The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-03
TlSlRTY-SIxTB CONGRESS-.
SECOND SESSION.


All the galleries crowded before eleven O'Clock
All the Hobbies full Of ladies' and large crowd
gathered outside the doors.
The question OF roee--thc Pacific Railroad bill
being special orocr-aaa mr nakes having tho floor
On unfinished business Pacific Railroad bill made
the special order for Saturday.
SPEECH or LIZ. BAKER.
sr PAKER (rep) Oregon proceeded 70 speak Of tho
great responsibility which ne felt in speaking in such
presence he compliDorted tho speech Of ,na senator
from Louisiana . being the brst he had heard; bat
still il reminded him Of what was once said Of fsuois
bck-tH Ia the beat way that could DO said
What never ought to have beon said at all
The argument Of tho Senator goes 70 prove that the
government ia OF avail, and that tho Guion was
actually dissolved He hoped his purpose was higher
lie hoped to contribute his poor argument TO sustain the
CIV epm, 1T under which he lived and under which he
hoYea He desired to show that this government
bs,ant al power sovereign In iis sphore-a Union
rlrh Il sci n,otection It's constitution Is psrpetu.
" and Fewer Is equally capable Of being exercised
against domestic treason ard foreign foe Ho would
say lss that the argument Of tho Senator (enjanin)
wns pton that tho constitution OF tho
Lp,ed Satee compact between sovereign states and
hs.ce arg that the compact broken By state
ihst =, tf Carolina nay withdraw from the Union was
argument II was repetition OF the famous dis
led by Calhoun He denied, as Webster, Madison
Jackson had ucnied that tho constitution was simply
com, act between sovereign States He referred 10 the
authorities quoted by tho senator from Louisiana being
aeta from MaGiss show that he opposed To uul
lA, ation M Baker proceeded argue that 5tr. Madison
sayuresn Sts isesa from weSstSrs
woke the opinion that state had right 10 dissolve
rs retion 10 the general government, and there coud
ne 40 secession wthoGt revolution. He then claimed
that according to Mr. Webster the government
ecSerment Of the whole people, formed by IN.
nuagcNtioo would apply TO secession, for Sc
ces-.pn tesrs The Same relation TO nnlih-
ca. = a. biography bears to history; somebody
al history visa biography with tho brains knock.
81 cut nuliicatoa was seceasion with the brains
kr,cked ont To then referred the by
he .,nala from address made by J. Q Adams, and
SAID The Senator rnwttngy left out the first part,
etre he said that Iulcs4tion was an idea too absurd
Tor gument AM too oous for discussion, aud the right
81 state to aeeeo equally absurd lie then read tho
close Of Mr. Al ANS address, to tho effect that tho
United states md the United stace though doubled in
numbers, IRE sil enc people He then referred 10 The
form attempts Il south Carolina 10 10 what sho
she has done now. Was the President OF the Usited
states ready 90 his whole duys Whether there
such President now he woula leave for others TO deter
mme lie sead an esiract from the proclamation oi
Jackson. 10 (Mr. Ekcr) denied the assumption that
States were sovereign, or the government sovereign.
There was but Sovereign an that
the people, and said all arguments bastd on the
sovereignty u state faacy He said the consttu-
un,,ed states ma not hy the states Tho Senator from
LOUISIANA had read Va,t to show that sovereign state
could with iraw from the compact In answer h. you'd
s.y that South Carolina not sovereign state and
.o,ght al arguments made with special reference TO
iur p,on toversgItiss not exactly applicable horc Did
eese.sn under the cosst..u,ions Mr.. BENJAMIN had
ask'd # South Carolina sent here two Sena-
iasr said he thought South Carolina should first
ask for such exclusion but said he supposed the
ne w w. sh s Vr so ad rsS 70 % ss
lie said the right ct representation was naena.
he anc peytinaccusly ienied may BE- repeod by all
the force of ihe state, but such right y rebellion and
voutiorary. IIo asked again IL the right T. scccd0
prang ont OF tle constitution. Mr. Benjamin referred
tim % the nn, and esih amendments TO the consiitu-
ton
yr PASrr--rocs the right to seoede spring out Of
| bei,lg e. tie col sttutong II 80, where siI
NJ rrNsaxry suppose ,he s. nator win scarcely deny
that he have reserved TO themselves, under tho
cens'tG,in every sht not espreasy dencd 20 them y
tho o. tion and aay tho ninth and tenth amend
Tho constitution recognise the very right which
a m.
Ear IN s being true that the States had reserved all
rhis delegated they did not reserve anythipg, and
INST, made By the people, aud the
| u any are by the people
MIR inSyAMSI ask the Senator, whether or NOS aites
the constitution had been framed, amendments were not
proToed by nearly all the Sfaoe TO meet the very con
strlcton for which am now contending and for main
srgues the amendments stating distinctly that the
meaning Of the constitution not that the government
Of power by the states and Tia people Of tho States
ectved 10 themselves the powers not expressly deSated
Mr.. insrn-1he answer to that is that N the fun
light of that amendment, every argument which nave
advanced fion Jackson, Madison, webster and Adams,
all united in tho proposition that shs ~ goye.nmsss
Of tho people OF the States being one covenant
made by them. .
Mr. irJ.yr called the attention 70 tho seventh and
apt article n the consiitution and asked what WAS the
meaning Of the words between the StateeS'
Mr. EExs--Ihc constitution made by the people
in tho fret place. and W 10 ia ratified BY them In the
scco, place hut AJAX over again, the right 70 81
right growing out Of the constitution isselff
-, whefef What is that provsonf ! am not now
1rps 10 hunt for any vagrant and doubtful pcwcs
esk, when state proposes 70 secede, oresx UP me
uhou declare war drench these confsieratcd atea -
blood ask they claim Il constitutional r'ehts
the word the page, the place, and meet with ~
reply. =.
NJ rrynxrS---n the right Of Secession EXISTS Al Al,
revolutionary not, B STATE right. The question
whether cxts Under the constitution can only BIZ DE-
ermrrg the powers prohibited 10 the States, and next
examining vhethes tho POWERS not prohibited sre 70
served,