Details
[LINCOLN, ABRAHAM]. BATES, EDWARD, Attorney General under Lincoln. Letter signed in full to Joseph H. Barrett, St Louis, Missouri, 8 March 1860. 4 pages, 4to, on blue lined paper, remnants of hinge mount.
WRITTEN ONLY TWO MONTHS BEFORE THE REPUBLICAN PARTY CONVENTION WHICH NOMINATED ABRAHAM LINCOLN, ENTIRELY ON THE ISSUE OF SLAVERY AND THE IMPLICATIONS OF THE DRED SCOTT DECISION. BATES, WRITING TO A DELEGATE TO THE REPUBLICAN CONVENTION AT CHICAGO, ELABORATES IN VERY SPECIFIC TERMS HIS POLICIES ON THE QUESTIONS OF "THE EXTENSION OF NEGRO SLAVERY INTO FREE TERRITORY...THE DRED SCOTT CASE...WHETHER THE CONSTITUTION...DOES OR DOES NOT CARRY SLAVERY INTO ALL THE TERRITORIES...[AND] THE NEW STATE OF KANZAS [SIC]. BATES REPLIES AT LENGTH: "IN MY OPINION, SLAVERY IS A 'DOMESTIC RELATION' BELONGING TO & ONLY TO THE SEVERAL STATES WHERE IT EXISTS BY LAW. THE NATION IS UNDER NO LEGAL OBLIGATION TO PROPOGATE OR EXTEND IT; THE GOVERNMENT...OUGHT NOT TO PLANT IT IN ANY FREE TERRITORY...." THE DRED SCOTT CASE, HE WRITES, DETERMINED ONLY THE LEGAL POINT "THAT SCOTT..., BEING A NEGRO COULD NOT BE A CITIZEN OF MISSOURI & THEREFORE COULD NOT BRING THE ACTION IN THE FEDERAL COURT....WHATEVER...ANY OF THE LEARNED JUDGES MAY HAVE SAID ABOUT THE SUPPOSED UNCONSTITUTIONALITY OF THE MISSOURI COMPROMISE ACT, I CONSIDER OUTSIDE THE CASE....." CONCERNING THE CONSTITUTIONAL ISSUES, BATES MAINTAINS THAT "THE CONSTITUTION ...DOES NOT CARRY SLAVERY INTO THE TERRITORIES. WITHIN & OVER THE STATES IT IS THE SUPREME LAW...." IN REGARD TO KANSAS, HE CONTENDS THAT "THE NEW STATE...OUGHT TO BE ADMITTED WITHOUT DELAY," AND IN CLOSING, HE ASSERTS THAT THE OPINIONS STATED HERE ARE NOT NEW TO HIM, MERELY "VERY OLD OPINIONS OF LONG STANDING." FROM THE COLLECTION OF THE ELSIE O. AND PHILIP D. SANG FOUNDATION (SALE, SOTHEBY PARKE BERNET, 4 DECEMBER 1981, LOT 1062).
BATES (1793-1869) BORN IN VIRGINIA, WAS A LEADER OF THE WHIG PARTY IN MISSOURI BEFORE JOINING THE REPOUBLICAN PARTY. HE WAS APPOINTED ATTORNEY GENERAL BY LINCOLN ON 5 MARCH L86L AND SERVED UNTIL 24 NOVEMBER 1864.
WRITTEN ONLY TWO MONTHS BEFORE THE REPUBLICAN PARTY CONVENTION WHICH NOMINATED ABRAHAM LINCOLN, ENTIRELY ON THE ISSUE OF SLAVERY AND THE IMPLICATIONS OF THE DRED SCOTT DECISION. BATES, WRITING TO A DELEGATE TO THE REPUBLICAN CONVENTION AT CHICAGO, ELABORATES IN VERY SPECIFIC TERMS HIS POLICIES ON THE QUESTIONS OF "THE EXTENSION OF NEGRO SLAVERY INTO FREE TERRITORY...THE DRED SCOTT CASE...WHETHER THE CONSTITUTION...DOES OR DOES NOT CARRY SLAVERY INTO ALL THE TERRITORIES...[AND] THE NEW STATE OF KANZAS [SIC]. BATES REPLIES AT LENGTH: "IN MY OPINION, SLAVERY IS A 'DOMESTIC RELATION' BELONGING TO & ONLY TO THE SEVERAL STATES WHERE IT EXISTS BY LAW. THE NATION IS UNDER NO LEGAL OBLIGATION TO PROPOGATE OR EXTEND IT; THE GOVERNMENT...OUGHT NOT TO PLANT IT IN ANY FREE TERRITORY...." THE DRED SCOTT CASE, HE WRITES, DETERMINED ONLY THE LEGAL POINT "THAT SCOTT..., BEING A NEGRO COULD NOT BE A CITIZEN OF MISSOURI & THEREFORE COULD NOT BRING THE ACTION IN THE FEDERAL COURT....WHATEVER...ANY OF THE LEARNED JUDGES MAY HAVE SAID ABOUT THE SUPPOSED UNCONSTITUTIONALITY OF THE MISSOURI COMPROMISE ACT, I CONSIDER OUTSIDE THE CASE....." CONCERNING THE CONSTITUTIONAL ISSUES, BATES MAINTAINS THAT "THE CONSTITUTION ...DOES NOT CARRY SLAVERY INTO THE TERRITORIES. WITHIN & OVER THE STATES IT IS THE SUPREME LAW...." IN REGARD TO KANSAS, HE CONTENDS THAT "THE NEW STATE...OUGHT TO BE ADMITTED WITHOUT DELAY," AND IN CLOSING, HE ASSERTS THAT THE OPINIONS STATED HERE ARE NOT NEW TO HIM, MERELY "VERY OLD OPINIONS OF LONG STANDING." FROM THE COLLECTION OF THE ELSIE O. AND PHILIP D. SANG FOUNDATION (SALE, SOTHEBY PARKE BERNET, 4 DECEMBER 1981, LOT 1062).
BATES (1793-1869) BORN IN VIRGINIA, WAS A LEADER OF THE WHIG PARTY IN MISSOURI BEFORE JOINING THE REPOUBLICAN PARTY. HE WAS APPOINTED ATTORNEY GENERAL BY LINCOLN ON 5 MARCH L86L AND SERVED UNTIL 24 NOVEMBER 1864.