In his publication to-day, the General produces the affidavit of Reuben Radford, in which it is said that Talbott told Radford that he did not find the assignment in the deed, in the recording of which the error was committed, but that he found it wrapped in another paper in the recorder's office, upon which statement the Genl. comments as follows, to wit: "If it be true as stated by Talbott to Radford, that he found the assignment wrapped up in another paper at his office, that contradicts the statement of Lincoln that it fell out of the deed."

Is common sense to be abused with such sophistry? Did I say what Talbott found it in? If Talbott did find it in another paper at his office, is that any reason why he could not have folded it in a deed and brought it to my office? Can any one be so far duped as to be made believe that what may have happened at Talbot's office at one time is inconsistent with what happened at my office at another time?

Now Talbott's statement of the case as he makes it to me is this, that he got a bunch of deeds from young Adams, and that he knows he found the assignment in the bunch, but he is not certain which particular deed it was in, nor is he certain whether it was folded in the same deed out of which it was taken, or another one, when it was brought to my office. Is this a mysterious story? Is there anything suspicious about it?

"But it is useless to dwell longer on this point. Any man who is not wilfully blind can see at a flash, that there is no discrepancy, and Lincoln has shown that they are not only inconsistent with truth, but each other"—I can only say, that I have shown that he has done no such thing; and if the reader is disposed to require any other evidence than the General's assertion, he will be of my opinion.

Excepting the General's most flimsy attempt at mystification, in regard to a discrepance between Talbott and myself, he has not denied a single statement that I made in my hand-bill. Every material statement that I made has been sworn to by men who, in former times, were thought as respectable as General Adams. I stated that an assignment of a judgment, a copy of which I gave, had existed—Benj. Talbott, C. R. Matheny, Wm. Butler, and Judge Logan swore to its existence. I stated that it was said to be in Gen. Adams's handwriting—the same men swore it was in his handwriting. I stated that Talbott would swear that he got it out of Gen. Adams's possession—Talbott came forward and did swear it.

Bidding adieu to the former publication, I now propose to examine the General's last gigantic production. I now propose to point out some discrepancies in the General's address; and such, too, as he shall not be able to escape from. Speaking of the famous assignment, the General says: "This last charge, which was their last resort, their dying effort to render my character infamous among my fellow citizens, was manufactured at a certain lawyer's office in the town, printed at the office of the Sangamon Journal, and found its way into the world some time between two days just before the last election." Now turn to Mr. Keys' affidavit, in which you will find the following, viz.: "I certify that some time in May or the early part of June, 1837, I saw at Williams's corner a paper purporting to be an assignment from Joseph Anderson to James Adams, which assignment was signed by a mark to Anderson's name," etc. Now mark, if Keys saw the assignment on the last of May or first of June, Gen. Adams tells a falsehood when he says it was manufactured just before the election, which was on the 7th of August; and if it was manufactured just before the election, Keys tells a falsehood when he says he saw it on the last of May or first of June. Either Keys or the General is irretrievably in for it; and in the General's very condescending language, I say "Let them settle it between them."

Now again, let the reader, bearing in mind that General Adams has unequivocally said, in one part of his address, that the charge in relation to the assignment was manufactured just before the election, turn to the affidavit of Peter S. Weber, where the following will be found viz.: "I, Peter S. Weber, do certify that from the best of my recollection, on the day or day after Gen. Adams started for the Illinois Rapids, in May last, that I was at the house of Gen. Adams, sitting in the kitchen, situated on the back part of the house, it being in the afternoon, and that Benjamin Talbott came around the house, back into the kitchen, and appeared wild and confused, and that he laid a package of papers on the kitchen table and requested that they should be handed to Lucian. He made no apology for coming to the kitchen, nor for not handing them to Lucian himself, but showed the token of being frightened and confused both in demeanor and speech and for what cause I could not apprehend."

Commenting on Weber's affidavit, Gen. Adams asks, "Why this fright and confusion?" I reply that this is a question for the General himself. Weber says that it was in May, and if so, it is most clear that Talbott was not frightened on account of the assignment, unless the General lies when he says the assignment charge was manufactured just before the election. Is it not a strong evidence, that the General is not traveling with the pole-star of truth in his front, to see him in one part of his address roundly asserting that the assignment was manufactured just before the election, and then, forgetting that position, procuring Weber's most foolish affidavit, to prove that Talbott had been engaged in manufacturing it two months before?

