Celebrate Abraham Lincoln’s Bicentennial

“Lincoln, Miami and the American Dream”

Miami-Dade County Public Schools Curriculum and Instruction

Division of Social Sciences and Life Skills

THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA

Dr. Solomon C. Stinson, Chair

Dr. Marta Pérez, Vice Chair

Mr. Agustin J. Barrera

Mr. Renier Diaz de la Portilla

Dr. Lawrence S. Feldman

Ms. Perla Tabares Hantman

Dr. Wilbert “Tee” Holloway

Dr. Martin Karp

Ms. Ana Rivas Logan

Ms. Eboni Finley Student Advisor

Alberto M. Carvalho Superintendent of Schools

Ms. Milagros R. Fornell Associate Superintendent Curriculum and Instruction

Dr. Maria P. de Armas Assistant Superintendent

Curriculum and Instruction, K-12 Core Curriculum

Mr. John R. Doyle Administrative Director

Division of Social Sciences and Life Skills

Celebrate Abraham Lincoln’s Bicentennial

Contents:

Background Information and Biographies of Abraham Lincoln o Teacher Background Reading o Biographies for Elementary and Secondary Teachers and Students

Lessons and Activities o Prekindergarten o Elementary School o Middle School o Senior High School

Essay Contest o Theme and Overview o Writing Prompt and Grade level Instructions o Timeline

Appendices o First Inaugural Address (excerpt) o Letter to General Winfield Scott ―Prevent their Action‖ o Letter to General Winfield Scott ―Writ of Habeas Corpus‖ o Ex Parte Merryman o Lincoln/Obama Inauguration Coincidence Article o Character Frame (Pre-Writing Organizer) o Primary Writing Rubric o Florida Writes! 4th Grade Writing Rubric o Florida Writes! 8th Grade Writing Rubric o Florida Writes! 10th Grade Writing Rubric o Participation Reporting Form for the Lincoln Bicentennial Essay Contest

President Abraham Lincoln

FOR THE TEACHER

ABRAHAM LINCOLN, sixteenth President of the United States, was born in Hardin county, Kentucky, Feb. 12, 1809. His ancestors were Quakers in Berks County, Pa. His parents, born in Virginia, emigrated to Kentucky, and in 1816 went to Indiana. Having had about one year's schooling in the aggregate, Lincoln went as a hired hand on a flat-boat to New Orleans when he was nineteen years of age. He made himself so useful to his employer that he gave him charge as clerk of a store and mill at New Salem, Illinois. He commanded a company in the Black Hawk War. Appointed postmaster at Salem, he began to study law, was admitted to practice in 1836, and began his career as a lawyer at Springfield, Illinois. He rose rapidly in his profession, became a leader of the Whig party in Illinois, and was a popular though homely speaker at political meetings.

He was elected to Congress in 1847, and was there distinguished for his outspoken anti-slavery views. In 1858 he was a candidate for United States Senator. His opponent, Judge Douglas, won the prize from the legislature, though Mr. Lincoln received 4,000 more votes of the people than his opponent. In 1860 and 1864, he was elected President of the United States. Ordinances of secession and the beginning of civil war followed his first election. He conducted the affairs of the nation with great wisdom through the four years of the Civil War, and just as it closed was assassinated at the national capital, dying April 15, 1865.

The President-Elects Journey to the Capital

The President-elect left his home in Springfield. Ill., Feb. 11, 1861, for Washington, D. C., accompanied by a few personal and political friends. To the

crowd at the railway station, evidently impressed with the solemn responsibility laid on him, he said:

―A duty devolves on me which is, perhaps, greater than that which has devolved upon any man since that of Washington. He never could have succeeded except for the aid of Divine Providence, upon which he at all times relied. I feel that I cannot succeed without the same divine aid which sustained him, and on the same Almighty Being I place my reliance for support; and I hope you, my friends, will all pray that I may receive that divine assistance without which I cannot succeed, but with which success is certain." The journey then undertaken was performed at about the same time that Jefferson Davis, the elected President of the Southern Confederacy, was on his way from his home to the capital of the Confederacy.

Lincoln made a long journey of hundreds of miles through Illinois, Indiana, Ohio, New York, New Jersey, Pennsylvania, Delaware, and Maryland. Everywhere, he was greeted with demonstrations of profound respect, and spoke to the crowds who came out to see him with words full of cheerfulness, kindness, forbearance, and tenderness. Common prudence counseled him to say little or nothing on the grave affairs of state, but occasionally words would drop from his lips that clearly indicated his views and intentions. He often alluded to the condition of the country. "It is my intention," he said at Pittsburgh, "to give this subject all the consideration I possibly can before specially deciding in regard to it, so that when I do speak I may be as nearly right as possible. I hope I may say nothing in opposition to the spirit of the Constitution, contrary to the integrity of the Union, or which will prove inimical to the liberties of the people or the peace of the whole country." At the Astor House, in New York, he said to a multitude who greeted him: "When the time does come for me to speak, I shall then take the ground that I think is right—right for the North, for the South, for the East, for the West, and for the whole country" Mr. Lincoln was received by the municipal authorities of New York City at the City Hall, where Mayor Wood, who had recently set forth the advantages that the commercial mart would derive from its secession from all government, admonished the President-elect that it was his duty "to so conduct public affairs as to preserve the Union." Mr. Lincoln arrived in Philadelphia Feb. 21, where he was informed of a plan in Baltimore to assassinate him, on his way through that city to Washington.

On the following morning (Washington's birthday) he hoisted the national flag, with his own hands, over the old State-house, in the presence of a vast multitude of citizens. In his speech on that occasion he referred to the Declaration of Independence, adopted and signed in that building, and said that it was the sentiment of perfect freedom to all contained in that document which had kept the Union together so long, and promised the same blessing, in due time, to all men. "If this country," he said, "cannot be saved by this principle, I was about to say I would rather be assassinated on this spot than surrender it. I have said nothing but what I am willing to live by, and, if it be the pleasure of Almighty God, die by." His friends believed his life would be in danger if he carried out the

prescribed plan of his journey to visit Harrisburg, and thence direct through Baltimore to Washington.

But he persisted in keeping his engagement, and went on to Harrisburg. Meanwhile revelations had been made that convinced his friends that he would be assassinated if the whole plan should be carried out and he was persuaded to go back to Philadelphia that night, and so on to Washington, instead of waiting until the next day. He passed through Baltimore unobserved, and arrived in Washington early on the morning of Feb. 26.

The 1861 Lincoln Assassination Plot

His movements at that time gave currency to many absurd and untruthful stories. Mr. Lincoln gave, orally, to the late Benson J. Lossing, early in December, substantially the following narrative of the affair: "I arrived at Philadelphia on the 21st. I agreed to stop overnight, and on the following morning hoist the flag over Independence Hall. In the evening there was a great crowd where I received my friends, at the Continental Hotel. Mr. Judd, a warm personal friend from Chicago, sent for me to come to his room. I went, and found there Mr. Pinkerton, a skilful police detective, also from Chicago, who had been employed for some days in Baltimore watching or searching for suspicious persons there. Pinkerton informed me that a plan had been laid for my assassination, the exact time when I expected to go through Baltimore being publicly known. He was well informed as to the plan, but did not know that the conspirators would have pluck enough to execute it. He urged me to go right through with him to Washington that night. I didn't like that. I had made engagements to visit Harrisburg and go from there to Baltimore, and I resolved to do so. I could not believe that there was a plot to murder me. I made arrangements, however, with Mr. Judd for my return to Philadelphia the next night, if I should be convinced that there was danger in going through Baltimore. I told him that if I should meet at Harrisburg, as I had at other places, a delegation to go with me to the next place (then Baltimore), I should feel safe and go on. When I was making my way back to my room, through crowds of people, I met Frederick Seward. We went together to my room, when he told me that he had been sent, at the instance of his father and General Scott, to inform me that their detectives in Baltimore had discovered a plot there to assassinate me. They knew nothing of Pinkerton's movements. I now believed such a plot to be in existence. The next morning I raised the flag over Independence Hall, and then went on to Harrisburg with Mr. Sumner, Major (now General) Hunter, Mr. Judd, Mr. Lamon, and others. There I met the legislature and people, dined, and waited until the time appointed for me to leave (six o'clock in the evening). In the mean time Mr. Judd had so secured the telegraph that no communication could pass to Baltimore and give the conspirators knowledge of a change in my plans. In New York some friend had given me a new beaver hat, in a box, and in it had placed a soft wool hat. I had never worn one of the latter in my life. I had this box in my room. Having informed a very few friends of the secret of my new movements, and the cause, I put on an old overcoat that I had with me, and, putting the soft hat in my pocket, I walked out of the house at a back door, bareheaded, without exciting any special

curiosity. Then I put on the soft hat and joined my friends without being recognized by strangers, for I was not the same man. Sumner and Hunter wished to accompany me. I said, "No; you are known, and your presence might betray me. I will only take Lamon [afterwards marshal of the District of Columbia, whom nobody knew] and Mr. Judd." Sumner and Hunter felt hurt. We went back to Philadelphia, and found a message there from Pinkerton [who had returned to Baltimore] that the conspirators had held their final meeting that evening, and it was doubtful whether they had nerve enough to attempt the execution of their purpose.

The Gettysburg Address

At the dedication of the National Cemetery on the Gettysburg battlefield, Nov. 19, 1863, Mr. Lincoln delivered his immortal speech, which is presented below:

"Fourscore and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field as a final resting-place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember, what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us, that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion, that we here highly resolve that these dead shall not have died in vain, that this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth."

Lincoln's Re-election

In the administration party were men who deprecated the cautious policy of Mr. Lincoln and were opposed to his re-election. They held a nominating convention at Cleveland, 0hio, May 31, 1864. It was composed of about 350 persons, very few of whom were regularly chosen delegates. They were called "the radical men of the nation." They adopted a "platform of principles," consisting of thirteen resolutions, among which was one proposing an amendment to the Constitution to prevent the re-establishment of slavery; another declaring the wisdom of the MONROE DOCTRINE; a third asserting the policy of restricting the incumbency of the Presidential office to one term; a fourth recommending the election of President directly by the people; a fifth proposing to commit the business of "re-construction" to the people; and a sixth enjoining the duty of confiscating the

property of the Confederates and giving it to the Union soldiers and actual settlers. They nominated General John C. Fremont for President, and General John Cochrane for Vice-President. These nominees afterwards withdrew. The Union National Convention assembled at Baltimore June 7, wherein all the States and Territories were represented by delegates, excepting those in the Confederacy. Their "platform of principles" was equally strong in support of national honor, national freedom, the emancipation of the slaves and the perpetuation of their freedom, the Monroe Doctrine, etc. It was the regular Republican Convention. It endorsed the acts of the administration, and nominated Abraham Lincoln for President and Andrew Johnson for Vice-President.

The Democratic National Convention met at Chicago, Aug. 20. Horatio Seymour of New York, was its chairman, and in his opening address on taking the chair, he expressed sentiments of extreme hostility to the policy of the administration, and condemnatory of the war for the preservation of the union. They adopted a "platform of principles." composed of six resolutions. It declared the fidelity of the Democratic party to the Union; that the war was a failure, and that "humanity, liberty, and the public welfare "demanded its immediate cessation; that the government, through its military power, had interfered with elections in four of the late slave-labor States, and was, consequently, guilty of revolutionary action, which should be resisted; that the government had been guilty of unwarrantable usurpations (which were specified), and also been guilty of a shameful disregard of duty respecting the exchange of prisoners and the relief of its suffering captives. The resolutions closed with an assurance that the Democratic party extended its sympathy to the Union soldiers, and that, in the event of their obtaining power, the soldiers should receive all the care and protection and kindness which they deserved. General George B. McClellan, who had been relieved from military duty about twenty months before, was nominated for President, and George Pendleton, of Ohio, for Vice-President. The opposing parties carried on the canvass with great vigor during the autumn. The real practical issue was expressed in two words - Union and Disunion. Mr. Lincoln was reelected by an unprecedented majority in the Electoral College. His opponent—General McClellan—received the votes only of the two late slave-labor States of Delaware and Kentucky and the State of New Jersey. The soldiers in the army gave 121,000 votes for Lincoln and 35,050 for McClellan, or three to one in favor of the former. They did not regard the war in which they were struggling as a "failure." The freedmen rejoiced at the result, for they regarded it as the seal of their sure deliverance, for there was a wonderful power slumbering behind that vote.

In his second term, Lincoln oversaw the successful prosecution of the war, and saw the fruits of his labor - preservation of the Union and the elimination of slavery.

Abraham Lincoln was assassinated on April 14, 1865. Source: www.sonofthesouth.net/slavery/abraham-lincoln/abraham-lincoln-biography.htm

Elementary Level – Teacher/Student Resource and Background

ABRAHAM LINCOLN Sixteenth President of the United States

Born in 1809 - Died in 1865

Abraham Lincoln was born in a log cabin in Kentucky to Thomas and Nancy Lincoln. The family moved to Indiana and 8 year old Abe helped his father build another log house. A year later his mother died and the house was very empty. His father remarried and in addition to his sister Sarah, who was 3 years older, there were now 3 more children in the family.

Lincoln had less than a year of schooling. Books were scarce and so was paper. He worked his arithmetic problems on a board and cleaned the board with a knife so he could use it again.

The family owned a Bible and he spent many hours reading it. He would copy parts of it in order to memorize it. Sometimes he would walk for miles to borrow a book. One of his favorite books was "The Life of George Washington.‖ By the time he was 17, he knew he wanted to be a lawyer. He would walk 17 miles to the county courthouse in order to watch the lawyers work. He sat in the back of the courtroom and watched them as they argued their cases. Then he would go home and think about what he had seen and heard. In 1830, when Lincoln was 21 years old, he moved to Illinois and spent a year working on a farm. It is said that he and his fellow laborer split 3,000 fence rails during that year. He also managed a flat-boat on the Ohio River. Every time he got a new job he would try to work on a skill which would help him when he became a lawyer. When he was a shopkeeper, he was honest and fair. Once he shortchanged a woman by 6 cents, and he followed her home so he could give the money back to her.

When he was a postmaster, he tried to learn how to get along with people well. When he was a surveyor, a person who measured boundaries of land, he tried to always be accurate in his measurements.

He still wanted to be a lawyer. He would go without sleep in order to study. He would borrow books from a neighbor in the evening, read them by the light of the fireplace, and take them back in the morning. In 1836, he passed the test and became a lawyer.

It was during this time that he was he was elected to the Illinois legislature. He became good at debating and public speaking. He had many debates with John Calhoun regarding the tariff question. (A tariff is a tax on goods and products coming into a country.) They spoke before large audiences, sometimes for as long as four hours.

Lincoln and Stephen A. Douglas also participated in several debates concerning the question of slavery. They had a previous encounter at the State Fair in Springfield, Illinois. Lincoln would lose the senate race, but would eventually win over Douglas and others in the 1860 presidential election.

Once, a woman wrote an article containing some ridiculing remarks about General James Shields. The editor spoke to Lincoln about it and Lincoln said, "Tell him I wrote it." That's what he did and Shields challenged Lincoln to a duel with Lincoln's choice of weapons. On the appointed day, Lincoln arrived with a sword in one hand and a hatchet in the other. A man, John J. Hardin, stopped the fight before it started. The event possibly changed the course of the nation's history.

He was inaugurated president in March of 1861. Five weeks later, the Civil War began. It was a fight about more than slavery. States rights and economic issues were equally important to citizens in both the Northern and Southern states.

Lincoln wanted the United States to remain one nation. It was in danger of being divided into two nations: the Union and the Confederacy.

In his 1860 inaugural address, he said: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the states where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Two years later, President Lincoln wrote: "My paramount object in this struggle is to save the Union, and is not either to save or to destroy slavery. If I could save the Union without freeing any slave I would do it; and if I could save it by freeing some and leaving others alone I would also do that. What I do about slavery, and the colored race, I do because I believe it helps to save the Union (Letter to Horace Greeley, August 22, 1862)."

He quoted from the Bible," A house divided against itself cannot stand." He was able to realize both of his goals. In 1863, he issued the Emancipation Proclamation freeing the slaves in the Southern states, and the country was able to remain a united nation. Eventually, all the slaves in the United States became free. On April 14, 1865 President Lincoln and Mrs. Lincoln were attending a play at Ford's Theater in Washington D.C. While there, he was assassinated by John Wilkes Booth, an actor with extremist views concerning politics and slavery. There had been a conspiracy by Booth and his cohorts to not only kill the president, but also William Henry Seward and Andrew Johnson, the Vice-President of the United States. The attack on Seward failed and the one on Johnson was never carried out. The president, after being shot, was carried to a house across the street from the theater and died nine hours later. Booth was killed by one of the men trying to apprehend him.

This biographical information was adapted from http://gardenofpraise.com/ibdlinco.htm

Secondary Level – Teacher/Student Resource and Background

Abraham Lincoln Biography

a/k/a Honest Abe, the Rail-Splitter, or the Great Emancipator (1809–1865)

(born February 12, 1809, near Hodgenville, Kentucky, U.S.—died April 15, 1865, Washington, D.C.)

Abraham Lincoln was the 16th President of the United States (1861–65), who preserved the Union during the American Civil War and brought about the emancipation of the slaves.

Among American heroes, Lincoln continues to have a unique appeal for his fellow countrymen and also for people of other lands. This charm derives from his remarkable life story—the rise from humble origins, the dramatic death—and from his distinctively human and humane personality as well as from his historical role as savior of the Union and emancipator of the slaves. His relevance endures and grows, especially because of his eloquence as a spokesman for democracy. In his view, the Union was worth saving not only for its own sake but because it embodied an ideal, the ideal of self-government. In recent years, the political sides to Lincoln‘s character and his racial views in particular, have come under close scrutiny, as scholars continue to find him a rich subject for research. The Lincoln Memorial in Washington, D.C., was dedicated to him on May 30, 1922.

