Noted Speeches of Abraham Lincoln, Including the Lincoln-Douglas DebateLincoln, Abraham
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Noted Speeches of Abraham Lincoln, Including the Lincoln-Douglas Debate
Lincoln, Abraham
Lincoln, Abraham, 1809-1865 -- Oratory
I take these “thirty-nine,” for the present, 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”?
It is this: Does the proper division of local from Federal authority,
or anything in the Constitution, forbid our Federal Government to
control as to slavery in our Federal Territories?
Upon this, Senator Douglas holds the affirmative, and Republicans
the negative. This affirmation and denial form an issue; and this
issue--this question--is precisely what the text declares our
fathers understood “better than we.” Let us now inquire whether the
“thirty-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 1784, three years before the Constitution, the
United States then owning the Northwestern Territory and no other,
the Congress of the Confederation had before them the question of
prohibiting slavery in that Territory; and four of the “thirty-nine”
who afterward framed the Constitution were in that Congress, and voted
on that question. Of these, Roger Sherman, Thomas Mifflin, and Hugh
Williamson voted for the prohibition, thus showing that, in their
understanding, no line dividing local from Federal authority, nor
anything else, properly forbade the Federal Government to control as
to slavery in Federal territory. The other of the four, James McHenry,
voted against the prohibition, showing that for some cause he thought
it improper to vote for it.
In 1787, still before the Constitution, but while the convention was
in session framing it, and while the Northwestern Territory still was
the only Territory owned by the United States, the same question of
prohibiting slavery in the Territory again came before the Congress
of the Confederation; and two more of the “thirty-nine” who afterward
signed the Constitution were in that Congress, and voted on the
question. They were William Blount and William Few; and they both voted
for the prohibition--thus showing that in their understanding no line
dividing local from Federal authority, nor anything else, properly
forbade the Federal Government to control as to slavery in Federal
territory. This time the prohibition became a law, being part of what
is now well known as the ordinance of ’87.
The question of Federal control of slavery in the Territories seems not
to have been directly before the convention which framed the original
Constitution; and 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.
Public-domain text, read in full here on John Shaqi.
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