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long run。 Step by step the objects of the leaders will become too
plain for the people to stand them。 I write merely to let you know
that I am neither dead nor dying。 Please give my respects to your
good family; and all inquiring friends。
Yours as ever;
A。 LINCOLN。
ON BANKRUPTCY
NOTES OF AN ARGUMENT。
December '?'; 1858。
Legislation and adjudication must follow and conform to the progress
of society。
The progress of society now begins to produce cases of the transfer
for debts of the entire property of railroad corporations; and to
enable transferees to use and enjoy the transferred property;
1egislation and adjudication begin to be necessary。
Shall this class of legislation just now beginning with us be general
or special?
Section Ten of our Constitution requires that it should be general;
if possible。 (Read the section。)
Special legislation always trenches upon the judicial department; and
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 th