Democrats Distort History On The 1864 Vacancy

Democrats Claim Abraham Lincoln Didn’t Fill A Supreme Court Vacancy Arising Before The 1864 Election Because It Wasn’t ‘The Right Thing To Do’

SEN. KAMALA HARRIS (D-CA): “In 1864, one of the, I think political heroes, certainly of the president, I assume of you also, Mr. Vice President, is Abraham Lincoln. Abraham Lincoln was up for re-election and it was 27 days before the election and a seat became open on the United States Supreme Court. Abraham Lincoln's party was in charge not only of the White House, but the Senate. But Honest Abe said it's not the right thing to do.” (Sen. Harris, Vice Presidential Debate, 10/07/2020)

SEN. AMY KLOBUCHAR (D-MN): “And the best precedent that we really have is when Abraham Lincoln was president and it was the closest in time that we have had in history to this, when a justice died closest to the election, and he waited until after the election to make the selection.” (U.S. Senate Judiciary Committee Markup, 10/15/2020)

Contrary To Sens. Harris and Klobuchar’s False Claims, Lincoln Waited Because He Wanted To Use The Vacancy As An Incentive To Strengthen His Political Support And Encourage Aspirants To Campaign On His Behalf

“On October 12, 1864, Chief Justice Roger B. Taney died. Lincoln believed that in naming Taney's successor he was making a choice that could have profound practical and political consequences for his second term. Lincoln also realized that the naming of the country's fifth Chief Justice was a momentous historical event as the new Chief would continue the powerful role established by Marshall and Taney.” (Michael A. Kahn, “Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at His Craft,” Journal of Supreme Court History, 1997, Vol. II)

“Taney's death instantly energized campaigns for several aspirants for the job including William M. Evarts of New York, Justice Swayne of Ohio, Montgomery Blair of Maryland' and, ex-Secretary of the Treasury Salmon P. Chase. … Once again, Lincoln was inundated with advice that he immediately appoint each one of these men and many others including Secretary of War Edwin M. Stanton and Attorney General Edward Bates (who asked the President for the appointment "as the crowning retiring honor of my life" by letter of October 13, 1864). As ever, Lincoln was the shrewd politician and in October of 1864 he saw no profit in alienating any of the factions of his political support by making a selection before the election. There is no evidence that he seriously considered announcing his choice before he was re-elected.” (Michael A. Kahn, “Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at His Craft,” Journal of Supreme Court History, 1997, Vol. II)

“Lincoln was not, however, above using the enticement of the office to encourage campaigning on his behalf. The highest prize in that regard was the active political support of Salmon P. Chase, the former Senator, governor, Secretary of the Treasury, and presidential candidate and a towering figure in the country. In the apt analysis of historian David Donald, after Taney's death in October 1864 Chase took the ‘cue’ and stumped for Lincoln throughout the Midwest in marked contrast to his earlier maneuverings in 1864 to replace Lincoln as President (Of course, Chase's unusual behavior did not go unnoticed and rumors of a bargain surfaced.)” (Michael A. Kahn, “Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at His Craft,” Journal of Supreme Court History, 1997, Vol. II)

• “So Lincoln, from the time of his first election, adopted the strategy of attempting to harness and co-opt Chase's political and personal power to use in his own causes. This strategy worked well enough until December 1864 as Lincoln manipulated Chase into serving his purposes in the Cabinet and in the re-election campaign.” (Michael A. Kahn, “Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at His Craft,” Journal of Supreme Court History, 1997, Vol. II)

Further, When The Vacancy Opened In October 1864, The Senate Was Not In Session, So A New Justice Could Not Have Been Confirmed Until It Reconvened In December

Chief Justice Roger Taney died on October 12, 1864. But the Senate had adjourned the 1^st Session of the 38^th Congress on July 4^th of that year and did not reconvene until the 2^nd Session began on December 5, 1864. President Lincoln nominated Salmon P. Chase to the vacancy the very next day. (“Justices 1789 to Present,” U.S. Supreme Court Website, Accessed 10/13/2020; “Dates of Sessions of the Congress,” U.S. Senate Website, Accessed 10/13/2020; “Supreme Court Nominations (1789-Present),” U.S. Senate Website, Accessed 10/13/2020)

Lincoln’s Nomination Of Salmon Chase As Chief Justice Was Unanimously Confirmed On The Day It Was Received

“Lincoln was re-elected on November 8, 1864. Congress and the Supreme Court were set to reconvene during the first week in December. … Then, with startling suddenness, Lincoln sent Chase's name to the Senate on December 6, 1864. Lincoln did so with no advance notice. Even his closest advisors were uninformed before Lincoln put pen to paper and wrote, ‘I nominate Salmon P. Chase of Ohio to be chief justice of the Supreme Court of the United States, vice Roger B. Taney, deceased.’” (Michael A. Kahn, “Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at His Craft,” Journal of Supreme Court History, 1997, Vol. II)

• “In December 1864 Lincoln looked beyond the war and saw a troubled time during which the radicals in the Senate would need to be pacified and the courts would need to cooperate in the healing efforts. The choice of Chase as Chief Justice was far and away the best way -in Lincoln's mind—of mollifying and co-opting the radicals, of neutralizing (or at least silencing) Chase himself, a potentially dangerous and rancorous political enemy, and of providing leadership within the judiciary to promote administration efforts to preserve the Union in war and peace. The selection of Chase advanced every political and ideological goal that Lincoln was pursuing in December 1864. Therefore, Lincoln swallowed his personal qualms about Chase and allowed his arrogant and obstinate rival the glory that he craved.” (Michael A. Kahn, “Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at His Craft,” Journal of Supreme Court History, 1997, Vol. II)

“Once again, Lincoln was proven (at least during his lifetime) correct. Chase's nomination was unanimously confirmed on the day it was received and lavishly praised in the press. On December 15, 1864, Chase was installed as Chief Justice.” (Michael A. Kahn, “Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at His Craft,” Journal of Supreme Court History, 1997, Vol. II)