long run. Step by
step the objects of the leaders will become too plain for the people to
stand them. I write merely to let you know that I am neither dead nor
dying. Please give my respects to your good family, and all inquiring
friends.
Yours as ever,
A. LINCOLN.
ON BANKRUPTCY
NOTES OF AN ARGUMENT.
December [?], 1858.
Legislation and adjudication must follow and conform to the progress of
society.
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, legislation 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 legislation--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
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