There can be nothing in the words "support the
Constitution," if you may run counter to it by refusing support to any
right established under the Constitution. And what I say here will hold
with still more force against the Judge's doctrine of "unfriendly
legislation." How could you, having sworn to support the Constitution,
and believing that it guaranteed the right to hold slaves in the
Territories, assist in legislation intended to defeat that right? That
would be violating your own view of the Constitution. Not only so, but
if you were to do so, how long would it take the courts to hold your
votes unconstitutional and void? Not a moment.
Lastly, I would ask, is not Congress itself under obligation to give
legislative support to any right that is established under the United
States Constitution? I repeat the question, is not Congress itself bound
to give legislative support to any right that is established in the
United States Constitution? A member of Congress swears to support the
Constitution of the United States, and if he sees a right established by
that Constitution which needs specific legislative protection, can he
clear his oath without giving that protection? Let me ask you why many
of us, who are opposed to slavery upon principle, give our acquiescence
to a fugitive-slave law? Why do we hold ourselves under obligations to
pass such a law, and abide by it when passed? Because the Constitution
makes provision that the owners of slaves shall have the right to
reclaim them.
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