Nicholas Oilman, Wm.
S. Johnson, Roger Sherman, Robert Morris, Thos. Fitzsimmons, William
Few, Abraham Baldwin, Rufus King, William Paterson, George Clymer,
Richard Bassett, George Read, Pierce Butler, Daniel Carroll, James
Madison.[13]
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 principle, 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.[14] 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 it--take control of
it--even 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.[15] 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.[16] 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 Constit
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