Benton, Thomas Hart, 1782-1858; Legislators -- United States -- Biography
"The Abridgment of the Debates of Congress from 1789 to 1856" he was
only able to bring down to 1850. Sixteen volumes were published. It was
a compilation needing infinite labor, and is invaluable to the
historian. While in the midst of the vast work he also found time to
write his "Examination of the Dred Scott case," in so far as it decided
the Missouri Compromise law to be unconstitutional, and asserted the
self-extension of the Constitution into the territories, carrying
slavery with it,--the decision in this case promulgated by Judge Taney,
of unhappy fame, having been the last step taken in the interests of
slavery and for the overthrow of freedom. The pamphlet contained nearly
two hundred pages, and showed, as was invariably the case with anything
Benton did, the effects of laborious research and wide historical and
legal learning. His summing up was, "that the decision conflicts with
the uniform action of all the departments of the federal government from
its foundation to the present time, and cannot be accepted as a rule to
govern Congress and the people, without severing that act and admitting
the political supremacy of the court and accepting an altered
constitution from its hands, and taking a new and portentous point of
departure in the working of the government." He denounced the new party
theories of the Democracy, which had abandoned the old belief of the
founders of the Republic, that Congress had power to legislate upon
slavery in territories, and which had gone on "from the abrogation of
the Missouri Compromise, which saved the Union, to squatter sovereignty,
which killed the compromise, and thence to the decisions of the supreme
court, which kill both." In closing he touched briefly on the history of
the pro-slavery agitation. "Up to Mr. Pierce's administration the plan
had been defensive, that is to say, to make the secession of the South a
measure of self-defense against the abolition encroachments and crusades
of the North. In the time of Mr. Pierce the plan became offensive, that
is to say, to commence the expansion of slavery, and the acquisition of
territory to spread it over, so as to overpower the North with new Slave
States, and drive them out of the Union.... The rising in the Free
States, in consequence of the abrogation of the Missouri Compromise,
checked these schemes, and limited the success of the disunionists to
the revival of the agitation which enables them to wield the South
against the North in all the federal elections and all federal
legislation. Accidents and events have given the party a strange
preëminence,--under Jackson's administration proclaimed for treason;
since at the head of the government and of the Democratic party. The
death of Harrison, and the accession of Tyler, was their first great
lift; the election of Mr. Pierce was their culminating point." This was
the last protest of the last of the old Jacksonian leaders against that
Public-domain text, read in full here on John Shaqi.
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