.AO , To Uir. IVoplrjor.IIic South- - em .Male: .'4.-. S .wrral r. wou!d Late rcxrrnted me fna taJu? any notice of Cd. Benton, if hi attack ia htv bit? aprath iM ire rod In the Cbj ital cf Missouri had bYn dirveted carlo- ariy agaui tac- 1 iLc l:xs cl conduct I j hare p rcscTital.to tu.clf, iq rx& rcxice to j Lira ks l bare as litllo (a Jo with hiu I rw-Vef .aa J, laccorJInrlv never notice I . wLi! come fn ta biro,' tun ia Li character J ' ju Senator,: when I can avoid Jaiog so am- other r Congress, would not only be is vio (uentl. with my pallia dut. I regard Utiow of tbe constitution, but in direct con- ua ia a biatterr d.Stttat rro wuat be .v:ut to mrird tac, f t cut jcJj from 4iie fnxii'0-r aaJ riwitne of Lu mlUcka on tm lid cw lJ tLInk I in LU wav, &-J ilut I cv-' gwJ in some xLctue to p-u Xun daw a.- I, oo tlx oi&trarj, Lart pTr, r a ta-jsoeat tiouht of raliti aim xvaiuImJ it of anj importanos to lu, htiwr tiuTJ put ilovn or not. He a oil ti:ak joactliio to jrain ly a- iaii-o fc-l; I, o tLe ootnrj, il-1 tkoi I Jut njtLn .j pw'o by n-tkia liica, anl wln eoTupeikd to J.j i) ant tlalf if 1 mp5 tritlttt numoiowa' of rlf rwinxl" "I Ltr aa 4lk r rvaoa fur nt dcyinnjr la n In8 Lira a t!' jrv-vut rx4.4n.; All bi htrg i-unitw, with fcvtsJ triSinjcx- dfji.jct, tr bt tLe rviu-rctioa of tbote of tn taaJt bTfcfr bjr Liuie!f anJ other, 3. J wbkh I ban? met and stuxcssfallT rc roHI ia mr lUeo in " tle Senate. Tint tlrfj mo.k D- iinprriAn againt roe at tlie Lu, euLer in tbe Se-tut or emuinunitr. ' i lacn? nn h Wtter proof than U a5rJol cbarpable with di.unKu ? CV1. lien ton baa in tbe Uborioo and iireorae e2-rt be made hw own wny of proving things which ap Itr bis pe:nt pech to revive ao-J give them pears to bo very satisfactory to himself, but circulation. " n one, who will take the pains to exam- UuJt t!r it.Saenee of tlu'sc rert"n, I iue hi artions and nraaons. woulJ have rvcuinsd nik-nt ha I I alme bven iKpoiring of finding any thing like di-eooficmL- llA siieh i not the eae. Hi union in the resolution thctnelvca, be ick. blow uwm'J murU more at you than me. . lie stnif at me K-r the double rumwe of ' wraVfoia roe in your cjuEdcTxe, and of - rat axrt., that they arc the prototype of s.rILin ai voa and yn:r cau thoa-h tn ; ih alipteI by the'lMature of Miou wluh be thiui tin dne more cff-.-ttnal. ri at thnr bt slinn, aivl then aswert that j io-lirxflr, tlucdireetly. Tbu rrgnrdin the only ditfercnee between them i. that hit aJttrk, I f 1 h to be a daty I owe Jimi mine aim directly at disunion, and their ul iii'lrcttr ea-He la rvpl it. i titnaUly at the same thin, for which he Tbe.clT-Trt of (VI. Ilcnton, from the U- offer no rex-ton, except that their pletlgeil pnxx'o to the end cf hh npchf i to male ; the Sute to co-ofcrate with the other slave cat that I lave ever bei-n onfaithftd to your I holding Slate.. He thu avurae, that yonr eanse, aa l true t that of the free soiler aim a well a mine, i disunion ; and tin, and. abotitlonlstf ; whn. on tbe contrary, while he is exerting biiuAclf to the utmost frnx in V.za an unkorwn but faithful to discredit me with you, as a disunionist, fneo-1 on all occaeiuai. He aume, that f.rit i apparent his speech wx intendevl to j -xx anJ the have been both mistaken in I have it effects on you generally a well a reference tJ lay oorse: yon in rrgarding his own constituent. particularly He then las as a friend and supporter of your eaue, aa-1 the ra reirdicg mo as hostile to their. Judd b ap'xearanje, hi object would l"m tj l to iLjm I this ik-liuioo, while in f las as a friend and supporter of your eaue, Ircth tt i. to rive ya and your caa wh-t he boj" will prcr dealltl jw. Tlii the ali!Itjoolta anl ftee m.ilvrs well underjlaml. j them, but decrive voa. Tbey understand ' trr; and bare Lnd with acclamation hi fpetxh, 2U"vi r ULhl it and circuU'cvl it far aal near, alg!'riSl itwtrvJ it au'h. r to lb akie. Tbey r-jo:e-? ia theKlnf, tUt it ta. dctuo!ihd tu. an-I th's l o, while it bolls oe op as the truest and bot friends ' U' Ikif u: It remain; to be seen, whether yea will un drtand btm a rfect- It a tbr d", and will ncet tbe r,cth. s.j las!el by tbnt, vtitb the rtrrolation due to -tffruou-ry and decrtin. It is n t the Crst titn; thai a deserter lix ba.1 the