The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-15

ters affecting the Mormon religion
by popular prejudice and clamor. Further.
more they have had the hardihood to be-
heve that what the supreme court has de-
clared legally wrong may be morally right
But is that more dangerous to the dignity
of that court or more liable to bring it into
contempt than to believe that what the
same august tribunal decided was legally
right is morally wrong, and should not be
accepted as rule of political action: If
not, then the Mormon people are in good
company, for that is precisely the position
taken by ABRAHAM LINCOLN in regard to
the DIED SCOTT decision. Replying to
some observations on that decision made by
Senator STEPHEN A. DOUGLAS, Mr. LINCOLN
said:
That decision declares two propositions-first,
that negro cannot sue in the United States
courts; and secondly, that Congress cannot
prohibit slavery IN the territories. II was made
by divided contributing differently on the
different points. Judge DOUGLAS does not dis
cuss the merits of the decision, and in that re-
spect shall follow his example, believing 1
could no more improve on MCLEAN and CUR
tbs, than he could on TANEY. He denounces
all who question the correctness of that de-
who resists il? Who has, in spite of the deci-
sion, declared DRIED 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 much as Judge DOUGLAS per
haps 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 par
ticular 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. More than this would
be revolution. But we think the DRIED SCOTT
decision is erroneous. We know the court that
made it has often overruled its own decisions,
and we shall do what We to have it oyerrule
this. We offer no resistance to it. judicial de-
cisions are Of greater or less authority as
presidents according to circumstances. That
this should be SO, accords both with COM
mon sense and the customary understand
ing of the legal profession. If this impor-
tant decision had been made by the unanimous
concurrence OF the judges, and without any ap-
parent partisan bias. and in accordance with
legal public expectation, and with the steady
practice OF the departments throughout our
history and had been in no part based on as
sumed historical facts which are not really
true; or, if wanting in some of these, it had
been before the court more than once, and had
there been affirmed and reaffirmed tn ough
course OF years, it then might be, perhaps
would be, factious, nay even revolutionary, not
TO acquiesce In it as q precedent. But when, as
is true, we find it wanting in all these claims to
the public confidence it is not resistance, it Is
not 1actious, it is not even disrespectful, to
treat 1t as not having yet quite established
settled doctrine for the country.
Greater disrespect than this has never
been offered to the government of the
United States by the Mormon people, and
that is simply no disrespect at all, nor re-
bellion nor anything else that is dangerous
TO its safety or that threatens its dignity
No violent resistance has ever been offered
to the decisions of the supreme court of the
United States. In the most solemn man
ner, in general conference assembled, the
Mormon church has bowed to those de-
cisions, even though they came in conflict
with doctrines entertained by its members.
The enemies of the Mormon people must
invent some other pretext for the disfran-
chisement and repatriation of our Mormon
citizens than this. The people of our coun-
try will soon know that the Mormon
church, more than any other, has given
evidence of its loyalty to our country.