Life

Born in a backwoods cabin 3 miles (5 km) south of Hodgenville, Kentucky, Lincoln was two years old when he was taken to a farm in the neighboring valley of Knob Creek. His earliest memories were of this home and, in particular, of a flash flood that once washed away the corn and pumpkin seeds he had helped his father plant. His father, Thomas Lincoln, was the descendant of a weaver's apprentice who had immigrated from England to Massachusetts in 1637. Though much less prosperous than some of his Lincoln forebears, Thomas was a sturdy pioneer. On June 12, 1806, he married Nancy Hanks. The Hanks genealogy is

difficult to trace, but Nancy appears to have been of illegitimate birth. She has been described as ―stoop-shouldered, thin-breasted, sad,‖ and fervently religious. Thomas and Nancy Lincoln had three children: Sarah, Abraham, and Thomas, who died in infancy.

Childhood and Youth

In December 1816, faced with a lawsuit challenging the title to his Kentucky farm, Thomas Lincoln moved with his family to southwestern Indiana. There, as a squatter on public land, he hastily put up a ―half-faced camp‖—a crude structure of logs and boughs with one side open to the weather—in which the family took shelter behind a blazing fire. Soon he built a permanent cabin, and later he bought the land on which it stood. Abraham helped to clear the fields and to take care of the crops but early acquired a dislike for hunting and fishing. Later, he recalled the ―panther's scream,‖ the bears that ―preyed on the swine,‖ and the poverty of Indiana frontier life, which was ―pretty pinching at times.‖ The unhappiest period of his boyhood followed the death of his mother in the autumn of 1818. As a ragged nine-year-old, he saw her buried in the forest, then faced a winter without the warmth of a mother's love. Fortunately, before the onset of a second winter, Thomas Lincoln brought home from Kentucky a new wife for himself, a new mother for the children. Sarah Bush Johnston Lincoln, a widow with two girls and a boy of her own, had energy and affection to spare. She ran the household with an even hand, treating both sets of children as if she had borne them all; but she became especially fond of Abraham, and he of her. He afterward referred to her as his ―angel mother.‖

His stepmother doubtless encouraged Lincoln's taste for reading, yet the original source of his desire to learn remains something of a mystery. Both his parents were almost completely illiterate, and he himself received little formal education. He once said that, as a boy, he had gone to school ―by littles‖—a little now and a little then—and his entire schooling amounted to no more than one year's attendance. His neighbors later recalled how he used to trudge for miles to borrow a book. According to his own statement, however, his early surroundings provided ―absolutely nothing to excite ambition for education. Of course, when I came of age I did not know much. Still, somehow, I could read, write, and cipher to the rule of three; but that was all.‖ Apparently the young Lincoln did not read a large number of books but thoroughly absorbed the few that he did read. These included Parson Weems's Life and Memorable Actions of George Washington (with its story of the little hatchet and the cherry tree), Daniel Defoe's Robinson Crusoe, John Bunyan's Pilgrim's Progress, and Aesop's Fables. From his earliest days he must have had some familiarity with the Bible, for it doubtless was the only book his family owned.

In March 1830, the Lincoln family undertook a second migration, this time to Illinois, with Lincoln himself driving the team of oxen. Having just reached the age of 21, he was about to begin life on his own. Six feet four inches tall, he was rawboned and lanky but muscular and physically powerful. He was especially noted for the skill and strength with which he could wield an ax. He spoke with a

backwoods twang and walked in the long-striding, flat-footed, cautious manner of a plowman. Good-natured though somewhat moody, talented as a mimic and storyteller, he readily attracted friends. But he was yet to demonstrate whatever other abilities he possessed.

After his arrival in Illinois, having no desire to be a farmer, Lincoln tried his hand at a variety of occupations. As a rail-splitter, he helped to clear and fence his father's new farm. As a flatboatman, he made a voyage down the Mississippi River to New Orleans, Louisiana. (This was his second visit to that city. His first visit having been made in 1828, while he still lived in Indiana.) Upon his return to Illinois he settled in New Salem, a village of about 25 families on the Sangamon River. There he worked from time to time as storekeeper, postmaster, and surveyor. With the coming of the Black Hawk War (1832), he enlisted as a volunteer and was elected captain of his company. Afterward he joked that he had seen no ―live, fighting Indians‖ during the war but had had ―a good many bloody struggles with the mosquitoes.‖ Meanwhile, aspiring to be a legislator, he was defeated in his first try and then repeatedly reelected to the state assembly. He considered blacksmithing as a trade, but finally decided in favor of the law. Already having taught himself grammar and mathematics, he began to study law books. In 1836, having passed the bar examination, he began to practice law.

Prairie Lawyer

The next year, he moved to Springfield, Illinois, the new state capital, which offered many more opportunities for a lawyer than New Salem did. At first Lincoln was a partner of John T. Stuart, then of Stephen T. Logan, and finally, from 1844, of William H. Herndon. Nearly 10 years younger than Lincoln, Herndon was more widely read, more emotional as a lawyer, and generally more extreme in his views. Yet this partnership seems to have been as nearly perfect as such human arrangements ever are. Lincoln and Herndon kept few records of their law business, and they split the cash between them whenever either of them was paid. It seems they had no money quarrels.

Within a few years of his relocation to Springfield, Lincoln was earning $1,200 to $1,500 annually, at a time when the governor of the state received a salary of $1,200 and circuit judges only $750. He had to work hard. To keep himself busy, he found it necessary not only to practice in Springfield but also to follow the court as it made the rounds of its circuit. Each spring and fall, he would set out by horseback or buggy to travel hundreds of miles over the thinly settled prairie, from one little county seat to another. Most of the cases were petty and the fees small.

The coming of the railroads, especially after 1850, made travel easier and practice more profitable. Lincoln served as a lobbyist for the Illinois Central Railroad, assisting it in getting a charter from the state, and thereafter he was retained as a regular attorney for that railroad. After successfully defending the company against the efforts of McLean county to tax its property, he received the largest single fee of his legal career—$5,000. (He had to sue the Illinois Central

in order to collect the fee.) He also handled cases for other railroads and for banks, insurance companies, and mercantile and manufacturing firms. In one of his finest performances before the court, he saved the Rock Island Bridge, the first to span the Mississippi River, from the threat of the river transportation interests that demanded the bridge's removal. His business included a number of patent suits and criminal trials. One of his most effective and famous pleas had to do with a murder case. A witness claimed that, by the light of the moon, he had seen Duff Armstrong, an acquaintance of Lincoln's, take part in a killing. Referring to an almanac for proof, Lincoln argued that the night had been too dark for the witness to have seen anything clearly, and with a sincere and moving appeal he won an acquittal.

By the time he began to be prominent in national politics, about 20 years after launching his legal career, Lincoln had made himself one of the most distinguished and successful lawyers in Illinois. He was noted not only for his shrewdness and practical common sense, which enabled him always to see to the heart of any legal case, but also for his invariable fairness and utter honesty.

Private Life

While residing in New Salem, Lincoln became acquainted with Ann Rutledge. Apparently he was fond of her, and certainly he grieved with the entire community at her untimely death, in 1835, at the age of 22. Afterward, stories were told of a grand romance between Lincoln and Rutledge, but these stories are not supported by sound historical evidence. A year after the death of Rutledge, Lincoln carried on a halfhearted courtship with Mary Owens, who eventually concluded that Lincoln was ―deficient in those little links which make up the chain of woman's happiness.‖ She turned down his proposal.

So far as can be known, the first and only real love of Lincoln's life was Mary Todd. High-spirited, quick-witted, and well-educated, Todd came from a rather distinguished Kentucky family, and her Springfield relatives belonged to the social aristocracy of the town. Some of them frowned upon her association with Lincoln, and from time to time he, too, doubted whether he could ever make her happy. Nevertheless, they became engaged. Then, on a day in 1841 that Lincoln recalled as the ―fatal first of January,‖ the engagement was broken, apparently on his initiative. For some time afterward, Lincoln was overwhelmed by terrible depression and despondency. Finally the two were reconciled, and on November 4, 1842, they married.

Four children, all boys, were born to the Lincolns. Edward Baker was nearly 4 years old when he died, and William Wallace (―Willie‖) was 11. Robert Todd, the eldest, was the only one of the children to survive to adulthood, though Lincoln's favorite, Thomas (―Tad‖), who had a cleft palate and a lisp, outlived his father. Lincoln left the upbringing of his children largely to their mother, who was alternately strict and lenient in her treatment of them.

The Lincolns had a mutual affectionate interest in the doings and welfare of their boys, were fond of one another's company, and missed each other when apart, as existing letters show. Like most married couples, the Lincolns also had their domestic quarrels, which sometimes were hectic but which undoubtedly were exaggerated by contemporary gossips. She suffered from recurring headaches, fits of temper, and a sense of insecurity and loneliness that was intensified by her husband's long absences on the lawyer's circuit. After his election to the presidency, she was afflicted by the death of her son Willie, by the ironies of a war that made enemies of Kentucky relatives and friends, and by the unfair public criticisms of her as mistress of the White House. She developed an obsessive need to spend money, and she ran up embarrassing bills. She also staged some painful scenes of wifely jealousy. At last, in 1875, she was officially declared insane, though by that time she had undergone the further shock of seeing her husband murdered at her side. During their earlier married life, she unquestionably encouraged her husband and served as a prod to his own ambition. During their later years together, she probably strengthened and tested his innate qualities of tolerance and patience.

With his wife, Lincoln attended Presbyterian services in Springfield and in Washington but never joined any church. He once explained:

―When any church will inscribe over its altar, as its sole qualification for membership, the Saviour's condensed statement of the substance of both Law and Gospel, ―Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind, and thy neighbor, as thyself,‖ that church will I join with all my heart and all my soul.‖

Early in life, Lincoln had been something of a skeptic and freethinker. His reputation had been such that, as he once complained, the ―church influence‖ was used against him in politics. When running for Congress in 1846, he issued a handbill to deny that he ever had ―spoken with intentional disrespect of religion.‖ He went on to explain that he had believed in the doctrine of necessity—―that is, that the human mind is impelled to action, or held in rest by some power over which the mind itself has no control.‖ Throughout his life, he also believed in dreams and other enigmatic signs and portents. As he grew older, and especially after he became president and faced the soul-troubling responsibilities of the Civil War, he developed a profound religious sense, and he increasingly personified necessity as God. He came to look upon himself quite humbly as an ―instrument of Providence‖ and to view all history as God's enterprise. ―In the present civil war,‖ he wrote in 1862, ―it is quite possible that God's purpose is something different from the purpose of either party—and yet the human instrumentalities, working just as they do, are of the best adaptation to effect His purpose.‖

Lincoln was fond of the Bible and knew it well. He also was fond of Shakespeare. In private conversation, he used many Shakespearean allusions, discussed problems of dramatic interpretation with considerable insight, and recited long passages from memory with rare feeling and understanding. He liked the works

of John Stuart Mill, particularly On Liberty, but disliked heavy or metaphysical works.

Though he enjoyed the poems of Lord Byron and Robert Burns, his favorite piece of verse was the work of an obscure Scottish poet, William Knox. Lincoln often quoted Knox's lines beginning: ―Oh! Why should the spirit of mortal be proud?‖ He liked to relax with the comic writings of Petroleum V. Nasby, Orpheus C. Kerr, and Artemus Ward, or with a visit to the popular theatre.

Early Politics

When Lincoln first entered politics, Andrew Jackson was president. Lincoln shared the sympathies that the Jacksonians professed for the common man, but he disagreed with the Jacksonian view that the government should be divorced from economic enterprise. ―The legitimate object of government,‖ he was later to say, ―is to do for a community of people whatever they need to have done, but cannot do at all, or cannot do so well, for themselves, in their separate and individual capacities.‖ Among the prominent politicians of his time, he most admired Henry Clay and Daniel Webster. Clay and Webster advocated using the powers of the federal government to encourage business and develop the country's resources by means of a national bank, a protective tariff, and a program of internal improvements for facilitating transportation. In Lincoln's view, Illinois and the West as a whole desperately needed such aid for economic development. From the outset, he associated himself with the party of Clay and Webster, the Whigs.

As a Whig member of the Illinois State Legislature, to which he was elected four times from 1834 to 1840, Lincoln devoted himself to a grandiose project for constructing with state funds a network of railroads, highways, and canals. Whigs and Democrats joined in passing an omnibus bill for these undertakings, but the panic of 1837 and the ensuing business depression brought about the abandonment of most of them. While in the legislature he demonstrated that, though opposed to slavery, he was no abolitionist. In 1837, in response to the mob murder of Elijah Lovejoy, an antislavery newspaperman of Alton, the legislature introduced resolutions condemning abolitionist societies and defending slavery in the Southern states as ―sacred‖ by virtue of the federal Constitution. Lincoln refused to vote for the resolutions. Together with a fellow member, he drew up a protest that declared, on the one hand, that slavery was ―founded on both injustice and bad policy‖ and, on the other, that ―the promulgation of abolition doctrines tends rather to increase than to abate its evils.‖

During his single term in Congress (1847–49), Lincoln, as the lone Whig from Illinois, gave little attention to legislative matters. He proposed a bill for the gradual and compensated emancipation of slaves in the District of Columbia, but, because it was to take effect only with the approval of the ―free white citizens‖ of the district, it displeased abolitionists as well as slaveholders and never was seriously considered.

Lincoln devoted much of his time to presidential politics—to unmaking one president, a Democrat, and making another, a Whig. He found an issue and a candidate in the Mexican War. With his ―spot resolutions,‖ he challenged the statement of President James K. Polk that Mexico had started the war by shedding American blood upon American soil. Along with other members of his party, Lincoln voted to condemn Polk and the war while also voting for supplies to carry it on. At the same time, he labored for the nomination and election of the war hero Zachary Taylor. After Taylor's success at the polls, Lincoln expected to be named commissioner of the general land office as a reward for his campaign services, and he was bitterly disappointed when he failed to get the job. His criticisms of the war, meanwhile, had not been popular among the voters in his own congressional district. At the age of 40, frustrated in politics, he seemed to be at the end of his public career.

The Road to the Presidency

For about five years, Lincoln took little part in politics, and then a new sectional crisis gave him a chance to reemerge and rise to statesmanship. In 1854, his political rival Stephen A. Douglas maneuvered through Congress a bill for reopening the entire Louisiana Purchase to slavery and allowing the settlers of Kansas and Nebraska (with ―popular sovereignty‖) to decide for themselves whether to permit slaveholding in those territories. The Kansas-Nebraska Act provoked violent opposition in Illinois and the other states of the old Northwest. It gave rise to the Republican Party while speeding the Whig Party on its way to disintegration. Along with many thousands of other homeless Whigs, Lincoln soon became a Republican (1856). Before long, some prominent Republicans in the East talked of attracting Douglas to the Republican fold, and with him his Democratic following in the West. Lincoln would have none of it. He was determined that he, not Douglas, should be the Republican leader of his state and section.

Lincoln challenged the incumbent Douglas for the Senate seat in 1858, and the series of debates they engaged in throughout Illinois was political oratory of the highest order. Both men were shrewd debaters and accomplished stump speakers, though they could hardly have been more different in style and appearance—the short and pudgy Douglas, whose stentorian voice and graceful gestures swayed audiences, and the tall, homely, almost emaciated-looking Lincoln, who moved awkwardly and whose voice was piercing and shrill. Lincoln's prose and speeches, however, were eloquent, pithy, powerful, and free of the verbosity so common in communication of his day. The debates were published in 1860, together with a biography of Lincoln, in a best-selling book that Lincoln himself compiled and marketed as part of his campaign.

In their basic views, Lincoln and Douglas were not as far apart as they seemed in the heat of political argument. Neither was abolitionist or proslavery. But Lincoln, unlike Douglas, insisted that Congress must exclude slavery from the territories. He disagreed with Douglas's belief that the territories were by nature unsuited to the slave economy and that no congressional legislation was needed to prevent

the spread of slavery into them. In one of his most famous speeches, he said: ―A house divided against itself cannot stand. I believe the government cannot endure permanently half slave and half free.‖ (Primary source document: ‗‗A House Divided.‖) He predicted that the country eventually would become ―all one thing, or all the other.‖ Again and again he insisted that the civil liberties of every U.S. citizen, white as well as black, were at stake. The territories must be kept free, he further said, because ―new free states‖ were ―places for poor people to go and better their condition.‖ He agreed with Thomas Jefferson and other founding fathers, however, that slavery should be merely contained, not directly attacked. In fact, when it was politically expedient to do so, he reassured his audiences that he did not endorse citizenship for blacks or believe in the equality of the races. ―I am not, nor ever have been, in favor of bringing about in any way the social and political equality of the white and black races,‖ he told a crowd in Charleston, Illinois. ―I am not nor ever have been in favor of making voters or jurors of Negroes, nor of qualifying them to hold office, nor to intermarry with white people.‖ There is, he added, ―a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality.‖ Lincoln drove home the inconsistency between Douglas's ―popular sovereignty‖ principle and the Dred Scott decision (1857), in which the U.S. Supreme Court held that Congress could not constitutionally exclude slavery from the territories. (Primary source document: The Dred Scott Decision and the Declaration of Independence.)

In the end, Lincoln lost the election to Douglas. Although the outcome did not surprise him, it depressed him deeply. Lincoln had, nevertheless, gained national recognition and soon began to be mentioned as a presidential prospect for 1860.

