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Authors: Doris Kearns Goodwin

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Frances was right. Antislavery advocates had no need to worry about her husband. For weeks, Seward had been working hard on his maiden address to the Senate, delivered on March 11, 1850. He had talked at length with Weed and rehearsed various drafts before Frances. The Capitol of the 1850s offered no private office space, so Seward wrote at home, rising early in the morning and working long past the midnight hour.

As he began his Senate oration, Seward spoke somewhat hesitantly. Reading from his manuscript without dramatic gestures, he quoted Machiavelli, Montesquieu, and the ancient philosophers in a voice so low that it seemed he was talking to himself rather than addressing the chamber and the galleries. His words were so powerful, however, that Webster was riveted; while John Calhoun, attending one of his final sessions in the chamber, was “restless at first” but “soon sat still.”

Seward began by maintaining flatly that he was opposed to compromise, “in any and all the forms in which it has been proposed.” He refused to strengthen the Fugitive Slave Law. “We are not slaveholders. We cannot…be either true Christians or real freemen,” he continued, “if we impose on another a chain that we defy all human power to fasten on ourselves.” He declared that a ban on the slave trade in the District was insufficient: slavery itself must be abolished in the capital. Finally, staunchly affirming the Wilmot Proviso, he refused to accept the introduction of slavery anywhere in the new territories.

As he moved into the second hour of his speech, his conviction gave him ease and confidence. Step by step, he laid the foundation for the “higher law” doctrine that would be forever associated with his name. Not only did the Constitution bind the American people to goals incompatible with slavery, he asserted, “but there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes. The territory is a part…of the common heritage of mankind, bestowed upon them by the Creator of the universe. We are his stewards.”

With this single speech, his first national address, Seward became the principal antislavery voice in the Senate. Tens of thousands of copies of the speech were printed and distributed throughout the North. The
New York Tribune
predicted that it would awaken the nation, that his words would “live longer, be read with a more hearty admiration, and exert a more potential and pervading influence on the National mind and character than any other speech of the Session.”

 

A
RRIVING ON THE NATIONAL SCENE
at this same dramatic moment, Chase expected to take a leading role in the fight. He, too, labored over his speech for weeks, poring through old statute books and exchanging ideas with fellow crusader Charles Sumner. The bond between Chase and Sumner would continue to grow through the years, providing both men with emotional support in the face of the condemnation they suffered due to their strong antislavery views. “I find no man so congenial to me as yourself,” Chase confided in Sumner. For his part, Sumner considered Chase “a tower of strength” whose election to the Senate would “confirm the irresolute, quicken the indolent and confound the trimmers.”

“I cannot disguise the deep interest with which I watch your movements,” Sumner wrote Chase shortly before he was to give his speech. “I count confidently upon an exposition of our cause which will toll throughout the country.” When Chase took the floor on March 26, for the first part of his five-hour address, however, Seward had already delivered the celebrated address that outlined most of the positions Chase intended to take and had instantly made the fiery New Yorker the foremost national voice among the antislavery forces.

Nor did Chase possess Seward’s compelling speaking style. If, over the years, constant practice had improved his range and delivery, he was unable to eradicate the slight lisp that remained from his boyhood days. Although his arguments were thoughtful and well reasoned, the chamber emptied long before he finished speaking. Writing home, he admitted great disappointment with the result, which was “infinitely below my own standards…and fell below those of my friends who expected much.”

“You know I am not a rousing speaker at best,” he conceded in a letter to a friend. He wanted it understood, however, that the speech was delivered “under very great disadvantages”: the first chapter of the celebrated Benton-Foote confrontation, “which so engaged the attention of everybody,” occurred on the very same day, so that “I had hardly any chance of attention, and in fact, received not much.”

