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Writings of Abraham Lincoln, the — Volume 3: the Lincoln-Douglas debates by Abraham Lincoln
page 83 of 138 (60%)
"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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