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declaratory and restrictive clauses should be added," resolved, etc.

This preamble is in substance the preamble affixed to the "Conciliatory Resolutions" of Massachusetts, which

were drawn by Chief Justice Parsons, and offered in the Convention as a compromise by John Hancock.

(_Life Ch. J. Parsons,_ p. 67.) They were afterward copied and adopted with some additions by New

Hampshire.

The fifth amendment, on which the Supreme Court relies, is taken almost literally from the declaration of

rights put forth by the Convention of New York, and the clause referred to forms the ninth paragraph of the

declaration. The tenth amendment, on which Senator Douglas relies, is taken from the Conciliatory

Resolutions, and is the first of those resolutions somewhat modified. Thus, these two amendments, sought to

be used for slavery, originated in the two great anti-slavery States, New York and Massachusetts.]

[Footnote 26:--The amendments were proposed by Mr. Madison in the House of Representatives, June 8,

1789. They were adopted by the House, August 24, and some further amendments seem to have been

transmitted by the Senate, September 9. The printed journals of the Senate do not state the time of the final

passage, and the message transmitting them to the State Legislatures speaks of them as adopted at the first

session, begun on the fourth day of March, 1789. The date of the introduction and passage of the act enforcing

the Ordinance of '87 will be found at note 9, ante.]

[Footnote 27:--It is singular that while two of the "thirty-nine" were in that Congress of 1819, there was but

one (besides Mr. King) of the "seventy-six." The one was William Smith, of South Carolina. He was then a

Senator, and, like Mr. Pinckney, occupied extreme Southern ground.]

[Footnote 28:--The following is an extract from the letter referred to:

"I agree with you cordially in your views in regard to negro slavery. I have long considered it a most serious

evil, both socially and politically, and I should rejoice in any feasible scheme to rid our States of such a

burden. The Congress of 1787 adopted an ordinance which prohibits the existence of involuntary servitude in

our Northwestern Territory forever. I consider it a wise measure. It meets with the approval and assent of

nearly every member from the States more immediately interested in slave labor. The prevailing opinion in

Virginia is against the spread of slavery in our new Territories, and I trust we shall have a confederation of

free States."

The following extract from a letter of Washington to Robert Morris, April, 12th, 1786, shows how strong

were his views, and how clearly he deemed emancipation a subject for legislative enactment: "I can only say

that there is no man living who wishes more sincerely than I do to see a plan adopted for the abolition of it;

but there is but one proper and effective mode by which it can be accomplished, and that is, BY

LEGISLATIVE AUTHORITY, and that, as far as _my suffrage will go, shall never be wanting_."]

[Footnote 29:--A Committee of five, consisting of Messrs. Mason, Davis, and Fitch (Democrats), and

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Collamer and Doolittle (Republicans), was appointed Dec. 14, 1859, by the U.S. Senate, to investigate the

Harper's Ferry affair. That Committee was directed, among other things, to inquire: (1) "Whether such

invasion and seizure was made under color of any organization intended to subvert the government of any of

the States of the Union." (2) "What was the character and extent of such organisation." (3) "And whether any

citizens of the United States, not present, were implicated therein, or accessory thereto, by contributions of

money, arms, munitions, or otherwise."

The majority of the Committee, Messrs. Mason, Davis, and Fitch, reply to the inquiries as follows:

1. "There will be found in the Appendix a copy of the proceedings of a Convention held at Chatham, Canada,

of the Provisional Form of Government there pretended to have been instituted, the object of which clearly

was to subvert the government of one or more States, and of course, to that extent, the government of the

United States." By reference to the copy of Proceedings it appears that nineteen persons were present at that

Convention, eight of whom were either killed or executed at Charlestown, and one examined before the

Committee.

2. "The character of the military organization appears, by the commissions issued to certain of the armed party

as captains, lieutenants, etc., a specimen of which will be found in the Appendix."

(These Commissions are signed by John Brown as Commander-in-Chief, under the Provisional Government,

and by J.H. Kagi as Secretary.)

"It clearly appeared that the scheme of Brown was to take with him comparatively but few men; but those had

been carefully trained by military instruction previously, and were to act as officers. For his military force he

relied, very clearly, on inciting insurrection amongst the Slaves."

3. "It does not appear that the contributions were made with actual knowledge of the use for which they were

designed by Brown, although it does appear that money was freely contributed by those styling themselves the

friends of this man Brown, and friends alike of what they styled the cause of freedom (of which they claimed

him to be an especial apostle), without inquiring as to the way in which the money would be used by him to

advance such pretended cause."

In concluding the report the majority of the Committee thus characterize the "invasion": "It was simply the act

of lawless ruffians, under the sanction of no public or political authority--distinguishable only from ordinary

felonies by the ulterior ends in contemplation by them," etc.]

[Footnote 30:--The Southampton insurrection, August, 1831, was induced by the remarkable ability of a slave

calling himself General Nat Turner. He led his fellow bondsmen to believe that he was acting under the order

of Heaven. In proof of this he alleged that the singular appearance of the sun at that time was a divine signal

for the commencement of the struggle which would result in the recovery of their freedom. This insurrection

resulted in the death of sixty-four white persons, and more than one hundred slaves. The Southampton was the

eleventh large insurrection in the Southern States, besides numerous attempts and revolts.]

[Footnote 31:--In March, 1790, the General Assembly of France, on the petition of the free people of color in

St. Domingo, many of whom were intelligent and wealthy, passed a decree intended to be in their favor, but

so ambiguous as to be construed in favor of both the whites and the blacks. The differences growing out of the

decree created two parties--the whites and the people of color; and some blood was shed. In 1791, the blacks

again petitioned, and a decree was passed declaring the colored people citizens, who were born of free parents

on both sides. This produced great excitement among the whites, and the two parties armed against each other,

and horrible massacres and conflagrations followed. Then the Assembly rescinded this last decree, and like

results followed, the blacks being the exasperated parties and the aggressors. Then the decree giving

citizenship to the blacks was restored, and commissioners were sent out to keep the peace. The

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commissioners, unable to sustain themselves, between the two parties, with the troops they had, issued a

proclamation that all blacks who were willing to range themselves under the banner of the Republic should be

free. As a result a very large proportion of the blacks became in fact free. In 1794, the Conventional Assembly