The Papers And Writings Of Abraham Lincoln Part 12

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 unconst.i.tutional 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 a.s.sent to the pa.s.sage 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 const.i.tutional 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 Sat.u.r.day 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 ma.s.s 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 p.r.o.nounced 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.

An old man from Warren, called Dr. Gilmore, was then introduced on the part of the defense. He swore that he had known Fisher for several years; that Fisher had resided at his house a long time at each of two different spells--once while he built a barn for him, and once while he was doctored for some chronic disease; that two or three years ago Fisher had a serious hurt in his head by the bursting of a gun, since which he had been subject to continued bad health and occasional aberration of mind. He also stated that on last Tuesday, being the same day that Maxcy arrested William Trailor, he (the doctor) was from home in the early part of the day, and on his return, about eleven o'clock, found Fisher at his house in bed, and apparently very unwell; that he asked him how he came from Springfield; that Fisher said he had come by Peoria, and also told of several other places he had been at more in the direction of Peoria, which showed that he at the time of speaking did not know where he had been wandering about in a state of derangement.

He further stated that in about two hours he received a note from one of Trailor's friends, advising him of his arrest, and requesting him to go on to Springfield as a witness, to testify as to the state of Fisher's health in former times; that he immediately set off, calling up two of his neighbors as company, and, riding all evening and all night, overtook Maxcy and William at Lewiston in Fulton County; that Maxcy refusing to discharge Trailor upon his statement, his two neighbors returned and he came on to Springfield. Some question being made as to whether the doctor's story was not a fabrication, several acquaintances of his (among whom was the same postmaster who wrote Keys, as before mentioned) were introduced as sort of compurgators, who swore that they knew the doctor to be of good character for truth and veracity, and generally of good character in every way.

Here the testimony ended, and the Trailors were discharged, Arch. and William expressing both in word and manner their entire confidence that Fisher would be found alive at the doctor's by Galloway, Mallory, and Myers, who a day before had been despatched for that purpose; which Henry still protested that no power on earth could ever show Fisher alive. Thus stands this curious affair. When the doctor's story was first made public, it was amusing to scan and contemplate the countenances and hear the remarks of those who had been actively in search for the dead body: some looked quizzical, some melancholy, and some furiously angry. Porter, who had been very active, swore he always knew the man was not dead, and that he had not stirred an inch to hunt for him; Langford, who had taken the lead in cutting down Hickox's mill-dam, and wanted to hang Hickox for objecting, looked most awfully woebegone: he seemed the "victim of unrequited affection," as represented in the comic almanacs we used to laugh over; and Hart, the little drayman that hauled Molly home once, said it was too d.a.m.ned bad to have so much trouble, and no hanging after all.

I commenced this letter on yesterday, since which I received yours of the 13th. I stick to my promise to come to Louisville. Nothing new here except what I have written. I have not seen ______ since my last trip, and I am going out there as soon as I mail this letter.

Yours forever, LINCOLN.

STATEMENT ABOUT HARRY WILTON.

June 25, 1841

It having been charged in some of the public prints that Harry Wilton, late United States marshal for the district of Illinois, had used his office for political effect, in the appointment of deputies for the taking of the census for the year 1840, we, the undersigned, were called upon by Mr. Wilton to examine the papers in his possession relative to these appointments, and to ascertain therefrom the correctness or incorrectness of such charge. We accompanied Mr. Wilton to a room, and examined the matter as fully as we could with the means afforded us. The only sources of information bearing on the subject which were submitted to us were the letters, etc., recommending and opposing the various appointments made, and Mr. Wilton's verbal statements concerning the same. From these letters, etc., it appears that in some instances appointments were made in accordance with the recommendations of leading Whigs, and in opposition to those of leading Democrats; among which instances the appointments at Scott, Wayne, Madison, and Lawrence are the strongest. According to Mr. Wilton's statement of the seventy-six appointments we examined, fifty-four were of Democrats, eleven of Whigs, and eleven of unknown politics.

The chief ground of complaint against Mr. Wilton, as we had understood it, was because of his appointment of so many Democratic candidates for the Legislature, thus giving them a decided advantage over their Whig opponents; and consequently our attention was directed rather particularly to that point. We found that there were many such appointments, among which were those in Tazewell, McLean, Iroquois, Coles, Menard, Wayne, Washington, Fayette, etc.; and we did not learn that there was one instance in which a Whig candidate for the Legislature had been appointed. There was no written evidence before us showing us at what time those appointments were made; but Mr. Wilton stated that they all with one exception were made before those appointed became candidates for the Legislature, and the letters, etc., recommending them all bear date before, and most of them long before, those appointed were publicly announced candidates.

