Chapter VII: Front Matter (7)

I have already said that the subtreasury will reduce the quantity of money in circulation. This position is strengthened by the recollection that the revenue is to be collected in Specie, so that the mere amount of revenue is not all that is withdrawn, but the amount of paper circulation that the forty millions would serve as a basis to is withdrawn, which would be in a sound state at least one hundred millions. When one hundred millions, or more, of the circulation we now have shall be withdrawn, who can contemplate without terror the distress, ruin, bankruptcy, and beggary that must follow? The man who has purchased any article--say a horse--on credit, at one hundred dollars, when there are two hundred millions circulating in the country, if the quantity be reduced to one hundred millions by the arrival of pay-day, will find the horse but sufficient to pay half the debt; and the other half must either be paid out of his other means, and thereby become a clear loss to him, or go unpaid, and thereby become a clear loss to his creditor. What I have here said of a single case of the purchase of a horse will hold good in every case of a debt existing at the time a reduction in the quantity of money occurs, by whomsoever, and for whatsoever, it may have been contracted. It may be said that what the debtor loses the creditor gains by this operation; but on examination this will be found true only to a very limited extent. It is more generally true that all lose by it--the creditor by losing more of his debts than he gains by the increased value of those he collects; the debtor by either parting with more of his property to pay his debts than he received in contracting them, or by entirely breaking up his business, and thereby being thrown upon the world in idleness.

The general distress thus created will, to be sure, be temporary, because, whatever change may occur in the quantity of money in any community, time will adjust the derangement produced; but while that adjustment is progressing, all suffer more or less, and very many lose everything that renders life desirable. Why, then, shall we suffer a severe difficulty, even though it be but temporary, unless we receive some equivalent for it?

What I have been saying as to the effect produced by a reduction of the quantity of money relates to the whole country. I now propose to show that it would produce a peculiar and permanent hardship upon the citizens of those States and Territories in which the public lands lie. The land-offices in those States and Territories, as all know, form the great gulf by which all, or nearly all, the money in them is swallowed up. When the quantity of money shall be reduced, and consequently everything under individual control brought down in proportion, the price of those lands, being fixed by law, will remain as now. Of necessity it will follow that the produce or labor that now raises money sufficient to purchase eighty acres will then raise but sufficient to purchase forty, or perhaps not that much; and this difficulty and hardship will last as long, in some degree, as any portion of these lands shall remain undisposed of. Knowing, as I well do, the difficulty that poor people now encounter in procuring homes, I hesitate not to say that when the price of the public lands shall be doubled or trebled, or, which is the same thing, produce and labor cut down to one half or one third of their present prices, it will be little less than impossible for them to procure those homes at all....

Well, then, what did become of him? (Postmaster General Barry) Why, the President immediately expressed his high disapprobation of his almost unequaled incapacity and corruption by appointing him to a foreign mission, with a salary and outfit of $18,000 a year! The party now attempt to throw Barry off, and to avoid the responsibility of his sins. Did not the President indorse those sins when, on the very heel of their commission, he appointed their author to the very highest and most honorable office in his gift, and which is but a single step behind the very goal of American political ambition?

I return to another of Mr. Douglas's excuses for the expenditures of 1838, at the same time announcing the pleasing intelligence that this is the last one. He says that ten millions of that year's expenditure was a contingent appropriation, to prosecute an anticipated war with Great Britain on the Maine boundary question. Few words will settle this. First, that the ten millions appropriated was not made till 1839, and consequently could not have been expended in 1838; second, although it was appropriated, it has never been expended at all. Those who heard Mr. Douglas recollect that he indulged himself in a contemptuous expression of pity for me. "Now he's got me," thought I. But when he went on to say that five millions of the expenditure of 1838 were payments of the French indemnities, which I knew to be untrue; that five millions had been for the post-office, which I knew to be untrue; that ten millions had been for the Maine boundary war, which I not only knew to be untrue, but supremely ridiculous also; and when I saw that he was stupid enough to hope that I would permit such groundless and audacious assertions to go unexposed,--I readily consented that, on the score both of veracity and sagacity, the audience should judge whether he or I were the more deserving of the world's contempt.

Mr. Lamborn insists that the difference between the Van Buren party and the Whigs is that, although the former sometimes err in practice, they are always correct in principle, whereas the latter are wrong in principle; and, better to impress this proposition, he uses a figurative expression in these words: "The Democrats are vulnerable in the heel, but they are sound in the head and the heart." The first branch of the figure--that is, that the Democrats are vulnerable in the heel--I admit is not merely figuratively, but literally true. Who that looks but for a moment at their Swartwouts, their Prices, their Harringtons, and their hundreds of others, scampering away with the public money to Texas, to Europe, and to every spot of the earth where a villain may hope to find refuge from justice, can at all doubt that they are most distressingly affected in their heels with a species of "running itch"? It seems that this malady of their heels operates on these sound-headed and honest-hearted creatures very much like the cork leg in the comic song did on its owner: which, when he had once got started on it, the more he tried to stop it, the more it would run away. At the hazard of wearing this point threadbare, I will relate an anecdote which seems too strikingly in point to be omitted. A witty Irish soldier, who was always boasting of his bravery when no danger was near, but who invariably retreated without orders at the first charge of an engagement, being asked by his captain why he did so, replied: "Captain, I have as brave a heart as Julius Caesar ever had; but, somehow or other, whenever danger approaches, my cowardly legs will run away with it." So with Mr. Lamborn's party. They take the public money into their hand for the most laudable purpose that wise heads and honest hearts can dictate; but before they can possibly get it out again, their rascally "vulnerable heels" will run away with them.

