The Papers And Writings Of Abraham Lincoln — Volume 2: 1843-1858

TO WILLIAM H. HERNDON

WASHINGTON, February 2, 1848

DEAR WILLIAM: — I just take my pen to say that Mr. Stephens, of Georgia, a little, slim, pale-faced, consumptive man, with a voice like Logan's, has just concluded the very best speech of an hour's length I ever heard. My old withered dry eyes are full of tears yet.

If he writes it out anything like he delivered it, our people shall see a good many copies of it.

Yours truly,

A. LINCOLN.

ON THE MEXICAN WAR

TO WILLIAM H. HERNDON

WASHINGTON, February 15, 1848.

DEAR WILLIAM: — Your letter of the 29th January was received last night. Being exclusively a constitutional argument, I wish to submit some reflections upon it in the same spirit of kindness that I know actuates you. Let me first state what I understand to be your position. It is that if it shall become necessary to repel invasion, the President may, without violation of the Constitution, cross the line and invade the territory of another country, and that whether such necessity exists in any given case the President is the sole judge.

Before going further consider well whether this is or is not your position. If it is, it is a position that neither the President himself, nor any friend of his, so far as I know, has ever taken. Their only positions are — first, that the soil was ours when the hostilities commenced; and second, that whether it was rightfully ours or not, Congress had annexed it, and the President for that reason was bound to defend it; both of which are as clearly proved to be false in fact as you can prove that your house is mine. The soil was not ours, and Congress did not annex or attempt to annex it. But to return to your position. Allow the President to invade a neighboring nation whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such purpose, and you allow him to make war at pleasure. Study to see if you can fix any limit to his power in this respect, after having given him so much as you propose. If to-day he should choose to say he thinks it necessary to invade Canada to prevent the British from invading us, how could you stop him? You may say to him, — "I see no probability of the British invading us"; but he will say to you, "Be silent: I see it, if you don't."

The provision of the Constitution giving the war making power to Congress was dictated, as I understand it, by the following reasons: kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This our convention understood to be the most oppressive of all kingly oppressions, and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood. Write soon again.

Yours truly,

A. LINCOLN.

REPORT IN THE HOUSE OF REPRESENTATIVES,

MARCH 9, 1848

Mr. Lincoln, from the Committee on the Postoffice and Post Roads, made the following report:

The Committee on the Post-office and Post Roads, to whom was referred the resolution of the House of Representatives entitled "An Act authorizing postmasters at county seats of justice to receive subscriptions for newspapers and periodicals, to be paid through the agency of the Post-office Department, and for other purposes," beg leave to submit the following report:

The committee have reason to believe that a general wish pervades the community at large that some such facility as the proposed measure should be granted by express law, for subscribing, through the agency of the Post-office Department, to newspapers and periodicals which diffuse daily, weekly, or monthly intelligence of passing events. Compliance with this general wish is deemed to be in accordance with our republican institutions, which can be best sustained by the diffusion of knowledge and the due encouragement of a universal, national spirit of inquiry and discussion of public events through the medium of the public press. The committee, however, has not been insensible to its duty of guarding the Post-office Department against injurious sacrifices for the accomplishment of this object, whereby its ordinary efficacy might be impaired or embarrassed. It has therefore been a subject of much consideration; but it is now confidently hoped that the bill herewith submitted effectually obviates all objections which might exist with regard to a less matured proposition.

The committee learned, upon inquiry, that the Post-office Department, in view of meeting the general wish on this subject, made the experiment through one if its own internal regulations, when the new postage system went into operation on the first of July, 1845, and that it was continued until the thirtieth of September, 1847. But this experiment, for reasons hereafter stated, proved unsatisfactory, and it was discontinued by order of the Postmaster-General. As far as the committee can at present ascertain, the following seem to have been the principal grounds of dissatisfaction in this experiment:

(1) The legal responsibility of postmasters receiving newspaper subscriptions, or of their sureties, was not defined.

(2) The authority was open to all postmasters instead of being limited to those of specific offices.

