Saturday, April 8, 2023

Abraham Lincoln Pleads His Case as a Defendant at 18 years old.



Abraham Lincoln worked on a ferryboat near Posey’s Landing on the Ohio River in Spencer County, Indiana, in the fall and winter of 1826-27. In the spring, Lincoln built a small flatboat for his own use at Bates’ Landing, about a mile and a half downriver. He intended to earn money by carrying produce down the river.

This business languished, however, and Lincoln, his meager savings gone, turned to carrying passengers to steamboats in the middle of the river. One day he was motioned to the Kentucky shore by brothers John T. and Len Dill, who were operating a ferryboat nearby.

Two brothers who lived on the Kentucky side of the river, John T. and Len Dill, had the ferry rights across the Ohio River from a point opposite Anderson River. One day Lincoln was motioned to the Kentucky shore by the brothers. A tense confrontation occurred as the brothers accused Lincoln of infringing on their business. Lincoln’s obvious strength may have encouraged a legal rather than a physical resolution. In any event, Lincoln and the brothers turned to Samuel Pate, a farmer and justice of the peace.

The Dill brothers accused Lincoln of interfering with their legally established business. Lincoln admitted to conveying passengers to the middle of the river. Lincoln argued that he had carried no one who was a potential customer of the Dills’ ferry.

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The pertinent clause of Kentucky law read: "... if any person whatsoever shall, for reward, set any person over any river or creek, whereupon public ferries are appointed, he or she so offending shall forfeit and pay five pounds current money, for every such offence, one moiety to the ferry-keeper nearest the place where such offence shall be committed, the other moiety to the informer; and if such ferry-keeper informs, he shall have the whole penalty, to be recovered with costs."

The evidence presented revealed that Lincoln had limited his operations to depositing his passengers on board steamers in the middle of the river and that he had never ferried any of them clear across the Ohio River.

Judge Samuel Pate, narrowly interpreting the act from William Littell’s Statute Law of Kentucky, “respecting the Establishment of Ferries,” ruled that inasmuch as there was no occasion cited on which Lincoln had "set any person over [shore to shore] any river or creek." Lincoln, however, had taken passengers only to the middle of the river. Case dismissed.

This case, the first in which Lincoln appeared as a defendant, led to a friendship between him and Samuel Pate, which, some have speculated, may have stimulated his initial interest in the law.

Compiled by Dr. Neil Gale, Ph.D.

Friday, April 7, 2023

Abraham Lincoln's Legacy.

Abraham Lincoln by Alexander Hesler, 1860.
CAMPAIGN
By May of 1860, Lincoln was nominated for President in the Republican National Convention in Chicago. He was running against a deeply divided Democratic Party, positioning the nation on the brink of fundamental change. A Republican win would end the South's political dominance of the Union. Ultimately, Lincoln carried all northern states, but New Jersey and Lincoln's win in the heavily populated North achieved victory in the Electoral College. 

Four years later, in November 1864, amid the civil war, the United States held another presidential election, a feat no democratic nation had ever accomplished. Even when Lincoln felt no hope of winning, he never seriously considered postponing the election. Despite his doubts, Lincoln achieved a huge Electoral College victory, with a considerable margin of 55% of the popular vote. Thousands of Lincoln votes by soldier-citizens were one key to his victory.

CHALLENGES
When Lincoln left Illinois and headed east for his inauguration, he told the crowd at the Springfield railroad station that he confronted challenges equal only to those that had faced the nation's first president: Washington had had to create a nation; Lincoln now had to preserve it. 

Lincoln's election was evidence of the sectional discord that had ripped the United States apart during the 1850s, as slavery became a critical political and moral issue. As Lincoln had remarked, "A house divided against itself [over slavery] cannot stand." This proved prophetic with the collapse of the national party systems (the Whigs disappeared altogether) as North and South evolved into separate societies ─ one based on free labor, the other on slavery. 

