On April 17, 1855 Lincoln filed the case against Spencer, seeking one thousand dollars in damages. One of the main issues at trial was the testimony of defense witnesses from Giles County, Tennessee–the Dungey family home–who claimed to know the family personally and to certify that the Dungeys were considered by the community to be “mixed blooded.” In successfully attacking the evidence, Lincoln pointed out that because none of the witnesses lived within thirty miles of the Dunge home, the information in the depositions had to be based on hearsay. After six months of trial and jury deliberations, a verdict came back in favor of the plaintiff, granting him $600 in damages and another $137.50 in court costs. Although historians have used this case to show Lincoln’s skill in the courtroom and his keen legal mind, when examined a little closer, it reveals something much more profound–the understanding of race in the nineteenth century. Dungey, who had a slightly darker complexion than others in the community, claimed that his family was Portuguese. Lincoln agreed, arguing in court, “My client is not a Negro, though it is a crime to be a Negro [i.e., a crime for a Negro to come to Illinois]–no crime to be born with a black skin. But my client is not a Negro. His skin may not be as white as ours, but I say he is not a Negro . . . I say my client may be a Moor, but he is not a Negro.
Posted on: Mon, 29 Jul 2013 12:18:55 +0000
Trending Topics
Recently Viewed Topics
© 2015