Noted Speeches of Abraham Lincoln, Including the Lincoln-Douglas DebateLincoln, Abraham
History
Noted Speeches of Abraham Lincoln, Including the Lincoln-Douglas Debate
Lincoln, Abraham
Lincoln, Abraham, 1809-1865 -- Oratory
This, plainly stated, is your language. Perhaps you will say the
Supreme Court has decided the disputed constitutional question in
your favor. Not quite so. But waiving the lawyer’s distinction
between dictum and decision, the court has decided the question for
you in a sort of way. The court has substantially said, it is your
constitutional right to take slaves into the Federal Territories, and
to hold them there as property. When I say the decision was made in a
sort of way, I mean it was made in a divided court, by a bare majority
of the judges, and they not quite agreeing with one another in the
reasons for making it; that it is so made that its avowed supporters
disagree with one another about its meaning, and that it was mainly
based upon a mistaken statement of fact--the statement in the opinion
that “the right of property in a slave is distinctly and expressly
affirmed in the Constitution.”
An inspection of the Constitution will show that the right of
property in a slave is not “distinctly and expressly affirmed” in
it. Bear in mind, the judges do not pledge their judicial opinion
that such right is impliedly affirmed in the Constitution; but
they pledge their veracity that it is “distinctly and expressly”
affirmed there--“distinctly,” that is, not mingled with anything
else--“expressly,” that is, in words meaning just that, without the aid
of any inference, and susceptible of no other meaning.
If they had only pledged their judicial opinion that such right is
affirmed in the instrument by implication, it would be open to others
to show that neither the word “slave” nor “slavery” is to be found in
the Constitution, nor the word “property” even, in any connection with
language alluding to the things slave, or slavery; and that wherever in
that instrument the slave is alluded to, he is called a “person”; and
wherever his master’s legal right in relation to him is alluded to, it
is spoken of as “service or labor which may be due”--as a debt payable
in service or labor. Also it would be open to show, by contemporaneous
history, that this mode of alluding to slaves and slavery, instead
of speaking of them, was employed on purpose to exclude from the
Constitution the idea that there could be property in man.
To show all this is easy and certain.
When this obvious mistake of the judges shall be brought to their
notice, is it not reasonable to expect that they will withdraw the
mistaken statement, and reconsider the conclusion based upon it?
And then it is to be remembered that “our fathers who framed
the government under which we live”--the men who made the
Constitution--decided this same constitutional question in our favor
long ago: decided it without division among themselves when making the
decision; without division among themselves about the meaning of it
after it was made, and, so far as any evidence is left, without basing
it upon any mistaken statement of facts.
Public-domain text, read in full here on John Shaqi.
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