Abraham Lincoln (1809–1865). Political Debates Between Lincoln and Douglas. 1897.
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| one in accordance with his opinions. If the decision of the Supreme Court, the tribunal created by the Constitution to decide the question, is final and binding, is he not bound by it just as strongly as if he was for it instead of against it originally? Is every man in this land allowed to resist decisions he does not like, and only support those that meet his approval? What are important courts worth unless their decisions are binding on all good citizens? It is the fundamental principle of the judiciary that its decisions are final. It is created for that purpose; so that when you cannot agree among yourselves on a disputed point you appeal to the judicial tribunal which steps in and decides for you, and that decision is then binding on every good citizen. It is the law of the land just as much with Mr. Lincoln against it as for it. And yet he says that if that decision is binding he is a perjured man if he does not vote for a slave code in the different Territories of this Union. Well, if you [turning to Mr. Lincoln] are not going to resist the decision, if you obey it, and do not intend to array mob law against the constituted authorities, then, according to your own statement, you will be a perjured man if you do not vote to establish slavery in these Territories. My doctrine is, that even taking Mr. Lincoln’s view that the decision recognizes the right of a man to carry his slaves into the Territories of the United States if he pleases, yet after he gets there he needs affirmative law to make that right of any value. The same doctrine not only applies to slave property, but all other kinds of property. Chief Justice Taney places it upon the ground that slave property is on an equal footing with other property. Suppose one of your merchants should move to Kansas and open a liquor store: he has a right to take groceries and liquors there; but the mode of selling them, and the circumstances under which they shall be sold, and all the remedies, must be prescribed by local legislation; and if that is unfriendly it will drive him out just as effectually as if there was a constitutional provision against the sale of liquor. So the absence of local legislation to encourage and support slave property in a Territory excludes it practically just as effectually as if there was a positive Constitutional provision against it. Hence, I assert that under the Dred Scott decision you cannot maintain slavery a day in a Territory where there is an unwilling people |