avur- a&c ta address thw be de.rteJ, and while c-ant and uneompmmising course, that I of pofneing regarl f r their cause, dcnmneel fcred my resolution". It wx, then, they thefe wb j rectaJu ! faithful to it. The h:s- and not me, who took groun-l against com loey 'cf oar rrr.dati.Tn farni-hes a ntcrioas pfmic or adjustment So far from this tnsUncc of th kind. The deserter in that being true. I have even been in favor of any iostacce, foiled to deceive those whom he fair adjustment, which was consistent with addressed, or to !toke their confidence in your constitutional rirbts. Of this I gave lbce wla rvmalttcd faithful to them, an-J Tery strong proof at tbe very next aeswinn, urvtum fvT" bis effrontery alid desertion, by supporting that bill reported by Mr. Lave sent bis name down to posterity with Clayton, which left the decision to the adju rrprobaa. It remains to be seen, whether d .cat ion of the courts. Tbe Kill would have rich will l tie fate of the deserter iu this , passed but for hi associates, the abolition las'asce. ; I its and free-filers, and. the question in con- He oimmcnoed bi speech with attacking trovcrsy between the two sections in rtf tr ibe rraoUtijos I cffercl to the Nrnate the 19ib February, 1S47, aadehargt that they wrre introduced for the purpose of dlmnion. That joa mar jadge fjryourselrca, whether they are liabXi U tha charge or oot, I insert ' lVeC3 . - , mg the Lnion. '.--2rsv That the territories of the J Hut all these assumptiona were but pre Uoiuxl Sutea belong to tbe several States . liminary to a charge, still more audacious; eosnpung this Union, and are bell by them j thai I am the real author of the Wilmot aa their joint and common property. j IVoviso. He calls it the Calhoun proviso, i .Vst That Congress jml nJ says that I am better entitled to iU pa a nt artd representative of the States of this ternity, than Wilmot himself, which he ac if&ion, baa tv right U make any law, or ilo companied by strong denunciations of the y act wbaterer, that ahatl, directly or by , provi and a long enumeration of the many U effect, make anT discrimination between and great evils it baa inflicted on the coun- tLa State cfthli lnion, by which an or try I What cllrontcry l tie, iue avowcu Ihera shall be dejrivcl of its full and equal ; advocate of the Wilmot Proviso, accuses me -Sit la anr iernUrr of the United States, of beine its author, and denounce it in the acquired or t be acquired. ' ij-rsorrcUY That the enactment of any Li w which shocld, directly, or br it effixts, j deprive the eitlxena of any of the States of t Union frw trn'rrantin with their pro- - . . ..- m .1 . -.1 t-rx into aar of tbe territories of the Unit- ed fc':ateji, wul raale rach discnmination, and we add then Tore, be a Ttolation cf the constitution, and the rights of the Stales frota which such eiUtetn emigraieJi and in tie rogation cf thai perfect equality which bo- ; - - t thenl a roetn&crs ot tne union, an woaii UsJ dlrectl toirabTert the Union it r a flmcrJ TbaQ as a fandamental pnn cjv in onr 'p-'Hucal creed; a people, "in fru;"?5 cctistitotion, bare the uncondition al rl-bt t form and adopt the government wblsH thy tuay think: best calculated to se ctu liberty, prprity andbapplna; and that, ia cesf rnlt thereto, to rAhcr condl txti t4 i'ar?el bt 'the 'federal coastitatioa en a State, iaorder" to bcr aamuaion into this Union, except that iu constitution bo republican and that the impositkm of an HA- 10 Mil X J I 11 II 11 w II J II M VI II li; II. J I 1 ' , VOLUME I. 1 fiKtitb the trincinle on which our political I fjtou rests.4 iLcj are. aa joa eef confined w asacrung yriiK"if.I appertaining to tbe nature ana . character ol our jjsteia of government, and ual;io inferrncca clcarljr deducible from tbcm ; and which are of vital importance, in tbe oumtion betvren jou and tbe North, in rrULioa to tbe Wilmot Proviao. If tbe facta be, a tbe nmolutioos stated, there is no de njin the inferrnce; and if both be true, then rour right to emigrate with your slates into the territories become unquestionable under the constitution. This be felt, and becce hU bitter denunciation of them. But be bx4 confined himself to denunciation without maLiog an effort to refute tbe reso lution b showing their