New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-03
XXXVITH CONGRESS.
SECOND SESSION.
SFNATE....V

All the galleries crowded before III o clock All
the Hobbies full OF ladies, ana large crowd was
gathered outside the doors.
The question of order rosetbe Pacific Railroad bill
being the special orderIand Mr.. Baker having the
floor on unfinished business, the Pacific Railroad bill
was made the 81 ecal order for Saturday.
MIR. BAKER (Rep Oregon proceeded to speak Of
the great responsibility which he felt in speaking IN
such presence. lie compimented the speech OF Tue
Sensor from Louisiana being the best ne had heard
but still it reminded them of what was once sali OF
famous books 1t is the best way that could De sid
about what never ought to have been said at all
The argument Of the Senator went to prove thaI
the Government il of no avail and that the Union was
actually dissolved. He hoIed his own purpose was
higher He hoped contribute his poor argument TO
sustain the Government under which he lived, and
under which he hoped to de- he desired to show that
this Government substantial power sovereign
in its sphere-a Union land not compact between
sovereign States which has right to seliprotection
Its Constitution is perpetulty, and It's power Is
equally capable Of being exercised against domestic
treason and foreign foe. He would say, hrst, that
the argument of the Senator Mr. Benjamin. was based
on an assumption that the Constitution OF the United
States is compact between the sovereign States, and
that he thence argued that the compact was broken by
one State. That South Carolina NAV withdraw from
the Union was new argument 1t was repetition
of the famous discussion led by Calhoun.
He (Mr. Baker denied, as Webster, Madison,
and jackson had denied that the Constitution was
simply a compact between sovereign States. lie re
fered to the authorities uuoted by the Senator from
Louisiana as he.ig detached OPINIONS, ana extracts.
and rear copies OF extracts from Madison TO show that
he was opposed 20 notification lie thence proceeded
- argue that Mr. Madison expressly dee Jared that the
Constitution was not a compact between sovereign
States. He read from Websters works the opinion
that State had right TO dissolve its relation 10 the
General Government, and there could be no secession
without revelation. He then claimed that according
TO Mr.. Webster the Government was Government OF
the whole people founded by individuals. He said
the argument made against notification would apply ~
secession for secession bears the same relation to nu
fcaion az biography bears to history As some
BODY said history was biography with the brains
knocked out; so ratification secession with the
brains knocked out he then referred TO the extract
read BY the Senator from an address made by y. "
Adams and said the Senator unwitingly lett out tue
firs part here lie said that notification was an idea
too absurd for argument and toe odous for discussion
and the right OF a State 10 secede equally absurd lie
then read the close of Mr. Adamss address, TO the e-
feet that the Constitution the work OF the peopls
OF the United States and the United States, though
doubled in numbers, still people lie then re-
ferred 10 the former attempts OF South carolina 10 90
what she SAYS she has done now. Was the President
of the Urited States ready TO do his whole
duty? Whether there such President
now he would leave for others to deter
nine He read extract from the pr0cla-
ton of Jackson He Baker, denied the assumption
that States sovereign tine Government sovereign
There WIS Du one sovereign and that was the people.
and all arguments based on the sovereignty of State
were iallacy. He said the Constitution itself declare,
il was made by the people OF the United States, and
not by the States. Tue Senator from Louisiana hac
read Vatelto show that sovereign State could with
draw from the compact In answer he would say tnai
South Carolina not sovereign State and though
all arguments made with special reference TO EuroDea
soveTeignties rot exactly applicable here. Did tn'
Senator TO argue that there was right OF see,
sion under the Constitution Mr.. Benjamin had askd
if South Carolina sent here two Senators and one wa
refused admittance He thought S. Carolina shouldfr.
ask cause for such exclusion, but he supposed ID
Senator meant if it were right for representative
be fraudulenty denied his his State bad right
He said r.
alenable and if pertnaCiously denied may be repelh
by all the force the State but such right is rehelu
aud revolutionary He asked again II the night TO 10
oede sprang out Of the Constitution.
Mr.. BENJAMIN referred him TO the ninth and tatt
amendments TO the Constitution.
MIR. BAKEk-Does the right 20 secede spring OF OF
or belong TO the Constitution? II 80 where ist
Mr. BENJAMIN. suppose the Senator vii sorce-
ly ceny that the States have reserved to themsees,
under the Constitution every right not express de-
MED to them by the Constitution, and say the nth
and tenth amendments to the Constitution recognp the
very right which claim.
Mr.. BAKER-I have been endeayoruR 10 showhat.
80 far from its being true that the States had resved
s rights no, delegated, they did not reserve anyns.
The instrument was made BY the people, and theese
vations, ii any, are by the people
Mr. BENJAkIN-fask tie Senator whstherer not,
after the Constitution had been framed. smcndments
very construction for which am now oontendi 81 ana
for maintaining the very proposition against wh,eh
tie gentleman now argues, tie anendmen's Haiine
distinctly that the mea. ing o. lhs non was ho'
that tho Government framed by the whole people,
but that delegation OF power by the Ststee and
the people OF the States reserved to themselves sSs
powers not expressly Delegated n.y
leht of that amendment every argument which lhs'e
advanced from jackson, Madison. Webster, ana
Adams, all united IN tho proposlion tnst this !. co.
their character Of people Of the States being one Goyer
ment made by thela.