Return to Steubenville Stanton's relationship with Benjamin Tappan expanded when Tappan was elected the
United States senator from
Ohio in 1838. Tappan asked Stanton to oversee his law operations, which were based in Steubenville. When his time as county prosecutor was finished, Stanton moved back to the town. Stanton's work in politics also expanded. He served as a delegate at the Democrats'
1840 national convention in
Baltimore, and was featured prominently in
Martin Van Buren's campaign in the
1840 presidential election, which Van Buren lost. Stanton was a member of Steubenville
Freemasons Lodge No. 45 in Steubenville, Ohio. When he moved to Pittsburgh, Stanton became a member of Washington Lodge No. 253 on 25 March 1852 as a charter member. He resigned on 29 Nov. 1859. 1852–1855 In Steubenville, the Stantons welcomed two children. Their daughter, Lucy Lamson, was born in March 1840. Within months of her birth, Lucy was stricken with an unknown illness. Stanton put aside his work to spend that summer at baby Lucy's bedside. She died in 1841. Their son,
Edwin Lamson Stanton, was born in August 1842. The boy's birth refreshed the spirits in the Stanton household after Lucy's death. Unlike Lucy's early years, Edwin was healthy and active. However, grief would return once again to the Stanton household when Mary Stanton was left bedridden by a
bilious fever. Never recovering, she died in March 1844. Stanton's sorrow "verged on insanity", say historians
Benjamin P. Thomas and
Harold M. Hyman. He had Mary's burial attire redone repeatedly, as Stanton demanded she look just as she had when they were wed seven years prior. In the evenings, Stanton would emerge from his room with his eyes filled with tears and frantically search the house with a lamp, all the while asking, "Where is Mary?" Stanton regrouped and began to focus on his cases by the summer. One such case was defending
Caleb J. McNulty, whom Stanton had previously labelled "a glorious fellow". McNulty, a Democrat, was dismissed from his
clerkship of the United States House of Representatives by unanimous vote and charged with
embezzlement when thousands of the House's money went missing. Democrats, fearing their party's disrepute, made clamorous cries for McNulty to be punished, and his conviction was viewed as a foregone conclusion. Stanton, at Tappan's request, came on as McNulty's defense. Stanton brought a motion to dismiss McNulty's indictment. He employed the use of numerous technicalities and, to the shock and applause of the courtroom, the motion was granted, with all charges against McNulty dropped. As every detail of the affair was covered by newspapers around the country, Stanton's name was featured prominently nationwide. After the McNulty scandal, Stanton and Tappan parted ways professionally. Stanton formed a partnership with one of his former students,
George Wythe McCook of the "
Fighting McCooks". At the beginning of the
Mexican–American War, men across the country hastened to enlist in the
United States Army, with McCook among them. Stanton might have enlisted as well, if not for his doctor's fears about his asthma. Instead, Stanton focused on law. His practice was no longer only in Ohio, having expanded to Virginia and Pennsylvania. Stanton concluded that Steubenville would no longer prove adequate as a headquarters and thought Pittsburgh most appropriate for his new base. Stanton was admitted to the bar there by late 1847.
Attorney in Pittsburgh In Pittsburgh, Stanton formed a partnership with a prominent retired judge, Charles Shaler, while maintaining his collaboration with McCook, who had remained in Steubenville after returning from service in the Mexican–American War. Stanton argued several high-profile suits. One such proceeding was
State of Pennsylvania v. Wheeling and Belmont Bridge Company and others in the
United States Supreme Court. The case concerned the
Wheeling Suspension Bridge, the
largest suspension bridge in the world at that time, and an important connector for the
National Road. The bridge's center rose some , but proved to be a nuisance to passing ships with tall smokestacks. With ships unable to clear the bridge, enormous amounts of traffic, trade and commerce would be redirected to
Wheeling, West Virginia, which at the time was still part of Virginia. On August 16, 1849, Stanton urged the Supreme Court to enjoin Wheeling and Belmont, as the bridge was obstructing traffic into Pennsylvania and hindering trade and commerce.
