Abraham Lincoln (1809–1865). Political Debates Between Lincoln and Douglas. 1897.
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| and disregard your oath? I can conceive of nothing plainer in the world. 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 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. | 40 |
| 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 it is passed? Because the Constitution makes provision that the owners of slaves shall have the right to reclaim them. It gives the right to reclaim slaves; and that right is, as Judge Douglas says, a barren right, unless there is legislation that will enforce it. | 41 |
| The mere declaration, “No person held to service or labor in one State under the laws thereof, escaping into another, shall in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due,” is powerless without specific legislation to enforce it. Now, on what ground would a member of Congress who is opposed to slavery in the abstract, vote for a Fugitive law, as I would deem it my duty to do? Because there is a Constitutional right which needs legislation to enforce it. And although it is distasteful to me, I have sworn to support the Constitution; and having so | |