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

SECOND CHILD

TO JOSHUA P. SPEED

SPRINGFIELD, October 22, 1846.

DEAR SPEED: — You, no doubt, assign the suspension of our correspondence to the true philosophic cause; though it must be confessed by both of us that this is rather a cold reason for allowing a friendship such as ours to die out by degrees. I propose now that, upon receipt of this, you shall be considered in my debt, and under obligations to pay soon, and that neither shall remain long in arrears hereafter. Are you agreed?

Being elected to Congress, though I am very grateful to our friends for having done it, has not pleased me as much as I expected.

We have another boy, born the 10th of March. He is very much such a child as Bob was at his age, rather of a longer order. Bob is "short and low," and I expect always will be. He talks very plainly, — almost as plainly as anybody. He is quite smart enough. I sometimes fear that he is one of the little rare-ripe sort that are smarter at about five than ever after. He has a great deal of that sort of mischief that is the offspring of such animal spirits. Since I began this letter, a messenger came to tell me Bob was lost; but by the time I reached the house his mother had found him and had him whipped, and by now, very likely, he is run away again. Mary has read your letter, and wishes to be remembered to Mrs. Speed and you, in which I most sincerely join her.

As ever yours,

A. LINCOLN.

TO MORRIS AND BROWN

SPRINGFIELD, October 21, 1847

MESSRS. MORRIS AND BROWN.

GENTLEMEN: — Your second letter on the matter of Thornton and others, came to hand this morning. I went at once to see Logan, and found that he is not engaged against you, and that he has so sent you word by Mr. Butterfield, as he says. He says that some time ago, a young man (who he knows not) came to him, with a copy of the affidavit, to engage him to aid in getting the Governor to grant the warrant; and that he, Logan, told the man, that in his opinion, the affidavit was clearly insufficient, upon which the young man left, without making any engagement with him. If the Governor shall arrive before I leave, Logan and I will both attend to the matter, and he will attend to it, if he does not come till after I leave; all upon the condition that the Governor shall not have acted upon the matter, before his arrival here. I mention this condition because, I learned this morning from the Secretary of State, that he is forwarding to the Governor, at Palestine, all papers he receives in the case, as fast as he receives them. Among the papers forwarded will be your letter to the Governor or Secretary of, I believe, the same date and about the same contents of your last letter to me; so that the Governor will, at all events have your points and authorities. The case is a clear one on our side; but whether the Governor will view it so is another thing.

Yours as ever,

A. LINCOLN.

TO WILLIAM H. HERNDON

WASHINGTON, December 5, 1847

DEAR WILLIAM: — You may remember that about a year ago a man by the name of Wilson (James Wilson, I think) paid us twenty dollars as an advance fee to attend to a case in the Supreme Court for him, against a Mr. Campbell, the record of which case was in the hands of Mr. Dixon of St. Louis, who never furnished it to us. When I was at Bloomington last fall I met a friend of Wilson, who mentioned the subject to me, and induced me to write to Wilson, telling him I would leave the ten dollars with you which had been left with me to pay for making abstracts in the case, so that the case may go on this winter; but I came away, and forgot to do it. What I want now is to send you the money, to be used accordingly, if any one comes on to start the case, or to be retained by you if no one does.

There is nothing of consequence new here. Congress is to organize to-morrow. Last night we held a Whig caucus for the House, and nominated Winthrop of Massachusetts for speaker, Sargent of Pennsylvania for sergeant-at-arms, Homer of New Jersey door-keeper, and McCormick of District of Columbia postmaster. The Whig majority in the House is so small that, together with some little dissatisfaction, [it] leaves it doubtful whether we will elect them all.

This paper is too thick to fold, which is the reason I send only a half-sheet.

Yours as ever, A. LINCOLN.