Associate Justice R. C. Grier directed those who were aggrieved by the bridge's operations to go to a lower court, but left an avenue open for Stanton to file for an injunction in the Supreme Court, which he did.
Oral arguments for the
Pennsylvania v. Wheeling and Belmont began on February 25, 1850, which was also when Stanton was admitted to practice in the Supreme Court. Wheeling and Belmont argued that the court lacked jurisdiction over the matters concerning the case; the justices disagreed. The case proceeded, allowing Stanton to exhibit a dramatic stunt, which was widely reported on and demonstrated how the bridge was a hindrance—he had the steamer
Hibernia ram its smokestack into the bridge, which destroyed it and a piece of the ship itself. May 1850 saw the case handed over to
Reuben H. Walworth, the former
chancellor of New York, who returned a vivid opinion in February 1851 stating that the Wheeling Bridge was "an unwarranted and unlawful obstruction to navigation, and that it must be either removed or raised so as to permit the free and usual passage of boats." The Supreme Court concurred; in May 1852, the court ordered in a 7–2 ruling that the bridge's height be increased to . Wheeling and Belmont were unsatisfied with the ruling and asked Congress to act. To Stanton's horror, a bill declaring the Wheeling bridge permissible became law on August 31, effectively overriding the Supreme Court's ruling and authority. Stanton was disgruntled that the purpose of the court—to peacefully decide and remedy disputes between states—had been diminished by Congress.
McCormick v. Manny A by-effect of Stanton's performance in
Pennsylvania v. Wheeling and Belmont was that he was sought after for other prominent cases, such as the
McCormick Reaper patent case of inventor
Cyrus McCormick. In 1831, a young McCormick created a machine to harvest crops. The device was particularly useful in the burgeoning wheat fields of the Western United States. Demand for McCormick's invention grew rapidly, attracting fierce competition, especially from fellow inventor and businessman
John Henry Manny. In 1854, McCormick and his two prominent lawyers,
Reverdy Johnson and Edward M. Dickinson, filed suit against Manny claiming he had infringed on McCormick's patents. McCormick demanded an injunction on Manny's reaper. Manny was also defended by two esteemed lawyers, George Harding and Peter H. Watson.
McCormick v. Manny was initially to be tried in
Chicago, and the two lawyers wanted another attorney local to the city to join their team; the recommended choice was
Abraham Lincoln. When Watson met Lincoln in
Springfield, Illinois, he had a dim first impression of him, but after speaking with Lincoln, Watson saw that he might be a good choice. However, when the venue of the proceedings was transferred to Cincinnati rather than Chicago, and the necessity for Lincoln was negated, Harding and Watson went for their first choice, Edwin Stanton. Lincoln was not made aware that he had been replaced, and still appeared at the proceedings in Cincinnati with his arguments prepared. Stanton's apprehension towards Lincoln was immediate and severe, and he did well to indicate to Lincoln that he wanted him to absent himself from the case. The case proceeded with Harding, Watson and Stanton and Manny's true defenders; Lincoln did not actively participate in the planning or arguing of the case, but stayed in Cincinnati as a spectator. Stanton's role in Manny's legal trio was as a researcher. Though he admitted that George Harding, an established
patent lawyer, was more adept at the scientific aspects of the case, Stanton worked to summarize the relevant jurisprudence and
case law. To win
McCormick v. Manny for Manny, Stanton, Harding and Watson had to impress upon the court that McCormick had no claim to exclusivity in his reaper's use of a divider, a mechanism on the outer end of the cutter-bar which separated the grain. A harvesting machine would not have worked properly without a divider, and Manny's defense knew this. However, to assure a win, Watson opted to use duplicity—he employed a
model maker named
William P. Wood to retrieve an older version of McCormick's reaper and alter it to be presented in court. Wood found a reaper in Virginia, which was built in 1844, one year prior to McCormick's patent being granted. He had a blacksmith straighten the curved divider, knowing that the curved divider in Manny's reaper would not conflict with a straight one in McCormick's reaper. After using a salt and vinegar solution to add rust to where the blacksmith had worked to ensure the antiquity of the machine was undeniable, Wood sent the reaper to Cincinnati. Stanton was overjoyed when he examined the altered reaper and knew the case was theirs. Arguments for the case began in September 1855. In March 1856, Justices
John McLean and
Thomas Drummond delivered a ruling in favor of John Manny. McCormick appealed the decision to the Supreme Court, and
McCormick v. Manny, was, all of a sudden, a political issue, and the matters concerning the case found their way to the floor of Congress. Stanton would later appoint Wood to be superintendent of the military prisons of the District of Columbia during the Civil War.
