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“The Meaning of the Right of Petition: Northern Opinion and the Antislavery Gag Rule, 1836-1844”

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“The Meaning of the Right of Petition: Northern Opinion and the Antislavery Gag Rule, 1836-1844” “THE MEANING OF THE RIGHT OF PETITION: NORTHERN OPINION AND THE ANTISLAVERY GAG RULE, 1836-1844” by RUSSELL WAYNE BOUSEMAN, JR. Bachelor of Arts in History and English Angelo State University San Angelo, TX 1995 Master of Arts in History Sam Houston State University Huntsville, TX 2005 Submitted to the Faculty of the Graduate College of the Oklahoma State University in partial fulfillment of the requirements for the Degree of DOCTOR OF PHILOSOPHY July, 2016 “THE MEANING OF THE RIGHT OF PETITION: NORTHERN OPINION AND THE ANTISLAVERY GAG RULE, 1836-1844” Dissertation Approved: Dr. Richard Rohrs Dissertation Adviser Dr. James Huston Committee Member Dr. Elizabeth Williams Committee Member Dr. Kristen Burkholder Committee Member Dr. Jean Van Delinder Outside Committee Member ii Name: RUSSELL WAYNE BOUSEMAN, JR. Date of Degree: JULY, 2016 Title of Study: “THE MEANING OF THE RIGHT OF PETITION: NORTHERN OPINION AND THE ANTISLAVERY GAG RULE, 1836-1844” Major Field: HISTORY Abstract: In the 1830s, a national movement against slavery organized in the United States. One of the actions taken by slavery opponents was to petition Congress, most commonly for the abolition of slavery in the District of Columbia. Congressmen had occasionally received such petitions in the past, but beginning with the commencement of the 24th Congress in 1835, the number of petitions became overwhelming. Southerners objected to these petitions believing that if Congress seriously entertained abolition in the nation’s capital, then northerners would seek to abolish slavery in the states. Because slavery was such a divisive issue, many northern Democrats concurred that the presentation of antislavery petitions was discordant. Members of the Senate and the House of Representatives attempted to prevent these petitions from becoming contentious and hindering the workings of the federal government. The Senate adopted a successful “receive-and-reject” rule, which received the petitions but rejected their requests. The House established a Gag Rule, which effectively denied Americans the right to petition regarding slavery. Rather than mute discussion of slavery, the House became embroiled in a nine-year battle over the meaning of the right of petition. Initially, many northern Democrats allied with southerners to support the Gag Rule. This quickly became an untenable position as it only led to more petitions, encouraged abolitionists, and evoked increased outrage in the northern press. Eventually, the resistance in the North was so great that the House rescinded the Gag Rule in December 1844. This dissertation examines northern opinion regarding the Gag Rule, relating the many reasons people opposed it, why northerners supported it, and how it intensified sectionalism in American politics. The petition drive to abolish slavery in the District of Columbia led to the establishment of the Gag Rule, which rapidly became more about placating the interests of the South while restricting the liberties of northern white Americans. Opponents fought ardently against the abridgment of their First Amendment right of petition—and speech as well. This dissertation relates that struggle. iii TABLE OF CONTENTS Chapter Page INTRODUCTION . 1 I. “BURIED IN THE TOMB OF THE CAPULETS” . .24 II. “TREAT THE SUBJECT AS ITS GREAT IMPORTANCE DEMANDS” . .62 III. “A DEAR LOVER OF EXCITEMENT” . 86 IV. “MISERABLE, FLIMSY, FEEBLE RESOLUTIONS” . 123 V. “THE DIFFERENCE BETWEEN PETTY LARCENY AND HIGHWAY- ROBBERY” . 161 VI. “WHAT HAS CONGRESS DONE!” . .186 VII. “WE ARE IN A BAD WAY HERE” . .. ..215 VIII. “THE ODIOUS GAG . IS NOW REMOVED!” . .. .254 CONCLUSION . 286 BIBLIOGRAPHY.. 298 APPENDIX . .314 iv LIST OF TABLES TABLE PAGE Vote to Table Petition Presented by William Jackson, December 18, 1836 . 29 Vote to Support Speaker Polk’s Decision to Accept John Quincy Adams’s Petition, January 25, 1836 . 42 Vote on Pinckney Committee’s Second Resolution, May 26, 1836 . .57 Vote on Pinckney Committee’s Third Resolution, May 26, 1836 . 59 Vote to Table Adams’s First Antislavery Petition, January 9, 1837. .96 Vote for the Hawes Gag Rule, January 18, 1837 . .101 Vote on Resolution That Anyone Presenting a Petition from Slaves Is “Unfriendly to the Union,” February 9, 1837 . 113 Vote to Censure John Quincy Adams, February 9, 1837 . .115 Vote on the Patton Gag Rule, December 21, 1837 . .129 Vote on Buchanan’s Receive-and-Reject Motion, December 18, 1837 . 145 Vote on the Atherton Gag Rule, December 12, 1838 . .151 Vote on the Johnson Gag Rule, January 28, 1840 . 171 Vote on the Adams’s Amendment to Exclude the 21st Rule, June 7, 1841 . 196 Vote to Adopt Rules of the Previous Session Excluding the 21st Rule, June 7, 1841 . 198 Vote to Reconsider Adopting House Rules to Include the Gag Rule, June 14, 1841 . 203 Vote on Henry Wise’s Original Motion to Allow a Committee to Determine the Rules, June 15, 1841. 