In another part of his address, Gen. Adams says: "That I hold an assignment of said judgment, dated the 20th of May, 1828, and signed by said Anderson, I have never pretended to deny or conceal, but stated that fact in one of my circulars previous to the election, and also in answer to a bill in chancery." Now I pronounce this statement unqualifiedly false, and shall not rely on the word or oath of any man to sustain me in what I say; but will let the whole be decided by reference to the circular and answer in chancery of which the General speaks. In his circular he did speak of an assignment; but he did not say it bore date 20th of May, 1828; nor did he say it bore any date. In his answer in chancery, he did say that he had an assignment; but he did not say that it bore date the 20th May, 1828; but so far from it, he said on oath (for he swore to the answer) that as well as recollected, he obtained it in 1827. If any one doubts, let him examine the circular and answer for himself. They are both accessible.

It will readily be observed that the principal part of Adams's defense rests upon the argument that if he had been base enough to forge an assignment he would not have been fool enough to forge one that would not cover the case. This argument he used in his circular before the election. The Republican has used it at least once, since then; and Adams uses it again in his publication of to-day. Now I pledge myself to show that he is just such a fool that he and his friends have contended it was impossible for him to be. Recollect—he says he has a genuine assignment; and that he got Joseph Klein's affidavit, stating that he had seen it, and that he believed the signature to have been executed by the same hand that signed Anderson's name to the answer in chancery. Luckily Klein took a copy of this genuine assignment, which I have been permitted to see; and hence I know it does not cover the case. In the first place it is headed "Joseph Anderson vs. Joseph Miller," and heads off "Judgment in Sangamon Circuit Court." Now, mark, there never was a case in Sangamon Circuit Court entitled Joseph Anderson vs. Joseph Miller. The case mentioned in my former publication, and the only one between these parties that ever existed in the Circuit Court, was entitled Joseph Miller vs. Joseph Anderson, Miller being the plaintiff. What then becomes of all their sophistry about Adams not being fool enough to forge an assignment that would not cover the case? It is certain that the present one does not cover the case; and if he got it honestly, it is still clear that he was fool enough to pay for an assignment that does not cover the case.

The General asks for the proof of disinterested witnesses. Whom does he consider disinterested? None can be more so than those who have already testified against him. No one of them had the least interest on earth, so far as I can learn, to injure him. True, he says they had conspired against him; but if the testimony of an angel from Heaven were introduced against him, he would make the same charge of conspiracy. And now I put the question to every reflecting man, Do you believe that Benjamin Talbott, Chas. R. Matheny, William Butler and Stephen T. Logan, all sustaining high and spotless characters, and justly proud of them, would deliberately perjure themselves, without any motive whatever, except to injure a man's election; and that, too, a man who had been a candidate, time out of mind, and yet who had never been elected to any office?

Adams's assurance, in demanding disinterested testimony, is surpassing. He brings in the affidavit of his own son, and even of Peter S. Weber, with whom I am not acquainted, but who, I suppose, is some black or mulatto boy, from his being kept in the kitchen, to prove his points; but when such a man as Talbott, a man who, but two years ago, ran against Gen. Adams for the office of Recorder and beat him more than four votes to one, is introduced against him, he asks the community, with all the consequence of a lord, to reject his testimony.

I might easily write a volume, pointing out inconsistencies between the statements in Adams's last address with one another, and with other known facts; but I am aware the reader must already be tired with the length of this article. His opening statements, that he was first accused of being a Tory, and that he refuted that; that then the Sampson's ghost story was got up, and he refuted that; that as a last resort, a dying effort, the assignment charge was got up is all as false as hell, as all this community must know. Sampson's ghost first made its appearance in print, and that, too, after Keys swears he saw the assignment, as any one may see by reference to the files of papers; and Gen. Adams himself, in reply to the Sampson's ghost story, was the first man that raised the cry of toryism, and it was only by way of set-off, and never in seriousness, that it was bandied back at him. His effort is to make the impression that his enemies first made the charge of toryism and he drove them from that, then Sampson's ghost, he drove them from that, then finally the assignment charge was manufactured just before election. Now, the only general reply he ever made to the Sampson's ghost and tory charges he made at one and the same time, and not in succession as he states; and the date of that reply will show, that it was made at least a month after the date on which Keys swears he saw the Anderson assignment. But enough. In conclusion I will only say that I have a character to defend as well as Gen. Adams, but I disdain to whine about it as he does. It is true I have no children nor kitchen boys; and if I had, I should scorn to lug them in to make affidavits for me.