Chase was referring to a dramatic argument that broke out on the Senate floor between Senator Thomas Hart Benton of Missouri and Senator Henry Foote of Mississippi. Benton had called Foote a coward, leading Foote to recall an earlier histrionic incident when Benton himself had behaved in cowardly fashion. In response to this personal attack, Benton rose from his chair and rushed forward menacingly. Foote retreated behind a desk and then drew and cocked a pistol. “I disdain to carry arms!” Benton shouted. “Let him fire!…Stand out of the way, and let the assassin fire!” The melodrama was finally brought to a peaceful close when Foote was persuaded to hand over his pistol to a fellow senator and Benton returned to his chair.

Chase’s disappointment over his failure was compounded by Sumner’s praise for Seward’s compelling maiden effort, which, Sumner told Chase, had filled him with gratitude. “Seward is with us,” Sumner exulted. “You mistake when you say ‘Seward is with us,’” Chase replied, with a heat not unmixed with resentment. While Seward “holds many of our Anti Slavery opinions,” he continued, his loyalty to the Whig Party made him untrustworthy. “I have never been able to establish much sympathy between us,” he explained in a follow-up letter. “He is too much of a politician for me.”

Over the course of the previous decade, Seward and Chase had maintained a dialogue on the most effective methods to promote the antislavery cause. Despite their divergent views on whether or not to join a third party, Chase had always held Seward in the highest esteem and looked forward to working with him on antislavery issues in the Senate.

The alteration in his attitude was likely spurred by jealousy, an emotion the introspective Chase begrudged in others yet could never subdue in himself. “I made this resolution today,” he had confided in his diary when he was twenty-three years old. “I will try to excel in all things yet if I am excelled, without fault of mine, I will not be mortified. I will not withhold from any one the praise which I think his due; nor will I allow myself to envy another’s praise or to feel jealousy when I hear him praised. May God help me to keep it.” His best intentions, however, could not assuage the invidious envy that possessed him at the realization that, given an identical opportunity, Seward had emerged the acclaimed leader of the antislavery forces. A rift developed between the two men that would last long into the Lincoln administration, with far-reaching consequences for the country.

Even as Seward basked in the applause of the antislavery community, however, he found himself excoriated in both Southern editorials and conservative papers throughout the North. “Senator Seward is against all compromise,” the
New York Herald
observed, “so are the negroes of New York…. [His] views are those of the extreme fanatics of the North, looking forward to the utter destruction of the institutions of the South.” Seward was initially untroubled by such criticism from expected sources and remained convinced he had “spoken words that will tell when I am dead.” Frances had never been prouder of her husband. When she looked at him, she told her sister, she felt almost overwhelmed by her love and respect for him.

Such elation was soon tempered by a disquieting letter from Weed, who feared that Seward had overreached when enunciating a “higher law” than the Constitution. Though Weed had seen earlier versions, he had not read the final draft. “Your speech…sent me to bed with a heavy heart,” Weed confessed to Seward. “A restless night and an anxious day have not relieved my apprehensions.” Weed’s criticism distressed Seward, who recognized that his mentor’s political instincts were usually better than his own. Indeed, the implications of Weed’s critical letter left Seward sunk in “despondency…covered with sorrow and shame,” apprehensive that he had jeopardized not only his own career but that of his mentor as well.

Seward’s status was further shaken when President Zachary Taylor, who had admitted both Weed and Seward to his inner circle, developed a fatal gastronomical illness after attending Fourth of July festivities on the grounds of the unfinished Washington Monument. Taylor’s sudden death brought Seward’s conservative rival, Millard Fillmore, into the presidency. With Fillmore in the White House, the antislavery contingent had no prospect of stopping the Compromise. Under the skillful leadership of Illinois senator Stephen Douglas, Clay’s omnibus bill was broken up into a series of separate pieces of legislation, which passed in both the House and Senate in September.

The Compromise of 1850 seemed to end the crisis. Stephen Douglas regarded the bill as a “final settlement,” urging his colleagues on both sides to “stop the debate, and drop the subject.” Upon its passage, the leading hotels in the capital were illuminated and a salute of one hundred guns was sounded. Serenaders, accompanied by a large crowd of spectators, honored Clay, Webster, and Douglas, singing “Hail Columbia” and “The Star-Spangled Banner” under the windows of their residences. “The joy of everyone seemed unbounded,” the
New York Tribune
noted. The Southern-leaning Lewis Cass exulted: “The crisis is passed—the cloud is gone.” While the nation hailed the Compromise, however, a Georgia editor warned prophetically: “The elements of that contest are yet all alive and they are destined yet to outlive the Government. There is a fued between the North and the South which may be smothered, but never overcome.”

