Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-08-09

have acted just as the twenty-,hre
did.
Among that sixt.rn were severa
Of the most noted anti-Slavery men 0
those times-as Dr. Franklin. Alex
ander Hamilton, Gouvemeur Morris
while there was not one now known Il
have been otherwise, unless it may b
John Rutledge, of South Carolina
The sum of the whole Is, that Of on
"thirty- nine" fathers wAo framed tn,
original Constitution, twenty One-i
clear majority OF the whole-certainly
understood that no proper division c
local from federal authority, nor any
part of the Constitution. forbade tn,
Feieral Government to control slavery
in the Federal Territories, while all tn,
rest, probably, had the same under
standing. Such. unquestionably. wa.
the understanding of our fathers, whc
framed the original Constitution; anc
the text affirms that they understood
the question better than we.
But, so far | have been considering
the under, tanding of the question
manifested by the trainers of the orig
inal Constitution. In and by the
original instrument a modewas previ
ded for amending it: and. as | have
already stated, the present form oI
government under which we live con
sists of that original, and II amenda'
tory articles framed and adopted since
Those who now insist that fedora
control of slavery in Federal Terrific.
ries violates the Constitution, point
us to the provisions which they sup
pose it thus violates; and, as | under.
stand, they all ix upon provisions il
amendatory articles, and not in the
original Instrument.
The Supreme Court, in the Dred
Scott case, plant themselves upon tho
fifth amendment, which provides that
mo person shall be deprived of prop
erty without due process of law"
while Senator Douglas and his pecu-
liar adherents plant themselves upon
the tenth amendment providing that
"the powers not granted by the Con
stitution, are reserved to the States re-
spectivelv, and to the people" Now
it so happens these amendments were
framed by the first Congress which
sat under the Constltutlon-the llenti-
cal Congress which passed the act al
ready mentioned, enforcing the prom
bition of slavery in the Northwestern
Territory. Not only was it in the
same Congress, but they were the
identical, same indiviual men who, at
the same session, at the same time
within the session, had under consider.
alton, and in progress toward ma
turity, these Constitutional amend
ments, and this act prohibiting slavery
in all the Territory the nation ther
owned.
The Constitutional amendmenti
were introduced before and passe,
after the act of enforcing the ordinanc,
OF 81; that during the pendency of th'
act to enforce the ordinance the Con
stitutional amendmentswere also pend
ing. That Congress, consisting in al
OF seventy. six members, including six
teen of the trainers OF the origina
Constitution, as before stated, wcr,
prc-eminently our fathers who framed
that part of the government un'lc
which we live, which is now claimed
as forbidding the Federal Govern
ment to control slavery in the Fedora
Territories. is il not little pre-
sumptuous in any one at this day t'
affirm that the two things which tha
Congress deliberately framed, an,
carried to maturity at the same time
are absolutely inconsistent with cacl
other?
And does not such affirmation be
come impudcnily absurd when couplc'
with the other affirmation, from tn,
same mouth, that those who did tn
two things alleged to be inconsisten
understood whether they really wer'
inconsistent better than we-bette
than he who atlirms that they are in
consistent? Ii is surely safe to as
sumo that the 'thirty.ninc' trainers O
the original Constitution, and tn
seventy-six members of the Congress
which framed the amendments theret'
taken altogether. do certainly includ
those who may be fairly called 'ou
fathers who framed the government
under which we live And SO as
suming. | defy any man to show tha
any one of them ever in his whole liz
declared that, in his understanding
any proper division of local fom fed
eral authority, or any pant OF the Con
stitution forbade the Federal Govern
ment to control. as to slavery in ia
Federal Territories.
20 a step further. | defy any OH
to show that any living man in tll
world ever did. prior to the beginning
of the present century. (and ! Nigh
almost say prior TO the beginning {
the last halt century. J declare that. j
his understanding. any proper divi,
ion of local from federal authority. q
any part of the Constitution. forbad
the federal government To control a
to slavery in the federal territories
To those who now 30 declare Civ,
not only "our fathers who framed Ill
Government under which we live.
but with them all other living me
within tho century in which i, wa
framed. among whom 20 search, an
they shall not be able to find the ev
lence OF a single man agreeing wIt
them. Now and here. let me guard
little against being misunderstood
do ne, mean 10 say we are boun