"
It is scarcely questioned that this provision was intended by
those who made it for the reclaiming of what we call fugitive
slaves; and the intention of the lawgiver is the law. All Members of
Congress swear their support to the whole Constitution-to this
provision as much as to any other. To the proposition, then, that
slaves whose cases come within the terms of this clause, "shall be
delivered up," their oaths are unanimous. Now, if they would make
the effort in good temper, could they not with nearly equal
unanimity frame and pass a law by means of which to keep good that
unanimous oath?
There is some difference of opinion whether this clause should be
enforced by national or by State authority; but surely that difference
is not a very material one. If the slave is to be surrendered, it
can be of but little consequence to him, or to others, by which
authority it is done. And should any one, in any case, be content that
his oath shall go unkept, on a merely unsubstantial controversy as
to how it shall be kept?
Again, in any law upon this subject, ought not all the safeguards of
liberty known in civilized and humane jurisprudence to be introduced
so that a free man be not, in any case, surrendered as a slave? And
might it not be well at the same time to provide by law for the
enforcement of that clause in the Constitution which guarantees that
"the citizen of each State shall be entitled to all privileges and
immunities of citizens in the several States"?
I take the official oath to-day with no mental reservations and with
no purpose to construe the Constitution or laws by any hypercritical
rules.
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