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.

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 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 finally passed both branches without yeas 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. Johnnson, Roger Sherman, Robert Morris, Thos.  Fitzsimmons, William Few, Abraham Baldwin, Rufus King, William Paterson, George Claimer, Richard Bassett, George Read, Pierce Butler, Daniel Carroll, James Madison.

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 principles and their oath to support the Constitution would have constrained them to oppose the prohibition.

Again:  George Washington, another of the “thirty nine,” was then President of the United States, and, as such, approved and signed the bill; thus completing its validity as a law, and thus showing that, in his understanding, no line dividing local from Federal authority, nor anything in the Constitution, forbade the Federal Government to control as to slavery in Federal territory.