The Papers and Writings of Abraham Lincoln — Volume 3: The Lincoln-Douglas Debates - Abraham Lincoln

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.

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 sworn, I cannot conceive that I do support it if I withhold from that right any necessary legislation to make it practical. And if that is true in regard to a Fugitive Slave law, is the right to have fugitive slaves reclaimed any better fixed in the Constitution than the right to hold slaves in the Territories? For this decision is a just exposition of the Constitution, as Judge Douglas thinks. Is the one right any better than the other? Is there any man who, while a member of Congress, would give support to the one any more than the other? If I wished to refuse to give legislative support to slave property in the Territories, if a member of Congress, I could not do it, holding the view that the Constitution establishes that right. If I did it at all, it would be because I deny that this decision properly construes the Constitution. But if I acknowledge, with Judge Douglas, that this decision properly construes the Constitution, I cannot conceive that I would be less than a perjured man if I should refuse in Congress to give such protection to that property as in its nature it needed.

At the end of what I have said here I propose to give the Judge my fifth interrogatory, which he may take and answer at his leisure. My fifth interrogatory is this:

If the slaveholding citizens of a United States Territory should need and demand Congressional legislation for the protection of their slave property in such Territory, would you, as a member of Congress, vote for or against such legislation?

[Judge DOUGLAS: Will you repeat that? I want to answer that question.]

I am aware that in some of the speeches Judge Douglas has made, he has spoken as if he did not know or think that the Supreme Court had decided that a Territorial Legislature cannot exclude slavery. Precisely what the Judge would say upon the subject—whether he would say definitely that he does not understand they have so decided, or whether he would say he does understand that the court have so decided,—I do not know; but I know that in his speech at Springfield he spoke of it as a thing they had not decided yet; and in his answer to me at Freeport, he spoke of it, so far, again, as I can comprehend it, as a thing that had not yet been decided. Now, I hold that if the Judge does entertain that view, I think that he is not mistaken in so far as it can be said that the court has not decided anything save the mere question of jurisdiction. I know the legal arguments that can be made,—that after a court has decided that it cannot take jurisdiction in a case, it then has decided all that is before it, and that is the end of it. A plausible argument can be made in favor of that proposition; but I know that Judge Douglas has said in one of his speeches that the court went forward, like honest men as they were, and decided all the points in the case. If any points are really extra-judicially decided, because not necessarily before them, then this one as to the power of the Territorial Legislature, to exclude slavery is one of them, as also the one that the Missouri Compromise was null and void. They are both extra-judicial, or neither is, according as the court held that they had no jurisdiction in the case between the parties, because of want of capacity of one party to maintain a suit in that court. I want, if I have sufficient time, to show that the court did pass its opinion; but that is the only thing actually done in the case. If they did not decide, they showed what they were ready to decide whenever the matter was before them. What is that opinion? After having argued that Congress had no power to pass a law excluding slavery from a United States Territory, they then used language to this effect: That inasmuch as Congress itself could not exercise such a power, it followed as a matter of course that it could not authorize a Territorial government to exercise it; for the Territorial Legislature can do no more than Congress could do. Thus it expressed its opinion emphatically against the power of a Territorial Legislature to exclude slavery, leaving us in just as little doubt on that point as upon any other point they really decided.

Now, my fellow-citizens, I will detain you only a little while longer; my time is nearly out. I find a report of a speech made by Judge Douglas at Joliet, since we last met at Freeport,—published, I believe, in the Missouri Republican, on the 9th of this month, in which Judge Douglas says:

"You know at Ottawa I read this platform, and asked him if he concurred in each and all of the principles set forth in it. He would not answer these questions. At last I said frankly, I wish you to answer them, because when I get them up here where the color of your principles are a little darker than in Egypt, I intend to trot you down to Jonesboro. The very notice that I was going to take him down to Egypt made him tremble in his knees so that he had to be carried from the platform. He laid up seven days, and in the meantime held a consultation with his political physicians; they had Lovejoy and Farnsworth and all the leaders of the Abolition party, they consulted it all over, and at last Lincoln came to the conclusion that he would answer, so he came up to Freeport last Friday."

Now, that statement altogether furnishes a subject for philosophical contemplation. I have been treating it in that way, and I have really come to the conclusion that I can explain it in no other way than by believing the Judge is crazy. If he was in his right mind I cannot conceive how he would have risked disgusting the four or five thousand of his own friends who stood there and knew, as to my having been carried from the platform, that there was not a word of truth in it.