Sunday, June 28, 2015

Congressman Horace Binney to Francis Lieber, February 8, 1860

Philada., Feb. 8, 1860.

. . . The safer principle to adopt in regard to the Dred Scott case, I think, is, that when the Constitution has been interpreted on a contested point, by the Supreme Court, and that interpretation practically followed for more than half a century, no contrary decision by the same court can have the least authority whatever. This is the specific rule that I would apply.

There is no Constitution without it. If the Dred Scott case is followed, we have no unchanging Constitution whatever. It will be “alia lex Romœ, alia Athenis, alia nunc, alia posthac. Cicero had no notion of such a law.

They talk of overruling the former decisions and practice. Whoever heard of such a thing being done by the same tribunal? How can it overrule its own body, confirmed by the decisions of Presidents over and over again, and by the laws of the Representatives of the people? The judges have done an awful thing, as I have already told you; and my word for it, it will not stand one moment if this government stands. You know how the Amphictyonic Council fell when it went into politics and decided corruptly between Sparta and Thebes. So it will be here, unless the Dred Scott case is brushed away. . . .

SOURCE: Charles Chauncey Binney, The Life of Horace Binney: With Selections from His Letters, p. 296-7

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