Page:The World's Famous Orations Volume 9.djvu/210

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THE WORLD'S FAMOUS ORATIONS Supreme Court of the United States, and witb the recorded decision of the Court itself ; because Chief Justice Taney, after disposing of the de- murrer in that ease, undertook to go on and to decide the question upon the facts and the merits of the case; and, said he, in doing that we are met with the objection, "That anything we may say upon that part of the ease will be extra- judicial and mere obiter dicta. This is a manifest mistake, etc. ; and the Court — ^not Chief Justice Taney, but the whole Court, with but two dis- senting voices — decided that it was not obiter dicta; that it was exactly in point, within the jurisdiction of the Court, and that it was the duty of the Court to decide it. Now then, who shall the Democracy recognize as authority on this point — a statesman, no matter how brilliant and able and powerful in intellect, in the very meridian of life, animated by an ardent and consuming ambition, strug- gling as no other man has ever done for the high and brilliant position of candidate for the presi- dency of the United States, at the hand of this great party; or that old and venerable jurist, who, having filled his years with honor, leaves you his last great decision before stepping from the high place of earthly power into the grave, to appear before his Maker, in whose presence deception is impossible, and earthly position is as dust in the balance ? We simply claim that we, being coequal with you in the Territories, we having property which 200