Second marriage In February 1856, Stanton became engaged to Ellen Hutchinson, 16 years Stanton's junior. She came from a prominent family in the city; her father was Lewis Hutchinson, a wealthy merchant and warehouseman and a descendant of
Meriwether Lewis. They were married on June 25, 1856, at Hutchinson's father's home. Stanton moved to Washington, where Stanton expected important work with the Supreme Court.
Emergence in Washington In Pennsylvania, Stanton had become intimately acquainted with
Jeremiah S. Black, the chief judge in the state's
supreme court. This friendship proved profitable for Stanton when, in March 1857, the recently inaugurated fifteenth president,
James Buchanan, made Black his
attorney general. Black's accession to his new post was soon met with a land claims issue in California. In the
Treaty of Guadalupe Hidalgo that ended the Mexican–American War and gave California to the United States, the United States agreed to recognize valid land grants by Mexican authorities. This was followed by the California Land Claims Act of 1851, which established a board to review claims to California lands. One such claim was made by
Joseph Yves Limantour, a French-born merchant who asserted ownership of an assemblage of lands that included important sections of the state, such as a sizeable part of
San Francisco. When his claims were recognized by the land commissioners, the U.S. government appealed. Meanwhile, Black corresponded with a person named Auguste Jouan, who stated that Limantour's claims were invalid and that he, under Limantour's employ, forged the date listed on one of the approved grants. Black needed an individual loyal to the Democratic Party and to the Buchanan administration, who could faithfully represent the administration's interests in California; he chose Stanton. Ellen Stanton loathed the idea. In California, Edwin would be thousands of miles away from her for what was sure to be months, leaving her lonely in Washington, where she had few friends. Moreover, on May 9, 1857, Ellen had a daughter whom the Stantons named Eleanor Adams. After the girl's delivery, Ellen fell ill, which frightened Edwin and delayed his decision to go to California. In October 1857, Stanton finally agreed to represent the Buchanan administration's interests in California. Having agreed to a compensation of $25,000, (~$ in ) Stanton set sail from
New York City on February 19, 1858, aboard the
Star of the West, along with his son Eddie, James Buchanan III, the president's nephew, and Lieutenant H. N. Harrison, who was assigned to Stanton's detail by the Navy. After a tempestuous voyage, the company docked in
Kingston, Jamaica, where slavery was disallowed. On the island, the climate pleased Stanton greatly, and at a church there, Stanton was surprised to see blacks and whites sitting together. Afterwards, Stanton and his entourage landed in
Panama and left there on a ship three times larger than the one on which they came, the
Sonora. On March 19, the company finally docked in San Francisco and bunkered at the International Hotel. Stanton took to his work with haste. In aid of his case, Stanton, along with his entire party and two clerks, went about arranging disordered records from California's time under Mexico. The "Jemino Index" that he uncovered gave information on land grants up to 1844, and with the assistance of a Congressional act, Stanton unearthed records from all over the state pertaining to Mexican grants. Stanton and company worked for months sorting the land archives; meanwhile, Stanton's arrival in California produced gossip and scorn from locals, especially from those whose land claims would be in jeopardy should Stanton's work prove victorious. Further, President Buchanan and Senator Douglas were wrestling for control of California, and Stanton was caught in the crosshairs, resulting in a defamatory campaign against Stanton by Douglas' supporters. The campaign disheartened Stanton, but barely distracted him. Limantour had built up a speciously substantial case. He had accrued a preponderance of ostensibly sound evidence, such as witness testimony, grants signed by
