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 anyone 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 citizens 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; and while I do not choose now to specify
particular acts of Congress as proper to be enforced, I do suggest
that it will be much safer for all, both in official and private
stations, to conform to and abide by all those acts which stand
unrepealed than to violate any of them trusting to find impunity
in having them held to be unconstitutional.
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