Edward Bates (September 4, 1793 – March 25, 1869) was a lawyer and politician. He represented

Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...

in the

US House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

and served as the

U.S. Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

under President

Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...

. A member of the influential

Bates family The Bates family is an American political and banking family from Maine and Massachusetts whose members include a prominent member of the prestigious Hell Fire Club, the 26th U.S. Attorney General serving under Abraham Lincoln, the second Gover ...

, he was the first

US Cabinet The Cabinet of the United States is a body consisting of the vice president of the United States and the heads of the executive branch's departments in the federal government of the United States. It is the principal official advisory body to th ...

appointee from a state west of the

Mississippi River The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it fl ...

. Born in

Goochland County, Virginia Goochland County is a county located in the Piedmont of the Commonwealth of Virginia. Its southern border is formed by the James River. As of the 2020 census, the population was 24,727. Its county seat is Goochland. Goochland County is includ ...

, in 1814 Bates moved to

St. Louis St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the bi-state metropolitan area, which e ...

, where he established a legal practice. He was appointed as the first attorney general of the state of Missouri in 1820. Over the next 30 years, he won election to a single term in Congress and served in both the

Missouri House of Representatives The Missouri House of Representatives is the lower chamber of the Missouri General Assembly. It has 163 members, representing districts with an average size of 37,000 residents. House members are elected for two-year terms during general elections ...

and the

Missouri Senate The Missouri Senate is the upper chamber of the Missouri General Assembly. It has 34 members, representing districts with an average population of 174,000. Its members serve four-year terms, with half the seats being up for election every two ye ...

, becoming a prominent member of the Whig Party. He also represented Lucy Delaney in a successful

freedom suit Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or ter ...

. After the breakup of the Whig Party in the early 1850s, he briefly joined the American Party before he became a member of the Republican Party. He was a candidate for president at the 1860 Republican National Convention, but Lincoln won the party's nomination. Bates was appointed as attorney general in 1861, at the start of the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...

. He successfully carried out some of the administration's early war policies, but he disagreed with Lincoln on the issue of the Emancipation Proclamation. He did not support full civil and political equality for Blacks. Bates resigned from the Cabinet in 1864 after he had been passed over for a

US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...

appointment. After leaving office, he unsuccessfully opposed the adoption of a new state constitution in Missouri.

Early life

Bates was born in

to Thomas Fleming Bates and his wife, the former Caroline Matilda Woodson (1749-1845). His father was a Goochland County native, having been born on his family's Belmont

plantation A plantation is an agricultural estate, generally centered on a plantation house, meant for farming that specializes in cash crops, usually mainly planted with a single crop, with perhaps ancillary areas for vegetables for eating and so on. The ...

, and served in the local militia, including at the

Siege of Yorktown The Siege of Yorktown, also known as the Battle of Yorktown, the surrender at Yorktown, or the German battle (from the presence of Germans in all three armies), beginning on September 28, 1781, and ending on October 19, 1781, at Yorktown, Virgi ...

at the end of the

American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...

. Like his siblings and others of the planter class, Bates was tutored at home as a boy. When older, he attended Charlotte Hall Military Academy in

Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...

Career

Edward Bates served in the

War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States, United States of America and its Indigenous peoples of the Americas, indigenous allies against the United Kingdom of Great Britain and Ireland, United Kingdom ...

before moving to

Missouri Territory The Territory of Missouri was an organized incorporated territory of the United States that existed from June 4, 1812, until August 10, 1821. In 1819, the Territory of Arkansas was created from a portion of its southern area. In 1821, a southea ...

, in 1814 with his older brother James, who started working as an attorney. Their eldest brother Frederick Bates was already in St. Louis by that time, where he had served as Secretary of the

Louisiana Territory The Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805, until June 4, 1812, when it was renamed the Missouri Territory. The territory was formed out of the ...

and Secretary of the Missouri Territory. Edward Bates studied the law with

Rufus Easton Rufus Easton (May 4, 1774 – July 5, 1834) was an American attorney, politician, and postmaster. He served as a non-voting delegate to the United States House of Representatives from the Missouri Territory prior to statehood. After statehood he b ...

and boarded with his family. Easton was Judge of the Louisiana Territory, the largest jurisdiction in U.S. history since the

Louisiana Purchase The Louisiana Purchase (french: Vente de la Louisiane, translation=Sale of Louisiana) was the acquisition of the territory of Louisiana by the United States from the French First Republic in 1803. In return for fifteen million dollars, or app ...