Manuel Micheltorena, the Mexican governor of California prior to cessation, and paper with a special Mexican government stamp. However, Auguste Jouan's information was instrumental in Stanton's case. According to Jouan, Limantour had received dozens of blank documents signed by Governor Micheltorena, which Limantour could fill in as he willed. Further, Jouan had bored a hole in one of the papers to erase something, a hole that was still present in the document. Stanton also acquired letters that explicitly laid out the fraud, and stamps used by customs officials, one authentic and the other fraudulent. The fraudulent one had been used eleven times, all on Limantour's documents. When Stanton sent to the Minister of the Exterior in Mexico City, they could not locate records corroborating Limantour's grants. In late 1858, the land commission denied Limantour's claims, and he was arrested on perjury charges. He posted a $35,000 bail and left the country. As 1858 drew to a close, and Stanton prepared to return home, Eddie became sick. Whenever Stanton made arrangements to leave California, his son's condition grew worse. Edwin had written Ellen as often as he could as her anxiety and loneliness increased in Washington. She criticized him for leaving her in the town alone with young "Ellie". January 3, 1859, saw Stanton and company leave San Francisco. He was home in early February. In the nation's capital, Stanton advised President Buchanan on
patronage, and helped Attorney General Black extensively, even being mistaken for an Assistant Attorney General. Nonetheless, Stanton's affairs in Washington paled in comparison to the excitement he had experienced on the other side of the country—at least until he found himself defending a man who had become fodder for sensationalists and gossipers around the country.
Daniel Sickles trial Daniel Sickles was a member of the
United States House of Representatives from New York. He was married to
Teresa Bagioli Sickles, the daughter of composer
Antonio Bagioli. Sickles' wife had begun an
affair with
Philip Barton Key, the
United States attorney for the District of Columbia and the son of
Francis Scott Key, writer of
The Star-Spangled Banner. On Sunday, February 27, 1859, Sickles confronted Key in
Lafayette Square, declaring, "Key, you scoundrel, you have dishonored my home; you must die", then shot Key to death. Sickles then went to the home of Attorney General Black and admitted his crime. The subsequent Thursday he was charged with murder by a
grand jury. The Sickles affair gained nationwide media attention for both its scandalous nature and its proximity to the White House. Soon, the press speculated that Daniel Sickles' political esteem was due to an affair between his wife and President Buchanan. Prominent criminal lawyer
James T. Brady and his partner, John Graham, came to Sickles' defense, and solicited Stanton to join their team. Arguments for the trial began on April 4. The prosecution wanted to advance the theory that Sickles had also committed adultery and did not pay very much mind to his wife or her activities. When the judge disallowed this, the prosecution opted instead to highlight the heinous nature of Sickles' murder, and not address his reasons for committing the crime. Sickles' defense countered that Sickles had suffered from a temporary bout of insanity, the first successful such instance of an
insanity plea in American jurisprudence. The events in the courtroom during the trial were nothing if not dramatic. When Stanton delivered closing arguments, stating that marriage is sacred and that a man should have the right to defend his marriage against those who chose to defile the purity of the sacrament, the courtroom erupted in cheers. A law student described Stanton's argument during the trial, "a typical piece of Victorian rhetoric, an ingenious thesaurus of aphorisms on the sanctity of the family." The jury in the case deliberated for just over an hour before declaring Sickles not guilty. The judge ordered Sickles' release from arrest. Outside the courthouse, Sickles, Stanton and company met a throng of individuals in adulation of the victory. ==Early work in politics (1860–1862)==