Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“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 can not 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 upon 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
re-affirmed 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 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:
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