“If the opinion of the Supreme Court covered the whole ground of this Act, it ought not to control the coördinate authorities of this Government. The Congress, the Executive, and the Court must, each for itself, be guided by its own opinion of the Constitution. _Each public officer, who takes an oath to support the Constitution, swears that he will support it as he understands it, and not as it is understood by others._ It is as much the duty of the House of Representatives, of the Senate, and of the President, to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval, as it is of the Supreme Judges, when it may be brought before them for judicial decision.… The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive, when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.”
After this passage from General Jackson I proceeded as follows:--
“In swearing to support the Constitution at your desk, Mr. President, I did not swear to support it as _you_ understand it,--oh, no, Sir!--or as the Senator from Virginia understands it,--by no means!--or as the Senator from South Carolina understands it, with a kennel of bloodhounds, or at least a ‘dog’ in it, ‘pawing to get free his hinder parts,’ in pursuit of a slave. No such thing. Sir, I swore to support the Constitution _as I understand it_,--nor more, nor less.”
Then explaining at some length my understanding of the clause, I concluded on this point in these words:--
“I desire to say, that, as I understand the Constitution, this clause does not impose upon me, as Senator or citizen, any obligation to take part, directly or indirectly, in the surrender of a fugitive slave.”
Yet, in the face of all this, which occurred in open debate on the floor of the Senate, which is here in the records of the country, and has been extensively circulated, quoted, discussed, criticised, the Senator from Illinois, in the swiftness of his audacity, presumes to assail me. Perhaps I had better leave that Senator without a word more; but this is not the first, or the second, or the third, or the fourth time that he has launched against me his personalities. Sir, if this be agreeable to him, I make no complaint,--though, for the sake of truth and the amenities of debate, I could wish that he had directed his assaults upon my arguments; but since he has presumed to touch me, he will not complain, if I administer to him a word of advice.