Abraham Lincoln (1809–1865). Political Debates Between Lincoln and Douglas. 1897.
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| I intend to yield obedience to the decisions of the highest tribunals in the land in all cases whether their opinions are in conformity with my views as a lawyer or not. When we refuse to abide by judicial decisions what protection is there left for life and property? To whom shall you appeal? To mob law, to partisan caucuses, to town meetings, to revolution? Where is the remedy when you refuse obedience to the constituted authorities? I will not stop to inquire whether I agree or disagree with all the opinions expressed by Judge Taney or any other judge. It is enough for me to know that the decision has been made. It has been made by a tribunal appointed by the Constitution to make it; it was a point within their jurisdiction, and I am bound by it. | 20 |
| But, my friends, Mr. Lincoln says that this Dred Scott decision destroys the doctrine of popular sovereignty, for the reason that the Court has decided that Congress had no power to prohibit slavery in the Territories, and hence he infers that it would decide that the Territorial Legislatures could not prohibit slavery there. I will not stop to inquire whether the Court will carry the decision that far or not. It would be interesting as a matter of theory, but of no importance in practice; for this reason, that if the people of a Territory want slavery they will have it, and if they do not want it they will drive it out, and you cannot force it on them. Slavery cannot exist a day in the midst of an unfriendly people with unfriendly laws. There is truth and wisdom in a remark made to me by an eminent southern Senator, when speaking of this technical right to take slaves into the Territories. Said he, “I do not care a fig which way the decision shall be, for it is of no particular consequence; slavery cannot exist a day or an hour in any Territory or State unless it has affirmative laws sustaining and supporting it, furnishing police regulations and remedies, and an omission to furnish them would be as fatal as a constitutional prohibition. Without affirmative legislation in its favor slavery could not exist any longer than a new-born infant could survive under the heat of the sun, on a barren rock, without protection. It would wilt and die for the want of support.” So it would be in the Territories. See the illustration in Kansas. The Republicans have told you, during the whole history of that Territory, down to last winter, that the pro-slavery party in | |