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The Papers and Writings of Abraham Lincoln — Volume 1: 1832-1843 cover

The Papers and Writings of Abraham Lincoln — Volume 1: 1832-1843

Chapter 74: EXTRACT FROM A PROTEST IN THE ILLINOIS LEGISLATURE
By Abraham Lincoln
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About This Book

A curated collection of a prominent statesman’s early public and private writings, assembling speeches, legislative remarks, legal papers, and personal letters from his formative career. The documents trace the emergence of political convictions and rhetorical manner, addressing questions of slavery, banking, temperance, and party strategy while exposing private friendships, anxieties, and practical counsel. Editors supply introductions and commentary to situate the material and assess its significance. Taken together, the selections illuminate the gradual shaping of a pragmatic leadership that pairs moral reflection with tactical compromise in confronting local and national challenges.

AGAINST THE REORGANIZATION OF THE JUDICIARY.

EXTRACT FROM A PROTEST IN THE ILLINOIS LEGISLATURE

February 26, 1841

For the reasons thus presented, and for others no less apparent, the undersigned cannot assent to the passage of the bill, or permit it to become a law, without this evidence of their disapprobation; and they now protest against the reorganization of the judiciary, because—(1) It violates the great principles of free government by subjecting the judiciary to the Legislature. (2) It is a fatal blow at the independence of the judges and the constitutional term of their office. (3) It is a measure not asked for, or wished for, by the people. (4) It will greatly increase the expense of our courts, or else greatly diminish their utility. (5) It will give our courts a political and partisan character, thereby impairing public confidence in their decisions. (6) It will impair our standing with other States and the world. (7)It is a party measure for party purposes, from which no practical good to the people can possibly arise, but which may be the source of immeasurable evils.

The undersigned are well aware that this protest will be altogether unavailing with the majority of this body. The blow has already fallen, and we are compelled to stand by, the mournful spectators of the ruin it will cause.

[Signed by 35 members, among whom was Abraham Lincoln.]