the jurisdiction of the United States,
to which some of these petitions apply? And what clause of the
Constitution restricts the right of Petition to constitutional
things? This House cannot grant beyond its powers; these are limited
by the Constitution; but the People may petition for any thing; for
the right of petition is, by the constitution, secured forever
against any and every limitation or restriction.

But then it is said that the subject-matter of the Petition does not
admit of debate; that the deliberate consideration of it, and the
decision of it in the ordinary course of business, would be fraught
with disastrous consequences to the peace of the South, and the
general tranquillity of the Union. Deeming this argument of more
weight than the other, I will give to it more careful attention;
especially as, on this point, gentlemen have appealed with great
force of language to the patriotic consideration of the North.

In the first place, I aver that I, and those with whom I have acted
or voted, did not seek debate on this subject. We felt anxious,
almost universally, to avoid it. The members from Massachusetts, at
least, have not invited, and, until it had been under discussion
among other gentlemen for a whole month, they scarcely participated
in, the agitation of the subject in this House. We sat here week
after Week, submitting, for the sake of public peace, to hear in
silence the harshest reflections upon our constituents; and
listening, with surprised curiosity, to the strangest legal and
political heresies, uttered as confidently as if they were gospel
truths communicated by divine inspiration. One of my colleagues (Mr.
ADAMS) did, indeed, beseech gentlemen not to provoke him to a
discussion of the subject; and thus it went on, untouched by us,
until another of my colleagues (Mr. HOAR) could no longer abstain
from the temperate defence of the Constitution and of his
fellow-citizens.

In the second place, I do devoutly believe that gentlemen misjudge,
if they suppose that agitation out of doors is to be arrested by the
quashing of these petitions on their very introduction to this
House. With my whole heart I accord in the view of the subject taken
some time since by an honorable gentleman from New York, (Mr. HUNT,)
and which I know is taken by one of the wisest and most trusted of
the statesmen of Virginia, now a member of the other branch of
Congress. 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. On the contrary, you give the
petitioners new force and efficiency, by giving them a new cause of
complaint and of excitement. Nor do you attain any thing, so far as
this House is concerned; for, by shutting out petitions, you do not
shut out debate; any member of the House can bring on debate any
day, by moving some general resolution applicable to the subject. On
the other hand, if it be so certain that Congress have no power in
this matter, or having power, ought not to exercise it, then let the
House establish those points in the usual way, by a deliberate
report, elaborated in the closet, by a committee of the ablest men
upon this floor, and considerately adopted by the House. The
argument by which this course is withstood, goes upon a false
assumption. It assumes for granted, that the People of the United
States are not to be reasoned with; that their opinions can be put
down by bold and broad assertions at this or the other end of the
Capitol; and that they are not to be trusted with the facts and law
of the case. Here, again, as I conceive, gentlemen forget that this
government is a republican one, resting exclusively in the
intelligence and virtue of the People. I, for one, am willing they
should look into any of the clauses of the Constitution, and be
fully informed of the merits of every question arising under it,
never doubting that, in the end, their decision upon it will be
just, true, and patriotic. Or is it that gentlemen are afraid to
meet a proper scrutiny of the subject? Do they shrink from a fair
and full examination of its merits or demerits?

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. It is undoubtedly a pregnant case, directly in
point. But I have another case, yet more cogent and pertinent.

Within less than one year after the adoption of the Constitution,
there came to Congress petitions, chiefly from New York,
Pennsylvania, Maryland, and Virginia, and especially from the
Society of Friends, praying Congress to suppress the slave trade,
and to interpose, in various ways, within the limits of the several
States, in the melioration of the condition of the colored
population of the South. I have examined the journals giving the
record of the proceedings in this House; I have looked into the
history of the times, to understand the grounds of the disposition
then made of those petitions. In the outset, I will observe, that
the debates on the subject present a remarkable parallel with what
has taken place under my own eyes in this House. Messrs. Jackson,
Baldwin, Tucker, Smith, and some other gentlemen from the South,
insisted, as we now hear it insisted, that the petitions should be
summarily rejected, without commitment. They alleged the same
reasons; such as unconstitutional object, and pernicious effects of
the discussion upon the interests of the slaveholding States. One
gentleman did, I believe, what I suppose would hardly be done at
this day, entering into an elaborate vindication of the
trans-Atlantic slave trade. But there was one most eminent and most
patriotic member of that House, a man as calm in judging as he was
deliberate in acting; who had himself been instrumental among the
first in laying the foundation of this Union; who since then has
successively filled the highest stations which the laws of his
country acknowledge; and who yet lives, in a venerable old age, to
receive the admiration of his countrymen, and to enjoy the rare
felicity of surviving, as it were, a witness of the honors bestowed
upon him by posterity. _Sero redeat in coelum._ Long may it be ere
he depart from among us, to take his place among the great and
glorious of other times. Sir, the House well anticipate that I have
in my eye JAMES MADISON the younger, who stood forth to pour upon
the troubled waves of that day the oil of peace and gladness. God
grant there may yet be found among his patriotic countryman, some
good and great man--a better and a greater there cannot be--now to
perform the self-same office for the Republic.

