The Papers And Writings Of Abraham Lincoln — Volume 5: 1858-1862

My friends, I have endeavored to show you the logical consequences of the Dred Scott decision, which holds that the people of a Territory cannot prevent the establishment of slavery in their midst. I have stated what cannot be gainsaid, that the grounds upon which this decision is made are equally applicable to the free States as to the free Territories, and that the peculiar reasons put forth by Judge Douglas for indorsing this decision commit him, in advance, to the next decision and to all other decisions corning from the same source. And when, by all these means, you have succeeded in dehumanizing the negro; when you have put him down and made it impossible for him to be but as the beasts of the field; when you have extinguished his soul in this world and placed him where the ray of hope is blown out as in the darkness of the damned, are you quite sure that the demon you have roused will not turn and rend you? What constitutes the bulwark of our own liberty and independence? It is not our frowning battlements, our bristling sea coasts, our army and our navy. These are not our reliance against tyranny All of those may be turned against us without making us weaker for the struggle. Our reliance is in the love of liberty which God has planted in us. Our defense is in the spirit which prizes liberty as the heritage of all men, in all lands everywhere. Destroy this spirit and you have planted the seeds of despotism at your own doors. Familiarize yourselves with the chains of bondage and you prepare your own limbs to wear them. Accustomed to trample on the rights of others, you have lost the genius of your own independence and become the fit subjects of the first cunning tyrant who rises among you. And let me tell you, that all these things are prepared for you by the teachings of history, if the elections shall promise that the next Dred Scott decision and all future decisions will be quietly acquiesced in by the people.

VERSE TO "LINNIE"

September 30,? 1858

TO "LINNIE":

A sweet plaintive song did I hear And I fancied that she was the singer. May emotions as pure as that song set astir Be the wont that the future shall bring her.

NEGROES ARE MEN

TO J. U. BROWN

SPRINGFIELD, OCT 18, 1858 HON. J. U. BROWN.

MY DEAR SIR: — I do not perceive how I can express myself more plainly than I have in the fore-going extracts. In four of them I have expressly disclaimed all intention to bring about social and political equality between the white and black races and in all the rest I have done the same thing by clear implication.

I have made it equally plain that I think the negro is included in the word "men" used in the Declaration of Independence.

I believe the declaration that "all men are created equal" is the great fundamental principle upon which our free institutions rest; that negro slavery is violative of that principle; but that, by our frame of government, that principle has not been made one of legal obligation; that by our frame of government, States which have slavery are to retain it, or surrender it at their own pleasure; and that all others — individuals, free States and national Government — are constitutionally bound to leave them alone about it.

I believe our Government was thus framed because of the necessity springing from the actual presence of slavery, when it was framed.

That such necessity does not exist in the Territories when slavery is not present.

In his Mendenhall speech Mr. Clay says: "Now as an abstract principle there is no doubt of the truth of that declaration (all men created equal), and it is desirable, in the original construction of society, to keep it in view as a great fundamental principle."

Again, in the same speech Mr. Clay says: "If a state of nature existed and we were about to lay the foundations of society, no man would be more strongly opposed than I should to incorporate the institution of slavery among its elements."

Exactly so. In our new free Territories, a state of nature does exist. In them Congress lays the foundations of society; and in laying those foundations, I say, with Mr. Clay, it is desirable that the declaration of the equality of all men shall be kept in view as a great fundamental principle, and that Congress, which lays the foundations of society, should, like Mr. Clay, be strongly opposed to the incorporation of slavery and its elements.

But it does not follow that social and political equality between whites and blacks must be incorporated because slavery must not. The declaration does not so require.

Yours as ever,

A. LINCOLN

[Newspaper cuttings of Lincoln's speeches at Peoria, in 1854, at Springfield, Ottawa, Chicago, and Charleston, in 1858. They were pasted in a little book in which the above letter was also written.]