205 v TABLE PAGE Vote to Adopt House Rules of the Previous Session Including the Gag Rule, June 16, 1841 . 206 Vote on Edward Stanly’s Resolution, December 7, 1841 . 219 Vote on Adams’s Amendment to Rescind the Gag Rule, December 7, 1841 . 220 Vote on Fillmore’s Motion to Table the Censure of John Quincy Adams, January 26, 1842 . .. .237 Vote on the Motion to Table the Censure Trial of John Quincy Adams, February 7, 1842. 241 Vote on Adams’s Resolution to Rescind the 21st Rule, December 7, 1842 . .250 Vote on Adams’s Amendment to Rescind the Gag Rule, for the 28th Congress, December 4, 1843 . .. .259 Vote to Adopt House Rules without the 21st Rule, February 27, 1844 . 275 Vote on Reuben Chapman’s Motion to Table Establishing New Rules for the 28th Congress, 1st Session . 276 Vote to Rescind the 21st Rule, December 3, 1844 . 282 vi INTRODUCTION “Mr. Speaker, am I gagged, or not?” cried Representative John Quincy Adams of Massachusetts. On May 25, 1836, the United States House of Representatives was about to hear the report of the Committee on the District of Columbia led by Henry Laurens Pinckney of South Carolina on the issue of how the House should address antislavery petitions. Succinctly, the Pinckney committee recommended that Congress had no authority to act; the House should table all antislavery petitions without debate. Approving these recommendations constituted the first in a series of gag rules, known as the “Pinckney gag.”1 John Quincy Adams feared the House would approve these resolutions, abridging the right of Americans to petition their government for redress of grievances. The previous December, he promised his colleagues that if the House took such action, he would fight it with great determination and deliver incendiary speeches on the floor of the House, which would only be to the detriment of those who supported a gag rule. This study analyzes northern opinion in the fight to restore Americans’ right of petition, focusing upon the press, congressional debate, and personal correspondence. 1Although there was a series of gag rules, this study collectively references them with the proper noun, the Gag Rule. 1 While northern support for the Gag Rule was easiest to obtain in 1836, it was never strong and eroded over time, both in Congress and in the press. Martin Van Buren favored the Gag Rule, seeking Democratic unity across sections in order for his party to achieve its national goals. Using the Gag Rule as a measurement of opinion, getting northern Democrats to align with the South was always problematic. Although northern Democratic votes were easier to get in 1836, the vote on the first Gag Rule reveals a divided North; almost as many representatives opposed it as favored it.2 Not only was the North-South Democratic coalition always tenuous, so was support for the Gag Rule. Maintaining northern backing grew more difficult with each Gag Rule vote. The antislavery petition controversy also illustrated division among politicians who formed the Whig Party, exposing division from its beginning. Northern Whigs readily welcomed reformers and antislavery Americans. Southern Whigs deplored anyone who sought to interfere with slavery, an issue they believed only rightly decided by the southerners themselves. The constitutional right of petition resonates with Americans because it is a cherished right with a rich history. The constitution of the ancient Roman Republic provided that tribunes speak on behalf of plebeians, the most common people of that society. As representatives of the people, the republican nature of the government gave the meekest Romans a voice in government many centuries before Enlightenment philosophers expounded upon the concept of the social contract.3 2Party identity was not always easy to discern in 1836 because the Second Party System was still forming. Vote analyses provided in this work in 1836 only divided congressmen by section and vote with no party distinction. 3Michael Crawford, The Roman Republic, 2nd ed. (Cambridge: Harvard University Press, 1993), 25. 2 For centuries, the British had enjoyed the right of petition. King Edward I (1272- 1307) encouraged his subjects to present petitions, as stipulated in the Magna Carta. Members of Parliament had a responsibility to receive and respond to the petitions. After the Glorious Revolution of 1688, Parliament established a Bill of Rights, specifically guaranteeing the right of citizens to petition the king without fear of prosecution.4 Americans continued to exercise this right. American colonists utilized it upon the outbreak of hostilities with their mother country. Between 1763 and 1775, they sent countless petitions to the crown and Parliament. The failure of these petitions to secure redress of grievances prevented reconciliation and elevated discord to a more serious threat than passionate discontent.5 Yet, the colonists repeatedly returned to the petition. The Second Continental Congress extended the unheeded Olive Branch Petition to King George III in hopes of reconciliation. During George Washington’s presidency, Western Pennsylvanians used petitions to protest the whiskey excise tax, which they believed unfairly burdened them.
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