The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-01-04

days SINCE in relation to the suspension of diplo
matte relations with Austria
Mr.: FOOTE gave notice that on Monday he
would call UP his resolution relative TO the estab
shment OF territorial governments for California,
Deseret, and New Mexico
MIR. SEWARD moved that the two resolutions be
Mr.. CASS said his resolution was only about a
line and half, and doubtless was long since i'm
pressed on the hearts of Senators.
MIR. FOOTE thanked the honorable Senator for
moving the printing OF his resolution, and when
opportunity occurred he would, ia return for the
courtesy, berality, and complaisance shown, en-
deayor to put into execution the lea toonis in regard
to the Senator from New York.
Mr. HALE hoped the motion to print would not
now be put He had an amendment to offer TO the
resolution, and they could be printed together.
The motion to print was then Withdrawn Tor the
time
Mr.. ATCHISON presented resolutions ofthe Gen
eral Assembly of Missouri, upon eleven different
subjects, which ordered to be printed and re-
ferred
He also presented the joint resolutions passed by
the General Assembly OF Missouri in relation to
slavery; which were read.
Mr.. ATCHISON moved they be printed.
Mr. BENTON. This is the proper time for me TO
say, what believe TO be the fact, that these resou
tions do not represent tho sentiments Of the people
of Missouri They are a law-abiding and Union
loving people, and have idea of entering into
combinations to resist intimidate the legislation
of Congress. The General Assembly has mistaken
the sentiment of the State in adopting these resou-
tons; and many members who voted for them, and
the Governor who signed them, have since disa-
vowed and repudated them
do not discuss these resolutions at this time
That discussion is no part of my present object. /
speak Of the pledge which they contain, and call it
mistake; and say, that whatever may be the
wishes the opinions Of the people of Missouri
the subject of the extension or non extension of
slavery to the territories, they have idea of re-
sisting any act of Congress on the subject They
abi da ha lay uhep bc I xuha
subject to the decision of the ballot box and the u
dietary.
| concur with the people of Missouri in this view
of their duty, and believe it to be the only
consistent with the terms and intention of our con-
stitution, and the only one which this
Union from the fate of all the confederacies which
have successfully appeared and disappeared in the
history of nations. Anarchy among the members,
and not tyranny in the head, has been the rock
which ali such confederacies have split. The au-
thors our present form of government knew the
danger of this rock, and they endcayored to pro-
vide against it. They formed a Union-not u
league-a federal Legislature to act upon persons,
not upon States; and they provided peaceful RENE
dies for all the questions which could arise between
the people and the Government They provided
federal judiciary to execute the federal laws when
found to be constitutional and popular elections to
repeal them when found to be bad. They formed a
Government in which the law and the popular will,
and not the sword, was 10 decide questions; ana
they looked upon the first resort to the sword for
the decision of such questions as the death of the
Union.
The old confederation was league, with legis-
ature acting upon sovereignties, without power to
enforc its DEGREES, and without union except at
the will of the parties 1t powerless for govern
ment, and rope of sand for union. 1t was to
cape from that helpless and tottering government
that the present constitution was formed; and no
less than ten numbers of the Rehabilitation the
tenth to the twenteth-were devoted to the defects
of the old system, and the necessity of the one
will read some extracts from these numbers, the
Joint production Of Hamilton and Madison, to show
the difference between the league which we aban-
doned and the Union which we formed-the dan
gers of the former and the benefits of the latter
that it may be that the resolutions of the Fede-
raj Assembly of Missouri, if carried out to their
conclusions, carry back this Union to the league of
the confederation-make it a rope of sand, and the
sword the arbiter between the federal head and its
members.
Mr. Is. then read as follows:
ssThe great and radical vice, in the structure Of
the existing confederation, is in the principle of
legislation for States or Governments, in their cor
porate collective capacities, and as contradis-
tinguishcd from the individuals of which they con-
sist. Though this principle does not run through
all the powers delegated to the Union, yet 1t per-
vades and governs those on which the efficacy of
the rest depends. The consequence of this is that
though in theory constitutionally binding on the
mere recommendations, which the States observe rye
or disregard at their option. Government implies
the power of making laws. 1t is essential to the
idea of law that II be attended with a sanction,
obedience. This penalty, whatever 1t may be, can
only be inflicted in two ways-by the agency of the
and ministers of justice, by military Forces
by the coercion of the magistracy, or by the coer
cion of arms The first kind evidently apply
only TO man; the last kind must of necessity be
employed against bodies polite, or communities
States 1t is evident there is no process OF court
by which this observance of the laws can, in the
last resort, be enforced Sentences may be de-
nounccd against them for violations of their duty
but these sentences can only be carried into execu
ton by the sword. In association where the
general authority is confined to the collective bo-
dies of the communities that compose it. every
breach Of the laws must involve state of war, and
military execution must become the only instru-
ment OF civil obedience. Such state of things can
certainly not deserve the name of government, nor
would any prudent man choose to commit his hap
pness to it."
OF the certain destruction Of the Union when the
sword is once drawn between the members OF a
Union and their head, they speak thus:
''Whcn the sword is once drawn the passions of
men observe no bounds Of moderation The sug-
gestions of wounded PRIDE the nstigations of irri
tated resentment would be apt to carry the States.
against which the arms of the Union were exerted,
TO any extremes necessary TO avenge the afront or
to avoid the Disgrace of submission. The first war
Of this kind would probably terminate in dissolu-
ton of the Union"
OF the advantage and facility of working the
federal system, and its peaceful efficient and har-
monous operation-if the federal laws are made 10
operate upon citizens, and not upon statcs-they
speak IN tbcsc terms:
"But IL the execution OF the laws of the National
Government should not require the Intervention Of
the State Legislatures; if they were TO pass into
immediate operation upon the citizens themselves
the particular governments could not interrupt
their progress without open and violent exertion
of unconstitutional power. They would be obliged
TO act, and in such manner would leave no doubt
that they had encroachcd the national rights
An experiment Of this nature would always be ha-
zardous in the face Of constitution in any degree
comp etcnt 10 its own defence, and Of people en-
lightencd enough to distinguish between legal
exercise and illegal usurpation Of authority.
The success of IL would require not merely fac
tious majority in the Legislature. but the concur
of the courts fusce, and Of the body of the
people. II the judges were not embarked in n con-
spiracy with the Legislature, they would pronounce
the resolutions of such majority to be contrary
TO the supreme law Of the land, unconstitutional
and void. II the people were not tainted with the
spirit Of their State representatives, they, as the
natural guardians Of the constitution, would throw
their weight into the national scale and give Il a
decided preponderance in the contest"
OF the ruinous effects Of these civil wars among
the members of republican confcderacy, and
their disastrous influence upon the cause Of civil