Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1856-05-10

its triumph-as triumph it assuredly will--the
Constitution of my country will be secured from
the dangers with which 1t is menaced; kind
and brothery feelings amongst the people of
all sections of the Confederacy will be restored;
religious intolerance will be rebuked; the
equality OF the States, the keystone of the arch
of the governmental fabric, will be preserved
intact; and peace, prosperity, and happiness
will smile upon the land.
Although, in coming to this determination,
after long and anxious elaboration, my own
convictions alone would have suficed to dictate
my course, it would be uncandid for me not to
say that ! feel encouragement from the fact
that other and ADLER and better men than have
taken the same view of their duty in this crisis
which my own convictions have pointed out to
me. From all parts Of the country comes the
cheering intelligence that gallant, and patriotic,
and high.minded leaders of the old Wing party
ever faithful to the conservative principles,
which they have professed, are rallying to the
defence of the Constitution from the attack of
its fanatical assailants. On which side soever
of this chamber cast my eyes, behold men
whom the Wing party ever delighted to honor,
lending their courage and strength to the sue
cess of that common cause which we together
have espoused. Sir, the end is not yet; others
very soon-sooner than they think. AS the
designs of the enemy become more and more
developed, the patriot band will be augmented
with fresh recruits. Yes, sir; let the note oil
alarm be sounded through the land let the
| people only be informed; let them be told oil
the momentous crisis which is at hand; and
they will rise in their might, and, placing their
heel on the head of the serpent that has gded
into their Eden, they will crush it to the earth
once and forever.
Mr. CASS. rise for the purpose. of asking
! the Senate to name day next week on which
| can express my views upon this question.
feel unwilling to obtrude myself on the Senate
after the magnificent and patriotic speech which
we have just heard from the Senator from Lou
isiana, which does equal credit to his head and
to his heart aud which,. in my opinion, ought
TO find response in the bosom of every true
| American.
Mr.. SEWARD, after commenting on other
portions of Mr.. BENJAMIN's speech, continued
as follows:
The next position which the honorable Sena
tor took was one in which he attempted tc
prove, with vast flourish of triumph thai
slavery was not an outlaw by the law of nations
Sitting, as was, behind him, and shrinking
from the arrows Of his eloquence, he was not
contented to allow me the repose which eov
eted, and the security of being screened by his
shadow from the view Of the audience, but he
fourished over me in triumph his demonstra
ton that slavery was not an outlaw by the Law
1 of nations -
/ Well, sir, the honorable Senator is a LAWYER
do not claim to be. ! claim, however to b.
a legislator and Senator, and to be so far in
formed concerning the law of nations as it il
involved in the duties which / have to exercis,
here Now for the honorable Senator's author
ity. 1t is frst--and for this lie is indebted
to the honorable and esteemed Senator from
Georgia, Mr. Toombs, who furnished him with
it on the spur of the moment-that of JUST
man. The authority Of the Emperor Justiniar
is brought into this court, in the year Of oul
Lord, 1856, to establish what is the law Of ma
tons and yet Justinian wrote in the seventh
century, and the laws which he promulgated
were the laws of the Roman empire in its de
cline thousand years ago, and the law O
nations which he recognised, if he recognised
any in his treatise, was the law of nations as il
existed thousand years ago.
Then the honorable Senator has misunder
stood even Justinian, for he quotes Justiniar
as saying that Slavery is when one man il
subjected to the dominion Of another, according
to the law Of nations, though contrary to nat
ural right" Sir, the law of nations was tn,
general effect and concert of the separate laws
of separate nations as they separately existed
without any international understanding at the
time when Justinian wrote. The law of nations
of this age is an international lava genera
law involving that same natural right to which
Justinian, n thousand years ago, said tina
slavery was opposed, and making that com
mon universal code to be observed in the repu
T lation Of the intercourse between States.
The law Of nations, then, which Justiniai
gives consists Of the laws Of nations as the,
then existed. The law of nations of moderi
times is, as every jurist knows, an internationa
law which has grown up by the agreement anC
concert of civilized nations, and has beer
adopted by them in their mutual intercourse
so that think / may lay aside that book.
In the next place, the honorable Senator
has given me, not a treatise on the law Of ma
tons, not code of international law Of State,
as il now exists, but a history OF the law O
nations from the earliest times by Mr. Wheaton
and he has given me extracts from a iudicia
opinion quoted in the course of an argument
explaining the progress and history of the Law
OF nations. Though had not the time to ex
anime that volume, the honorable Senator wa
impatient; he declined TO allow me the time
he pressed me when he saw that / was study
ing his history and endeavoring to arrive ut IN,
result. Still, have had time to refer to III,
law Of nations, or the international law Of ma
tons, TO speak more accurately, as II is recor
missed and established by the Supreme Court o
the United States Of America; and If the Su
. preme Court Of the United States Of America
constituted, as il is, with judges consisting n
tbeydo, so large majority Of whom are appoint
ed at least with the complacency Of the slave in
terest in this country, shall affirm slavery to b.
an outlaw, then ] think shall not need to q,
TO the tribunals Of England, France, and Ger
many for further authority on the present occa
sion.
Before ] show what the Supreme Court o
the United States have decided on this subject
/ beg TO show that what the honorable Senate
quoted was but a criticism, not on the question
whether slavery was an outlaw, but whethe
the term "piratical outlaws" was accurately ap
piled TO slave-traders pursuing the slave trad
in violation Of the laws Of the United State
and Of Great Britain. ] find in one passag,
Of this book
=