cantain error, either aa to the facta avrtcd, or inference deduc ed. He koew that to be beyond bis power and prudently aToidcd it. liut, if the re.v lutio!t. be tnif, x he is compelled to admit they arc by hi silence, bow can they be a firebranJ. as he rail them, or be justly -j for it in the motive, which he gratuitously ai'ms to me fr drag in the Aecotumac redutions to prove, drag in the Accommac redutions Uiat the object i a Convention of tl crn State, arxl that ho a-wumes to coneluive, that dUunion is intende the South- be proof led by my reflation. He L ouite horrified at the idea of your meeting in Convention, in order to commit on tbe bet mmle of saving both tna Innw of fanatics, and the treachery of de- s.-rte should not make tbe latter irajjossi- ble. He next assert., in onler to prove that dUuniin U their object, that they render ihc alju.f mcut of the territorial question inipractia b'e, and that was my motive for infroilaciog them. He makes this a.- rtion, in the face of fact perfectly well known t him ; tht the Northern members. with a verv few honorable exrcptins, h wl rejected every efforts at compromise, and had declarol their fixed determination not to accept of anr. It was a;amt this arm- ence to temtones finally adjusted ; and yet, he knowing all this, baa the effrontery (to call it by no harsher name) to charge me, and not them, as opposed to any adjustment, and that too for the base purpose of destroy most unmeasured terms in the same speech, in which he praises it and declares himself to be in its favor! lie would seem to be perfectly indifferent of the recoil on himself, when bis object was to assail me. There is . .1.1 1 t t 1. - no term in the language, by which such a combination of insincerity, inconjustency, and brazen effnmtcry can be characterised, The way, in which he attempt to make out bis assertions, are in keeping with their character. He first assumes that the Wilmot Proviso and the Missouri Compromise arc identically the same, and then undertakes to prove, that I am the author of the Utter, and, of course, also, of the former. This must bo a piece of strange intelligence to Mr. Clay and his frienda; and admirer. I had supposed that thorq was' no doubt whatever as to his being the real author of the Missouri Compromise. It was he who devised the measure,- intro duced it into the House of Representatives, carried it through, "by his address, and glori ed in the reputation of being its author, It is a little cruel to strip him of the honor of ASK. XOTJIIXQ THAT IS HOT RIGHT LINCOLNTON, N. being Iu'autLorat UiU Utedatc. inJ to'besl iiw iff ai TMiTi rfi ii vnn Yin rnf pvit kiik- i pected of being so until CoL Beaten discov ered it, " ' " - ' ; But, if he could really make out. that am the author of the Missouri Compromise, he must go one step further to make me the author of tbo' Wilmot IYoriso. He must prove tho two measures to be identical; this he has not done or even attempted. Instead of that, he has adopted his usual course of i' . i - . ? r ; assuming wuai ue is incapauie ot- prunug. It is a very easy way to reach a conclusion that is desired. In this, too, he has disclos ed his wonderful aptitude to see .what no one eTer before saw, or suspected. JXeretofore all bad supposed that they were veriliffercnt thing that a compromise was'essential to one, while the other necessarily" crcluded it that one pro-supposes a conflict of opinion between parties, on a question of rjgbt or expediency to have been adjusted on ground, in which neither surrendered its right or m ' at i Opinion. iue oiuer, on iue comnirjr, prc- SU ppOSCS a positive u.wi uuu ut rigui, ui I r. . .i. i. r-n : . opiuion, u toe exeiiiMou 01 an vuiupuiuisc. Thus in the case of the Missouri Compro mise, tha North and South differed on the constitutional question, whether Congress had the right to prohibit the introduction of slaves, as a condition of admitting a State into the Union. One contended, that Con gress had the right to iuipiso whatever con dition it might think proper on a territory, about to become a State, and the other, that it had no right to impose any, except that prescribed by the Constitution: that its gov ernment should bo republican. The North on that case waived