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 reasoning--policy--is in favor of general legis1ation--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.
