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
mind that thus committing himself unreservedly to this decision commits
him to the next one just as firmly as to this. He did not commit himself
on account of the merit or demerit of the decision, but it is a "Thus
saith the Lord." The next decision, as much as this, will be a "Thus saith
the Lord." There is nothing that can divert or turn him away from this
decision. It is nothing that I point out to him that his great prototype,
General Jackson, did not believe in the binding force of decisions. It is
nothing to him that Jefferson did not so believe. I have said that I have
often heard him approve of Jackson's course in disregarding the decision
of the Supreme Court pronouncing a National Bank constitutional. He says I
did not hear him say so. He denies the accuracy of my recollection. I say
he ought to know better than I, but I will make no question about this
thing, though it still seems to me that I heard him say it twenty times.
I will tell him, though, that he now claims to stand on the Cincinnati
platform, which affirms that Congress cannot charter a National Bank, in
the teeth of that old standing decision that Congress can charter a bank.
And I remind him of another piece of history on the question of respect
for judicial decisions, and it is a piece of Illinois history belonging
to a time when the large party to which Judge Douglas belonged were
displeased with a decision of the Supreme Court of Illinois, because they
had decided that a Governor could not remove a Secretary of State. You
will find the whole story in Ford's History of Illinois, and I know that
Judge Douglas will not deny that he was then in favor of over-slaughing
that decision by the mode of adding five new judges, so as to vote down
the four old ones. Not only so, but it ended in the Judge's sitting down
on that very bench as one of the five new judges to break down the four
old ones It was in this way precisely that he got his title of judge. Now,
when the Judge tells me that men appointed conditionally to sit as members
of a court will have to be catechized beforehand upon some subject, I say,
"You know, Judge; you have tried it." When he says a court of this kind
will lose the confidence of all men, will be prostituted and disgraced by
such a proceeding, I say, "You know best, Judge; you have been through the
mill." But I cannot shake Judge Douglas's teeth loose from the Dred Scott
decision. Like some obstinate animal (I mean no disrespect) that will hang
on when he has once got his teeth fixed, you may cut off a leg, or you may
tear away an arm, still he will not relax his hold. And so I may point out
to the Judge, and say that he is bespattered all over, from the beginning
of his political life to the present time, with attacks upon judicial
decisions; I may cut off limb after limb of his public record, and strive
to wrench him from a single dictum of the court,--yet I cannot divert him
from it. He hangs, to the last, to the Dred Scott decision. These things
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