DEAR WILLIAM:—Inclosed you find a letter of Louis W. Chandler. What is wanted is that you shall ascertain whether the claim upon the note described has received any dividend in the Probate Court of Christian County, where the estate of Mr. Overbon Williams has been administered on. If nothing is paid on it, withdraw the note and send it to me, so that Chandler can see the indorser of it. At all events write me all about it, till I can somehow get it off my hands. I have already been bored more than enough about it; not the least of which annoyance is his cursed, unreadable, and ungodly handwriting.
I have made a speech, a copy of which I will send you by next mail.
Yours as ever,
WASHINGTON, February 1, 1848.
DEAR WILLIAM:—Your letter of the 19th ultimo was received last night, and for which I am much obliged. The only thing in it that I wish to talk to you at once about is that because of my vote for Ashmun's amendment you fear that you and I disagree about the war. I regret this, not because of any fear we shall remain disagreed after you have read this letter, but because if you misunderstand I fear other good friends may also. That vote affirms that the war was unnecessarily and unconstitutionally commenced by the President; and I will stake my life that if you had been in my place you would have voted just as I did. Would you have voted what you felt and knew to be a lie? I know you would not. Would you have gone out of the House—skulked the vote? I expect not. If you had skulked one vote, you would have had to skulk many more before the end of the session. Richardson's resolutions, introduced before I made any move or gave any vote upon the subject, make the direct question of the justice of the war; so that no man can be silent if he would. You are compelled to speak; and your only alternative is to tell the truth or a lie. I cannot doubt which you would do.
This vote has nothing to do in determining my votes on the questions of supplies. I have always intended, and still intend, to vote supplies; perhaps not in the precise form recommended by the President, but in a better form for all purposes, except Locofoco party purposes. It is in this particular you seem mistaken. The Locos are untiring in their efforts to make the impression that all who vote supplies or take part in the war do of necessity approve the President's conduct in the beginning of it; but the Whigs have from the beginning made and kept the distinction between the two. In the very first act nearly all the Whigs voted against the preamble declaring that war existed by the act of Mexico; and yet nearly all of them voted for the supplies. As to the Whig men who have participated in the war, so far as they have spoken in my hearing they do not hesitate to denounce as unjust the President's conduct in the beginning of the war. They do not suppose that such denunciation is directed by undying hatred to him, as The Register would have it believed. There are two such Whigs on this floor (Colonel Haskell and Major James) The former fought as a colonel by the side of Colonel Baker at Cerro Gordo, and stands side by side with me in the vote that you seem dissatisfied with. The latter, the history of whose capture with Cassius Clay you well know, had not arrived here when that vote was given; but, as I understand, he stands ready to give just such a vote whenever an occasion shall present. Baker, too, who is now here, says the truth is undoubtedly that way; and whenever he shall speak out, he will say so. Colonel Doniphan, too, the favorite Whig of Missouri, and who overran all Northern Mexico, on his return home in a public speech at St. Louis condemned the administration in relation to the war. If I remember, G. T. M. Davis, who has been through almost the whole war, declares in favor of Mr. Clay; from which I infer that he adopts the sentiments of Mr. Clay, generally at least. On the other hand, I have heard of but one Whig who has been to the war attempting to justify the President's conduct. That one was Captain Bishop, editor of the Charleston Courier, and a very clever fellow. I do not mean this letter for the public, but for you. Before it reaches you, you will have seen and read my pamphlet speech, and perhaps been scared anew by it. After you get over your scare, read it over again, sentence by sentence, and tell me honestly what you think of it. I condensed all I could for fear of being cut off by the hour rule, and when I got through I had spoken but forty-five minutes.
Yours forever,
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,
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,
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.
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.
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.
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 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.
WASHINGTON, April 30,1848.