Seriously this proposition of Mr. Lamborn is nothing more or less than a request that his party may be tried by their professions instead of their practices. Perhaps no position that the party assumes is more liable to or more deserving of exposure than this very modest request; and nothing but the unwarrantable length to which I have already extended these remarks forbids me now attempting to expose it. For the reason given, I pass it by.

I shall advert to but one more point. Mr. Lamborn refers to the late elections in the States, and from their results confidently predicts that every State in the Union will vote for Mr. Van Buren at the next Presidential election. Address that argument to cowards and to knaves; with the free and the brave it will effect nothing. It may be true; if it must, let it. Many free countries have lost their liberty, and ours may lose hers; but if she shall, be it my proudest plume, not that I was the last to desert, but that I never deserted her. I know that the great volcano at Washington, aroused and directed by the evil spirit that reigns there, is belching forth the lava of political corruption in a current broad and deep, which is sweeping with frightful velocity over the whole length and breadth of the land, bidding fair to leave unscathed no green spot or living thing; while on its bosom are riding, like demons on the waves of hell, the imps of that evil spirit, and fiendishly taunting all those who dare resist its destroying course with the hopelessness of their effort; and, knowing this, I cannot deny that all may be swept away. Broken by it I, too, may be; bow to it I never will. The probability that we may fall in the struggle ought not to deter us from the support of a cause we believe to be just; it shall not deter me. If ever I feel the soul within me elevate and expand to those dimensions not wholly unworthy of its almighty Architect, it is when I contemplate the cause of my country deserted by all the world beside, and I standing up boldly and alone, and hurling defiance at her victorious oppressors. Here, without contemplating consequences, before high heaven and in the face of the world, I swear eternal fidelity to the just cause, as I deem it, of the land of my life, my liberty, and my love. And who that thinks with me will not fearlessly adopt the oath that I take? Let none falter who thinks he is right, and we may succeed. But if, after all, we shall fail, be it so. We still shall have the proud consolation of saying to our consciences, and to the departed shade of our country's freedom, that the cause approved of our judgment, and adored of our hearts, in disaster, in chains, in torture, in death, we never faltered in defending.

TO JOHN T. STUART.

SPRINGFIELD, December 23, 1839.

DEAR STUART:

Dr. Henry will write you all the political news. I write this about some little matters of business. You recollect you told me you had drawn the Chicago Masark money, and sent it to the claimants. A hawk-billed Yankee is here besetting me at every turn I take, saying that Robert Kinzie never received the eighty dollars to which he was entitled. Can you tell me anything about the matter? Again, old Mr. Wright, who lives up South Fork somewhere, is teasing me continually about some deeds which he says he left with you, but which I can find nothing of. Can you tell me where they are? The Legislature is in session and has suffered the bank to forfeit its charter without benefit of clergy. There seems to be little disposition to resuscitate it.

Whenever a letter comes from you to Mrs.____________ I carry it to her, and then I see Betty; she is a tolerable nice "fellow" now. Maybe I will write again when I get more time.

Your friend as ever, A. LINCOLN

P. S.--The Democratic giant is here, but he is not much worth talking about. A.L.

1840

CIRCULAR FROM WHIG COMMITTEE.

Confidential.

January [1?], 1840.

To MESSRS ------

GENTLEMEN:--In obedience to a resolution of the Whig State convention, we have appointed you the Central Whig Committee of your county. The trust confided to you will be one of watchfulness and labor; but we hope the glory of having contributed to the overthrow of the corrupt powers that now control our beloved country will be a sufficient reward for the time and labor you will devote to it. Our Whig brethren throughout the Union have met in convention, and after due deliberation and mutual concessions have elected candidates for the Presidency and Vice-Presidency not only worthy of our cause, but worthy of the support of every true patriot who would have our country redeemed, and her institutions honestly and faithfully administered. To overthrow the trained bands that are opposed to us whose salaried officers are ever on the watch, and whose misguided followers are ever ready to obey their smallest commands, every Whig must not only know his duty, but must firmly resolve, whatever of time and labor it may cost, boldly and faithfully to do it. Our intention is to organize the whole State, so that every Whig can be brought to the polls in the coming Presidential contest. We cannot do this, however, without your co-operation; and as we do our duty, so we shall expect you to do yours. After due deliberation, the following is the plan of organization, and the duties required of each county committee:

(1) To divide their county into small districts, and to appoint in each a subcommittee, whose duty it shall be to make a perfect list of all the voters in their respective districts, and to ascertain with certainty for whom they will vote. If they meet with men who are doubtful as to the man they will support, such voters should be designated in separate lines, with the name of the man they will probably support.

