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some sparring between the parties about it as soon as the two Houses get to business. Taylor delivered up his petition for the new county to one of our members this morning. I am told he despairs of its success, on account of all the members from Morgan County opposing it. There are names enough on the petition, I think, to justify the members from our county in going for it; but if the members from Morgan oppose it, which they say they will, the chance will be bad.

Our chance to take the seat of government to Springfield is better than I expected. An internal-improvement convention was held there since we met, which recommended a loan of several millions of dollars, on the faith of the State, to construct railroads. Some of the Legislature are for it, and some against it; which has the majority I cannot tell. There is great strife and struggling for the office of the United States Senator here at this time. It is probable we shall ease their pains in a few days. The opposition men have no candidate of their own, and consequently they will smile as complacently at the angry snarl of the contending Van Buren candidates and their respective friends as the Christian does at Satan’s rage. You recollect that I mentioned at the outset of this letter that I had been unwell. That is the fact, though I believe I am about well now; but that, with other things I cannot account for, have conspired, and have gotten my spirits so low that I feel that I would rather be any place in the world than here. I really cannot endure the thought of staying here ten weeks. Write back as soon as you get this, and, if possible, say something that will please me, for really I have not been pleased since I left you. This letter is so dry and stupid that I am ashamed to send it, but with my present feelings I cannot do any better.

Give my best respects to Mr. and Mrs. Able and family.

Your friend,

LINCOLN 1837

SPEECH IN ILLINOIS LEGISLATURE.

January [?], 1837

Mr. CHAIRMAN:—Lest I should fall into the too common error of being mistaken in regard to which side I design to be upon, I shall make it my first care to remove all doubt on that point, by declaring that I am opposed to the resolution under consideration, in toto. Before I proceed to the body of the subject, I will further remark, that it is not without a considerable degree of apprehension that I venture to cross the track of the gentleman from Coles [Mr. Linder]. Indeed, I do not believe I could muster a sufficiency of courage to come in contact with that gentleman, were it not for the fact that he, some days since, most graciously condescended to assure us that he would never be found wasting ammunition on small game. On the same fortunate occasion, he further gave us to understand, that he regarded himself as being decidedly the superior of our common friend from Randolph [Mr. Shields]; and feeling, as I really do, that I, to say the most of myself, am nothing more than the peer of our friend from Randolph, I shall regard the gentleman from Coles as decidedly my superior also, and consequently, in the course of what I shall have to say, whenever I shall have occasion to allude to that gentleman, I shall endeavor to adopt that kind of court language which I understand to be due to decided superiority. In one faculty, at least, there can be no dispute of the gentleman’s superiority over me and most other men, and that is, the faculty of entangling a subject, so that neither himself, or any other man, can find head or tail to it.

Here he has introduced a resolution embracing ninety-nine printed lines across common writing paper, and yet more than one half of his opening speech has been made upon subjects about which there is not one word said in his resolution.

Though his resolution embraces nothing in regard to the constitutionality of the Bank, much of what he has said has been with a view to make the impression that it was unconstitutional in its inception. Now, although I am satisfied that an ample field may be found within the pale of the resolution, at least for small game, yet, as the gentleman has traveled out of it, I feel that I may, with all due humility, venture to follow him.

The gentleman has discovered that some gentleman at Washington city has been upon the very eve of deciding our Bank unconstitutional, and that he would probably have completed his very authentic decision, had not some one of the Bank officers placed his hand upon his mouth, and begged him to withhold it.

The fact that the individuals composing our Supreme Court have, in an official capacity, decided in favor of the constitutionality of the Bank, would, in my mind, seem a sufficient answer to this. It is a fact known to all, that the members of the Supreme Court, together with the Governor, form a Council of Revision, and that this Council approved this Bank charter. I ask, then, if the extra-judicial decision not quite but almost made by the gentleman at Washington, before whom, by the way, the question of the constitutionality of our Bank never has, nor never can come—is to be taken as paramount to a decision officially made by that tribunal, by which, and which alone, the constitutionality of the Bank can ever be settled?

