Publisher's Synopsis
Excerpt from Defence of the National Democracy Against the Attack of Judge Douglas-Constitutional Rights of the States: Speech of Hon. J. P. Benjamin, of La., Delivered in the Senate of the United States, May 22, 1860
N ow, in regard to the attempt to get rid of the authority Of. This decision, on the ground that the questions were not before the court, and that they were obiter dzcta, allow me to say this. It is true that when a precise point is before a court, the judgment of the court upon that point is alone that which binds the parties but no law yer will contradict the assertion, that those prin ciples Which the court itself lays down as being the basis upon' which it arrives at its conclusion, are decisions by the court; they are not obiter dicta. Obiter dicta, merely passing sayings, are such views thrown out by a judge, in the course of his reasoning, as have no reference to the points upon Which he is deciding the case; but whenever, in order to reach a result, the court proceoeds to give those reasons for that result, and, in giving these reasons for arriving at the result, it lays down the. Principles upon which the result' is reached, I say those principles are considered as decided by the court. If unne cessary to its decision, they have less weight; but if the court itself declares the principles that it lays down to be necessary to its decision, and declares that it does decide them, then I say no lawyer can fail, when that case is brought. Up before the court, to say the' court has so jde� cid'ed.
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