the claim of power, on the proposal made by Mr. Clay to fix the Northern limits of the territory, into which i i i i on n ti.:.. slaves migm ue miruuucvu, aiuu. ov. a ma proposal, although made by a Southern mem ber, was taken up and carried by the vote of the North, and thus became, in fact, their offer to com promise. The South acquiesc ed, without, however, yielding her principles or assenting, or dissenting, as to the power of Congress, to exclude slavery from the ter ritories. It was a compromise, in which both waived, but neither yielded its opinion, a t the power of Congress. Very different was the case in reference to the Oregon bill, passed at the session pre ceding the last. There tho North contend ed for the absolute right to exclude slavery from all tho territories ; and announced their determination to do sn, against the efforts of the South to compromise the question, by extending the Missouri Compromise line to the Pacific ()ecai. The offer was scornfully refused, and the bill passed, without any compromise. It was intended indeed to be the practical assertion of the maked princi ple that Congress had the power to claim for it, by tho 'Wilmot Proviso. It was the first act of the kind ever passed, and was car ried by the desertion from your cause by Col. Ilenton and Gen. Houston. It is not surprising that tho former should be desir ous of confounding this far more odious measure, with the Missouri Compromise, a much less odious one, iu the hope of mitigat ing your deep indignation, occasioned by his betrayal of you, on a question so vital to the South. But ho hal another motive which will be explain d, hereafter, and which makes it still more desirable to him, that the two should be confounded and regarded as identical. When it comes tole explained, it will bo seen, that it was necessary that they should be; in order to extricate him from a very awkward dilemma in which he has placed himself. Job exclaimed, "Oh that mine adversary had written a book;" and well might I have exclaimed, "Oh that my adversary might make a speech." His adversary must have been very much like mine. Wo have never heard whether his had the folly to accommodate him as mine has liad to accommodate me. ' I have now effectually repelled his prepos terous charge, that lam the author of the Wilmot Proviso; for it is uterly impossible that he ever can show that I am tho author of the Missouri Compromise, or that, that compromise and the Wilmot Proviso are the same. But as he has made it the position from which to assail me with the charge of disunion, and thro mo you, including his own constituents, I shall follow him step by step, through the long process, by which he makes the desperate endeavor to establish his preposterous charge, by attempting to show, that I have changed my opinion, as to the powers of Congress over the territories. But my purpose is more to expose his incon sistency .contradictions and absurdities than to refute what he advances as argument If he could prove to a demonstration, that I have chanfnnl my opinion, it could have no weight whatever towards showing that my resolution aimed at disunion. Nor do I deem it a mat ter of any importance, in this connection, whether my opinion has or has not under gone, a change, in tho long period of 30 rears, since the adoption of the Missouri At that time, the power of Congress over the territories had received but little consideration, while for the last few years it has been a subject of vital inter est to you, and, as such, has been thoroughly investigated by myself and others," whose duty it has been to defend ' your rights -in the councils of tho Union, in reference to it. To substantiate the charge of a change of opinion, he introduces a copy of what pur ports to be a draft of a letter found among V SUBMIT TO XOTHIXCJ TnAT- J8 'YROiQ-Xlcl:son. C, JULY 27 f 1 849. the papers of Mr. Monroo. It is said to be in bis hand writing. It is without date.' not signed, or addressed to any person by name dui contained expressions, wmcu leave . no doubt, that it was intended for General Jackson. This paper was found filed awav with another endorsed Interroiratories--Mis- souri March 3d 1820." "To the heads of Departments and Attorney-General." It