On May 18, 1860, after Lincoln and his friends had made skillful preparations, he was nominated on the third ballot at the Republican National Convention in Chicago. He then put aside his law practice and, though making no stump speeches, gave full time to the direction of his campaign. His ―main object,‖ he had written, was to ―hedge against divisions in the Republican ranks,‖ and he counseled party workers to ―say nothing on points where it is probable we shall disagree.‖ With the Republicans united, the Democrats divided, and a total of four candidates in the field, he carried the election on November 6. Although he received no votes from the Deep South and no more than 40 out of 100 in the country as a whole, the popular votes were so distributed that he won a clear and decisive majority in the Electoral College.

President Lincoln

After Lincoln's election and before his inauguration, the state of South Carolina proclaimed its secession (withdrawal) from the Union. To forestall similar action by other Southern states, various compromises were proposed in Congress. The most important, the Crittenden Compromise, included amendments to the U.S. Constitution guaranteeing slavery forever in the states where it already existed and dividing the territories between slavery and freedom. Although Lincoln had no objection to the first of these amendments, he was unalterably opposed to the

second and indeed to any scheme infringing in the slightest upon the free-soil plank of his party's platform. ―I am inflexible,‖ he privately wrote. He feared that a territorial division, by sanctioning the principle of slavery extension, would only encourage planter imperialists to seek new slave territory south of the American border and thus would ―put us again on the highroad to a slave empire.‖ From his home in Springfield, he advised Republicans in Congress to vote against a division of the territories, and the proposal was killed in committee. Six additional states then seceded and, with South Carolina, combined to form the Confederate States of America.

Thus, before Lincoln had even moved into the White House, a disunion crisis was upon the country. Attention, North and South, focused in particular upon Fort Sumter, in Charleston Harbor, South Carolina. This fort, still under construction, was garrisoned by U.S. troops under Major Robert Anderson. The Confederacy claimed it and, from other harbor fortifications, threatened it. Foreseeing trouble, Lincoln, while still in Springfield, confidentially requested Winfield Scott, general in chief of the U.S. Army, to be prepared ―to either hold, or retake, the forts, as the case may require, at, and after the inauguration.‖ In his inaugural address (March 4, 1861), besides upholding the Union's indestructibility and appealing for sectional harmony, Lincoln restated his Sumter policy as follows:

―The power confided to me, will be used to hold, occupy, and possess the property, and places belonging to the government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion—no using of force against, or among the people anywhere.‖

Then, near the end, addressing the absent Southerners: ―You can have no conflict, without being yourselves the aggressors.‖ (Primary source document: First Inaugural Address.)

Outbreak of War

No sooner was he in office than Lincoln received word that the Sumter garrison, unless supplied or withdrawn, would shortly be starved out. Still, for about a month, Lincoln delayed acting. He was beset by contradictory advice. On the one hand, General Scott, Secretary of State William H. Seward, and others urged him to abandon the fort; and Seward, through a go-between, gave a group of Confederate commissioners to understand that the fort would in fact be abandoned. On the other hand, many Republicans insisted that any show of weakness would bring disaster to their party and to the Union. Finally Lincoln ordered the preparation of two relief expeditions, one for Fort Sumter and the other for Fort Pickens, in Florida. (He afterward said he would have been willing to withdraw from Sumter if he could have been sure of holding Pickens.) Before the Sumter expedition, he sent a messenger to tell the South Carolina governor:

―I am directed by the President of the United States to notify you to expect an attempt will be made to supply Fort-Sumpter [sic] with provisions only; and that, if

such attempt be not resisted, no effort to throw in men, arms, or ammunition, will be made, without further notice, or in case of an attack upon the Fort.‖

Without waiting for the arrival of Lincoln's expedition, the Confederate authorities presented to Major Anderson a demand for Sumter's prompt evacuation, which he refused. On April 12, 1861, at dawn, the Confederate batteries in the harbor opened fire.

―Then, and thereby,‖ Lincoln informed Congress when it met on July 4, ―the assailants of the Government, began the conflict of arms.‖ The Confederates, however, accused him of being the real aggressor. They said he had cleverly maneuvered them into firing the first shot so as to put upon them the onus of war guilt. Although some historians have repeated this charge, it appears to be a gross distortion of the facts. Lincoln was determined to preserve the Union, and to do so he thought he must take a stand against the Confederacy. He concluded he might as well take this stand at Sumter.

Lincoln's primary aim was neither to provoke war nor to maintain peace. In preserving the Union, he would have been glad to preserve the peace also, but he was ready to risk a war that he thought would be short.

After the firing on Fort Sumter, Lincoln called upon the state governors for troops. (Virginia and three other states of the upper South responded by joining the Confederacy.) He then proclaimed a blockade of the Southern ports. These steps—the Sumter expedition, the call for volunteers, and the blockade—were the first important decisions of Lincoln as Commander in Chief of the army and navy. But he still needed a strategic plan and a command system for carrying it out. (Primary source document: A War to Preserve the Union.)

General Scott advised him to avoid battle with the Confederate forces in Virginia, to get control of the Mississippi River, and by tightening the blockade to hold the South in a gigantic squeeze. Lincoln had little confidence in Scott's comparatively passive and bloodless ―Anaconda‖ plan. He believed the war must be actively fought if it ever was to be won. Overruling Scott, he ordered a direct advance on the Virginia front, which resulted in defeat and rout for the Union forces at Bull Run (July 21, 1861). After a succession of more or less sleepless nights, Lincoln produced a set of memorandums on military policy. His basic thought was that the armies should advance concurrently on several fronts and should move so as to hold and use the support of Unionists in Missouri, Kentucky, western Virginia, and eastern Tennessee. As he later explained:

―I state my general idea of this war to be that we have the greater numbers, and the enemy has the greater facility of concentrating forces upon points of collision; that we must fail, unless we can find some way of making our advantage an over-match for his; and that this can only be done by menacing him with superior forces at different points, at the same time.‖

This, with the naval blockade, comprised the essence of Lincoln's strategy.

Leadership in War

As a war leader, Lincoln employed the style that had served him as a politician—a description of himself, incidentally, that he was not ashamed to accept. He preferred to react to problems and to the circumstances that others had created rather than to originate policies and lay out long-range designs. In candor he would write: ―I claim not to have controlled events, but confess plainly that events have controlled me.‖ His guiding rule was: ―My policy is to have no policy.‖ It was not that he was unprincipled; rather, he was a practical man, mentally nimble and flexible, and, if one action or decision proved unsatisfactory in practice, he was willing to experiment with another.

From 1861 to 1864, while hesitating to impose his ideas upon his generals, Lincoln experimented with command personnel and organization. Accepting the resignation of Scott (November 1861), he put George B. McClellan in charge of the armies as a whole. After a few months, disgusted by the slowness of McClellan (―He has the slows,‖ as Lincoln put it), he demoted him to the command of the Army of the Potomac alone. He questioned the soundness of McClellan's plans for the Peninsular Campaign, repeatedly compelled McClellan to alter them, and, after the Seven Days' Battles to capture Richmond, Virginia (June 25–July 1, 1862), failed, ordered him to give them up. Then he tried a succession of commanders for the army in Virginia—John Pope, McClellan again, Ambrose E. Burnside, Joseph Hooker, and George Gordon Meade—but was disappointed with each of them in turn. Meanwhile, he had in Henry W. Halleck a general-in-chief who gave advice and served as a liaison with field officers, but who shrank from making important decisions. For nearly two years, the Union armies lacked effective unity of command. President Lincoln, General Halleck, and War Secretary Edwin M. Stanton acted as an informal council of war. Lincoln, besides transmitting official orders through Halleck, also communicated directly with the generals, sending personal suggestions in his own name. To generals opposing Robert E. Lee, he suggested that the object was to destroy Lee's army, not to capture Richmond or to drive the invader from Northern soil.

Finally Lincoln looked to the West for a top general. He admired the Vicksburg Campaign of Ulysses S. Grant in Mississippi. Nine days after the Vicksburg surrender (which occurred on July 4, 1863), he sent Grant a ―grateful acknowledgment for the almost inestimable service‖ he had done the country. Lincoln sent also an admission of his own error. He said he had expected Grant to bypass Vicksburg and go on down the Mississippi, instead of crossing the river and turning back to approach Vicksburg from the rear. ―I feared it was a mistake,‖ he wrote in his letter of congratulations. ―I now wish to make the personal acknowledgment that you were right, and I was wrong.‖

In March 1864, Lincoln promoted Grant to lieutenant general and gave him command of all the Union armies. At last Lincoln had found a man who, with such able subordinates as William T. Sherman, Philip Sheridan, and George H. Thomas, could put into effect those parts of Lincoln's concept of a large-scale,

coordinated offensive that still remained to be carried out. Grant was only a member, though an important one, of a top-command arrangement that Lincoln eventually had devised. Overseeing everything was Lincoln himself, the commander in chief. Taking the responsibility for men and supplies was Secretary of War Stanton. Serving as a presidential adviser and as a liaison with military men was Halleck, the chief of staff. And directing all the armies, while accompanying Meade's Army of the Potomac, was Grant, the general-in-chief. Thus Lincoln pioneered in the creation of a high command, an organization for amassing all the energies and resources of a people in the grand strategy of total war. He combined statecraft and the overall direction of armies with an effectiveness that increased year by year. His achievement is all the more remarkable in view of his lack of training and experience in the art of warfare. This lack may have been an advantage as well as a handicap. Unhampered by outworn military dogma, Lincoln could better apply his practical insight and common sense—some would say his military genius—to the winning of the Civil War.

There can be no doubt of Lincoln's deep and sincere devotion to the cause of personal freedom. Before his election to the presidency he had spoken often and eloquently on the subject. In 1854, for example, he said he hated the Douglas attitude of indifference toward the possible spread of slavery to new areas. ―I hate it because of the monstrous injustice of slavery itself,‖ he declared. ―I hate it because it deprives our republican example of its just influence in the world; enables the enemies of free institutions with plausibility to taunt us as hypocrites….‖ In 1855, writing to his friend Joshua Speed, he recalled a steamboat trip the two had taken on the Ohio River 14 years earlier. ―You may remember, as I well do,‖ he said, ―that from Louisville [Kentucky] to the mouth of the Ohio there were, on board, ten or a dozen slaves, shackled together with irons. That sight was a continual torment to me; and I see something like it every time I touch the Ohio, or any other slave-border.‖

Yet, as president, Lincoln was at first reluctant to adopt an abolitionist policy. There were several reasons for his hesitancy. He had been elected on a platform pledging no interference with slavery within the states, and in any case he doubted the constitutionality of federal action under the circumstances. He was concerned about the possible difficulties of incorporating nearly four million African Americans, once they had been freed, into the nation's social and political life. Above all, he felt that he must hold the border slave states in the Union, and he feared that an abolitionist program might impel them, in particular his native Kentucky, toward the Confederacy. So he held back while others went ahead. When General John C. Frémont and General David Hunter, within their respective military departments, proclaimed freedom for the slaves of disloyal masters, Lincoln revoked the proclamations. When Congress passed confiscation acts in 1861 and 1862, he refrained from a full enforcement of the provisions authorizing him to seize slave property. And when Horace Greeley in the New York Tribune appealed to him to enforce these laws, Lincoln patiently replied (August 22, 1862):

―My paramount object in this struggle is to save the Union, and is not either to save or to destroy slavery. If I could save the Union without freeing any slave I would do it; and if I could save it by freeing all the slaves I would do it; and if I could save it by freeing some and leaving others alone, I would also do that.‖

Meanwhile, in response to the rising antislavery sentiment, Lincoln came forth with an emancipation plan of his own. According to his proposal, the slaves were to be freed by state action, the slaveholders were to be compensated, the federal government was to share the financial burden, the emancipation process was to be gradual, and the freedmen were to be colonized abroad. Congress indicated its willingness to vote the necessary funds for the Lincoln plan, but none of the border slave states were willing to launch it, and in any case few African American leaders desired to see their people sent abroad. (Primary source document: Emancipation with Compensation.)

While still hoping for the eventual success of his gradual plan, Lincoln took quite a different step by issuing his preliminary (September 22, 1862) and his final (January 1, 1863) Emancipation Proclamation. This famous decree, which he justified as an exercise of the president's war powers, applied only to those parts of the country actually under Confederate control, not to the loyal slave states or to the federally occupied areas of the Confederacy. Directly or indirectly the proclamation brought freedom during the war to fewer than 200,000 slaves. Yet it had great significance as a symbol. It indicated that the Lincoln government had added freedom to reunion as a war aim, and it attracted liberal opinion in England and Europe to increased support of the Union cause.

Lincoln himself doubted the constitutionality of his step, except as a temporary war measure. After the war, the slaves freed by the proclamation would have risked re-enslavement had nothing else been done to confirm their liberty. But something else was done: the Thirteenth Amendment was added to the Constitution, and Lincoln played a large part in bringing about this change in the fundamental law. Through the chairman of the Republican National Committee, he urged the party to include a plank for such an amendment in its platform of 1864. The plank, as adopted, stated that slavery was the cause of the rebellion, that the president's proclamation had aimed ―a death blow at this gigantic evil,‖ and that a constitutional amendment was necessary to ―terminate and forever prohibit‖ it. When Lincoln was reelected as President of the United States in 1864 on this platform and the Republican majority in Congress was increased, he was justified in feeling, as he apparently did, that he had a mandate from the people for the Thirteenth Amendment. The newly chosen Congress, with its overwhelming Republican majority, was not to meet until after the session of the old Congress during the winter of 1864–65. Lincoln did not wait. Using his resources of patronage and persuasion upon certain of the Democrats, he managed to get the necessary two-thirds vote before the session's end. He rejoiced as the amendment went out to the states for ratification, and he rejoiced again and again as his own Illinois led off and other states followed one by one in acting favorably upon it. (He did not live to rejoice in its ultimate adoption.)

Lincoln deserves his reputation as the Great Emancipator. His claim to that honor, if it rests uncertainly upon his famous proclamation, has a sound basis in the support he gave to the antislavery amendment. It is well founded also in his greatness as the war leader who carried the nation safely through the four-year struggle that brought freedom in its train. And, finally, it is strengthened by the practical demonstrations he gave of respect for human worth and dignity, regardless of color. During the last two years of his life he welcomed African Americans as visitors and friends in a way no president had done before. One of his friends was the distinguished former slave Frederick Douglass, who once wrote: ―In all my interviews with Mr. Lincoln I was impressed with his entire freedom from prejudice against the colored race.‖

Wartime Politics

To win the war, President Lincoln had to have popular support. The reunion of North and South required, first of all, a certain degree of unity in the North. But the North contained various groups with special interests of their own. Lincoln faced the task of attracting to his administration the support of as many divergent groups and individuals as possible. Accordingly, he gave much of his time and attention to politics, which in one of its aspects is the art of attracting such support. Fortunately for the Union cause, he was a president with rare political skill. He had the knack of appealing to fellow politicians and talking to them in their own language. He had a talent for smoothing over personal differences and holding the loyalty of men antagonistic to one another. Inheriting the spoils system, he made good use of it, disposing of government jobs in such a way as to strengthen his administration and further its official aims.

The opposition party remained alive and strong. Its membership included war Democrats and peace Democrats, often called ―Copperheads,‖ a few of whom collaborated with the enemy. Lincoln did what he could to cultivate the assistance of the war Democrats, as in securing from Congress the timely approval of the Thirteenth Amendment. So far as feasible, he conciliated the peace Democrats. He heeded the complaints of one of them, Governor Horatio Seymour of New York, in regard to the draft quota for that state. He commuted the prison sentence of another, Congressman Clement L. Vallandigham of Ohio, to banishment within the Confederate lines. In dealing with persons suspected of treasonable intent, Lincoln at times authorized his generals to make arbitrary arrests. He justified this action on the ground that he had to allow some temporary sacrifice of parts of the Constitution in order to maintain the Union and thus preserve the Constitution as a whole. He let his generals suspend several newspapers, but only for short periods, and he promptly revoked a military order suppressing the hostile Chicago Times. In a letter to one of his generals he expressed his policy thus:

―You will only arrest individuals and suppress assemblies or newspapers when they may be working palpable injury to the military in your charge, and in no other case will you interfere with the expression of opinion in any form or allow it to be

interfered with violently by others. In this you have a discretion to exercise with great caution, calmness, and forbearance.‖

Considering the dangers and provocations of the time, Lincoln was quite liberal in his treatment of political opponents and the opposition press. He was by no means the dictator critics often accused him of being. Nevertheless, his abrogating of civil liberties, especially his suspension of the privilege of the writ of habeas corpus, disturbed Democrats, Republicans, and even members of his own cabinet. In the opinion of a soldier from Massachusetts, the president, ―without the people having any legal means to prevent it, is only prevented from exercising a Russian despotism by the fear he may have of shocking too much the sense of decency of the whole world.‖ Even Lincoln's friend Orville Hickman Browning believed the arrests ordered by the president were ―illegal and arbitrary, and did more harm than good, weakening instead of strengthening the government.‖ Yet Lincoln defended his actions, arguing that the Constitution provided for the suspension of such liberties ―in cases of Rebellion or Invasion, [when] the public Safety may require it.‖ Moreover, posed Lincoln with rhetorical flare, ―Must I shoot a simpleminded soldier boy who deserts‖ and ―not touch a hair of a wilely agitator who induces him to desert?‖

Within his own party, Lincoln confronted factional divisions and personal rivalries that caused him as much trouble as did the activities of the Democrats. True, he and most of his fellow partisans agreed fairly well upon their principal economic aims. With his approval, the Republicans enacted into law the essentials of the program he had advocated from his early Whig days—a protective tariff; a national banking system; and federal aid for internal improvements, in particular for the construction of a railroad to the Pacific Coast. The Republicans disagreed among themselves, however, on many matters regarding the conduct and purposes of the war. Two main factions arose: the ―Radicals‖ and the ―Conservatives.‖ Lincoln himself inclined in spirit toward the Conservatives, but he had friends among the Radicals as well, and he strove to maintain his leadership over both. In appointing his cabinet, he chose his several rivals for the 1860 nomination and, all together, gave representation to every important party group. Wisely he included the outstanding Conservative, Seward, and the outstanding Radical, Salmon P. Chase. Cleverly, he overcame crises in his Cabinet and kept these two opposites among his official advisers until Chase's resignation in 1864.

