inly written down in the Constitution.
But we are proposing no such thing.

When you make these declarations you have a specific and well
understood allusion to an assumed constitutional right of yours to take
slaves into the Federal Territories, and to hold them there as
property. But no such right is specifically written in the
Constitution. That instrument is literally silent about any such
right. We, on the contrary, deny that such a right has any existence
in the Constitution, even by implication.

Your purpose, then, plainly stated, is that you will destroy the
Government, unless you be allowed to construe and force the
Constitution as you please, on all points in dispute between you and
us. You will rule or ruin in all events.

This, plainly stated, is your language. Perhaps you will say the
Supreme Court has decided the disputed Constitutional question in your
favor. Not quite so. But waiving the lawyer's distinction between
dictum and decision, the court has decided the question for you in a
sort of way. The court has substantially said, it is your
constitutional right to take slaves into the Federal Territories, and
to hold them there as property.

When I say the decision was made in a sort of way, I mean it was made
in a divided court, by a bare majority of the judges, and they not
quite agreeing with one another in the reasons for making it; that it
is so made as that its avowed supporters disagree with one another
about its meaning, and that it was mainly based upon a mistaken
statement of fact--the statement in the opinion that "the right of
property in a slave is distinctly and expressly affirmed in the
Constitution."

An inspection of the Constitution will show that the right of property
in a slave is not "distinctly and expressly affirmed" in it. Bear in
mind, the judges do not pledge their judicial opinion that such right
is impliedly affirmed in the Constitution; but they pledge their
veracity that it is "distinctly and expressly" affirmed
there--"distinctly," that is, not mingled with anything
else--"expressly," that is, in words meaning just that, without the aid
of any inference, and susceptible of no other meaning.

If they had only pledged their judicial opinion that such right is
affirmed in the instrument by implication, it would be open to others
to show that neither the word "slave" nor "slavery" is to be found in
the Constitution, nor the word "property" even, in any connect