The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-10-13
Er,p the New YoIk Evening Post
nh, Missing Opinions of President No"
Foe's sabineI.

hers. with regard 10 the constltutionalty OF
the eighth section of the act 10 admit Mis-
sour into the Union, which prohibited sla-
very IN the Lou : ana territory north of 30
ID north latitude, Mason & Di1on's line
These questions are as follows:
"IyTgRRoGAroRIEs. Missouri, MARCH 4,
1920" To THE HEADS or DEPART
MEMS AND ATTORNEY GENERAL"
Has Congress a right, under the power
vested in il by The Constitution, to make
regalauon prohibiting slavery in terri
OY"
"ls me :. b section Of the act which pass
ed both houses on the Sd inst, for the ad-
mission Of Missouri into the Union, consis-
lent with the Constitution
In the leuer Of Mr.. Monroe containing
Them he says, the opinion Of the admins
ua.tou was explicit in favor Of the consli-
,g.ional.,y OF restraining slavery in the ter
..5Hes The ad uiniSuatiOn or cabinet was
..sa aJupJ>ei as follows.
NJ Monroe, Of Virginia, President.
Mr.. Adams, Of Massachusetts,, Secretary
Of SAFE
Mr. Crawflri, Of Georgia, Secretary Of
The Treasury.
M Calhoun, Of South Carolina, Secre-
aIy %, War.
Mr. Thompson. Of New York, Secretary
u. The Navy.
VI. WlL OF Virginia. Attorney Gen.
srs
OF he SIX members Of the cabinet, H.
gliding the head, there were four from
slaysho.ilng and Two from free States.
!, seems that Mr.. Dix had also been in
possession Of a copy Of Mr.. Monroe's let
Ter, for. on the day after Mr.. Westcout
spoke, he produced il, together with an ex-
uat iOm Mr.. Adams's Disry, which he
had procured from his son. Those who re-
member the debate, will not have forgotten
the furry occasiOued by the production Of
his evidence, and especially the extract
i0m Nh. Adams's journal, which confirm
ed Alr. M0nrOe's letter in every particular,
not only 10 the mlnutest agreement in the
phaseology of the questions. but in respect
- the Unsnimity Of the cabinet, and the
at that the opinions were given IN writing,
and deposited in the Department Of Stale.
Mr.. Calhoun gave very faltering and IN
satisfactory account OF the matter. Mr..
t0o.s, Of Mississippi, came to the rescue by
IH9liring whether Mr.. Adams's statement
was under oath, implying that it was not
Otherwise 10 be believed; and Mr.. Johnson
Of Mary land, the present Attorney General,
performed the same friendly office Of inter
yenton Tor the South Carolina Senator, by
giving a withdrawn exposition Of the diff
ference between the terms " unanimous y
and explicit"
All this, Colonel Benton has recently
brought again before The public, in bis
clear and pointed manner.
Without enlarging upon 1t, We now de-
sire To present some farther evidence OF the
existence Of these opinions, and Of their
deposit 10 the Department Of State, in re-
ply 10 some Of the statements made in the
following passage from MIR. Calhoun's re-
ply to Cd. Benton:
Opposed to the statement Of Mr.. Ad-
ans, stands the fact, that no opinions, as is
admitted by Colonel Benton, are to be
found on the files Of the Department Of
State, NOR ANY EVIDENCE THAT SUCH oPIS-
IoSs WE'RE EVER FILED; although the state
ment purporting to be from the diary OF
Mr.. Adams, says that Monroe directed
them to be filed. One Of two things would
seem TO be clear; either he fell into an er-
ror, in making the entry. or that he failed
10 place them on file, in consequence OF
some subsequent direction from the Presl-
dent. Ii is hardly possible, if they had
been placed on file, but that they would
still be there, or some evidence in exist
ence 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 TO prepare a written opinion, oil
some other cause, none was 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
TACT was disclosed that there was no writer
opinion on the files of the department"
Ii is the denial Of Mr.. Calhoun that there
vas any evidence ''that such opinions wer'
ever fled" to which we wish to call the at
Iention of our readers.
Mr.. Dix admitted that the opinions wer
not to be found, although an examination
had been made for them in the State DE
paTtment.
Mr.. Westcott's speech was not publish
ed among the proceedings Of that session 0
Congress 0he LIST session of the 3Oth) bu
It appears in the appendix to the CongIe'
sional Globe Of the I'd session; and we I'M
the following note, page So:
"Since the adjournment oil Congress,
have personally aided in searching the reC
ords and files Of the State Department fo
those opinions, and having some years sine
been clerk in that department, am Ell
abled to know that the search was con
plete. The following entry is on II
Register OF letters received 1917 to 1871
No. l.
"March 8, 1920, Adams, Crawford, Ca
houn, Writ, and Thompson, Messrs.-
Ws.h;n.to., M.~.L 1Q50 Thar oni,