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.[18] 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.[19] 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 votes, showed that, in his understanding, there

was some sufficient reason for opposing such prohibition in that

case.[20]

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

anyway.[21]

Here, then, we have twenty-three out of our thirty-nine fathers "who

framed the Government under which we live," who have, upon their

official responsibility and their corporal oaths, acted upon the

very question which the text affirms they "understood just as well,

and even better than we do now"; and twenty-one of them--a clear

majority of the whole "thirty-nine"--so acting upon it as to make

them guilty of gross political impropriety and wilful perjury, if,

in their understanding, any proper division between local and

federal authority, or anything in the Constitution they had made

themselves, and sworn to support, forbade the Federal Government to

control as to slavery in the federal territories. Thus the

twenty-one acted; and, as actions speak louder than words, so

actions under such responsibility speak still louder.

Two of the twenty-three voted against Congressional prohibition of

slavery in the federal territories, in the instances in which they

acted upon the question. But for what reasons they so voted is not

known. They may have done so because they thought a proper division

of local from federal authority, or some provision or principle of

the Constitution, stood in the way; or they may, without any such

question, have voted against the prohibition on what appeared to

them to be sufficient grounds of expediency. No one who has sworn to

support the Constitution can conscientiously vote for what he

understands to be an unconstitutional measure, however expedient he

may think it; but one may and ought to vote against a measure which

he deems constitutional, if, at the same time, he deems it

inexpedient. It, therefore, would be unsafe to set down even the two

who voted against the prohibition, as having done so because, in

their understanding, any proper division of local from federal

authority, or anything in the Constitution, forbade the Federal

Government to control as to slavery in federal territory.[22]

The remaining sixteen of the "thirty-nine," so far as I have

discovered, have left no record of their understanding upon the

direct question of federal control of slavery in the federal

territories. But there is much reason to believe that their

understanding upon that question would not have appeared different

from that of their twenty-three compeers, had it been manifested at

all.[23]

For the purpose of adhering rigidly to the text, I have purposely

omitted whatever understanding may have been manifested by any

person, however distinguished, other than the thirty-nine fathers

who framed the original Constitution; and, for the same reason, I

have also omitted whatever understanding may have been manifested by

any of the "thirty-nine" even, on any other phase of the general

question of slavery. If we should look into their acts and

declarations on those other phases, as the foreign slave trade, and

the morality and policy of slavery generally, it would appear to us

that on the direct question of federal control of slavery in federal

territories, the sixteen, if they had acted at all, would probably

have acted just as the twenty-three did. Among that sixteen were

several of the most noted anti-slavery men of those times--as Dr.

Franklin, Alexander Hamilton, and Gouverneur Morris--while there was

not one now known to have been otherwise, unless it may be John

Rutledge, of South Carolina.[24]

The sum of the whole is, that of our thirty-nine fathers who framed

the original Constitution, twenty-one--a clear majority of the

whole--certainly understood that no proper division of local from

federal authority, nor any part of the Constitution, forbade the

Federal Government to control slavery in the federal territories;

while all the rest probably had the same understanding. Such,

unquestionably, was the understanding of our fathers 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."[25]

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.[26]

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 maturity at the same time, are absolutely inconsistent

with each other? And does not such affirmation become impudently

absurd when coupled with the other affirmation from the same mouth,

that those who did the two things, alleged to be inconsistent,

understood whether they really were inconsistent better than

we--better than he who affirms that they are inconsistent?

It is surely safe to assume that the thirty-nine framers of the

original Constitution, and the seventy-six members of the Congress

which framed the amendments thereto, taken together, do certainly

include those who may be fairly called "our fathers who framed the

Government under which we live."[27] And so assuming, I defy any man

to show that any one of them ever, in his whole life, declared that,

in his understanding, any proper division of local from federal

authority, or any part of the Constitution, forbade the Federal

Government to control as to slavery in the federal territories. I go

a step further. I defy any one to show that any living man in the

whole world ever did, prior to the beginning of the present

century, (and I might almost say prior to the beginning of the last

half of the present century,) declare that, in his understanding,

any proper division of local from federal authority, or any part of

the Constitution, forbade the Federal Government to control as to

slavery in the federal territories. To those who now so declare, I

give, not only "our fathers who framed the Government under which we

live," but with them all other living men within the century in

which it was framed, among whom to search, and they shall not be

able to find the evidence of a single man agreeing with them.

Now, and here, let me guard a little against being misunderstood. I

do not mean to say we are bound to follow implicitly in whatever our

fathers did. To do so, would be to discard all the lights of current

experience--to reject all progress--all improvement. What I do say

is, that if we would supplant the opinions and policy of our fathers

in any case, we should do so upon evidence so conclusive, and

argument so clear, that even their great authority, fairly

considered and weighed, cannot stand; and most surely not in a case

whereof we ourselves declare they understood the question better

than we.

If any man at this day sincerely believes that a proper division of

local from federal authority, or any part of the Constitution,

forbids the Federal Government to control as to slavery in the

federal territories, he is right to say so, and to enforce his

position by all truthful evidence and fair argument which he can.