. After being admitted to the bar, Bates worked as a partner with Easton. In 1817, the two organized the James Ferry, which ran from St. Charles, Missouri to

Alton, Illinois Alton ( ) is a city on the Mississippi River in Madison County, Illinois, Madison County, Illinois, United States, about north of St. Louis, St. Louis, Missouri. The population was 25,676 at the 2020 United States Census, 2020 census. It is a p ...

. Easton had founded the latter town, naming it after his first son Alton.Bruce Adamson, ''For Which We Stand; the Life of Rufus Easton'' Bates's private practice partner was Joshua Barton, who was appointed as the first

Missouri Secretary of State The people below have served as the Secretary of State of the U.S. state of Missouri. List Gallery File:Warren E. Hearnes.jpg, Warren E. Hearnes File:James C. Kirkpatrick.jpg, James C. Kirkpatrick File:Rep Roy Blunt.jpg, Roy Blunt File:Mattb ...

. Barton became infamous for fighting duels on

Bloody Island (Mississippi River) Bloody Island was a sandbar or "towhead" (river island) in the Mississippi River, opposite St. Louis, Missouri, which became densely wooded and a rendezvous for duelists because it was considered "neutral" and not under Missouri or Illinois co ...

. In 1816 Bates was the second to Barton in a duel with Thomas Hempstead, brother of

Edward Hempstead Edward Hempstead (June 3, 1780 – August 10, 1817) was an American lawyer, pioneer, and one of the early settlers in the new Louisiana Purchase in 1805. Born in New London, Connecticut, Hempstead was the delegate in the U.S. House for the Mi ...

, the Missouri Territory's first Congressional representative. The fight ended without bloodshed. Barton was killed in a duel on the island in 1823. Bates's first foray into politics came in 1820, with election as a member of the state's constitutional convention. He wrote the preamble to the state constitution. He was appointed as the new state's Attorney General. In 1822, Bates was elected to the

. He was elected to the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

for a single term (1827–1829). Next, he was elected to the State Senate from 1831 to 1835, then to the Missouri House from 1835. He ran for the

U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

, but lost to

Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

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Salmon Chase Salmon () is the common name for several commercially important species of euryhaline ray-finned fish from the family Salmonidae, which are native to tributaries of the North Atlantic (genus '' Salmo'') and North Pacific (genus ''Oncorhynchu ...

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Gideon Welles Gideon Welles (July 1, 1802 – February 11, 1878), nicknamed "Father Neptune", was the United States Secretary of the Navy from 1861 to 1869, a cabinet post he was awarded after supporting Abraham Lincoln in the 1860 election. Although opposed ...

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William Seward William Henry Seward (May 16, 1801 – October 10, 1872) was an American politician who served as United States Secretary of State from 1861 to 1869, and earlier served as governor of New York and as a United States Senator. A determined oppon ...

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Montgomery Blair Montgomery Blair (May 10, 1813 – July 27, 1883) was an American politician and lawyer from Maryland. He served in the Lincoln administration cabinet as Postmaster-General from 1861 to 1864, during the Civil War. He was the son of Francis Pres ...

poly 1224 479 1298 416 1304 379 1295 329 1325 310 1360 324 1370 359 1371 385 1371 397 1413 425 1422 497 1440 563 1348 555 1232 517 Edward Bates poly 625 555 595 620 699 625 730 550 Emancipation Proclamation poly 120 80 120 300 3 300 3 80 Portrait of Simon Cameron poly 752 196 961 189 948 8 735 10 Portrait of Andrew Jackson Bates became a prominent member of the Whig Party during the 1840s, where his political philosophy closely resembled that of Henry Clay. While a slaveholder, during this time Bates became interested in the freedom suit of

Polly Berry Polly Berry (c.1803–1805 – after 1865) was an African American woman notable for winning two freedom suits in St. Louis, one for herself, which she won in 1843, and one for her daughter Lucy, which she won in 1844. Having acquired the surnam ...

