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.]

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