TO WILLIAM H. HERNDON

WASHINGTON, December 13, 1847

DEAR WILLIAM: — Your letter, advising me of the receipt of our fee in the bank case, is just received, and I don't expect to hear another as good a piece of news from Springfield while I am away. I am under no obligations to the bank; and I therefore wish you to buy bank certificates, and pay my debt there, so as to pay it with the least money possible. I would as soon you should buy them of Mr. Ridgely, or any other person at the bank, as of any one else, provided you can get them as cheaply. I suppose, after the bank debt shall be paid, there will be some money left, out of which I would like to have you pay Lavely and Stout twenty dollars, and Priest and somebody (oil-makers) ten dollars, for materials got for house-painting. If there shall still be any left, keep it till you see or hear from me.

I shall begin sending documents so soon as I can get them. I wrote you yesterday about a "Congressional Globe." As you are all so anxious for me to distinguish myself, I have concluded to do so before long.

Yours truly,

A. LINCOLN.

RESOLUTIONS IN THE UNITED STATES HOUSE OF REPRESENTATIVES,

DECEMBER 22, 1847

Whereas, The President of the United States, in his message of May 11, 1846, has declared that "the Mexican Government not only refused to receive him [the envoy of the United States], or to listen to his propositions, but, after a long-continued series of menaces, has at last invaded our territory and shed the blood of our fellow-citizens on our own soil";

And again, in his message of December 8, 1846, that "we had ample cause of war against Mexico long before the breaking out of hostilities; but even then we forbore to take redress into our own hands until Mexico herself became the aggressor, by invading our soil in hostile array, and shedding the blood of our citizens";

And yet again, in his message of December 7, 1847, that "the Mexican Government refused even to hear the terms of adjustment which he [our minister of peace] was authorized to propose, and finally, under wholly unjustifiable pretexts, involved the two countries in war, by invading the territory of the State of Texas, striking the first blow, and shedding the blood of our citizens on our own soil";

And whereas, This House is desirous to obtain a full knowledge of all the facts which go to establish whether the particular spot on which the blood of our citizens was so shed was or was not at that time our own soil: therefore,

Resolved, By the House of Representatives, that the President of the United States be respectfully requested to inform this House:

First. Whether the spot on which the blood of our citizens was shed, as in his message declared, was or was not within the territory of Spain, at least after the treaty of 1819, until the Mexican revolution.

Second. Whether that spot is or is not within the territory which was wrested from Spain by the revolutionary government of Mexico.

Third. Whether that spot is or is not within a settlement of people, which settlement has existed ever since long before the Texas revolution, and until its inhabitants fled before the approach of the United States army.

Fourth. Whether that settlement is or is not isolated from any and all other settlements by the Gulf and the Rio Grande on the south and west, and by wide uninhabited regions on the north and east.

Fifth. Whether the people of that settlement, or a majority of them, or any of them, have ever submitted themselves to the government or laws of Texas or of the United States, by consent or by compulsion, either by accepting office, or voting at elections, or paying tax, or serving on juries, or having process served upon them, or in any other way.

Sixth. Whether the people of that settlement did or did not flee from the approach of the United States army, leaving unprotected their homes and their growing crops, before the blood was shed, as in the message stated; and whether the first blood, so shed, was or was not shed within the inclosure of one of the people who had thus fled from it.

Seventh. Whether our citizens, whose blood was shed, as in his message declared, were or were not, at that time, armed officers and soldiers, sent into that settlement by the military order of the President, through the Secretary of War.

Eighth. Whether the military force of the United States was or was not so sent into that settlement after General Taylor had more than once intimated to the War Department that, in his opinion, no such movement was necessary to the defence or protection of Texas.

