Abraham Lincoln, Stephen A. Douglas, Debates of Lincoln and Douglas: Carefully Prepared by the Reporters of Each Party at the times of their Delivery.

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[191] When the Washington Union, on the 17th of last November, published an article to that effect, I branded it at once, and denounced it, and hence the Union has been pursuing me ever since. Mr. Toombs, of Georgia, replied to me, and said that there was not a man in any of the slave States south of the Potomac river that held any such doctrine. Mr. Lincoln knows that there is not a member of the Supreme Court who holds that doctrine ; be knows that every one of them, as shown by their opinions, holds the reverse. Why this attempt, then, to bring the Supreme Court into disrepute among the people? It looks as if there was an effort being made to destroy public confidence in the highest judicial tribunal on earth. Suppose he succeeds in destroying public confidence in the court, so that the people will not respect its decisions, but will feel at liberty to disregard them, and resist the laws of the land, what will he have gained? He will have changed the Government from one of laws into that of a mob, in which the strong arm of violence will be substituted for the decisions of the courts of justice. He complains because I did not go into an argument reviewing Chief Justice Taney's opinion, and the other opinions of the different judges, to determine whether their reasoning is right or wrong on the questions of law. What use would that be? He wants to take an appeal from the Supreme Court to this meeting to determine whether the questions of law were decided properly. He is going to appeal from the Supreme Court of the United States to every town meeting in the hope that he can excite a prejudice against that court, and on the wave of that prejudice ride into the Senate of the United States, when he could not get there on his own principles, or his own merits. Suppose he should succeed in getting into the Senate of the United States, what then will he have to do with the decision of the Supreme Court in the Dred Scott case? Can he reverse that decision when he gets there? Can he act upon it? Has the Senate any right to reverse it or revise it? He will not pretend that it has. Then why drag the matter into this contest, unless for the purpose of making a false issue, by which he can direct public attention from the real issue.

He has cited General Jackson in justification of the war he is making on the decision of the court. Mr. Lincoln misunderstands the history of the country, if he believes there is any parallel in the two cases. It is true that the Supreme Court once decided that if a Bank of the United States was a necessary fiscal agent of the Government, it was Constitutional, and if not, that it was unconstitutional, and also, that whether or not it was necessary for that purpose, was a political question for Congress and not a judicial one for the courts to determine. Hence the court would not determine the bank unconstitutional. Jackson respected the decision, obeyed the law, executed it and carried it into effect during its existence; but after the charter of the bank expired and a proposition was made to create a new bank, General Jackson said, “it is unnecessary and improper, and, therefore, I am against it on Constitutional grounds as well as those of expediency.” Is Congress bound to pass every act that is Constitutional? Why, there are a thousand things that are Constitutional, but yet are inexpedient and unnecessary, and you surely would not vote for them merely because you had the right to? And because General Jackson would not do a thing which be had a right to do, but did not deem expedient or proper, Mr. Lincoln is going to justify himself in doing that which he has no right to do. I ask him, whether he is not bound to respect and obey the decisions of the Supreme Court as well as me? The Constitution has created that court to decide all Constitutional questions in the last resort, and when such decisions have been made, they become the law of the land, and you, and he, and myself, and every other good citizen are bound by them. Yet, he argues that I am bound by their decisions and he is not. He says that their decisions are binding on Democrats, but not on Republicans. Are not Republicans bound by the laws of the land as well as Democrats? And when the court has fixed the construction of the Constitution on the validity of a given law, is not their decision binding upon Republicans as well as upon Democrats? Is it possible that you Republicans have the right to raise your mobs and oppose the laws of the land and the constituted authorities, and yet hold us Democrats