Lincoln Page #9

slaves are property in the first

place. Of course I don't, never

have, I'm glad to see any man free,

and if calling a man property, or

war contraband, does the trick...

Why I caught at the opportunity.

Now here's where it gets truly

slippery. I use the law allowing

for the seizure of property in a

war knowing it applies only to the

property of governments and

27.

citizens of belligerent nations.

But the South ain't a nation,

that's why I can't negotiate with

'em. So if in fact the Negroes are

property according to law, have I

the right to take the rebels'

property from `em, if I insist

they're rebels only, and not

citizens of a belligerent country?

And slipperier still: I maintain it

ain't our actual Southern states in

rebellion, but only the rebels

living in those states, the laws of

which states remain in force. The

laws of which states remain in

force. That means, that since it's

states' laws that determine whether

Negroes can be sold as slaves, as

property - the Federal government

doesn't have a say in that, least

not yet -

(a glance at Seward,

THEN:
)

- then Negroes in those states are

slaves, hence property, hence my

war powers allow me to confiscate

`em as such. So I confiscated `em.

But if I'm a respecter of states'

laws, how then can I legally free

`em with my Proclamation, as I

done, unless I'm cancelling states'

laws? I felt the war demanded it;

my oath demanded it; I felt right

with myself; and I hoped it was

legal to do it, I'm hoping still.

He looks around the table. Everyone's listening.

LINCOLN (CONT'D)

Two years ago I proclaimed these

people emancipated - "then,

thenceforward and forever free."

But let's say the courts decide I

had no authority to do it. They

might well decide that. Say there's

no amendment abolishing slavery.

Say it's after the war, and I can

no longer use my war powers to just

ignore the courts' decisions, like

I sometimes felt I had to do. Might

those people I freed be ordered

back into slavery? That's why I'd

like to get the Thirteenth

Amendment through the House, and on

28.

its way to ratification by the

states, wrap the whole slavery

thing up, forever and aye. As soon

as I'm able. Now. End of this

month. And I'd like you to stand

behind me. Like my cabinet's most

always done.

A moment's silence, broken by a sharp laugh from Seward.

LINCOLN (CONT'D)

As the preacher said, I could write

shorter sermons but once I start I

get too lazy to stop.

JOHN USHER:

It seems to me, sir, you're

describing precisely the sort of

dictator the Democrats have been

howling about.

JAMES SPEED:

Dictators aren't susceptible to

law.

JOHN USHER:

Neither is he! He just said as

much! Ignoring the courts? Twisting

meanings? What reins him in from,

from...

LINCOLN:

Well, the people do that, I

suppose. I signed the Emancipation

Proclamation a year and half before

my second election. I felt I was

within my power to do it; however I

also felt that I might be wrong

about that; I knew the people would

tell me. I gave `em a year and half

to think about it. And they re-

elected me.

(BEAT)

And come February the first, I

intend to sign the Thirteenth

Amendment.

INT. LINCOLN'S OFFICE, WHITE HOUSE - EARLY AFTERNOON

Nicolay opens the door to the crowded outer office to admit

perpetually worried JAMES ASHLEY, 42, (R, OH). Tad eyes him

from a chair by the window.

29.

Lincoln enters the room with Seward.

LINCOLN:

Well, Mr. Representative Ashley!

Tell us the news from the Hill.

Lincoln shakes his hand and warmly claps the discombobulated

but flattered representative on the shoulder.

JAMES ASHLEY:

Well! Ah! News -

LINCOLN:

Why for instance is this thus, and

what is the reason for this

thusness?

JAMES ASHLEY:

I...

SEWARD:

James, we want you to bring the

anti-slavery amendment to the floor

for debate -

JAMES ASHLEY SEWARD

Excuse me. What? - immediately, and - You are

the amendment's manager, are

you not?

JAMES ASHLEY:

I am, of course - But -

Immediately?

SEWARD:

And we're counting on robust

radical support, so tell Mr.

Stevens we expect him to put his

back into it, it's not going to be

easy, but we trust -

JAMES ASHLEY:

It's impossible. No, I am sorry,

no, we can't organize anything

immediately in the House. I have

been canvassing the Democrats since

the election, in case any of them

softened after they got walloped.

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