Every American knows about Abraham Lincoln. Lawyer politician president and icon of freedom. Or do
they? Lincoln ascended to the presidency during the darkest period in our history and faced
challenges no other president had before or since. In this two-part presentation we will examine the
highlights of some of his successes mistakes and illegal actions. The Civil War pitted the nation
against each other and its origins were not what most people believe. Lincoln's greatest challenge
was keeping the union together at any cost and sometimes he may have gone too far. But before
we cast a large shadow over all of Lincoln's decisions especially those that appear egregious
historically we must first understand his evolution as a man politician and attorney as well
as president. We have to look into why he became an anti-slavery president but also examine the
time in which he lived and the situation thrust upon him of a divided nation tearing itself apart.
But did he go too far in trying to preserve the union violating the very Constitution he claimed
to revere and swore to protect? Who was the real Abraham Lincoln? Why and how did he evolve and
adopt an anti-slavery position? What did he do that was illegal under the Constitution? When
did the issue of slavery become his focal point to rally the nation in the cause of freedom and
why? Hello I'm Colin Heaton a veteran of the United States Army and Marine
Corps former history professor book author and welcome to this episode of Forgotten
History
Abraham Lincoln was born on February 12th 1809 at Sinking Spring Farm in rural Hodgenville
Kentucky to parents Thomas Lincoln and Nancy Hanks Lincoln. In 1817 they moved to Perry
County Indiana due to a land dispute over their farm. In Indiana the family squatted
on public land in a crude shelter hunting game and farming a small plot which they
eventually bought. When Lincoln was 9 years old his 34-year-old mother died of timaril
more commonly known as milk sickness on October 5th 1818 which devastated
him. Afterward his father placed even more physical responsibility on him and his education
suffered. In December 1819 Lincoln's father Thomas married Sarah Bush Johnston a Kentucky widow with
three children of her own whom Lincoln bonded with. She encouraged him to read and continue
learning which he did with a passion. His entire formal education period lasted only about a year
and a half. He would walk for several miles to borrow or return a book. He was mostly self-taught
in reading literature math science but he loved history and law. In March 1830 the family moved
to Macon County Illinois a short time later again to Coles County. It was there that the 22-year-old
Lincoln decided to leave making a living as a manual laborer specializing in cutting down
trees splitting firewood and building log cabin homes. All the while he continued to read and
learn. Lincoln later moved to the small town of New Salem Illinois where over time he worked as
a shopkeeper local postmaster and eventually becoming a general store owner. Standing 6' 4
in tall thin but very muscular Lincoln became an excellent wrestler in order to make money. During
his 12 years wrestling he only had one recorded loss to Hank Thompson. In 1832 the shopkeeper
Lincoln worked for in New Salem Illinois arranged his matches to promote his business. Lincoln
became a well-known celebrity when he defeated local champion Jack Armstrong. In fact Lincoln's
records saw him posthumously given the National Wrestling Hall of Fame's Outstanding American
Award in 1992. When the Blackhawk war broke out in 1832 between the United States and the Native
Americans the volunteers elected Lincoln to be their captain although he saw no combat during
this time but it did emphasize upon him the rigors and challenges of leadership. When he
returned he planned on becoming a blacksmith but decided to form a partnership with 21-year-old
William Berry and they purchased a new Salem general store on credit. Berry obtained
bartending licenses for $7 each for Lincoln and himself due to the law requiring a license
for selling individual spirits and in 1833 the Lincoln Berry General Store became a tavern as
well. When Berry became an alcoholic and ineffective as a partner Lincoln ended up managing
by himself. Although the local economy was booming the business struggled and went into debt causing
Lincoln to sell his share. Lincoln's passion for the law was always present. He taught himself law
by reading William Blackstone's "Commentaries on the Laws of England", the U.S. Constitution,
The Federalist Papers and the writings of all the founding fathers especially lawyers such as
John Adams and Thomas Jefferson. In 1834 he was elected to the Illinois State Legislature as a
member of the Whig Party. He was a supporter of government sponsored infrastructure and
protective tariffs. His views on slavery became well known as he did not believe so much that it
was a moral wrong but that it was detrimental to economic development. Lincoln was never an
open abolitionist during these years and that was well established but he did see the need to have
the law protect all people and did believe that even those in slavery had rights. He also agreed