I have this moment received your very short note asking me if old Taylor is to be used up, and who will be the nominee. My hope of Taylor's nomination is as high—a little higher than it was when you left. Still, the case is by no means out of doubt. Mr. Clay's letter has not advanced his interests any here. Several who were against Taylor, but not for anybody particularly, before, are since taking ground, some for Scott and some for McLean. Who will be nominated neither I nor any one else can tell. Now, let me pray to you in turn. My prayer is that you let nothing discourage or baffle you, but that, in spite of every difficulty, you send us a good Taylor delegate from your circuit. Make Baker, who is now with you, I suppose, help about it. He is a good hand to raise a breeze.
General Ashley, in the Senate from Arkansas, died yesterday. Nothing else new beyond what you see in the papers.
Yours truly,
WASHINGTON, May 21, 1848. DEAR SIR:
....Not in view of all the facts. There are facts which you have kept out of view. It is a fact that the United States army in marching to the Rio Grande marched into a peaceful Mexican settlement, and frightened the inhabitants away from their homes and their growing crops. It is a fact that Fort Brown, opposite Matamoras, was built by that army within a Mexican cotton-field, on which at the time the army reached it a young cotton crop was growing, and which crop was wholly destroyed and the field itself greatly and permanently injured by ditches, embankments, and the like. It is a fact that when the Mexicans captured Captain Thornton and his command, they found and captured them within another Mexican field.
Now I wish to bring these facts to your notice, and to ascertain what is the result of your reflections upon them. If you deny that they are facts, I think I can furnish proofs which shall convince you that you are mistaken. If you admit that they are facts, then I shall be obliged for a reference to any law of language, law of States, law of nations, law of morals, law of religions, any law, human or divine, in which an authority can be found for saying those facts constitute "no aggression."
Possibly you consider those acts too small for notice. Would you venture to so consider them had they been committed by any nation on earth against the humblest of our people? I know you would not. Then I ask, is the precept "Whatsoever ye would that men should do to you, do ye even so to them" obsolete? of no force? of no application?
Yours truly,
WASHINGTON, June 12, 1848.
DEAR WILLIAMS:—On my return from Philadelphia, where I had been attending the nomination of "Old Rough," (Zachary Taylor) I found your letter in a mass of others which had accumulated in my absence. By many, and often, it had been said they would not abide the nomination of Taylor; but since the deed has been done, they are fast falling in, and in my opinion we shall have a most overwhelming, glorious triumph. One unmistakable sign is that all the odds and ends are with us—Barnburners, Native Americans, Tyler men, disappointed office-seeking Locofocos, and the Lord knows what. This is important, if in nothing else, in showing which way the wind blows. Some of the sanguine men have set down all the States as certain for Taylor but Illinois, and it as doubtful. Cannot something be done even in Illinois? Taylor's nomination takes the Locos on the blind side. It turns the war thunder against them. The war is now to them the gallows of Haman, which they built for us, and on which they are doomed to be hanged themselves.
Excuse this short letter. I have so many to write that I cannot devote much time to any one.
Yours as ever,
In Committee of the Whole on the State of the Union, on the Civil and Diplomatic Appropriation Bill:
Mr. CHAIRMAN:—I wish at all times in no way to practise any fraud upon the House or the committee, and I also desire to do nothing which may be very disagreeable to any of the members. I therefore state in advance that my object in taking the floor is to make a speech on the general subject of internal improvements; and if I am out of order in doing so, I give the chair an opportunity of so deciding, and I will take my seat.
The Chair: I will not undertake to anticipate what the gentleman may say on the subject of internal improvements. He will, therefore, proceed in his remarks, and if any question of order shall be made, the chair will then decide it.
Mr. Lincoln: At an early day of this session the President sent us what may properly be called an internal improvement veto message. The late Democratic convention, which sat at Baltimore, and which nominated General Cass for the Presidency, adopted a set of resolutions, now called the Democratic platform, among which is one in these words:
"That the Constitution does not confer upon the General Government the power to commence and carry on a general system of internal improvements."
