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Back when I rode the legal circuit in Illinois
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'I suspect she has killed me. If I get over it, I will have revenge.' No one was keen to...

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Abraham Lincoln: Back when I rode the legal circuit in Illinois, I defended a woman from Metmora named Melissa Goings, 77 years-old. They said she murdered her husband, he was 83. He was choking her and she grabbed a-hold of a stick of firewood and fractured his skull and he died. In his will he wrote: 'I suspect she has killed me. If I get over it, I will have revenge.' No one was keen to see her convicted, he was that kind of husband. I asked the prosecuting attorney if I might have a short conference with my client. And she and I went into a room in the courthouse, but I alone emerged. The window in the room was found to be wide open. It was believed the old lady may have climbed out of it. I told the bailiff right before. I left her in the room she asked me where she could get a good drink of water, and I told her Tennessee. Mrs. Goings was seen no more in Metamora. Enough justice had been done; they even forgave the bondsman her bail. John Usher: I'm afraid I don't see... Abraham Lincoln: I decided that the Constitution gives me war powers, but no one knows just exactly what those powers are. Some say they don't exist. I don't know. I decided I needed them to exist to uphold my oath to protect the Constitution, which I decided meant that I could take the rebel's slaves from them as property confiscated in war. That might recommend to suspicion that I agree with the rebs that their slaves are property in the first place. Of course I don't, never have, I'm glad to see any man free, and if calling a man property, or war contraband, does the trick... Why I caught at the opportunity. Now here's where it gets truly slippery. I use the law allowing for the seizure of property in a war knowing it applies only to the property of governments and citizens of belligerent nations. But the South ain't a nation, that's why I can't negotiate with'em. If in fact the Negroes are property according to law, have I the right to take the rebels' property from 'em, if I insist they're rebels only, and not citizens of a belligerent country? And slipperier still: I maintain it ain't our actual Southern states in rebellion but only the rebels living in those states, the laws of which states remain in force. The laws of which states remain in force. That means, that since it's states' laws that determine whether Negroes can be sold as slaves, as property - the Federal government doesn't have a say in that, least not yet then Negroes in those states are slaves, hence property, hence my war powers allow me to confiscate'em as such. So I confiscated 'em. But if I'm a respecter of states' laws, how then can I legally free'em with my Proclamation, as I done, unless I'm cancelling states' laws? I felt the war demanded it; my oath demanded it; I felt right with myself; and I hoped it was legal to do it, I'm hoping still. Two years ago I proclaimed these people emancipated - "then, hence forward and forever free."But let's say the courts decide I had no authority to do it. They might well decide that. Say there's no amendment abolishing slavery. Say it's after the war, and I can no longer use my war powers to just ignore the courts' decisions, like I sometimes felt I had to do. Might those people I freed be ordered back into slavery? That's why I'd like to get the Thirteenth Amendment through the House, and on its way to ratification by the states, wrap the whole slavery thing up, forever and aye. As soon as I'm able. Now. End of this month. And I'd like you to stand behind me. Like my cabinet's most always done.


