The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-03
THlRTY-SlXTH CONGRESS-..SECOND SESSION
SENATE.


their determination to resume sovereign powers an
rights heretofore vested in the General Government
on receiving indemnity for the same. Laid over
General Ian Il moved to take up the Pacific RaiIroa
Dill, when considerable opposition was raised to
on the ground that Mr.. Baker, the new Senator
from oregon, was entitled to the floor on Crisis af
fairs. Several Senators on the Democra tic sid
also urged taat the bill be taken up-Mr. TRJTM
BULL declared 1T to be mere effort on the part o
Mr.. Lane to prevent his colleague from ADDRESSING
the Senate. 1t was the first time such thing haC
ever occurred on the floor of the Senate.-Mr.
LANE repudiated the imputation He deemed +
his duty to endeavor to take up this bill, and be-
lieyed it could be disposed of during the
morning hour.-Mr. BAKER said he would
yield his right to the floor forever to see
this bill passed, as he believed it was one OF
| the greatest bonds of union that could be
acted upon.-Finally the Pacific Railroad hill
was made the special order for Saturday. Mr..
BAKER having the floor, proceeded TO address
| the Senate. He expressed the great responsibility
| which he felt in speaking in such presence; COM
plimented the Senator of Louisiana for his recent
speech as being the best he had heard on the pend
ing questions, but still he deprecated his argument
| to prove that the Government was of no avail and
| that the Union was actually dissolved. He hoped
his own purpose was higher. lie hoped to con.
tribute his poor argument to sustain the Govern
| ment under which he lived and under which he
hoped to die. He desired to show that this Gov
ernment was a substantial power, sovereign in its
| sphere-a Union. and not a mere compact of SOW
ereign States. That it has the right self protec
ly capable of exercise against domestic treason
as against a foreign foe.--Mr. Baker said
that though agreeing in some points with
the distinguished and able Senator from Louisiana,
MIR. Benjamin) he could not, upon the whole help
feeling the same sentiments expressed by DR. John
son, he believed, when shown a certain we-writ-
ten book which he did not approve "the fellow has
done well what no one ought to have done at ALL"
His (the speakers object was to disprove the idea
that the Constitution was compact between soy
ereign States. The proposition of the Senator from
Louisiana Mr.. Benjamin) appeared to be that
there was no Government of the United States at
all; that it was no reality. But he would endeavor
to prove that the Government did exist in reality
He did not believe that the Constitution of the Unit
TED States was compact between States liable to
be broken up any time by the withdrawal of the
States. He read from letter of Madison, tending
to show that he did not regard the Union as a Con,
stltutlona compact of States, and believed that this
position was maintained by Jackson and Others
de reviewed the position of Mr.. Webster, as stat
ed by MIR. BENJAMIN in the Rhode Island case
but would have expected that Senator to quote
from the debate on secession, which had rendered
the name of Mr. Webster immortal He read from
that debate showing thatt was contended BY Mr.. w
that the Union in his opinion was government con-
stituted by the people and not the States He then
referred to the speech alluded to by Mr. Benia
min, made by John Quincy Adams, as supporting
secession, but read the conclusion of that speech
unmutiated, proving that Mr.. Adams said that Sc
cession was too absurd for consideration and that
qualification was but little better. He quoted also
from Andrew Jackson, whose memory he trusted
the Senator from Louisiana would revere, and he
argued that States were not soveregns Andrew
jackson, during an attempt made by South Caro-
lima to secede, was President who dared to do his
duy he could not say in this instance if such were
the present He thought that one of the great
mlsta8es OF the Senator from Louisiana was
that the Union was compact of States.
and that the States were SOVEREIGN He
denied this. The States we're not sovereign.-
The Federal Government was not Sovereign. The
only Sovereigns were the people. We are not
sovereign here. Oregon and South Carolina were
not Sovereign. The whole idea of this sovereign
ty was fallacy from beginning to end. The Con
stitutiou was not made by Sovereign States but bv
the people of the United States. The Turks were
won't to say that there was but one God and he
would say that there was but Sovereiegn-the
people He would inquire of the Senator from
Louisiana if there constitutional right to Sc
cede MIR. BENJAMIN said he had supposed
that he had been explicit on that point. He did
believe that there was Constitutional right to Sc
cede.--Mr. BAKER would ask the Senator
to name the place he found that right
in the Constitution ?--Mr. BENJAMIN said
that in the 9th and 10th amendments
of the Constitution such right could be found
Certain rights not delegated to the FederaGovern-
ment, were reserved by the States.-- mr.. BAKER
denied that the States had made any reservation.
