Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer
KOPEL (1117–1192).DOCX (DO NOT DELETE) 5/2/16 4:20 PM Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer David B. Kopel* This Article provides the first legal biography of lawyer and Senator Lyman Trumbull, one of the most important lawyers and politicians of the nineteenth century. Early in his career, as the leading anti-slavery lawyer in Illinois in the 1830s, he won the cases constricting and then abolishing slavery in that state; six decades later, Trumbull represented imprisoned labor leader Eugene Debs in the Supreme Court, and wrote the Populist Party platform. In between, Trumbull helped found the Republican Party, and served three U.S. Senate terms, chairing the judiciary committee. One of the greatest leaders of America’s “Second Founding,” Trumbull wrote the Thirteenth Amendment, the Civil Rights Act, and the Freedmen’s Bureau Act. The latter two were expressly intended to protect the Second Amendment rights of former slaves. Another Trumbull law, the Second Confiscation Act, was the first federal statute to providing for arming freedmen. After leaving the Senate, Trumbull continued his fight for arms rights for workingmen, bringing Presser v. Illinois to the U.S. Supreme Court in 1886, and Dunne v. Illinois to the Illinois Supreme Court in 1879. His 1894 Populist Party platform was a fiery affirmation of Second Amendment principles. In the decades following the end of President James Madison’s Administration in 1817, no American lawyer or legislator did as much as Trumbull in defense of Second Amendment.
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