Lincoln had to deal with even more serious factional uprisings in Congress. The big issue was the ―reconstruction‖ of the South. The seceded states of Louisiana, Arkansas, and Tennessee having been largely recovered by the federal armies, Lincoln late in 1863 proposed his ―ten percent plan,‖ according to which new state governments might be formed when 10 percent of the qualified voters had taken an oath of future loyalty to the United States. (Primary source document: A Program for Reconstruction.) The Radicals rejected Lincoln's proposal as too lenient, and they carried through Congress the Wade-Davis Bill, which would have permitted the remaking and readmission of states only after a majority had

taken the loyalty oath. When Lincoln pocket-vetoed that bill, its authors published a ―manifesto‖ denouncing him.

Lincoln was already the candidate of the ―Union‖ (that is, the Republican) party for reelection to the presidency, and the Wade-Davis manifesto signalized a movement within the party to displace him as the party's nominee. He waited quietly and patiently for the movement to collapse, but even after it had done so, the party remained badly divided. A rival Republican candidate, John C. Frémont, nominated much earlier by a splinter group, was still in the field. Leading Radicals promised to procure Frémont's withdrawal if Lincoln would obtain the resignation of his conservative postmaster general, Montgomery Blair. Eventually Frémont withdrew and Blair resigned. The party was reunited in time for the election of 1864.

In 1864, as in 1860, Lincoln was the chief strategist of his own electoral campaign. He took a hand in the management of the Republican Speakers' Bureau, advised state committees on campaign tactics, hired and fired government employees to strengthen party support, and did his best to enable as many soldiers and sailors as possible to vote. Most of the citizens in uniform voted Republican. He was reelected with a large popular majority (55 percent) over his Democratic opponent, General George B. McClellan.

In 1864, the Democratic platform called for an armistice and a peace conference, and prominent Republicans as well as Democrats demanded that Lincoln heed Confederate peace offers, irregular and illusory though they were. In a public letter, he stated his own conditions:

―Any proposition which embraces the restoration of peace, the integrity of the whole Union, and the abandonment of slavery, and which comes by and with an authority that can control the armies now at war against the United states will be received and considered by the Executive government of the United States, and will be met by liberal terms on other substantial and collateral points.‖

When Conservatives protested to him against the implication that the war must go on to free the slaves, even after reunion had been won, he explained, ―To me it seems plain that saying reunion and abandonment of slavery would be considered, if offered, is not saying that nothing else or less would be considered, if offered.‖ After his reelection, in his annual message to Congress, he said, ―In stating a single condition of peace, I mean simply to say that the war will cease on the part of the government, whenever it shall have ceased on the part of those who began it.‖ On February 3, 1865, he met personally with Confederate commissioners on a steamship in Hampton Roads, Virginia. He promised to be liberal with pardons if the South would quit the war, but he insisted on reunion as a precondition for any peace arrangement. In his Second Inaugural Address he embodied the spirit of his policy in the famous words ―with malice toward none; with charity for all.‖ His terms satisfied neither the Confederate leaders nor the Radical Republicans, and so no peace was possible until the final defeat of the Confederacy.

Postwar Policy

At the end of the war, Lincoln's policy for the defeated South was not clear in all its details, though he continued to believe that the main object should be to restore the ―seceded States, so-called,‖ to their ―proper practical relation‖ with the Union as soon as possible. He possessed no fixed and uniform program for the region as a whole. As he said in the last public speech of his life (April 11, 1865), ―so great peculiarities‖ pertained to each of the states, and ―such important and sudden changes‖ occurred from time to time, and ―so new and unprecedented‖ was the whole problem that ―no exclusive and inflexible plan‖ could ―safely be prescribed.‖ With respect to states like Louisiana and Tennessee, he continued to urge acceptance of new governments set up under his 10 percent plan during the war. With respect to states like Virginia and North Carolina, he seemed willing to use the old rebel governments temporarily as a means of transition from war to peace. He was on record as opposing the appointment of ―strangers‖ (carpetbaggers) to govern the South. He hoped that the Southerners themselves, in forming new state governments, would find some way by which whites and blacks ―could gradually live themselves out of their old relation to each other, and both come out better prepared for the new.‖ A program of education for the freedmen, he thought, was essential to preparing them for their new status. He also suggested that the vote be given immediately to some African Americans—―as, for instance, the very intelligent, and especially those who have fought gallantly in our ranks.‖

On the question of reconstruction, however, Lincoln and the extremists of his own party stood even farther apart in early 1865 than a year before. Some of the Radicals were beginning to demand a period of military occupation for the South, the confiscation of planter estates and their division among the freedmen, and the transfer of political power from the planters to their former slaves. In April 1865, Lincoln began to modify his own stand in some respects and thus to narrow the gap between himself and the Radicals. He recalled the permission he had given for the assembling of the rebel legislature of Virginia, and he approved in principle—or at least did not disapprove—Stanton's scheme for the military occupation of Southern states. After the cabinet meeting of April 14, Attorney General James Speed inferred that Lincoln was moving toward the radical position. ―He never seemed so near our views,‖ Speed believed. What Lincoln's reconstruction policy would have been, if he had lived to complete his second term, can only be guessed at.

On the evening of April 14, 1865, 26-year-old John Wilkes Booth—a strong advocate of slavery with ties to the South and the flamboyant son of one of the most distinguished theatrical families of the 19th century—shot Lincoln as he sat in Ford's Theatre in Washington. Early the next morning Lincoln died.

Reputation and Character

―Now he belongs to the ages,‖ Stanton is supposed to have said as Lincoln took his last breath. Many thought of Lincoln as a martyr. The assassination had

occurred on Good Friday, and on the following Sunday, memorable as ―Black Easter,‖ hundreds of speakers found a sermon in the event. Some of them saw more than mere chance in the fact that assassination day was also crucifixion day. One declared, ―Jesus Christ died for the world; Abraham Lincoln died for his country.‖ Thus the posthumous growth of his reputation was influenced by the timing and circumstances of his death, which won for him a kind of sainthood.

Among the many who remembered Lincoln from personal acquaintance, one was sure he had known him more intimately than any of the rest and influenced the world's conception of him more than all the others put together. That one was his former law partner William Herndon. When Lincoln died, Herndon began a new career as Lincoln authority, collecting reminiscences wherever he could find them and adding his own store of memories. Although admiring Lincoln, he objected to the trend toward sanctifying him. He saw, as the main feature of Lincoln's life, the far more than ordinary rise of a self-made man, a rise from the lowest depths to the greatest heights—―from a stagnant, putrid pool, like the gas which, set on fire by its own energy and self-combustible nature, rises in jets, blazing, clear, and bright.‖ To emphasize this point, Herndon gave his most eager attention to evidences of the dismal and sordid in Lincoln's background. An extremely significant event in Lincoln's development, as Herndon viewed it, was a ―romance of much reality‖ with Ann Rutledge. Lincoln loved no one but Rutledge and, after her death, never ceased to grieve for her. His memory of her both saddened and inspired him. As for his wife, Mary Todd Lincoln, she married him out of spite, then devoted herself to making him miserable. So Herndon would have it, and after him countless biographers, novelists, and playwrights elaborated upon his views, which persist as accepted knowledge about Lincoln despite their refutation by historical scholarship.

Lincoln has become a myth as well as a man. The Lincoln of legend has grown into a protean god who can assume a shape to please almost anyone. He is Old Abe and at the same time a natural gentleman. He is Honest Abe and yet a being of superhuman shrewdness and cunning. He is also Father Abraham, the wielder of authority, the support of the weak; and he is an equal, a neighbor, and a friend. But there is a malevolent Lincoln as well, and to many Southerners from the time of the Civil War and to some conservative critics today, Lincoln is the wicked slayer of liberty and states' rights and the father of the all-controlling national state.

Lincoln's reputation began to grow while he was still alive. In the midst of the Civil War, for instance, the Washington Chronicle found a resemblance between him and George Washington in their ―sure judgment,‖ ―perfect balance of thoroughly sound faculties,‖ and ―great calmness of temper, great firmness of purpose, supreme moral principle, and intense patriotism.‖ The Buffalo Express referred to his ―remarkable moderation and freedom from passionate bitterness,‖ and then added, ―We do not believe that Washington himself was less indifferent to the exercise of power for power's sake.‖ An English newspaper, the Liverpool Post, suggested that ―no leader in a great contest ever stood so little chance of being the subject of hero worship as Abraham Lincoln,‖ if one were to judge only by the

way he looked. His long arms and legs, his grotesque figure, made him too easy to caricature and ridicule. ―Yet,‖ this newspaper concluded, ―a worshiper of human heroes might possibly travel a great deal farther and fare much worse for an idol than selecting this same lanky American.‖ His inner qualities—his faithfulness, honesty, resolution, insight, humor, and courage—would ―go a long way to make up a hero,‖ whatever the man's personal appearance.

Lincoln's best ideas and finest phrases were considered and written and rewritten with meticulous revisions. Some resulted from a slow gestation of thought and phrase through many years. One of his recurring themes—probably his central theme—was the promise and the problem of self-government. As early as 1838, speaking to the Young Men's Lyceum of Springfield on ―The Perpetuation of Our Political Institutions,‖ he recalled the devotion of his Revolutionary forefathers to the cause and went on to say:

―Their ambition aspired to display before an admiring world, a practical demonstration of the truth of a proposition, which had hitherto been considered, at best no better, than problematical; namely, the capability of a people to govern themselves.‖

Again and again, he returned to this idea, especially after the coming of the Civil War, and he steadily improved his phrasing. In his first message to Congress after the fall of Fort Sumter, he declared that the issue between North and South involved more than the future of the United States.

―It presents to the whole family of man, the question, whether a constitutional republic, or a democracy—a government of the people, by the same people—can, or cannot, maintain its territorial integrity, against its own domestic foes.‖

And finally at Gettysburg, Pennsylvania, he made the culminating, supreme statement, concluding with the words:

―…that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion—that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth. This biographical information was adapted from http://www.biography.com/articles/Abraham-Lincoln-9382540?print

LESSONS & ACTIVITIES FOR

ELEMENTARY, MIDDLE, AND

SENIOR HIGH SCHOOL STUDENTS

Lesson Plans

Pre-K Lesson Celebrating Abraham Lincoln

GRADE LEVEL: Multiple Subjects – Prekindergarten TITLE: Abraham Lincoln INTRODUCTION: In this lesson, students will explore the life of President Lincoln as a youth. Through story reading, art activities, etc., children will gain a greater awareness of the development of citizenship. Opportunities for role playing will help students apply what they have learned. This lesson, which is correlated to the VPK Standards and covers several days of instruction in all subjects, should be useful to all prekindergarten teachers. OBJECTIVES:

1. Explore the life of Abraham Lincoln through stories, art activities, etc. Language and Communication, Literacy

Using a picture walk/talk format, teachers will introduce the book, ―If You Grew Up with Abraham Lincoln‖ by Ann McGovern. During this segment, students will build background knowledge and expand their vocabulary.

A Listen & Read story that can be used individually or as a class on a ―Smart Board‖ can be accessed at http://teacher.scholastic.com/activities/listen_read_6/path-of-president.asp Standards: IV C 1 a (Understanding of words/meanings)

IV C 2 a (Expanded vocabulary to describe objects/actions/events)

VII A c 1, 2 (Citizenship and Government),

Mathematical and Scientific Thinking

After exploring different denominations of coins, children should sort coins to identify which coins have Abraham Lincoln‘s face on them and count the number of coins found

Following a discussion of differences/similarities, children can sort coins according to size and/or color and graph various coins

Standards: VI A a 1,2,3 (One to one, Counts and Constructs sets,

Comparison of sets) VI A f 2 a,b,c ( Represent/analyzes data)

Social Studies and the Arts

During Center time, provide appropriate materials at each work area for these activities:

Art: Draw or paint President Lincoln and/or a log cabin Manipulatives: Use Play dough and or pipe cleaners to create a log cabin Block area: Use blocks and rods to create a log cabin/house

Standards: VII A a 1 (People, Past and Present) VII B a 1 (Expression and Representation)

Motor Development

After researching and discussing the construction of log cabins, provide pretzel rods and icing for children to create their own log cabin Standard: VIII B 1, 2 (Fine Motor tasks)

NOTE: Teachers should use the recent national election and presidential inauguration to connect children to the meaning of this celebration.

Lesson Plans

Elementary School Lessons Celebrating Abraham Lincoln

GRADE LEVEL: Social Studies – Primary Grades TITLE: Lincoln: Getting to Know “Abe” OBJECTIVES:

2. Explore the qualities of Abraham Lincoln that enabled him to overcome obstacles and become President of the United States

3. Create a timeline 4. Create a book about Abraham Lincoln 5. Demonstrate an understanding of the important role artifacts play in

understanding history. SOCIAL STUDIES BENCHMARKS: SS.A.2.4 Listen to and retell stories about people in the past who have shown character ideals and principles including honesty, courage, and responsibility. SS.A.1.2 Develop an awareness of a primary source. SS.A.1.1 Develop an understanding of how to use and create a timeline. LANGUAGE ARTS/READING BENCHMARKS: LA.A.1.2 Identifies words and constructs meaning from text,

illustrates, graphics, and charts using the strategies of phonics, word structure, and context clues.

LA.A.1.4 Increases comprehension by rereading, retelling, and discussion.

LA.C.1.4 Retells specific details of information heard, including sequence of events.

SUGGESTED TIME: 6 days PREPARATION PRIOR TO LESSON: Have students bring in at least 5 pictures of themselves from different important events in their lives starting with their baby pictures – this will be in response to a note you sent home to parents. (If they do not have pictures, they are to draw themselves in a minimum of 5 life events).

DESCRIPTION OF ACTIVITIES: Day 1: Begin this lesson by reading aloud to students the book Abe Lincoln‘s Hat (or another similar Lincoln biography or story* written for young readers and emphasizing the events in Lincoln‘s life).

Review with students the book/story about Abe Lincoln and have them tell you about the things that happened in his life. Tell them you will help them to retell these in order. Use strips you have already prepared to place them in chronological order on the board. Have students correct any event that might be listed incorrectly. Using pictures that the students have brought of themselves, have them place these in the order in which they occurred from the time they were born. Have students glue these in order to create their personal timeline. After students share their timelines, explain that the photographs are primary sources and the drawings are not. Ask them why they think this might be so. Show them actual pictures of Lincoln from websites such as http://www.sonofthesouth.net/slavery/abraham-lincoln/abraham-lincoln-pictures.htm and then show them illustrated renditions of Lincoln. Have them identify some as primary and others as secondary. *Other stories that may be used for this activity: If You Grew Up with Abraham Lincoln by Ann McGovern The Man on the Penny by Robinett, Bell and Rojas True Stories about Abraham Lincoln by Ruth Beloy Gross Just Like Abraham Lincoln by Bernard Waber Young Abraham Lincoln by Andrew Woods

Day 2: Using the events from Lincoln‘s life identified on Day #1, students will create a timeline of his life using pictures and writing the event next to the picture. For younger students provide a strip that has the birth on the extreme left and the assassination or death on the right. Older students must also write the dates.

Day 3 and 4: Have students use the timelines to write their own illustrated books about Abraham Lincoln. They should select the dates and events they feel are important. Have them illustrate the events. Day 5: Discuss the various events in Lincoln‘s life again. Point out how Abe often did not succeed at something the first time he tried, e.g. elections. Introduce the word, persistence as a good quality. Relate this to the District adopted core value of pursuit of excellence*. Ask students to share times when they have been persistent and when they have not given up on something even though they may have initially failed, e.g. riding a bike, learning to tie shoes. Make a chart entitled, ―Our Persistent Pursuit of Excellence‖ List each students name and their example to be displayed in class. *Pursuit of Excellence-Doing your best with the talents you have, striving toward a goal, and not giving up.

Day 6: Plan a birthday party for Abe complete with healthy snacks. Students will share their completed Abe Lincoln books with their classmates during the party. ASSESSMENT STRATEGY: Use a rubric that is consistent with the writing skills assessed on FCAT for your particular grade level to grade the timeline and book. EXTENSION ACTIVITY: Students obtain pictures from magazines and/or newspapers that they feel depict people exhibiting the good character qualities discussed during their study of Lincoln and his life. Students must write why they selected the picture and what it represents. (Younger students may share orally.)

Lesson Plans

Middle and Senior High School Celebrating Abraham Lincoln

SUBJECT/GRADE LEVEL: Social Studies/Language Arts – Middle and

High School TITLE: The Words that Framed Our 16th President’s Character OBJECTIVES:

1. Explore the qualities of Abraham Lincoln through an analysis of his words.

2. Engage students in discussion framed by interpretation of quotes. 3. Demonstrate an understanding of what was happening contextually at

the time Abraham Lincoln spoke these words. SOCIAL STUDIES BENCHMARKS and STANDARDS: SS.6.W.1.6 Describe how history transmits culture and heritage and

provides models of human character. Utilize historical inquiry skills and analytical processes. SS.8.A.1.7 View historic events through the eyes of those who were there as shown in their art, writings, music, and artifacts. Use research and inquiry skills to analyze American History using primary and secondary sources. SS.912.A.1.2 Utilize a variety of primary and secondary sources to identify

author, historical significance, audience, and authenticity to understand a historical period.

