The Great Conspiracy, CompleteLogan, John Alexander
History
The Great Conspiracy, Complete
Logan, John Alexander
Slavery -- United States; United States -- Politics and government -- 1861-1865
"The sacredness that Judge Douglas throws around this decision is a
degree of sacredness that has never before been thrown around any other
decision. I have never heard of such a thing. Why, decisions
apparently contrary to that decision, or that good lawyers thought were
contrary to that decision, have been made by that very Court before. It
is the first of its kind; it is an astonisher in legal history. It is a
new wonder of the world. It is based upon falsehood in the main as to
the facts--allegations of facts upon which it stands are not facts at
all in many instances; and no decision made on any question--the first
instance of a decision made under so many unfavorable circumstances
--thus placed, has ever been held by the profession as law, and it has
always needed confirmation before the lawyers regarded it as settled
law. But Judge Douglas will have it that all hands must take this
extraordinary decision, made under these extraordinary circumstances,
and give their vote in Congress in accordance with it, yield to it and
obey it in every possible sense.
"Circumstances alter cases. Do not gentlemen remember the case of that
same Supreme Court, some twenty-five or thirty years ago, deciding that
a National Bank was Constitutional? * * * The Bank charter ran out,
and a recharter was granted by Congress. That re-charter was laid
before General Jackson. It was urged upon him, when he denied the
Constitutionality of the Bank, that the Supreme Court had decided that
it was Constitutional; and General Jackson then said that the Supreme
Court had no right to lay down a rule to govern a co-ordinate branch of
the Government, the members of which had sworn to support the
Constitution--that each member had sworn to support that Constitution as
he understood it. I will venture here to say, that I have heard Judge
Douglas say that he approved of General Jackson for that act. What has
now become of all his tirade about 'resistance to the Supreme Court?'"
Public-domain text, read in full here on John Shaqi.
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