contained two Questions, of which the one pertinent to the present subject is in the fol lowing words : "Ilas Congress a right , un der the powers .rested in the constitution to make a regulation prohibiting slavery .in a territory t" Tbe 'only material sentence in the draft c-T the -letter, in reference to, the point under consideration is in the following words : "I took the opinion m writing oi the administration, as to the constitutiona lity of restraining territories, which was ex plicit in favor of it." These are the exact words of the sentence as finally corrected by its author. It is explicit as to tbe state ment, that the administration, as a body, vas in favor of the constitutionlity, but fur- nishes no proot wnatever ot its members being unanimous, and of course no evidence that I or any other particular member of the Cabinet, in its favor. Tlu3 deficiency Col. Benton undertakes to supply, first from the interlining, and next from a statement purporting to be from the diary of Mr.' Adams. First, as to the in terliniug, instead of the expression, which was "explicit" as it now stands, is read in the original draft, "and the vote of every member was explicit." These words were all struck out except "explicit," and in their place the following words were interlined in the first Instance, "which were unanimous and," afterwards the words "unanimous and" were struck, out, which left the paper as it now stands. Now I hold it to be clear that the interlining and striking out, so far from strengthening the inference that the cabinet were unaniiuous, as Col. Benton contends, it strengthens and sustains the very oppo site. Sj fir then it is certain, the draft of the letter, standing by itself, instead of fur nishing proof that the cabinet were unani mous, furnishes proof directly to the con trary. Even Col. Benton himself seems to have been conscious, that it furnished no satisfactory proof, as to the unauiraity of the cabinet,, and endeavi rs to supply this de fect from statements purporting to be taken from the diary of Mr. Adams. From these, it would appear that a meeeting of the cab inet was held on tho 3d of March for the first time, to consider the compromise bill, and that, According to the statement of Mr. Adams the cabinet were unanimous upon the; question of Constitutionality, upon the question of constitutionality. ; It also appears that the President sent him the two questions, on the 5th of March, inform ing him at the same time that he desired answer In writing from the members of the Cabinet, and that the answers would be .in time if received the next day. Such is the substance of the statement purporting to be taken from his diary. Connecting this with the draft as it origi nally stood, and the subsequent alterations including the date of the memorandum filed with it, the natural interpretation of the whole affair is that Mr. Monroe drew up interroga tions, and the draft of his letter intended for General Jackson on the 4th of March, the date of the memorandum' It could not have been earlier according t the diary of Mr. 4 J t-Vl 1. TT. J" J . . J .. vaam3 nor pruuaunr later, ncumuvi uaw tho draft because the letter could not be fin ished and transmitted to General Jackson, un til after he had signed the bill. The draft was drawn up as it stood, in all probability on the basis of the opinion expressed on the third of March, tho first day of the meet ing of the Cabinet, and which, at the time as the'diary states was "unanimous," and the doubts and uncertainty of opinion were expressed by some of the members on the two subsequent days (the 5th, and 6th of March,) which caused the interlining and the first modification of the draft as it now stands. It it difficult to give any other explanation. I now turn to Col. Benton's reasoning up on the subject. He alleges that the words " vote of every member was explicit" were struck out and "explicit" inserted, evidently avoid violating the rule of Cabinet secrets not to tell the opinion of members which the word " unanimous" "would do. His state ment contains two errors, as to fact. ' Ex plicit' was in the original- draft, and never struck out. Unanimous made no part of the original draft, as he supposes. It was a