LANGUAGE ARTS/READING BENCHMARKS: LA. 6.2.1.9 Explain how ideas, values, and themes of literary work often

reflect the historical period in which it was written. LA. 8.2.1.8 Explain how ideas, values, and themes of a literary work

often reflect the historical period in which it was written. LA.910.2.1.8 Explain how ideas, values, and themes of literary work often

reflect the historical period in which it was written. SUGGESTED TIME: 1-2 Days PREPARATION PRIOR TO LESSON: Prepare either strips of paper or index cards on which quotes have been written for distribution to students.

DESCRIPTION OF ACTIVITY: Using the list of quotes found within this resource document and/or other quotes found by the teacher, distribute one quote per student. (The same quote will be given to several students.) Have students share their quote with other students. Students can either choose to keep their quote or trade their quote for a quote they like better. After student‘s share their quotes, have students group with other students who have their same quote. Students will work in groups to discuss their particular quote and interpret its significance, while providing reasons for their conclusions. Each group will present their quote, interpretation and conclusions to the rest of the class. ASSESSMENT STRATEGY: The teacher should utilize these presentations as a method for informal assessment of student knowledge related to the social, political, and economic events surrounding Abraham Lincoln‘s presidency. EXTENSION ACTIVITY: Have students research the document and/or speech in which their particular quote was delivered by Abraham Lincoln and write a reflection related to either a confirmation of previous understanding about the quote or a new interpretation of the quote given its historical context.

Celebrate Abraham Lincoln’s Bicentennial

Learn about him through his words Quotes from our 16th President (1809-1865)

―Character is like a tree and reputation like its shadow. The shadow is what we think of

it; the tree is the real thing.‖ Abraham Lincoln, Lincoln's Own Stories

―Nearly all men can stand adversity, but if you want to test a man's character, give him

power.‖ Abraham Lincoln

―Always bear in mind that your own resolution to succeed is more important than any

one thing.‖ Abraham Lincoln

―I am a firm believer in the people. If given the truth, they can be depended upon to meet

any national crises. The great point is to bring them the real facts.‖ Abraham Lincoln

―If you would win a man to your cause, first convince him that you are his sincere friend.‖

Abraham Lincoln

―No man is good enough to govern another man without that other's consent.‖

Abraham Lincoln

―The probability that we may fail in the struggle ought not to deter us from the support of

a cause we believe to be just.‖ Abraham Lincoln

―Whenever I hear anyone arguing for slavery, I feel a strong impulse to see it tried on

him personally.‖ Abraham Lincoln

―Truth is generally the best vindication against slander.‖ Abraham Lincoln, letter to

Secretary of War Edwin Stanton, July 18, 1864

―I have always found that mercy bears richer fruits than strict justice.‖ Abraham Lincoln,

speech in Washington D.C., 1865

Lesson Plans

Middle School Lessons Celebrating Abraham Lincoln

GRADE LEVEL: Social Studies – Middle Grades TITLE: Lincoln: Character Reflected Through Words and Acts OBJECTIVES:

1. Interpret the words and meaning of the Gettysburg Address 2. Examine the effects of the Emancipation Proclamation on slaves and

others in the United States 3. Analyze letters from soldiers of the Civil War and more deeply

understand life in America during that time 4. Examine images from the 1860‘s in order to better understand the life of

people and the war itself 5. Compare and contrast Lincoln and Obama and make connections about

how the past relives in the present/future. SOCIAL STUDIES BENCHMARKS and STANDARDS: SS.6.W.1.6 Describe how history transmits culture and heritage and

provides models of human character. Utilize historical inquiry skills and analytical processes. SS.7.C.2.13 Examine multiple perspectives on public and current issues.

Evaluate the roles, rights, and responsibilities of United States citizens, and determine methods of active participation in society, government, and the political system.

SS.8. A.1.3 Analyze current events relevant to American History topics through a variety of electronic and print media resources.

Use research and inquiry skills to analyze American History using primary and secondary sources.

SS.8.A.1.5 Identify, within both primary and secondary sources, the author, audience, format, and purpose of significant historical documents.

Use research and inquiry skills to analyze American History using primary and secondary sources. SS.8.A.1.7 View historic events through the eyes of those who were there as shown in their art, writings, music, and artifacts. Use research and inquiry skills to analyze American History using primary and secondary sources. SS.8.A.5.3 Explain major domestic and international economic, military,

political, and socio-cultural evens of Abraham Lincoln‘s presidency.

Examine the causes, course, and consequence of the civil War and Reconstruction including the effects on American peoples.

LANGUAGE ARTS/READING BENCHMARKS:

LA. 6.2.1.9 Explain how ideas, values, and themes of literary work often

reflect the historical period in which it was written. LA. 6 3.5.1 Prepare writing using technology in a format appropriate to

audience and purpose (e.g., manuscript, multimedia). LA. 6.3.4.3 Edit for correct use of punctuation in simple, compound, and

complex sentences, including appositives and appositive phrases, and in cited sources, including quotations for exact words from sources.

LA. 6.2.1.8 Explain how ideas, values, and themes of literary work often reflect the historical period in which it was written.

LA. 7.2.2.3 Organize information to show understanding (e.g., representing main ideas within text through charting, mapping, paraphrasing, summarizing, or comparing/contrasting).

LA. 7.4.2.3 Write specialized informational/expository essays (e.g., prior knowledge, discussion with others, writers notebook, research materials, or other reliable sources) based upon teacher-directed topics and personal interests.

LA. 7.3.3.1 Revise by evaluating the draft for development of ideas and content, logical organization, voice, point of view, word choice, and sentence variation.

LA. 8.2.1.4 Identify and analyze universal themes and symbols across genres and historical periods, and explain their significance.

LA. 8.2.1.5 Develop an interpretation of a selection and support through sustained use of examples and contextual evidence.

LA. 8.2.1.8 Explain how ideas, values, and themes of a literary work often reflect the historical period in which it was written.

Day 1: The Gettysburg Address Read text passages or other references to provide a background on the course of the Civil War and the events preceding the Gettysburg Address. Directed to the website, http://www.loc.gov/exhibits/gadd/gadrft.html, which depicts various drafts of the Gettysburg Address, engage students in discussion. Discuss the difference between a primary and secondary source of history. Ask students to identify the types of sources that can be found in the website. Have students analyze the importance of being able to access primary sources and evaluate the questions being raised on this site. Then have students access the transcription of the version of the Gettysburg Address inscribed on the walls of the Lincoln Memorial in Washington, D.C.

Divide the class into four groups, assigning a section of the Gettysburg Address to each group. In their groups, students will write their questions and ideas about what their section means. Through whole class discussion, address misunderstandings about the document and place emphasis on what was occurring contextually at the time of the Gettysburg Address. Day 2: Letters from Civil War Soldiers Using the website: http://www.civilwarhome.com/letters.htm , students will access letters from soldiers of the Civil War. Based on what they learn from these letters about what the Civil War was like for soldiers, students will write a letter from the perspective of a soldier to a loved one at home. Day 3: Photographs of the Civil War Era Using the website: http://civilwar.si.edu/collections.html, students will select photographs of interest to them, depicting pieces of artwork. The artwork is comprised of pieces that tell about slavery, the Civil War, art, life, and culture during the time of Abraham Lincoln‘s presidency. Students will then write a reflective piece based on the photograph(s), from a perspective other than their own e.g., Lincoln, a slave, Matthew Brady, or someone else that they have been able to learn about through the photographs. Day 4: Lincoln and Obama Access http://www.earthtimes.org/articles/printstory.php?news=240483. Share the article entitled, Lincoln’s 200th Birthday Coincides with Obama Inauguration. Discuss the similarities and differences between these two leaders. What might these two leaders say to each other if they were able to communicate? How might Lincoln‘s legacy influence or frame the posture of President Obama? What beliefs, ideas, and qualities of character do they share? Have students write a reflection paper answering these questions. Students can also work with a partner to create a mock dialogue/interview between President Lincoln and President Obama. Day 5: Emancipation Proclamation Examine the website: http://www.pbs.org/wgbh/aia/part4/4h1549.html Working in small groups, students will discuss the Emancipation Proclamation document and its significance. Use the following questions within small groups:

What was political about Lincoln‘s Emancipation Proclamation?

Did any Confederate states set their slaves free?

What was considered ironic by some about the Proclamation?

How did the proclamation affect black Union soldiers? Regroup as a whole class and share questions and reflections about the document. Then access other related historical documents through http://www.pbs.org/wgbh/aia/part4/4p2967.html and have students reflect on something they have learned related to these documents. After a discussion, students will select a related document by clicking on the bottom of the site page and then write a summary of what they learned.

ASSESSMENT STRATEGY: Use a rubric that is consistent with the writing skills assessed on FCAT for your particular grade level to grade student writing. Student understanding of the historical content and significance of events during the Lincoln‘s presidency can be assessed informally as teachers engage students in dialogue and read their reflections in writing. EXTENSION ACTIVITY: Students select their best work from this week and create a classroom exhibition of Abraham Lincoln to be displayed in the school media center.

Lesson Plans

Senior High School Lessons Celebrating Abraham Lincoln

GRADE LEVEL: Social Studies – High School Grades TITLE: Lincoln: The Civil and Social Impact of Lincoln’s Presidency OBJECTIVES:

1. Create a model for evaluating the validity of historical evidence 2. Read letters from the Federalist Papers in order to identify the powers

of the President of the United States. 3. Examine the effects of secession and Civil War on the office of the

President and specifically on Abraham Lincoln. 4. Examine primary and secondary sources to analyze the presidency of

Abraham Lincoln. 5. Read Supreme Court decisions that challenged the power of the

president and identify Lincoln‘s response. 6. Engage in historical research and critical analysis of the significant

social, economic and political events that took place during Lincoln‘s presidency.

7. Develop a comprehensive understanding of the constitutional issues surrounding President Lincoln‘s decision to suspend habeas corpus during the Civil War.

8. Discuss the relationship between Congress and the President and the more global issues of the role of political dissent during periods of crisis.

SOCIAL STUDIES BENCHMARKS and STANDARDS: SS.912.A.1.2 Utilize a variety of primary and secondary sources to identify

author, historical significance, audience, and authenticity to understand a historical period.

SS.912.A.1.4 Analyze how images, symbols, objects, cartoons, graphs, charts, maps, and artwork may be used to interpret the significance of time periods and events from the past.

SS.912.A.2.1 Review causes and consequences of the Civil War. SS.912.C.2.9 Identify the expansion of civil rights and liberties by

examining the principles contained in primary documents. SS.912.C.1.1 Evaluate, take, and defend positions on the founding ideals

and principles in American Constitutional government. SS.912.C.2.6 Evaluate, take, and defend positions about rights protected

by the Constitution and Bill of Rights.

SS.912.C.2.9 Identify the expansion of civil rights and liberties by examining the principles contained in primary documents.

SS.912.C.3.2 Define federalism, and identify examples of the powers granted and denied to states and the national government in the American federal system of government.

SS.912.C.3.3 Analyze the structures, functions, and processes of the legislative branch as described in Article I of the Constitution.

SS.912.C.3.4 Analyze the structures, functions, and processes of the executive branch as described in Article II of the Constitution.

LANGUAGE ARTS/READING BENCHMARKS:

LA.910.2.1.8 Explain how ideas, values, and themes of literary work often

reflect the historical period in which it was written. LA. 910.3.1.1 Prewrite by generating ideas from multiple sources (e.g.,

brainstorming, notes, journals, discussion, research materials or other reliable sources) based upon teacher-directed topics and personal interests.

LA.910.3.5.1 Prepare writing using technology in a format appropriate to the purpose (e.g., for display, multimedia).

LA.910.4.1.1 Write in a variety of expressive and reflective forms that use a range of appropriate strategies and specific narrative techniques, employ literary devices and sensory description.

LA.910.4.2.3 Write informational/expository essays that speculate on the causes and effects of a situation, establish the connection between the postulated causes or effects, offer evidence supporting the validity of the proposed causes or effects, and include introductory, body, and concluding paragraphs.

LA.910.4.3.1 Write essays that state a position or claim, present detailed evidence, examples, and reasoning to support effective arguments and emotional appeals, and acknowledge and refute opposing arguments.

LA.1112.3.5.1 Prepare writing using technology in a format appropriate to the purpose

LA.1112.4.2.2 Record information and ideas from primary and/or secondary sources accurately and coherently, noting the validity and reliability of these sources and attributing sources of information.

LA.1112.4.3.1 Write essays that state a position or claim, present detailed evidence, examples, and reasoning to support effective arguments and emotional appeals, and acknowledge and refute opposing arguments.

Day 1, 2 and 3 Powers of the U.S. Presidency Have students read Article II of the Constitution of the United States (which describes the power of the Federal Executive Branch of government) and the Federalist Papers, numbers 69 and 70, as well as secondary accounts of the era of Abraham Lincoln‘s presidency. Working in groups, students will develop a description of the powers of the President of the U.S. answering the following essential questions:

Do you believe Lincoln abused his presidential powers? Explain. o If so: What justification did he offer for his decisions? o If not: Did he follow the executive powers outlined in the U.S.

Constitution? Explain.

Use the following sites for Day 1-3: The Constitution: http://www.law.cornell.edu/constitution/constitution.overview.html The Federalist Papers: http://www.constitution.org/fed/dera00.htm Two Overviews of the Presidency: http://www.britannica.com/EBchecked/topic/717803/presidency-of-the-United-States -of-America http://encarta.msn.com/encyclopdia_761571294/president_of_the_united_states.html

Have the groups present their findings in oral group presentations as they relate what they have learned to the applicability of today‘s presidential seat and powers. Day 4, 5 and 6: Debate: Do states have the right to secede? After clarifying the meaning of secession, as the withdrawal from the Union of 11 Southern states in the period 1860–61, which brought on the Civil War, students will engage in a debate. The debate will be based on the resolution that the secession was a violation of the Constitution of the United States.

Useful sites in preparation for this activity: Cornell Law Overview of the Constitution http://www.law.cornell.edu/constitution/constitution.overview.html Abraham Lincoln Biography (Whitehouse.gov) http://www.whitehouse.gov/history/presidents/al16.html

Secession and the Civil War (Digital History) http://www.digitalhistory.uh.edu/historyonline/us19.cfm An Ordinance to Dissolve the Union (The Gilder Lehrman Collection) http://www.gilderlehrman.org/search/display_results.php?id=GLC04483

Abraham Lincoln (The American President) http://millercenter.org/academic/americanpresident/lincoln/essays/biography/4

Day 7 and 8: Panel of Experts Re: Lincoln‘s Compliance with the U.S. Constitution Students will engage in a panel discussion to determine whether Lincoln was in compliance with the U.S. Constitution when he declared war on the seceded states, passed the Second Confiscation Act, and issued the Emancipation Proclamation. Groups of students will be assigned to research one of the aforementioned acts of Lincoln‘s presidency and be prepared to discuss questions about their topic during a panel discussion. The teacher should develop a set of guiding questions for the panel. These questions should also be shared with the groups conducting research so the students can be prepared for the panel discussion.

Useful sites for this activity: Lincoln Responds to Secession (Digital History) http://www.digitalhistory.uh.edu/database/article_display.cfm?HHID=89 Lincoln‘s Declaration of War (Harper‘s Weekly) http://www.sonofthesourth.net/leefoundation/civil-war/1861/april/abraham-lincoln-declaration-war.htm Lincoln‘s Address upon Declaration of War http://facweb.furman.edu/~benson/docs/lincoln.htm Second Confiscation Act http://www.history.umd.edu/Freedmen/contact2.htm http://www.answers.com/topic/first-and-second-confiscation-acts-1861-1862 http://supreme.justia.com/us/78/268/ Emancipation Proclamation http://memory.loc.gov/ammem/alhtml/almintr.html http://www.pbs.org/wgbh/aia/part4/4h1549.html

As a result of student engagement in this panel discussion, students will produce individual essays reflecting on the extent to which Lincoln‘s response to the Civil War altered the power of the Presidency. The guiding question for the essay is:

How did Lincoln ―stretch‖ his presidential powers and what has been the long-term effect of his actions?

Day 9: Lincoln and Habeas Corpus Students will be provided with information regarding Lincoln‘s suspension of Habeas Corpus. The teacher will distribute copies of the following documents found as appendices at the end of this packet

1. First Inaugural Address (excerpts) 2. Abraham Lincoln to Winfield Scott (letter) 3. Abraham Lincoln to Winfield Scott (letter) 4. Ex Parte Merryman and Debates on Civil Liberties During Civil War: A

Short Narrative (summary of issues leading up to arrest)

Working with a partner, students will find a minimum of five websites dealing with the issue of Lincoln‘s suspension of habeas corpus. The purpose of reviewing these websites is to develop pertinent questions and information in preparation for a whole class discussion to be held the following day. Day 10: Civil Liberties in Times of National Crisis Based on research and class discussion and using President Lincoln‘s suspension of habeas corpus as a model, students will consider the following question:

In times of crisis, does the interest of the government in dealing with the crisis outweigh citizens‘ civil liberties?

Students will develop a five-paragraph essay in response to this question as they relate their position to examples of possible or existing present day crisis (e.g., post 9/11 public policies).

