Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1856-05-10
SPEECH OF MR.. BENJAMIN,
OF LOUISIANA,
Delivered in the Senate, May 2, 1856.

SPEECH OF MR.. BENJAMIN,
OF LOUISIANA,
| Delivered in the Senate, May 2, 1856.
| The Senate, as in Committee of the Whole
| having under consideration the bill Is. No
l72) to authorize the people of the Territory o.
| Kansas to form q constitution and State gov
ernment 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 our
republic that its internal peace has been im'
perilled. Thrice already has the bond which
binds together the different States of the con
federacy been menaced with disruption, and
on each occasion the disturbing element has
been the same. This Union, which, at the date
of the adoption Of the Constitution, was formed
of one non-slaveholding and twelve slavehold-
liae 0mkA1b noM pcessnts "A stray Of sixtsen
of the former, and only fifteen of the latter.
Causes, which are too obvious to require emu
meration, have operated since the foundation
of the Government in producing the abolition
of slavery in the Northern portion of the
country.
On the first of these occasions, Mr.. Presi-
dent, in 1920, more than thirty years after the
formation of the Union, the North for the
first time endeavored to secure the admission
of Maine into the Union, while at the same
time it attempted to exclude Missouri-and
that, too, in defiance of the provisions of the
treaty Of cession of 1903, the words of which
are 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 contro
versy has been too frequently and too thorough
ly discussed on this floor within the last two
years to permit me TO dwell upon it at any
length. must, however, be permitted to ex-
press my regret that the eminent men who had
charge Of the interests of the South at that
time ever yielded their consent to compro-
mise which in my judgment is contrary tc .hs
true theory of the Constitution, irreconcilable
with a just regard to the principle Of equality
amongst the States, and which, as mere
the end proposed-of securing perfect harmony
upon the subject of division between the
different sections of the confederacy of that
Territory which was common to all. 1t never
answered its purpose-not for single year.
Scarcely had it been passed when it was broken
by nearly every Nothern State. Whenever ap-
pealed to by the South, it was scorned, derided,
and repudiated. When in 1850, we proposed
the extension Of its principles to the Territory
acquired in the Mexican war, our proposition
was contumeliously rejected When, in 1854,
we finally agreed to repeal in terms that which
for more than quarter OF century had
ceased to have any active effect, it was made
use of as subject of vituperation towards the
South We were accused Of violating "plighted
faith"-with very much the same regard for
truth as has recently been displayed on this
floor in those mendacious tales which have
been brought to us about the state Of affairs in
Kansas.
repeat, Mr.. President, the policy of seeking
for some other compromises than those which
are contained in the Constitution was mis-
taken 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 aware Of this mistake. She
has no longer any compromises to offer or to
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 resolutely
withdraw from q compact all the obligations
of which she is expected scrupulously to fulfil
from all the benefits of which she is ignomin-
iously excluded.
Upon each Of these occasions long debate
has lhhtu pidCc upou tue quCobou VI luS PoWci
Of Congress to exclude slavery from the Ter
ritories by law. The discussion on this subject
has been SO full and thorough, every aspect in
which it is capable of being presented has
been so minutely examined, that ! cannot de-
tain the Senate by q further discussion of it.
This, however, will say-tbat all admit that
the power to legislate for the Territories is
nowhere given in express terms in the Con-
stitution. 1t is true, sir, that the honorable
Senator from New Hampshire, Mr.. Hale,
who opened the discussion on this subject, did
say something about that power being con-
tanned in a clause of the Constitution which
vests in Congress authority to dispose Of the
public property. The argument on that point,
however, has been so often refuted, and was on
that occasion so triumphantly answered by my
friend from Georgia, Mr.. Toombs, that it Is
entirely unnecessary to advert to it any further.
Sir, propose to place this question on higher
grounds than any reference to the mere text Of
the Constitution. propose TO seek for its
true spirit 10 inquire into its true theory, to
look into the condition OF these States when
the Constitution was framed, and to see whether,
from all the circumstances that surrounded the
adoption Of the Constitution, it be possible that
Congress can exercise the power to exclude
slaves from the Territories
In connection with this subject desire TO
read passage from the speech Of the Senator
from New York, Mr.. Seward, who has given
currency to fallacy which is popular, which
was briefly a1verted TO by my friend from Ala
bama, Mr.. Clay and which think deserving
of some more extended consideration. ! read
this passage from that speech;
"Slavery is an outlaw under the law Of ma
tons. Still further, the Constitution Of the
L.. otod int
itself all of the laws Of comfy for regulating
the intercourse between independent States
which il deems proper to adopt. Whatever is
forbidden expressly by the Constitution is nm.
lawful Whatever is not forbidden is lawful"
I maintain, on the contrary, that the Consti-
tuition may be just as fagrantly and palpably
violated by the abuse Of powers expressly con-
ceded as by the usurpation Of powers expressly
prohibited. This is no novel doctrine. II OBJ
tains not only under this government--it has
ever obtained in all governments in which con-
stitutions and laws are not mere empty words.
Let us take up the Constitution and ex-
r. IL 10, cf nm