REMARKS IN THE UNITED STATES HOUSE OF REPRESENTATIVES,

JANUARY 5, 1848

Mr. Lincoln said he had made an effort, some few days since, to obtain the floor in relation to this measure [resolution to direct Postmaster-General to make arrangements with railroad for carrying the mails — in Committee of the Whole], but had failed. One of the objects he had then had in view was now in a great measure superseded by what had fallen from the gentleman from Virginia who had just taken his seat. He begged to assure his friends on the other side of the House that no assault whatever was meant upon the Postmaster-General, and he was glad that what the gentleman had now said modified to a great extent the impression which might have been created by the language he had used on a previous occasion. He wanted to state to gentlemen who might have entertained such impressions, that the Committee on the Post-office was composed of five Whigs and four Democrats, and their report was understood as sustaining, not impugning, the position taken by the Postmaster-General. That report had met with the approbation of all the Whigs, and of all the Democrats also, with the exception of one, and he wanted to go even further than this. [Intimation was informally given Mr. Lincoln that it was not in order to mention on the floor what had taken place in committee.] He then observed that if he had been out of order in what he had said he took it all back so far as he could. He had no desire, he could assure gentlemen, ever to be out of order — though he never could keep long in order.

Mr. Lincoln went on to observe that he differed in opinion, in the present case, from his honorable friend from Richmond [Mr. Botts]. That gentleman, had begun his remarks by saying that if all prepossessions in this matter could be removed out of the way, but little difficulty would be experienced in coming to an agreement. Now, he could assure that gentleman that he had himself begun the examination of the subject with prepossessions all in his favor. He had long and often heard of him, and, from what he had heard, was prepossessed in his favor. Of the Postmaster-General he had also heard, but had no prepossessions in his favor, though certainly none of an opposite kind. He differed, however, with that gentleman in politics, while in this respect he agreed with the gentleman from Virginia [Mr. Botts], whom he wished to oblige whenever it was in his power. That gentleman had referred to the report made to the House by the Postmaster-General, and had intimated an apprehension that gentlemen would be disposed to rely, on that report alone, and derive their views of the case from that document alone. Now it so happened that a pamphlet had been slipped into his [Mr. Lincoln's] hand before he read the report of the Postmaster-General; so that, even in this, he had begun with prepossessions in favor of the gentleman from Virginia.

As to the report, he had but one remark to make: he had carefully examined it, and he did not understand that there was any dispute as to the facts therein stated the dispute, if he understood it, was confined altogether to the inferences to be drawn from those facts. It was a difference not about facts, but about conclusions. The facts were not disputed. If he was right in this, he supposed the House might assume the facts to be as they were stated, and thence proceed to draw their own conclusions.

The gentleman had said that the Postmaster-General had got into a personal squabble with the railroad company. Of this Mr. Lincoln knew nothing, nor did he need or desire to know anything, because it had nothing whatever to do with a just conclusion from the premises. But the gentleman had gone on to ask whether so great a grievance as the present detention of the Southern mail ought not to be remedied. Mr. Lincoln would assure the gentleman that if there was a proper way of doing it, no man was more anxious than he that it should be done. The report made by the committee had been intended to yield much for the sake of removing that grievance. That the grievance was very great there was no dispute in any quarter. He supposed that the statements made by the gentleman from Virginia to show this were all entirely correct in point of fact. He did suppose that the interruptions of regular intercourse, and all the other inconveniences growing out of it, were all as that gentleman had stated them to be; and certainly, if redress could be rendered, it was proper it should be rendered as soon as possible. The gentleman said that in order to effect this no new legislative action was needed; all that was necessary was that the Postmaster-General should be required to do what the law, as it stood, authorized and required him to do.

We come then, said Mr. Lincoln, to the law. Now the Postmaster-General says he cannot give to this company more than two hundred and thirty-seven dollars and fifty cents per railroad mile of transportation, and twelve and a half per cent. less for transportation by steamboats. He considers himself as restricted by law to this amount; and he says, further, that he would not give more if he could, because in his apprehension it would not be fair and just.

1848

DESIRE FOR SECOND TERM IN CONGRESS

TO WILLIAM H. HERNDON

WASHINGTON, January 8, 1848.