, an enslaved woman who in 1843 gained her freedom decades after having been held illegally for several months in the free state of Illinois. After she gained her freedom, Berry enlisted Bates's support as her attorney in the separate

she filed for her daughter Lucy Ann Berry, then about age 14. According to the principle of ''

partus sequitur ventrem ''Partus sequitur ventrem'' (L. "That which is born follows the womb"; also ''partus'') was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies in the Americas which defined the legal status of children born th ...

'', since the mother had been proved a free woman at the time of her daughter's birth, the court ruled that Lucy was also legally free.Lucy A. Delaney, ''From the Darkness Cometh the Light: or Struggles for Freedom''
St. Louis: J. T. Smith, 1891, Electronic edition, University of North Carolina, accessed 22 Apr 2009 During this time,

Orion Clemens Orion Clemens (July 17, 1825 – December 11, 1897) was the first and only Secretary of the Nevada Territory. His younger brother Samuel Langhorne Clemens became a famous author under the pen name Mark Twain. Early life Born in Gainesboro, Ten ...

, brother of Mark Twain, studied law under Bates. While Bates is considered by some modern scholars as "generally unsympathetic to the cause of African American freedom," he emancipated all of his slaves and had paid for his last former slave's passage to Liberia by 1851. In 1850, President

Millard Fillmore Millard Fillmore (January 7, 1800March 8, 1874) was the 13th president of the United States, serving from 1850 to 1853; he was the last to be a member of the Whig Party while in the White House. A former member of the U.S. House of Represen ...

asked Bates to serve as

U.S. Secretary of War The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of th ...

, but he declined. Charles Magill Conrad accepted the position. At the Whig National Convention in

1852 Events January–March * January 14 – President Louis-Napoléon Bonaparte proclaims a new constitution for the French Second Republic. * January 15 – Nine men representing various Jewish charitable organizations come tog ...

, Bates was considered for nomination as

vice-president A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...

on the party ticket, and he led on the first ballot before losing on the second ballot to

William Alexander Graham William Alexander Graham (September 5, 1804August 11, 1875) was a United States senator from North Carolina from 1840 to 1843, a senator later in the Confederate States Senate from 1864 to 1865, the 30th governor of North Carolina from 1845 to ...

. After the breakup of the Whig Party in the 1850s, Bates briefly joined the

Know-Nothing Party The Know Nothing party was a nativist political party and movement in the United States in the mid-1850s. The party was officially known as the "Native American Party" prior to 1855 and thereafter, it was simply known as the "American Party". ...

but then joined the Republican Party. He was one of the four main candidates for the party's 1860 presidential nomination. Bates initially received support from Horace Greeley, who later switched to support

. The next year, after winning the election, Lincoln appointed Bates

United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

, an office Bates held from 1861 until 1864. Bates was the first Cabinet member to be appointed from a state or territory west of the

Attorney General

There was no Justice Department until 1870. Bates had only a small operation, with a staff of six. The main function was to generate legal opinions at the request of Lincoln and cabinet members, and handle occasional cases before the Supreme Court. The cabinet was full of experienced lawyers who seldom felt the need to ask for his opinions. Bates had no authority over the US Attorneys around the country. The federal court system was handled by the Interior Department; the Treasury handled claims. Most of the opinions turned out by Bates's office were of minor importance. Lincoln gave him no special assignments and did not seek his advice on Suprteme Court appointments. Bates did have a voice on general policy as a cabinet member with a strong political base, but he seldom spoke out. At age 68 he was the oldest high-level Lincoln appointee, and from late 1863 was in poor health. Bates's tenure as Attorney General generally met with mixed reviews. On the one hand, he was important in carrying out some of Lincoln's earlier war policies, including the

arbitrary arrest Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of ...

of southern sympathizers and seditious northerners. On the other hand, as Lincoln's policies became more radical, Bates became increasingly irrelevant. Bates disagreed with Lincoln on

emancipation Emancipation generally means to free a person from a previous restraint or legal disability. More broadly, it is also used for efforts to procure economic and social rights, political rights or equality, often for a specifically disenfranch ...

and the recruitment of blacks into the Union Army. In 1864, Lincoln nominated Salmon P. Chase to be Chief Justice, an office Bates had wanted. Bates then resigned and was succeeded by James Speed, a Kentucky lawyer with

Radical Republican The Radical Republicans (later also known as "Stalwarts") were a faction within the Republican Party, originating from the party's founding in 1854, some 6 years before the Civil War, until the Compromise of 1877, which effectively ended Recon ...

views.

