Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-06-05
Col. Benton's Dying Opinions.
ptWIt
Committee.

VIM. carey Jones, Son-ln-law OF COl. BEN
ton, and a Buchanan Democrat, had no sooner
paid the last honors to the body of his deceased
fathor-in-law than lie essayed to offer incense to
the Administration, (of whose bounties he is a
recipienD by publishing statement which SEEM
ed to indicate that Col. Benton in his last mo-
ments approved the course of President Blu
chanan. This attempt of Jones has called forth
a letter from the venerable Francis =. Blair,
which sets the whole question at rest, and leaves
poor Jones in sad and unenviable plight. Mr..
Blairs letter is too long for insertion in col
umns, and we can therefore do nothing more
than extract some Of its strong points. 1t is
forwarded to the N. Y. Tribune by Francis p.
Blair, Jr., who corrohorates its statements by
conversations which he himself had with Col.
Benton on his death bed, and on one particular
occasion he mentions where Benton, in glow
of rage against the President and the nullifers
for urging the Lecompton swindle upon Con-
gress, exclaimed, with his wonted energy-"Sir,
Providence and their o1cn crimes hare delicered
them into our hands,"
In direct proof of Col Benton's sympathy with
the Republicans and his hostilityto the Buchan-
an Democracy, Mr.. Blair cites the following par
agraph, extracted from the biographical sketch
of Benton in Appleton's Cyclopedia. This
sketch, says Mr.. Blair, was prepared by an in
innate personal friend, 1oas s,,gcctedto Col Ben
TOMS rcoisitn, bears the mark of it from his own
pen, and, in giving the private motives and rea-
sons of his conduct (Which could only be deriv-
ed from himself,) may be considered an autibog-
raphy, Now, here he declares:
I'm the Presidential election of November,
1856, Col. Benton supported Mr.. Buchanan in
opposition to his son-in-law, Col. Fremont
The reason assigned by him was confidence
that Mr. Buchanan, if elected, would restorethe
principles of the Jackson Administration, and
the apprehension that the success of Col. Ere
mont would engender sectional parties fatal to
the perpidnence Of the Union. He soon after
Sa,o occasion TO change both opinions, and, a.
though in retirement, he zedlousiy opposed the
Administration Of Buchanan and Inclined to
mite ah the opposition that presented itself IN
the Republican party"
Here, continues Mr.. Blair, it appears that he
abandoned Buchanan, and because he had rea-
son to reverse his opinion both as to him and
Col Fremont in regard to their influence touch
ing both general principles and sectional par
ties. The reasons which operated on his mind
farc-~h'44to 5'-l lIF1rer'rrrtrng, wrncife BhvutB
Col. Fremont at their last meeting, and will do
him honor should he ever think fit to make it
public. The grounds upon which he had resol-
we'd to base his opposition to the policy of the
administration will be found in the following
paper, which he sent to my son to submit to the
Republican party in Congress, after consulting
the friends named in the note with which in
troduced it.
NOTE ADDRESSED TO +. p. BLAIR, JR.
"Messrs: l think the time has come to get
ready to act on the subject | mentioned to you
and send draft Of seven resolutions, the last
taken from Jackson's Bank veto message in
1912; also preamble and provise would
wish you to consult Immediately with friends,
especially Hamlin and King. of the Senate.
Yours, B."
RESOLUTIONS, PREAMBLE AND PROvIso PRESENTED
TO AND ENCLOSED IN THE ABOVE.
!. Resolved, That the judicial power of the United
States does not extend 10 political questions and that
all pretended decisions OF such questions by the fed
eral Judiciary are illegal and void.
2. Resolved, That the late decision of the Supreme
Court in the of bred Scott dg Sandford so far
as the same applies to the act of Congress commonly
called the Missouri Compromise act Is the decision of
political question not within the jurisdiction of the
Court, aud is illegal and void.
3. Resolved, That there nothing in the case be-
fore the Court to authorize it to take cognzance Of
the validity of the Missouri Compromise act and the
cognizance so taken of that act extra udica, aud
gratuitous-
4. Resolved, That the assumption of the court to
make the said decision when the case on the record
out of which it grew dismissed for OF uris-
diction, was a clear and manifest proceeding without
any Judicial authority and was illegal and void.
b. Resolved, That the decision of the same court in
the same case, declaring the seextension of the CON
stitution to the territories carrying African slavery
win H. ana protecting 1t there against the power at
Congress or the people 10 rejectit decision with
ont any authority to make it, and without any case
before the court requiring decision. and without any
foundation to rest upon after thecase dismissed
for want of jurisdiction ont Of which it grew and that
said decision was obiter ctd and without legal effect
force.
g. Resolved, That the said decisions are in deroga-
ton OF the powers of Congress and restrictive of its
tme-honored rights and practice legisate for terri
torles ana being so derogatory and restrictive it be-
comes the duty of Congress to vindcate its rights bv
asserting its full authority to eislate upon slavery in
territories, and declaring its total disregard of the said
illegal, extra,judcia and void decisions Of the SUI
preme Courti which, accordingly, is hereby done.
Z. Resolved, That Congress and the President las
part oil the legislative authority are judges of their
own powers in passing or approving bills, to be gov
heirown oaths and consciences and that the Supreme
Court has no more power to control them than they
have to control the court, being both coordinate
branches OF the same government and independent of
each other within their constitutional sphere"
These resolutions were therefore committed
to his personal friends, f. p. Blair, Jr, of Mis-
souri, Hannibal Hamlin of Maine, and Preston
King OF New York. The necessity of their in
PRODUCTION and discussion was superseded by
the Lecompton Constitution being thrown upon
Congress by the President. They stand, how
ever, as the record of the political faith in which
he died, and all the cards" and statements"
which MIR. Carey Jones may concoct in life
time cannot efiace their existence or change
their,meaning.
New Hampshire