DEAR WILLIAM: — Your letter of December 27 was received a day or two ago. I am much obliged to you for the trouble you have taken, and promise to take in my little business there. As to speech making, by way of getting the hang of the House I made a little speech two or three days ago on a post-office question of no general interest. I find speaking here and elsewhere about the same thing. I was about as badly scared, and no worse as I am when I speak in court. I expect to make one within a week or two, in which I hope to succeed well enough to wish you to see it.

It is very pleasant to learn from you that there are some who desire that I should be reelected. I most heartily thank them for their kind partiality; and I can say, as Mr. Clay said of the annexation of Texas, that "personally I would not object" to a reelection, although I thought at the time, and still think, it would be quite as well for me to return to the law at the end of a single term. I made the declaration that I would not be a candidate again, more from a wish to deal fairly with others, to keep peace among our friends, and to keep the district from going to the enemy, than for any cause personal to myself; so that if it should so happen that nobody else wishes to be elected, I could not refuse the people the right of sending me again. But to enter myself as a competitor of others, or to authorize any one so to enter me is what my word and honor forbid.

I got some letters intimating a probability of so much difficulty amongst our friends as to lose us the district; but I remember such letters were written to Baker when my own case was under consideration, and I trust there is no more ground for such apprehension now than there was then. Remember I am always glad to receive a letter from you.

Most truly your friend,

A. LINCOLN.

SPEECH ON DECLARATION OF WAR ON MEXICO

SPEECH IN THE UNITED STATES HOUSE OF REPRESENTATIVES,

JANUARY 12, 1848.

MR CHAIRMAN: — Some if not all the gentlemen on the other side of the House who have addressed the committee within the last two days have spoken rather complainingly, if I have rightly understood them, of the vote given a week or ten days ago declaring that the war with Mexico was unnecessarily and unconstitutionally commenced by the President. I admit that such a vote should not be given in mere party wantonness, and that the one given is justly censurable if it have no other or better foundation. I am one of those who joined in that vote; and I did so under my best impression of the truth of the case. How I got this impression, and how it may possibly be remedied, I will now try to show. When the war began, it was my opinion that all those who because of knowing too little, or because of knowing too much, could not conscientiously approve the conduct of the President in the beginning of it should nevertheless, as good citizens and patriots, remain silent on that point, at least till the war should be ended. Some leading Democrats, including ex-President Van Buren, have taken this same view, as I understand them; and I adhered to it and acted upon it, until since I took my seat here; and I think I should still adhere to it were it not that the President and his friends will not allow it to be so. Besides the continual effort of the President to argue every silent vote given for supplies into an indorsement of the justice and wisdom of his conduct; besides that singularly candid paragraph in his late message in which he tells us that Congress with great unanimity had declared that "by the act of the Republic of Mexico, a state of war exists between that government and the United States," when the same journals that informed him of this also informed him that when that declaration stood disconnected from the question of supplies sixty-seven in the House, and not fourteen merely, voted against it; besides this open attempt to prove by telling the truth what he could not prove by telling the whole truth-demanding of all who will not submit to be misrepresented, in justice to themselves, to speak out, besides all this, one of my colleagues [Mr. Richardson] at a very early day in the session brought in a set of resolutions expressly indorsing the original justice of the war on the part of the President. Upon these resolutions when they shall be put on their passage I shall be compelled to vote; so that I cannot be silent if I would. Seeing this, I went about preparing myself to give the vote understandingly when it should come. I carefully examined the President's message, to ascertain what he himself had said and proved upon the point. The result of this examination was to make the impression that, taking for true all the President states as facts, he falls far short of proving his justification; and that the President would have gone further with his proof if it had not been for the small matter that the truth would not permit him. Under the impression thus made I gave the vote before mentioned. I propose now to give concisely the process of the examination I made, and how I reached the conclusion I did. The President, in his first war message of May, 1846, declares that the soil was ours on which hostilities were commenced by Mexico, and he repeats that declaration almost in the same language in each successive annual message, thus showing that he deems that point a highly essential one. In the importance of that point I entirely agree with the President. To my judgment it is the very point upon which he should be justified, or condemned. In his message of December, 1846, it seems to have occurred to him, as is certainly true, that title-ownership-to soil or anything else is not a simple fact, but is a conclusion following on one or more simple facts; and that it was incumbent upon him to present the facts from which he concluded the soil was ours on which the first blood of the war was shed.

