How a traditionalist became part of Lincoln's volatile team of rivals

Edward Bates, a founding father of Missouri and leader of the Missouri Whig Party, served as Abraham Lincoln’s attorney general during the American Civil War. The first full biography of Bates in nearly sixty years, Lincoln’s Conservative Advisor reveals a striking portrait of this complex figure in Lincoln’s cabinet.

Author Mark A. Neels begins with Bates’s youth in Virginia and follows him through his political and judicial career, his candidacy as a Republican presidential nominee in 1860, and his appointment to Abraham Lincoln’s cabinet as attorney general. Bates became an essential advisor to the president on key legal, military, and political matters from emancipation to civil liberties and equal rights, and his official opinion on Habeas Corpus would have a permanent effect on presidential authority and separation of powers. When Lincoln drafted the Emancipation Proclamation, Bates found himself at odds with the president and the radical anti-slavery members of the cabinet. But more than simply highlighting the conflict within Lincoln’s administration, Bates’s example lays bare the strong philosophical divisions within the Republican Party during the Civil War era. These divisions were present at the party’s inception, crystallized during the war, and ultimately sparked a political realignment during Reconstruction. Bates was at the center of this divide for most of its existence, and in some cases assisted in its promulgation.

Bates, a fierce opponent of radical Republicanism, embodies the conflict among Republicans over issues of slavery and citizenship. In both judicial and elective office, he was compelled by a sense of duty to defy the populism of President Andrew Jackson and Senator Thomas Hart Benton, and, later, the proslavery forces that threatened to tear the nation apart. Though he had owned slaves, Bates represented at least one enslaved woman’s suit for freedom, released from bondage the people he had enslaved, and aided Lincoln in his efforts to end slavery nationwide. Bates’s opinion on citizenship as attorney general helped pave the way for equal rights. His opinions were not always popular with either his colleagues or the greater populace, but Bates remained true to his conservative principles—a set of values shared by a large swath of Lincoln’s Republican Party—which positioned him as a leading opponent of radical Republicanism during the Reconstruction Era.

Winner, 2017 Missouri Conference on History Book Award

In 1936, Lloyd Gaines’s application to the University of Missouri law school was denied based on his race. Gaines and the NAACP challenged the university’s decision. Missouri ex rel. Gaines v. Canada (1938) was the first in a long line of decisions by the U.S. Supreme Court regarding race, higher education, and equal opportunity. The court case drew national headlines, and the NAACP moved Gaines to Chicago after he received death threats. Before he could attend law school, he vanished.

This is the first book to focus entirely on the Gaines case and the vital role played by the NAACP and its lawyers—including Charles Houston, known as “the man who killed Jim Crow”—who advanced a concerted strategy to produce political change. Horner and Endersby also discuss the African American newspaper journalists and editors who mobilized popular support for the NAACP’s strategy. This book uncovers an important step toward the broad acceptance of racial segregation as inherently unequal.

This is the inaugural volume in the series Studies in Constitutional Democracy, edited by Justin Dyer and Jeffrey Pasley of the Kinder Institute on Constitutional Democracy.