TO A. SYMPSON

BLANDINSVILLE, Oct 26, 1858

A. SYMPSON, Esq.

DEAR SIR: — Since parting with you this morning I heard some things which make me believe that Edmunds and Morrill will spend this week among the National Democrats, trying to induce them to content themselves by voting for Jake Davis, and then to vote for the Douglas candidates for senator and representative. Have this headed off, if you can. Call Wagley's attention to it and have him and the National Democrat for Rep. to counteract it as far as they can.

Yours as ever,

A. LINCOLN.

SENATORIAL ELECTION LOST AND OUT OF MONEY

TO N. B. JUDD

SPRINGFIELD, NOVEMBER 16, 1858 HON. N. B. JUDD

DEAR SIR: — Yours of the 15th is just received. I wrote you the same day. As to the pecuniary matter, I am willing to pay according to my ability; but I am the poorest hand living to get others to pay. I have been on expenses so long without earning anything that I am absolutely without money now for even household purposes. Still, if you can put in two hundred and fifty dollars for me toward discharging the debt of the committee, I will allow it when you and I settle the private matter between us. This, with what I have already paid, and with an outstanding note of mine, will exceed my subscription of five hundred dollars. This, too, is exclusive of my ordinary expenses during the campaign, all of which, being added to my loss of time and business, bears pretty heavily upon one no better off in [this] world's goods than I; but as I had the post of honor, it is not for me to be over nice. You are feeling badly, — "And this too shall pass away," never fear.

Yours as ever,

A. LINCOLN.

THE FIGHT MUST GO ON

TO H. ASBURY

SPRINGFIELD, November 19, 1858.

HENRY ASBURY, Esq.

DEAR SIR: — Yours of the 13th was received some days ago. The fight must go on. The cause of civil liberty must not be surrendered at the end of one or even one hundred defeats. Douglas had the ingenuity to be supported in the late contest both as the best means to break down and to uphold the slave interest. No ingenuity can keep these antagonistic elements in harmony long. Another explosion will soon come.

Yours truly,

A. LINCOLN.

REALIZATION THAT DEBATES MUST BE SAVED

TO C. H. RAY

SPRINGFIELD, Nov.20, 1858

DR. C. H. RAY

MY DEAR SIR: — I wish to preserve a set of the late debates (if they may be called so), between Douglas and myself. To enable me to do so, please get two copies of each number of your paper containing the whole, and send them to me by express; and I will pay you for the papers and for your trouble. I wish the two sets in order to lay one away in the [undecipherable word] and to put the other in a scrapbook. Remember, if part of any debate is on both sides of the sheet it will take two sets to make one scrap-book.

I believe, according to a letter of yours to Hatch, you are "feeling like h-ll yet." Quit that — you will soon feel better. Another "blow up" is coming; and we shall have fun again. Douglas managed to be supported both as the best instrument to down and to uphold the slave power; but no ingenuity can long keep the antagonism in harmony.

Yours as ever,

A. LINCOLN

TO H. C. WHITNEY

SPRINGFIELD, November 30, 1858

H. C. WHITNEY, ESQ.

MY DEAR SIR: — Being desirous of preserving in some permanent form the late joint discussion between Douglas and myself, ten days ago I wrote to Dr. Ray, requesting him to forward to me by express two sets of the numbers of the Tribune which contain the reports of those discussions. Up to date I have no word from him on the subject. Will you, if in your power, procure them and forward them to me by express? If you will, I will pay all charges, and be greatly obliged, to boot. Hoping to visit you before long, I remain

As ever your friend,

A. LINCOLN.

TO H. D. SHARPE

SPRINGFIELD, Dec. 8, 1858

H. D. SHARPE, Esq.

DEAR SIR: — Your very kind letter of Nov. 9th was duly received. I do not know that you expected or desired an answer; but glancing over the contents of yours again, I am prompted to say that, while I desired the result of the late canvass to have been different, I still regard it as an exceeding small matter. I think we have fairly entered upon a durable struggle as to whether this nation is to ultimately become all slave or all free, and though I fall early in the contest, it is nothing if I shall have contributed, in the least degree, to the final rightful result.