General Cass, in his letter accepting the nomination, holds this language:
"I have carefully read the resolutions of the Democratic national convention, laying down the platform of our political faith, and I adhere to them as firmly as I approve them cordially."
These things, taken together, show that the question of internal improvements is now more distinctly made—has become more intense—than at any former period. The veto message and the Baltimore resolution I understand to be, in substance, the same thing; the latter being the more general statement, of which the former is the amplification the bill of particulars. While I know there are many Democrats, on this floor and elsewhere, who disapprove that message, I understand that all who voted for General Cass will thereafter be counted as having approved it, as having indorsed all its doctrines.
I suppose all, or nearly all, the Democrats will vote for him. Many of them will do so not because they like his position on this question, but because they prefer him, being wrong on this, to another whom they consider farther wrong on other questions. In this way the internal improvement Democrats are to be, by a sort of forced consent, carried over and arrayed against themselves on this measure of policy. General Cass, once elected, will not trouble himself to make a constitutional argument, or perhaps any argument at all, when he shall veto a river or harbor bill; he will consider it a sufficient answer to all Democratic murmurs to point to Mr. Polk's message, and to the Democratic platform. This being the case, the question of improvements is verging to a final crisis; and the friends of this policy must now battle, and battle manfully, or surrender all. In this view, humble as I am, I wish to review, and contest as well as I may, the general positions of this veto message. When I say general positions, I mean to exclude from consideration so much as relates to the present embarrassed state of the treasury in consequence of the Mexican War.
Those general positions are: that internal improvements ought not to be made by the General Government—First. Because they would overwhelm the treasury Second. Because, while their burdens would be general, their benefits would be local and partial, involving an obnoxious inequality; and Third. Because they would be unconstitutional. Fourth. Because the States may do enough by the levy and collection of tonnage duties; or if not—Fifth. That the Constitution may be amended. "Do nothing at all, lest you do something wrong," is the sum of these positions is the sum of this message. And this, with the exception of what is said about constitutionality, applying as forcibly to what is said about making improvements by State authority as by the national authority; so that we must abandon the improvements of the country altogether, by any and every authority, or we must resist and repudiate the doctrines of this message. Let us attempt the latter.
The first position is, that a system of internal improvements would overwhelm the treasury. That in such a system there is a tendency to undue expansion, is not to be denied. Such tendency is founded in the nature of the subject. A member of Congress will prefer voting for a bill which contains an appropriation for his district, to voting for one which does not; and when a bill shall be expanded till every district shall be provided for, that it will be too greatly expanded is obvious. But is this any more true in Congress than in a State Legislature? If a member of Congress must have an appropriation for his district, so a member of a Legislature must have one for his county. And if one will overwhelm the national treasury, so the other will overwhelm the State treasury. Go where we will, the difficulty is the same. Allow it to drive us from the halls of Congress, and it will, just as easily, drive us from the State Legislatures. Let us, then, grapple with it, and test its strength. Let us, judging of the future by the past, ascertain whether there may not be, in the discretion of Congress, a sufficient power to limit and restrain this expansive tendency within reasonable and proper bounds. The President himself values the evidence of the past. He tells us that at a certain point of our history more than two hundred millions of dollars had been applied for to make improvements; and this he does to prove that the treasury would be overwhelmed by such a system. Why did he not tell us how much was granted? Would not that have been better evidence? Let us turn to it, and see what it proves. In the message the President tells us that "during the four succeeding years embraced by the administration of President Adams, the power not only to appropriate money, but to apply it, under the direction and authority of the General Government, as well to the construction of roads as to the improvement of harbors and rivers, was fully asserted and exercised." This, then, was the period of greatest enormity. These, if any, must have been the days of the two hundred millions. And how much do you suppose was really expended for improvements during that four years? Two hundred millions? One hundred? Fifty? Ten? Five? No, sir; less than two millions. As shown by authentic documents, the expenditures on improvements during 1825, 1826, 1827, and 1828 amounted to one million eight hundred and seventy-nine thousand six hundred and twenty-seven dollars and one cent. These four years were the period of Mr. Adams's administration, nearly and substantially. This fact shows that when the power to make improvements "was fully asserted and exercised," the Congress did keep within reasonable limits; and what has been done, it seems to me, can be done again.
