who framed the original Constitution; and the
text affirms that they understood the question "better than we."
But, so far, I have been considering the understanding of the question
manifested by the framers of the original Constitution. In and by the
original instrument, a mode was provided for amending it; and, as I have
already stated, the present frame of "the Government under which we live"
consists of that original, and twelve amendatory articles framed and
adopted since. Those who now insist that Federal control of slavery in
Federal Territories violates the Constitution, point us to the provisions
which they suppose it thus violates; and, as I understand, they all fix
upon provisions in these amendatory articles, and not in the original
instrument. The Supreme Court, in the Dred Scott case, plant themselves
upon the fifth amendment, which provides that no person shall be deprived
of "life, liberty, or property without due process of law"; while Senator
Douglas and his peculiar adherents plant themselves upon the tenth
amendment, providing that "the powers not delegated to the United States
by the Constitution" "are reserved to the States respectively, or to the
people."
Now, it so happens that these amendments were framed by the first Congress
which sat under the Constitution--the identical Congress which passed
the act already mentioned, enforcing the prohibition of slavery in the
Northwestern Territory. Not only was it the same Congress, but they were
the identical same individual men who, at the same session, and at the
same time within the session, had under consideration, and in progress
toward maturity, these Constitutional amendments, and this act prohibiting
slavery in all the territory the nation then owned. The Constitutional
amendments were introduced before and passed after the act enforcing the
Ordinance of '87; so that, during the whole pendency of the act to enforce
the Ordinance, the Constitutional amendments were also pending.
The seventy-six members of that Congress, including sixteen of the framers
of the original Constitution, as before stated, were pre-eminently our
fathers who framed that part of "the Government under which we live,"
which is now claimed as forbidding the Federal Government to control
slavery in the Federal Territories.
Is it not a little presumptuous in any one at this day to affirm that
the two things which that Congress deliberately framed, and carried to
maturit
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