At that crisis, in the very greenness of the immature youth of the
Constitution, when it was least able to bear the shock of sectional
collision, Mr. Madison, Southerner as he was, steadily opposed his
friends from the South and successfully advocated the commitment of
the petitions. I submit to the House his speech, as I find it very
briefly reported in the newspapers of that day.

"Mr. Madison observed, that it was his opinion yesterday that the
best way to proceed in this business was to commit the memorial
without any debate on the subject. From what has taken place, he was
more convinced of the propriety of the idea. But, as the business
has engaged the attention of many members, he would offer a few
observations for the consideration of the House. He then entered
into a critical review of the circumstances respecting the adoption
of the constitution, the ideas upon the limitation of the power of
Congress to interfere in the regulation of the commerce in slaves,
and showing that they undoubted were not precluded from interposing
in their importation, and generally to regulate the mode in which
every species of business shall be transacted. He adverted to the
Western country, and the cession of Georgia, in which Congress have
certainly the power to regulate the subject of slavery, which shows
that gentlemen are mistaken in supposing that Congress cannot
constitutionally interfere in the business in any degree whatever.
He was in favor of committing the petitions, and justified the
measure by repeated precedents in the proceedings of the House."

I produce this speech, not for the purpose of adopting all its
views, for some of them I confess are new to me, and such as I have
not had time or means to investigate, but in order to show
conclusively what Mr. Madison deemed wise and proper to be done in a
contingency so precisely like the present. Accordingly, all the
petitions were committed to a select committee; that committee made
a report; the report was referred to a committee of the whole House,
and discussed on four successive days; it was then reported to the
House with amendments, and by the House ordered to be inscribed in
its journals, and then laid on the table.

That report, as amended in committee, is in the following words:
"The committee to whom were referred sundry memorials from the
people called Quakers; and also a memorial from the Pennsylvania
society for promoting the Abolition of slavery, submit the following
report, (as amended in committee of the whole.)

"First, That the migration or importation of such persons as any of
the States now existing shall think proper to admit, cannot be
prohibited by Congress prior to the year 1808."

"Secondly, That Congress have no power to interfere in the
emancipation of slaves, or in the treatment of them, within any of
the States: it remaining with the several States alone to provide
any regulation therein which humanity and true policy may require."

"Thirdly, That Congress have authority to restrain the citizens of
the United States from carrying on the African slave trade, for the
purpose of supplying foreigners with slaves, and of providing, by
proper regulations for the humane treatment, during their passage,
of slaves imported by the said citizens into the States admitting
such importations."

"Fourthly, That Congress have also authority to prohibit foreigners
from fitting out vessels in any part of the United States for
transporting persons from Africa to any foreign port."

Now, I entreat the House to call to mind the effect of these
proceedings. There was no insurrection, no servile war, no agitation
in the South. Congress calmly and considerately examined the whole
broad question, not of the slave trade only, but also of the slave
interest. It decided how far it could go, and how far it would go.
Its decision went forth to the world, and settled the questions
involved in it, as it were, forever. Nearly fifty years have since
elapsed, and I am not aware that the points then adjudged have at
any time since been drawn into debate or controversy. And I do
declare my solemn conviction, that if the House would now pursue the
same course, and dispassionately determine what it can or cannot do,
and make that determination known to the country in a respectful
way, the result would be precisely the same in this vexed question
of the District of Columbia.

Entertaining these opinions of the course to be pursued, I beg of
gentlemen to look at the question, as I have done, in a calm review
of facts and of principles. They deprecate all agitation unfriendly
to the peace and reciprocal good-will of the different sections of
the country. So do I, most heartily; and in my own humble sphere I
have earnestly exerted myself to this end. And I do, unwillingly but
decidedly, avow my conviction, derived from abundant personal
observation, that it is not by the summary suppression of petitions,
it is not by _Lynching_ this or any other petition, that
tranquillity is to be restored, and harmony assured, either in the
South or the North. And whilst I entreat of individual members of
the House to regard this question in calmness, and conclude it in
judgment, as they would any lesser question, I warn and adjure the
House itself, as a constituent branch of this government, to beware
lest, in deciding this general question of the right of petition, it
overleap the bounds prescribed to it by the Constitution.

Men of Virginia, countrymen of Washington, of Patrick Henry, of
Jefferson, and of Madison, will ye be true to your constitutional
faith? Men of New York, will ye ride over the principles of the
democracy ye profess? Men of the West, can ye prove recreant to the
spirit of sturdy independence, which carried you beyond the
mountains? Men of New England, I hold you to the doctrines of
liberty which ye inherit from your Puritan forefathers. 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. To the People I
say, Your liberties are in danger; they, whom you have chosen to be
your representatives, are untrue to their trust; come ye to the
rescue; for the vindication of your right of petition, to you I
appeal; to you, the People who sent us here, whose agents we are, to
whom we shall return to render a reckoning of our stewardship, and
who are the true and only sovereigns in this Republic.






