American Eloquence, Volume 3: Studies In American Political History (1897)
History
American Eloquence, Volume 3: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
SPRINGFIELD, ILLINOIS, JUNE 26, 1857.
And now 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 to 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 to 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 factious, it is not even disrespectful, to
treat it as not having yet quite established a settled doctrine for the
country. But Judge Douglas considers this view awful. Hear him:
Public-domain text, read in full here on John Shaqi.
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