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 in
1819-20--there would be thirty of them. But this would be counting, John
Langdon, Roger Sherman, William Few, Rufus King, and George Read, each
twice, and Abraham Baldwin three times. The true number of those of the
"thirty-nine" whom I have shown to have acted upon the question which, by
the text, they understood better than we, is twenty-three, leaving sixteen
not shown to have acted upon it in any way.
Here, then, we have twenty-three out of our thirty-nine fathers "who
framed the Government under whi
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