A. LINCOLN, September 6, 1837.



Gen. ADAMS CONTROVERSY—CONTINUED

TO THE PUBLIC.

"SANGAMON JOURNAL," Springfield, Ill, Oct.28, 1837.

Such is the turn which things have taken lately, that when Gen. Adams writes a book, I am expected to write a commentary on it. In the Republican of this morning he has presented the world with a new work of six columns in length; in consequence of which I must beg the room of one column in the Journal. It is obvious that a minute reply cannot be made in one column to everything that can be said in six; and, consequently, I hope that expectation will be answered if I reply to such parts of the General's publication as are worth replying to.

It may not be improper to remind the reader that in his publication of Sept. 6th General Adams said that the assignment charge was manufactured just before the election; and that in reply I proved that statement to be false by Keys, his own witness. Now, without attempting to explain, he furnishes me with another witness (Tinsley) by which the same thing is proved, to wit, that the assignment was not manufactured just before the election; but that it was some weeks before. Let it be borne in mind that Adams made this statement—has himself furnished two witnesses to prove its falsehood, and does not attempt to deny or explain it. Before going farther, let a pin be stuck here, labeled "One lie proved and confessed." On the 6th of September he said he had before stated in the hand-bill that he held an assignment dated May 20th, 1828, which in reply I pronounced to be false, and referred to the hand-bill for the truth of what I said. This week he forgets to make any explanation of this. Let another pin be stuck here, labelled as before. I mention these things because, if, when I convict him in one falsehood, he is permitted to shift his ground and pass it by in silence, there can be no end to this controversy.

The first thing that attracts my attention in the General's present production is the information he is pleased to give to "those who are made to suffer at his (my) hands."

Under present circumstances, this cannot apply to me, for I am not a widow nor an orphan: nor have I a wife or children who might by possibility become such. Such, however, I have no doubt, have been, and will again be made to suffer at his hands! Hands! Yes, they are the mischievous agents. The next thing I shall notice is his favorite expression, "not of lawyers, doctors and others," which he is so fond of applying to all who dare expose his rascality. Now, let it be remembered that when he first came to this country he attempted to impose himself upon the community as a lawyer, and actually carried the attempt so far as to induce a man who was under a charge of murder to entrust the defence of his life in his hands, and finally took his money and got him hanged. Is this the man that is to raise a breeze in his favor by abusing lawyers? If he is not himself a lawyer, it is for the lack of sense, and not of inclination. If he is not a lawyer, he is a liar, for he proclaimed himself a lawyer, and got a man hanged by depending on him.

Passing over such parts of the article as have neither fact nor argument in them, I come to the question asked by Adams whether any person ever saw the assignment in his possession. This is an insult to common sense. Talbott has sworn once and repeated time and again, that he got it out of Adams's possession and returned it into the same possession. Still, as though he was addressing fools, he has assurance to ask if any person ever saw it in his possession.

Next I quote a sentence, "Now my son Lucian swears that when Talbott called for the deed, that he, Talbott, opened it and pointed out the error." True. His son Lucian did swear as he says; and in doing so, he swore what I will prove by his own affidavit to be a falsehood. Turn to Lucian's affidavit, and you will there see that Talbott called for the deed by which to correct an error on the record. Thus it appears that the error in question was on the record, and not in the deed. How then could Talbott open the deed and point out the error? Where a thing is not, it cannot be pointed out. The error was not in the deed, and of course could not be pointed out there. This does not merely prove that the error could not be pointed out, as Lucian swore it was; but it proves, too, that the deed was not opened in his presence with a special view to the error, for if it had been, he could not have failed to see that there was no error in it. It is easy enough to see why Lucian swore this. His object was to prove that the assignment was not in the deed when Talbott got it: but it was discovered he could not swear this safely, without first swearing the deed was opened—and if he swore it was opened, he must show a motive for opening it, and the conclusion with him and his father was that the pointing out the error would appear the most plausible.

