The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-07
CONGRESSIONAL.
SPEECH OF MR.. BENJAMIN,
or LOUISIANA; ;
Delivered in Lhe senate Man ., l850.

The Senate, in committee of the whole having under
consideration the bill Is No 72) TO authorize the people
OF the Territory OF Kansas form constitution and State
government and to provide for their admission into the
Union when they have the requisite population
Mr.. BENJAMIN said: Mr.. President, this is the third
time within the short history of republic that its in
ernal peace has been nperled Thrice already has the
bond which binds together the different States OF the
iederacy been menaced with disruption and each
sion the disturbing element has been the This Union
which, at the date Of the adoption Of the constitution
formed of non-slaveholdng aud twelve savehoding
States now presents array OF sixteen OF the former and
emily fifteen Of the latter Causes which obvious
require enumeration have operated since the foundation of
the government in producing the abolition of slavery In
the northern portion OF the country a"t
On the first of these OCCASIONS Mr.. President In 1890,
than thirty years after the formation of the Unon
the North fer the first time endeavored the ad-
mission of Maine into the Union while at the time IL
attempted to exclude Mssourand that too in defiance Of
the provisions of the treaty of ces5on OF 803 the words of
which that "the said Territory shall be admitted into
the Union at the earliest possible period consistently with
the principles of the federal constitution The history OF
that controversy has been frequently and thor
oughly discussed on this floor within the last two
years to permit to dwell upon 1t at any length
must however be permitted to express my regret that the
eminent who bad charge of the interests Of the
South at that time yielded their consent to cou
promise which in my judgment is contrary to the true
theory of the constitution, irreconcilable with just
regard to the principle Of equality amongsrte States and
which, a measure of policy, totally inadequate
the end proposedof securing perfect harmony upon
the subject of division between the different sections of
the contederacy of that territory which common to
all 1t answered its purpose-not for single year
Scarcely had it been passed when it broken by nearly
northern State Whenever appealed to by the South
it scorued derided and repudiated When, in 1850
proposed the extension of its principles to the territory
acquired in the Mexican war; proposition was contu-
meliousy rejected When, in 1854 finally agreed to
repeal in terms that which for than quarter of
century had ceased to have any active effect made
of subject of vtuperation towards the South.
We accused of violating pighted faith with very
much the regard for truth has recently been dis
PLAYED this floor in those mendacious tales which have
been brought 10 about the state of affairs in Kansas.
! repeat Mr.. President the policy OF seeking for some
other compromises than those which contained in the
constitution a mistaken policy on the part of the
South. The condition OF the country this day shows the
fact thank Heaven that the South has at length become
of this mistake. She has no longer any compro-
misses to offer accept She looks to those contained in
the constitution itself BY them she will live; to them she
will adhere and if those provisions which are contained
in it shall be violated to her wrong then she will calmly
and resoutey withdraw from compact all the ohliga
ons of which she is expected scrupuously TO fulfil from
all the benefits Of which she is ANONYMOUSLY excluded.
Upon each Of these occasions long debate has taken place
upon the question of the power of Congress to exclude sa
very from the Territories by law The discussion this
subject has been full and thorough every aspect in
which il is capable of being presented has been so minute
ly examined that cannot detan the Senate by further
discussion of it. This however will sayhat all admit
that the power to egsae for the Territories is nowhere
given in express terms in the constitution 1t true sir
that the honorable senator from New Hampshire, Mr.
HALE who opened the discussion this subject did say
something about that power being contained in clause of
pose of the public property. The argument that peint
however has been often refued and that
sion tumphany answered by my friend from Georgia
TooMB that il entirely unnecessary 10 advert TO II
any further Sir propose To place this question high
grounds than any reference to the text OF the
stuon propose TO seek for its true spirit to inquire
into its true theory look into the condition Of these
States when the constitution framed and TO wheth
er from all the circumstances that surrounded the adop
on Of the constitution 1t be possible that Congress can
exercise the power exclude slaves from the Territories
In conpexion with this subject | desire to read pas-
sage from the speech Of the senator from New York. Mr.
SEwARpl who has given currency to f,llacy which Is
popular which briefly adverted to by my friend from
Alabama TMr CLAY, and which think deserving Of
some more extended consideration ! read this passage
from that speech:
Slavery an outlaw under the Law of nations Still
further the constitution the United States has expressly
into itself all Of the laws Of comfy for regula
ting the intercourse between independent states which II
the constitution unlawful. Whatever Is not forbidden Is
lawful"
maintain, the contrary that the constitution may
be just sarany and papaby violated by the abuse Of
powers expressly conceded by the usurpaon OF powers
expressly prohibited. This is novel doctrine II OBJ
tans not only under this governmentt has ever obtain
ed 10 all governments in which constitutions and laws are
not empty words
Let as take up the constitution and examine Of Its
clauses 10 illustration OF my meaning
Congress shall have power ITO establish post offices and
post roads
Suppose by an Increase n tho number of the FREQ States
they obtain control Of the legislative and executive de-
the government exclusively for postal facilities in those
States refusing all appropriations TO the others.
II has power TO erect forts, magazines and arsenas
Suppose a northern majority 10 use the common fund
Of the Union for protecting its coasts aud TO refuse
all appropriations for that purpose to the slaVehoding
States
The President with the advice and consent Of the SEN
ate sha have power TO appoint ambassadors judges Of
The courts, and othor public officers
Suppose all the officers Of the government to be regularly
and systematically selected from section Of the coun
try which might possess prcponderatnR power that
every judge collector and postmaster required for service
In the South should be selected from the North.
doubt sir, that in any OF these cases the
Constitution would be clearly and shsmeessly violated
by such abuse Of power il could possibly be by the
usurpation Of an authority not granted
Mr. President quite recently the Atlantic in the
country from which derive most Of ideas Of law
and liberty attempt was made by the Queen 10 ap-
point the House Of Lords single peer with peersgo
Tor life The power OF the Gown 10 appoint peers
doubted the ministry advised the appointment and yet
opposition made In the House Of Lords and the propo
sition advanced maintained and sustained that al
though the prerogave Of creating peors existed the
else Of IT, by the creation Of life peerage was an abuse
and contrary the fundamental constitution OF the king
dom The Grown yielded and the lords triumphed.
Sir look at your Declaration Of Independence. Upon
what grounds II that It's immortal author placed the
right OF the people Of this country their ndepend
ence and to declare that for the future they would hold
the people Of Great Britain "euemes in war, In peace
friends Look at the entire list Of grievances There Is
scarcely one Of them that is the usurpaou Of uuconst
tiona power; every one Of them is the abuse Of ad
mitted constitutional power. Upon that principle your
revolution rests; and sir IL is not to-day nor before
body like this that those who represent southern interests
are to be told that the question H. whether particular
power Is granted by the terms Of the constitution without
reference its spirit All feel at once sir that the in
stances which have suggested would be grCs abuses
trey contrary 20 that spirit What then Ia the principle
that underes that whole compact for govern
- -. ~ Er.t t.aI.w FL a.