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〃thirty…nine〃 who signed the original instrument may be fairly called
our fathers who framed that part of the present Government。 It is
almost exactly true to say they framed it； and it is altogether true
to say they fairly represented the opinion and sentiment of the whole
nation at that time。
Their names； being familiar to nearly all； and accessible to quite
all； need not now be repeated。
I take these 〃thirty…nine；〃 for the present； as being our 〃fathers
who framed the Government under which we live。〃
What is the question which； according to the text； those fathers
understood 〃just as well； and even better than we do now〃？
It is this： Does the proper division of local from Federal authority；
or anything in the Constitution； forbid our Federal Government to
control as to slavery in our Federal Territories？
Upon this Senator Douglas holds the affirmative； and Republicans the
negative。 This affirmation and denial form an issue； and this issue…
…this question is precisely what the text declares our fathers
understood 〃better than we。〃
Let us now inquire whether the 〃thirty…nine；〃 or any of them； acted
upon this question； and if they did； how they acted upon it …how they
expressed that better understanding。
In 1784； three years before the Constitutionthe United States then
owning the Northwestern Territory； and no otherthe Congress of the
Confederation had before them the question of prohibiting slavery in
that Territory； and four of the 〃thirty nine〃 who afterward framed
the Constitution were in that Congress and voted on that question。
Of these； Roger Sherman； Thomas Mifflin； and Hugh Williamson voted
for the prohibition； thus showing that； in their understanding； no
line dividing local from Federal authority； nor anything else；
properly forbade the Federal Government to control as to slavery in
Federal territory。 The other of the fourJames McHenry voted
against the prohibition； showing that； for some cause； he thought it
improper to vote for it。
In 1787； still before the Constitution； but while the convention was
in session framing it； and while the Northwestern Territory still was
the only Territory owned by the United States； the same question of
prohibiting slavery in the Territory again came before the Congress
of the Confederation； and two more of the 〃thirty…nine〃 who afterward
signed the Constitution were in that Congress； and voted on the
question。 They were William Blount and William Few； and they both
voted for the prohibition thus showing that； in their understanding；
no line dividing local from Federal authority； nor anything else；
properly forbade the Federal Government to control as to slavery in
Federal territory。 This time the prohibition became a law； being part
of what is now well known as the Ordinance of '87。
The question of Federal control of slavery in the Territories seems
not to have been directly before the convention which framed the
original Constitution； and hence it is not recorded that the
〃thirty…nine；〃 or any of them； while engaged on that instrument；
expressed any opinion on that precise question。
In 1789； by the first Congress which sat under the Constitution； an
act was passed to enforce the Ordinance of '87； including the
prohibition of slavery in the Northwestern Territory。 The bill for
this act was reported by one of the 〃thirty…nine；〃 Thomas
Fitzsimmons； then a member of the House of Representatives from
Pennsylvania。 It went through all its stages without a word of
opposition； and finally passed both branches without yeas and nays；
which is equivalent to a unanimous passage。 In this Congress there
were sixteen of the thirty…nine fathers who framed the original
Constitution。 They were John Langdon； Nicholas Gilman； Wm。 S。
Johnnson； Roger Sherman； Robert Morris； Thos。 Fitzsimmons； William
Few； Abraham Baldwin； Rufus King； William Paterson； George Claimer；
Richard Bassett； George Read； Pierce Butler； Daniel Carroll； James
Madison。
This shows that； in their understanding； no line dividing local from
Federal authority； nor anything in the Constitution； properly forbade
Congress to prohibit slavery in the Federal territory； else both
their fidelity to correct principles and their oath to support the
Constitution would have constrained them to oppose the prohibition。
Again： George Washington； another of the 〃thirty nine；〃 was then
President of the United States； and； as such； approved and signed the
bill； thus completing its validity as a law； and thus showing that；
in his understanding； no line dividing local from Federal authority；
nor anything in the Constitution； forbade the Federal Government to
control as to slavery in Federal territory。
No great while after the adoption of the original Constitution； North
Carolina ceded to the Federal Government the country now constituting
the State of Tennessee； and； a few years later； Georgia ceded that
which now constitutes the States of Mississippi and Alabama。 In both
deeds of cession it was made a condition by the ceding States that
the Federal Government should not prohibit slavery in the ceded
country。 Besides this； slavery was then actually in the ceded
country。 Under these circumstances； Congress； on taking charge of
these countries； did not absolutely prohibit slavery within them。
But they did interfere with ittake control of iteven there； to a
certain extent。 In 1798； Congress organized the Territory of
Mississippi： In the act of organization they prohibited the bringing
of slaves into the Territory from any place without the United
States； by fine and giving freedom to slaves so brought。 This act
passed both branches of Congress without yeas and nays。 In that
Congress were three of the 〃thirty…nine〃 who framed the original
Constitution。 They were John Langdon； George Read； and Abraham
Baldwin。 They all； probably； voted for it。 Certainly they would have
placed their opposition to it upon record； if； in their
understanding； any line dividing local from Federal authority； or
anything in the Constitution； properly forbade the Federal Government
to control as to slavery in Federal territory。
In 1803； the Federal Government purchased the Louisiana country。 Our
former territorial acquisitions came from certain of our own States；
but this Louisiana country was acquired from a foreign nation。 In
1804； Congress gave a territorial organization to that part of it
which now constitutes the State of Lousiana。 New Orleans； lying
within that part； was an old and comparatively large city。 There
were other considerable towns and settlements； and slavery was
extensively and thoroughly intermingled with the people。 Congress
did not； in the Territorial Act； prohibit slavery； but they did
interfere with it take control of itin a more marked and extensive
way than they did in the case of Mississippi。 The substance of the
provision therein made in relation to slaves was：
First。 That no slave should be imported into the Territory from
foreign parts。
Second。 That no slave should be carried into it who had been imported
into the United States since the first day of May； 1798。
Third。 That no slave should be carried into it except by the owner；
and for his own use as a settler； the penalty in all the cases being
a fine upon the violator of the law； and freedom to the slave。
This act also was passed without yeas and nays。 In the Congress which
passed it there were two of the 〃thirty…nine。〃 They were Abraham
Baldwin and Jonathan Dayton。 As stated in the case of Mississippi；
it is probable they both voted for it。 They would not have allowed it
to pass without recording their opposition to it； if； in their
understanding； it violated either the line properly dividing local
from Federal authority； or any provision of the Constitution。
In 1819…20 came and passed the Missouri question。 Many votes were
taken； by yeas and nays； in both branches of Congress； upon the
various phases of the general question。 Two of the 〃thirty…nine〃…
…Rufus King and Charles Pinckney were members of that Congress。 Mr。
King steadily voted for slavery prohibition and against all
compromises； while Mr。 Pinckney as steadily voted against slavery
prohibition； and against all compromises。 By this； Mr。 King showed
that； in his understanding； no line dividing local from Federal
authority； nor anything in the Constitution； was violated by Congress
prohibiting slavery in Federal territory； while Mr。 Pinckney； by his
vote； showed that in his understanding there was some sufficient
reason for opposing such prohibition in that case。
The cases I have mentioned are the only acts of the 〃thirty…nine；〃 or
of any of them； upon the direct issue； which I have been able to
discover。
To enumerate the persons who thus acted； as being four in 1784； two
in 1787； seventeen in 1789； three in 1798； two in 1804； and two i