Abraham Lincoln to Mark Carley, 25 February 18581
Springfield, Feb. 25– 1858.Mark Carley, Esq[Esquire]My dear SirYour letter of the 20th was duly received–2 I had a full talk, on the subject, with the
Governor to-day– He will not issue the commission– He says he is sorry for it; but as the question
has been made, he can do no other
than decide it as he thinks is right– His argument, in short, is this; As you state
the facts yourself, he thinks you had no legal
residence in the precinct when you were elected; clearly you were not entitled to
vote in the
precinct, and therefore he thinks you could not be lawfully voted
for, in it–3
He asks “Can you not move your residence into the precinct, and be elected again?”4
Yours very trulyA. Lincoln53Governor William H. Bissell apparently based his refusal to grant Carley a commission for elected office in
part on article six, section one of the 1848 Illinois Constitution, which stated that “no such citizen or inhabitant shall be entitled to vote, except
in the district or county in which he shall actually reside at the time of such election.”
Ill. Const. of 1848, art. VI, § 1.
4It is unknown precisely for what office Carley was attempting to obtain a commission.
He had run for a position as county judge in Champaign County in November 1857, but while his eligibility to run for that office was questioned
at the time of the election, it seems unlikely that this was the commission Lincoln
was advising him on, as he lost that race and Lincoln here implies that he had been
successfully elected.
It seems more likely that the position under discussion here was that of justice of
the peace of a new precinct in Tolono to which Carley had been elected on January 9, 1858. Carley reportedly never qualified
for that office following his election.
Our Constitution (Urbana, IL), 7 November 1857, 2:1-3; Urbana Union (IL), 21 January 1858, 3:1; Don McCue, ed., Treasures of the Lincoln Memorial Shrine (Redlands, CA: Watchorn Lincoln Memorial Association, 2008) 6-7; Milton W. Mathews
and Lewis A. McLean, Early History and Pioneers of Champaign County (Urbana, IL: Champaign County Herald, 1886), 130.
Autograph Letter Signed, 1 page(s),
Lincoln Memorial Shrine (Redlands, CA).