Collected Works of Abraham Lincoln. Volume 2.
Lincoln, Abraham, 1809-1865.

Opinion on Election Laws [1]

Springfield, Nov. 1, 1852.

A leading article in the Daily Register of this morning has induced some of our friends to request our opinion on the election laws, as applicable to challenged votes. We have examined the present Constitution of the State, the election law of 1849, and the unrepealed parts of the election law in the Revised code of 1848; and we are of opinion that any person taking the oath prescribed in the act of 1849, is entitled to vote, unless counter proof be made, satisfying a majority of the Judges that such oath is untrue, and that for the purpose of obtaining such counter proof, the proposed voter may be asked questions in the way of cross-examination, and other independent testimony may be received. We base our opinion as to receiving counter proof, upon the unrepealed Section Nineteen of the election Law in the Revised code. A. LINCOLN,

B. S. EDWARDS,

S. T. LOGAN.

I concur in the foregoing opinion,

S. H. TREAT.

Annotation

[1]   Illinois Journal, November 2, 1852. The opinion is prefaced by the following: ``The Register of yesterday morning assumes that the whigs will attempt to prevent our adopted citizens from voting to-day; and it advises them not to take their naturalization papers to the polls. By the opinion of three whig lawyers and one democratic Judge, which we publish this morning, it seems the having the Naturalization papers at the polls is not indispensably necessary; but notwithstanding this, we would advise our friends among the adopted citizens to take their papers with them, as the shortest and easiest way of doing the thing up, in case of a controversy.''