But he has no right to mislead others, who have less access to

history, and less leisure to study it, into the false belief that

"our fathers, who framed the Government under which we live," were

of the same opinion--thus substituting falsehood and deception for

truthful evidence and fair argument. If any man at this day

sincerely believes "our fathers who framed the Government under

which we live," used and applied principles, in other cases, which

ought to have led them to understand that a proper division of local

from federal authority or some part of the Constitution, forbids the

Federal Government to control as to slavery in the federal

territories, he is right to say so. But he should, at the same time,

brave the responsibility of declaring that, in his opinion, he

understands their principles better than they did themselves; and

especially should he not shirk that responsibility by asserting that

they "understood the question just as well, and even better, than we

do now."

But enough! _Let all who believe that "our fathers, who framed the

Government under which we live, understood this question just as

well, and even better, than we do now," speak as they spoke, and act

as they acted upon it. This is all Republicans ask--all Republicans

desire--in relation to slavery. As those fathers marked it, so let

it be again marked, as an evil not to be extended, but to be

tolerated and protected only because of and so far as its actual

presence among us makes that toleration and protection a necessity.

Let all the guaranties those fathers gave it, be, not grudgingly,

but fully and fairly maintained_. For this Republicans contend, and

with this, so far as I know or believe, they will be content.

And now, if they would listen--as I suppose they will not--I would

address a few words to the Southern people.

I would say to them: You consider yourselves a reasonable and a just

people; and I consider that in the general qualities of reason and

justice you are not inferior to any other people. Still, when you

speak of us Republicans, you do so only to denounce us as reptiles,

or, at the best, as no better than outlaws. You will grant a hearing

to pirates or murderers, but nothing like it to "Black Republicans."

In all your contentions with one another each of you deems an

unconditional condemnation of "Black Republicanism" as the first

thing to be attended to. Indeed, such condemnation of us seems to be

an indispensable prerequisite--licence, so to speak--among you to be

admitted or permitted to speak at all. Now, can you, or not, be

prevailed upon to pause and to consider whether this is quite just

to us, or even to yourselves? Bring forward your charges and

specifications, and then be patient long enough to hear us deny or

justify.

You say we are sectional. We deny it. That makes an issue; and the

burden of proof is upon you. You produce your proof; and what is

it? Why, that our party has no existence in your section--gets no

votes in your section. The fact is substantially true; but does it

prove the issue? If it does, then in case we should, without change

of principle, begin to get votes in your section, we should thereby

cease to be sectional. You cannot escape this conclusion; and yet,

are you willing to abide by it? If you are, you will probably soon

find that we have ceased to be sectional, for we shall get votes in

your section this very year. You will then begin to discover, as the

truth plainly is, that your proof does not touch the issue. The fact

that we get no votes in your section, is a fact of your making, and

not of ours. And if there be fault in that fact, that fault is

primarily yours, and remains so until you show that we repel you by

some wrong principle or practice. If we do repel you by any wrong

principle or practice, the fault is ours; but this brings you to

where you ought to have started--to a discussion of the right or

wrong of our principle. If our principle, put in practice, would

wrong your section for the benefit of ours, or for any other object,

then our principle, and we with it, are sectional, and are justly

opposed and denounced as such. Meet us, then, on the question of

whether our principle, put in practice, would wrong your section;

and so meet us as if it were possible that something may be said on

our side. Do you accept the challenge? No! Then you really believe

that the principle which "our fathers who framed the Government

under which we live" thought so clearly right as to adopt it, and

indorse it again and again, upon their official oaths, is in fact so

clearly wrong as to demand your condemnation without a moment's

consideration.

Some of you delight to flaunt in our faces the warning against

sectional parties given by Washington in his Farewell Address. Less

than eight years before Washington gave that warning, he had, as

President of the United States, approved and signed an act of

Congress, enforcing the prohibition of slavery in the Northwestern

Territory, which act embodied the policy of the Government upon that

subject up to and at the very moment he penned that warning; and

about one year after he penned it, he wrote Lafayette that he

considered that prohibition a wise measure, expressing in the same

connection his hope that we should at some time have a confederacy

of free States.[28]

Bearing this in mind, and seeing that sectionalism has since arisen

upon this same subject, is that warning a weapon in your hands

against us, or in our hands against you? Could Washington himself

speak, would he cast the blame of that sectionalism upon us, who

sustain his policy, or upon you who repudiate it? We respect that

warning of Washington, and we commend it to you, together with his

example pointing to the right application of it.

But you say you are conservative--eminently conservative--while we

are revolutionary, destructive, or something of the sort. What is

conservatism? Is it not adherence to the old and tried, against the

new and untried? We stick to, contend for, the identical old policy

on the point in controversy which was adopted by "our fathers who

framed the Government under which we live"; while you with one

accord reject, and scout, and spit upon that old policy, and insist

upon substituting something new. True, you disagree among yourselves

as to what that substitute shall be. You are divided on new

propositions and plans, but you are unanimous in rejecting and

denouncing the old policy of the fathers. Some of you are for

reviving the foreign slave trade; some for a Congressional

Slave-Code for the Territories; some for Congress forbidding the

Territories to prohibit Slavery within their limits; some for

maintaining Slavery in the Territories through the judiciary; some

for the "gur-reat pur-rinciple" that "if one man would enslave

another, no third man should object," fantastically called "Popular

Sovereignty"; but never a man among you in favor of federal

prohibition of slavery in federal territories, according to the

practice of "our fathers who framed the Government under which we

live." Not one of all your various plans can show a precedent or an

advocate in the century within which our Government originated.

