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Were Lincoln's Aspirations for the Highest Court Thwarted by Politics?

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Were Lincoln's Aspirations for the Highest Court Thwarted by Politics? AFF Neoowslerrtte r ottf thhe Aeebra h aPmP Lieencoooln Appssoclliaeteion V ol ume 8, Numb er 3 A utumn 2006 Spr i n g f i el d, I l l i n oi s Were Lincoln’s Aspirations for the Highest Court Thwarted by Politics? By Dan Bannister the Territorial government before mind, to a nine-to-five job where he hile searching around in my 1818 and any of its statues that were spent every evening at home. He cer - mind for something original deemed “suited to our condition,” as tainly seemed to thrive on the circuit W to write about Lincoln, I part of that canopy. This self-published court practice in his earlier years when reviewed what my fairly short shallow book, Lincoln and the Illinois Supreme he was not at home for weeks at a time. study of Lincoln’s life could reveal. Court, was a much more interesting Perhaps the most pragmatic The only part of his life I had familiar - “read” in my opinion. answer to the question is there were ity with was his legal practice before This work whet my interest in the very few, if any, opportunities for a the Supreme Court of Illinois. I had Supreme Court and, as I read the Whig/Republican to be appointed to the privilege in 1992 to read, as a vol - other 90 percent of the cases in which the Supreme Court in the antebellum unteer with the Lincoln Legal Papers, Lincoln was not involved, I wondered times. Most of the appointments after the 330 or so cases in which Lincoln if Lincoln had ever lusted to be on the the first four Justices were appointed in and/or his partner at that particular Supreme Court himself. Then when 1819 went to Democrats. In 1840 time were involved. My assignment some kind person suggested I might there were five more Justices appoint - was to read each case and fill out a write an article for this publication, I ed, and since the legislature had a form with the vital details of each. At started the mind search for something Democratic majority, all of those the same time I wrote about each case original (to me, at least ) to write appointed were Democrats. In 1848 as a short story; the stories were not about, and, remembering Edgar Allen the Court was reduced to three Jus - needed by the project for publication. Poe’s Purloined Letter, I found my tices who were elected by the people. With Cullom Davis’s blessing, I self answer in the obvious place—my long- A review of the appointments to the published my first book, Lincoln and ago wondering whether Lincoln ever court in this period compared with the Illinois Supreme Court, with every wanted to be one of the Justices on the Lincoln’s own career development case presented in chronological order highest court of this state. reveals limited opportunities for his with no additional commentary. Lincoln certainly had the intelli - appointment to the Illinois Supreme The next seemingly logical step gence, compassion, and intuitive sense Court, if he had sought the job. was to sort out the most interesting to recognize the common sense of the Lincoln was admitted to the bar in cases, about 130, and to present these English common law, as well as a sin - Illinois in 1837 at the age of twenty- cases by subject matter with editorial cere desire to lend his talents to assist eight. He commenced his practice in comment. An important part of this his fellow men. Some of the reasons partnership with John Todd Stuart, was a brief history of the Supreme why he never saw a role in the state who spent about half of his time in this Court of Illinois, together with an Supreme Court as his main ambition partnership in the United States Con - explanation of its most important could have been: first, he was a very gress, so Lincoln’s on-the-job training responsibility of monitoring and proactive man who wanted to be in the depended to a large extent quite on his defending the quintessential judicial main legal action, advising and repre - own special talents. He was involved in canopy with the legislature in 1819 senting clients in the judicial arena, eight state Supreme Court cases by had created. This canopy was essential where his competitive spirit could be 1840, when the court was increased to to protect the personal and property better satisfied. Second, he seemed to nine members. Having been an attor - rights of its citizens. This protective thrive in the company of people where ney for only three years, however, he canopy was created by the state legisla - his people skills were better served. was too inexperienced to be consid - ture, which, in its first passed statute, Third, personal and financial rewards ered for membership on the court at established English common law as the were more readily won by him in the this time, even if he had the requisite civil common law of our state. The leg - active practice of law. Fourth, as sug - political-party affiliation. The 1818 islature also enacted additional legisla - gested by some psychohistory scholars, four-justice court was composed of tion that included the common law of his home life was not conducive, in his continued on page 4 2 For the People Lincoln’s Springfield The Underground Railroad Part 3 By Richard E. Hart various capacities until he went to “between Rutledge and Klein” and arts 1 and 2 of “Lincoln’s Washington as president. When Lin - “west of Gas Works.” 65 Maria Vance, Springfield: The Underground coln’s body was brought back to the Lincoln maid, was their neighbor. 66 PRailroad” focused on activity in Springfield in May 1865, Brown was In 1877 Aaron and Harriet Dyer and around what is now known as sent a telegram requesting that he moved to Lincoln, Illinois, to be near Farmingdale, Illinois, and began the come from Quincy to Springfield for their daughter and have her family’s story of Springfield’s involvement in the Lincoln funeral. He and another assistance as they grew older. Their the Underground Railroad and intro - local minister, Reverend W. C. Trevan, grandson, William, was a neighbor and duced some of the African American led Lincoln’s old family horse “Bob” childhood friend of William Maxwell, conductors. in the funeral procession. 60 who became the noted editor of the Henry Brown died at his New Yorker magazine. In a poignant Reverend Henry Brown Springfield residence on September 3, reminiscence of his boyhood days in 1906, at age eighty-three. The head - Lincoln, Maxwell described his friend African American Henry Brown line of his obituary read: “NEGRO “Billie Dyer,” and in doing so Billie’s was born in Raleigh, North Carolina, EMPLOYED BY LINCOLN DEAD . grandfather, Aaron. 67 on April 17, 1823. In 1835 he moved . Was of Massive Build and With Rev. to Ohio, and one year later to Rush W. C. Trevan Led Lincoln’s Horses in Billie Dyer’s grandfather, Aaron Dyer, was County, Indiana, where from 1837 to Martyred President’s Funeral born a slave in Richmond, Virginia, and 1843 he was a farm laborer for a Quak - Cortege.” 61 given his freedom when he turned twenty- er family. Brown was of immense phys - one. He made his way north to Springfield, ical stature, standing six feet three Aaron Dyer Illinois, because it was a station of the inches and weighing 250 pounds. Underground Railroad. In Springfield, Brown studied to become an African American Aaron Dyer was the feeling against slavery was strong; a African Methodist Episcopal Church born a slave in Richmond, Virginia, on runaway slave would be hidden sometimes preacher and was licensed to preach November 15, 1818. In 1840 at age for weeks until the owner who had traced about 1846. He then began an itiner - twenty-one, Dyer was given his free - him that far gave up and went home. Then ant ministry, walking from town to dom. He came to Springfield, Illinois, Aaron Dyer would hitch up the horse and town. He was often refused meals and in 1846. 62 Dyer “was employed by the wagon he had been provided with, and at lodging because of his race. In 1847 he underground railway. He drove his night the fugitive, covered with gunnysacks married at Paris, Illinois, and shortly horse and wagon at night, taking run - or an old horse blanket, would be driven thereafter moved to Springfield. away slaves to the next underground along some winding wagon trail that led Except for four years residence at Gale - station. When they reached through the prairie. Clop, clop, clopty na and Quincy, he lived in Springfield. Springfield, where the feeling against clop. Past farm buildings that were all dark In 1860 he lived at the northeast cor - slavery was strong, they were fairly and ominous. Fording shallow streams and ner of Tenth and Madison streets, and safe, although there were times when crossing bridges with loose wooden floor - later at 1530 East Mason Street. 58 their masters traced them there and boards that rumbled. Arousing the com - In both Quincy and Springfield then they would be kept in hiding for ment of owls. Sometime Aaron Dyer sang Brown helped runaway slaves move as long as three weeks, or until the softly to himself. Uppermost in his mind, north on the Underground Railroad. chase was given up and their masters who can doubt, was the thought of a hand On one occasion he reportedly gave returned without them.
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