(2) It will be the duty of said subcommittee to keep a constant watch on the doubtful voters, and from time to time have them talked to by those in whom they have the most confidence, and also to place in their hands such documents as will enlighten and influence them.

(3) It will also be their duty to report to you, at least once a month, the progress they are making, and on election days see that every Whig is brought to the polls.

(4) The subcommittees should be appointed immediately; and by the last of April, at least, they should make their first report.

(5) On the first of each month hereafter we shall expect to hear from you. After the first report of your subcommittees, unless there should be found a great many doubtful voters, you can tell pretty accurately the manner in which your county will vote. In each of your letters to us, you will state the number of certain votes both for and against us, as well as the number of doubtful votes, with your opinion of the manner in which they will be cast.

(6) When we have heard from all the counties, we shall be able to tell with similar accuracy the political complexion of the State. This information will be forwarded to you as soon as received.

(7) Inclosed is a prospectus for a newspaper to be continued until after the Presidential election. It will be superintended by ourselves, and every Whig in the State must take it. It will be published so low that every one can afford it. You must raise a fund and forward us for extra copies,--every county ought to send--fifty or one hundred dollars,--and the copies will be forwarded to you for distribution among our political opponents. The paper will be devoted exclusively to the great cause in which we are engaged. Procure subscriptions, and forward them to us immediately.

(8) Immediately after any election in your county, you must inform us of its results; and as early as possible after any general election we will give you the like information.

(9) A senator in Congress is to be elected by our next Legislature. Let no local interests divide you, but select candidates that can succeed.

(10) Our plan of operations will of course be concealed from every one except our good friends who of right ought to know them.

Trusting much in our good cause, the strength of our candidates, and the determination of the Whigs everywhere to do their duty, we go to the work of organization in this State confident of success. We have the numbers, and if properly organized and exerted, with the gallant Harrison at our head, we shall meet our foes and conquer them in all parts of the Union.

Address your letters to Dr. A. G. Henry, R. F, Barrett; A. Lincoln, E. D. Baker, J. F. Speed.

TO JOHN T. STUART.

SPRINGFIELD, March 1, 1840

DEAR STUART:

I have never seen the prospects of our party so bright in these parts as they are now. We shall carry this county by a larger majority than we did in 1836, when you ran against May. I do not think my prospects, individually, are very flattering, for I think it probable I shall not be permitted to be a candidate; but the party ticket will succeed triumphantly. Subscriptions to the "Old Soldier" pour in without abatement. This morning I took from the post office a letter from Dubois enclosing the names of sixty subscribers, and on carrying it to Francis I found he had received one hundred and forty more from other quarters by the same day's mail. That is but an average specimen of every day's receipts. Yesterday Douglas, having chosen to consider himself insulted by something in the Journal, undertook to cane Francis in the street. Francis caught him by the hair and jammed him back against a market cart where the matter ended by Francis being pulled away from him. The whole affair was so ludicrous that Francis and everybody else (Douglass excepted) have been laughing about it ever since.

I send you the names of some of the V.B. men who have come out for Harrison about town, and suggest that you send them some documents.

Moses Coffman (he let us appoint him a delegate yesterday), Aaron Coffman, George Gregory, H. M. Briggs, Johnson (at Birchall's Bookstore), Michael Glyn, Armstrong (not Hosea nor Hugh, but a carpenter), Thomas Hunter, Moses Pileher (he was always a Whig and deserves attention), Matthew Crowder Jr., Greenberry Smith; John Fagan, George Fagan, William Fagan (these three fell out with us about Early, and are doubtful now), John M. Cartmel, Noah Rickard, John Rickard, Walter Marsh.

The foregoing should be addressed at Springfield.

Also send some to Solomon Miller and John Auth at Salisbury. Also to Charles Harper, Samuel Harper, and B. C. Harper, and T. J. Scroggins, John Scroggins at Pulaski, Logan County.

Speed says he wrote you what Jo Smith said about you as he passed here. We will procure the names of some of his people here, and send them to you before long. Speed also says you must not fail to send us the New York Journal he wrote for some time since.

Evan Butler is jealous that you never send your compliments to him. You must not neglect him next time.

Your friend, as ever, A. LINCOLN

RESOLUTION IN THE ILLINOIS LEGISLATURE.

November 28, 1840.

In the Illinois House of Representatives, November 28, 1840, Mr. Lincoln offered the following:

Resolved, That so much of the governor's message as relates to fraudulent voting, and other fraudulent practices at elections, be referred to the Committee on Elections, with instructions to said committee to prepare and report to the House a bill for such an act as may in their judgment afford the greatest possible protection of the elective franchise against all frauds of all sorts whatever.

RESOLUTION IN THE ILLINOIS LEGISLATURE.

December 2, 1840.

