The Papers and Writings of Abraham Lincoln — Volume 3: The Lincoln-Douglas DebatesLincoln, Abraham
History
The Papers and Writings of Abraham Lincoln — Volume 3: The Lincoln-Douglas Debates
Lincoln, Abraham
Lincoln-Douglas Debates, Ill., 1858
The sacredness that Judge Douglas throws around this decision is a degree
of sacredness that has never been before 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 here remember the case of that same Supreme
Court some twenty-five or thirty years ago deciding that a National Bank
was constitutional? I ask, if somebody does not remember that a National
Bank was declared to be constitutional? Such is the truth, whether it be
remembered or not. The Bank charter ran out, and a recharter was granted
by Congress. That recharter 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 coordinate 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 of the Supreme
Court"?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account