Now for the second portion of the message—namely, that the burdens of improvements would be general, while their benefits would be local and partial, involving an obnoxious inequality. That there is some degree of truth in this position, I shall not deny. No commercial object of government patronage can be so exclusively general as to not be of some peculiar local advantage. The navy, as I understand it, was established, and is maintained at a great annual expense, partly to be ready for war when war shall come, and partly also, and perhaps chiefly, for the protection of our commerce on the high seas. This latter object is, for all I can see, in principle the same as internal improvements. The driving a pirate from the track of commerce on the broad ocean, and the removing of a snag from its more narrow path in the Mississippi River, cannot, I think, be distinguished in principle. Each is done to save life and property, and for nothing else.
The navy, then, is the most general in its benefits of all this class of objects; and yet even the navy is of some peculiar advantage to Charleston, Baltimore, Philadelphia, New York, and Boston, beyond what it is to the interior towns of Illinois. The next most general object I can think of would be improvements on the Mississippi River and its tributaries. They touch thirteen of our States-Pennsylvania, Virginia, Kentucky, Tennessee, Mississippi, Louisiana, Arkansas, Missouri, Illinois, Indiana, Ohio, Wisconsin, and Iowa. Now I suppose it will not be denied that these thirteen States are a little more interested in improvements on that great river than are the remaining seventeen. These instances of the navy and the Mississippi River show clearly that there is something of local advantage in the most general objects. But the converse is also true. Nothing is so local as to not be of some general benefit. Take, for instance, the Illinois and Michigan Canal. Considered apart from its effects, it is perfectly local. Every inch of it is within the State of Illinois. That canal was first opened for business last April. In a very few days we were all gratified to learn, among other things, that sugar had been carried from New Orleans through this canal to Buffalo in New York. This sugar took this route, doubtless, because it was cheaper than the old route. Supposing benefit of the reduction in the cost of carriage to be shared between seller and the buyer, result is that the New Orleans merchant sold his sugar a little dearer, and the people of Buffalo sweetened their coffee a little cheaper, than before,—a benefit resulting from the canal, not to Illinois, where the canal is, but to Louisiana and New York, where it is not. In other transactions Illinois will, of course, have her share, and perhaps the larger share too, of the benefits of the canal; but this instance of the sugar clearly shows that the benefits of an improvement are by no means confined to the particular locality of the improvement itself. The just conclusion from all this is that if the nation refuse to make improvements of the more general kind because their benefits may be somewhat local, a State may for the same reason refuse to make an improvement of a local kind because its benefits may be somewhat general. A State may well say to the nation, "If you will do nothing for me, I will do nothing for you." Thus it is seen that if this argument of "inequality" is sufficient anywhere, it is sufficient everywhere, and puts an end to improvements altogether. I hope and believe that if both the nation and the States would, in good faith, in their respective spheres do what they could in the way of improvements, what of inequality might be produced in one place might be compensated in another, and the sum of the whole might not be very unequal.