Resolved, That the Committee on Education be instructed to inquire into the expediency of providing by law for the examination as to the qualification of persons offering themselves as school teachers, that no teacher shall receive any part of the public school fund who shall not have successfully passed such examination, and that they report by bill or otherwise.

REMARKS IN THE ILLINOIS LEGISLATURE.

December 4, 1840

In the House of Representatives, Illinois, December 4, 1840, on presentation of a report respecting petition of H. N. Purple, claiming the seat of Mr. Phelps from Peoria, Mr. Lincoln moved that the House resolve itself into Committee of the Whole on the question, and take it up immediately. Mr. Lincoln considered the question of the highest importance whether an individual had a right to sit in this House or not. The course he should propose would be to take up the evidence and decide upon the facts seriatim.

Mr. Drummond wanted time; they could not decide in the heat of debate, etc.

Mr. Lincoln thought that the question had better be gone into now. In courts of law jurors were required to decide on evidence, without previous study or examination. They were required to know nothing of the subject until the evidence was laid before them for their immediate decision. He thought that the heat of party would be augmented by delay.

The Speaker called Mr. Lincoln to order as being irrelevant; no mention had been made of party heat.

Mr. Drummond said he had only spoken of debate. Mr. Lincoln asked what caused the heat, if it was not party? Mr. Lincoln concluded by urging that the question would be decided now better than hereafter, and he thought with less heat and excitement.

(Further debate, in which Lincoln participated.)

REMARKS IN THE ILLINOIS LEGISLATURE.

December 4, 1840.

In the Illinois House of Representatives, December 4, 1840, House in Committee of the Whole on the bill providing for payment of interest on the State debt,--Mr. Lincoln moved to strike out the body and amendments of the bill, and insert in lieu thereof an amendment which in substance was that the governor be authorized to issue bonds for the payment of the interest; that these be called "interest bonds"; that the taxes accruing on Congress lands as they become taxable be irrevocably set aside and devoted as a fund to the payment of the interest bonds. Mr. Lincoln went into the reasons which appeared to him to render this plan preferable to that of hypothecating the State bonds. By this course we could get along till the next meeting of the Legislature, which was of great importance. To the objection which might be urged that these interest bonds could not be cashed, he replied that if our other bonds could, much more could these, which offered a perfect security, a fund being irrevocably set aside to provide for their redemption. To another objection, that we should be paying compound interest, he would reply that the rapid growth and increase of our resources was in so great a ratio as to outstrip the difficulty; that his object was to do the best that could be done in the present emergency. All agreed that the faith of the State must be preserved; this plan appeared to him preferable to a hypothecation of bonds, which would have to be redeemed and the interest paid. How this was to be done, he could not see; therefore he had, after turning the matter over in every way, devised this measure, which would carry us on till the next Legislature.

(Mr. Lincoln spoke at some length, advocating his measure.)

Lincoln advocated his measure, December 11, 1840.

December 12, 1840, he had thought some permanent provision ought to be made for the bonds to be hypothecated, but was satisfied taxation and revenue could not be connected with it now.

1841

TO JOHN T. STUART--ON DEPRESSION

SPRINGFIELD, Jan 23, 1841

DEAR STUART: I am now the most miserable man living. If what I feel were equally distributed to the whole human family, there would not be one cheerful face on earth. Whether I shall ever be better, I cannot tell; I awfully forbode I shall not. To remain as I am is impossible. I must die or be better, as it appears to me.... I fear I shall be unable to attend any business here, and a change of scene might help me. If I could be myself, I would rather remain at home with Judge Logan. I can write no more.

REMARKS IN THE ILLINOIS LEGISLATURE.

January 23, 1841

In the House of Representatives January 23, 1841, while discussing the continuation of the Illinois and Michigan Canal, Mr. Moore was afraid the holders of the "scrip" would lose.

Mr. Napier thought there was no danger of that; and Mr. Lincoln said he had not examined to see what amount of scrip would probably be needed. The principal point in his mind was this, that nobody was obliged to take these certificates. It is altogether voluntary on their part, and if they apprehend it will fall in their hands they will not take it. Further the loss, if any there be, will fall on the citizens of that section of the country.

This scrip is not going to circulate over an extensive range of country, but will be confined chiefly to the vicinity of the canal. Now, we find the representatives of that section of the country are all in favor of the bill.

When we propose to protect their interests, they say to us: Leave us to take care of ourselves; we are willing to run the risk. And this is reasonable; we must suppose they are competent to protect their own interests, and it is only fair to let them do it.

CIRCULAR FROM WHIG COMMITTEE.

February 9, 1841.

Appeal to the People of the State of Illinois.

FELLOW-CITIZENS:--When the General Assembly, now about adjourning, assembled in November last, from the bankrupt state of the public treasury, the pecuniary embarrassments prevailing in every department of society, the dilapidated state of the public works, and the impending danger of the degradation of the State, you had a right to expect that your representatives would lose no time in devising and adopting measures to avert threatened calamities, alleviate the distresses of the people, and allay the fearful apprehensions in regard to the future prosperity of the State. It was not expected by you that the spirit of party would take the lead in the councils of the State, and make every interest bend to its demands. Nor was it expected that any party would assume to itself the entire control of legislation, and convert the means and offices of the State, and the substance of the people, into aliment for party subsistence. Neither could it have been expected by you that party spirit, however strong its desires and unreasonable its demands, would have passed the sanctuary of the Constitution, and entered with its unhallowed and hideous form into the formation of the judiciary system.