Transcript

Back when I rode the legal circuit in Illinois, I defended a woman from Metamora named Melissa Goings. Seventy-seven years old. They said she'd murdered her husband. He was 83. He was choking her and she grabbed a hold of a stick of firewood and fractured his skull and he died. In his will, he wrote, "I expect she has killed me." "If I get over it, I will have revenge." No one was keen to see her convicted, he was that kind of husband. I asked the prosecuting attorney if I might have a short conference with my client. She and I went into a room in the courthouse, but I alone emerged. The window in the room was found to be wide open. It was believed the old lady may have climbed out of it. I told the bailiff, right before I left her in the room she asked me where she could get a good drink of water, and I told her, Tennessee. Mrs. Goings was seen no more in Metamora. Enough justice had been done. They even forgave the bondsman her bail. I'm afraid I don't see... I decided that the Constitution gives me war powers but no one knows just exactly what those powers are. Some say they don't exist. I don't know. I decided I needed them to exist to uphold my oath to protect the Constitution. Which I decided meant I could take the Rebels' slaves from them as property confiscated in war. That might recommend to suspicion that I agree with the Rebs that their slaves are property in the first place. Of course, I don't. Never have. I'm glad to see any man free, and if calling a man property or war contraband does the trick, why I caught at the opportunity. Now here's where it gets truly slippery. I use the law allowing for the seizure of property in a war knowing it applies only to the property of governments and citizens of belligerent nations. Well, the South ain't a nation. That's why I can't negotiate with them. So if, in fact, the Negroes are property, according to the law, have I the right to take the Rebels' property from them, if I insist they're rebels only and not citizens of a belligerent country? And slipperier still, I maintain it ain't our actual Southern states in rebellion but only the rebels living in those states, the laws of which states remain in force. "The laws of which states remain in force." That means that since it's states' laws that determine whether Negroes can be sold as slaves, as property, the federal government doesn't have a say in that. At least not yet. Then Negroes in those states are slaves, hence property, hence my war powers allow me to confiscate them as such, so I confiscate them. But if I'm a respecter of states' laws, how then can I legally free them with my Proclamation as I done? Unless I'm canceling states' laws? I felt the war demanded it. My oath demanded it. I felt right with myself, and I hoped it was legal to do it. I'm hoping still. Two years ago, I proclaimed these people emancipated. "Then, thenceforward and forever free." Now let's say the courts decide I had no authority to do it. They might well decide that. Say there's no amendment abolishing slavery, say it's after the war and I can no longer use my war powers to just ignore the courts' decisions like I sometimes felt I had to do. Might those people I freed be ordered back into slavery? That's why I'd like to get the 13th Amendment through the House, on its way to ratification by the states. Wrap the whole slavery thing up, forever and aye, as soon as I'm able. Now! End of this month. And I'd like you to stand behind me like my Cabinet's most always done. As the preacher said, "I could write shorter sermons," "but once I start, I get too lazy to stop." It seems to me, sir, you're describing precisely the sort of dictator the Democrats have been howling about. Dictators aren't susceptible to law. Neither is he. He just said as much. Ignoring the courts? Twisting meanings? What reins him in from... From... Well, the people do that, I suppose. I signed the Emancipation Proclamation, what, a year and a half before my second election? I felt I was within my power to do it, however, I also felt that I might be wrong about that. I knew the people would tell me. I gave them a year and a half to think about it, and they re-elected me. And come February the first, I intend to sign the 13th Amendment! Well, Mr. Representative Ashley. Tell us the news from the Hill. Well, the news... Why, for instance, is this thus, and what is the reason for this thusness? James, we want you to bring the anti-slavery amendment to the floor for debate, - immediately. - Excuse me, what? You are the amendment's manager, are you not? I am, of course, but... Then we're counting on robust radical support so tell Mr. Stevens we expect him to put his back into it. It's not going to be easy, but... It's impossible. No. I am sorry, no. We can't organize anything immediately in the House. I have been canvassing the Democrats since the election, in case any of them have softened after they got walloped, but they have stiffened, if anything, Mr. Secretary. There aren't nearly enough votes. We're whalers, Mr. Ashley. Whalers? As in... Whales? We've been chasing this whale for a long time. And we finally placed a harpoon in the monster's back. It's in, James. It's in. We finish the deed now. We can't wait. Or with one flop of his tail, he'll smash the boat and send us all to eternity. On the 31 st of this month, of this year, put the amendment up for a vote. Whalers? That's what he said. The man's never been near a whale ship in his life. Withdraw radical support. Force him to abandon this scheme, whatever he's up to. He drags his feet about everything, Lincoln... Why this urgency? We got it through the Senate without difficulty because we had the numbers. Come December, you'll have the same in the House. The amendment will be the easy work of 10 minutes. He's using the threat of the amendment to frighten the Rebels into an immediate surrender. I imagine we'd rejoice to see that. Will you rejoice when the Southern states have rejoined the Union pell-mell, as Lincoln intends them to, and one by one, each refuses to ratify the amendment? If we pass it, which we won't. Why are we cooperating with him? We all know what he's doing and we all know what he'll do. We can't offer up abolition's best legal prayer to his games and tricks. He said he'd welcome the South back with all its slaves in chains. Three years ago he said that, to calm the border states. I don't! You said we all know what he'll do. I don't know. You know he isn't to be trusted. Trust? I'm sorry, I was under the misapprehension that your chosen profession was politics. I never trusted the President, never trusted anyone, but hasn't he surprised you? No, Mr. Stevens, he hasn't. Nothing surprises you, Asa, therefore nothing about you is surprising. Perhaps that is why your constituents did not re-elect you to the coming term. It's late. I'm old. I'm going home. Lincoln, the inveterate dawdler. Lincoln, the Southerner. Lincoln, the capitulating compromiser, our adversary, and leader of the godforsaken Republican party. Our party. Abraham Lincoln has asked us to work with him to accomplish the death of slavery in America. Retain, even in opposition your capacity for astonishment. The President is never to be mentioned. Nor I. You're paid for your discretion. Hell, you can have that for nothing. What we need money for is bribes, to speed things up. No, nothing strictly illegal. It's not illegal to bribe Congressmen, they'd starve otherwise. I have explained to Mr. Bilbo and Mr. Latham that we are offering patronage jobs to the Dems who vote yes. - Jobs and nothing more. - That's correct. Congressmen come cheap. Few thousand bucks will buy you all you need. The President would be unhappy to hear you did that. Will he be unhappy if we lose? The money I managed to raise for this endeavor is only for your fees, your food and lodging. If that squirrel-infested attic you've quartered us in is any measure, you ain't raised much. Shall we get to work? The House recognizes Fernando Wood, the honorable Representative from New York. Estimable colleagues. Two bloody years ago this month His Highness, King Abraham Africanus the First, our great usurping Caesar, violator of habeas corpus and freedom of the press, abuser of states' rights... If Lincoln really were a tyrant, Mr. Wood, he'd have had your empty head impaled on a pike! And the country better for it! Radical Republican autocrat, ruling by fiat and martial law, affixed his name to his heinous and illicit Emancipation Proclamation promising it would hasten the end of the war, which yet rages on and on. He claimed, as tyrants do that the war's emergencies permitted him to turn our army into...

Clip duration: 669 seconds
Views: 542
Timestamp in movie: 00h 00m 00s
Uploaded: 12 December, 2020
Genres: biography, drama, history
Summary: As the American Civil War continues to rage, America's president struggles with continuing carnage on the battlefield as he fights with many inside his own cabinet on the decision to emancipate the slaves.


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