Abraham Lincoln (1809–1865). Political Debates Between Lincoln and Douglas. 1897.
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| at the thought that it was possible for the Supreme Court ever to make such a decision. He sneered at me for propounding the interrogatory. I had not propounded it without some reflection, and I wish now to address to this audience some remarks upon it. | 19 |
| In the second clause of the sixth article, I believe it is, of the Constitution of the United States, we find the following language: “This Constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary, notwithstanding.” | 20 |
| The essence of the Dred Scott case is compressed into the sentence which I will now read: “Now, as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution.” I repeat it, “The right of property in a slave is distinctly and expressly affirmed in the Constitution!” What is it to be “affirmed” in the Constitution? Made firm in the Constitution,—so made that it cannot be separated from the Constitution without breaking the Constitution; durable as the Constitution, and part of the Constitution. Now, remembering the provision of the Constitution which I have read; affirming that that instrument is the supreme law of the land; that the Judges of every State shall be bound by it, any law or Constitution of any State to the contrary notwithstanding; that the right of property in a slave is affirmed in that Constitution, is made, formed into, and cannot be separated from it without breaking it; durable as the instrument; part of the instrument;—what follows as a short and even syllogistic argument from it? I think it follows, and I submit to the consideration of men capable of arguing, whether as I state it, in syllogistic form, the argument has any fault in it? | 21 |
| Nothing in the Constitution or laws of any State can destroy a right distinctly and expressly affirmed in the Constitution of the United States. | 22 |
| The right of property in a slave is distinctly and expressly affirmed in the Constitution of the United States. | 23 |