that slavery was a tenth amendment issue and that the federal government could not intervene as a
result. After years of self-study and passing the rigorous examinations he was admitted to
the bar in 1837 and joined the John T. Stewart law firm in Springfield Illinois as a junior
attorney. During this period he met and became romantically involved with Anne Rutledge. Before
they became officially engaged Anne died at age 22 of typhoid fever in New Salem. Following that
year he met Mary Owens and they saw each other for a few months and marriage was considered but
Lincoln changed his mind. On August 16th 1837 he wrote her a letter saying quote "he would
not blame her if she ended the relationship," and he never received a response. However due
to this loss and the fact that there was not really enough work for him there he followed
the circuit court around the state representing clients. On November 4th 1842 Lincoln married
Mary Todd an opinionated high-spirited and well-educated woman from a distinguished
family in Kentucky. She was the daughter of Robert Smith Todd a wealthy lawyer and businessman in
Lexington. Together they would have four sons: Robert Todd and Edward Baker William Wallace
and Thomas known as "Tad". Robert who was born in 1843 would be the only child to live
to adulthood. He then partnered with William Herndon in 1844 and he made a good living as
a defense and contract attorney. From 1847 to 1849 he was elected and served one term
in the U.S. House of Representatives as the lone Whig Party member from Illinois but he
was unable to gather political allies while in Congress. He opposed the Mexican-American
War and President James K. Polk's support of it. He supported the Wilmot Proviso a failed
proposal to ban slavery in any U.S. territory won from Mexico becoming one of the few doves
surrounded by hawks. These positions made him unpopular back home and then he also supported
Zachary Taylor for president in 1848. Not having a lot of political support Lincoln decided not to
run for a second term due to his unpopularity and returned to Springfield to practice law.
Lincoln saw an opportunity during the 1850s as railroads started their great expansion and he
served as a lobbyist for the Illinois Central Railroad and was its company attorney. He also
represented riverboat companies and he was not partisan; he believed that if a case had merits
it should be taken and the client represented. He also represented a bridge company against a
riverboat company in Hurd v Rock Island Bridge Company a landmark case involving a canal boat
that sank after hitting a bridge. Knowing a bit about riverine maritime requirements and
the dangers facing the boat crews he received a patent for a flotation device in 1849. This
allowed for the movement of boats in shallow water. The idea was never sold on the commercial
market due to cost but it made Lincoln the only president to hold a patent. His fame
as a successful criminal corporate attorney brought in many new clients including banks
insurance companies and manufacturing firms but in 1854 Congress passed the Kansas Nebraska Act
which repealed the Missouri Compromise. This event set the precedent for Lincoln to consider
politics. This ruling was sponsored by Lincoln's friend and friendly rival Steven Douglas allowing
the electorates of individual states and territories to decide for themselves whether
to allow slavery under the 10th Amendment's protection rather than a strict prohibition as a
requirement. The law provoked a violent opposition in Kansas and Illinois to which Lincoln was a keen
observer and this issue gave rise to the modern Republican Party. Lincoln's opposition was well
noted when he said the Kansas act had a "declared indifference but as I must think a covert real
zeal for the spread of slavery. I cannot but hate it. I hate it because of the monstrous Injustice
of slavery itself. I hate it because it deprives our Republican example of just influence in the
world." Lincoln's position on slavery while not outright abolitionist in the extreme was at least
moderate to want to stop its expansion until it died a natural death. He also had the support of
the anti-slavery Democrats and after failing to win the majority for his Senate race after four
rounds Lincoln instructed his backers to vote for Lyman Trumbull the leading anti-slavery Democrat.
This coalition allowed for the defeat of the mainstream pro-slavery Democratic candidate
Joel Aldrich Matteson. In 1856 Lincoln not only joined but he also helped shape the new
Republican Party and his concepts on slavery were changing. He was dealing with the moral
struggle that the people of the country were having with the institution of keeping others
in bondage but he also knew that it was a states' right issue not federal. In 1857 the Supreme Court
issued its monumental and controversial Dred Scott Decision declaring that blacks were not
citizens and had no inherent rights and were in fact property. Although Lincoln like most white
people felt black people were not their equal he still believed America's founders intended that
all men were created with certain inalienable rights even if they were owned as property.