But suppose, after all, there should be some degree of inequality. Inequality is certainly never to be embraced for its own sake; but is every good thing to be discarded which may be inseparably connected with some degree of it? If so, we must discard all government. This Capitol is built at the public expense, for the public benefit; but does any one doubt that it is of some peculiar local advantage to the property-holders and business people of Washington? Shall we remove it for this reason? And if so, where shall we set it down, and be free from the difficulty? To make sure of our object, shall we locate it nowhere, and have Congress hereafter to hold its sessions, as the loafer lodged, "in spots about"? I make no allusion to the present President when I say there are few stronger cases in this world of "burden to the many and benefit to the few," of "inequality," than the Presidency itself is by some thought to be. An honest laborer digs coal at about seventy cents a day, while the President digs abstractions at about seventy dollars a day. The coal is clearly worth more than the abstractions, and yet what a monstrous inequality in the prices! Does the President, for this reason, propose to abolish the Presidency? He does not, and he ought not. The true rule, in determining to embrace or reject anything, is not whether it have any evil in it, but whether it have more of evil than of good. There are few things wholly evil or wholly good. Almost everything, especially of government policy, is an inseparable compound of the two; so that our best judgment of the preponderance between them is continually demanded. On this principle the President, his friends, and the world generally act on most subjects. Why not apply it, then, upon this question? Why, as to improvements, magnify the evil, and stoutly refuse to see any good in them?
Mr. Chairman, on the third position of the message the constitutional question—I have not much to say. Being the man I am, and speaking, where I do, I feel that in any attempt at an original constitutional argument I should not be and ought not to be listened to patiently. The ablest and the best of men have gone over the whole ground long ago. I shall attempt but little more than a brief notice of what some of them have said. In relation to Mr. Jefferson's views, I read from Mr. Polk's veto message:
"President Jefferson, in his message to Congress in 1806, recommended an amendment of the Constitution, with a view to apply an anticipated surplus in the treasury 'to the great purposes of the public education, roads, rivers, canals, and such other objects of public improvement as it may be thought proper to add to the constitutional enumeration of the federal powers'; and he adds: 'I suppose an amendment to the Constitution, by consent of the States, necessary, because the objects now recommended are not among those enumerated in the Constitution, and to which it permits the public moneys to be applied.' In 1825, he repeated in his published letters the opinion that no such power has been conferred upon Congress."
I introduce this not to controvert just now the constitutional opinion, but to show that, on the question of expediency, Mr. Jefferson's opinion was against the present President; that this opinion of Mr. Jefferson, in one branch at least, is in the hands of Mr. Polk like McFingal's gun—"bears wide and kicks the owner over."
But to the constitutional question. In 1826 Chancellor Kent first published his Commentaries on American law. He devoted a portion of one of the lectures to the question of the authority of Congress to appropriate public moneys for internal improvements. He mentions that the subject had never been brought under judicial consideration, and proceeds to give a brief summary of the discussion it had undergone between the legislative and executive branches of the government. He shows that the legislative branch had usually been for, and the executive against, the power, till the period of Mr. J.Q. Adams's administration, at which point he considers the executive influence as withdrawn from opposition, and added to the support of the power. In 1844 the chancellor published a new edition of his Commentaries, in which he adds some notes of what had transpired on the question since 1826. I have not time to read the original text on the notes; but the whole may be found on page 267, and the two or three following pages, of the first volume of the edition of 1844. As to what Chancellor Kent seems to consider the sum of the whole, I read from one of the notes:
"Mr. Justice Story, in his Commentaries on the Constitution of the United States, Vol. II., pp. 429-440, and again pp. 519-538, has stated at large the arguments for and against the proposition that Congress have a constitutional authority to lay taxes and to apply the power to regulate commerce as a means directly to encourage and protect domestic manufactures; and without giving any opinion of his own on the contested doctrine, he has left the reader to draw his own conclusions. I should think, however, from the arguments as stated, that every mind which has taken no part in the discussion, and felt no prejudice or territorial bias on either side of the question, would deem the arguments in favor of the Congressional power vastly superior."