For the purpose of showing that the assignment was not in the bundle when Talbott got it, is the story introduced into Lucian's affidavit that the deeds were counted. It is a remarkable fact, and one that should stand as a warning to all liars and fabricators, that in this short affidavit of Lucian's he only attempted to depart from the truth, so far as I have the means of knowing, in two points, to wit, in the opening the deed and pointing out the error and the counting of the deeds,—and in both of these he caught himself. About the counting, he caught himself thus—after saying the bundle contained five deeds and a lease, he proceeds, "and I saw no other papers than the said deed and lease." First he has six papers, and then he saw none but two; for "my son Lucian's" benefit, let a pin be stuck here.

Adams again adduces the argument, that he could not have forged the assignment, for the reason that he could have had no motive for it. With those that know the facts there is no absence of motive. Admitting the paper which he has filed in the suit to be genuine, it is clear that it cannot answer the purpose for which he designs it. Hence his motive for making one that he supposed would answer is obvious. His making the date too old is also easily enough accounted for. The records were not in his hands, and then, there being some considerable talk upon this particular subject, he knew he could not examine the records to ascertain the precise dates without subjecting himself to suspicion; and hence he concluded to try it by guess, and, as it turned out, missed it a little. About Miller's deposition I have a word to say. In the first place, Miller's answer to the first question shows upon its face that he had been tampered with, and the answer dictated to him. He was asked if he knew Joel Wright and James Adams; and above three-fourths of his answer consists of what he knew about Joseph Anderson, a man about whom nothing had been asked, nor a word said in the question—a fact that can only be accounted for upon the supposition that Adams had secretly told him what he wished him to swear to.

Another of Miller's answers I will prove both by common sense and the Court of Record is untrue. To one question he answers, "Anderson brought a suit against me before James Adams, then an acting justice of the peace in Sangamon County, before whom he obtained a judgment.

"Q.—Did you remove the same by injunction to the Sangamon Circuit Court? Ans.—I did remove it."

Now mark—it is said he removed it by injunction. The word "injunction" in common language imports a command that some person or thing shall not move or be removed; in law it has the same meaning. An injunction issuing out of chancery to a justice of the peace is a command to him to stop all proceedings in a named case until further orders. It is not an order to remove but to stop or stay something that is already moving. Besides this, the records of the Sangamon Circuit Court show that the judgment of which Miller swore was never removed into said Court by injunction or otherwise.

I have now to take notice of a part of Adams's address which in the order of time should have been noticed before. It is in these words: "I have now shown, in the opinion of two competent judges, that the handwriting of the forged assignment differed from mine, and by one of them that it could not be mistaken for mine." That is false. Tinsley no doubt is the judge referred to; and by reference to his certificate it will be seen that he did not say the handwriting of the assignment could not be mistaken for Adams's—nor did he use any other expression substantially, or anything near substantially, the same. But if Tinsley had said the handwriting could not be mistaken for Adams's, it would have been equally unfortunate for Adams: for it then would have contradicted Keys, who says, "I looked at the writing and judged it the said Adams's or a good imitation."

Adams speaks with much apparent confidence of his success on attending lawsuits, and the ultimate maintenance of his title to the land in question. Without wishing to disturb the pleasure of his dream, I would say to him that it is not impossible that he may yet be taught to sing a different song in relation to the matter.

At the end of Miller's deposition, Adams asks, "Will Mr. Lincoln now say that he is almost convinced my title to this ten acre tract of land is founded in fraud?" I answer, I will not. I will now change the phraseology so as to make it run—I am quite convinced, &c. I cannot pass in silence Adams's assertion that he has proved that the forged assignment was not in the deed when it came from his house by Talbott, the recorder. In this, although Talbott has sworn that the assignment was in the bundle of deeds when it came from his house, Adams has the unaccountable assurance to say that he has proved the contrary by Talbott. Let him or his friends attempt to show wherein he proved any such thing by Talbott.

