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the nternng and the first modification OF the draughl as
now stands II is difficult TO give any other explana-
ton.
I now turn to Colonel Bentou's reasoning upon the
subject He alleges that the words "and the vote of
every. member was unanimous" were struck out. and
expiicr inserted; evidently to avoid violating the rule
OF cabinet secrets. not to tell the opinion Of members,
which the word Unanimous would do. His statement
contains two errors as to fact Explicit was in The
original draught and never struck out. Unanimous made
no part Of the original draught, he supposes II
part OF the inerlinng at first, but subsequently struck
out All this is apparent from certified copy of the
paper before me-. Thus his reasoning falls to the
ground Tie carries the rule OF cabinet secrets very far
much farther than he does the rule applied To the
secrets Of the Senate Who ever heard that Il was vio
laton OF any rule of cabinet say the admins
!raiion was unanimous or divided It's constantly said
believe that il would have been a breach OF conf
dence in Mr. Monroe, in writing a confidential letter
to friend Of high standing. TO- say that his cabinet
was one Of consiituonalty. and not Of policy What
member Of any cabinet would be so base and cow
ardy as to desire TO conceal his opinion con-
at the time, that the opinion Of the cabinet Of
General Washington was divided on the question OF
chartering bank, and what side every member took
Colonel Bentons explanation destitute of plaus
bility and leaves the draught TO speak for itself it
stands; and that clearly is against the cabinet being
The diary Ct M Adams furnishes the only
that diary is no evidence of fact against any but
he who keeps it. The opposite rule would place the
character OF every man at the mercy OF whoever keeps
diary i is not my object to call in question the yeracity
OF MI. Adams, but he was man OF strong preudices,
hasty temper, and much disposed to view things he
desired From his temperament he would be liable TO
notice and mark what fell within his views and to
pass unnotced what did not venture little in saying
that his diary should be published during the lifetime
OF those who We're the Stage with him, its statements
stated But few statements from have yet been brought
to the notice OF the public, but OF these few two
have been coni,adcted one, if my recollection serves
me, related to General Jackson and the other to Mr.
Harris. OF Philadelphia, during the administration of Mr.
Monroe.
Opposed TO the statement Of Mr. Adams stands the fact
that opinions, as is admitted by Col Benton, TO be
found on the files OF the Department OF State, any
evidence that any such opinions ever fled although
the statement pnrPoring to be from the diary Of Mr.
Adams says that Mr. Monroe directed them to be filed.
One OF two things would to be cleareher he fell
into an error II making the entry, or that he failed 10
place them on ME IN Of subsequent d.
ecton from the President II is hardly possible, they
had been placed file but that they would still be there,
or some evidence in existence that they had been there
My own recollection is that Mr. Monroe requested the
opinion OF the members OF his cabinet in writing, but
that in consequence OF want OF time prepare written
opinion or some other cause, given and this
stated In the Senate when General Dix brought up the
question as TO the opinion OF the cabinet OF Mr. Monroe,
before the fact disclosed that there written
opinion the files OF the department have entire
hdence that II any was given, il amounted TO no more
than the simple affirmation negaon OF the power.
The time did not admit the PREPARATION OF elaborate
opinions and any such had been given. il impossible
that should forget IT, and next 70 impossible that il
As TO the nsinuation that the only member of the
cabinet oil Mr. Monroe who has since been Secretary OF
State, and all others OF like character, pass them with
the silent contempt due to their baseness and the source
whence they come.
Therpfs.hesde a fact which clearly shows that there
had been considerable change OF from the 4h TO
the 9th OF March allude 10 the fact that the draught
OF the letter intended for Gen Jackson never sent
It is nferable from the fact that there such letter
be found among his papers after the most dgent search
Ii is not improbable that the same change OF crcumsian-
ces which caused the striking out and inserting and
which induced him not to finish and transmit the letter
10 Gen Jackson intended induced hun also finally
dispense with written opinion, and will account why
no such opinion is found on file
But, suppose the case 10 be as Col Benton contends
of what Importance is il, how does il enable him to
make out his charge that the resolutions which he SO We
hementiy denounces introduced for the purposes
disunionl The opinions OF the cabinet, whether for
against. whether unanimous divided, whether writer
or unwritten, were given under circumstances which
would ente them TO but little weight In the first place
there time for consideration But one day elapsed
from the time The questions were put and sent to the
the next place. the subject little understood, and had
at that time received but little consideration. The
great point in the discussion OF the Missouri question
was whether Congress had right TO impose an,
other limitation the admission OF a State into the
Union than that prescribed by the constitution. Tn,
until u . SS o ,Ss ss dS
ing to my recollection, was scarcely noiiced much les
discussed. SO loose indeed. the prevailing opinion
At The dme that ths power Of leesaing over them wa
1on which provides shat Congress shall have power
dispose Of and to make all needip rules and regulation
respecting the territories and other property belonging &
the United States" Such would seem TO have been tn
opinion OF Mr.. Monroe, Judging from his Of pro
pounding the question. He puts in language bonowe
from the provision Ito make regulation prohibiting sa
very the territories and not 10 make idp 10 prohibit
But since then more careful examination has establish
ed beyond all reasonable doubt that this provision was in
tended TO be limited the disposition and regulation of tn
territories, regarded simply land property, and that
conferred no power Whatever beyond, much less that o
prohibiting slavery under such circumstances Even il
could be made out beyond shadow OF doubt that III
cabinet unanimous, and that its members gave writ
ten opinions In the affirmative, II could have little weigh
in settling the constitutional question: and yet Col Ben
ton, in his zeal 10 strike al and through at yo
and your cause. insists that the opinion OF Mr. Monroe
cabinet forever ofeclosed the question against the South
down rule that the opinion OF Congress, any depart
men oi the government, once expressed a constu
tiona question, settles forever; and this, too, when
is well known that II in direct contradiction 20 III
course he pursued reference the Rank OF the Unite
States The right OF Congress TO charter such ban
had again and again been sanctioned by Congress and
every department Of the government That he did nc
consider all this as settling the constitutional question
the long he waged against the institution proves
/ cusveIy.
Il is his fate TO involve himself in dilemmas at ever
step he takes, and which he Is either blind to see
too reckless TO regard He has labored through man
columns TO prove that the cabinet OF Mr. Monroe
unanimous in favor Of the power Of Congress to excud
slavery from the territories and that they gave write
opinions TO that effect, in order TO prove that am III
real and responsible author Of the Wlmot Provso with
out apparently perceiving that II he could succeed,
would destroy his conclusion for, II the cabinet wa
unanimous how could alone be responsiblei He seen
II have the dilemma aft he into IL M