Madison Papers_.]

[Footnote 25:--An eminent jurist (Chancellor Walworth) has said that
"The preamble which was prefixed to these amendments, as adopted by
Congress, is important to show in what light that body considered them."
(8 _Wend. R.,_ p. 100.) It declares that a number of the State
Conventions "having at the time of their adopting the Constitution
_expressed_ a _desire_, in order to prevent _misconstruction or abuse of
its powers_, that further _declaratory_ and restrictive clauses should
be added," resolved, etc.

This preamble is in substance the preamble affixed to the "Conciliatory
Resolutions" of Massachusetts, which were drawn by Chief Justice
Parsons, and offered in the Convention as a compromise by John Hancock.
(_Life Ch. J. Parsons,_ p. 67.) They were afterward copied and adopted
with some additions by New Hampshire.

The fifth amendment, on which the Supreme Court relies, is taken almost
literally from the declaration of rights put forth by the Convention of
New York, and the clause referred to forms the ninth paragraph of the
declaration. The tenth amendment, on which Senator Douglas relies, is
taken from the Conciliatory Resolutions, and is the first of those
resolutions somewhat modified. Thus, these two amendments, sought to be
used for slavery, originated in the two great anti-slavery States, New
York and Massachusetts.]

[Footnote 26:--The amendments were proposed by Mr. Madison in the House
of Representatives, June 8, 1789. They were adopted by the House, August
24, and some further amendments seem to have been transmitted by the
Senate, September 9. The printed journals of the Senate do not state the
time of the final passage, and the message transmitting them to the
State Legislatures speaks of them as adopted at the first session, begun
on the fourth day of March, 1789. The date of the introduction and
passage of the act enforcing the Ordinance of '87 will be found at note
9, _ante_.]

[Footnote 27:--It is singular that while two of the "thirty-nine" were
in that Congress of 1819, there was but one (besides Mr. King) of the
"seventy-six." The one was William Smith, of South Carolina. He was then
a Senator, and, like Mr. Pinckney, occupied extreme Southern ground.]

[Footnote 28:--The following is an extract from the letter referred to:

"I agree with you cordially in your views in regard to negro slavery. I
have long considered it a most serious evil, both socially and
politically,