Give my best respects to Mr. and Mrs. Able and family.
Your friend, LINCOLN
1837
SPEECH IN ILLINOIS LEGISLATURE.
January [?], 1837
Mr. CHAIRMAN:—Lest I should fall into the too common error of being mistaken in regard to which side I design to be upon, I shall make it my first care to remove all doubt on that point, by declaring that I am opposed to the resolution under consideration, in toto. Before I proceed to the body of the subject, I will further remark, that it is not without a considerable degree of apprehension that I venture to cross the track of the gentleman from Coles [Mr. Linder]. Indeed, I do not believe I could muster a sufficiency of courage to come in contact with that gentleman, were it not for the fact that he, some days since, most graciously condescended to assure us that he would never be found wasting ammunition on small game. On the same fortunate occasion, he further gave us to understand, that he regarded himself as being decidedly the superior of our common friend from Randolph [Mr. Shields]; and feeling, as I really do, that I, to say the most of myself, am nothing more than the peer of our friend from Randolph, I shall regard the gentleman from Coles as decidedly my superior also, and consequently, in the course of what I shall have to say, whenever I shall have occasion to allude to that gentleman, I shall endeavor to adopt that kind of court language which I understand to be due to decided superiority. In one faculty, at least, there can be no dispute of the gentleman's superiority over me and most other men, and that is, the faculty of entangling a subject, so that neither himself, or any other man, can find head or tail to it. Here he has introduced a resolution embracing ninety-nine printed lines across common writing paper, and yet more than one half of his opening speech has been made upon subjects about which there is not one word said in his resolution.
Though his resolution embraces nothing in regard to the constitutionality of the Bank, much of what he has said has been with a view to make the impression that it was unconstitutional in its inception. Now, although I am satisfied that an ample field may be found within the pale of the resolution, at least for small game, yet, as the gentleman has traveled out of it, I feel that I may, with all due humility, venture to follow him. The gentleman has discovered that some gentleman at Washington city has been upon the very eve of deciding our Bank unconstitutional, and that he would probably have completed his very authentic decision, had not some one of the Bank officers placed his hand upon his mouth, and begged him to withhold it. The fact that the individuals composing our Supreme Court have, in an official capacity, decided in favor of the constitutionality of the Bank, would, in my mind, seem a sufficient answer to this. It is a fact known to all, that the members of the Supreme Court, together with the Governor, form a Council of Revision, and that this Council approved this Bank charter. I ask, then, if the extra-judicial decision not quite but almost made by the gentleman at Washington, before whom, by the way, the question of the constitutionality of our Bank never has, nor never can come—is to be taken as paramount to a decision officially made by that tribunal, by which, and which alone, the constitutionality of the Bank can ever be settled? But, aside from this view of the subject, I would ask, if the committee which this resolution proposes to appoint are to examine into the Constitutionality of the Bank? Are they to be clothed with power to send for persons and papers, for this object? And after they have found the bank to be unconstitutional, and decided it so, how are they to enforce their decision? What will their decision amount to? They cannot compel the Bank to cease operations, or to change the course of its operations. What good, then, can their labors result in? Certainly none.
The gentleman asks, if we, without an examination, shall, by giving the State deposits to the Bank, and by taking the stock reserved for the State, legalize its former misconduct. Now I do not pretend to possess sufficient legal knowledge to decide whether a legislative enactment proposing to, and accepting from, the Bank, certain terms, would have the effect to legalize or wipe out its former errors, or not; but I can assure the gentleman, if such should be the effect, he has already got behind the settlement of accounts; for it is well known to all, that the Legislature, at its last session, passed a supplemental Bank charter, which the Bank has since accepted, and which, according to his doctrine, has legalized all the alleged violations of its original charter in the distribution of its stock.