It will be seen that in this extract the power to make improvements is not directly mentioned; but by examining the context, both of Kent and Story, it will be seen that the power mentioned in the extract and the power to make improvements are regarded as identical. It is not to be denied that many great and good men have been against the power; but it is insisted that quite as many, as great and as good, have been for it; and it is shown that, on a full survey of the whole, Chancellor Kent was of opinion that the arguments of the latter were vastly superior. This is but the opinion of a man; but who was that man? He was one of the ablest and most learned lawyers of his age, or of any age. It is no disparagement to Mr. Polk, nor indeed to any one who devotes much time to politics, to be placed far behind Chancellor Kent as a lawyer. His attitude was most favorable to correct conclusions. He wrote coolly, and in retirement. He was struggling to rear a durable monument of fame; and he well knew that truth and thoroughly sound reasoning were the only sure foundations. Can the party opinion of a party President on a law question, as this purely is, be at all compared or set in opposition to that of such a man, in such an attitude, as Chancellor Kent? This constitutional question will probably never be better settled than it is, until it shall pass under judicial consideration; but I do think no man who is clear on the questions of expediency need feel his conscience much pricked upon this.
Mr. Chairman, the President seems to think that enough may be done, in the way of improvements, by means of tonnage duties under State authority, with the consent of the General Government. Now I suppose this matter of tonnage duties is well enough in its own sphere. I suppose it may be efficient, and perhaps sufficient, to make slight improvements and repairs in harbors already in use and not much out of repair. But if I have any correct general idea of it, it must be wholly inefficient for any general beneficent purposes of improvement. I know very little, or rather nothing at all, of the practical matter of levying and collecting tonnage duties; but I suppose one of its principles must be to lay a duty for the improvement of any particular harbor upon the tonnage coming into that harbor; to do otherwise—to collect money in one harbor, to be expended on improvements in another—would be an extremely aggravated form of that inequality which the President so much deprecates. If I be right in this, how could we make any entirely new improvement by means of tonnage duties? How make a road, a canal, or clear a greatly obstructed river? The idea that we could involves the same absurdity as the Irish bull about the new boots. "I shall niver git 'em on," says Patrick, "till I wear 'em a day or two, and stretch 'em a little." We shall never make a canal by tonnage duties until it shall already have been made awhile, so the tonnage can get into it.
After all, the President concludes that possibly there may be some great objects of improvement which cannot be effected by tonnage duties, and which it therefore may be expedient for the General Government to take in hand. Accordingly he suggests, in case any such be discovered, the propriety of amending the Constitution. Amend it for what? If, like Mr. Jefferson, the President thought improvements expedient, but not constitutional, it would be natural enough for him to recommend such an amendment. But hear what he says in this very message:
"In view of these portentous consequences, I cannot but think that this course of legislation should be arrested, even were there nothing to forbid it in the fundamental laws of our Union."
For what, then, would he have the Constitution amended? With him it is a proposition to remove one impediment merely to be met by others which, in his opinion, cannot be removed, to enable Congress to do what, in his opinion, they ought not to do if they could.
Here Mr. Meade of Virginia inquired if Mr. Lincoln understood the President to be opposed, on grounds of expediency, to any and every improvement.
Mr. Lincoln answered: In the very part of his message of which I am speaking, I understand him as giving some vague expression in favor of some possible objects of improvement; but in doing so I understand him to be directly on the teeth of his own arguments in other parts of it. Neither the President nor any one can possibly specify an improvement which shall not be clearly liable to one or another of the objections he has urged on the score of expediency. I have shown, and might show again, that no work—no object—can be so general as to dispense its benefits with precise equality; and this inequality is chief among the "portentous consequences" for which he declares that improvements should be arrested. No, sir. When the President intimates that something in the way of improvements may properly be done by the General Government, he is shrinking from the conclusions to which his own arguments would force him. He feels that the improvements of this broad and goodly land are a mighty interest; and he is unwilling to confess to the people, or perhaps to himself, that he has built an argument which, when pressed to its conclusions, entirely annihilates this interest.
I have already said that no one who is satisfied of the expediency of making improvements needs be much uneasy in his conscience about its constitutionality. I wish now to submit a few remarks on the general proposition of amending the Constitution. As a general rule, I think we would much better let it alone. No slight occasion should tempt us to touch it. Better not take the first step, which may lead to a habit of altering it. Better, rather, habituate ourselves to think of it as unalterable. It can scarcely be made better than it is. New provisions would introduce new difficulties, and thus create and increase appetite for further change. No, sir; let it stand as it is. New hands have never touched it. The men who made it have done their work, and have passed away. Who shall improve on what they did?