Lincoln Bicentennial Essay Contest

Theme: Lincoln, Miami and the American Dream Lincoln‘s life and actions demonstrate his commitment to American democratic ideals and values such as personal freedom and equality of opportunity. One can find many similarities between the values and ideals of Lincoln and the motivational factors that have influenced so many people, past and present, to venture to our nation and our community. This essay contest offers students an opportunity to learn more about the life, values, and contributions of Abraham Lincoln. Lincoln Bicentennial Essay Contest This contest is open to students in Miami-Dade County Public Schools. Students must utilize the appropriate grade prompt which is provided. Final submissions should be of the required length depending on the grade level of the student, and can be handwritten or typed. Teachers can use the pre-writing organizer and the appropriate Florida Writes! scoring rubric found in the appendices of this document to help guide writing instruction and to score the essays. It is anticipated that winning essays will be published in The Miami Herald. Awards will be provided to the first, second, and third place winner in each category. IMPORTANT NOTE:

Depending on the grade configuration of the school, entries for more then one grade level category are permissible. Elementary schools may have entries for grades 1-2 and 3-5. K-8 Centers may have entries in grades 1-2, 3-5, and 6-8. Schools with a grade configuration of 7-9, may have entries in grades 6-8 and 9-12.

Lincoln Bicentennial Essay Contest Writing Prompts

Prompt for Grades 1 and 2: Abraham Lincoln was one of our best presidents because he believed in and lived democratic ideals. Think about one good quality President Abraham Lincoln practiced in his life. Now write to explain how President Lincoln practiced this quality. To the Teacher:

Essays for grades 1-2 should be100 words or less.

Students are also encouraged to illustrate their essay with original artwork.

Essays completed by students in grades 1 and 2 will be judged together. Prompt for Grades 3-5: Abraham Lincoln was one of our greatest presidents because he believed in and lived American democratic ideals, such as freedom, equality, integrity, and honesty. Think about the times in his life when President Lincoln demonstrated several of these ideals. Now write to explain how President Lincoln demonstrated several of these qualities in his life. To the Teacher:

Essays for students in grades 3-5 should be limited to 250 words.

Essays completed by students in grades 3, 4, and 5 will be judged together.

Prompt for Grades 6-8 and 9-12

Abraham Lincoln‘s American ideals and beliefs enabled him to demonstrate the characteristics of an outstanding citizen. After reflecting on what you‘re learned about his life and accomplishments, write to explain how President Lincoln demonstrated the qualities of an outstanding citizen, and how his actions and contributions continue to influence the citizens of our country and our community today. To the Teacher:

The same prompt is being utilized for students in grades 6-8 and 9-12.

Students at the middle and high school levels should be encouraged to cite historical examples to support their arguments.

Essays for students in grades 6-8 should be limited to 500 words.

Essays for students in grades 9-12 should be limited to 750 words.

Lincoln Bicentennial Essay Contest Timeline

All schools are strongly encouraged to participate in the Lincoln Bicentennial Essay contest. The following is the timeline for all schools participating in the Lincoln Bicentennial Essay Contest. The timeline includes successful implementation of the lessons found in this instructional resource packet and the participation of students in the essay contest. Adherence to the timeline is imperative. August 31 – September 16 Program implementation in all classes; i.e.,

read biographies, complete class lessons, outline essays

September 17 – September 21 Write, revise, complete essays for submission September 22 – September 25 Schools score essays September 28 Each school‘s top essay for each grade level

category is delivered to the Regional Center for final judging (Categories: Grades 1-2, Grades 3-5, Grades 6-8, and Grades 9-12)

September 28 Participation Reporting Form is forwarded to

the Division of Social Sciences and Life Skills by all schools via fax (305-995-1492). (See Appendix 11 in this packet.)

September 29 – October 5 Regional Center scores essays from all

schools in the Regional Center

October 5 One winning essay for each grade level category is selected by the Regional Center and delivered or e-mailed to the Division of Social Sciences & Life Skills attn: jdoyle@dadeschools.net

October 9 One winning essay for each grade level

category is selected by a District committee (Categories: Grades 1-2, Grades 3-5, Grades 6-8, and Grades 9-12)

October 14 Essay winners honored at the School Board

Meeting (Tentative)

For further information about the Lincoln Bicentennial Essay contest, please contact the Division of Social Sciences and Life Skills at 305-995-1982.

Appendix 1

First Inaugural Address

Fellow citizens of the United States:

In compliance with a custom as old as the government itself, I appear before you to address you briefly, and to take, in your presence, the oath prescribed by the Constitution of the United States, to be taken by the President "before he enters on the execution of his office."

I do not consider it necessary, at present, for me to discuss those matters of administration about which there is no special anxiety, or excitement.

Apprehension seems to exist among the people of the Southern States, that by the accession of a Republican Administration, their property, and their peace, and personal security, are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed, and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but quote from one of those speeches when I declare that "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Those who nominated and elected me did so with full knowledge that I had made this, and many similar declarations, and had never recanted them. And more than this, they placed in the platform, for my acceptance, and as a law to themselves, and to me, the clear and emphatic resolution which I now read:

"Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes."

I now reiterate these sentiments: and in doing so, I only press upon the public attention the most conclusive evidence of which the case is susceptible, that the property, peace and security of no section are to be in anywise endangered by the now incoming Administration. I add too, that all the protection which, consistently with the Constitution and the laws, can be given, will be cheerfully given to all the States when lawfully demanded, for whatever cause -- as cheerfully to one section, as to another.

There is much controversy about the delivering up of fugitives from service or labor. The clause I now read is as plainly written in the Constitution as any other of its provisions:

"No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."

It is scarcely questioned that this provision was intended by those who made it, for the reclaiming of what we call fugitive slaves; and the intention of the law-giver is the law. All members of Congress swear their support to the whole constitution -- to this provision as much as to any other. To the proposition then, that slaves whose cases come within the terms of this clause, "shall be delivered up," their oaths are unanimous. Now, if they would make the effort in good temper, could they not, with nearly equal unanimity, frame and pass a law, by means of which to keep good that unanimous oath?

There is some difference of opinion whether this clause should be enforced by national or by state authority; but surely that difference is not a very material one. If the slave is to be surrendered, it can be of but little consequence to him, or to others, by which authority it is done. And should any one, in any case, be content that his oath shall go unkept, on a merely unsubstantial controversy as to how it shall be kept?

Again, in any law upon this subject, ought not all the safeguards of liberty known in civilized and humane jurisprudence to be introduced, so that a free man be not, in any case, surrendered as a slave? And might it not be well, at the same time, to provide by law for the enforcement of that clause in the Constitution which guaranties that "The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States?"

I take the official oath to-day, with no mental reservations, and with no purpose to construe the Constitution or laws, by any hypercritical rules. And while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest, that it will be much safer for all, both in official and private stations, to conform to, and abide by, all those acts which stand unrepealed, than to violate any of them, trusting to find impunity in having them held to be unconstitutional.

It is seventy-two years since the first inauguration of a President under our national Constitution. During that period fifteen different and greatly distinguished citizens, have, in succession, administered the executive branch of the government. They have conducted it through many perils; and, generally, with great success. Yet, with all this scope for precedent, I now enter upon the same task for the brief constitutional term of four years, under great and peculiar difficulty. A disruption of the Federal Union heretofore only menaced, is now formidably attempted.

I hold, that in contemplation of universal law, and of the Constitution, the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper, ever had a provision in its organic law for its own

termination. Continue to execute all the express provisions of our national Constitution, and the Union will endure forever -- it being impossible to destroy it, except by some action not provided for in the instrument itself

Again, if the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade, by less than all the parties who made it? One party to a contract may violate it -- break it, so to speak; but does it not require all to lawfully rescind it?

Descending from these general principles, we find the proposition that, in legal contemplation, the Union is perpetual, confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect union."

But if destruction of the Union, by one, or by a part only, of the States, be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State, upon its own mere motion, can lawfully get out of the Union, -- that resolves and ordinances to that effect are legally void; and that acts of violence, within any State or States, against the authority of the United States, are insurrectionary or revolutionary, according to circumstances.

I therefore consider that, in view of the Constitution and the laws, the Union is unbroken; and, to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part; and I shall perform it, so far as practicable, unless my rightful masters, the American people, shall withhold the requisite means, or, in some authoritative manner, direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend, and maintain itself.

In doing this there needs to be no bloodshed or violence; and there shall be none, unless it be forced upon the national authority. The power confided to me, will be used to hold, occupy, and possess the property, and places belonging to the government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion -- no using of force against, or among the people anywhere. Where hostility to the United States, in any interior locality, shall be so great and so universal, as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right

may exist in the government to enforce the exercise of these offices, the attempt to do so would be so irritating, and so nearly impracticable with all, that I deem it better to forego, for the time, the uses of such offices.

The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible, the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection. The course here indicated will be followed, unless current events, and experience, shall show a modification, or change, to be proper; and in every case and exigency, my best discretion will be exercised, according to circumstances actually existing, and with a view and a hope of a peaceful solution of the national troubles, and the restoration of fraternal sympathies and affections.

That there are persons in one section, or another who seek to destroy the Union at all events, and are glad of any pretext to do it, I will neither affirm or deny; but if there be such, I need address no word to them. To those, however, who really love the Union, may I not speak?

Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step, while there is any possibility that any portion of the ills you fly from, have no real existence? Will you, while the certain ills you fly to, are greater than all the real ones you fly from? Will you risk the commission of so fearful a mistake?

All profess to be content in the Union, if all constitutional rights can be maintained. Is it true, then, that any right, plainly written in the Constitution, has been denied? I think not. Happily the human mind is so constituted, that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If, by the mere force of numbers, a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution -- certainly would, if such right were a vital one. But such is not our case. All the vital rights of minorities, and of individuals, are so plainly assured to them, by affirmations and negations guaranties and prohibitions in the Constitution, that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. May Congress prohibit slavery in the territories? The Constitution does not expressly say. Must Congress protect slavery in the territories? The Constitution does not expressly say.

From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the government must cease. There is no other alternative; for continuing the government, is acquiescence on one side or the other. If a

minority, in such case, will secede rather than acquiesce, they make a precedent which, in turn, will divide and ruin them; for a minority of their own will secede from them, whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy, a year or two hence, arbitrarily secede again, precisely as portions of the present Union now claim to secede from it. All who cherish disunion sentiments, are now being educated to the exact temper of doing this. Is there such perfect identity of interests among the States to compose a new Union, as to produce harmony only, and prevent renewed secession?

Plainly, the central idea of secession, is the essence of anarchy. A majority, held in restraint by constitutional checks, and limitations, and always changing easily, with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it, does of necessity, fly to anarchy or to despotism. Unanimity is impossible; the rule of a minority as a permanent arrangement, is wholly inadmissible; so that rejecting the majority principle, anarchy, or despotism in some form, is all that is left.

I do not forget the position assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding in any case upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration, in all parallel cases, by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be over-ruled, and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time the candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal. Nor is there, in this view, any assault upon the court, or the judges. It is a duty, from which they may not shrink, to decide cases properly brought before them; and it is no fault of theirs, if others seek to turn their decisions to political purposes.

One section of our country believes slavery is right, and ought to be extended, while the other believes it is wrong, and ought not to be extended. This is the only substantial dispute. The fugitive slave clause of the Constitution, and the law for the suppression of the foreign slave trade, are each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imperfectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each. This, I think, cannot be perfectly cured; and it would be worse in both cases after the separation of the sections, than before. The foreign slave trade, now imperfectly suppressed, would be ultimately revived without restriction, in one section; while

fugitive slaves, now only partially surrendered, would not be surrendered at all, by the other.

Physically speaking, we cannot separate. We cannot, remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence, and beyond the reach of each other; but the different parts of our country cannot do this. They cannot but remain face to face; and intercourse, either amicable or hostile, must continue between them, Is it possible then to make that intercourse more advantageous or more satisfactory, after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens, than laws can among friends? Suppose you go to war, you cannot fight always; and when, after much loss on both sides, and no gain on either, you cease fighting, the identical old questions, as to terms of intercourse, are again upon you.

This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember, or overthrow it. I can not be ignorant of the fact that many worthy, and patriotic citizens are desirous of having the national constitution amended. While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor, rather than oppose, a fair opportunity being afforded the people to act upon it.

I will venture to add that, to me, the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject, propositions, originated by others, not especially chosen for the purpose, and which might not be precisely such, as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution -- which amendment, however, I have not seen, has passed Congress, to the effect that the federal government, shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments, so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express, and irrevocable.

The Chief Magistrate derives all his authority from the people, and they have conferred none upon him to fix terms for the separation of the States. The people themselves can do this also if they choose; but the executive, as such, has nothing to do with it. His duty is to administer the present government, as it came to his hands, and to transmit it, unimpaired by him, to his successor.

Why should there not be a patient confidence in the ultimate justice of the people? Is there any better, or equal hope, in the world? In our present differences, is either party without faith of being in the right? If the Almighty Ruler

of nations, with his eternal truth and justice, be on your side of the North, or on yours of the South, that truth, and that justice, will surely prevail, by the judgment of this great tribunal, the American people.

By the frame of the government under which we live, this same people have wisely given their public servants but little power for mischief; and have, with equal wisdom, provided for the return of that little to their own hands at very short intervals.

While the people retain their virtue, and vigilance, no administration, by any extreme of wickedness or folly, can very seriously injure the government, in the short space of four years.

My countrymen, one and all, think calmly and well, upon this whole subject. Nothing valuable can be lost by taking time. If there be an object to hurry any of you, in hot haste, to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it. Such of you as are now dissatisfied, still have the old Constitution unimpaired, and, on the sensitive point, the laws of your own framing under it; while the new administration will have no immediate power, if it would, to change either. If it were admitted that you who are dissatisfied, hold the right side in the dispute, there still is no single good reason for precipitate action. Intelligence, patriotism, Christianity, and a firm reliance on Him, who has never yet forsaken this favored land, are still competent to adjust, in the best way, all our present difficulty.

In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you. You can have no conflict, without being yourselves the aggressors. You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to "preserve, protect and defend" it.

I am loath to close. We are not enemies, but friends. We must not be enemies.

Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory, stretching from every battle-field, and patriot grave, to every living heart and hearthstone, all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature. March 4, 1861 From http://www.historyplace.com

Appendix 2

“We Can Not Permanently Prevent Their Action” Letter to General Winfield Scott April 25, 1861

Eleven days after the outbreak of war, federal troops had still not arrived to protect Washington, prompting an anguished Lincoln to exclaim, ―I begin to believe there is not North.‖ To make matters worse, Maryland seemed poised to follow other Southern states out of the Union, a decision that would have completely isolated the capital. Despite the crisis, Lincoln was still expressing reluctance, as of April 25, to block Maryland‘s likely secession.

Lieutenant General Scott Washington, April 25, 1861 My dear Sir: The Maryland Legislature assembles to-morrow at Annapolis; and, not improbably, will take action to arm the people of that State against the United States. The question has been submitted to, and considered by me, whether it would not be justifiable, upon the ground of necessary defense, for you, as commander in Chief of the United States Army, to arrest, or disperse the members of that body. I think it would not be justifiable; nor efficient for the desired object. First, they have a clearly legal right to assemble; and, we can not know in advance, that their action will not be lawful, and peaceful. And if we wait until they shall have acted, their arrest, or dispersion, will not lessen the effect of their action. Secondly, we can not permanently prevent their action. If we arrest them, we can not long to hold them as prisoners; and when liberated, they will immediately re-assemble, and take their action. And, precisely the same if we simply disperse them. They will immediately re-assemble in some other place. I therefore conclude that it is only left to the commanding General to watch, and await their action, which, if it shall be to arm their people against the United States, he is to adopt the most prompt, and efficient means to counteract, eve, if necessary, to bombardment of their cities-and in the extremist necessity, the suspension of the writ of habeas corpus. Your Obedient Servant

Abraham Lincoln

(This letter reproduced from printed primary source found in the book, Lincoln on Democracy by Mario Cuomo and Harold Holzer published by Fordham University Press; Revised Ed (September 1, 2004)

Appendix 3

“Suspend the Writ of Habeas Corpus” Letter to General Winfield Scott April 27, 1861

Two days after instructing General Winfield Scott to do no more than watch and wait in Maryland, Lincoln suspended the privilege of the writ of habeas corpus there. The army proceeded to arrest procession Marylanders, including legislators suspected of willingness to vote the state out of the Union. Maryland did not secede.

April 27, 1861

To the Commanding General of the Army of the United States: You are engaged in repressing an insurrection against the laws of the United States. If a any point on or in the vicinity of the military line, which is now used between the City of Philadelphia and the City of Washington, via Perryville, Annapolis City, and Annapolis Junction, you find resistance which renders it necessary to suspend the writ of Habeas Corpus for the public safety, you, personally or though the officer in command at the point where the resistance occurs, are authorized to suspend that writ. Abraham Lincoln (This letter reproduced from printed primary source found in the book, Lincoln on Democracy by Mario Cuomo and Harold Holzer published by Fordham University Press; Revised Ed (September 1, 2004)

Appendix 4

Ex Parte Merryman

R. B. Taney, Chief Justice April 1861

Arrest of John Merryman and Proceedings Thereon.

1861, May 25 John Merryman, of Baltimore county, Md., was arrested, charged with holding a commission as lieutenant in a company avowing its purpose of armed hostility against the Government; with being in communication with the rebels, and with various acts of treason. He was lodged in Fort McHenry, in command of Gen. Geo. Cadwalader. Merryman at once forwarded a petition to Chief Justice Roger B. Taney, reciting his arrest, and praying for a writ of habeas corpus and a hearing. The writ was issued for the 27th, to which General Cadwalader declined to respond, alleging, among other things, that he was duly authorized by the President of the United States to suspend the writ of habeas corpus for the public safety. May 27, the Chief Justice issued a writ of attachment, directing United States Marshal Bonifant to produce the body of General Cadwalader on Tuesday, May 28th, "to answer for his contempt in refusing to produce the body of John Merryman." May 28th, the Marshal replied that he proceeded to the fort to serve the writ, that he was not permitted to enter the gate, and that he was informed "there was not answer to his writ."

Ex parte John Merryman.

Before the Chief Justice of the Supreme Court of the United States, at Chambers.

