The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-07-27

49, 'aS', 'Hat uo opiulonS as IS a0.
united by Col. Benton, are TO be found on
the files Of the Department of State. nor
any evidence that any such opinions were
ever iled; although the siatemen, purpor.
ing to be from the diary Of Mr.. Adams
says, that MIR. Monroe directed them TO be
HE'D. One of two things would seem To
be clear either he fell into an error, IN
making the entry, or that he failed to place
them on ME, IN consequence Of some sub
sequent direction from the President. Ii
is hardly possible. if they had been placed
on HE, but that they would still be there,
or some evidence in existence that they
had been there. My own recollection is,
that MIR. Monroe requested the opinion of
the members Of his cabinet in writing but
that 10 consequence Of want of time 10 pre
pare written opinion, or some other
cause, none was given, and this | stated IN
the Senate. when Gen. Dix brought, up the
question as 10 the opinion of the cabinet of
Mr.. Monroe before the fact was disclosed
That there was no written opinion on the
hles OF the department. have entire con
hdence, that II any was given, it amounted
to no more than the simple affirmation or
negation OF the power. The time did no,
admit the preparation OF an elaborate opin.
ION, and II any such had been given, il is
impossible that | should forget il and
next 10 impossible that il should so long
have remained concealed from the public
As to The InslnuatIon, that | au the only
member of he cabinet Of Mr.. Monroe, vi no
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 came.
There Is besides, fact which clearly
shows, that there had been a considerable
change OF views from the Iih 10 the 9th of
March; aIlude TO the fact, that the draft
OF the letter intended for Gen. Jackson was
never sent IL is lnferablc from the fact,
that there Is no such letter TO be found a.
mong his papers, after the most diligent
search. 1t Is not improbable that the same
change OF circumstances which caused the
striking ous and inserting, and which in.
duced HIM not 10 finish and transmit the
letter to Gen. Jackson as intended, induced
him, also, finally TO dispense with writ.
ten opinion, and will account why no such
opinion is found on file.
But suppose the case to be as Col. Ben /
Ton commended; OF what importance is il,
or how does it enable hum to make on,
his charge, that the resolutions which he |
SO vehement'y denounces, we're introduced
for the purpose Of disunion The opinions /
Of The cabinet, whether for or against.
whether unanimous or divided whether
written or unwiitien, wefs given under
circumstances, which would entitle them
o but little weight. Ia the fist place,
here was 10 lime for consideration. But
'Ee day elapsed from the time the questions
we're put and sent TO the members of the
abinet, until final decision was made.
10 the next place. the sublec, was little IN.
iefs,ood and had a, tina. time received but
little consideration. The grea, point in the
discussion of the Missouri question was,
whether Congress had Alright to impose any
ther limitation on the admission of State
nto The Union, than that prescribed bv the :
The question Of its power
yer The territories did not come I'd until
ear the end Of The discussion and accor
'ng TO my recollection, was scarcely no
ced, much less discussed, So loose, in.
eed, was the prevailing opinion al The
me, that the power Of legislating over :
lem was believed to be derived from tina, !
orion Of The constitution, which provides :,
that Congress shall have power 10 dis.
ose OF, and 10 make all needfuI rules and
EQUATIONS respecting the territories and
her property belonging TO the United :,
atcs." Such would seem to have been >
re opinion of Mr.. Monroe, judging from !
IS manner Of propounding the question. .
o puts II IN language borrowed from the
'nvlslon to make regulation prohibi. u
ng slavery in the territories" and not to .
axe iop 10 prohibit. But since then. a -
ore careful examination has established .
,yond all reasonable doubt, tina, this pro. ~ y
SION was intended 10 DO limited TO the dis. u
'stion and regulation OF The territories. :"
garded simply as land or property, and u
at It conferred no power whatever be- u
md, much less, that Of prohibiting slavery ~
der such circumstances, even &c II could GO
made out beyond shadow of doubt "
at The cabinet was unanimous, and that VI
members gave written opinions ~ the
ii'mative, It could have little weigh, in
thing The constitutional question; and
Col. Benton IN his zeal to strike at me, la
d through me al you and your cause, in. pc
Is that The opinion Of Mr.. Monroe's Cab. Inf
4 forever foreclosed The question aga:ns, mr.
; South. To establish q doctrine so alb. PEI
d, he, by implication, lays down a rule, a
i the opinion Of Congress, or any de. the
-tmeni Of the government, once express. pal
on constitutional question, settles it COZ
ever and this too when i, IS well known he,
/ II was IN direct contradiction TO the the
rise he pursued in reference to the Bank mo
no United States. The right Of Con. KIN
50 TO charter such a Bank had again ria
again been sanctioned by Congress, the
every department Of the government. frei
al lie did not consider all this as set. sen
~ the r0nsftfuftnna1 ono.tinn The L. Tn,