The Papers and Writings of Abraham Lincoln, Complete

by Abraham Lincoln

The cases I have mentioned are the only acts of the "thirty-nine," or of any of them, upon the direct issue, which I have been able to discover.

To enumerate the persons who thus acted as being four in 1784, three in 1787, seventeen in 1789, three in 1798, two in 1804, and two in 1819-20,—there would be thirty-one of them. But this would be counting John Lang-don, Roger Sherman, William Few, Rufus King, and George Read each twice, and Abraham Baldwin four 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 them—a clear majority of the "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 any thing 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 responsibility 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 any thing 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 of 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-nine" 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 antislavery men of those times,—as 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-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 Government to control slavery in the Federal Territories; while 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 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 property without due process of law;" while Senator Douglas and his peculiar adherents plant themselves upon the tenth amendment, providing that "the powers not granted by the Constitution are reserved to the States respectively and to the people."

Now, it so happens that these amendments were framed by the first Congress which sat under the Constitution,—the identical Congress which passed the act already mentioned, enforcing the prohibition of slavery in the North-western Territory. Not only was it the same Congress, but they were the identical, same individual men, who, 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.

That Congress, consisting in all of seventy-six members, including sixteen of the framers of the original Constitution, as before stated, were preeminently 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.