The application in this case for a writ of habeas corpus is made to me under the 14th section of the Judiciary Act of 1789, which renders effectual for the citizen the constitutional privilege of the habeas corpus. That act gives to the Courts of the United States, as well as to each Justice of the Supreme Court, and to every District Judge, power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment. The petition was presented to me at Washington, under the impression that I would order the prisoner to be brought before me there, but as he was confined in Fort McHenry, at the city of Baltimore, which is in my circuit, I resolved to hear it in the latter city, as obedience to the writ, under such circumstances, would not withdraw Gen. Cadwalader, who had him in charge, from the limits of his military command.

The petition presents the following case: The petitioner resides in Maryland, in Baltimore county. While peaceably in his own house, with his family, it was at two

o’clock, on the morning of the 25th of May, 1861, entered by an armed force,

professing to act under military orders. He was then compelled to rise from his

bed, taken into custody, and conveyed to Fort McHenry, where he is imprisoned by the commanding officer, without warrant from any lawful authority.

The commander of the fort, Gen. George Cadwalader, by whom he is detained in confinement, in his return to the writ, does not deny any of the facts alleged in the petition. He states that the prisoner was arrested by order of Gen. Keim Pennsylvania, was conducted as a prisoner to Ft. McHenry by his order, and placed in his (Gen. Cadwalader) custody to be there detained by him as a prisoner.

A copy of the warrant, or order, under which the prisoner was arrested, was demanded by his counsel, and refused. And it is not alleged in the return that any specific act, constituting an offense against the laws of the United States, has been charged against him upon oath; but he appears to have been arrested upon general charges of treason and rebellion, without proof, and without giving the names of the witnesses, or specifying the acts, which, in the judgment of the military officer, constituted these crimes. And having the prisoner thus in custody upon these vague and unsupported accusations, he refuses to obey the writ of habeas corpus, upon the ground that he is duly authorized by the President to suspend it.

The case, then, is simply this: A military officer residing in Pennsylvania issues an order to arrest a citizen of Maryland, upon vague and indefinite charges, without any proof, so far as appears. Under this order his house is entered in the night; he is seized as a prisoner, and conveyed to Fort McHenry, and there kept in close confinement. And when a habeas corpus is served on the commanding officer, requiring him to produce the prisoner before a Justice of the Supreme Court, in order that he may examine into the legality of the imprisonment, the answer of the officer is that he is authorized by the President to suspend the writ of habeas corpus at his discretion, and, in the exercise of that discretion, suspends it in this case, and on that ground refuses obedience to the writ.

As the case comes before me, therefore, I understand that the President not only claims the right to suspend the writ of habeas corpus himself, at his discretion, but to delegate that discretionary power to a military officer, and to leave it to him to determine whether he will or will not obey judicial process that may be served upon him.

No official notice has been given to the courts of justice, or to the public, by proclamation or otherwise, that the President claimed this power, and had exercised it in the manner stated in the return. And I certainly listened to it with some surprise, for I had supposed it to be one of those points of constitutional law upon which there is no difference of opinion, and that it was admitted on all hands that the privilege of the writ could not be suspended except by act of Congress.

When the conspiracy of which Aaron Burr was the head became so formidable,

and was so extensively ramified to justify, in Mr. Jefferson’s opinion, the

suspension of the writ, he claimed, on his part, no power to suspend it, but communicated his opinion to Congress, with all the proofs in his possession, in order that Congress might exercise its discretion upon the subject, and determine whether the public safety required it. And in the debate which took place upon the subject, no one suggested that Mr. Jefferson might exercise the power himself, if, in his opinion, the public safety demanded it.

Having, therefore, regarded the question as too plain and too well settled to be open to dispute, if the commanding officer had stated that upon his own responsibility, and in the exercise of his own discretion, he refused obedience to the writ, I should have contented myself with referring to the clause in the Constitution, and to the construction it received from every jurist and statesman of that day, when the case of Burr was before them. But being thus officially notified that the privilege of the writ has been suspended under the orders and by the authority of the President, and believing as I do that the President has exercised a power which he does not possess under the Constitution, a proper respect for the high office he fills requires me to state plainly and fully the grounds of my opinion, in order to show that I have not ventured to question the legality of this act without a careful and deliberate examination of the whole subject.

The clause in the Constitution which authorizes the suspension of the privilege of the writ of habeas corpus is in the ninth section of the first article.

This article is devoted to the Legislative Department of the United States, and has not the slightest reference to the Executive Department. It begins by providing "that all legislative powers therein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." And after prescribing the manner in which these two branches of the legislative department shall be chosen, it proceeds to enumerate specifically the legislative powers which it thereby grants, and legislative powers which it expressly prohibits, and, at the conclusion of this specification, a clause is inserted giving Congress "the power to make all laws which may be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States or in any department or office thereof."

The power of legislation granted by this latter clause is by its word carefully confined to the specific objects before enumerated. But as this limitation was unavoidably somewhat indefinite, it was deemed necessary to guard more effectually certain great cardinal principles essential to the liberty of the citizen and to the rights and equality of the States by denying to Congress, in express terms, any power of legislation over them. It was apprehended, it seems, that such legislation might be attempted under the pretext that it was necessary and proper to carry into execution the powers granted; and it was determined that

there should be no room to doubt, where rights of such vital importance were concerned, and, accordingly this clause is immediately followed by an enumeration of certain subjects to which the powers of legislation shall not extend; and the great importance which the framers of the Constitution attached to the privilege of the writ of habeas corpus, to protect the liberty of the citizen, is proved by the fact that its suspension, except in cases of invasion and rebellion, is first in the list of prohibited powers; and even in these cases the power is denied and its exercise prohibited unless the public safety shall require it. It is true that in the cases mentioned Congress is of necessity the judge of whether the public safety does or does not require it; and its judgment is conclusive. But the introduction of these words is a standing admonition to the legislative body of the danger of suspending it and of the extreme caution they should exercise before they give the Government of the United States such power over the liberty of a citizen.

It is the second article of the Constitution that provides for the organization of the Executive Department, and enumerates the powers conferred on it, and prescribes its duties. And if the high power over the liberty of the citizens now claimed was intended to be conferred on the President, it would undoubtedly be found in plain words in this article. But there is not a word in it that can furnish the slightest ground to justify the exercise of the power.

The article begins by declaring that the Executive power shall be vested in a President of the United States of America, to hold his office during the term of four years, and then proceeds to prescribe the mode of election, and to specify in precise and plain words the powers delegated to him and the duties imposed upon him. And the short term for which he is elected, and the narrow limits to which his power is confined, show the jealousy and apprehensions of future danger which the framers of the Constitution felt in relation to that department of the Government, and how carefully they withheld from it many of the powers belonging to the executive branch of the English Government which were considered as dangerous to the liberty of the subject, and conferred (as that in clear and specific terms) those powers only which were deemed essential to secure the successful operation of the Government.

He is elected, as I have already said, for the brief term of four years, and is made personally responsible, by impeachment, for malfeasance in office. He is, from necessity, and the nature of his duties, the Commander in Chief of the army and navy, and of the militia, when called into actual service. But no appropriation for the support of the army can be made by Congress for a longer term than two years, so that it is in the power of the succeeding House of Representatives to withhold the appropriation for its support, and thus disband it, if, in their judgment, the President used or designed to use it for improper purposes. And although the militia, when in actual service, are under his command, yet the appointment of the officers is reserved to the States, as a security against the use of the military power for purposes dangerous to the liberties of the people, or the rights of the States.

So, too, his powers in relation to the civil duties and authority necessarily conferred on him are carefully restricted, as well as those belonging to his military character. He cannot appoint the ordinary officers of Government, nor make a treaty with a foreign nation or Indian tribe without the advice and consent of the Senate, and cannot appoint even inferior officers unless he is authorized by an act of Congress to do so. He is not empowered to arrest any one charged with an offence against the United States, and whom he may, from the evidence before him, believe to be guilty; nor can he authorize any officer, civil or military, to exercise this power, for the fifth article of the amendments to the Constitution expressly provides that no person "shall be deprived of life, liberty, or property without due process of law;" that is, judicial process. And even if the privilege of the writ of habeas corpus was suspended by act of Congress, and a party not subject to the rules and articles of war was afterwards arrested and imprisoned by regular judicial process, he could not be detained in prison or brought to trial before a military tribunal, for the article in the Amendments to the Constitution immediately following the one above referred to, that is, the sixth article, provides that, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

And the only power, therefore, which the President possesses, where the "life, liberty, or property" of a private citizen is concerned, is the power and duty prescribed in the third section of the second article, which requires "that he shall take care that the laws be faithfully executed." He is not authorized to execute them himself, or through agents or officers, civil or military, appointed by himself, but he is to take care that they be faithfully carried into execution as they are expounded and adjudged by the coordinate branch of the Government to which that duty is assigned by the Constitution. It is thus made his duty to come in aid of the judicial authority, if it shall be resisted by a force too strong to be overcome without the assistance of the Executive arm. But in exercising this power, he acts in subordination to judicial authority, assisting it to execute its process and enforce its judgments.

With such provisions in the Constitution, expressed in language too clear to be misunderstood by any one, I can see no ground whatever for supposing that the President, in any emergency or in any state of things, can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen, except in aid of the judicial power. He certainly does not faithfully execute the laws if he takes upon himself legislative power by suspending the writ of habeas corpus, and the judicial power, also, by arresting and imprisoning a person without due process of law. Nor can any argument be drawn from the nature of sovereignty, or the necessities of government for self-defense, in times of tumult and danger. The Government of the United States is one of delegated and limited powers. It derives it existence and authority altogether from the

Constitution, and neither of its branches: executive, legislative or judicial can exercise any of the powers of government beyond those specified and granted. For the tenth article of the amendments to the Constitution, in express terms, provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people."

Indeed, the security against imprisonment by Executive authority, provided for in the fifth article of the Amendments of the Constitution, which I have before quoted, is nothing more than a copy of a like provision in the English constitution, which had been firmly established before the Declaration of Independence.

Blackstone, in his Commentaries, (1st vol., 137,) states it in the following words:

"To make imprisonment lawful, it must be either by process from the courts of judicature or by warrant from some legal officer having authority to commit to prison."

And the people of the United Colonies, who had themselves lived under its protection while they were British subjects, were well aware of the necessity of this safeguard for their personal liberty. And no one can believe that in framing the Government intended to guard still more efficiently the rights and the liberties of the citizens against executive encroachment and oppression, they would have conferred on the President a power which the history of England had proved to be dangerous and oppressive in the hands of the Crown, and which the people of England had compelled it to surrender after a long and obstinate struggle on the part of the English Executive to usurp and retain it.

The right of the subject to the benefit of the writ of habeas corpus, it must be recollected, was one of the great points in controversy during the long struggle in England between arbitrary government and free institutions, and must therefore have strongly attracted the attention of statesmen engaged in framing a new and, as they supposed, a freer government than the one which they had thrown off by the Revolution. For, from the earliest history of the common law, if a person was imprisoned, no matter by what authority, he had a right to the writ of habeas

corpus, to bring his case before the King’s Bench, and, if no specific offence was

charged against him in the warrant of commitment, he was entitled to be forthwith discharged; and if an offence was charged which was bailable in its character the court was bound to set him at liberty on bail. And the most exciting contests between the Crown and the people of England from the time of Magna Charta were in relation to the privilege of this writ, and they continued until the passage of the statute of 31st Charles 2d, commonly known as the great habeas corpus act.

This statute put an end to the struggle, and finally and firmly secured the liberty of the subject against the usurpation and oppression of the executive branch of the Government. It nevertheless conferred no new right upon the subject, but

only secured a right already existing; for, although the right could not justly be denied, there was often no effectual remedy against its violation. Until the statute of 13 William III., the Judges held their offices at the pleasure of the King, and the influence which he exercised over timid, time-serving and partisan judges, often induced them, upon some pretext or other, to refuse to discharge the party, although entitled by law to his discharge, or delayed their decision, from time to time, so as to prolong the imprisonment of persons who were obnoxious to the King for their political opinions, or had incurred his resentment in any other way.

The great and inestimable value of the habeas corpus act of the 31st Charles II is that it contains provisions which compel courts and judges, and all parties concerned, to perform their duties promptly, in the manner specified in the statute.

A passage in Blackstone’s Commentaries, showing the ancient state of the law

upon this subject, and the abuses which were practiced through the power and

influence of the Crown, and a short extract from Hallam’s Constitutional History,

stating the circumstances which gave rise to the passage of this statute, explain briefly, but fully, all that is material to this subject.

Blackstone, in his Commentaries on the laws of England (3d vol., 133, 134,) says:

"To assert an absolute exemption from imprisonment in all cases is inconsistent with every idea of law and political society, and in the end would destroy all civil liberty, by rendering its protection impossible.

"But the glory of the English law consists in clearly defining the times, the causes, and the extent, when, wherefore, and to what degree the imprisonment of the subject may be lawful. This it is which induces the absolute necessity of expressing upon every commitment the reason for which it is made, that the court upon a habeas corpus may examine into its validity, and, according to the circumstances of the case, may discharge, admit to bail, or remand the prisoner.

"And yet early in the reign of Charles I the Court of King’s Bench, relying on

some arbitrary precedents, (and those perhaps misunderstood) determined that they would not, upon a habeas corpus either bail or deliver a prisoner, though committed without any cause assigned, in case he was committed by the special command of the King or by the Lords of the Privy Council. This drew on a Parliamentary inquiry, and produced the Petition of Right, 3 Chas. I, which recites this illegal judgment, and enacts that no freeman hereafter shall be so imprisoned or detained. But when in the following year Mr. Selden and others

were committed by the Lords of the Council in pursuance of his Majesty’s special

command, under a general charge of notable contempts, and stirring up sedition against the King and the Government, the judges delayed for two terms (including also the long vacation) to deliver an opinion how far such a charge was

bailable. And when at length they agreed that it was, they however annexed a condition of finding sureties for their good behavior, which still protracted their imprisonment; the Chief Justice, Sir Nicholas Hyde, at the same time declaring that if they were again remanded for that cause perhaps the court would not afterward grant a habeas corpus being already acquainted with the cause of the imprisonment. But this was heard with indignation and astonishment by every

lawyer present, according to Mr. Selden’s own account of the matter, whose

resentment was not cooled at the distance of four and twenty years."

It is worthy of remark, that the offenses charged against the prisoner in this case, and relied on as a justification for his arrest and imprisonment, in their nature and character, and in the loose and vague manner in which they are stated, bear a striking resemblance to those assigned in the warrant for the arrest of Mr. Seldon. And yet, even at that day, the warrant was regarded as such a flagrant violation of the rights of the subject that the delay of the time-serving judges to set him at liberty upon the habeas corpus issued in his behalf excited the

universal indignation of the bar. The extract from Hallam’s Constitutional History

is equally impressive and equally in point. It is in vol. 4, p. 14:

"It is a very common mistake, and that not only among foreigners, but many from whom some knowledge of our constitutional laws might be expected, to suppose that this statute of Charles II enlarged in a great degree our liberties, and forms a sort of epoch in their history. But though a very beneficial enactment, and eminently remedial in many cases of illegal imprisonment, it introduced no new principle, nor conferred any right upon the subject. From the earliest records of the English law, no freeman could be detained in prison, except upon a criminal charge or conviction, or for a civil debt. In the former case it was always in his

power to demand of the Court of King’s Bench a writ of habeas corpus ad

subjiciendum directed to the person detaining him in custody, by which he was enjoined to bring up the body of the prisoner, with the warrant of commitment, that the court might judge of its sufficiency, and remand the party, admit him to bail, or discharge him, according to the nature of the charge. This writ issued of right, and could not be refused by the court. It was not to bestow an immunity from arbitrary imprisonment, which is abundantly provided for in Magna Charta, (if indeed it was not more ancient,) that the statute of Charles II was enacted, but

to cut off the abuses by which the Government’s lust of power and servile

subtlety of Crown lawyers had impaired so fundamental a privilege."

While the value set upon this writ in England has been so great that the removal of the abuses which embarrassed its employment have been looked upon as almost a new grant of liberty to the subject, it is not to be wondered at that the continuance of the writ thus made effective should have been the object of the most jealous care. Accordingly, no power in England short of that of Parliament, can suspend or authorize the suspension of the writ of habeas corpus. I quote again from Blackstone (1 Comm., 136:) "But the happiness of our Constitution is, that it is not left to the executive power to determine when the danger of the State

is so great as to render this measure expedient. It is the Parliament only or legislative power that, whenever it sees proper, can authorize the Crown, by suspending the habeas corpus for a short and limited time, to imprison suspected persons without giving any reason for so doing." And if the President of the United States may suspend the writ, then the Constitution of the United States has conferred upon him more regal and absolute power over the liberty of the citizen than the people of England have thought it safe to entrust to the Crown; a power which the Queen of England cannot exercise at this day, and which could not have been lawfully exercised by the sovereign even in the reign of Charles the First.

But I am not left to form my judgment upon this great question from analogies between the English Government and our own, or the commentaries of English jurists, or the decisions of English courts, although upon this subject they are entitled to the highest respect, and are justly regarded and received as authoritative by our courts of justice. To guide me to a right conclusion, I have the Commentaries on the Constitution of the United States of the late Mr. Justice Story, not only one of the most eminent jurists of the age, but for a long time one of the brightest ornaments of the Supreme Court of the United States, and also the clear and authoritative decision of that Court itself, given more than half a century since, and conclusively establishing the principles I have above stated. Mr. Justice Story, speaking in his Commentaries, of the habeas corpus clause in the Constitution, says:

(3 Story, Comm. Const. section 1336):

It is obvious that cases of a peculiar emergency may arise, which may justify, nay, even require, the temporary suspension of any right to the writ. But as it has frequently happened in foreign countries, and even in England, that the writ has, upon various pretexts and occasions, been suspended, whereby persons apprehended upon suspicion have suffered a long imprisonment, sometimes from design, and sometimes because they were forgotten, the right to suspend it is expressly confined to cases of rebellion or invasion, where the public safety may require it. A very just and wholesome restraint, which cuts down at a blow a fruitful means of oppression, capable of being abused in bad times to the worst of purposes. Hitherto no suspension of the writ has ever been authorized by Congress since the establishment of the Constitution. It would seem, as the power is given to Congress to suspend the writ of habeas corpus in cases of rebellion or invasion, that the right to judge whether the exigency had arisen must

exclusively belong to that body." -3 Story’s Com. on the Constitution, section

1,336.

