ic 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."

Again and again have I heard Judge Douglas denounce that bank decision and
applaud General Jackson for disregarding it. It would be interesting
for him to look over his recent speech, and see how exactly his fierce
philippics against us for resisting Supreme Court decisions fall upon his
own head. It will call to mind a long and fierce political war in this
country, upon an issue which, in his own language, and, of course, in his
own changeless estimation, "was a distinct issue between the friends and
the enemies of the Constitution," and in which war he fought in the ranks
of the enemies of the Constitution.

I have said, in substance, that the Dred Scott decision was in part based
on assumed historical facts which were not really true, and I ought not to
leave the subject without giving some reasons for saying this; I therefore
give an instance or two, which I think fully sustain me. Chief Justice
Taney, in delivering the opinion of the majority of the court, insists at
great length that negroes were no part of the people who made, or for
whom was made, the Declaration of Independence, or the Constitution of the
United States.

On the contrary, Judge Curtis, in his dissenting opinion, shows that in
five of the then thirteen States--to wit, New Hampshire, Massachusetts,
New York, New Jersey, and North Carolina--free negroes were voters, and in
proportion to their numbers had the same part in making the Constitution
that the white people had. He shows this with so much particularity as to
leave no doubt of its truth; and as a sort of conclusion on that point,
holds the following language:

"The Constitution was ordained and established by the people of the United
States, through the action, in each State, of those persons who were
qualified by its laws to act thereon in behalf of themselves and all other
citizens of the State. In some of the States, as we have seen, colored
persons were among those qualified by law to act on the subject. These
colored persons were not only included in the body of 'the people of the
United States' by whom the Constitution was ordained and established; but
in at least five of the States they had the power to act, and doubtless
did act, by their suffrages, upon the question of its adoption."

Again, Chief Justice Taney says:

"It is di