Prairie lawyer


By the mid-1850s, Lincoln faced competing transportation interests — both the river barges and the railroads. In 1849, he received a patent related to buoying vessels. Lincoln represented the Alton & Sangamon Railroad in an 1851 dispute with one of its shareholders, James A. Barret. Barret had refused to pay the balance on his pledge to the railroad on the grounds that it had changed its originally planned route. Lincoln argued that as a matter of law a corporation is not bound by its original charter when that charter can be amended in the public interest, that the newer proposed Alton & Sangamon route was superior and less expensive, and that accordingly the corporation had a right to sue Mr. Barret for his delinquent payment. He won this case, and the decision by the Illinois Supreme Court was eventually cited by several other courts throughout the United States.

Another important example of Lincoln's skills as a railroad lawyer was a lawsuit over a tax exemption that the state had granted to the Illinois Central Railroad. McLean County argued that the state had no authority to grant such an exemption, and it sought to impose taxes on the railroad notwithstanding. In January 1856, the Illinois Supreme Court delivered its opinion upholding the tax exemption.

Lincoln's most notable criminal trial came in 1858 when he defended William "Duff" Armstrong, who was on trial for the murder of James Preston Metzker. The case is famous for Lincoln's use of judicial notice, a rare tactic at that time, to show an eyewitness had lied on the stand, claiming he witnessed the crime in the moonlight. Lincoln produced a Farmer's Almanac to show that the moon on that date was at such a low angle it could not have produced enough illumination to see anything clearly. Based upon this evidence, Armstrong was acquitted.



Republican politics 1854–1860


The Kansas-Nebraska Act of 1854, which expressly repealed the limits on slavery's spread that had been part of the Missouri Compromise of 1820, drew Lincoln back into politics. Illinois Democrat Stephen A. Douglas, the most powerful man in the Senate, proposed popular sovereignty as the solution to the slavery impasse, and he incorporated it into the Kansas-Nebraska Act. Douglas argued that in a democracy the people of a territory should decide whether to allow slavery and not have a decision imposed on them by Congress.

It was a speech against the act, on October 16 1854 in Peoria, that caused Lincoln to stand out among the other free soil orators of the day. He helped form the new Republican Party, drawing on remnants of the old Whig, Free Soil, Liberty and Democratic parties. In a stirring campaign, the Republicans carried Illinois in 1854 and elected a senator. Lincoln was the obvious choice, but to keep party unity he allowed the election to go to his colleague Lyman Trumbull.

In 1857-58, Douglas broke with President Buchanan, leading to a fight for control of the Democratic Party. Some eastern Republicans even favored the reelection of Douglas in 1858, since he led the opposition to the administration's push for the Lecompton Constitution which would have admitted Kansas as a slave state. Accepting the Republican nomination for the Senate in 1858, Lincoln delivered a famous speech [3] in which he stated, "A house divided against itself cannot stand. I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing, or all the other." The speech created a lasting image of the danger of disunion because of slavery, and rallied Republicans across the north.

The 1858 campaign featured the Lincoln-Douglas debates, a nationally noticed discussion on the issues that threatened to split the nation in two. Lincoln forced Douglas to propose his Freeport Doctrine, which lost him further support among slave-holders and speeded the division of the Democratic Party. Though the Republican legislative candidates won more popular votes, the Democrats won more seats, and the legislature reelected Douglas to the Senate. Nevertheless, Lincoln's eloquence transformed him into a national political star.

During the debates of 1858, the issue of race was often discussed. During a time period when racial egalitarianism was considered politically incorrect, Stephen Douglas would inform the crowds, “If you desire negro citizenship… if you desire them to vote on an equality with yourselves… then support Mr. Lincoln and the Black Republican party, who are in favor of the citizenship of the negro.” (Official records of debate) On the defensive, Lincoln countered that he was “not in favor of bringing about in any way the social and political equality of the white and black races.” (Official records of debate) Historians generally remained mixed on what Lincoln’s actual views were on race. However, many tend to doubt that the highly political nature of these debates offer reliable evidence about his personal views. (Team of Rivals, by Doris Kearns Goodwin, 2005) (Lincoln: In Text and Context, by Donald Fehrenbacher, 1987) As Frederick Douglass observed, “[Lincoln was] the first great man that I talked with in the United States freely who in no single instance reminded me of the difference between himself and myself, of the difference of color.” (Life and Times of Frederick Douglass, by Frederick Douglass, 1895)

Lincoln's opposition to slavery was opposition to the Slave Power, and he was not an abolitionist in 1858. But the Civil War changed many things, including Lincoln's beliefs in race relations.

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