Lincoln decided to challenge the sitting U.S. senator from Illinois Steven Douglas his friend
for his seat. Douglas and Lincoln were actually friends who both highly respected each other
they often had dinners together and played cards. This was lost upon the public who watched the two
men hack at each other but in a professional and in debatable manner. They appeared to be
quite friendly it was said that after the debates which often lasted several hours the two men would
get together have dinner and try to determine who had the best argument that day. In his GOP
nomination acceptance speech Lincoln seemed to alter his position on slavery to a more lenient
stance. He criticized Douglas who sponsored the Kansas Nebraska Act the Supreme Court who upheld
it and President James Buchanan for promoting slavery then declared "A house divided cannot
stand" during his 1858 U.S. Senate campaign. He participated in seven debates against Douglas when
they held in different cities across Illinois. The debates became heated and legendary covering
issues such as states rights western expansion per the Monroe Doctrine and the greatest issue of the
day slavery. These laid the groundwork for the forthcoming presidential election. Some Eastern
Republicans supported Douglas for his opposition to the Lecompton Constitution and admission of
Kansas as a slave state. Lincoln was well known to be in opposition. "For the first time Illinois
Republicans held a convention to agree upon Senate candidate and Lincoln won the nomination with
little opposition." The local and even national newspapers followed these events and most had
their partisan slant. Lincoln's anti-slavery position did not sit well with the majority
of newspapers even with a few Republicans and the majority of Democrats and he received a lot
of negative press and as a result Douglas won. However it catapulted Lincoln onto the national
stage. In May 1859 Lincoln purchased Illinois' "Staat-Anzeiger" a German language newspaper
that was consistently supportive despite the fact that most of the state's 130,000 German Americans
voted for Democrats. But the German language paper mobilized Republican support for Lincoln due to
the anti-slavery issue. As Lincoln was campaigning he was still practicing law and while defending
William "Duff" Armstrong who was on trial for the murder of James Preston Metzker his case became
famous for Lincoln's use of a fact established by judicial notice to challenge the credibility of an
eyewitness. A witness in the case claimed that he could identify Lincoln's client Armstrong because
of the intense light from a full moon. Lincoln referred to a Farmer's Almanac and proved that
the night in question had been too dark for the witness to see anything clearly and his client was
acquitted. The following year Lincoln had another high-profile case. Simeon Quinn "Peachy" Harrison
was a third cousin to himself and he was also the grandson of Lincoln's political opponent Reverend
Peter Cartwright. Harrison was charged with the murder of Greek Crafton who as he Lay Dying of
his wounds confessed to Cartwright that he had provoked Harrison and it was a case of
self-defense. The judge in the case a well-known Democrat excluded Cartwright's testimony about the
confession as inadmissible hearsay. Lincoln argued that the testimony involved a dying declaration
and was not subject to the hearsay rule. Most of the court observers expected the judge who
was not a political ally of Lincoln's to hold him in contempt of court. However surprising everyone
the judge reversed his ruling and admitted the testimony into evidence resulting in Harrison
being acquitted. As a result of these two high-profile murder cases handled while he
was running in a primary election cycle Lincoln was regarded as one of the best attorneys in the
state and the very high-profile murder cases tended to prove that. Lincoln also appeared
before the Illinois State Supreme Court in 175 appellate cases and he was sole counsel in 51
of these cases and 31 were decided in his favor. From 1853 to 1860 one of his largest clients was
still the Illinois Central Railroad but his willingness to represent poor clients against
serious charges gave him good public press. As a result his reputation as a lawyer to all men
regardless of wealth or status and due to his being a stickler on legal protocol earned him
the nickname of "Honest Abe". Due to his fame as a lawyer he developed a high political profile.
GOP political operatives in Illinois organized a campaign in 1860 to support Lincoln for the
presidency. On May 18th at the Republican National Convention in Chicago Lincoln was
selected over even better known Republican candidates such as William Seward of New
York and Salmon P. Chase of Ohio. Lincoln's nomination was partly due to his moderate
views on slavery while not advocating for a total abolition due to the 10th Amendment. He did argue
for basic human rights for slaves. Also helping his candidacy was his support for improving the
national infrastructure expanding railroads education for children and the protective
tariff. But Lincoln was still perceived as a fence sitter on the issue of slavery.
Horace Greeley then editor of the New York Tribune illustrated Lincoln's willingness
to compromise on the issue of slavery as well as his reluctance to challenge the Dred Scott
Decision and these were used against him by his political opponents. The November 1860 general
election was at the time the political equivalent of Mr. Toad's Wild Ride and Lincoln faced his old
friend and rival Steven Douglas once again. The election was a four-way race that included John
C. Breckenridge of the northern Democrats and John Bell of the Constitution Party.
Lincoln received just under 40% of the popular vote as it was spread among all the candidates
but he secured 180 of 303 Electoral College votes to win the election. This was also when
he began growing his legendary beard. The times were changing for the United States
and Lincoln would find himself leading a nation that was tearing itself apart at
the seams. The situations he would face would force him to make some decisions that even by
today's standards still shock the American people. We will see in part two how Lincoln
the legal mind defender of the poor and rich alike and constitutional supporter would slowly
evolve perhaps out of desperation or what he perceived to be necessity to make decisions
that would challenge his integrity on many constitutional issues due to his actions.
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