Thus the bolt was launched at the Missouri senator, who, from his prestige of Jacksonism, his robust patriotism, his indomitable will, and his great abilities, was regarded as the most formidable if not the only enemy standing in the way of meditated treason. It was not doubted that the blow would be fatal. Benton was in one sense the father of the doctrine of legislative instructions. In his persistent and famous efforts to 'expunge' the resolutions of censure on Gen. Jackson that had been placed in the Senate journal, Benton had found it necessary to revolutionize the sentiments or change the composition of the Senate. Whigs were representing democratic States, and Democrats refused to vote for a resolution expunging any part of the record of the Senate's proceedings. To meet and overcome this resistance, Benton introduced the dogma that a senator was bound to obey the instructions of the legislature of his State. He succeeded, by his great influence in his party, and by the aid of the democratic administration, in having the dogma adopted, and it became an accepted rule in the democratic party. Resolutions were now invoked and obtained from State legislatures instructing their senators to vote for the 'Expunging Resolutions,' or resign. Some obeyed; some resigned. Benton carried his point; but it was at the sacrifice of the spirit of that part of the Constitution which gave to United States senators a term of six years, for the purpose of protecting the Senate from frequent fluctuations of popular feeling, and securing steadiness in legislation. Benton was the apostle of this unwise and destructive innovation upon the constitutional tenure of senators. He was doomed to be a conspicuous victim of his own error. When the 'Jackson resolutions' were passed by the legislature of Missouri, instructing Benton to endorse measures that led to nullification and disunion, he saw the dilemma in which he was placed, and did the best he could to extricate himself. He presented the resolutions from his seat in the Senate; denounced their treasonable character, and declared his purpose to appeal from the legislature to the people of Missouri.

On the adjournment of Congress, Benton returned to Missouri and commenced a canvass in vindication of his own cause, and in opposition to the democratic majority of the legislature that passed the Jackson resolutions, which has had few if any parallels in the history of the government for heat and bitterness. The senator did not return to argue and convert, but to fulminate and destroy. He appointed times and places for public speaking in the most populous counties of the State, and where the opposition to him had grown boldest. He allowed no 'division of time' to opponents wishing to controvert the positions assumed in his speeches. On the contrary, he treated every interruption, whether for inquiry or retort, on the part of any one opposed to him, as an insult, and proceeded to pour upon the head of the offender a torrent of denunciation and abuse, unmeasured and appalling. The extraordinary course adopted by Benton in urging his 'appeal,' excited astonishment and indignation among the democratic partisans that had, in many cases, thoughtlessly become arrayed against him.1 They might have yielded to expostulation; they were stung to resentment by unsparing vilification. The rumor of Benton's manner preceded him through the State, after the first signal manifestations of his ruthless spirit; and he was warned not to appear at some of the appointments he had made, else his life would pay the forfeit of his personal assaults. These threats only made the Missouri lion more fierce and untamable. He filled all his appointments, bearing everywhere the same front, often surrounded by enraged enemies armed and thirsting for his blood, but ever denunciatory and defiant, and returned to St. Louis, still boiling with inexhaustible choler, to await the judgment of the State upon his appeal. He failed. The pro-slavery sentiment of the people had been too thoroughly evoked in the controversy, and too many valuable party leaders had been needlessly driven from his support by unsparing invective. An artful and apparently honest appeal to the right of legislative instructions,—an enlargement of popular rights which Benton himself had conferred upon them,—and—the unfailing weapon of Southern demagogues against their opponents—the charge that Benton had joined the 'Abolitionists,' and was seeking to betray 'the rights of the South,' worked the overthrow of the hitherto invincible senator. The Whigs of Missouri, though agreeing mainly with Benton in the principles involved in this contest, had received nothing at his hands, throughout his long career, but defeat and total exclusion from all offices and honors, State and National. This class of politicians were too glad of the prospective division of his party and the downfall of his power, to be willing to re-assert their principles through a support of Benton. The loyal Union sentiments of the State in this way failed to be united, and a majority was elected to the legislature opposed to Benton. He was defeated of a re-election to the Senate by Henry S. Geyer, a pro-slavery Whig, and supporter of the Jackson resolutions, after having filled a seat in that august body for a longer time consecutively than any other senator ever did. Thus was removed from the halls of Congress the most sagacious and formidable enemy that the disunion propagandists ever encountered. Their career in Congress and in the control of the federal government was thenceforth unchecked. The cords of loyalty in Missouri were snapped in Benton's fall, and that State swung off into the strongly-sweeping current of secessionism. The city of St. Louis remained firm a while, and returned Benton twice to the House; but his energies were exhausted now in defensive war; and the truculent and triumphant slave power dominating, the State at last succeeded, through the coercion of commercial interests, in defeating him even in the citadel of loyalty. He tried once more to breast the tide that had borne down his fortunes. He became a candidate for governor in 1856; but, though he disclaimed anti-slavery sentiments, and supported James Buchanan for President against Fremont, his son-in-law, he was defeated by Trusten Polk, who soon passed from the gubernatorial chair to Benton's seat in the United States Senate, from which he was, in course of time, to be expelled. Benton retired to private life, only to labor more assiduously in compiling historical evidences against the fast ripening treason of the times.

The Missouri senator was no longer in the way of the Southern oligarchs. A shaft feathered by his own hands—the doctrine of instructions—had slain him.

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