part of the interlining at first ; but subse quently struck out. All this i3 apparent from a certified copy of the paper now be fore me. Thus his reasoning falls to the ground. . He carries the rule of Cabinet se crets very far, much farther than he does the same rule applied to the secrets of the Cabinet Who ever heard that it was a vio lation of any rule of Cabinet secrets, to say the administration was , unanimous or divi ded ? It is constantly said- in reference to their meetings, and yet he would have yon believe, that it would have been a breach of confidence in Mr. Monroe in writing a con fidential letter to a friend of high, standing, to say that his Cabinet were unanimous; and especially, as the question was one of consti tutionality,' and not of policy. What mem ber of any f Cabinet would be so base and cowardly, as to desire to conceal his opinion on a constitutional qu,estion ? Who, accor- . , - r , v. .... ... ...v... II I:.. J I M J 1 - 1 I " ' VI II NUMBER 33; dmgly, did not know at the time, that the opinion of the Cabinet of General Washing ton was divided on the quesion of chartering a bank, and what side every member took ? Col. Benton's explanation is destitute of even plausibility, and leaves tke draft to speak for it sen, as it stands ; and that clearly is against mu vauinei ueing unanimous, ane-diajy of Mr. Adams furnishes the only opposing -.1 XT TL11?. . l , cvweuw. o, a noia u io Dea sound rule that a diary is no evidence of a fact against any one, but him who keeps it The opposiie rule would place the character of every man at the mercy of whoever keeps a diary It is not my object to call m question the verao- 1 ty , of, JJIr. Adams, but . he was a- rnau-of strong prejudices, hasty temper, and much disposed to view things as he desired. From f ? . t" 11 uis temperament, ne would De liaoie to no- tics and mark what fell within his own views, and to pass unnoticed what did not. I ven ture little in saving that if his diary should be published during the lifetime of those who were on the stage with him. its state ments would be contradictod by many, and confirm all I havej stated. But few state ments from it have yet been brought to the notice of the public, but even of these few, two have been contradicted: one. (if mv recol- ection serves; me.) related to General Jack son, and the other to a Mr. Harris, of Phila delphia, during the administration of Mr. olonroe. Opposed to the statement of Mr. Adams, stands the fact, that no opinions as is admit ted by Col. Benton, are to be found on the file3 of the Department of State, nor any ev idence that any such, opinions were ever filed ; although the statement purporting to be irom the diary of Mr. Adams says, that Mr. Monroe directed them to be filed. One of two things would seem to be clear ; either he fell into an error, in making the entry, or that he failed to place them on file, in consequence of some subsequent direction from the President. It is hardly possible, if they had been placed on file, but that they would still be there, or soma evidence, in existence, that tuey had been there. My - ' 7 own recollection is, that Mr. Monroe request- mo vpiuiuu u mc lucuiutsia oi uis uauiuei in writing; but that in consequence of want ot time to prepare a written opinion some other cause, none was given, and this I stat ed in the Senate, when General Dix brought up the question as to the opinion of the Cab inet of Mr. Monroe, before tho fact was dis- closed, that there was no .written opinion on the files of the department I have entire confidence, that if any was given; it amount- ed to no more, than the simple affirmation. or negation of the power. " The time did not admit the preparate of elaborate opin ions, and if any such had been given, it is impossible that I should forget it; and next to impossible, that it should so long have re mained concealed from the public. As to the insinuation, that I am the only member of the Cabinet of Mr. Monroe, who has since been Secretary of State, and ail others of like character, I pass them with the silent confunpt due to their baseness, and the source whence they came. There is beside, a fact which clearly shows,' that there , had been a considerable change of views