At the early period of the session, measures were adopted by the dominant party to take possession of the State, to fill all public offices with party men, and make every measure affecting the interests of the people and the credit of the State operate in furtherance of their party views. The merits of men and measures therefore became the subject of discussion in caucus, instead of the halls of legislation, and decisions there made by a minority of the Legislature have been executed and carried into effect by the force of party discipline, without any regard whatever to the rights of the people or the interests of the State. The Supreme Court of the State was organized, and judges appointed, according to the provisions of the Constitution, in 1824. The people have never complained of the organization of that court; no attempt has ever before been made to change that department. Respect for public opinion, and regard for the rights and liberties of the people, have hitherto restrained the spirit of party from attacks upon the independence and integrity of the judiciary. The same judges have continued in office since 1824; their decisions have not been the subject of complaint among the people; the integrity and honesty of the court have not been questioned, and it has never been supposed that the court has ever permitted party prejudice or party considerations to operate upon their decisions. The court was made to consist of four judges, and by the Constitution two form a quorum for the transaction of business. With this tribunal, thus constituted, the people have been satisfied for near sixteen years. The same law which organized the Supreme Court in 1824 also established and organized circuit courts to be held in each county in the State, and five circuit judges were appointed to hold those courts. In 1826 the Legislature abolished these circuit courts, repealed the judges out of office, and required the judges of the Supreme Court to hold the circuit courts. The reasons assigned for this change were, first, that the business of the country could be better attended to by the four judges of the Supreme Court than by the two sets of judges; and, second, the state of the public treasury forbade the employment of unnecessary officers. In 1828 a circuit was established north of the Illinois River, in order to meet the wants of the people, and a circuit judge was appointed to hold the courts in that circuit.

In 1834 the circuit-court system was again established throughout the State, circuit judges appointed to hold the courts, and the judges of the Supreme Court were relieved from the performance of circuit court duties. The change was recommended by the then acting governor of the State, General W. L. D. Ewing, in the following terms:

"The augmented population of the State, the multiplied number of organized counties, as well as the increase of business in all, has long since convinced every one conversant with this department of our government of the indispensable necessity of an alteration in our judiciary system, and the subject is therefore recommended to the earnest patriotic consideration of the Legislature. The present system has never been exempt from serious and weighty objections. The idea of appealing from the circuit court to the same judges in the Supreme Court is recommended by little hopes of redress to the injured party below. The duties of the circuit, too, it may be added, consume one half of the year, leaving a small and inadequate portion of time (when that required for domestic purposes is deducted) to erect, in the decisions of the Supreme Court, a judicial monument of legal learning and research, which the talent and ability of the court might otherwise be entirely competent to."

With this organization of circuit courts the people have never complained. The only complaints which we have heard have come from circuits which were so large that the judges could not dispose of the business, and the circuits in which Judges Pearson and Ralston lately presided.

Whilst the honor and credit of the State demanded legislation upon the subject of the public debt, the canal, the unfinished public works, and the embarrassments of the people, the judiciary stood upon a basis which required no change--no legislative action. Yet the party in power, neglecting every interest requiring legislative action, and wholly disregarding the rights, wishes, and interests of the people, has, for the unholy purpose of providing places for its partisans and supplying them with large salaries, disorganized that department of the government. Provision is made for the election of five party judges of the Supreme Court, the proscription of four circuit judges, and the appointment of party clerks in more than half the counties of the State. Men professing respect for public opinion, and acknowledged to be leaders of the party, have avowed in the halls of legislation that the change in the judiciary was intended to produce political results favorable to their party and party friends. The immutable principles of justice are to make way for party interests, and the bonds of social order are to be rent in twain, in order that a desperate faction may be sustained at the expense of the people. The change proposed in the judiciary was supported upon grounds so destructive to the institutions of the country, and so entirely at war with the rights and liberties of the people, that the party could not secure entire unanimity in its support, three Democrats of the Senate and five of the House voting against the measure. They were unwilling to see the temples of justice and the seats of independent judges occupied by the tools of faction. The declarations of the party leaders, the selection of party men for judges, and the total disregard for the public will in the adoption of the measure, prove conclusively that the object has been not reform, but destruction; not the advancement of the highest interests of the State, but the predominance of party.

We cannot in this manner undertake to point out all the objections to this party measure; we present you with those stated by the Council of Revision upon returning the bill, and we ask for them a candid consideration.

Believing that the independence of the judiciary has been destroyed, that hereafter our courts will be independent of the people, and entirely dependent upon the Legislature; that our rights of property and liberty of conscience can no longer be regarded as safe from the encroachments of unconstitutional legislation; and knowing of no other remedy which can be adopted consistently with the peace and good order of society, we call upon you to avail yourselves of the opportunity afforded, and, at the next general election, vote for a convention of the people.

