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. More than this would be revolution. But we
think the Dred Scott decision is erroneous. We know the court that made it
has often overruled its own decisions, and we shall do what we can to have
it to overrule this. We offer no resistance to it.

Judicial decisions are of greater or less authority as precedents
according to circumstances. That this should be so accords both with
common sense and the customary understanding of the legal profession.

If this important decision had been made by the unanimous concurrence of
the judges, and without any apparent 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 assumed
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 through a course of years, it then might be,
perhaps would be, factious, nay, even revolutionary, not to acquiesce in
it as a 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 factious, it is not even
disrespectful, to treat it as not having yet quite established a settled
doctrine for the country. But Judge Douglas considers this view awful.
Hear him:

"The courts are the tribunals prescribed by the Constitution and created
by the authority of the people to determine, expound, and enforce the law.
Hence, whoever resists the final decision of the highest judicial tribunal
aims a deadly blow at our whole republican system of government--a blow
which, if successful, would place all our rights and liberties at the
mercy of passion,