Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1849-07-21

TT)OTTTlN
Connecting this with the draft as it originally Stood and
the subsequent alterations including the date of the memo
randum filed with it. the natural Interpretation Of the
whole affair is that Mr. Monroe drew up interrogations
and the draft of his letter intended for Gen Jackson, on
the 4th OF March, the date of the memorandum Itcoud
have been earlier according to the diary OF Mr. Adams
probably later. He did not date the draft, because
the letter could not be finished and transmitted to Gen
Jackson, until after he had signed the bill The draft was
drawn up as 1t Stood in all probability the basis OF the
opinion expressed on the Sd of March, the first day of the
meeting OF the cabinet, and which, at the time as the
diary states was unanimous, and that doubts and I'M
certainty OF opinion were expressed by some OF the mem
beers on the two subsequent days (the 9Th and 9th OF
March, which caused the nterning and the first modi
tcaton OF the draft it now stands 1t is difficult to
give any other explanation.
turn to Col Benton's reasoning upon the subject
He aledges that the words and Of every member
explicit, were struck out, and explicit inserted evil
IDENTIFY to avoid violating the rules of cabinet secrets not
to tell the opinion of members which the word "unani-
nous would do. His statement contains two errors as
to fact. "ExPcit' was in the original draft and never
struck out Unanimous made part of the original
draft he supposes. was part of the intenng 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 He carries the rule of
cabinet secrets very tar much farther than he does the
same rule applied TO the of the Senate Who ever
heard that violation of any rule OF cabinet secrets
TO say the Administration was unanimous divided? 1t
constantly said in reference to their meetings. and yet he
would have believe, that would have been breach
OF CONFIDENCE IN Mr. Monroe, in writing confidential
letter to friend OF high standing to say that his cabinet
were unanimous; and especially as the question was one
OF consttutonaity, and not of policy What member of
any cabinet would be so base and cowardy as to desire
to conceal his opinion constitutional question Who,
accordingly did not know the time, that the opinion of
the Cabinet OF Gen Washington was divided the ques
ton OF charterng bank, and what side every member
took Col Benton's explanation is destitute Of even
pausibity and leaves the draft speak for ITSELF as
stands and that clearly against the cabinet being
imous. The diary OF MIR Adams furnishes t. only op-
posing evidence Now, hold to be sound rule that
diary is evidence Of fact against any one but he
who keeps it. The opposite rule would place the chaat-
at at tbp ut
1t notmy object to call in question the veracy of Mr.
Adams, but he man ofstrong preudices, hasty
per, 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 pass unnotced
what did not venture little in saying that if his diary
should be published during the lifetime of those who were
on the stage with him. statements would be contradict
ed by many, and confirm all have stated. But few
statements from have yet been brought to the notice of
son. and the other, to Mr. Harris of Phadelphia during
the administration OF Mr. Monroe.
Opposed to the statement OF MIR Adams stands the fact
that opinions as is admitted by Col Benton are to be
found the files OF the Department of State nor any EVIL
dence that any such opinions fled although the
statement pupormg to be from the diary of Mr. Adams
says that Monroe directed them be filed One of two
things would be cear either he fell into an error
in making the entry or that he failed place them file,
consequence OF some subsequent direction from the Pres
den It's hardly possible, il they had been placed file,
but that they would still be there, some evidence in
existence, that they had been there. NV own recollection
is that Mr. Monroe requested the opniou of the members
OF his cabnetln writings but that in consequence OF want
OF time to prepare written opinion, other cause,
none given, and this | stated in the Senate, when
General DIX brought up the question to the opinion
OF the cabinet OF MIR Monroe before the fact disclosed
hathere was no written opinion the files of the de-
partment. have entire confidence, that if any was given,
il amounted to more, than the simple affirmation or ne
CATION oftle power. The time did not admit the prepara
ton OF an elaborate opinion, and any such had been
gwen 1t Is impossible that should forget it, and next to
impossible that should so long have remained concealed
from the public. As TO the insnuaon that am the only
member OF the cabinet OF MIR 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 came.
