The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-05-10

What is the frame of Governme ut un
ded which We livel
The answer must be: "Tbe Constitu
ton Of the United States" That Consti.
tuition consists of the original, framed iu
1857 (and under which the present Gov.
ernneut FIRST went into operation), and
twelve subsequently framed amend men
the first ten of which were framed in
1889.
Who we're. our fathers that framed the
Constitution suppose the thirty nine u
who signed the original instrument may
be fairly called our fathers who framed
that part of the present Government. 1t
is almost exactly true to say they framed
it, and it is altogether true to say the =
fairly represented the opinion and senti-
ment Of the whole nation at that time
The names, being familiar to nearly all,
and accessible to quite all, need not now
be repested.
take these "tbirty nine, y for the pres
ent, as being 'our fathers who framed the
Government under which We live"
What is the question which, according
to the text those fathers understood just
as well, and even better than we do now
1t is this: : Does the proper division of
local from Federal authority. or any thing
in the Constitution, forbid our Federal
Government to control as to Slavery in
our Federal Territories
Upon this. Douglass holds the afirma-
tive, aud Republicans the negative. This
affir stise and denial form an issue; and
this issue-tbis question-is precisely
whst the text declares our fathers under
stood better than We.
Let Us now inquire whether the "thir-
ty-nine" or any of them, ever acted upon
this question; and if they did, how they
acted upon it--how they expressed that
better understanding.
In l764-three years before the Con
stitution-the United States then owning
the North Western Territory, and DO 9TH
er-the Congress of the Confederation
bad before them the question of prohibit
ing Slavery in that Territory; and four of
tBC tb4it -Htuc WIZ bttSI bEu II dtuSu
the Constitution we're in that Congress,
and voted on that question Of these,
Roger Sherman, Thomas Miffiin, and
Hn6h Williamson voted for the prohibi-
tion-thus showing that, in the understan-
ding. DO line dividing from Federal au
tbority, nor anything else, properly for
bade the Federal Government to control
as to Slavery iD Federal territory. The
other of the four--Janes McHenry-vo-
ted against the prohibition, showing that,
for some cause, be thought it improper TO
vote for it.
In 1857, still before the Constitution,
but while the Convention was in session
framing it. and while the North Western
Territory still was the only territory own-
ed by the United States--tbe same ques-
ton of prohibiting Slavery in the Terrific.
ri again came before the Congress of the
and three more of the
"thirty- nine" WHO afterward signed the
Constitution. were in that Congress and
voted on the question. They were W.
Blount, William Few, aud Abraham Bald
win; and they all voted for the prohiti-
ton thus chewing that, in their under
standing, 90 line dividing local from Fed
erai authority, nor aOything else. proper
ly forbade the Federal Government to
control as to Slavery in Federal territory.
This tine the prohibition became law,
being part of what is now well known
as the Oriinsuce of 81.
The question of Federal control of Sla-
very iU the Territories, seems not to have
been directly before the Convention which
framed the original Constitution; aud
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 1879, by the first Congress which
sat under the Constitution, an act was
passed to enforce the Ordinance of 's7,
including the prohibition of Slavery in
North Western Territory The bill for
this act was reported by one of the "thir-
ty.nine," Thomas Fitzsimnons, then a
Member Of the House of Representatives
from Pennsylvania. 1t went through all
It's stages without word OF opposition,
and finally passed both branches without
Yeas and Nays, which is equivalent to
unsnimous passage. In this Congress
there were sixteen of the thirty nine"
fathers who framed the original Constitu-
tiou. They were:
John Lapgdon, Tbos. Ftzsimmons,
Nicholas Gilman, William Few,
VIM. S. johnson, Abrahsm Baldwin,
Roger Sherman, Rufus King.
Robert Morris, William Patterson,
George Clymer, Richard Bassett,
George Read, Pierce Butler,
Daniel Carroll, james Madison.
This shows that, in their understand
ing, 10 line dividing local from Federal
authority, nor anything 10 the CoDstitu-
ton, properly forbade Congress to prohit-
it Slavery in the Federal territory; else
both their fidelity to correct principle, and
their oath to support the Constitution,
would have constrained them to oppose