Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography; United States -- History -- Civil War, 1861-1865
And now [said Mr. Lincoln] as to the Dred Scott decision. That
decision declares two propositions--first, that a negro cannot sue
in the United States courts; and secondly, that Congress cannot
prohibit slavery in the Territories. It was made by a divided
court--dividing differently on the different points. Judge Douglas
does not discuss the merits of the decision, and in that respect I
shall follow his example, believing I could no more improve on
McLean and Curtis, than he could on Taney. He denounces all who
question the correctness of that decision, as offering violent
resistance to it. But who resists it? Who has, in spite of the
decision, declared Dred Scott free, and resisted the authority of
his master over him? Judicial decisions have two uses--first, to
absolutely determine the case decided, and, secondly, to indicate
to the public how other similar cases will be decided when they
arise. For the latter use they are called "precedents" and
"authorities." We believe as much as Judge Douglas (perhaps more)
in obedience to and respect for the judicial department of
government. We think its decisions on constitutional questions,
when fully settled, should control, not only the particular cases
decided, but the general policy of the country, subject to be
disturbed only by amendments of the Constitution as provided in
that instrument itself. More than this would be revolution. But we
think the Dred Scott decision is erroneous. We know the court that
made it has often overruled its own decisions, and we shall do
what we can to have it overrule this. We offer no resistance to
it. Judicial decisions are of greater or less authority as
precedents according to circumstances. That this should be so,
accords both with common sense and the customary understanding of
the legal profession. If this important decision had been made by
the unanimous concurrence of the judges, and without any apparent
partisan bias, and in accordance with legal public expectation,
and with the steady practice of the departments throughout our
history, and had been in no part based on assumed historical facts
which are not really true; or, if wanting in some of these, it had
been before the court more than once, and had there been affirmed
and reaffirmed through a course of years, it then might be,
perhaps would be, factious, nay, even revolutionary, not to
acquiesce in it as a precedent. But when, as is true, we find it
wanting in all these claims to the public confidence, it is not
resistance, it is not factions, it is not even disrespectful, to
treat it as not having yet quite established a settled doctrine
for the country.
Rising above all questions of technical construction to the broad and
universal aspects of the issue, Mr. Lincoln continued:
Public-domain text, read in full here on John Shaqi.
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