In his publication of the 6th of September he hinted to Talbott, that he might be mistaken. In his present, speaking of Talbott and me he says "They may have been imposed upon." Can any man of the least penetration fail to see the object of this? After he has stormed and raged till he hopes and imagines he has got us a little scared he wishes to softly whisper in our ears, "If you'll quit I will." If he could get us to say that some unknown, undefined being had slipped the assignment into our hands without our knowledge, not a doubt remains but that he would immediately discover that we were the purest men on earth. This is the ground he evidently wishes us to understand he is willing to compromise upon. But we ask no such charity at his hands. We are neither mistaken nor imposed upon. We have made the statements we have because we know them to be true and we choose to live or die by them.

Esq. Carter, who is Adams's friend, personal and political, will recollect, that, on the 5th of this month, he (Adams), with a great affectation of modesty, declared that he would never introduce his own child as a witness. Notwithstanding this affectation of modesty, he has in his present publication introduced his child as witness; and as if to show with how much contempt he could treat his own declaration, he has had this same Esq. Carter to administer the oath to him. And so important a witness does he consider him, and so entirely does the whole of his entire present production depend upon the testimony of his child, that in it he has mentioned "my son," "my son Lucian," "Lucian, my son," and the like expressions no less than fifteen different times. Let it be remembered here, that I have shown the affidavit of "my darling son Lucian" to be false by the evidence apparent on its own face; and I now ask if that affidavit be taken away what foundation will the fabric have left to stand upon?

General Adams's publications and out-door maneuvering, taken in connection with the editorial articles of the Republican, are not more foolish and contradictory than they are ludicrous and amusing. One week the Republican notifies the public that Gen. Adams is preparing an instrument that will tear, rend, split, rive, blow up, confound, overwhelm, annihilate, extinguish, exterminate, burst asunder, and grind to powder all its slanderers, and particularly Talbott and Lincoln—all of which is to be done in due time.

Then for two or three weeks all is calm—not a word said. Again the Republican comes forth with a mere passing remark that "public" opinion has decided in favor of Gen. Adams, and intimates that he will give himself no more trouble about the matter. In the meantime Adams himself is prowling about and, as Burns says of the devil, "For prey, and holes and corners tryin'," and in one instance goes so far as to take an old acquaintance of mine several steps from a crowd and, apparently weighed down with the importance of his business, gravely and solemnly asks him if "he ever heard Lincoln say he was a deist."

Anon the Republican comes again. "We invite the attention of the public to General Adams's communication," &c. "The victory is a great one, the triumph is overwhelming." I really believe the editor of the Illinois Republican is fool enough to think General Adams leads off—"Authors most egregiously mistaken &c. Most woefully shall their presumption be punished," &c. (Lord have mercy on us.) "The hour is yet to come, yea, nigh at hand—(how long first do you reckon?)—when the Journal and its junto shall say, I have appeared too early." "Their infamy shall be laid bare to the public gaze." Suddenly the General appears to relent at the severity with which he is treating us and he exclaims: "The condemnation of my enemies is the inevitable result of my own defense." For your health's sake, dear Gen., do not permit your tenderness of heart to afflict you so much on our account. For some reason (perhaps because we are killed so quickly) we shall never be sensible of our suffering.

Farewell, General. I will see you again at court if not before—when and where we will settle the question whether you or the widow shall have the land.

A. LINCOLN. October 18, 1837.



1838



TO Mrs. O. H. BROWNING—A FARCE

SPRINGFIELD, April 1, 1838.

DEAR MADAM:—Without apologizing for being egotistical, I shall make the history of so much of my life as has elapsed since I saw you the subject of this letter. And, by the way, I now discover that, in order to give a full and intelligible account of the things I have done and suffered since I saw you, I shall necessarily have to relate some that happened before.

