Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-01-02

Mondsgs Proceedings.

were crowded and there was 4 large crowd abor
the doors. Ladies WAS also in the Hobbies and 0
I the floor.
Mr. Crittenden asked that the Senate would Sc
apart some day for the consideration of the Join
resolution offered by him, The resolution was the
! made the special order for Wednesday.
Mr.. Wilson offered resolution OF inquiry, tha
the Secretary Of War be requested to inform til
Senate what disposition had been made of the arm
made at the national arnories If any had been sold
and if SO, ut what price. and 70 whom what nun
Der there were in the arsenais and how they werl
| protected Objected to and laid over.
The bill to organize the Territorial Government
| of Arizona was taken up.
! Mr.. Trunbull spoke in favor of the sInendmer
! to the amendment to allow the Mexican law abol
| ishing slavery to continue in force.
Mr.. Green said that Mr.. Browns amendment dis
not change Gny law, but only proposed to conIinus
/ az existing law. He was in favor OF leaving the
people free to choose their own laws.
The special order-the bill providing for the ad
mission Of Kansas was here takeR up and postpon
ed until Monday next
MIR. Benjamin rose to address the Senate HI
said he had supposed ere this he would have haC
official information et the position Of affairs il
South Carolina bat IN the absence thereof he should
presume that be had such information. The South
he said, had repeatedly warned She North that they
were driving them TO point tEae would by and BY
result in a separation, and for tins they had only
been slleered at and maligned. He (Benjamin) wish
ed to speak IN no spirit OF recrmination but to per-
form his duty. He would call attention to the
speeches he made four years ago. predicting this
result Mr. Benjamin here quoted from the speeches
he made in 1856. Ia which he said the time would
come when the South would throw the sword into
the scale with all the right of the sword because he
did not believe there could be peaceable secession.
He said that the words he had then uttered had be-
come true to-day. He would to God that the fears
OF civil war then predicted would prove only fears,
but from what he had heard it seemed as if the
other side Of the chamber desired to bring about
civil war. South Carolina had declared herself sep
arated from the Union, while other States stand
ready 10 support her or put her down. That is the
real issue and their IS use to disguise it. We
not permitted to ignore the fact that the deter
mination TO seeede is not confined TO South Carolina
alone for next week, Mississippi, Alabama and Flor
da, Will separate from the Union. week after
Georgia will follow. A little later Louisiana will
secede, and soon thereafter Arkansas
Now then, shall we recognize South Carolina as
free and independent State or shall we coerce by
force. lie argued that the people Of South Carroll
ma had right to declare themselves free II was
an inherent, jnalienable right South Carolina had
by the voice of her people. when they met in con-
venton in 1860 repealed the ordinance made by her
people when they met in l7e8. Mr.. Benjamin here
quoted from speech of Daniel Webster in the
Rhode Island case to show that convention of the
people duly assembled had proper authority He
(Webster) had said that compact was not binding
on one party unless the other parties to it lived up
to it, and that a compact broken by one could be
broken by all. Benjamin here quoted from Madison
to sustain his position. He Benjamin) said that no
one could find any article in the Constitution re-
quiring force 10 be used to coeree State. He re-
terred to the old Confederation and said that nine
States seeded from it for the express reason that
the compact between them was not kept and finally
all the States seeded but Rhode Island and North
Carolina, leaving them as foreignS States He claim
ed this as precedent IN the formation of the pres
ent Constitution, show the right of aState to Sc
cede Who was TO be Judge? Ii the compact was
broken IN pecuniary matter the Constitution
provided way 10 settle the natter but if it
was broken politically, the Constitution pro-
vided no way of settlement. He read from
the debates of the Convention which framed
the Constitution, TO show that the members
of that Convention refused to make the Senate the
judge of or to give the President power to veto the
action OF State-that they refused to give Con
gress the power to negative State legislation and
that they specially refused to give any power to CO.