from the 4th. to the 6th of March ; I allude to the fact, that the draft of the letter intended for General Jaekson was never sent. It is inferable from the fact, that there is no such letter to be found among the paper, af ter the most diligent search. - It is not impro bable that the same change of circumstances which caused the striking out and inserting, and which induced him, also, finally , to dis pense with a written opinion and will ac count why no such opinion is found on file. But suppose the case to be as Col. Ben ton contended ; of what importance is it, or how does it enable him to make out his charge, that the resolutions which he so vehement ly denounces, were introduced for the pur poses of disunion? The opinion of the Cabinet, whether for or against, whether un animous or divided ; whether written or un written, were given under - circumstances which would entitle them to but little weight. In the first place, there was no time for con sideration. But one day elapsed from the time the questions were put and sent to the members of tlje Cabinet, until a final deci sion was made. In the next place, the sub ject was little understood and had at that time received but little consideration. The great point in the discussion of the Missouri question, was whether Congress had a right to impose any other limitation on the admis sion of a State into the Union, than that prescribed by the Constitution. The ques tion of its power over the territories did - not come up until the end of the discussion ; and, according to my recollection, was scarcely noticed, much less discussed. So loose, in deed, was tte prevailing opinion at the time, that the power of legislating over them was. believed to be derived from that portion of the Constitution, which provides " that Con gress shall have power-to dispose of, 'and to make all needful rules and ? regulations res pecting the territories and other property be longing to . the : United States." Such it would seem;to have been the' opinion of Mr. Monroe, judging from his manner of propoun-' ding the question. He puts it in" language borrowed from' the provision t( to make a regulation prohibiting slavery in the terriip- nes ana not . w -maae a uiw vj jnuii;uit. But since then, a more careful examination has established beyond all reasonable doubt, that this provision was intended to Ve limi ted to the disposition and regulation of the territories regarded simply as land or prop corty, and that at .conferred no gpower Whatv ever "beyond, aaueh' less, that of frxoliihifjng slavery undersuch circumstances, even if it could be made out leyond akaw of doubt that Uiet cabinet was unanimous, and that its members gave written pinions in the 'ifSr reative, iteould haW little weight in settling the constitutional ' question ;; and jet Cob C Benton,1 in t zeal ? to f strike : at r tte," anl ; through me at yon and I your cause, tnsista that the epmioa of Mr. Monroe's cabinet for ever foreclosed the question against the Soxlvh. To establish a fdoctriae 0 absurd, he, by im- pb'catiojou laidoara a role, that the opinioi of Congress, or aay department of tke coer- ernmert, once expressed ea a constitutional question, settles it forever; and this, too, , wkea it is well known that it was in direct' contradictSoQ to the : course he. pursued ia reference to the Bank of tke United States. The right of Congress to charter such a bask had again and again been sanctioned by Con-' gress, and by every department of the gov ernment. Thahejlid not consider all thia as settling the constitutional " question, the ' long war be waged agaiast the institution proves conclusively. . It is his fate io involve himself In di1ni. mas at every step he takes, and which ho is either too blind io see, or too reckless to re gard.. He has labored through many col- umns to prove, that the cabinet of Mr. Mon mf was nnam'maiia in favor nf rhft Congress to exclude slavery from the territo ries, and that they gave written opinions to that effect, in order to prove, that I am the real and responsible author of the Wilmot proviso, without apparently perceiving, Uiat if he could succeed, it would destroy his con clusion j for if the Cabinet was1 unanimous, how could I alone be