It simply leaves the inquiry: What was the understanding
those fathers had of the question mentioned?
What is the frame of Government under which we live?
The answer must be--the Constitution of the United States. That
Constitution consists of the original, framed in 1787 (and under which
the present Government first went into operation), and twelve subsequently
framed amendments, the first ten of which were framed in 1789.
Who were our fathers that framed the Constitution? I suppose the
"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 Constitution--the United States then
owning the Northwestern Territory, and no other--the 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 four--James McHenry voted against the prohibition, showing
that, for some cause, h
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