Resolution by Representative John Quincy Adams Holding the Gag Rule Unconstitutional
5/26/1836
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In May 1836, the House of Representatives passed a resolution that automatically ''tabled'' (postponed action) on all petitions relating to slavery without hearing them.
The "gag rule" resolution stated that "all petitions, memorials, and papers touching the abolition of slavery or the buying, selling, or transferring of slaves in any state, district or Territory of the United States [were to] be laid upon the table without being debated, printed, read or referred and that no further action whatever shall be had thereon."
At first, only a small group of congressmen, led by Representative John Quincy Adams of Massachusetts, opposed the gag rule. Adams used a variety of parliamentary tactics to try to read slavery petitions on the floor of the House of Representatives. On May 27, 1836, he offered this motion to amend the House Journal to include his statement that the recently passed gag rule was in direct violation of the Constitution, the Rules of the House of Representatives, and the rights of his constituents. Ruled out of order, the vote proceeded and the gag rule passed the House 117 to 68.
Representative Adams's opposition to the gag rule was based on his view that everyone, enslaved or free, had the right to petition, and that Congress should receive these petitions even if it intended no action.
Stricter versions of the gag rule passed in succeeding Congresses. In spite of it, abolitionists continued to send petitions to Congress. The House eventually rescinded it in 1844.
The "gag rule" resolution stated that "all petitions, memorials, and papers touching the abolition of slavery or the buying, selling, or transferring of slaves in any state, district or Territory of the United States [were to] be laid upon the table without being debated, printed, read or referred and that no further action whatever shall be had thereon."
At first, only a small group of congressmen, led by Representative John Quincy Adams of Massachusetts, opposed the gag rule. Adams used a variety of parliamentary tactics to try to read slavery petitions on the floor of the House of Representatives. On May 27, 1836, he offered this motion to amend the House Journal to include his statement that the recently passed gag rule was in direct violation of the Constitution, the Rules of the House of Representatives, and the rights of his constituents. Ruled out of order, the vote proceeded and the gag rule passed the House 117 to 68.
Representative Adams's opposition to the gag rule was based on his view that everyone, enslaved or free, had the right to petition, and that Congress should receive these petitions even if it intended no action.
Stricter versions of the gag rule passed in succeeding Congresses. In spite of it, abolitionists continued to send petitions to Congress. The House eventually rescinded it in 1844.
Transcript
[in pencil at top] Upon the name of John Quincy Adams being called in taking the yeas and nays on said third resolution [crossed out] he [in ink] answeredI hold the Resolution to be in direct violation of the Constitution of the United States, of the Rules of this House, and of the rights of my Constituents. - and gave his answer in writing to the chair.
This primary source comes from the Records of the U.S. House of Representatives.
National Archives Identifier: 306599
Full Citation: Motion Offered by John Quincy Adams to Amend the House Journal to Include his Statement that the Recently Passed 'Gag Rule' was in Direct Violation of the Constitution, the Rules of the House of Representatives, and the Rights of his Constituents; 5/26/1836; Bills and Resolutions Originating in the House of Representatives, 24th Congress; Bills and Resolutions Originating in the House, 1789 - 1974; Records of the U.S. House of Representatives, Record Group 233; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/motion-amend-house-journal, April 19, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.