We give the foregoing naked facts and draw no conclusions from them.

BEND. S. EDWARDS, A. LINCOLN.

TO MISS MARY SPEED--PRACTICAL SLAVERY

BLOOMINGTON, ILL., September 27, 1841.

Miss Mary Speed, Louisville, Ky.

MY FRIEND: By the way, a fine example was presented on board the boat for contemplating the effect of condition upon human happiness. A gentleman had purchased twelve negroes in different parts of Kentucky, and was taking them to a farm in the South. They were chained six and six together. A small iron clevis was around the left wrist of each, and this fastened to the main chain by a shorter one, at a convenient distance from the others, so that the negroes were strung together precisely like so many fish upon a trotline. In this condition they were being separated forever from the scenes of their childhood, their friends, their fathers and mothers, and brothers and sisters, and many of them from their wives and children, and going into perpetual slavery where the lash of the master is proverbially more ruthless and unrelenting than any other; and yet amid all these distressing circ.u.mstances, as we would think them, they were the most cheerful and apparently happy creatures on board. One, whose offence for which he had been sold was an overfondness for his wife, played the fiddle almost continually, and the others danced, sang, cracked jokes, and played various games with cards from day to day. How true it is that 'G.o.d tempers the wind to the shorn lamb,' or in other words, that he renders the worst of human conditions tolerable, while he permits the best to be nothing better than tolerable. To return to the narrative: When we reached Springfield I stayed but one day, when I started on this tedious circuit where I now am. Do you remember my going to the city, while I was in Kentucky, to have a tooth extracted, and making a failure of it?

Well, that same old tooth got to paining me so much that about a week since I had it torn out, bringing with it a bit of the jawbone, the consequence of which is that my mouth is now so sore that I can neither talk nor eat.

Your sincere friend, A. LINCOLN.

1842

TO JOSHUA F. SPEED--ON MARRIAGE

January 30, 1842.

MY DEAR SPEED:--Feeling, as you know I do, the deepest solicitude for the success of the enterprise you are engaged in, I adopt this as the last method I can adopt to aid you, in case (which G.o.d forbid!) you shall need any aid. I do not place what I am going to say on paper because I can say it better that way than I could by word of mouth, but, were I to say it orally before we part, most likely you would forget it at the very time when it might do you some good. As I think it reasonable that you will feel very badly some time between this and the final consummation of your purpose, it is intended that you shall read this just at such a time. Why I say it is reasonable that you will feel very badly yet, is because of three special causes added to the general one which I shall mention.

The general cause is, that you are naturally of a nervous temperament; and this I say from what I have seen of you personally, and what you have told me concerning your mother at various times, and concerning your brother William at the time his wife died. The first special cause is your exposure to bad weather on your journey, which my experience clearly proves to be very severe on defective nerves. The second is the absence of all business and conversation of friends, which might divert your mind, give it occasional rest from the intensity of thought which will sometimes wear the sweetest idea threadbare and turn it to the bitterness of death. The third is the rapid and near approach of that crisis on which all your thoughts and feelings concentrate.

If from all these causes you shall escape and go through triumphantly, without another "twinge of the soul," I shall be most happily but most egregiously deceived. If, on the contrary, you shall, as I expect you will at sometime, be agonized and distressed, let me, who have some reason to speak with judgment on such a subject, beseech you to ascribe it to the causes I have mentioned, and not to some false and ruinous suggestion of the Devil.

"But," you will say, "do not your causes apply to every one engaged in a like undertaking?" By no means. The particular causes, to a greater or less extent, perhaps do apply in all cases; but the general one,--nervous debility, which is the key and conductor of all the particular ones, and without which they would be utterly harmless,--though it does pertain to you, does not pertain to one in a thousand. It is out of this that the painful difference between you and the ma.s.s of the world springs.

I know what the painful point with you is at all times when you are unhappy; it is an apprehension that you do not love her as you should.

What nonsense! How came you to court her? Was it because you thought she deserved it, and that you had given her reason to expect it? If it was for that why did not the same reason make you court Ann Todd, and at least twenty others of whom you can think, and to whom it would apply with greater force than to her? Did you court her for her wealth? Why, you know she had none. But you say you reasoned yourself into it. What do you mean by that? Was it not that you found yourself unable to reason yourself out of it? Did you not think, and partly form the purpose, of courting her the first time you ever saw her or heard of her? What had reason to do with it at that early stage? There was nothing at that time for reason to work upon. Whether she was moral, amiable, sensible, or even of good character, you did not, nor could then know, except, perhaps, you might infer the last from the company you found her in.

All you then did or could know of her was her personal appearance and deportment; and these, if they impress at all, impress the heart, and not the head.