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might as well understand what you know practically, that you cannot carry slavery where the people do not want it. All you have a right to ask is that the people shall do as they please: if they want 5 slavery, let them have it; if they do not want it, allow them to refuse to encourage it.

My friends, if, as I have said before, we will only live up to this great fundamental principle, there will be peace between the North and the South. 10 Mr. Lincoln admits that, under the Constitution, on all domestic questions, except slavery, we ought not to interfere with the people of each State. What right have we to interfere with the people of each State. What right have we to interfere with slav15 ery any more than we have to interfere with any other question? He says that this slavery question is now the bone of contention. Why? Simply because agitators have combined in all the Free States to make war upon it. Suppose the agitators 20 in the States should combine in one half of the Union to make war upon the railroad system of the other half? They would thus be driven to the same sectional strife. Suppose one section makes war upon any other particular institution of the opposite 25 section, and the same strife is produced. The only remedy and safety is that we shall stand by the Constitution as our fathers made it, obey the laws as they are passed, while they stand the proper test, and sustain the decisions of the Supreme Court and 30 the constituted authorities.

Lincoln's Address at Cooper Institute

[FEBRUARY 27, 1860]

MR. PRESIDENT AND FELLOW-CITIZENS OF NEW YORK: The facts with which I shall deal this evening are mainly old and familiar; nor is there any- 5 thing new in the general use I shall make of them. If there shall be any novelty, it will be in the mode of presenting the facts, and the inferences and observations following that presentation. In his speech last Autumn at Columbus, Ohio, as reported in the 10 New York" Times," Senator Douglas said:

"Our fathers, when they framed the government under which we live, understood this question just as well, and even better, than we do now."

I fully indorse this, and I adopt it as a text for 15 this discourse. I so adopt it because it furnishes a precise and an agreed starting-point for a discussion between Republicans and that wing of the Democracy headed by Senator Douglas. It simply leaves the inquiry: What was the understanding 20 those fathers had of the question mentioned?

What is the frame of government under which we live? The answer must be, "The Constitution of the United States." That Constitution consists of the original, framed in 1787, and under which the 25

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present government first went into operation, and twelve subsequently framed amendments, the first ten of which were framed in 1789.

Who were our fathers that framed the Constitu5 tion? I suppose the "thirty-nine" who signed the original instrument may be fairly called our fathers who framed that part of the present government. It is almost exactly true to say they framed it, and it is altogether true to say they fairly represented 10 the opinion and sentiment of the whole nation at

that time. Their names, being familiar to nearly all, and accessible to quite all, need not now be repeated.

I take these "thirty-nine," for the present, as 15 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 20 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 25 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 30 acted upon it-how they expressed that better understanding. In 1784, three years before the Con

stitution, 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 Con- 5 stitution 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 10 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.

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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 20 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 25 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 30 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 "thirty5 nine," or any of them, while engaged on that instrument, expressed any opinion on that precise question.

In 1789, by the first Congress which sat under the Constitution, an act was passed to enforce the ordinance of '87, including the prohibition of slavery in To the Northwestern Territory. The bill for this act was reported by one of the "thirty-nine "-Thomas Fitzsimmons, then a member of the House of Representatives from Pennsylvania. It went through all its stages without a word of opposition, and 15 finally passed both branches without ayes and nays, which is equivalent to a unanimous passage. In this Congress there were sixteen of the thirty-nine fathers who framed the original Constitution. They were John Langdon, Nicholas Gilman, Wm. S. 20 Johnson, Roger Sherman, Robert Morris, Thos. Fitzsimmons, William Few, Abraham Baldwin, Rufus King, William Patterson, George Clymer, Richard Bassett, George Read, Pierce Butler, Daniel Carroll, and James Madison.

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This shows that, in their understanding, no line dividing local from Federal authority, nor anything in the Constitution, properly forbade Congress to prohibit slavery in the Federal territory; else both their fidelity to correct principle, and their oath to 30 support the Constitution, would have constrained them to oppose the prohibition,

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