And Chief Justice Marshall, in delivering the opinion of the Supreme Court in the case ex parte Bollman and Swartwout, uses this decisive language, in 4 Cranch, 95:

"It may be worthy of remark, that this act, (speaking of the one under which I am proceeding,) was passed by the First Congress of the United States, sitting under a Constitution which had declared that the privilege of the writ of habeas corpus should not be suspended unless when, in cases of rebellion or invasion, the public safety may require it. Acting under the immediate influence of this injunction, they must have felt with peculiar force the obligation of providing efficient means by which this great constitutional privilege should receive life and activity; for if the means be not in existence, the privilege itself would be lost, although no law for its suspension should be enacted. Under the impression of this obligation they give to all the courts the power of awarding writs of habeas corpus.

And again, in page 101:

"If at any time the public safety should require the suspension of the powers vested by this act in the courts of the United States, it is for the Legislature to say so. That question depends on political considerations, on which the Legislature is to decide. Until the legislative will be expressed, this court can only see its duty, and must obey the laws."

I can add nothing to these clear and emphatic words of my great predecessor.

But the documents before me show that the military authority in this case has gone far beyond the mere suspension of the privilege of the writ of habeas corpus. It has, by force of arms, thrust aside the judicial authorities and officers to whom the Constitution has confided the power and duty of interpreting and administering the laws, and substituted a military government in its place, to be administered and executed by military officers. For at the time these proceedings were had against John Merryman, the District Judge of Maryland the commissioner appointed under the act of Congress the District Attorney and the Marshal, all resided in the city of Baltimore, a few miles only from the home of the prisoner. Up to that time there had never been the slightest resistance or obstruction to the process of any Court or judicial officer of the United States in Maryland, except by the military authority. And if a military officer, or any other person, had reason to believe that the prisoner had committed any offence against the laws of the United States, it was his duty to give information of the fact and the evidence to support it to the District Attorney, and it would then have become the duty of that officer to bring the matter before the District Judge or Commissioner, and if there was sufficient legal evidence to justify his arrest, the Judge or Commissioner would have issued his warrant to the Marshal to arrest him, and, upon the hearing of the party, would have held him to bail, or committed him for trial, according to the character of the offense as it appeared in the testimony, or would have discharged him immediately if there was not sufficient evidence to support the accusation. There was no danger of any obstruction or resistance to the action of the civil authorities, and therefore no reason whatever for the interposition of the military. And yet, under these circumstances, a military officer, stationed in Pennsylvania, without giving any information to the District Attorney, and without any application to the judicial

authorities, assumes to himself the judicial power in the District of Maryland; undertakes to decide what constitutes the crime of treason or rebellion; what evidence (if, indeed, he required any) is sufficient to support the accusation and justify the commitment; and commits the party, without having a hearing even before himself, to close custody in a strongly garrisoned fort, to be there held, it would seem, during the pleasure of those who committed him.

The Constitution provides, as I have before said, that "no person shall be deprived of life, liberty, or property, without due process of law." It declares that "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized." It provides that the party accused shall be entitled to a speedy trial in a court of justice.

And these great and fundamental laws, which Congress itself could not suspend, have been disregarded and suspended, like the writ of habeas corpus, by a military order, supported by force of arms. Such is the case now before me; and I can only say that if the authority which the Constitution has confided to the judiciary department and judicial officers may thus upon any pretext or under any circumstances be usurped by the military power at its discretion, the people of the United States are no longer living under a Government of laws, but every citizen holds life, liberty, and property at the will and pleasure of the army officer in whose military district he may happen to be found.

In such a case my duty was too plain to be mistaken. I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome. It is possible that the officer who has incurred this grave responsibility may have misunderstood his instructions, and exceeded the authority intended to be given him. I shall, therefore, order all the proceedings in this case, with my opinion, to be filed and recorded in the Circuit Court of the United States for the District of Maryland, and direct the clerk to transmit a copy, under seal, to the President of the United States. It will then remain for that high officer, in fulfillment of his constitutional obligation to "take care that the laws be faithfully executed," to determine what measures he will take to cause the civil process of the United States to be respected and enforced.

R. B. Taney,

Chief Justice of the Supreme Court of the United States

Appendix 5

Lincoln's 200th birthday coincides with Obama inauguration - Feature

Posted on : 2008-11-06 | Author : DPA News Category : US

Washington - In an ironic twist, the US will be celebrating the 200th birthday of president Abe Lincoln - the US leader who ended slavery - just weeks after the inauguration of its first black president, Barack Obama. Thus, it's hardly surprising that the theme of Obama's January 20 historic inauguration will be dominated by Lincoln, a president who also took office as the nation faced huge challenges. The announcement was made Wednesday, just a day after Obama's election felled the final racial barrier for non-whites in the US. Senator Dianne Feinstein, chairman of the joint congressional committee on the inauguration, said the theme of the ground-breaking event would be "A New Birth of Freedom." The words are taken from Lincoln's Gettysburg Address, the eloquent commemoration for the dead after the 1863 civil war battle of Gettysburg, the most northern point of the Confederate invasion. Obama summoned Lincoln's ideals in his victory speech Tuesday night in Grant Park, Chicago, recalling that Lincoln was a Republican who worked to heal a country divided by the passions of the war, and insisting that "our union can be perfected." "To all those who have wondered if America's beacon still burns as bright - tonight we proved once more that the true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals: Democracy, liberty, opportunity and unyielding hope," Obama said. Obama has already been compared to Lincoln throughout the campaign. Both men came from the state of Illinois, having served in the Illinois legislature in Springfield, where Obama announced his candidacy in 2007. They share physical qualities as tall, lanky figures. They rose rather quickly from relative obscurity in state politics to the White House. They are known for the oratorical skills. Most importantly, both entered the White House facing the perils of war and other immense problems, such as the financial meltdown that will dominate Obama's attention as he takes the presidential oath. Lincoln, who was born on February 12, 1809, used the phrase "new birth of freedom" as he ended his Gettysburg Address at the war cemetery in the southern Pennsylvania town, a speech that American school children still memorize. After noting the "great task" ahead - the Civil War was only half over and would last another two years, Lincoln called for the country to take "increased devotion" to the cause for which the "honored dead" had fought - "that this nation, under God, shall have a new birth of freedom - and that government of the people, by the people, for the people, shall not perish from the earth." Inaugural themes are traditionally linked to significant historic events in US history. Feinstein said it was "especially fitting to celebrate the words of Lincoln as we prepare to inaugurate the first African-American president of the United States." "At a time when our country faces major challenges at home and abroad, it is appropriate to revisit the words of President Lincoln, who strived to bring the nation together by appealing to 'the better angels of our nature," Feinstein said. When Obama takes the oath of office "he will look across the National Mall toward the Lincoln Memorial, where the sixteenth president's immortal words are inscribed," Feinstein said. She said that some inaugural traditions had changed since Lincoln's time, but the ceremony "continues to symbolize the ideals of renewal, continuity, and unity that he so often expressed."

Appendix 6

Character Frame Use the frame below to organize ideas, record points of emphasis, and

supporting details you may wish to include in your writing.

Character Personality Traits

Actions Which Support Trait

Conversation By or About the

Character (which illustrates

trait)

Appendix 7

PRIMARY RUBRIC For grades K-2

HIGH The paper identified as HIGH responds to the topic and has one clear focus. The paper has a sense of completeness, with ideas flowing logically. There is some extension and development of one or more of those ideas. There will be specific vocabulary and there can be both standard and phonetic spelling. The paper can include errors in grammar, usage, and mechanics. MEDIUM The paper identified as MEDIUM generally attempts to respond to the topic and have a focus. An attempt to organize is evident, but lapses may occur. Some extension and elaboration of the supporting idea/s has been attempted. The paper may include both standard and phonetic spelling. The paper can include errors in grammar, usage, and mechanics but these errors do not prevent comprehension. LOW The paper identified as LOW minimally responds to the topic, may lack focus, and may contain irrelevant or loosely related information. There may be no logical movement through the writing. Ideas may not be supported and will not be extended or elaborated. Frequent errors in grammar, usage, and/or mechanics impede reading. NONSCORABLE The paper identified as NONSCORABLE has not responded to the topic or cannot be read.

Appendix 8 Florida Writes! 4th Grade Writing Rubric

ORGANIZATION

does not

exhibit

organizational

pattern; few, if

any transitional

devices

little evidence

of

organizational

Pattern; may

lack sense of

wholeness

organizational

pattern

attempted;

although some

transitional

devices used,

lapses may

occur

organizational

pattern evident,

although some

lapses may

occur;

demonstrates

some sense of

completeness

has an

organizational

pattern,

although some

lapses may

occur; paper

demonstrates a

sense of

completeness

organizational

pattern

provides a

logical

progression of

ideas; sense of

wholeness/

completeness

SUPPORT

supporting

ideas sparse;

limited or

immature word

choice

support is

inadequate or

illogical;

limited or

immature word

choice

some support

included;

development

lacks specific

and details;

limited,

predictable,

vague word

choice

some

supporting

ideas may

contain

specifics and

details

although

development is

uneven; word

choice is

adequate

adequate

development of

supporting

ideas; word

choice is

adequate, lacks

precision

ample

development of

supporting

ideas; mature

command of

language,

precise word

choice

CONVENTIONS

frequent errors

in sentence

structure and

usage may

impede

communication

; common

words may be

misspelled;

simple

sentence

construction

little variation

in sentence

structure;

frequent errors

in basic

punctuation

and

capitalization;

common words

may be

misspelled

attempt to use

variety in

sentence

structure;

knowledge of

conventions

and usage is

usually

demonstrated;

commonly

used words are

usually spelled

correctly

attempt to use

variety in

sentence

structure;

conventions,

usage, and

spelling are

generally

correct

various

sentence

structures used;

conventions,

usage and

spelling are

generally

correct;

occasional

errors do not

impede communication

various

sentence

structures used;

sentences are

complete

(except for

purposeful

fragments);

subject/verb

agreement and

verb/noun

forms are

generally

correct

Appendix 9 Florida Writes! 8th Grade Writing Rubric

FOCUS

1 may only

minimally

address topic;

fragmentary

listing of ideas

or sentences

2 is related to

topic; includes

extraneous or

loosely related

material

3 is generally

focused on

topic but may

include

extraneous or

loosely related

material

4 is generally

focused on

topic but may

include

extraneous or

loosely related

material

5 focuses on

topic

6 is focused,

purposeful, and

reflects insight

into writing

situation

ORGANIZATION

little evidence

of

organizational

pattern

little evidence

of

organizational

pattern; may

lack sense of

wholeness

organizational

pattern

attempted; may

lack sense of

wholeness

organizational

pattern

apparent;

although some

lapses may

occur; some

sense of

wholeness

organizational

pattern

provides for

progression of

ideas,

although some

lapses may

occur; paper

conveys a

sense of

wholeness

organizational

pattern

provides a

logical

progression of

ideas; sense of

wholeness

SUPPORT

little support;

limited or

inappropriate

word choice

support is

inadequate or

illogical;

limited,

inappropriate,

or vague word

choice

some support

included;

development

erratic; limited

predictable,

vague word

choice

support is

adequate; word

choice is

adequate,

although

development

may be uneven

support is

ample; mature

command of

language;

precision in

word choice

support is

substantial,

specific,

relevant,

concrete, and/or

illustrative;

commitment to

subject; mature

command of

language

CONVENTIONS

gross errors in

sentence

structure and

usage may

impede communication; blatant errors

in conventions;

common words

may be

misspelled

little variation

in sentence

structure; gross

errors in

sentence

structure may

occur;

conventional

errors may

occur; common

words may be

misspelled

little variation

in sentence

structure;

knowledge of

conventions,

mechanics and

usage is

usually

demonstrated;

commonly

used words are

usually spelled

correctly

little variation

in sentence

structure; most

sentences are

complete;

conventions of

mechanics,

usage, and

spelling are

generally

followed

variation in

sentence

structures;

complete

sentences;

conventions of

mechanics,

usage and

spelling are

generally

followed

sentence

structure is

varied;

sentences are

complete

(except for

purposeful

fragments);

conventional

errors are few

(mechanics

usage,

punctuation,

spelling

Appendix 10 Florida Writes! 10th Grade Writing Rubric

FOCUS

1 addresses

topic, may lose

focus with

extraneous or

loosely related

ideas

2 addresses

topic, may lose

focus with

extraneous or

loosely related

ideas

3 writing is

focused; may

contain loosely

related ideas

4 writing is

focused,; few,

if any, loosely

related material

5 writing is

focused

6 writing is

focused and

purposeful,

reflecting

insight into

writing

situation

ORGANIZATION may have

organizational

pattern; may

lack sense of

completeness

organizational

pattern has

beginning,

middle, and

end, but these

elements may

be brief

organizational

pattern is

demonstrated;

may lack

logical

progression of

ideas

organizational

pattern is

apparent and is

strengthened

by use of

transitional

devices

organizational

pattern

provides for

logical

progression of

ideas,

transitional

devices give

sense of

completeness

organizational

pattern

provides for a

logical

progression of

ideas;

transitional

devices give a

sense of

completeness

SUPPORT little

development of

supporting

ideas; may

consist of lists;

word choice is

limited or

inappropriate

and may

obscure

meaning

development of

support may be

erratic and

nonspecific;

ideas may be

repeated; word

choice is

limited, vague,

predictable

development of

support is

uneven; word

choice is

adequate

support is

consistently

developed, but

may lack

specificity;

adequate word

choice

support is

developed

through ample

use of specific

details and

examples;

mature

command of

language

support is

substantial,

specific,

relevant,

concrete;

mature

command of

language;

commitment to

subject

CONVENTIONS frequent and

blatant errors

in conventions

including

errors in

sentence

structure;

common words

misspelled

errors in

conventions

may occur

including

errors in

sentence

structure;

common words

are spelled

correctly

some variation

in sentence

structure;

conventions

are generally

followed

(mechanics,

usage,

punctuation,

spelling)

variation in

sentence

structure is

demonstrated;

conventions

are generally

followed

(mechanics,

usage,

punctuation,

spelling)

variation in

sentence

structures;

conventions

are generally

followed

(mechanics,

usage,

punctuation,

spelling)

sentence

structure is

varied;

Conventional

errors are few

(mechanics,

usage,

punctuation,

,spelling)

Appendix 11 Participation Reporting Form for Lincoln Essay Contest

School Name & W.L.#_____________________________________________ Regional Center___________________________ Principal’s Name______________________ School Phone ______________ Please complete the information on this form and fax to Mr. John R. Doyle, Administrative Director, Division of Social Sciences and Life Skills, at 305-995-1492. All information must be returned no later than September 28, 2009. School Information:

1. Total number of students completing the Celebrating Abraham Lincoln’s Bicentennial essay: Grades 1-2:______________________________________________ Grades 3-5:______________________________________________ Grades 6-8:______________________________________________ Grades 9-12:_____________________________________________

2. Name and grade level of student(s) submitting the winning essay(s):

___________________________________________________________

For clarification, please contact Mr. John R. Doyle at 305-995-1982.

The School Board of Miami-Dade County, Florida, adheres to a policy of nondiscrimination in employment and educational programs/activities and programs/activities receiving Federal financial assistance from the Department of Education, and strives affirmatively to provide equal opportunity for all as required by:

Title VI of the Civil Rights Act of 1964 - prohibits discrimination on the basis of race, color, religion, or national origin.

Title VII of the Civil Rights Act of 1964, as amended - prohibits discrimination in employment on the basis of race, color, religion, gender, or national origin.

Title IX of the Education Amendments of 1972 - prohibits discrimination on the basis of gender.

Age Discrimination in Employment Act of 1967 (ADEA), as amended - prohibits discrimination on the basis of age with respect to individuals who are at least 40.

The Equal Pay Act of 1963, as amended - prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.

Section 504 of the Rehabilitation Act of 1973 - prohibits discrimination against the disabled.

Americans with Disabilities Act of 1990 (ADA) - prohibits discrimination against individuals with disabilities in employment, public service, public accommodations and telecommunications.

The Family and Medical Leave Act of 1993 (FMLA) - requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.

The Pregnancy Discrimination Act of 1978 - prohibits discrimination in employment on the basis of pregnancy, childbirth, or related medical conditions.

Florida Educational Equity Act (FEEA) - prohibits discrimination on the basis of race, gender, national origin, marital status, or handicap against a student or employee.

Florida Civil Rights Act of 1992 - secures for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status.

School Board Rules 6Gx13- 4A-1.01, 6Gx13- 4A-1.32, and 6Gx13- 5D-1.10 - prohibit harassment and/or discrimination against a student or employee on the basis of gender, race, color, religion, ethnic or national origin, political beliefs, marital status, age, sexual orientation, social and family background, linguistic preference, pregnancy, or disability.

Veterans are provided re-employment rights in accordance with P.L. 93-508 (Federal Law) and Section 295.07 (Florida Statutes), which stipulate categorical preferences for employment.

Revised 5/9/09