S. H. LITTLE,
E. D. BAKER,
J. J. HARDIN,
E. B. WEBS,
A. LINCOLN,
J. GILLESPIE,

Committee on behalf of the Whig members of the Legislature.

AGAINST THE REORGANIZATION OF THE JUDICIARY.

EXTRACT FROM A PROTEST IN THE ILLINOIS LEGISLATURE

February 26, 1841

For the reasons thus presented, and for others no less apparent, the undersigned cannot assent to the passage of the bill, or permit it to become a law, without this evidence of their disapprobation; and they now protest against the reorganization of the judiciary, because--(1) It violates the great principles of free government by subjecting the judiciary to the Legislature. (2) It is a fatal blow at the independence of the judges and the constitutional term of their office. (3) It is a measure not asked for, or wished for, by the people. (4) It will greatly increase the expense of our courts, or else greatly diminish their utility. (5) It will give our courts a political and partisan character, thereby impairing public confidence in their decisions. (6) It will impair our standing with other States and the world. (7)It is a party measure for party purposes, from which no practical good to the people can possibly arise, but which may be the source of immeasurable evils.

The undersigned are well aware that this protest will be altogether unavailing with the majority of this body. The blow has already fallen, and we are compelled to stand by, the mournful spectators of the ruin it will cause.

[Signed by 35 members, among whom was Abraham Lincoln.]

TO JOSHUA F. SPEED--MURDER CASE

SPRINGFIELD June 19, 1841.

DEAR SPEED:--We have had the highest state of excitement here for a week past that our community has ever witnessed; and, although the public feeling is somewhat allayed, the curious affair which aroused it is very far from being even yet cleared of mystery. It would take a quire of paper to give you anything like a full account of it, and I therefore only propose a brief outline. The chief personages in the drama are Archibald Fisher, supposed to be murdered, and Archibald Trailor, Henry Trailor, and William Trailor, supposed to have murdered him. The three Trailors are brothers: the first, Arch., as you know, lives in town; the second, Henry, in Clary's Grove; and the third, William, in Warren County; and Fisher, the supposed murdered, being without a family, had made his home with William. On Saturday evening, being the 29th of May, Fisher and William came to Henry's in a one-horse dearborn, and there stayed over Sunday; and on Monday all three came to Springfield (Henry on horseback) and joined Archibald at Myers's, the Dutch carpenter. That evening at supper Fisher was missing, and so next morning some ineffectual search was made for him; and on Tuesday, at one o'clock P.M., William and Henry started home without him. In a day or two Henry and one or two of his Clary-Grove neighbors came back for him again, and advertised his disappearance in the papers. The knowledge of the matter thus far had not been general, and here it dropped entirely, till about the 10th instant, when Keys received a letter from the postmaster in Warren County, that William had arrived at home, and was telling a very mysterious and improbable story about the disappearance of Fisher, which induced the community there to suppose he had been disposed of unfairly. Keys made this letter public, which immediately set the whole town and adjoining county agog. And so it has continued until yesterday. The mass of the people commenced a systematic search for the dead body, while Wickersham was despatched to arrest Henry Trailor at the Grove, and Jim Maxcy to Warren to arrest William. On Monday last, Henry was brought in, and showed an evident inclination to insinuate that he knew Fisher to be dead, and that Arch. and William had killed him. He said he guessed the body could be found in Spring Creek, between the Beardstown road and Hickox's mill. Away the people swept like a herd of buffalo, and cut down Hickox's mill-dam nolens volens, to draw the water out of the pond, and then went up and down and down and up the creek, fishing and raking, and raking and ducking and diving for two days, and, after all, no dead body found.

In the meantime a sort of scuffling-ground had been found in the brush in the angle, or point, where the road leading into the woods past the brewery and the one leading in past the brick-yard meet. From the scuffle-ground was the sign of something about the size of a man having been dragged to the edge of the thicket, where it joined the track of some small-wheeled carriage drawn by one horse, as shown by the road-tracks. The carriage-track led off toward Spring Creek. Near this drag-trail Dr. Merryman found two hairs, which, after a long scientific examination, he pronounced to be triangular human hairs, which term, he says, includes within it the whiskers, the hair growing under the arms and on other parts of the body; and he judged that these two were of the whiskers, because the ends were cut, showing that they had flourished in the neighborhood of the razor's operations. On Thursday last Jim Maxcy brought in William Trailor from Warren. On the same day Arch. was arrested and put in jail. Yesterday (Friday) William was put upon his examining trial before May and Lovely. Archibald and Henry were both present. Lamborn prosecuted, and Logan, Baker, and your humble servant defended. A great many witnesses were introduced and examined, but I shall only mention those whose testimony seemed most important. The first of these was Captain Ransdell. He swore that when William and Henry left Springfield for home on Tuesday before mentioned they did not take the direct route,--which, you know, leads by the butcher shop,--but that they followed the street north until they got opposite, or nearly opposite, May's new house, after which he could not see them from where he stood; and it was afterwards proved that in about an hour after they started, they came into the street by the butcher shop from toward the brickyard. Dr. Merryman and others swore to what is stated about the scuffle-ground, drag-trail, whiskers, and carriage tracks. Henry was then introduced by the prosecution. He swore that when they started for home they went out north, as Ransdell stated, and turned down west by the brick-yard into the woods, and there met Archibald; that they proceeded a small distance farther, when he was placed as a sentinel to watch for and announce the approach of any one that might happen that way; that William and Arch. took the dearborn out of the road a small distance to the edge of the thicket, where they stopped, and he saw them lift the body of a man into it; that they then moved off with the carriage in the direction of Hickox's mill, and he loitered about for something like an hour, when William returned with the carriage, but without Arch., and said they had put him in a safe place; that they went somehow he did not know exactly how--into the road close to the brewery, and proceeded on to Clary's Grove. He also stated that some time during the day William told him that he and Arch. had killed Fisher the evening before; that the way they did it was by him William knocking him down with a club, and Arch. then choking him to death.