It was, then, in the autumn of 1836 that a married lady of my acquaintance, and who was a great friend of mine, being about to pay a visit to her father and other relatives residing in Kentucky, proposed to me that on her return she would bring a sister of hers with her on condition that I would engage to become her brother-in-law with all convenient despatch. I, of course, accepted the proposal, for you know I could not have done otherwise had I really been averse to it; but privately, between you and me, I was most confoundedly well pleased with the project. I had seen the said sister some three years before, thought her intelligent and agreeable, and saw no good objection to plodding life through hand in hand with her. Time passed on; the lady took her journey and in due time returned, sister in company, sure enough. This astonished me a little, for it appeared to me that her coming so readily showed that she was a trifle too willing, but on reflection it occurred to me that she might have been prevailed on by her married sister to come without anything concerning me ever having been mentioned to her, and so I concluded that if no other objection presented itself, I would consent to waive this. All this occurred to me on hearing of her arrival in the neighborhood—for, be it remembered, I had not yet seen her, except about three years previous, as above mentioned. In a few days we had an interview, and, although I had seen her before, she did not look as my imagination had pictured her. I knew she was over-size, but she now appeared a fair match for Falstaff. I knew she was called an "old maid," and I felt no doubt of the truth of at least half of the appellation, but now, when I beheld her, I could not for my life avoid thinking of my mother; and this, not from withered features,—for her skin was too full of fat to permit of its contracting into wrinkles,—but from her want of teeth, weather-beaten appearance in general, and from a kind of notion that ran in my head that nothing could have commenced at the size of infancy and reached her present bulk in less than thirty-five or forty years; and in short, I was not at all pleased with her. But what could I do? I had told her sister that I would take her for better or for worse, and I made a point of honor and conscience in all things to stick to my word especially if others had been induced to act on it which in this case I had no doubt they had, for I was now fairly convinced that no other man on earth would have her, and hence the conclusion that they were bent on holding me to my bargain.

"Well," thought I, "I have said it, and, be the consequences what they may, it shall not be my fault if I fail to do it." At once I determined to consider her my wife; and, this done, all my powers of discovery were put to work in search of perfections in her which might be fairly set off against her defects. I tried to imagine her handsome, which, but for her unfortunate corpulency, was actually true. Exclusive of this no woman that I have ever seen has a finer face. I also tried to convince myself that the mind was much more to be valued than the person; and in this she was not inferior, as I could discover, to any with whom I had been acquainted.

Shortly after this, without coming to any positive understanding with her, I set out for Vandalia, when and where you first saw me. During my stay there I had letters from her which did not change my opinion of either her intellect or intention, but on the contrary confirmed it in both.

All this while, although I was fixed, "firm as the surge-repelling rock," in my resolution, I found I was continually repenting the rashness which had led me to make it. Through life, I have been in no bondage, either real or imaginary, from the thraldom of which I so much desired to be free. After my return home, I saw nothing to change my opinions of her in any particular. She was the same, and so was I. I now spent my time in planning how I might get along through life after my contemplated change of circumstances should have taken place, and how I might procrastinate the evil day for a time, which I really dreaded as much, perhaps more, than an Irishman does the halter.

After all my suffering upon this deeply interesting subject, here I am, wholly, unexpectedly, completely, out of the "scrape"; and now I want to know if you can guess how I got out of it——out, clear, in every sense of the term; no violation of word, honor, or conscience. I don't believe you can guess, and so I might as well tell you at once. As the lawyer says, it was done in the manner following, to wit: After I had delayed the matter as long as I thought I could in honor do (which, by the way, had brought me round into the last fall), I concluded I might as well bring it to a consummation without further delay; and so I mustered my resolution, and made the proposal to her direct; but, shocking to relate, she answered, No. At first I supposed she did it through an affectation of modesty, which I thought but ill became her under the peculiar circumstances of her case; but on my renewal of the charge, I found she repelled it with greater firmness than before. I tried it again and again but with the same success, or rather with the same want of success.

I finally was forced to give it up; at which I very unexpectedly found myself mortified almost beyond endurance. I was mortified, it seemed to me, in a hundred different ways. My vanity was deeply wounded by the reflection that I had been too stupid to discover her intentions, and at the same time never doubting that I understood them perfectly, and also that she, whom I had taught myself to believe nobody else would have, had actually rejected me with all my fancied greatness. And, to cap the whole, I then for the first time began to suspect that I was really a little in love with her. But let it all go. I'll try and outlive it. Others have been made fools of by the girls, but this can never with truth be said of me. I most emphatically in this instance, made a fool of myself. I have now come to the conclusion never again to think of marrying, and for this reason: I can never be satisfied with any one who would be blockhead enough to have me.