cree States, yet, when the State Conventions came
to ratlty the Constitution, complaints were made
that the States were not sufficiently secure. 1t
must be admitted that certain political rights are
to the States but when these rights are
denied where Is the remedy? Suppose that South
Carolina should send two Senators here and the ma
jority should refuse to receive but one what power
can compel that majority TO repair the wrOngg Sup
pose that South Carolina should then retire from
the Union, who would say that it was a violation
Vi tuS NVHStLtutlOE. suppose, again, Lnat wrong
Is peFpetrated which does not appear quite clear to
the North, but does appear clear South Carolina
Suppose she is denied access to the Territories Is
she without anysremedy under the Constitution? If
there is none. then she must be the Judge of the
wrong and the mode of redress. He read extract
from an address delivered by john Quincy Adams
in New York, in 1888 in which he said: Nations
themselves must be the sole judge whether compaets
are broken;" and also saying that when all frater-
nal feeling was gone between the States, then it
was time to separate in peace and return to
their original state" He (Senator ReBiaminl |
said that sectional President had been elected.
who could, with the aid of sectional Senate. grant
all the benefits to- and appoint from one section all
the officers in the gift of the Government and thus
ruin the South Suppose that South Gapel;-,-
tim that does not after the issue whether we shall
permit her to withdraw or force her back. in reply
20 the Senator from Wisconsin, (DoolItte) he (Ben
amin claimed that citizen was bound to obey his /
State Government. The Republican Senator's say |
hey will net cOerce, but enforce the laws against
how can they punish an individual I
n a State for treason? Where they to find a |
udge and jury to do when all the citizens in the
State think he has done right? He (BeIjamin) said /
hey could not blockade port without declaring
var. They could not embargo one port without
closing the other. He claimed that neither Congress
Tor the President had power to go into the State
With a military force without the Intervention of
he civil power. Some civil process must precede
lt IOfCS. dFSucu tldt tley WOuiu nOb
Ollect the revenue by force. 7 treats were only
'retext to cover up the real question, which is
10 other than this Shall acknowledge the
Independence of seeding State, or reduce
Ter to subsection by war Mr.. Benjamin
lei e read from Vattel on the Law of Nations
o show that the bypocritical keeping Of contracts
of avail, and cited the classical case where
arty promised not to steel against captive,
nut smOthered him. Mr.. Benjamin closed his speech
With earnest and eloquent appeal to the Republi
IL ~,
he Constitution deny the rights Of the South to
lave proDerty-to encourage the robbers of that
call Shareholders thieves and murder
rs-to deny them the right of transit and to aceu-
nulate dangerous population in their midst He |
esought them to let the parting be in peace, but if
hey would pervert the Constitution and undertake
o subjugate the South. then. appealing to the SUI
irene Judge. the South would meet the issue as
est becomes freemen. He could not foretell the
ssue of such horrible contest The fortunes of |
might not be adverse the people of the South
heir cities might be set fire, and Instructions
night be stirred up to add to the horrors Of civil
var, but the North could never subjugate them. |
hey would never convert her free of the South
nto yassals. They could never degrade them into
he condition of a servile, inferior race-never
ever neycrl
As Benjamin concluded his speech, he was greeted |
With uproarious applause all over the galleries.
here were shouts cheers, waving of haDdkerchiefs
nd hurrahs, and the greatest confusion and excite
nent prevailed.
Mason as soon as his voice could be heard above |
he uproar, moved that the galleries be instantly
leared.
This motion was Immediately seconded by num-
yer of voices, amidst misses and whisting in the
-allery.
Bright in the chair, ordered the Sergeant-at-Arms
o clear the galleries.
The Misses now again broke out.
Yulee moved to adjourn.
Mason hoped the Senate would not adjourn until
he dignity of the Senate was asserted.
The ayes and noes were called the motion to
lear the galleries. The motion was carried, and
he Sergeant-at-Arms cleared the galleries.
The motion to adjourn was lost Yeas Is, nays
Mason said that he did not intend that the ladies'.
-alIery should be cleared
Baker, of Oregon, here got the hoor, but yielded
o motion to adjourn, when the Senate adjourned
i'll Wednesday.
HoUsE.-McPherson asked leave, but objection
vas made to offer resolution to call on the Secre
airy of War to inform the House what transfer of
lannon's munitions of have been made from
he arsenals since April, 1860; what sales Of arms
lad been made subsequent to that rinie, and TO
whom, and whether by pubic or private sale.
Mexican, of New York, asked leave TO offer the
following: Thatthe several States do not ordain and
establish this Government; that 1t not made by
he people of the United States in order to form |
more perfect Union, establish justice, ensure do