Abraham Lincoln (1809–1865). Political Debates Between Lincoln and Douglas. 1897.
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| this task during his own lifetime, and yet he wants to go to Congress to do it all in six years. Do you think that he can persuade nine Judges, or a majority of them, to die in that six years, just to accommodate him? They are appointed Judges for life, and according to the present organization, new ones cannot be appointed during that time; but he is going to agitate until they die, and then have the President appoint good Republicans in their places. He had better be quite sure that he gets a Republican President at the same time to appoint them. He wants to have a Republican President elected by Northern votes, not a Southern man participating, and elected for the purpose of placing none but Republicans on the bench, and consequently, if he succeeds in electing that President, and succeeds in persuading the present Judges to die, in order that their vacancies may be filled, that the President will then appoint their successors. And by what process will he appoint them? He first looks for a man who has the legal qualifications, perhaps he takes Mr. Lincoln, and says, “Mr. Lincoln, would you not like to go on the Supreme bench?” “Yes,” replies Mr. Lincoln. “Well,” returns the Republican President, “I cannot appoint you until you give me a pledge as to how you will decide in the event of a particular question coming before you.” What would you think of Mr. Lincoln if he would consent to give that pledge? And yet he is going to prosecute a war until he gets the present Judges out, and then catechise each man and require a pledge before his appointment as to how he will decide each question that may arise upon points affecting the Republican party. Now, my friends, suppose this scheme was practical, I ask you what confidence you would have in a Court thus constituted—a Court composed of partisan Judges, appointed on political grounds, selected with a view to the decision of questions in a particular way, and pledged in regard to a decision before the argument, and without reference to the peculiar state of the facts. Would such a Court command the respect of the country? If the Republican party cannot trust Democratic Judges, how can they expect us to trust Republican Judges, when they have been selected in advance for the purpose of packing a decision in the event of a case arising? My fellow-citizens, whenever partisan politics shall be carried on to the bench; whenever the Judges shall be arraigned upon the |