When you receive this, write me a long yarn about something to amuse me. Give my respects to Mr. Browning.

Your sincere friend, A. LINCOLN.



1839



REMARKS ON SALE OF PUBLIC LANDS

IN THE HOUSE OF REPRESENTATIVES, January 17, 1839.

Mr. Lincoln, from Committee on Finance, to which the subject was referred, made a report on the subject of purchasing of the United States all the unsold lands lying within the limits of the State of Illinois, accompanied by resolutions that this State propose to purchase all unsold lands at twenty-five cents per acre, and pledging the faith of the State to carry the proposal into effect if the government accept the same within two years.

Mr. Lincoln thought the resolutions ought to be seriously considered. In reply to the gentleman from Adams, he said that it was not to enrich the State. The price of the lands may be raised, it was thought by some; by others, that it would be reduced. The conclusion in his mind was that the representatives in this Legislature from the country in which the lands lie would be opposed to raising the price, because it would operate against the settlement of the lands. He referred to the lands in the military tract. They had fallen into the hands of large speculators in consequence of the low price. He was opposed to a low price of land. He thought it was adverse to the interests of the poor settler, because speculators buy them up. He was opposed to a reduction of the price of public lands.

Mr. Lincoln referred to some official documents emanating from Indiana, and compared the progressive population of the two States. Illinois had gained upon that State under the public land system as it is. His conclusion was that ten years from this time Illinois would have no more public land unsold than Indiana now has. He referred also to Ohio. That State had sold nearly all her public lands. She was but twenty years ahead of us, and as our lands were equally salable—more so, as he maintained—we should have no more twenty years from now than she has at present.

Mr. Lincoln referred to the canal lands, and supposed that the policy of the State would be different in regard to them, if the representatives from that section of country could themselves choose the policy; but the representatives from other parts of the State had a veto upon it, and regulated the policy. He thought that if the State had all the lands, the policy of the Legislature would be more liberal to all sections.

He referred to the policy of the General Government. He thought that if the national debt had not been paid, the expenses of the government would not have doubled, as they had done since that debt was paid.



TO ——— ROW.

SPRINGFIELD, June 11, 1839 DEAR ROW:

Mr. Redman informs me that you wish me to write you the particulars of a conversation between Dr. Felix and myself relative to you. The Dr. overtook me between Rushville and Beardstown.

He, after learning that I had lived at Springfield, asked if I was acquainted with you. I told him I was. He said you had lately been elected constable in Adams, but that you never would be again. I asked him why. He said the people there had found out that you had been sheriff or deputy sheriff in Sangamon County, and that you came off and left your securities to suffer. He then asked me if I did not know such to be the fact. I told him I did not think you had ever been sheriff or deputy sheriff in Sangamon, but that I thought you had been constable. I further told him that if you had left your securities to suffer in that or any other case, I had never heard of it, and that if it had been so, I thought I would have heard of it.

If the Dr. is telling that I told him anything against you whatever, I authorize you to contradict it flatly. We have no news here.

Your friend, as ever, A. LINCOLN.



SPEECH ON NATIONAL BANK

IN THE HALL OF THE HOUSE OF REPRESENTATIVES

SPRINGFIELD, ILLINOIS, December 20, 1839.

FELLOW-CITIZENS:—It is peculiarly embarrassing to me to attempt a continuance of the discussion, on this evening, which has been conducted in this hall on several preceding ones. It is so because on each of those evenings there was a much fuller attendance than now, without any reason for its being so, except the greater interest the community feel in the speakers who addressed them then than they do in him who is to do so now. I am, indeed, apprehensive that the few who have attended have done so more to spare me mortification than in the hope of being interested in anything I may be able to say. This circumstance casts a damp upon my spirits, which I am sure I shall be unable to overcome during the evening. But enough of preface.