End of the Project Gutenberg EBook of 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

*** END OF THIS PROJECT GUTENBERG EBOOK SPEECH OF MR. CUSHING ***

***** This file should be named 13986.txt or 13986.zip *****
This and all associated files of various formats will be found in:
        http://www.gutenberg.net/1/3/9/8/13986/

Produced by Curtis Weyant, Andrea Ball and the Online Distributed
Proofreading Team.


Updated editions will replace the previous one--the old editions
will be renamed.

Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties.  Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark.  Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission.  If you
do not charge anything for copies of this eBook, complying with the
rules is very easy.  You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research.  They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks.  Redistribution is
subject to the trademark license, especially commercial
redistribution.



*** START: FULL LICENSE ***

THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
http://gutenberg.net/license).


Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
electronic works

1.A.  By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement.  If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B.  "Project Gutenberg" is a registered trademark.  It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement.  There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement.  See
paragraph 1.C below.  There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works.  See paragraph 1.E below.

1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works.  Nearly all the individual works in the
collection are in the public domain in the United States.  If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed.  Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work.  You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.

1.D.  The copyright laws of the place where you are located also govern
what you can do with this work.  Copyright laws in most countries are in
a constant state of change.  If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work.  The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.

1.E.  Unless you have removed all references to Project Gutenberg:

1.E.1.  The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase "Project Gutenberg" appears, or with which the phrase "Project
Gutenberg" is associated) is accessed, displayed, performed, viewed,
copied or distributed:

This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever.  You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.net

1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges.  If you are redistributing or providing access to a work
with the phrase "Project Gutenberg" associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.

1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder.  Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.

1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.

1.E.5.  Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.

1.E.6.  You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form.  However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.net),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original "Plain Vanilla ASCII" or other
form.  Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.

1.E.7.  Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8.  You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that

- You pay a royalty fee of 20% of the gross profits you derive from
     the use of Project Gutenberg-tm works calculated using the method
     you already use to calculate your applicable taxes.  The fee is
     owed to the owner of the Project Gutenberg-tm trademark, but he
     has agreed to donate royalties under this paragraph to the
     Project Gutenberg Literary Archive Foundation.  Royalty payments
     must be paid within 60 days following each date on which you
     prepare (or are legally required to prepare) your periodic tax
     returns.  Royalty payments should be clearly marked as such and
     sent to the Project Gutenberg Literary Archive Foundation at the
     address specified in Section 4, "Information about donations to
     the Project Gutenberg Literary Archive Foundation."

- You provide a full refund of any money paid by a user who notifies
     you in writing (or by e-mail) within 30 days of receipt that s/he
     does not agree to the terms of the full Project Gutenberg-tm
     License.  You must require such a user to return or
     destroy all copies of the works possessed in a physical medium
     and discontinue all use of and all access to other copies of
     Project Gutenberg-tm works.

- You provide, in accordance with paragraph 1.F.3, a full refund of any
     money paid for a work or a replacement copy, if a defect in the
     electronic work is discovered and reported to you within 90 days
     of receipt of the work.

- You comply with all other terms of this agreement for free
     distribution of Project Gutenberg-tm works.

1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
Foundation as set forth in Section 3 below.

1.F.

1.F.1.  Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection.  Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
"Defects," such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.

1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH F3.  YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.

1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from.  If you
received the work on a physical medium, you must return the medium with
your written explanation.  The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund.  If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund.  If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.

1.F.4.  Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.

1.F.5.  Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law.  The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.

1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.


Section  2.  Information about the Mission of Project Gutenberg-tm

Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers.  It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.

Volunteers and financial support to provide volunteers with the
assistance they need, is critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come.  In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at http://www.pglaf.org.


Section 3.  Information about the Project Gutenberg Literary Archive
Foundation

The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service.  The Foundation's EIN or federal tax identification
number is 64-6221541.  Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising.  Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.

The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations.  Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
business@pglaf.org.  Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org

For additional contact information:
     Dr. Gregory B. Newby
     Chief Executive and Director
     gbnewby@pglaf.org


Section 4.  Information about Donations to the Project Gutenberg
Literary Archive Foundation

Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment.  Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.

The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States.  Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements.  We do not solicit donations in locations
where we have not received written confirmation of compliance.  To
SEND DONATIONS or determine the status of compliance for any
particular state visit http://pglaf.org

While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.

International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States.  U.S. laws alone swamp our small staff.

Please check the Project Gutenberg Web pages for current donation
methods and addresses.  Donations are accepted in a number of other
ways including including checks, online payments and credit card
donations.  To donate, please visit: http://pglaf.org/donate


Section 5.  General Information About Project Gutenberg-tm electronic
works.

Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone.  For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.


Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included.  Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.


Most people start at our Web site which has the main PG search facility:

     http://www.gutenberg.net

This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.