The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-06-15
OFFICE IN HooPER's BRICK BLOCK, L

IL out Ouc may ana ,Ou6nt W vOVo hShins'
measure which he deems constitutional, IT,
at the same time. he deems It inexpedicnt.-
1t, therefore, would DO unsafe to set dowr
even the two who voted against the prohibi
ton, as having done 20 because, in their un
derstanding, and proper division Of locaI
from federal authority, or anything in the
Constitution, forbade the Federal Govern
ment to control rs to slavery in Federal Ter
ritory. Laughter and prolonged applause.
The remaining sixteen of the "thirty-nine'
30 far as have discovered, have left no rec
ord 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 undeptandingupon that question would
not hayeapparcd different from that of theil
twenty-threc compcers, had 1t been manifes
ted ut all. For the purpose of adhering rig
idly to the text, have purposely omitted
whatever understanding may have been man
ilcstcd, by any person, however distinguish
ed, other than the thirty-nine fathers who
framed the original Constitution; and, for
the same reason, have also admitted what
ever understanding may have been manifest
ed by any of the "thirty-nine" even, on any
other phase of the general. question Of slave
~. II we should look into their acts and
declarations on those other phases Us the for
eign slave trade, and the morality and poll.
cy of slavery generally, It would appear to
us that on the direct question of federal con-
troll OF slavery in the Federal Territories, the
sixteen, il they had acted at all, would prob.
ably have acted just Us the twcnty-thrce did.
ANTI-sLAvERY MEN OF TIE LAST CENTURY.
Among that sixteen were several Of the
most noted anti-slaycry men of those times
AS DR.. Franklin, Alexander Hamilton, and
Gouyerncur Morris-while there was not one
now known to have been otherwise, unless il
may be John Rutlcdge, Of South Carolina.
(Appausc.) The sum of the whole is, that
of our "thirty-nine" fathers who framed the
original Constitution, twenty-onc-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 tho same understand.
ing. Such, unquestionably, was the under.
standing of our fathers who framed the orig
inal Constitution and tho text niiirms that
they understood the question better than we
daughter and chcers.)
But, 80 far have been considering tn,
understanding of the question manifested by
the trainers Of the original Constitution. In
and by tho original instrument q mode wal
provided for amending it and, as have al
ready stated, the present frame of govern
ment under which we live consists OF thai
original, and twelve amcndatory articles fra
med and adopted since. Those who now in
sist that federal control ofslaycry in Federal
Territories violates the Constitution, p0in
us to the provisions which they suppose i
= thus violates and, rs | understand, they al
fix upon provisions in these amcndatory Ut
ticles, and not in that instrument.
TIE SUPREME COURT IN THE DRED SCOTT CASE
The Supreme Court in the Drcd Scott cas-
plant themselves upon the first amendment
which provides that "no person shall bc dc
priycd of property without due process o
law :" while Senator Douglas and his pecu
liar adherents plant themselves upon tn
tenth amendment, providing that "thc pow
ors not granted by the Constitution, are rc
served to the States respectively and to th'
people, Now, it SO happens that thes,
amendments were frame by tho first Con
crcss which sat under the Constitdtion-th,
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 in
diyidual men, who, at the same session, a
the same time within tho session, had undo
consideration, and in progress toward matu
rity, these Constitutional amendments, AM
this act prohibiting slavery in all the Terri
tory the nation then owned.
The Constitutional amendments were in
troduced before and passed after the act
enforcing the ordinance of 81 40 that dur
ing the whole tendency of the act to enlorc
the constitutional amendments were als,
pending. That Congress, consisting in al
of seyenty-six members, including sixteen o
the trainers of the original Constitution, a
before stated, were prominently our faith
crs who framed that part Of the government
under which wo live, which is Low elaine,
as forbidding the Federal Government Il
control slavery in the Federal Territories
IsN not little prcsumptuous in any one q
this day to affirm that the two things whicl
that Congress deliberately framed, and car
ried TO maturity at the same time, arc abso
lutely inconsistent with each other
THE ApsURprrY or CHARGING iSooSsrsrENc,
uroN TIE FATHERS.
And does not such affirmation become i'm
pudently absurd when coupled with the 9th
or affirmation, from the same mouth, tha
those who did the things alleged to be in
consistent understood whether they reall,,
were consistent-better than hc who al
firms that they are inconsistent. (Applaus
and great ncrrimont 1t is surely safe b
assume that the "thirty-nine" trainers o
tho original Constitution, and the seventy
six mcmbers Of the Congress which frames
the amendments thereto, taken together, d,
certainly include those who may be airl,
called sour fathers who framed the govern
ment under which we live." And 30 assu
ming, defy any man to show that any on
of them ever in his whole life declared that
in his understanding, any proper division o
local from federal authority, or any part o
the Constitution forbade the Federal Gov
ernmcnt to control as to slavery in the Fed
cral Territories. cloud applausc.)
Igo step further. l defy any one &
show that any living man in tho whole world
ever did, prior to the beginning Of the pres
cnt century, land might almost say prio
to the beginning of the last half Of the pros
cut century, declare that, in his understand
ing, any proper division Of local from fcicr
al authority, or any part of the Constitu
ton, forbade the Federal Government TO con
troll as to slavery In the Federal Territories
To those who 40 now declare | give, not on
ly "our fathers who framed the Governmcn
under which VIC livc," but with them al
other living men within tho century in which
II was framed, among them 10 search, ant
they shall not bc able to 6nd the evidence o
single man agreeing with them. Now an'
here, let mo guard little against being mis-
understood.
MODERN DOCTRINES FALSE AND DECEPTIVE.
I do not mean 10 say VIC arc bound to iol
Low implicitly In whatever our fathers did