An old man from Warren, called Dr. Gilmore, was then introduced on the part of the defense. He swore that he had known Fisher for several years; that Fisher had resided at his house a long time at each of two different spells--once while he built a barn for him, and once while he was doctored for some chronic disease; that two or three years ago Fisher had a serious hurt in his head by the bursting of a gun, since which he had been subject to continued bad health and occasional aberration of mind. He also stated that on last Tuesday, being the same day that Maxcy arrested William Trailor, he (the doctor) was from home in the early part of the day, and on his return, about eleven o'clock, found Fisher at his house in bed, and apparently very unwell; that he asked him how he came from Springfield; that Fisher said he had come by Peoria, and also told of several other places he had been at more in the direction of Peoria, which showed that he at the time of speaking did not know where he had been wandering about in a state of derangement. He further stated that in about two hours he received a note from one of Trailor's friends, advising him of his arrest, and requesting him to go on to Springfield as a witness, to testify as to the state of Fisher's health in former times; that he immediately set off, calling up two of his neighbors as company, and, riding all evening and all night, overtook Maxcy and William at Lewiston in Fulton County; that Maxcy refusing to discharge Trailor upon his statement, his two neighbors returned and he came on to Springfield. Some question being made as to whether the doctor's story was not a fabrication, several acquaintances of his (among whom was the same postmaster who wrote Keys, as before mentioned) were introduced as sort of compurgators, who swore that they knew the doctor to be of good character for truth and veracity, and generally of good character in every way.

Here the testimony ended, and the Trailors were discharged, Arch. and William expressing both in word and manner their entire confidence that Fisher would be found alive at the doctor's by Galloway, Mallory, and Myers, who a day before had been despatched for that purpose; which Henry still protested that no power on earth could ever show Fisher alive. Thus stands this curious affair. When the doctor's story was first made public, it was amusing to scan and contemplate the countenances and hear the remarks of those who had been actively in search for the dead body: some looked quizzical, some melancholy, and some furiously angry. Porter, who had been very active, swore he always knew the man was not dead, and that he had not stirred an inch to hunt for him; Langford, who had taken the lead in cutting down Hickox's mill-dam, and wanted to hang Hickox for objecting, looked most awfully woebegone: he seemed the "victim of unrequited affection," as represented in the comic almanacs we used to laugh over; and Hart, the little drayman that hauled Molly home once, said it was too damned bad to have so much trouble, and no hanging after all.

I commenced this letter on yesterday, since which I received yours of the 13th. I stick to my promise to come to Louisville. Nothing new here except what I have written. I have not seen ______ since my last trip, and I am going out there as soon as I mail this letter.

Yours forever, LINCOLN.

STATEMENT ABOUT HARRY WILTON.

June 25, 1841

It having been charged in some of the public prints that Harry Wilton, late United States marshal for the district of Illinois, had used his office for political effect, in the appointment of deputies for the taking of the census for the year 1840, we, the undersigned, were called upon by Mr. Wilton to examine the papers in his possession relative to these appointments, and to ascertain therefrom the correctness or incorrectness of such charge. We accompanied Mr. Wilton to a room, and examined the matter as fully as we could with the means afforded us. The only sources of information bearing on the subject which were submitted to us were the letters, etc., recommending and opposing the various appointments made, and Mr. Wilton's verbal statements concerning the same. From these letters, etc., it appears that in some instances appointments were made in accordance with the recommendations of leading Whigs, and in opposition to those of leading Democrats; among which instances the appointments at Scott, Wayne, Madison, and Lawrence are the strongest. According to Mr. Wilton's statement of the seventy-six appointments we examined, fifty-four were of Democrats, eleven of Whigs, and eleven of unknown politics.