responsible. lie seems to have felt the dilemma after he got into it and has made ai desperate effort to escape from it. For that purpose, he had to falsify the Constitution and to assert, that the ve to power was vested in the Cabinet, and aot in the President,! when that .instrument ex pressly provides, ) that " the Executive pow er shall be vested in the President ;" and that every bill shall be presented to the Pres ident for his appi-oval or disapproval : and that, if he approves of it, it shall become a law, and if he disapproves, it shall not, un less passed by tvo thirds of both ! houses' of Congress. He rollows up this false asser tion by another, jthat I had one fifth of the veto power in my. hands, when, in ' fact, I had no part, and I when the paper, on which he relies to make out his charge, shows on its face, that the Cabinet consisted, of six and ' not nve, ana oi course, u i& naa tne Teto power, but one sfxth part vas vested in me. But this double mistake is not sufficient of itself to support his charge. The question . would still remain. . How could I be soleljr responsible, wheii according to his own sbow- ' in 2. 1 had but a fifth of the , newer ? ITnoa what principle bfj justice, icoukl :J be mada : responsible for the acts oJftheot her three, or as the fact really is -the other four f To escape from thisi dilemma he attributes to me the mosteoinimanding influence over the Cabinet -so commanding as to be. able to draw over to my I side; a sufficient number of members to make a majority ; and this too, when it is apparent from the; paper from which he draws his statement, that Mr. Mon roe had no doubt as to the. power of Con gress. I then, in order to command a'' ma jority, woidd have had to controll three oth- 4 er members against him, which Cob Benton seems to think L could have done very easi ly, if I had thought proper He seems"" to have a most exalted opinion of my abilities, far more so than1 I have of his.' Wherever I am placed, whether in-Mr Monroe's or in Mr. Tyler's Cabinet ; whether in the Senate or the House of Representatives or in : the chirr of the Vice President, I alone, in his opinion, am responsible, on , , all questions. I have now. traced him through the long process by which he attempts to, prove that I arnhe authprjof the Wilmot proviso, and,' by consequence; of all the mighty evils that' have followed in jits train and which he ..ex hibits with so much. parade ; but, after all, mighty as he represents them to be, the are not so much so, as to prevent him from de claring himself to be a Wilmot proviso man. He follows up his charge by' asserting v that the effects of disclosing the opinion of the , Cabinet by Mr. Dix, introducing the paper compelled me to close my lips, abandon mjr resolutions, and to give up my intention bt making them the subject of a general debate at the next session, with the intention,' ;to use his own language,' to make & chance for1 myself at the next presidential election," by ? getting up a -test which no Northern fnan -could stand. 11 this is just as erroneous, both as to facta and mferenceas are "hi8 statements and reasons in his Vain f attempt to make me the author of the Wilmot pro viso. . ' . .,: - r... ,-. If by abandoning mjr iesolution8f be means that it compelled me to abandon their principles, on a sjhgle position taken by them' or to be silent, as to the constitutional pow-, er of Congress "oyer ; the territories, ids as-" sertion would be false throughout. , The res olutions were introduced,1 as he states,, the 19th of July, 1849, near theclose of the short session. So far from abandoning them or from keeping silent, I discussed the prin ciples on which, they reit in the . debate, on the bill to establish, the -Territorial, govern-i ment of Oregon at great length, at the next session, and established them bv.argument4 that have never yet, and, I . will venture !to , ), sa, never wiU.lSe refuted r Fewhave nn dertaken to 'refute them, and jtboee, who hay6 under taken it, signally failed.;-lOjthers like uoL' l5enton,have taken ibe more pru dent course to cry ; out fiwbrand-disxmion,. instead of attempting to refute them, 'r : 7 But if he means that I was deterred from - mtfoauQing my resolutions at tne next -1