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Although the term "free labor" might suggest the same meaning as slavery, the word "free" had nothing to do with bondage or working for no wage, but rather indicated concepts of freedom, independence, and self-reliance. The concept emphasized an egalitarian (all people are equal and deserve equal rights) vision of individual human potential, the idea that anyone could climb the ladder of success with hard work and dedication.

Lincoln's election prompted the South to withdraw, or secede, from the Union. In his first inaugural address, Lincoln delivered a final plea to the South to remain, but to no avail. War broke out in April 1861 with the attempt by the Federal government to resupply South Carolina's Fort Sumter. Despite the partisans' optimism that the war would be over quickly, it became a long, desperate, and exceptionally bloody conflict that would fundamentally reshape the nation.      

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The poet Steve Scafidi (1967─) characterized Lincoln's challenges as those confronted by a doctor trying to perform brain surgery while a dog gnaws at his leg. 

Lincoln's tasks were staggering, both in detail and in scope. Politically, he had to navigate between the many demanding factions and interests of the North. He also had the unprecedented task of organizing and prosecuting what would become the first industrial war, a conflict that ranged across the whole country, involved all of its resources, and was fought by an army not always up to the task. Finally, constitutionally and politically, Lincoln grappled with the evolving meaning of the Civil War. Initially, Lincoln espoused only the cause of Unionism. But as the war continued, he saw that saving the Union was inseparable from the cause of Negroes freedom. In his 1863 Gettysburg Address, he argued that the war must lead to "a new birth of freedom," or it would have been fought in vain.

MAJOR ACTS
In practical terms, the achievements of Abraham Lincoln are mammoth yet simple to describe: he confronted the South's secession and the Union's dissolution with all the political and practical tools at his command to defeat the Confederacy and restore the United States. 

His skills as a practical politician were extraordinary as he juggled the contending interests of his constituencies, which included the army, Congress, foreign countries, and ordinary Americans he was conscious of representing. It must be remembered that Lincoln was, above all, an extremely skillful politician, one frequently underestimated by both friends and foes. 

His use of the levers of power in pursuing his evolving war aims greatly expanded the power of the executive in American politics, setting a precedent that later presidents would build on. His suspension of habeas corpus was controversial both then and now; the military draft caused violent riots, and through government contracting and the expansion of state activity, such as the approval of a transcontinental railway and the Morrill Act to settle western lands, he laid the foundations for a better country.

LEGACY
Lincoln's legacy is based on his momentous achievements: he successfully waged a political struggle and civil war that preserved the Union and ended slavery. He created the possibility of civil and social freedom for Negroes.




President Lincoln issued the Emancipation Proclamation on January 1, 1863, as the nation approached its third year of a bloody civil war. The proclamation declared "that all persons held as slaves" within the Confederacy "are, and henceforward shall be free."

On February 25, 1863, President Lincoln signed The National Currency Act into law. The Act established the Office of the Comptroller of Currency, which was responsible for organizing and administering a system of nationally chartered banks and a uniform national currency. 

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The Confederate Congress authorized the recruitment of slaves as soldiers with permission of owners in March 1865.

John Wilkes Booth shot President Lincoln on Friday, April 14, 1865, at Ford's Theatre in Washington, D.C. Lincoln was immediately moved to the William and Anna Petersen's House across the street from Ford's Theatre. Abraham died from his injury on Saturday, April 15, 1865.

However, his assassination prevented him from overseeing the reconstruction of the Union he had helped save. The assassination also had the effect of turning Lincoln into a martyr of almost mythological dimensions. As Edwin Stanton remarked when Lincoln died, "Now he belongs to the ages," Lincoln has not lacked idolaters who viewed him as an almost supernatural representation of American genius. 

It is much more realistic to see Lincoln as a practical genius. Temperamentally, he was humane, tolerant, and patient. But he also had an extraordinary ability to see and adapt to events, responding decisively when necessary. Above all, there is his evolution on civil rights. He began the Civil War with thoughts only of restoring the Union but ended up committing the nation to freedom for Negroes. 

One of the great unanswerable questions in American history centers on how our nation's social trajectory might have changed had Lincoln lived to serve his entire second term.


Compiled by Dr. Neil Gale, Ph.D.