An Inconvenient Truth About Lincoln (That You Won't Hear from Hollywood)
Over this Thanksgiving week, you may find yourself in a movie theater watching Steven Spielberg’s treatment of Abraham Lincoln and the battle to pass the 13th Amerndment, which abolished slavery once and for all. There’s much to be said for Lincoln: marvelous acting, less mythologizing than usual, and a fascinating window into raucous realpolitik. Spielberg’s film stands several cuts above any movie depiction of the Lincoln presidency you’re likely to see.
Lincoln himself stands several cuts above the vast majority of U.S. presidents. After some equivocating, he freed the slaves, a monumental undertaking that was a service to the country and to humanity in general. He was also friendlier to workers than most presidents, an affinity noted by Karl Marx, who exchanged letters with Lincoln leading up to and during the Civil War. (You won’t see the GOP acknowledging that!)
But there’s a side of Lincoln that no Hollywood film shows clearly: He was extremely close to the railway barons, the most powerful corporate titans of the era.
Liberals are fond of referring to Lincoln's concern about corporate power, summed up in a letter he is often claimed to have written to Col. William F. Elkins in November 1864:
"I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country....corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed."
Lincoln’s observation is prescient. But here’s the inconvenient truth: Some of the most powerful corporations of his time were wildly enriched by having a friend in one Abraham Lincoln.
This friendship goes back to Lincoln’s early days as a scrappy young lawyer. After being admitted to the bar in 1837, he hopped around and finally landed in Springfield, Illinois in the law practice of William H. Herndon in 1844. Like any young lawyer, he had to hustle to handle enough cases to live comfortably. And, like most young lawyers, he went where the money was. And the money was in the burgeoning railroad industry.
In 1851, Lincoln tried his first major railroad case, representing the Alton & Sangamon Railroad before the Illinois Supreme Court. The defendant had bought stock on the belief that railroad lines would run near his home and give his property value a boost. Unfortunately for him, the Illinois legislature subsequently amended the company’s charter and changed the route so that it no longer ran near his land. The defendant refused further payments to the railroad company, arguing that the original contract was altered and thus nullified.
Lincoln argued otherwise, and convinced the Supreme Court. His victory was a big deal and set a precedent that was evoked throughout the rest of the century. The railroad industry was deeply impressed. Lincoln’s career as a railroad lawyer took off.
Through Lincoln’s skilled legal arguments, the railroad barons increased their wealth and a lot of others got the short end of the stick. Land owners were sharply limited in the compensation they could receive when a right-of-way was granted over their property for a railroad line. As historian James W. Ely Jr. has documented, Lincoln proposed that the supposed “offsetting benefits” of such lines could be held against claims of damages. In other words, a farmer could be told that he would benefit from the railroad line, and was therefore entitled to less compensation when a track ran across his field. This assumed benefit was highly speculative. Often estimates turned out to be way off-base. The offsetting-of-benefits argument was held by many to be grossly unfair and became deeply unpopular. But it was great for the railroad barons, and sparked increased railroad development.