Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-05-23


South Carolina (Applause.) The sum Of
the whole is that Of our "thirty-nine" fa-
theirs 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 Gov
ernment to control slavery in the Federal
Territories, while all the rest, probably, had
the same understanding Such, unquestion-
ably, was the understanding Of our fathers,
who framed the original Constitution; and
the text afirms that they understood the
question better than we. Laughter and
cheers.
But, SO far / have been considering the
understanding Of the question manifested by
the trainers Of the original Constitution. In
aud by the original instrument a mode was
provided for amending it; and, as have al
ready stated, the present form Of 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 Terrific
ries violates the Constitution, point US TO the
provisions which they suppose it thus Vio-
lates; and, as / understand, they all fix upon
provisions in these smendatory articles, and
not in the original instrument.
The Supreme Court and the Dred Scott Case.
The Supreme Court, in the Dred Scott case,
plant themselves upon the fifth amendment,
which provides that no person shall be de-
prived Of property without due process Of
law" while Senator Douglas and his pecu-
liar adherents plant themselves upon the
tenth amendment, providing that the pow
ers not granted by the Constitution, are re-
served to the States respectively, and to the
people" Now, it so happens that these
amendments were framed by the first Con-
gress which sat under the COnstitution-the
identical Congress which passed the act al
ready mentioned. enforcing the prohibition
of slavery in the Northwestern Territory
(Applause.) Not only was it the same Con-
gress, but they were the identical, same indi-
vidual men who, at the same session, at the
same time within the session, had under con
siderRtion, 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 in
troduced before and passed after the act of
enforcing the ordinance of 81; so that dur
ing the whole tendency of the act to enforce
the ordinance the constitutional amendments
were also pending. That Congress, consist
ing in all Of seyenty-six members, including
sixteen of the trainers Of the original Consti-
tuition, as before stated, were pre-eminently
our fathers who framed that part of the gov
eminent under which we live, which is now
claimed as forbidding the Federal Govern
ment to control slavery in the Federal Terri
tories. Is it not 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 alb
solutely inconsistent with each other.
The AbEurdIry Of Char ging Inc consistency up
on the Fathers.
And does not such affirmation become i'm
pudently absurd when coupled with the other
affirmation, from the same mouth, that those
who did the two things alleged to be incon-
sistent understood whether they really were
inconsistent better we-better than he who
affirms that they are inconsistent. (Applause
and great merriment.) 1t is surely safe to
assume that the 'thirty-nine" trainers of the
original Constitution, and the seventy-six
members of the Congress which framed
the amendments thereto, taken altogether,
do certainly include those who may be fairly
called sour fathers who framed the govern
ment under which we live" And so assu-
ming 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 loud applause.)
Igo a stepfurther. | defy any one to show
that any living man iu the world ever did,
prior to the beginning ofthe present century,
land might almost say prior to the beginning
Of the last half 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 Terri
tories. To those who 80 now declare give,
not only "our fathers who framed the Gov
ernment under which we live" but with them
all other living men within the century in
which it was framed among them to search,
and they shall not be able to find the evidence
of single man agreeing with them. Now
and here, let me guard little against being
misunderstood.
Modern Doctrines False and Deceptive.
do not mean to say we are bound to fol-
low implicitly in whatever our fathers did
To do so would be to discard all the lights of
current expert ence-to reject all progress-all
improvement What l do say is, that if we
would supplant the opinions and policy of our
fathers, in any case, we should do so upon evi-
dence so conclusive, and argument so clear,
that even their great authority fairly consid-
cred and weighed, cannot stand; and most sure
ly not in a case whereof we ourselves declare
they understood the question better than we.
(Laughter.) If any man, at this day, sim
cerely believes that proper division of local
from federal authority, or any part of the Con-
stitution forbids the Federal Government to
control as to slavery in the Feddral Territories
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 leis-
ure to study it, into the false belief that Sour
fathers, who framed the government under
which we live, were of the same opinion
thus substituting falsehood and deception for
truthsul evidence and fair argument. ZAP
plause.) If any man at this day sincerely
believes "Our fathers who framed the govern
ment under which we live" used and applied
principles, in other cases, which ought to have
lead them to understand that proper divis-
ion 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 re-
sponsibility of declaring that in his opinion,
he understands their principles better than
they did themselves-(great laughter)-and
especially should he not shirk that response
bility by asserting that they understood the
question just as well, and even better, than
we do now" (ApDlause.l
What the Republicans Ask and Desire.
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 they 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