The chief ground of complaint against Mr. Wilton, as we had understood it, was because of his appointment of so many Democratic candidates for the Legislature, thus giving them a decided advantage over their Whig opponents; and consequently our attention was directed rather particularly to that point. We found that there were many such appointments, among which were those in Tazewell, McLean, Iroquois, Coles, Menard, Wayne, Washington, Fayette, etc.; and we did not learn that there was one instance in which a Whig candidate for the Legislature had been appointed. There was no written evidence before us showing us at what time those appointments were made; but Mr. Wilton stated that they all with one exception were made before those appointed became candidates for the Legislature, and the letters, etc., recommending them all bear date before, and most of them long before, those appointed were publicly announced candidates.

We give the foregoing naked facts and draw no conclusions from them.

BEND. S. EDWARDS, A. LINCOLN.

TO MISS MARY SPEED--PRACTICAL SLAVERY

BLOOMINGTON, ILL., September 27, 1841.

Miss Mary Speed, Louisville, Ky.

MY FRIEND: By the way, a fine example was presented on board the boat for contemplating the effect of condition upon human happiness. A gentleman had purchased twelve negroes in different parts of Kentucky, and was taking them to a farm in the South. They were chained six and six together. A small iron clevis was around the left wrist of each, and this fastened to the main chain by a shorter one, at a convenient distance from the others, so that the negroes were strung together precisely like so many fish upon a trotline. In this condition they were being separated forever from the scenes of their childhood, their friends, their fathers and mothers, and brothers and sisters, and many of them from their wives and children, and going into perpetual slavery where the lash of the master is proverbially more ruthless and unrelenting than any other; and yet amid all these distressing circumstances, as we would think them, they were the most cheerful and apparently happy creatures on board. One, whose offence for which he had been sold was an overfondness for his wife, played the fiddle almost continually, and the others danced, sang, cracked jokes, and played various games with cards from day to day. How true it is that 'God tempers the wind to the shorn lamb,' or in other words, that he renders the worst of human conditions tolerable, while he permits the best to be nothing better than tolerable. To return to the narrative: When we reached Springfield I stayed but one day, when I started on this tedious circuit where I now am. Do you remember my going to the city, while I was in Kentucky, to have a tooth extracted, and making a failure of it? Well, that same old tooth got to paining me so much that about a week since I had it torn out, bringing with it a bit of the jawbone, the consequence of which is that my mouth is now so sore that I can neither talk nor eat.

Your sincere friend, A. LINCOLN.

1842

TO JOSHUA F. SPEED--ON MARRIAGE

January 30, 1842.

MY DEAR SPEED:--Feeling, as you know I do, the deepest solicitude for the success of the enterprise you are engaged in, I adopt this as the last method I can adopt to aid you, in case (which God forbid!) you shall need any aid. I do not place what I am going to say on paper because I can say it better that way than I could by word of mouth, but, were I to say it orally before we part, most likely you would forget it at the very time when it might do you some good. As I think it reasonable that you will feel very badly some time between this and the final consummation of your purpose, it is intended that you shall read this just at such a time. Why I say it is reasonable that you will feel very badly yet, is because of three special causes added to the general one which I shall mention.

The general cause is, that you are naturally of a nervous temperament; and this I say from what I have seen of you personally, and what you have told me concerning your mother at various times, and concerning your brother William at the time his wife died. The first special cause is your exposure to bad weather on your journey, which my experience clearly proves to be very severe on defective nerves. The second is the absence of all business and conversation of friends, which might divert your mind, give it occasional rest from the intensity of thought which will sometimes wear the sweetest idea threadbare and turn it to the bitterness of death. The third is the rapid and near approach of that crisis on which all your thoughts and feelings concentrate.

If from all these causes you shall escape and go through triumphantly, without another "twinge of the soul," I shall be most happily but most egregiously deceived. If, on the contrary, you shall, as I expect you will at sometime, be agonized and distressed, let me, who have some reason to speak with judgment on such a subject, beseech you to ascribe it to the causes I have mentioned, and not to some false and ruinous suggestion of the Devil.

"But," you will say, "do not your causes apply to every one engaged in a like undertaking?" By no means. The particular causes, to a greater or less extent, perhaps do apply in all cases; but the general one,--nervous debility, which is the key and conductor of all the particular ones, and without which they would be utterly harmless,--though it does pertain to you, does not pertain to one in a thousand. It is out of this that the painful difference between you and the mass of the world springs.

I know what the painful point with you is at all times when you are unhappy; it is an apprehension that you do not love her as you should. What nonsense! How came you to court her? Was it because you thought she deserved it, and that you had given her reason to expect it? If it was for that why did not the same reason make you court Ann Todd, and at least twenty others of whom you can think, and to whom it would apply with greater force than to her? Did you court her for her wealth? Why, you know she had none. But you say you reasoned yourself into it. What do you mean by that? Was it not that you found yourself unable to reason yourself out of it? Did you not think, and partly form the purpose, of courting her the first time you ever saw her or heard of her? What had reason to do with it at that early stage? There was nothing at that time for reason to work upon. Whether she was moral, amiable, sensible, or even of good character, you did not, nor could then know, except, perhaps, you might infer the last from the company you found her in.

All you then did or could know of her was her personal appearance and deportment; and these, if they impress at all, impress the heart, and not the head.