Accordingly, a little below the middle of page twelve in the message last referred to, he enters upon that task; forming an issue and introducing testimony, extending the whole to a little below the middle of page fourteen. Now, I propose to try to show that the whole of this — issue and evidence — is from beginning to end the sheerest deception. The issue, as he presents it, is in these words: "But there are those who, conceding all this to be true, assume the ground that the true western boundary of Texas is the Nueces, instead of the Rio Grande; and that, therefore, in marching our army to the east bank of the latter river, we passed the Texas line and invaded the territory of Mexico." Now this issue is made up of two affirmatives and no negative. The main deception of it is that it assumes as true that one river or the other is necessarily the boundary; and cheats the superficial thinker entirely out of the idea that possibly the boundary is somewhere between the two, and not actually at either. A further deception is that it will let in evidence which a true issue would exclude. A true issue made by the President would be about as follows: "I say the soil was ours, on which the first blood was shed; there are those who say it was not."

I now proceed to examine the President's evidence as applicable to such an issue. When that evidence is analyzed, it is all included in the following propositions:

(1) That the Rio Grande was the western boundary of Louisiana as we purchased it of France in 1803.

(2) That the Republic of Texas always claimed the Rio Grande as her eastern boundary.

(3) That by various acts she had claimed it on paper.

(4) That Santa Anna in his treaty with Texas recognized the Rio Grande as her boundary.

(5) That Texas before, and the United States after, annexation had exercised jurisdiction beyond the Nueces — between the two rivers.

(6) That our Congress understood the boundary of Texas to extend beyond the Nueces.

Now for each of these in its turn. His first item is that the Rio Grande was the western boundary of Louisiana, as we purchased it of France in 1803; and seeming to expect this to be disputed, he argues over the amount of nearly a page to prove it true, at the end of which he lets us know that by the treaty of 1803 we sold to Spain the whole country from the Rio Grande eastward to the Sabine. Now, admitting for the present that the Rio Grande was the boundary of Louisiana, what under heaven had that to do with the present boundary between us and Mexico? How, Mr. Chairman, the line that once divided your land from mine can still be the boundary between us after I have sold my land to you is to me beyond all comprehension. And how any man, with an honest purpose only of proving the truth, could ever have thought of introducing such a fact to prove such an issue is equally incomprehensible. His next piece of evidence is that "the Republic of Texas always claimed this river [Rio Grande] as her western boundary." That is not true, in fact. Texas has claimed it, but she has not always claimed it. There is at least one distinguished exception. Her State constitution the republic's most solemn and well-considered act, that which may, without impropriety, be called her last will and testament, revoking all others-makes no such claim. But suppose she had always claimed it. Has not Mexico always claimed the contrary? So that there is but claim against claim, leaving nothing proved until we get back of the claims and find which has the better foundation. Though not in the order in which the President presents his evidence, I now consider that class of his statements which are in substance nothing more than that Texas has, by various acts of her Convention and Congress, claimed the Rio Grande as her boundary, on paper. I mean here what he says about the fixing of the Rio Grande as her boundary in her old constitution (not her State constitution), about forming Congressional districts, counties, etc. Now all of this is but naked claim; and what I have already said about claims is strictly applicable to this. If I should claim your land by word of mouth, that certainly would not make it mine; and if I were to claim it by a deed which I had made myself, and with which you had had nothing to do, the claim would be quite the same in substance — or rather, in utter nothingness. I next consider the President's statement that Santa Anna in his treaty with Texas recognized the Rio Grande as the western boundary of Texas. Besides the position so often taken, that Santa Anna while a prisoner of war, a captive, could not bind Mexico by a treaty, which I deem conclusive — besides this, I wish to say something in relation to this treaty, so called by the President, with Santa Anna. If any man would like to be amused by a sight of that little thing which the President calls by that big name, he can have it by turning to Niles's Register, vol. 1, p. 336. And if any one should suppose that Niles's Register is a curious repository of so mighty a document as a solemn treaty between nations, I can only say that I learned to a tolerable degree of certainty, by inquiry at the State Department, that the President himself never saw it anywhere else. By the way, I believe I should not err if I were to declare that during the first ten years of the existence of that document it was never by anybody called a treaty — that it was never so called till the President, in his extremity, attempted by so calling it to wring something from it in justification of himself in connection with the Mexican War. It has none of the distinguishing features of a treaty. It does not call itself a treaty. Santa Anna does not therein assume to bind Mexico; he assumes only to act as the President — Commander-in-Chief of the Mexican army and navy; stipulates that the then present hostilities should cease, and that he would not himself take up arms, nor influence the Mexican people to take up arms, against Texas during the existence of the war of independence. He did not recognize the independence of Texas; he did not assume to put an end to the war, but clearly indicated his expectation of its continuance; he did not say one word about boundary, and, most probably, never thought of it. It is stipulated therein that the Mexican forces should evacuate the territory of Texas, passing to the other side of the Rio Grande; and in another article it is stipulated that, to prevent collisions between the armies, the Texas army should not approach nearer than within five leagues — of what is not said, but clearly, from the object stated, it is of the Rio Grande. Now, if this is a treaty recognizing the Rio Grande as the boundary of Texas, it contains the singular feature of stipulating that Texas shall not go within five leagues of her own boundary.

