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第26章

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improper to vote for it。



In 1787; still before the Constitution; but while the convention was

in session framing it; and while the Northwestern Territory still was

the only Territory owned by the United States; the same question of

prohibiting slavery in the Territory again came before the Congress

of the Confederation; and two more of the 〃thirty…nine〃 who afterward

signed the Constitution were in that Congress; and voted on the

question。 They were William Blount and William Few; and they both

voted for the prohibition thus showing that; in their understanding;

no line dividing local from Federal authority; nor anything else;

properly forbade the Federal Government to control as to slavery in

Federal territory。 This time the prohibition became a law; being part

of what is now well known as the Ordinance of '87。



The question of Federal control of slavery in the Territories seems

not to have been directly before the convention which framed the

original Constitution; and hence it is not recorded that the

〃thirty…nine;〃 or any of them; while engaged on that instrument;

expressed any opinion on that precise question。



In 1789; by the first Congress which sat under the Constitution; an

act was passed to enforce the Ordinance of '87; including the

prohibition of slavery in the Northwestern Territory。  The bill for

this act was reported by one of the 〃thirty…nine;〃 Thomas

Fitzsimmons; then a member of the House of Representatives from

Pennsylvania。  It went through all its stages without a word of

opposition; and finally passed both branches without yeas and nays;

which is equivalent to a unanimous passage。  In this Congress there

were sixteen of the thirty…nine fathers who framed the original

Constitution。  They were John Langdon; Nicholas Gilman; Wm。 S。

Johnnson; Roger Sherman; Robert Morris; Thos。 Fitzsimmons; William

Few; Abraham Baldwin; Rufus King; William Paterson; George Claimer;

Richard Bassett; George Read; Pierce Butler; Daniel Carroll; James

Madison。



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 principles 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。  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 ittake control of iteven 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。  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。  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 Constitution; properly forbade the Federal Government

to control as to slavery in Federal territory。



In 1803; the Federal Government purchased the Louisiana country。  Our

former territorial acquisitions came from certain of our own States;

but this Louisiana country was acquired from a foreign nation。  In

1804; Congress gave a territorial organization to that part of it

which now constitutes the State of Lousiana。  New Orleans; lying

within that part; was an old and comparatively large city。  There

were other considerable towns and settlements; and slavery was

extensively and thoroughly intermingled with the people。  Congress

did not; in the Territorial Act; prohibit slavery; but they did

interfere with it take control of itin a more marked and extensive

way than they did in the case of Mississippi。  The substance of the

provision therein made in relation to 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…20there 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 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 thema 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 themse

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