Later years

Bates returned to Missouri after leaving the cabinet. He participated in the conservative struggle over ordinances related to the Missouri constitution of 1865. Bates particularly objected to the "ironclad oath" that was required as a proof of loyalty by residents. He also disapproved of the temporary

disfranchisement Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...

of rebel sympathizers. He wrote seven essays arguing against the constitution, but it was ratified. It was notable for abolishing slavery in the state, passed three weeks before the US Congress proposed the Thirteenth Amendment to abolish slavery in the US. Bates retired from politics, although he commented on political events in the local newspapers. He died in St. Louis in 1869 and was buried at

Bellefontaine Cemetery Bellefontaine Cemetery is a nonprofit, non-denominational cemetery and arboretum in St. Louis, Missouri. Founded in 1849 as a rural cemetery, Bellefontaine is home to a number of architecturally significant monuments and mausoleums such as t ...

Personal life

Bates married Julia Coalter from

South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...

. They had 17 children together. She had come to St. Louis to visit her brother David Coalter and her sister Caroline J. Coalter. Her sister Caroline married Hamilton R. Gamble (another attorney and Unionist), who ultimately became chief justice of the

Missouri Supreme Court The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give ...

.Dennis K. Boman, ''Lincoln's Resolute Unionist: Hamilton Gamble, Dred Scott Dissenter and Missouri's Civil War Governor''
Louisiana State University Press, 2006, pp. 1–7, accessed 26 February 2011 Bates was, for the most part, happy with his large family. His four sons had various roles during the Civil War. His oldest son, Barton Bates, served on the

Supreme Court of Missouri The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to gi ...

during the war.Kenneth H. Winn, ''Missouri Law and the American Conscience: Historic Rights and Wrongs'' (2016), p. 92. Son John C. Bates served in the

US Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...

and later became Army Chief of Staff. Son Fleming Bates fought with the Confederates, under the command of General

Sterling Price Major-General Sterling "Old Pap" Price (September 14, 1809 – September 29, 1867) was a senior officer of the Confederate States Army who commanded infantry in the Western and Trans-Mississippi theaters of the American Civil War. Prior to ...

. This caused tension between the father and this son, and Bates rarely mentioned Fleming in his war-time diary. The youngest son, Charles, was still attending

West Point The United States Military Academy (USMA), also known Metonymy, metonymically as West Point or simply as Army, is a United States service academies, United States service academy in West Point, New York. It was originally established as a f ...

during the war."Cabinet and Vice President: Edward Bates"
''Mr. Lincoln's White House'', The Lincoln Institute, 1999–2011, accessed 4 January 2011

References

External links

Biography of Edward Bates
Lincoln Institute
"Opinion of Attorney General Bates on Citizenship"
(1862), via Archive.org {{DEFAULTSORT:Bates, Edward 1793 births 1869 deaths People from Goochland County, Virginia American people of English descent Lincoln administration cabinet members United States Attorneys General Missouri Democratic-Republicans National Republican Party members of the United States House of Representatives from Missouri Missouri Whigs Missouri Know Nothings Missouri Republicans Candidates in the 1860 United States presidential election Missouri Attorneys General Members of the Missouri House of Representatives Missouri state senators United States Attorneys for the District of Missouri Missouri state court judges Missouri lawyers American slave owners 19th-century American judges Charlotte Hall Military Academy alumni United States Army personnel of the War of 1812 Military personnel from Virginia Union (American Civil War) political leaders People of Missouri in the American Civil War Burials at Bellefontaine Cemetery