Semi=weekly graphic., 1896-08-05
LINCOLN ON THE
SUPREME COURT.
Freedom of Speech In Po-
litical Discussions.
THE INCOME TAX DECISION.

Abraham Eineoln's Opinion as to the Ex-
tent to which Supreme Court Decisions
Are Binding Upon the Public-The Chi
oago Convention In No Mood For Re-
fined Rhetoric.
The fereeness with which some Of
your gold contemporaries denounce the
plank Of The Democratic platform de-
claring for an income tax notwithstand-
ing the decision of the supreme court
adverse to the recent law imposing such
a tax recalls the historic debate between
Mr.. Lincoln and Judge Douglas in
1853. In the course of that debate Judge
Douglas charged Mr.. Lincoln and his
party with resisting" what was known
as the bred Scott decision, and in am
swer to that charge Mr.. Lincoln thus
states his view of the extent to which Il
supreme court decision is binding upon
the public as ruler of political ac-
tion:'
Judicial decisions have two uses:
First, to absolutely determine the case
decided, and, secondly, to indicate to
the public how other similar cases viii
be decided when they arise. For the
latter use they are called 'precedents,
and are of greater OF less authority ac-
eording to circumstances. If the bred
Scott decision had been made by the
unanimous concurrence Of all the judges,
and without any apparent partisan bias
and in accordance with legal expecta-
ton and the steady practice of the de-
partments throughout our history, Or If
it had been before the court more than
once and had there been affirmed and
reafflrmed through q course of years, it
might then be faotious not to acquiesce
in it as q precedent. But when, as is
true, we find it wanting III all these
claims to the public confidence, it is not
faotious, it is not even disrespeetful to
treat it as not having yet quite estab-
lished a settled doctrine for the country.
ttThis same court once decided ma.
tiona1 bank to be constitutional, but
General Jackson, as president of the
United States, disregarded the decision
and vetoed bill for a recharter of the
bank partly ON constitutional grounds.
Again and again 1 have heard Judge
Douglas denounce that decision and APP
plaud General Jackson for disregarding
it. The sacredness which Judge Doug
las throws around this bred Scott de-
cision is a degree of sacredness that has
baF1
other decision. I never heard Of such a
thing. We believe the bred Scott de-
eision TO be erroneous. We know that
the court that made it has often over
ruled its own decisions, and we shall do
what we can to have it override this.
We do not resist it. If I wanted to
take bred Scott from his master, that
would be resisting the decision, but I
am doing no such thing as that. / sim
ply refuse TO obey it as a political rule. -
Here we have Mr.. Linooln's opinion
as to how far the public is bound to fol-
low a supreme court decision politically.
The income tax decision is certainly
less entitled to public confidence on the
record than that of the bred Scott case,
for not only was it made by a bare ma
jority of divided court, but it was
fat reversal of an elaborate Judgment of
the same court on the same law.
The platform does not, however, ere
sist" the decision as it stands. II 1t were
proposed to levy and collect an income
tax under the law declared to be uncon-
stitutional, that would be resistance"
to the court, and hence revolutionary,
but nothing of the kind is contemplate
ed. It must be remembered that the
American people reserve the right to ex-
press their views in respect to all
branches of the public service. The SUI
preme court enjoys no exemption from
this rule. Whether the language of the
platform is sufficiently reverential to-
ward the court is more a matter of good
manners than of civil or political her
esy. But the convention was in no mood
for the refnements of rhetoric or the
fnesse of the parliamentarian. Its dec
larations are a resentful protest against
what it deems the oppression of the
people by trusts and monopolies, and the
language used is as it should be,
straightforward and determined. Free
dom of speech III the discussion of pub
lie affairs is part of the unwritten
law of the country and tends to the be-
neficence and stability of the govern
ment. Those who would deny or re-
strict this right to a representative body
like the Chicago convention are either
thoughtless or insincere, "A Republican
in New York Journal.