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years declare that they never knew a lawyer who was so moderate in his charges. Though he attained great reputation in his profession, the highest fee he ever received was 5,000 dollars. His strength lay entirely in shrewd common sense, in quickly mastering all the details of a case, and in ready eloquence or debate, for he had very little lawlearning, and was averse to making researches. But his rare genius for promptly penetrating all the difficulties of a legal or political problem, which aided him so much as President, enabled him to deal with juries in a masterly manner. On one occasion, when thirty-four witnesses swore to a fact on one side, and exactly as many on the other, Mr. Lincoln proposed a very practical test to the jury-“If you were going to bet on this case," he said, "on which side would you lay a picayune?" 1

Any poor person in distress for want of legal aid could always find a zealous friend in Lincoln. On one occasion, a poor old negro woman came to him and Mr. Herndon, complaining that her son had been imprisoned at New Orleans for simply going, in his ignorance, ashore, thereby breaking a disgraceful law which then existed, forbidding free men of colour from other states to enter Louisiana. Having been condemned to pay a fine, and being without

1 Holland, p. 82. A picayune is six cents, or 3d.

The Poor Slave.

63

money, the poor man was about to be sold for a slave. Messrs. Lincoln and Herndon, finding law of no avail, ransomed the prisoner out of their own pockets. In those days, a free-born native of a Northern state could, if of African descent, be seized and sold simply for setting foot on Southern soil.

CHAPTER IV.

Rise of the Southern Party-Formation of the Abolition and the Free Soil Parties-Judge Douglas and the Kansas-Nebraska Bill-Douglas defeated by Lincoln-Lincoln resigns as Candidate for CongressLincoln's Letter on Slavery-The Bloomington Speech-The Fremont Campaign-Election of Buchanan-The Dred-Scott Decision.

THE great storm of civil war which now threatened

the American ship of State had been long brewing. Year by year the party of slave-ownerssmall in number but strong in union, and unanimously devoted to the acquisition of political power -had progressed, until they saw before them the possibility of ruling the entire continent. To please them, the nation, after purchasing, had admitted as slave territory the immense regions of Louisiana and Florida, and in their interests a war had been waged with Mexico. But, so early as 1820, the North, alarmed at the incredible progress of slavepower, and observing that wherever it was established white labour was paralysed, and that society resolved itself at once into a small aristocracy, with a large number of blacks and poor whites who were systematically degraded,1 attempted to check its territorial

1 There were no free schools in South Carolina until 1852, and it was a serious crime to teach a negro to read.

Growth of the Slave Power.

65

extension. There was a contest, which was finally settled by what was known as the Missouri Compromise, by which it was agreed that Missouri should be admitted as a slave state, but that in future all territory North and West of Missouri, above latitude 36° 30′, should be for ever free.1

While the inhabitants of the Eastern and Western States applied themselves to every development of industrial pursuits, art, and letters, the Southerners lived by agricultural slave-labour, and were entirely devoted to acquiring political power. The contest was unequal, and the result was that, before the Rebellion, the slave-holders-who, with their slaves, only constituted one-third of the population of the United States-had secured two-thirds of all the officescivil, military, or naval-and had elected two-thirds of the Presidents. Law after law was passed, giving the slave-holders every advantage, until Governor Henry A. Wise, of Virginia, declared in Congress that slavery should pour itself abroad, and have no limit but the Southern Ocean. He also asserted that the best way to meet or answer Abolition arguments was with death. His house was afterwards, during the war, used for a negro school, under care of a New England Abolitionist. Large pecuniary rewards were offered by Governors of slave states for the persons-i.e., the lives of eminent Northern anti-slavery men. Direct

E

1 Arnold, "History of Lincoln," p. 33.

efforts were made to re-establish the slave-trade between Africa and the Southern States.

In 1839 the Abolition party was formed, which advocated the total abolition of slavery. This was going too far for the mass of the North, who hoped to live at peace with the South. But still there were many in both the Whig and Democratic parties who wished to see the advance of the slave power checked; and their delegates, meeting at Buffalo in June, 1848, formed the Free Soil party, opposed to the further extension of slavery, which rapidly grew in power. The struggle became violent. When the territory acquired by war from Mexico was to be admitted to the Union in 1846, David Wilmot, of Pennsylvania, offered a proviso to the Bill accepting the territory, to the effect that slavery should be unknown in it. There was a fierce debate for two years over this proviso, which was finally rejected. The most desperate legislation was adopted to make California a slave state, and when she decided by her own will to be free, the slave-holders opposed her admission to the Union. Finally, in 1850, the celebrated Compromise Measures were adopted. These were to the effect that California should be admitted free-that in New Mexico and Utah the people should decide for themselves as to slaveryand that such of Texas as was above latitude 36° 30′ should be free. To this, however, was tacked a new

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