(3) The consequence of this extension of authority was that, in innumerable instances, the money, without the previous knowledge or control of the officers of the department who are responsible for the good management of its finances, was deposited in offices where it was improper such funds should be placed; and the repayment was ordered, not by the financial officers, but by the postmasters, at points where it was inconvenient to the department so to disburse its funds.

(4) The inconvenience of accumulating uncertain and fluctuating sums at small offices was felt seriously in consequent overpayments to contractors on their quarterly collecting orders; and, in case of private mail routes, in litigation concerning the misapplication of such funds to the special service of supplying mails.

(5) The accumulation of such funds on draft offices could not be known to the financial clerks of the department in time to control it, and too often this rendered uncertain all their calculations of funds in hand.

(6) The orders of payment were for the most part issued upon the principal offices, such as New York, Philadelphia, Boston, Baltimore, etc., where the large offices of publishers are located, causing an illimitable and uncontrollable drain of the department funds from those points where it was essential to husband them for its own regular disbursements. In Philadelphia alone this drain averaged $5000 per quarter; and in other cities of the seaboard it was proportionate.

(7) The embarrassment of the department was increased by the illimitable, uncontrollable, and irresponsible scattering of its funds from concentrated points suitable for its distributions, to remote, unsafe, and inconvenient offices, where they could not be again made available till collected by special agents, or were transferred at considerable expense into the principal disbursing offices again.

(8) There was a vast increase of duties thrown upon the limited force before necessary to conduct the business of the department; and from the delay of obtaining vouchers impediments arose to the speedy settlement of accounts with present or retired post-masters, causing postponements which endangered the liability of sureties under the act of limitations, and causing much danger of an increase of such cases.

(9) The most responsible postmasters (at the large offices) were ordered by the least responsible (at small offices) to make payments upon their vouchers, without having the means of ascertaining whether these vouchers were genuine or forged, or if genuine, whether the signers were in or out of office, or solvent or defaulters.

(10) The transaction of this business for subscribers and publishers at the public expense, an the embarrassment, inconvenience, and delay of the department's own business occasioned by it, were not justified by any sufficient remuneration of revenue to sustain the department, as required in every other respect with regard to its agency.

The committee, in view of these objections, has been solicitous to frame a bill which would not be obnoxious to them in principle or in practical effect.

It is confidently believed that by limiting the offices for receiving subscriptions to less than one tenth of the number authorized by the experiment already tried, and designating the county seat in each county for the purpose, the control of the department will be rendered satisfactory; particularly as it will be in the power of the Auditor, who is the officer required by law to check the accounts, to approve or disapprove of the deposits, and to sanction not only the payments, but to point out the place of payment. If these payments should cause a drain on the principal offices of the seaboard, it will be compensated by the accumulation of funds at county seats, where the contractors on those routes can be paid to that extent by the department's drafts, with more local convenience to themselves than by drafts on the seaboard offices.

The legal responsibility for these deposits is defined, and the accumulation of funds at the point of deposit, and the repayment at points drawn upon, being known to and controlled by the Auditor, will not occasion any such embarrassments as were before felt; the record kept by the Auditor on the passing of the certificates through his hands will enable him to settle accounts without the delay occasioned by vouchers being withheld; all doubt or uncertainty as to the genuineness of certificates, or the propriety of their issue, will be removed by the Auditor's examination and approval; and there can be no risk of loss of funds by transmission, as the certificate will not be payable till sanctioned by the Auditor, and after his sanction the payor need not pay it unless it is presented by the publisher or his known clerk or agent.

The main principle of equivalent for the agency of the department is secured by the postage required to be paid upon the transmission of the certificates, augmenting adequately the post-office revenue.

The committee, conceiving that in this report all the difficulties of the subject have been fully and fairly stated, and that these difficulties have been obviated by the plan proposed in the accompanying bill, and believing that the measure will satisfactorily meet the wants and wishes of a very large portion of the community, beg leave to recommend its adoption.

