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Logan, John Alexander, 1826-1886

"The Great Conspiracy, Volume 1"

How will
he do it? He says that if he is elected to the Senate he will introduce
and pass a law just like the Missouri Compromise, prohibiting Slavery
again in all the Territories. Suppose he does re-enact the same law
which the Court has pronounced unconstitutional, will that make it
Constitutional? * * * Will it be any more valid? Will he be able to
convince the Court that the second Act is valid, when the first is
invalid and void? What good does it do to pass a second Act? Why, it
will have the effect to arraign the Supreme Court before the People, and
to bring them into all the political discussions of the Country. Will
that do any good? * * *
"The functions of Congress are to enact the Statutes, the province of
the Court is to pronounce upon their validity, and the duty of the
Executive is to carry the decision into effect when rendered by the
Court. And yet, notwithstanding the Constitution makes the decision of
the Court final in regard to the validity of an Act of Congress, Mr.
Lincoln is going to reverse that decision by passing another Act of
Congress. When he has become convinced of the Folly of the proposition,
perhaps he will resort to the same subterfuge that I have found others
of his Party resort to, which is to agitate and agitate until he can
change the Supreme Court and put other men in the places of the present
incumbents.


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