There is, beside fact which clearly shows, that there
had been considerable change OF views from the 4h to
the 9th OF March; aude to the fact that the draft OF the
letter intended for General jackson was never sent 1t
nierbe from the TACT that there is such leerto be
found among his papers, alter the most digent search 1t
is not improbable that the same change of circumstances
which caused the striking out and inserting, and which in
duccd him not to finish and transmit the letter to Gen
eral Jackson intended, induced him. Also finally to dis
pense with written opinion, and will account why no
such opinion is found on file.
But suppose the case to be as Col Benton conened of
what importance is it. or how does it enable him make
out his charge that the resolutions which he vehement
denounces were introduced Tor the purposes OF dsnon!
~" opinion OF the cabinet whether for against, wie
ther unanimous divided whether written or uWrtten
were given under circumstances which would entte them
to but little weight In the first place, there time
Tor consideration. But day elapsed from the time the
questions were put and the members of the cabinet
until ina decision was made. In the next place, the
subject was little understood, and had at that time ecev
ed little consideration The great point the discussion
OF the Missouri question, whether Congress had right
to impose any other limitation the admission of a State
INTO the Union, than that prescribed by the Constitution
The question OF its power the territories did come
up until near the end OF the discussion; and according to
my recollection, was scarcely noticed much less dis
cussed So loose, indeed was the prevailing opinion at
the time that the power Of legislation them was be-
heved to be derived from that portion OF the Constitution,
which provides that Congress shall have power to dis
pose Of and to make all needu rules and regulations re-
spectng the territories and other property belonging the
onlted States Such would seem to have been the opn
ION OF MIR Monroe Judging from his of propound-
ing the question. He puts it in language borrowed fir IN
the provision Ito make regulation prohibiting slavery in
the territories" and not to make law to prohibit. But
since them careful examination has established be-
yond all reasonable doubt that this provision was intended
to be limited to the disposition and regulation of the ter
ntofes regarded simply as land or property and that it
conferred no power whatever beyond, much less that Of
prohibiting slavery under such circumstances, if it
could be made out beyond shadow doubt that the cab
met was unanimous and that its members gave written
opinions IN the affirmative it could have little right in
thing the constitutional question; and yet Col Benton,
his zeal to strike at me- and through me at you and your
cause, insists that Mr Monroes cabinet forever torecosed
the question against the South 70 establish doctrine
so absurd ne by implication, lays down rule that the
opinion OF Congress, or any department OF the govern
men once expressed constitutional question, settles
forever and this too when it is well known that it in
direct contradiction to the he pursued in reference
to the Bank OF the United States The right of Congress
TO charter such bank had again and again been
noned by Congress and every department OF the govern
ment That he did not consider all this settling the
constitutional question: the long war he waged against the
institution proves conclusively.
LII his fate to involve himself in dlemmas every
step ne takes and which he is either blind to see or
too reckless to regard. He has laboed through many
columns to prove, that the Cabinet of Mr. Monroe was
unanimous in favor of the power Of Congress to exclude
slavery from the territories, and that they gave written
real and responsible author of the Wmot Proviso with
out apparently perceivng that if he could succeed, it
would destroy his conclusion; for if the Cabinet was
unanimous, how could alone be responsible He seems
have felt the dilemma after he gotnto it, and has made
desperate effort to escape from it. For that purpose he
had TO tasiy the constitution and assert that the veto
power vested in the Cabinet and not in the President
when that instrument expressly provides that the Execu
tive power shall evested in the PRESIDENT and that every
bill shall be presented to the President for his approval or
disapprova and that, if he approves Of it, shall be-
law, and if he disapproyes Of it, shall not,
less passed by wothiTds of both houses of Congress
He follows up this false assertion by another that had
one-hith OF the veto power in my hands when, in fact
had part and when the paper, which he relies to
make out his charge shows its face, that the Cabinet
consisted OF six and five and Of course if it had the