An eminent jurist (Chancellor Walworth) has said that ``The preamble which was prefixed to these amendments, as adopted by Congress, is important to show in what light that body considered them.'' (8 Wend. R., p. 100.) It declares that a number of the State Conventions ``having at the time of their adopting the Constitution expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added,'' resolved, &c.
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.
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