Next comes the evidence of Texas before annexation, and the United States afterwards, exercising jurisdiction beyond the Nueces and between the two rivers. This actual exercise of jurisdiction is the very class or quality of evidence we want. It is excellent so far as it goes; but does it go far enough? He tells us it went beyond the Nueces, but he does not tell us it went to the Rio Grande. He tells us jurisdiction was exercised between the two rivers, but he does not tell us it was exercised over all the territory between them. Some simple-minded people think it is possible to cross one river and go beyond it without going all the way to the next, that jurisdiction may be exercised between two rivers without covering all the country between them. I know a man, not very unlike myself, who exercises jurisdiction over a piece of land between the Wabash and the Mississippi; and yet so far is this from being all there is between those rivers that it is just one hundred and fifty-two feet long by fifty feet wide, and no part of it much within a hundred miles of either. He has a neighbor between him and the Mississippi — that is, just across the street, in that direction — whom I am sure he could neither persuade nor force to give up his habitation; but which nevertheless he could certainly annex, if it were to be done by merely standing on his own side of the street and claiming it, or even sitting down and writing a deed for it.

But next the President tells us the Congress of the United States understood the State of Texas they admitted into the Union to extend beyond the Nueces. Well, I suppose they did. I certainly so understood it. But how far beyond? That Congress did not understand it to extend clear to the Rio Grande is quite certain, by the fact of their joint resolutions for admission expressly leaving all questions of boundary to future adjustment. And it may be added that Texas herself is proven to have had the same understanding of it that our Congress had, by the fact of the exact conformity of her new constitution to those resolutions.

I am now through the whole of the President's evidence; and it is a singular fact that if any one should declare the President sent the army into the midst of a settlement of Mexican people who had never submitted, by consent or by force, to the authority of Texas or of the United States, and that there and thereby the first blood of the war was shed, there is not one word in all the which would either admit or deny the declaration. This strange omission it does seem to me could not have occurred but by design. My way of living leads me to be about the courts of justice; and there I have sometimes seen a good lawyer, struggling for his client's neck in a desperate case, employing every artifice to work round, befog, and cover up with many words some point arising in the case which he dared not admit and yet could not deny. Party bias may help to make it appear so, but with all the allowance I can make for such bias, it still does appear to me that just such, and from just such necessity, is the President's struggle in this case.