Mr. Chairman, for the purpose of reviewing this message in the least possible time, as well as for the sake of distinctness, I have analyzed its arguments as well as I could, and reduced them to the propositions I have stated. I have now examined them in detail. I wish to detain the committee only a little while longer with some general remarks upon the subject of improvements. That the subject is a difficult one, cannot be denied. Still it is no more difficult in Congress than in the State Legislatures, in the counties, or in the smallest municipal districts which anywhere exist. All can recur to instances of this difficulty in the case of county roads, bridges, and the like. One man is offended because a road passes over his land, and another is offended because it does not pass over his; one is dissatisfied because the bridge for which he is taxed crosses the river on a different road from that which leads from his house to town; another cannot bear that the county should be got in debt for these same roads and bridges; while not a few struggle hard to have roads located over their lands, and then stoutly refuse to let them be opened until they are first paid the damages. Even between the different wards and streets of towns and cities we find this same wrangling and difficulty. Now these are no other than the very difficulties against which, and out of which, the President constructs his objections of "inequality," "speculation," and "crushing the treasury." There is but a single alternative about them: they are sufficient, or they are not. If sufficient, they are sufficient out of Congress as well as in it, and there is the end. We must reject them as insufficient, or lie down and do nothing by any authority. Then, difficulty though there be, let us meet and encounter it. "Attempt the end, and never stand to doubt; nothing so hard, but search will find it out." Determine that the thing can and shall be done, and then we shall find the way. The tendency to undue expansion is unquestionably the chief difficulty.
How to do something, and still not do too much, is the desideratum. Let each contribute his mite in the way of suggestion. The late Silas Wright, in a letter to the Chicago convention, contributed his, which was worth something; and I now contribute mine, which may be worth nothing. At all events, it will mislead nobody, and therefore will do no harm. I would not borrow money. I am against an overwhelming, crushing system. Suppose that, at each session, Congress shall first determine how much money can, for that year, be spared for improvements; then apportion that sum to the most important objects. So far all is easy; but how shall we determine which are the most important? On this question comes the collision of interests. I shall be slow to acknowledge that your harbor or your river is more important than mine, and vice versa. To clear this difficulty, let us have that same statistical information which the gentleman from Ohio [Mr. Vinton] suggested at the beginning of this session. In that information we shall have a stern, unbending basis of facts—a basis in no wise subject to whim, caprice, or local interest. The prelimited amount of means will save us from doing too much, and the statistics will save us from doing what we do in wrong places. Adopt and adhere to this course, and, it seems to me, the difficulty is cleared.
One of the gentlemen from South Carolina [Mr. Rhett] very much deprecates these statistics. He particularly objects, as I understand him, to counting all the pigs and chickens in the land. I do not perceive much force in the objection. It is true that if everything be enumerated, a portion of such statistics may not be very useful to this object. Such products of the country as are to be consumed where they are produced need no roads or rivers, no means of transportation, and have no very proper connection with this subject. The surplus—that which is produced in one place to be consumed in another; the capacity of each locality for producing a greater surplus; the natural means of transportation, and their susceptibility of improvement; the hindrances, delays, and losses of life and property during transportation, and the causes of each, would be among the most valuable statistics in this connection. From these it would readily appear where a given amount of expenditure would do the most good. These statistics might be equally accessible, as they would be equally useful, to both the nation and the States. In this way, and by these means, let the nation take hold of the larger works, and the States the smaller ones; and thus, working in a meeting direction, discreetly, but steadily and firmly, what is made unequal in one place may be equalized in another, extravagance avoided, and the whole country put on that career of prosperity which shall correspond with its extent of territory, its natural resources, and the intelligence and enterprise of its people.