Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-01-04

he read from letter Of Madison tending to show that
he did regard the Union constitutional compact
of States and believed that this position was maintained
| by Jackson and Others.
lie reviewed the position Of Mr. Webster, as stated by
Mr. Benjamin 10 the Rhode Island case but would have
expected that Senator quote from the debate on seces-
sion which had rendered the name of Mr. Webster I'M
mortal He read from that debate, showing that 1t vas
contended by Mr.. w. that the Union in mis- opinion,
was government constituted by the people and not oy
the States He then referred to the speech alluded TO
by Mr. Benjamin, made by John Quincy Adams, as sup
porting secession but read the conclusion OF hat speech
unmutlaed proving that Mr.. Adams said that secession
was too absurd for consideration, and that notification
was but little better.
He quoted also from Andrew Jackson, whose memory,
he trusted the Senator from Louisiana would revere ana
| he argued that States were not soveregns. Andrew
Jackson during attempt made by South Carolina 10
secede was a President who dared 10 do his duty ne
could not say in this instance such we're the present
case he thought that of the great mistakes OF the
Senator from Louisiana that the Union was compact
of States and that the States sovereign He denied
this The States sovereign. The Federal Gov-
eminent was not sovereign The only sovereigns were
the people. We not sovereign here Oregon and
South Carolina were sovereign. The whole idea OF
this sovereignty fallacy from beginning to emo
The Constitution not made by sovereign States but
by the people of the United States. The Turks were
wont to say that there but one God, and he would
say that there but one soveregn-the people, lie
would inquire OF the Senator from Louisiana there was
| o constitutional right 70 secedsy
Mr. Benjamin said he had supposed that he had been
explicit on that point. He did believe that there was
constitutional right to secede.
Mr. Baker would ask the Senator to name the place he
found that right in the constitution.
Mr. BeDiamin said that in the 9th and 10th amend
ments of the constitution such right could be found
Certain rights delegated to the federal government
were reserved by the States.
Mr. Baker denied that the States had made any reser-
| walton. There such thing.
Mr. BENJAMIN read f. IN the last article Of the consti-
tuition aud the amendments conendng that the right to
withdraw by S ate recognized when the compact
| had been violated
Mr. Baker proceeding demonstrated that there was a
right of rebellion but argued that there was no oppres-
sion or cause for rebellion revolution IN the case OF
South Carolina. The Senator from Louisiana had pre-
sented dreary catalogue Of what he Mr.. BeDjamin)
termed grievances of the South but the only two aleg
ed points By the Senator the fugitive slave law aud
The government of the territories. He would ask the
Senator if there any more alleged grievances.
Mr. Benjamin said that he enumerated six in his speech,
| and could name more if nee sslry.
Mr. Baker said that when the weary catalogue of the
Senator had been gone through WITH and tie prop
osions which be mentioned had been included, the
whole question narrowed down in the Senator's own
words-"a difference TO constitutional construction
and the violation of the fugitive slave law This the
difference So far the fugitive slave law concern
ed he quoted Mr.. Lincoln in his debate with Mr.. Doug
las to show that he (Lncoln) not never had been,
and never would be in favor of the repeal of the fugitive
slave law. He Mr. Baker, would say the same thing
here; he not in favor of the repeal OF the fugitive
slave law The North being opposed to notification he
in favor of repeating all of the personal liberty bills
which were unconstitutional and which might be 30 de-
ermined BY the Supreme Court The republican party
would maintain this position and in the execution of the
laws would act wisely and guard well all provisions Of
the constitution Referring the elected President he
said that Mr. Lincoln would be inaugurated on the 4th
OF March, and enforce all laws whether they be revenue
territorial the fugitive slave laws and from what he
knew of Mr. Lincons integrity-and he had known him
since he was a boy--he would enforce all of these laws
if he did so with the whole power Of the government
The republican party would enforce the fugitive slave
law. Was that satisfactory to the Senator from Lou
a0a?
Mr. Bepjamin-It is not at all satsfacory-not in the
slightest degree
Mr. Baker proceeded to state that slavery was the
creature OF local law.
Mr.. Benjamin said that in the committee of thirteen
the republicans voted down the proposition that proper
! ty could be held 10 slaves.
Mr. Baker quoted Clay and Cass in support of the
publican theory that slavery the OF local
Jaw and quoted from the South Carolina Senators to
show that in 1850 they desired extension of slavery
but wished the policy of "hands OFF, adopted. He quo
ted Mr.. Rhe OF South Carolina declaring that the
fugitive slave law UNCONSTITUTIONAL and paid
lOgv TO hr Clay. Before concluding he gave way until
tomorrow, resumug his speech at p H., with the
| Outstanding that Mr. Douglas IS to follow.
Mr.. DAVIS offered a resolution in effect that whereas
by the second and third article Of the constitution the
militia TO be a security to the free States, aud ind
recty provided that State may in time of peace keep
troops and ships Of war; and by the 18th clause, lst
tce the jurisdiction Of the federal government is limit
ed
Therefore, resolved, That upon application Of the
State either through the convention OF the people the
Legislature asking that federal forces may be withdrawn
the President of the United States shall order the with
drawa OF the federal garrison, and take all needfu Sc
curly for the safety OF the public property there remain
ing.
RESOLVED, FURTHER That whenever State, in conven-
ton lawfully assembled shall that the safety Of the
ate requires that she should keep troops and ships OF
war; the President of the United States is hereby direct
ed recognize the power OF the States TO do So and 10y
proclamation give information to all Of the parties
cerned.
Thes, resolutions were laid over and the Senate adj
jourued
HOUSE OF REPRESENTATIVES.
Mr. Stokes of Tennessee offered a resolution that the
Committee of Ways and Means inquire into the expe
dency of repeating the act of 1856 for the compensation
of members OF Congress Referred to the Committee Of
Ways aud Means.
The House then took up resolution offered by Mr..
Davis of Indiana Monday, ustructng the Committee
the Judiciary to inquire Into and report to this House
any time what legislation, has become necessary on
the part OF Congress in consequence of the secession OF
and potion assumed by South Carolina.
| Mr.. Holman of Indiana, desired to OFF, amend
ment but Mr. Davis and withdrew his resolution.
Mr.. Sherman raised the point of order that the reso-
lutons could be Withdrawn, the Chairman ruling that
the point of order not well taken
Mr.. Sherman appealed, but after some discussion,
withdrew the appeal and renewed the original resolution
of Mr. Davis.
Mr.. Bocock raised point of order that Mr.. Sherman
could not offer the resolution this time. long dig
| custom eusued on the point of order.
The Chair decided the resolution OF Mr.. Sherman to
| be out Of order.
Mr.. Sherman took appeal from that decision.
| Mr.. Adrian moved to lay the appeal on the table,
which decided in the negative-yeas 70, nays a.
| Mr.. Valandighlm moved that the House adjourn,
which was carried with the understanding that without
further obstruction there should be a the ap
| peal tomorrow at =. VI.
| FOREIGN ITEMS.
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