But, aside from this view of the subject, I would ask, if the committee which this resolution proposes to appoint are to examine into the Constitutionality of the Bank? Are they to be clothed with power to send for persons and papers, for this object? And after they have found the bank to be unconstitutional, and decided it so, how are they to enforce their decision? What will their decision amount to? They cannot compel the Bank to cease operations, or to change the course of its operations. What good, then, can their labors result in?

Certainly none.

The gentleman asks, if we, without an examination, shall, by giving the State deposits to the Bank, and by taking the stock reserved for the State, legalize its former misconduct. Now I do not pretend to possess sufficient legal knowledge to decide whether a legislative enactment proposing to, and accepting from, the Bank, certain terms, would have the effect to legalize or wipe out its former errors, or not; but I can assure the gentleman, if such should be the effect, he has already got behind the settlement of accounts; for it is well known to all, that the Legislature, at its last session, passed a supplemental Bank charter, which the Bank has since accepted, and which, according to his doctrine, has legalized all the alleged violations of its original charter in the distribution of its stock.

I now proceed to the resolution. By examination it will be found that the first thirty-three lines, being precisely one third of the whole, relate exclusively to the distribution of the stock by the commissioners appointed by the State. Now, Sir, it is clear that no question can arise on this portion of the resolution, except a question between capitalists in regard to the ownership of stock. Some gentlemen have their stock in their hands, while others, who have more money than they know what to do with, want it; and this, and this alone, is the question, to settle which we are called on to squander thousands of the people’s money. What interest, let me ask, have the people in the settlement of this question? What difference is it to them whether the stock is owned by Judge Smith or Sam Wiggins? If any gentleman be entitled to stock in the Bank, which he is kept out of possession of by others, let him assert his right in the Supreme Court, and let him or his antagonist, whichever may be found in the wrong, pay the costs of suit. It is an old maxim, and a very sound one, that he that dances should always pay the fiddler. Now, Sir, in the present case, if any gentlemen, whose money is a burden to them, choose to lead off a dance, I am decidedly opposed to the people’s money being used to pay the fiddler. No one can doubt that the examination proposed by this resolution must cost the State some ten or twelve thousand dollars; and all this to settle a question in which the people have no interest, and about which they care nothing. These capitalists generally act harmoniously and in concert, to fleece the people, and now that they have got into a quarrel with themselves we are called upon to appropriate the people’s money to settle the quarrel.

I leave this part of the resolution and proceed to the remainder.

It will be found that no charge in the remaining part of the resolution, if true, amounts to the violation of the Bank charter, except one, which I will notice in due time. It might seem quite sufficient to say no more upon any of these charges or insinuations than enough to show they are not violations of the charter; yet, as they are ingeniously framed and handled, with a view to deceive and mislead, I will notice in their order all the most prominent of them. The first of these is in relation to a connection between our Bank and several banking institutions in other States. Admitting this connection to exist, I should like to see the gentleman from Coles, or any other gentleman, undertake to show that there is any harm in it. What can there be in such a connection, that the people of Illinois are willing to pay their money to get a peep into? By a reference to the tenth section of the Bank charter, any gentleman can see that the framers of the act contemplated the holding of stock in the institutions of other corporations. Why, then, is it, when neither law nor justice forbids it, that we are asked to spend our time and money in inquiring into its truth?

The next charge, in the order of time, is, that some officer, director, clerk or servant of the Bank, has been required to take an oath of secrecy in relation to the affairs of said Bank. Now, I do not know whether this be true or false—neither do I believe any honest man cares. I know that the seventh section of the charter expressly guarantees to the Bank the right of making, under certain restrictions, such by-laws as it may think fit; and I further know that the requiring an oath of secrecy would not transcend those restrictions. What, then, if the Bank has chosen to exercise this right? Whom can it injure? Does not every merchant have his secret mark? and who is ever silly enough to complain of it? I presume if the Bank does require any such oath of secrecy, it is done through a motive of delicacy to those individuals who deal with it. Why, Sir, not many days since, one gentleman upon this floor, who, by the way, I have no doubt is now ready to join this hue and cry against the Bank, indulged in a philippic against one of the Bank officials, because, as he said, he had divulged a secret.

Immediately following this last charge, there are several insinuations in the resolution, which are too silly to require any sort of notice, were it not for the fact that they conclude by saying, “to the great injury of the people at large.” In answer to this I would say that it is strange enough, that the people are

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