Page:The World's Famous Orations Volume 9.djvu/253

LINCOLN It is scarcely questioned that this provision was intended by those who made it for the reclaim- ing of what we call fugitive slaves; and the in- tention of the lawgiver is the law. All members of Congress swear their support to the whole Constitution — to this provision as much as 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 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 what authority it is done. And should any one, in any case, be content that his oath should go unkept, on a mere unsubstan- tial controversy as to how it shall be kept? Again, in any law upon this subject, ought not all the safeguards of liberty known in civil- ized and humane jurisprudence to be intro- duced, 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 of the Consti- tution which guarantees that the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States? 243