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 co
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