Writings of Abraham Lincoln, the — Volume 3: the Lincoln-Douglas debates by Abraham Lincoln
page 83 of 138 (60%)
page 83 of 138 (60%)
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"Thus saith the Lord." There is nothing that can divert or turn him away
from this decision. It is nothing that I point out to him that his great prototype, General Jackson, did not believe in the binding force of decisions. It is nothing to him that Jefferson did not so believe. I have said that I have often heard him approve of Jackson's course in disregarding the decision of the Supreme Court pronouncing a National Bank constitutional. He says I did not hear him say so. He denies the accuracy of my recollection. I say he ought to know better than I, but I will make no question about this thing, though it still seems to me that I heard him say it twenty times. I will tell him, though, that he now claims to stand on the Cincinnati platform, which affirms that Congress cannot charter a National Bank, in the teeth of that old standing decision that Congress can charter a bank. And I remind him of another piece of history on the question of respect for judicial decisions, and it is a piece of Illinois history belonging to a time when the large party to which Judge Douglas belonged were displeased with a decision of the Supreme Court of Illinois, because they had decided that a Governor could not remove a Secretary of State. You will find the whole story in Ford's History of Illinois, and I know that Judge Douglas will not deny that he was then in favor of over-slaughing that decision by the mode of adding five new judges, so as to vote down the four old ones. Not only so, but it ended in the Judge's sitting down on that very bench as one of the five new judges to break down the four old ones It was in this way precisely that he got his title of judge. Now, when the Judge tells me that men appointed conditionally to sit as members of a court will have to be catechized beforehand upon some subject, I say, "You know, Judge; you have tried it." When he says a court of this kind will lose the confidence of all men, will be prostituted and disgraced by such a proceeding, I say, "You know best, Judge; you have been through the mill." But I cannot shake Judge Douglas's teeth loose from the Dred Scott |
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