Consider, then, whether your claim of conservatism for yourselves,

and your charge of destructiveness against us, are based on the most

clear and stable foundations.

Again, you say we have made the slavery question more prominent than

it formerly was. We deny it. We admit that it is more prominent, but

we deny that we made it so. It was not we, but you, who discarded

the old policy of the fathers. We resisted, and still resist, your

innovation; and thence comes the greater prominence of the question.

Would you have that question reduced to its former proportions? Go

back to that old policy. What has been will be again, under the same

conditions. If you would have the peace of the old times, readopt

the precepts and policy of the old times.

You charge that we stir up insurrections among your slaves. We deny

it; and what is your proof? Harper's Ferry! John Brown!! John Brown

was no Republican; and you have failed to implicate a single

Republican in his Harper's Ferry enterprise. If any member of our

party is guilty in that matter, you know it or you do not know it.

If you do know it, you are inexcusable for not designating the man

and proving the fact. If you do not know it, you are inexcusable for

asserting it, and especially for persisting in the assertion after

you have tried and failed to make the proof. You need not be told

that persisting in a charge which one does not know to be true, is

simply malicious slander.[29]

Some of you admit that no Republican designedly aided or encouraged

the Harper's Ferry affair; but still insist that our doctrines and

declarations necessarily lead to such results. We do not believe it.

We know we hold to no doctrine, and make no declaration, which was

not held to and made by "our fathers who framed the Government under

which we live." You never dealt fairly by us in relation to this

affair. When it occurred, some important State elections were near

at hand, and you were in evident glee with the belief that, by

charging the blame upon us, you could get an advantage of us in

those elections. The elections came, and your expectations were not

quite fulfilled. Every Republican man knew that, as to himself at

least, your charge was a slander, and he was not much inclined by it

to cast his vote in your favor. Republican doctrines and

declarations are accompanied with a continual protest against any

interference whatever with your slaves, or with you about your

slaves. Surely, this does not encourage them to revolt. True, we do,

in common with "our fathers, who framed the Government under which

we live," declare our belief that slavery is wrong; but the slaves

do not hear us declare even this. For anything we say or do, the

slaves would scarcely know there is a Republican party. I believe

they would not, in fact, generally know it but for your

misrepresentations of us, in their hearing. In your political

contests among yourselves, each faction charges the other with

sympathy with Black Republicanism; and then, to give point to the

charge, defines Black Republicanism to simply be insurrection, blood

and thunder among the slaves.

Slave insurrections are no more common now than they were before the

Republican party was organized. What induced the Southampton

insurrection, twenty-eight years ago, in which, at least, three

times as many lives were lost as at Harper's Ferry?[30] You can

scarcely stretch your very elastic fancy to the conclusion that

Southampton was "got up by Black Republicanism." In the present

state of things in the United States, I do not think a general, or

even a very extensive slave insurrection, is possible. The

indispensable concert of action cannot be attained. The slaves have

no means of rapid communication; nor can incendiary freemen, black

or white, supply it. The explosive materials are everywhere in

parcels; but there neither are, nor can be supplied, the

indispensable connecting trains.

Much is said by Southern people about the affection of slaves for

their masters and mistresses; and a part of it, at least, is true. A

plot for an uprising could scarcely be devised and communicated to

twenty individuals before some one of them, to save the life of a

favorite master or mistress, would divulge it. This is the rule; and

the slave revolution in Hayti was not an exception to it, but a case

occurring under peculiar circumstances,[31] The gunpowder plot of

British history, though not connected with slaves, was more in

point. In that case, only about twenty were admitted to the secret;

and yet one of them, in his anxiety to save a friend, betrayed the

plot to that friend, and, by consequence, averted the calamity.

Occasional poisonings from the kitchen, and open or stealthy

assassinations in the field, and local revolts extending to a score

or so, will continue to occur as the natural results of slavery; but

no general insurrection of slaves, as I think, can happen in this

country for a long time. Whoever much fears, or much hopes for such

an event, will be alike disappointed.

In the language of Mr. Jefferson, uttered many years ago, "It is

still in our power to direct the process of emancipation, and

deportation, peaceably, and in such slow degrees, as that the evil

will wear off insensibly; and their places be, _pari passu_, filled

up by free white laborers. If, on the contrary, it is left to force

itself on, human nature must shudder at the prospect held up."[32]

Mr. Jefferson did not mean to say, nor do I, that the power of

emancipation is in the Federal Government. He spoke of Virginia;

and, as to the power of emancipation, I speak of the slaveholding

States only. The Federal Government, however, as we insist, has the

power of restraining the extension of the institution--the power to

insure that a slave insurrection shall never occur on any American

soil which is now free from slavery.

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