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the writings-5-第24章

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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 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

responsibilities 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。



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 on 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。



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 tine〃 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 timesas 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。



The sum of the whole is; that of our thirty…nine fathers who framed

the original Constitution; twenty…onea clear majority of the

wholecertainly 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;

whilst 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。〃



Now; it so happens that these amendments were framed by the first

Congress which sat under the Constitutionthe 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 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 webetter 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。〃  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

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; fair
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