Abraham Lincoln and Slavery - Legal and Political

Legal and Political

Lincoln, the leader most associated with the end of slavery in the United States, came to national prominence following the advent of the Republican Party in the 1850s, which was opposed to slavery's expansion. Earlier in the Whig Party, as a member of the Illinois General Assembly, Lincoln issued a written protest of its passage of a resolution stating that slavery could not be abolished in Washington, D.C. In 1841, he won a court case (Bailey v. Cromwell), representing a black woman and her children who claimed she had already been freed and could not be sold as a slave. In 1845, he successfully defended Marvin Pond (People v. Pond) for harboring the fugitive slave John Hauley. In 1847, he lost a case (Matson v. Rutherford) representing a slave owner (Robert Matson) claiming return of fugitive slaves. While a congressman from Illinois in 1846 to 1848, Lincoln supported the Wilmot Proviso, which, if it had been adopted, would have banned slavery in any U.S. territory won from Mexico.

Lincoln had left politics until he was drawn back into it by the Kansas-Nebraska Act of 1854, which allowed territories to decide for themselves whether they would allow slavery. Lincoln was morally opposed to slavery and politically opposed to any expansion of it. On October 16, 1854, in his "Peoria Speech", Lincoln declared his opposition to slavery, which he repeated en route to the presidency. Speaking in his Kentucky accent, with a very powerful voice, 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 its just influence in the world..."

Lincoln was nominated as the Republican candidate for president in the election of 1860. Lincoln was opposed to the expansion of slavery, but held that the federal government was prevented by the Constitution from banning slavery in states where it already existed. His plan was to halt the spread of slavery, and to offer monetary compensation to slave-owners in states that agreed to end slavery (see Compensated emancipation). He was considered a moderate within his party, as there were some who wanted the immediate abolition of slavery.

In 1855, Lincoln wrote to Joshua Speed, a personal friend and slave owner in Kentucky:

You know I dislike slavery; and you fully admit the abstract wrong of it. ... I also acknowledge your rights and my obligations, under the constitution, in regard to your slaves. I confess I hate to see the poor creatures hunted down, and caught, and carried back to their stripes, and unrewarded toils; but I bite my lip and keep quiet. In 1841 you and I had together a tedious low-water trip, on a Steam Boat from Louisville to St. Louis. You may remember, as I well do, that from Louisville to the mouth of the Ohio, there were, on board, ten or a dozen slaves, shackled together with irons. That sight was a continued torment to me; and I see something like it every time I touch the Ohio, or any other slave-border. It is hardly fair for you to assume, that I have no interest in a thing which has, and continually exercises, the power of making me miserable. You ought rather to appreciate how much the great body of the Northern people do crucify their feelings, in order to maintain their loyalty to the Constitution and the Union. . . How can any one who abhors the oppression of negroes, be in favor of degrading classes of white people? Our progress in degeneracy appears to me to be pretty rapid. As a nation, we began by declaring that "all men are created equal." We now practically read it "all men are created equal, except negroes." When the Know-Nothings get control, it will read "all men are created equal, except negroes, and foreigners, and catholics." When it comes to this I should prefer emigrating to some country where they make no pretence of loving liberty— to Russia, for instance, where despotism can be take pure, and without the base alloy of hypocrisy .

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