The subject heretofore and now to be discussed is the subtreasury scheme of the present administration, as a means of collecting, safe-keeping, transferring, and disbursing, the revenues of the nation, as contrasted with a national bank for the same purposes. Mr. Douglas has said that we (the Whigs) have not dared to meet them (the Locos) in argument on this question. I protest against this assertion. I assert that we have again and again, during this discussion, urged facts and arguments against the subtreasury which they have neither dared to deny nor attempted to answer. But lest some may be led to believe that we really wish to avoid the question, I now propose, in my humble way, to urge those arguments again; at the same time begging the audience to mark well the positions I shall take and the proof I shall offer to sustain them, and that they will not again permit Mr. Douglas or his friends to escape the force of them by a round and groundless assertion that we "dare not meet them in argument."

Of the subtreasury, then, as contrasted with a national bank for the before-enumerated purposes, I lay down the following propositions, to wit: (1) It will injuriously affect the community by its operation on the circulating medium. (2) It will be a more expensive fiscal agent. (3) It will be a less secure depository of the public money. To show the truth of the first proposition, let us take a short review of our condition under the operation of a national bank. It was the depository of the public revenues. Between the collection of those revenues and the disbursement of them by the government, the bank was permitted to and did actually loan them out to individuals, and hence the large amount of money actually collected for revenue purposes, which by any other plan would have been idle a great portion of the time, was kept almost constantly in circulation. Any person who will reflect that money is only valuable while in circulation will readily perceive that any device which will keep the government revenues in constant circulation, instead of being locked up in idleness, is no inconsiderable advantage. By the subtreasury the revenue is to be collected and kept in iron boxes until the government wants it for disbursement; thus robbing the people of the use of it, while the government does not itself need it, and while the money is performing no nobler office than that of rusting in iron boxes. The natural effect of this change of policy, every one will see, is to reduce the quantity of money in circulation. But, again, by the subtreasury scheme the revenue is to be collected in specie. I anticipate that this will be disputed. I expect to hear it said that it is not the policy of the administration to collect the revenue in specie. If it shall, I reply that Mr. Van Buren, in his message recommending the subtreasury, expended nearly a column of that document in an attempt to persuade Congress to provide for the collection of the revenue in specie exclusively; and he concludes with these words:

"It may be safely assumed that no motive of convenience to the citizens requires the reception of bank paper." In addition to this, Mr. Silas Wright, Senator from New York, and the political, personal and confidential friend of Mr. Van Buren, drafted and introduced into the Senate the first subtreasury bill, and that bill provided for ultimately collecting the revenue in specie. It is true, I know, that that clause was stricken from the bill, but it was done by the votes of the Whigs, aided by a portion only of the Van Buren senators. No subtreasury bill has yet become a law, though two or three have been considered by Congress, some with and some without the specie clause; so that I admit there is room for quibbling upon the question of whether the administration favor the exclusive specie doctrine or not; but I take it that the fact that the President at first urged the specie doctrine, and that under his recommendation the first bill introduced embraced it, warrants us in charging it as the policy of the party until their head as publicly recants it as he at first espoused it. I repeat, then, that by the subtreasury the revenue is to be collected in specie. Now mark what the effect of this must be. By all estimates ever made there are but between sixty and eighty millions of specie in the United States. The expenditures of the Government for the year 1838—the last for which we have had the report—were forty millions. Thus it is seen that if the whole revenue be collected in specie, it will take more than half of all the specie in the nation to do it. By this means more than half of all the specie belonging to the fifteen millions of souls who compose the whole population of the country is thrown into the hands of the public office-holders, and other public creditors comprising in number perhaps not more than one quarter of a million, leaving the other fourteen millions and three quarters to get along as they best can, with less than one half of the specie of the country, and whatever rags and shinplasters they may be able to put, and keep, in circulation. By this means, every office-holder and other public creditor may, and most likely will, set up shaver; and a most glorious harvest will the specie-men have of it,—each specie-man, upon a fair division, having to his share the fleecing of about fifty-nine rag-men. In all candor let me ask, was such a system for benefiting the few at the expense of the many ever before devised? And was the sacred name of Democracy ever before made to indorse such an enormity against the rights of the people?

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.