That decision declares two
propositions--first, that a negro cannot sue in the United States courts;
and secondly, that Congress cannot prohibit slavery in the Territories.
It was made by a divided court dividing differently on the different
points. Judge Douglas does not discuss the merits of the decision, and in
that respect I shall follow his example, believing I could no more
improve on McLean and Curtis than he could on Taney.
He denounces all who question the correctness of that decision, as
offering violent resistance to it. But who resists it? Who has, in spite
of the decision, declared Dred Scott free, and resisted the authority of
his master over him?
Judicial decisions have two uses--first, to absolutely determine the case
decided, and secondly, to indicate to the public how other similar cases
will be decided when they arise. For the latter use, they are called
"precedents" and "authorities."
We believe as much as Judge Douglas (perhaps more) in obedience to, and
respect for, the judicial department of government. We think its
decisions on constitutional questions, when fully settled, should control
not only the particular cases decided, but the general policy of the
country, subject to be disturbed only by amendments of the Constitution
as provided in that instrument itself.
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