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in so far violates Section Two of the Constitution。 (Read it。)
Just reasoningpolicyis in favor of general legis1ationelse the
Legislature will be loaded down with the investigation of smaller
casesa work which the courts ought to perform; and can perform much
more perfectly。 How can the Legislature rightly decide the facts
between P。 & B。 and S。C。
It is said that under a general law; whenever a R。 R。 Co。 gets tired
of its debts; it may transfer fraudulently to get rid of them。 So
they mayso may individuals; and whichthe Legislature or the
courtsis best suited to try the question of fraud in either case?
It is said; if a purchaser have acquired legal rights; let him not be
robbed of them; but if he needs legislation let him submit to just
terms to obtain it。
Let him; say we; have general law in advance (guarded in every
possible way against fraud); so that; when he acquires a legal right;
he will have no occasion to wait for additional legislation; and if
he has practiced fraud let the courts so decide。
A LEGAL OPINION BY ABRAHAM LINCOLN。
The 11th Section of the Act of Congress; approved Feb。 11; 1805;
prescribing rules for the subdivision of sections of land within the
United States system of surveys; standing unrepealed; in my opinion;
is binding on the respective purchasers of different parts of the
same section; and furnishes the true rule for surveyors in
establishing lines between them。 That law; being in force at the
time each became a purchaser; becomes a condition of the purchase。
And; by that law; I think the true rule for dividing into quarters
any interior section or sections; which is not fractional; is to run
straight lines through the section from the opposite quarter section
corners; fixing the point where such straight lines cross; or
intersect each other; as the middle or centre of the section。
Nearly; perhaps quite; all the original surveys are to some extent
erroneous; and in some of the sections; greatly so。 In each of the
latter; it is obvious that a more equitable mode of division than the
above might be adopted; but as error is infinitely various perhaps no
better single rules can be prescribed。
At all events I think the above has been prescribed by the competent
authority。
SPRINGFIELD; Jany。 6; 1859。
A。 LINCOLN。
TO M。 W。 DELAHAY。
SPRINGFIELD; March 4; 1859。
M。 W。 DELAHAY; Esq。
MY DEAR SIR: Your second letter in relation to my being with you at
your Republican convention was duly received。 It is not at hand just
now; but I have the impression from it that the convention was to be
at Leavenworth; but day before yesterday a friend handed me a letter
from Judge M。 F。 Caraway; in which he also expresses a wish for me to
come; and he fixes the place at Ossawatomie。 This I believe is off
of the river; and will require more time and labor to get to it。 It
will push me hard to get there without injury to my own business; but
I shall try to do it; though I am not yet quite certain I shall
succeed。
I should like to know before coming; that while some of you wish me
to come; there may not be others who would quite as lief I would stay
away。 Write me again。
Yours as ever;
A。 LINCOLN。
TO W。 M。 MORRIS。
SPRINGFIELD; March 28; 1859。
W。 M。 MORRIS; Esq。
DEAR SIR:Your kind note inviting me to deliver a lecture at
Galesburg is received。 I regret to say I cannot do so now; I must
stick to the courts awhile。 I read a sort of lecture to three
different audiences during the last month and this; but I did so
under circumstances which made it a waste of no time whatever。
Yours very truly;
TO H。 L。 PIERCE AND OTHERS。
SPRINGFIELD; ILLINOIS; April 6; 1859。
GENTLEMEN:Your kind note inviting me to attend a festival in
Boston; on the 28th instant; in honor of the birthday of Thomas
Jefferson; was duly received。 My engagements are such that I cannot
attend。
Bearing in mind that about seventy years ago two great political
parties were first formed in this country; that Thomas Jefferson was
the head of one of them and Boston the headquarters of the other; it
is both curious and interesting that those supposed to descend
politically from the party opposed to Jefferson should now be
celebrating his birthday in their own original seat of empire; while
those claiming political descent from him have nearly ceased to
breathe his name everywhere。
Remembering; too; that the Jefferson party was formed upon its
supposed superior devotion to the personal rights of men; holding the
rights of property to be secondary only; and greatly inferior; and
assuming that the so…called Democracy of to…day are the Jefferson;
and their opponents the anti…Jefferson; party; it will be equally
interesting to note how completely the two have changed hands as to
the principle upon which they were originally supposed to be divided。
The Democracy of to…day hold the liberty of one man to be absolutely
nothing; when in conflict with another man's right of property;
Republicans; on the contrary; are for both the man and the dollar;
but in case of conflict the man before the dollar。
I remember being once much amused at seeing two partially intoxicated
men engaged in a fight with their great…coats on; which fight; after
a long and rather harmless contest; ended in each having fought
himself out of his own coat and into that of the other。 If the two
leading parties of this day are really identical with the two in the
days of Jefferson and Adams; they have performed the same feat as the
two drunken men。
But soberly; it is now no child's play to save the principles of
Jefferson from total overthrow in this nation。 One would state with
great confidence that he could convince any sane child that the
simpler propositions of Euclid are true; but nevertheless he would
fail; utterly; with one who should deny the definitions and axioms。
The principles of Jefferson are the definitions and axioms of free
society。 And yet they are denied and evaded; with no small show of
success。 One dashingly calls them 〃glittering generalities。〃
Another bluntly calls them 〃self…evident lies。〃 And others
insidiously argue that they apply to 〃superior races。〃 These
expressions; differing in form; are identical in object and effect
the supplanting the principles of free government; and restoring
those of classification; caste; and legitimacy。 They would delight a
convocation of crowned heads plotting against the people。 They are
the vanguard; the miners and sappers; of returning despotism。 We
must repulse them; or they will subjugate us。 This is a world of
compensation; and he who would be no slave must consent to have no
slave。 Those who deny freedom to others deserve it not for
themselves; and; under a just God; cannot long retain it。 All honor
to Jefferson to the man who; in the concrete pressure of a struggle
for national independence by a single people; had the coolness;
forecast; and capacity to introduce into a mere revolutionary
document an abstract truth; applicable to all men and all times; and
so to embalm it there that to…day and in all coming days it shall be
a rebuke and a stumbling…block to the very harbingers of reappearing
tyranny and oppression。
Your obedient servant;
A。 LINCOLN。
TO T。 CANISIUS。
SPRINGFIELD; May 17; 1859。
DR。 THEODORE CANISIUS。
DEAR SIR:Your note asking; in behalf of yourself and other German
citizens; whether I am for or against the constitutional provision in
regard to naturalized citizens; lately adopted by Massachusetts; and
whether I am for or against a fusion of the Republicans and other
opposition elements for the canvass of 1860; is received。
Massachusetts is a sovereign and independent State; and it is no
privilege of mine to scold her for what she does。 Still; if from
what she has done an inference is sought to be drawn as to what I
would do; I may without impropriety speak out。 I say; then; that; as
I understand the Massachusetts provision; I am against its adoption
in Illinois; or in any other place where I have a right to oppose it。
Understanding the spirit of our institutions to aim at the elevation
of men; I am opposed to whatever tends to degrade them。 I have some
little notoriety for commiserating the oppressed negro; and I should
be strangely inconsistent if I could favor any project for curtailing
the existing rights of white men; even though born in different
lands; and speaking different languages from myself。 As to the
matter of fusion; I am for it if it can be had on Republican grounds;
and I am not for it on any other terms。 A fusion on any other terms
would be as foolish as unprincipled。 It would lose the whole North;
while the common enemy would still carry the whole South。 The
quest