Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-01-01


Mr.. Benjamin, Of Louisiana, rose 70 ad
dress the Senate BE said he had supposed
ere this he would have had Official infor-
nation Of the position Of adairs In South
Carolina, but In absence Of Il he should
presume that be had such information.--
The South. he said, had repeatedly warned
the North that they we're driving them 70 q
point that would result In q separation, and
for this they had only been sneered at and
maligned He, Benjamin, wished to speak
in no spirit Of re.orimination, but 10 per-
form his duty. He would call attention 70
the speech be made four years ago, predict
ing this result Mr.. Benjamin here quoted
from the speech he made in 1866, In which
he said the time would come when the
South would throw the sword into the scale
with all the rights Of the sword, because he
did not believe there could be peaeeable se-
oession. He said that the words he had
then uttered had proved true to-day. He
would to God that the fears Of civil var
then expressed would prove only fears, but
from what he had heard Il almost seemed
as If the other side Of the Chamber desired
TO bring about civil war. South Carolina
had declared berself separated from the
Union, while other States stand ready TO
support her OF put her down. That is tbs
real issue and there is no use to disguise
H. We are not permitted to ignore the
fact that the determination to seeede is not
confined 10 South Carolina alone, for next
week Mississippi, Alabama and FlOrida
will separate frem the Union.
4 week after Georgia will seoede, and
little later Louisiana viii follow, and
soon after her Arkansas. Nov then, shall
we recognise South Carolina ss free and
independent State, or shall We eoeroe by
force2 He argued thar the people Of South
Carolina had a right 70 declare herself
free. II sfas an Inherent, inalienEble
right. South Carolina had By the voice Of
her people when they were in Convention
in 1860 repealed the ordinance made by her
people when they met IN. Convention in
1873. Mr. Benjamin here quoted from
speeon Of Daniel Webster IN the Rhode
Island case, 10 show that a Convention Of
the people duly assembled had proper au-
thority. He (Websier) had said that 3
compact was not binding on one party IN
less the other parties 70 1t lived up 70 it
and that compact broken by one could be
broken by al.
Mr.. Benjamin here quoted from Mr.. Mad
ison to sustain his position. He (Benjs-
mini said that no one could find any article
in tie Constitution requiring force 10 be
used to coeree . State; be referred 10 the old
confederation, and said that nine States Sc,
caded 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 foreign States. He claimed this
as q precedent in the formation ofthe pres
ent Constitution, TO show the right Of e
State to secede. Who was TO Re tee iudRe2
If the compact was broken in pecunlary
matter, the Constitution provided a way to
settle the matter; but If it was broken
politically, the Constitution provided no
remedy, he read from the debates Of the
Convention which formed the Constitution,
to show that members Of that convention
refused to make the Senate the judge Of or
give the President the power to veto the
action Of State, that they refused to give
Congress the power to negative State legis-
latiOn, and had specially refused to give
any power to coeree States; yet when the
State Conventions came 10 ratify the Con-
stitution, complaints we're made that the
States were not sufficiently secure. Il must
DC AQluAtlC4 NAla IDAAulaa poAAsAOAA AN9 eAAN
guaranteed the States, but when these
rights are denied, where is the remedy p
Suppose that South Carolina should send two
Senators here and the mejorityshOuld refuse
to receive but one, what power can compel
that majority to repair the wrong Sup
pose that South Carolina should then re-
tire from the Union, who could say it was
violation Of The Constellation Suppose,
~ su v.a.-r,okranfnN uThfrlN,
| does not appeat quite clear to the North,
but does appear clear to South Carolinss
suppose she Is denied access to the Terri
tories, il she without any remedy under
the Constitution? If there is AeRe, then
she must be the judge Of the wrong and the
mode of redress. He read an extract from
an address delivered by John Qui5aov
Adams, in New York, in 1888, IN ,hicb he
said nations themselves mHS' bs tbs sole
judge whether eonpaets .ro bTolsn. and
also saying that xAs- al e fratsTnaI feeling
was gone betEesTlI the States, then it was
stls. ~ = y =. ate in peace and return 70
'nS11' ~ wy 4'> nal state
BENJAMIN, said that sectional Pres
'O, snt had been elected who could with the
sid of sectional Senate, grant az the ben
efts to and appoint from one section all the
Offices in the gift Of the Government and
thus ruin the South. Suppose that South
Carolina. errs in believing wrong has been
done her, still that does not alter the issue
whether be shall permit her to withdraw OF
force her back. In reply to the Senator
from Wisconsin, (Dooliltle) be, Benjamin.
claimed that q citizen was bound to OBEY
his State Government. The Republican
Senators say they viii not coerce q State
but enforce the Laws against individuals
But how can they punish an individual In
State for treason where are they to md
Judge and jury to do 50, when all the citi
zeps in the State think he has done right
he. BENJAMIN, said they could not blockade
a port Without declaring war They eonlf
not embargo one port without clashing tn
other. He claimed that neither Congress
nor ths~President had power to 60 into tn
II State with q military force without the in
terveution Of civil power. Some civil pro
cess must precede the military force. d
areued that they could not collect the reVe
nue bv force. Threats were only pretext t
cover M the real question, which is n
other than this-shall we acknowledge th
Independence of q seeding State, or reduc
her to subjection by war. Mr.. Benjamin
here read from Vattel to show that tn
Hypocritical keeping Of compaets was Q
no avail and referred to the case Of Rhad
amizens, who promised not to use stee
against captive, yet smothered him.
Mr.. Benjamin closed his speech with a
earnest and eloquent appeal to the Repub
lica1 Senators. BE said that they claimel
right under the laws to deny the right
of the South to slave property, to encouT
age the robbery Of such property, to cal
them thieves and murderers, to deny then
the right Of transit and to accumulate
dangerous population in their midst B
besought them to let the parting be i
peace, but if they would peryert the Con
9 stitutiOn and undertake to subjugate th
South; then appealing to the Supreme Judge