Respectfully yours,

A. LINCOLN.

TO A. SYMPSON

SPRINGFIELD, Dec.12, 1858

ALEXANDER SYMPSON, Esq.

MY DEAR SIR: — I expect the result of the election went hard with you. So it did with me, too, perhaps not quite so hard as you may have supposed. I have an abiding faith that we shall beat them in the 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, legislation 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 reasoning — policy — is in favor of general legislation — else the Legislature will be loaded down with the investigation of smaller cases — a 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 may — so may individuals; and which — the Legislature or the courts — is 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 question of men is a different one. There are good, patriotic men and able statesmen in the South whom I would cheerfully support, if they would now place themselves on Republican ground, but I am against letting down the Republican standard a hairsbreadth.

I have written this hastily, but I believe it answers your questions substantially.

Yours truly,

A. LINCOLN.

TO THE GOVERNOR, AUDITOR, AND TREASURER OF THE STATE OF ILLINOIS

GENTLEMEN:

In reply to your inquiry; requesting our written opinion as to what your duty requires you to do in executing the latter clause of the Seventh Section of "An Act in relation to the payment of the principal and interest of the State debt," approved Feb'y 22, 1859, we reply that said last clause of said section is certainly indefinite, general, and ambiguous in its description of the bonds to be issued by you; giving no time at which the bonds are to be made payable, no place at which either principal or interest are to be paid, and no rate of interest which the bonds are to bear; nor any other description except that they are to be coupon bonds, which in commercial usage means interest-paying bonds with obligations or orders attached to them for the payment of annual or semiannual interest; there is we suppose no difficulty in ascertaining, if this act stood alone, what ought to be the construction of the terms "coupon bonds" and that it, would mean bonds bearing interest from the time of issuing the same. And under this act considered by itself the creditors would have a right to require such bonds. But your inquiry in regard to a class of bonds on which no interest is to be paid or shall begin to run until January 1, 1860, is whether the Act of February 18, 1857, would not authorize you to refuse to give bonds with any coupons attached payable before the first day of July, 1860. We have very maturely considered this question and have arrived at the conclusion that you have a right to use such measures as will secure the State against the loss of six months' interest on these bonds by the indefiniteness of the Act of 1859. While it cannot be denied that the letter of the laws favor the construction claimed by some of the creditors that interest-bearing bonds were required to be issued to them, inasmuch as the restriction that no interest is to run on said bonds until 1st January, 1860, relates solely to the bonds issued under the Act of 1857. And the Act of 1859 directing you to issue new bonds does not contain this restriction, but directs you to issue coupon bonds. Nevertheless the very indefiniteness and generality of the Act of 1859, giving no rate of interest, no time due, no place of payment, no postponement of the time when interest commences, necessarily implies that the Legislature intended to invest you with a discretion to impose such terms and restrictions as would protect the interest of the State; and we think you have a right and that it is your duty to see that the State Bonds are so issued that the State shall not lose six months' interest. Two plans present themselves either of which will secure the State. 1st. If in literal compliance with the law you issue bonds bearing interest from 1st July, 1859, you may deduct from the bonds presented three thousand from every $100,000 of bonds and issue $97,000 of coupon bonds; by this plan $3000 out of $100,000 of principal would be extinguished in consideration of paying $2910 interest on the first of January, 1860 — and the interest on the $3000 would forever cease; this would be no doubt most advantageous to the State. But if the Auditor will not consent to this, then, 2nd. Cut off of each bond all the coupons payable before 1st July, 1860.

One of these plans would undoubtedly have been prescribed by the Legislature if its attention had been directed to this question.

May 28, 1859.

ON LINCOLN'S SCRAP BOOK

TO H. C. WHITNEY

SPRINGFIELD, December 25, 1858.