The Papers And Writings Of Abraham Lincoln
Chapter 11 : Resolved, That so much of the governor's message as relates to fraudulent voting,

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 pa.s.sed 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 pet.i.tion 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 partic.i.p.ated.)

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 Ca.n.a.l, 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 princ.i.p.al point in his mind was this, that n.o.body 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 ca.n.a.l. 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 a.s.sembly, now about adjourning, a.s.sembled in November last, from the bankrupt state of the public treasury, the pecuniary embarra.s.sments 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 a.s.sume 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 pa.s.sed the sanctuary of the Const.i.tution, 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 Const.i.tution, 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 Const.i.tution two form a quorum for the transaction of business. With this tribunal, thus const.i.tuted, 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 a.s.signed 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 ca.n.a.l, the unfinished public works, and the embarra.s.sments 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 inst.i.tutions 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.