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
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 had probably 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 “the 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 “life, liberty, or property without
due process of law”; while Senator Douglas and his peculiar adherents
plant themselves upon the tenth amendment, providing that “the powers
not delegated to the United States by the Constitution” “are reserved
to the States respectively, or 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 Northwestern Territory. Not only was it the same
Congress, but they were the identical, same individual men who, at
the same session, and 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.
The seventy-six members of that Congress, including sixteen of
the framers of the original Constitution, as before stated, were
pre-eminently 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.
Public-domain text, read in full here on John Shaqi.
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