REPORT IN THE HOUSE OF REPRESENTATIVES,

MARCH 9, 1848

Mr. Lincoln, from the Committee on the Postoffice and Post Roads, made the following report:

The Committee on the Post-office and Post Roads, to whom was referred the petition of H. M. Barney, postmaster at Brimfield, Peoria County, Illinois, report: That they have been satisfied by evidence, that on the 15th of December, 1847, said petitioner had his store, with some fifteen hundred dollars' worth of goods, together with all the papers of the post-office, entirely destroyed by fire; and that the specie funds of the office were melted down, partially lost and partially destroyed; that this large individual loss entirely precludes the idea of embezzlement; that the balances due the department of former quarters had been only about twenty-five dollars; and that owing to the destruction of papers, the exact amount due for the quarter ending December 31, 1847, cannot be ascertained. They therefore report a joint resolution, releasing said petitioner from paying anything for the quarter last mentioned.

REMARKS IN THE UNITED STATES HOUSE OF REPRESENTATIVES, MARCH 29, 1848

The bill for raising additional military force for limited time, etc., was reported from Committee on judiciary; similar bills had been reported from Committee on, Public Lands and Military Committee.

Mr. Lincoln said if there was a general desire on the part of the House to pass the bill now he should be glad to have it done — concurring, as he did generally, with the gentleman from Arkansas [Mr. Johnson] that the postponement might jeopard the safety of the proposition. If, however, a reference was to be made, he wished to make a very few remarks in relation to the several subjects desired by the gentlemen to be embraced in amendments to the ninth section of the act of the last session of Congress. The first amendment desired by members of this House had for its only object to give bounty lands to such persons as had served for a time as privates, but had never been discharged as such, because promoted to office. That subject, and no other, was embraced in this bill. There were some others who desired, while they were legislating on this subject, that they should also give bounty lands to the volunteers of the War of 1812. His friend from Maryland said there were no such men. He [Mr. L.] did not say there were many, but he was very confident there were some. His friend from Kentucky near him, [Mr. Gaines] told him he himself was one.

There was still another proposition touching this matter; that was, that persons entitled to bounty lands should by law be entitled to locate these lands in parcels, and not be required to locate them in one body, as was provided by the existing law.

Now he had carefully drawn up a bill embracing these three separate propositions, which he intended to propose as a substitute for all these bills in the House, or in Committee of the Whole on the State of the Union, at some suitable time. If there was a disposition on the part of the House to act at once on this separate proposition, he repeated that, with the gentlemen from Arkansas, he should prefer it lest they should lose all. But if there was to be a reference, he desired to introduce his bill embracing the three propositions, thus enabling the committee and the House to act at the same time, whether favorably or unfavorably, upon all. He inquired whether an amendment was now in order.

The Speaker replied in the negative.

TO ARCHIBALD WILLIAMS

WASHINGTON, April 30, 1848

DEAR WILLIAMS: — I have not seen in the papers any evidence of a movement to send a delegate from your circuit to the June convention. I wish to say that I think it all-important that a delegate should be sent. Mr. Clay's chance for an election is just no chance at all. He might get New York, and that would have elected in 1844, but it will not now, because he must now, at the least, lose Tennessee, which he had then, and in addition the fifteen new votes of Florida, Texas, Iowa, and Wisconsin. I know our good friend Browning is a great admirer of Mr. Clay, and I therefore fear he is favoring his nomination. If he is, ask him to discard feeling, and try if he can possibly, as a matter of judgment, count the votes necessary to elect him.

In my judgment we can elect nobody but General Taylor; and we cannot elect him without a nomination. Therefore don't fail to send a delegate.

Your friend as ever,

A. LINCOLN.

REMARKS IN THE HOUSE OF REPRESENTATIVES,

MAY 11, 1848

A bill for the admission of Wisconsin into the Union had been passed.

