Abraham Lincoln to Henry C. Whitney, 18 December 18571
Springfield, Dec. 18. 1857.Henry C. Whitney, Esq.[Esquire]My dear Sir:
I know of no express statute, or decisions, as to what a J. P.[Justice of the Peace] upon the expiration of his term, shall do with his docket, books, papers, unfinished
business &c[etc]; but so far as I know, the practice has been to hand over to the successor, and to cease to do anything further whatever,
in perfect analoge to Sec’s[Sections] 110 & 112— and I have supposed & do suppose this is the law– I think the successor
may forthwith do, whatever the retiring J. P. might have done– As to the proviso to Sec.[Section] 114 I think it was put in to cover possible cases, by way of caution, and not to
authorize the J. P. to go forward and finish up whatever might have been begun by him–3
The view I take I believe is the common-law principle, as to retiring officers and
their successors, to which I remember but one exception, which is the case of Sheriffs
and ministerial officers of that class–
I have not had time to examine this subject fully, but I have great confidence I am
right–
You must not think of offering me pay for this–
Mr John O. Johnson is my friend; I gave your name to him– He is doing the work of trying to get up
a republican organization–4 I do not suppose Long John ever saw or heard
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of him– Let me say to you, confidentially, that I do not entirely appreciate what
the republican papers of Chicago are so constantly saying against Long John– I consider those papers truly devoted
to the republican cause, and not unfriendly to me; but I do think that more of what they say against “Long John” is dictated by personal malice
than themselves are conscious of– We can not afford to lose the services of “Long John” and I do believe the unrelenting warfare
made upon him, is injuring our cause— I mean this to be confidential–5
If you quietly co-operate with Mr J O. Johnson, in getting up an organization, I think it will be right–
Your friend as everA. Lincoln–<Page 3>
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2Henry C. Whitney’s letter of December 15, 1857 has not been located. Lincoln had been
in Bloomington for the winter term of the McLean County Circuit Court.
The Lincoln Log: A Daily Chronology of the Life of Abraham Lincoln, 14 December 1857, https://www.thelincolnlog.org/Results.aspx?type=CalendarDay&day=1857-12-14.
3Lincoln references chapter fifty-nine of the revised statutes of Illinois, which specified
the rules and regulations governing justices of the peace and constables. Section
112 stipulated that if a justice of the peace resigned, died, or was removed, their
books, docket, and other papers of office would be transferred to their successor.
Section 110 authorized the successor, once in possession of the papers, to complete
any unfinished business having come before the predecessor. Section 114, which governed
the terms and condition of bonds given by justices and constables, included a proviso
authorizing the continuation of bonds until the justice or constable completed business
in cases where the law required them to finish business before their left office.
“Chapter LIX: Justices of the Peace and Constables,” 3 March 1845, Revised Statutes of Illinois (1845), 313, 331, 332.
4John O. Johnson wrote Richard Yates in September 1857 regarding plans to build a republican organization. Lincoln assured Yates that Johnson wrote the letter “by concert with me; and is entirely reliable.”
5An erstwhile Democrat who broke with his party over the Kansas-Nebraska Act and the violence in the Kansas Territory, “Long John” Wentworth had moved reluctantly into the Republican fold. Uncomfortable
with former Whigs, Know-Nothings, and temperance advocates filling the Republican ranks, Wentworth operated outside
any official party affiliation, winning election as mayor of Chicago as a fusion
candidate in the spring of 1857. Jealous over his prestige as mayor and suspicious
of his party loyalty, Republican newspapers editors in Chicago turned against Wentworth
in the months after his election. The most serious charge was that Wentworth planned
to use his authority as mayor to supplant Lincoln as the Republican candidate for
U.S. Senate in 1858.
William G. Shade, "Wentworth, John," American National Biography
, ed. by John A. Garraty and Mark C. Carnes (New York: Oxford University Press, 1999),
23:45; Don E. Fehrenbacher, Chicago Giant: A Biography of "Long John" Wentworth
(Madison, WI: The American History Research Center, 1957), 126-41, 148-49.
Autograph Letter Signed, 4 page(s), Harlan Crow Library (Dallas, TX).