New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-03

am not now going to hunt for any vagrant and
doubtful power. ask, when State proposes to Sc
cede break up the UniOn declare war, drench these
conedeTated States in blood, ask If they claim 1t as
a constitutional right ask for the word the page,
the pIaoe, and meet with no reply
Mr.. BENJAMIN. the right of secession exists at
all revolutionary not, II is State right The cues
tier whether il exists under the Constitution can only
be determined by examining the powers prohibited to
the States, and next, examining whether the powers
not prohibited are reserved.
Mr. BAKER said he thought we should not gain
much by pursuing this line Of questioning
\ message from the President was here received.
Ate its announcement. Mr.. Baker proceeded
Mr. BAKER said the difficulty seems to arise then,
from different construction of the Constitution, and
chiefly from two thingstst the construction of the
clause relating the rendition OF fugitive slaves; and
second, to the manner of governing the Territories,
which Slavery from those Territories either
by the General Government or the Territorial Legsla-
ture. Now, Sir, think we have clearly the questions
that 10 be debated between Now, what is the
construction which we have given to the Fugitive
Slave law, of which the Senator complains have
already answered that question. We gave construc-
tiou to Il! and the question was brought before the
Supreme Court. We Overruled, and we have
obeyed that decision Loyalty ever since. And We have
never endeayored TO repeal H. nor have We party,
endcavoTed TO defeat its execution Nay, If had,
that is not within the Senator's court because, does he
not say the difficulty arises, not from malexecution,
but from differences of construction OF the Constitution.
Now, to begin, will quote from Mr.. Lincolu, man
who is about to be inaugGrated President of the
United States, man who seeks TO make his Opinions
known upon all proper occasions, a man VINO, Tor
directness of purpose, is not surpassed in this
country. whose honesty has already passed intoa
proverb? You viii fud i'll the history of the debates,
unsurpassed in the country, between the distinguished
Senator from Illinois (Alr Douglass and Mr. Lincoln,
that he asked, for obvious purposes, what his
opinion upon this Fugitive Slave Law, and he
replied do not now, nor never did stand In favor Of
unconditional repeal Of the Fugitive Slave Law;
and Sir echo him. not because he is President, but
because he honest, wise and reply with him,
Senator on this floor, repeating what believe to
sion Of party l. too, say have not been, and never
will be In favor Of unconditional repeal OF
fbe Fugitive Slave Law Again, Sir, since
the passage of this law, the Republican party
has sprung into existence we have had two great
political campaigns. In the one, unIled, and unOr-
ganized without reasonable ground for hope, AS
fonisbed ourselves and the country by strength In
the other gatherDgtogether all the irresistible elements
of freedom in the North and West, we have OBJ
tanned great political triumph, which we intend to
10 use wlseley, and which we intend TO guard
well. Now, Sir, have we in our platform, or in any
resolution, or by any bill, nave we evinced dis
position to repeal that Fugitive Slave Law Do
we not abide by it all occasions? Though
many believe it is a hard bargain, yet it is 50
nominated in the bond, and we VIII endure
it. When make these statements what rs the reply!
1t is said, While your latform does not propose to re-
peal the Fugitive Slave law, there States which
pass Personal Liberty bills. Will gentlemen listen to
om calm, frank, candid replyi The whole North is
opposed to notification in any way, or upon any sub
ieet and we will yield obedienee-whieh Is better
Svoni than submisson-we will yield obedience TO any
provision of the Constitution of the United States as
j. construed by the ultimate tribunal and that has, we
under stand, declared that law 10 be constitutional H.
then, States have passed laws IN VIOLATION OF
IT. preventing il, hinder or defeat IT, In my ludg
ment and what is Of infinitely more consequence,
che Judgment Of the whole Northwest those
laws ought to be repealed. Not because South
Carolina threatens-nc, because Louisiana VIII Sc
cedbut because desire TO yield obedience to those
high obligations Of right and duty But the honorable
gentleman knows very well that there is great debate
whether those laws in any sense unconstitutional
we are told that some of them made before the
Fugitive Slave Law was passed we are told that tue
Troyitiops of many of them intended to secure
personal liberty Independent of any question as to
Fugitive Slave law, but whether that be so TO any
extent or to what extent, we say, If shall be
nToved before any competent tribunal and most Of all,
before the Supreme Court Of the United States, that
these laws do hinder delay defeat the execution Of
that law we will say let them De TeiT nIacs
with some knowledge OF the Kepuoheah
xa1ty-speaking by uthority OF the President
elect but because have known him IRON my boy
Eoodi say that whenthe time arrives when Re shall be
fnauuuraed In this Capitol and exercise, in the chair
of the Chief Magistrate all the high responsibilities
and duties of that place. that he will enforce the exc
cution Of all the laws Of this Government whether
revenue or fugitive slave law Territorial or other
wise with the whole integrity Of his character, ana
the whole power Of the Government. Now, ask my
friend if that is not frand frank reply TO any thng ne
may say about differences OF construction a"ou' VIC
Nj. BENJABIIN-If were in a courtroom, and
moi in so grave place this, might quote to my
friend some lines of Hudibras about those VINO snner
from the law not having favorable opinion OF It, But
refrain. ., +,
one Of the objections because the State Of South Caro-
lima herself through her only authorized exposor, Ihe
<CLorleston MreHry declares aud has declared, that
she believes the Fugitive Slave law unconstitutional
ANY how, one Of the most distinguished OF her sons
Mr. Rhett repeats with emphasis, the same remark.
And the distinguished Senator from Georgia Mr. lver
son said lately upon this floor that the South does not
complain Of any construction which tne North gives TO
that law The law is well made and carefully guarded
Now can that be the ground upon which South Carohha
IL going out Wlsbe bursth bonds which have bound
stoQeher for seventy year, because she does not thlk
we give the right Interpretation TO law which she
herself declares unconstitutional? Now, will Georgia
follow the illustriOus example Of South Carolina ana
desert the Republic when her representative upon TINS
floor declares on this floor that the North performs all
Its obligatioDsl Again, the Senator from Louisiana
CMr BeIlamin) points ont the construction upon the
subject Of governing the Territories First, we persist
emily refuse TO consider that we deny that slaves
are property. That is very serious charge, ana Is
frequently repeated and do believe that there are
people who perfectly convinced that 1t IL true But
the honorable Senator ought not to be one OF them
Nr. BENJAMIN-Does the Senator deny that is 30
M. BAKER, do, Sir.
Mr. BENJAMIN-That is precisely the proposition
set forth Oh that SIDE
MIR BAKER proceeded to quote from the speech Of
mr.. Webster on the bill organizing the Territory Of
Oregon, into wi in be intended to put the Wilmot
PToviso TO the effect that property III slaves rs purely
local and claimed this az the universal opinion OF the
Eorsb.
Mr. BENJAMIN ssid the South complained, be-
70 bedding property which wac recognized az prop
rfy at tho time OF the formation Of the Constitution by
all The States the North now undertakes TO say under
the Constitution, that slaves are not properly wheA