Mr. Lincoln moved to reconsider the vote by which the bill was passed. He stated to the House that he had made this motion for the purpose of obtaining an opportunity to say a few words in relation to a point raised in the course of the debate on this bill, which he would now proceed to make if in order. The point in the case to which he referred arose on the amendment that was submitted by the gentleman from Vermont [Mr. Collamer] in Committee of the Whole on the State of the Union, and which was afterward renewed in the House, in relation to the question whether the reserved sections, which, by some bills heretofore passed, by which an appropriation of land had been made to Wisconsin, had been enhanced in value, should be reduced to the minimum price of the public lands. The question of the reduction in value of those sections was to him at this time a matter very nearly of indifference. He was inclined to desire that Wisconsin should be obliged by having it reduced. But the gentleman from Indiana [Mr. C. B. Smith], the chairman of the Committee on Territories, yesterday associated that question with the general question, which is now to some extent agitated in Congress, of making appropriations of alternate sections of land to aid the States in making internal improvements, and enhancing the price of the sections reserved, and the gentleman from Indiana took ground against that policy. He did not make any special argument in favor of Wisconsin, but he took ground generally against the policy of giving alternate sections of land, and enhancing the price of the reserved sections. Now he [Mr. Lincoln] did not at this time take the floor for the purpose of attempting to make an argument on the general subject. He rose simply to protest against the doctrine which the gentleman from Indiana had avowed in the course of what he [Mr. Lincoln] could not but consider an unsound argument.

It might, however, be true, for anything he knew, that the gentleman from Indiana might convince him that his argument was sound; but he [Mr. Lincoln] feared that gentleman would not be able to convince a majority in Congress that it was sound. It was true the question appeared in a different aspect to persons in consequence of a difference in the point from which they looked at it. It did not look to persons residing east of the mountains as it did to those who lived among the public lands. But, for his part, he would state that if Congress would make a donation of alternate sections of public land for the purpose of internal improvements in his State, and forbid the reserved sections being sold at $1.25, he should be glad to see the appropriation made; though he should prefer it if the reserved sections were not enhanced in price. He repeated, he should be glad to have such appropriations made, even though the reserved sections should be enhanced in price. He did not wish to be understood as concurring in any intimation that they would refuse to receive such an appropriation of alternate sections of land because a condition enhancing the price of the reserved sections should be attached thereto. He believed his position would now be understood: if not, he feared he should not be able to make himself understood.

But, before he took his seat, he would remark that the Senate during the present session had passed a bill making appropriations of land on that principle for the benefit of the State in which he resided the State of Illinois. The alternate sections were to be given for the purpose of constructing roads, and the reserved sections were to be enhanced in value in consequence. When that bill came here for the action of this House — it had been received, and was now before the Committee on Public Lands — he desired much to see it passed as it was, if it could be put in no more favorable form for the State of Illinois. When it should be before this House, if any member from a section of the Union in which these lands did not lie, whose interest might be less than that which he felt, should propose a reduction of the price of the reserved sections to $1.25, he should be much obliged; but he did not think it would be well for those who came from the section of the Union in which the lands lay to do so. — He wished it, then, to be understood that he did not join in the warfare against the principle which had engaged the minds of some members of Congress who were favorable to the improvements in the western country. There was a good deal of force, he admitted, in what fell from the chairman of the Committee on Territories. It might be that there was no precise justice in raising the price of the reserved sections to $2.50 per acre. It might be proper that the price should be enhanced to some extent, though not to double the usual price; but he should be glad to have such an appropriation with the reserved sections at $2.50; he should be better pleased to have the price of those sections at something less; and he should be still better pleased to have them without any enhancement at all.

There was one portion of the argument of the gentleman from Indiana, the chairman of the Committee on Territories [Mr. Smith], which he wished to take occasion to say that he did not view as unsound. He alluded to the statement that the General Government was interested in these internal improvements being made, inasmuch as they increased the value of the lands that were unsold, and they enabled the government to sell the lands which could not be sold without them. Thus, then, the government gained by internal improvements as well as by the general good which the people derived from them, and it might be, therefore, that the lands should not be sold for more than $1.50 instead of the price being doubled. He, however, merely mentioned this in passing, for he only rose to state, as the principle of giving these lands for the purposes which he had mentioned had been laid hold of and considered favorably, and as there were some gentlemen who had constitutional scruples about giving money for these purchases who would not hesitate to give land, that he was not willing to have it understood that he was one of those who made war against that principle. This was all he desired to say, and having accomplished the object with which he rose, he withdrew his motion to reconsider.