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.

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