 

I
N
S
PRINGFIELD
, tracing the unfolding drama in the newspapers, Abraham Lincoln appeared to be satisfied that a peaceful solution had been reached. While he was unhappy about the provision bolstering the Fugitive Slave Law, he understood, he later said, that “devotion to the Union rightfully inclined men to yield somewhat, in points where nothing could have so inclined them.” Rejecting Seward’s concept of a “higher law,” he preferred to rest his own opposition to slavery in the Constitution and the Declaration of Independence.

During the relative calm that followed the passage of the Compromise, Lincoln rode the legal circuit, a pursuit that proved congenial to his personality as well as his finances. He relished the convivial life he shared with the lawyers who battled one another fiercely during the day, only to gather as friends in the taverns at night. The arrival of the judge and lawyers generally created a stir in each town on their circuit. Villagers traveled from miles around, anticipating the courtroom drama as hundreds of small cases were tried, ranging from disputed wills, divorce, and bastardy proceedings to slander and libel suits, from patent challenges and collection of debts to murder and robbery.

“The local belles came in to see and be seen,” fellow circuit rider Henry Whitney recalled, “and the court house, from ‘early morn till dewy eve,’ and the tavern from dewy eve to early morn, were replete with bustle, business, energy, hilarity, novelty, irony, sarcasm, excitement and eloquence.” In some villages, the boardinghouses were clean and comfortable and the food was excellent; in others, there were “plenty of bedbugs” and the dirt was “half an inch thick.” The lawyers generally slept two to a bed, with three or four beds in a room. While most of the traveling bar regularly bemoaned the living conditions, Lincoln savored the rollicking life on the circuit.

He was singularly good at his work, earning the respect and admiration of his fellow lawyers. Several of these associates became great friends and supporters, among them Circuit Judge David Davis. In letters to his wife, Sarah, Davis spoke not only of Lincoln’s exceptional skill in addressing juries but of his “warm-hearted” nature and his “exceeding honesty & fairness.” Davis had come to Illinois from Maryland when he was twenty-one, after graduating from Kenyon College and New Haven Law School. In his late twenties he was elected to the state legislature and considered a career in politics, but his wife, whom he loved “too well to thwart her views,” was vehemently opposed. Instead, he ran for circuit judge, a position that offered the camaraderie of the circuit six months a year, yet enabled him to devote sufficient energy to business ventures that he eventually accumulated a substantial fortune.

The evolution of a warm and intimate friendship with Lincoln is evident in the judge’s letters home. The two men took lazy strolls along the river, shared accommodations in various villages, read books in common, and enjoyed long conversations on the rides from one county to the next. No lawyer on the circuit was better loved than Lincoln, a fellow lawyer recalled. “He arrogated to himself no superiority over anyone—not even the most obscure member of the bar…. He was remarkably gentle with young lawyers…. No young lawyer ever practised in the courts with Mr. Lincoln who did not in all his after life have a regard for him akin to personal affection.”

At mealtimes, all those with an interest in the various cases at hand would eat together at the same long table. Judge Davis would preside, surrounded by the lawyers, the members of the jury, the witnesses, the bailiffs, and the prisoners out on bail. Once the meal was done, everyone would gather before the blazing fire or in Judge Davis’s quarters to talk, drink, smoke, and share stories. Though Lincoln did not drink, smoke tobacco, use profane language, or engage in games of chance, he never condescended to those who did. On the contrary, when he had addressed the Springfield Temperance Society at the height of the temperance crusade, he had insisted that “such of us as have never fallen victims, have been spared more from the absence of appetite, than from any mental or moral superiority over those who have.”

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