友情提示:如果本网页打开太慢或显示不完整,请尝试鼠标右键“刷新”本网页!阅读过程发现任何错误请告诉我们,谢谢!! 报告错误
飞读中文网 返回本书目录 我的书架 我的书签 TXT全本下载 进入书吧 加入书签

the writings-5-第6章

按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!




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
返回目录 上一页 下一页 回到顶部 3 1
未阅读完?加入书签已便下次继续阅读!
温馨提示: 温看小说的同时发表评论,说出自己的看法和其它小伙伴们分享也不错哦!发表书评还可以获得积分和经验奖励,认真写原创书评 被采纳为精评可以获得大量金币、积分和经验奖励哦!