Speech of Hon. J.P. Benjamin, of La., Delivered in Senate of United States on Thursday, March 11, 1858: Kansas Bill
Congressional Record - KANSAS BILL. SPEECH OF HON. J.P. BENJAMIN, OF LA., DELIVERED IN SENATE OF UNITED STATES ON THURSDAY, MARCH 11, 1858. SLAVERY PROTECTED BY THE COMMON LAW OF THE NEW WORLD. GUARANTIED BY CONSTITUTION. VINDICATION OF THE SUPREME COURT OF THE U.S. Washington: Gideon. 1858. A brilliant justification of the Dred Scott decision by the Louisiana lawyer and Senator, who also rebuts Stephen Douglas's Popular Sovereignty doctrine, that inhabitants of a territory had the power to vote slavery up or down, as they saw fit. Benjamin argues, "independently of the authority of the [Dred Scott] decision," that the early colonists "brought with them the common law of England as their birthright...I shall not hazard too much in the assertion that slavery was the common law of the thirteen States of the Confederacy at the time they burst the bonds that united them to the mother country." He supports his thesis with much detail, including the early law and custom of England, aspects of the Dred Scott decision, and in colloquy with Senator Fessenden of Maine. Benjamin's theoretical work presaged the escalation of Southern demands for Congress to pass Slave Codes which would prohibit, not merely Congress, but a territorial legislature as well, from restricting slavery in the territories; and require Congress to protect slaveholders from hostile territorial inhabitants should such a legislature fail to do so. This is evidently the only edition of this work. FIRST EDITION. Sabin 4705. LCP 1093. Not in Work, Harv. Law Cat., Singerman, Eberstadt, Decker, Blockson, Marke, BEAL.
Associated People/Businesses
- Benjamin, J. P. (Judah Philip), 1811-1884
- BENJAMIN, JUDAH P.
Geography
Subjects
Physical Location
Arc.MS.56, Box 9