There was no such thng.-Mr. BENJAMIN read
from the last article of the Constitution and the
amendments contending that the right to withdraw
by State was recognized when the compact had
been violated. IA brief debate followed to the
same effect, between Senators Baker and BENJAMIN
MIR. BAKER proceeding, demonstrated that there
was right OF rebellion, but argued that there was
no oppression or cause for rebellion or revolution
IN the case OF South Carolina. The Senator from
Louisiana had presented a dreary catalogue of
what he Mr.. Benjamin. termed grievances of the
South; but the only two alleged points By the SEN
neop va m 5ne Fuge saT M Would aa the
if there VIZ, ali! more alleged grievances
DaIJAMlN said that he enumerated six in his
sDpnnh- nOnlH nnOr VI.
BAKER said that when the weary csta-
logue of the Senator had been gone through
with, and the two propositions which he mentioned
had been included, the whole question was narrow
ed down In the Senator's words-''a differ
ence as to constitutional construction and the yio
lation OF the fugitive slave law" This was the
difference. So far as the fugitive slave law was
concerned he quoted Mr.. Lincoln in his debate with
Mr.. Douglas, to show that he Lincoln) was not,
never had been and never would be in favor of the
repeal of the fugitive slave law. He (Mr. Bakery
would say the same thing here, he was not
in l1,- favor of III, the n repeal of the fugitive
notification, he was in favor of repealinp
all of the personal liberty bills which were uncon-
stitutional, and which might be so determined by
the Supreme Court The Republican party would
maintain this position and in the execution of the
laws would act wisely and guard well all the pro.
visions of the Constitution. Referring to the elect
ed President he said that Mr.. Lincoln would be
inaugurated on the 4th of March, and enforce all
fugitive slave laws; and from what he knew of
Mr.. Lincoln's integrity-and he had known him
since he was boy-he would enforce all these laws
1t he did so with the whole power of the govern
ment. The Republican party would enforce the fugi-
tive slave law. Was that satisfactory to the Sena
tor from Lousiana?-Mr. BENJAMIN-Iti is not
at all satistactory-not in the slightest degree. -
Mr.. BAKER proceeded to state that slavery was
the creature of local law.-Mr. BENJAMIN
said that in the Committee of Thirteen the Republi
cans voted down the proposition that property
could be held in slaves.-Mr. BAKER quoted
Clay and Cass in support of the Republican theory
that slavery was the creature of local law, and
quoted from the South Carolina Senators to show
that in 1850 they desired no extension of slavery,
but wished the policy of s'hands off" adopted He
quoted Mr.. Rhett, of South Carolina as de-
claring that the fugitive slave law was uncon-
stitutional, and paid euogy to Mr.. Clay
Before concluding he gave way until to-mor-
row, resuming his speech at l P. NJ, with the un-
derstanding that Mr. Douglas is to foow.--Mr
DAVIS offered a resolution in effect that whereas,
by the second and third article of the Constitution
the militia is to be a security to the free States
and indirectly provided that State may in time of
peace keep troops and ships of war; and by the 18th
clause, lst article the jurisdiction of the federal
government is limited
Therefore red That upon application Of the st ate
either through the convention of the people the Legs
lature asking that federal forces NAV be tbdravn fh
President the United States shall order the withdrawal
of the federal garrison and security for
the safety Of the public property there remaining.
lawfully assembled, shall that the safety of the
States requires that she should keep troops ships of
war; the President of the United States hereby directed
to recognize the power of the State do and by
proclamation give information to all of the parties con
cerned.
These resolutions were laid over, and the Senate
adjourned.
HOUSE OF REPRESENTATIVES,.
The estimates of the Post Office Department for
1862 were presented-Mr. STEPHEN COBURN,
of Maine, who had been elected to fill the vacancy
occasioned by the resignation of Mr.. Washburn,
appeared and was sworn in.-Mr STRATTON,
of New Jersey, presented the memorial of citizens
Of the Fifth Congressional District, praying call
of National Convention, to be chosen on the Goth
of February next, and to meet in Independence
Hall on the Fourth of March, to revise the Con-
stitution of the United States. He moved its re-
ference to select committee of fve.-Mr.
WASHBURNE, of Illinois, objected. He was sat
isfed with the existing Consttution--Mr. STE
VEINS, OF Pennsylvania, moved to lay the
memorial on the table, but subsequently withdrew
it, and after discussion it was referred to the
Committee of Thirty CLARK, of
Missouri, desired to offer inquiry as to whether
the Committee of Thirty-three were ready to report
or when they would be ready. No response was
however made by any member of the Committee.
tion that the Committee Of Ways and Means in
quire into the expediency of repeating the act
OF 1856, for the compensation of members of
Congress. Referred to the Committee of Ways
and Means-The Indian appropriation bill
was then taken up and passed.-The House
| took up the resolution offered by Mr..
Davis, of Indiana, on Monday, instructng the
Committee on Judiciary to inquire into and report
to this House, at any time what legislation if any,