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
“‘The courts are the tribunals prescribed by the Constitution and
created by the authority of the people to determine, expound, and
enforce the law. Hence, whoever resists the final decision of
the highest judicial tribunal, aims a deadly blow to our whole
Republican system of government--a blow which, if successful,
would place all our rights and liberties at the mercy of passion,
anarchy and violence. I repeat, therefore, that if resistance
to the decisions of the Supreme Court of the United States, in a
matter like the points decided in the Dred Scott case, clearly
within their jurisdiction as defined by the Constitution, shall
be forced upon the country as a political issue, it will become a
distinct and naked issue between the friends and enemies of the
Constitution--the friends and enemies of the supremacy of the laws.’
“Why, this same Supreme Court once decided a national bank to
be Constitutional; but General Jackson, as President of the
United States, disregarded the decision, and vetoed a bill for
a re-charter, partly on Constitutional ground, declaring that
each public functionary must support the Constitution, ‘as he
understands it.’ But hear the General’s own words. Here they are,
taken from his veto message:
“‘It is maintained by the advocates of the bank, that its
Constitutionality, in all its features, ought to be considered as
settled by precedent, and by the decision of the Supreme Court. To
this conclusion I can not assent. Mere precedent is a dangerous
source of authority, and should not be regarded as deciding
questions of Constitutional power, except where the acquiescence
of the people and the States can be considered as well settled. So
far from this being the case on this subject, an argument against
the bank might be based on precedent. One Congress, in 1791,
decided in favor of a bank; another, in 1811, decided against it.
One Congress, in 1815, decided against a bank; another, in 1816,
decided in its favor. Prior to the present Congress, therefore,
the precedents drawn from that source were equal. If we resort to
the States, the expression of legislative, judicial, and executive
opinions against the bank have been probably to those in its favor
as four to one. There is nothing in precedent, therefore, which,
if its authority were admitted, ought to weigh in favor of the act
before me.’
“I drop the quotations merely to remark, that all there ever was,
in the way of precedent up to the Dred Scott decision, on the
points therein decided, had been against that decision. But hear
General Jackson further:
Public-domain text, read in full here on John Shaqi.
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