Levi Lincoln Sr.
Posthumous Portrait byJames Sullivan Lincoln, 1865
ActingGovernor of Massachusetts
In office December 10, 1808 – May 1, 1809
Preceded by	James Sullivan
Succeeded by	Christopher Gore
7thLieutenant Governor of Massachusetts
In office May 29, 1807 – May 1, 1809
Governor	James Sullivan
Preceded by	Edward Robbins
Succeeded by	David Cobb
4thUnited States Attorney General
In office March 5, 1801 – March 3, 1805
President	Thomas Jefferson
Preceded by	Charles Lee
Succeeded by	John Breckinridge
ActingUnited States Secretary of State
In office March 5, 1801 – May 1, 1801
President	Thomas Jefferson
Preceded by	John Marshall
Succeeded by	James Madison
Member of theU.S. House of Representatives fromMassachusetts's4th district
In office December 15, 1800 – March 5, 1801
Preceded by	Dwight Foster
Succeeded by	Seth Hastings
Personal details
Born	Levi Lincoln (1749-05-15)May 15, 1749 Hingham,Massachusetts Bay,British America
Died	April 14, 1820(1820-04-14) (aged 70) Worcester,Massachusetts,U.S.
Political party	Democratic-Republican
Spouse	Martha Waldo
Children	10, includingLevi andEnoch
Education	Harvard University (BA)
Signature
Military service
Allegiance	United States
Branch/service	Massachusetts militia
Battles/wars	Siege of Boston

Levi Lincoln Sr. (May 15, 1749 – April 14, 1820) was an American revolutionary, lawyer, and statesman fromMassachusetts. ADemocratic-Republican, he most notably served asThomas Jefferson's firstattorney general, and played a significant role in the events that led to the celebratedMarbury v. Madison court case. He served two terms as thelieutenant governor of Massachusetts, acting asgovernor for the remainder of GovernorJames Sullivan's term after his death in December 1808. Lincoln was unsuccessful in his bid to be elected governor in his own right in 1809.

Born inHingham, Massachusetts, Lincoln was educated atHarvard, and studied law withJoseph Hawley before establishing a law practice inWorcester, Massachusetts. He was active in local politics, and participated in the convention that drafted theMassachusetts Constitution in 1779. He supportedQuock Walker, a former slave seeking confirmation of his freedom under that constitution in 1783. He entered national politics with his election to theUnited States House of Representatives in 1800, but was immediately tapped by Jefferson to become Attorney General. Lincoln served Jefferson as a consultant on the politics ofNew England, and was influential in the distribution of patronage in the region. He served on a commission that resolved claims emanating from theYazoo land scandal inGeorgia, and advised Jefferson on matters related to theLouisiana Purchase.

He returned to Massachusetts, where he remained politically active in the state. He established Republican dominance in Worcester, even though the state was dominated byFederalists. He was elected lieutenant governor under James Sullivan in 1807, but failed to win election in his own right in 1809 in a highly partisan election. He retired from politics in 1811, declining nomination to theSupreme Court because of his health.

Lincoln was born inHingham, Massachusetts, on May 15, 1749, to Enoch and Rachel (Fearing) Lincoln. His father first apprenticed him to a localblacksmith, but the boy's lack of interest in that business and clear interest in reading led to his eventual enrollment inHarvard College. He graduated in 1772, and studied law underJoseph Hawley inNorthampton. When news of theBattles of Lexington and Concord reached Northampton, he volunteered for military service, but only served for a short time, marching with the local militia toCambridge, where militia werebesieging British-occupied Boston.^[1]

Lincoln did not stay long, and soon returned to Northampton, where he passed the bar. He established a practice inWorcester in 1775, where his business flourished because most of the Worcester lawyers had beenLoyalist and had fled to Boston.^[2] From 1775 to 1781, he served as clerk of the court and probate judge ofWorcester County, and served the town of Worcester in a variety of posts into the 1790s. He was elected in 1779 to thestate convention that drafted thestate constitution.^[3] During these years, Lincoln rose in prominence to become one of the largest landowners in Worcester.^[4] He was a charter member of theAmerican Academy of Arts and Sciences in 1780.^[5]

In 1781, Lincoln was one of the lawyers (another was Northampton lawyer and future governorCaleb Strong) who worked on a series of legal cases surroundingQuock Walker, a former slave seeking to claim his freedom. One of the cases,Commonwealth of Massachusetts v. Nathaniel Jennison, firmly established thatslavery was incompatible with the new state constitution. Although the decision by JusticeWilliam Cushing was based on the state constitution's language "all men are born free and equal", Lincoln in his arguments had instead appealed to natural law and God's law.^[7] He was also elected to theContinental Congress in 1781, but declined to serve. Lincoln was elected to theMassachusetts House of Representatives in 1796, and to both the House andState Senate in 1797; he chose to sit in the Senate.^[8]

At first a weakFederalist, Lincoln became more closely associated with theJeffersonianDemocratic-Republican Party. He repeatedly ran for election to theUnited States House of Representatives in three consecutive elections in the 1790s (1794,^[9] 1796,^[10] and 1798^[11]), losing each time to FederalistDwight Foster.^[12] Foster was elected to theSenate in a special election in early 1800, opening his House seat; after a series of special elections (in most of which Lincoln won a plurality but not the required majority of votes), Lincoln was finally elected to the seat in December 1800.^[13] His service was brief: on March 5, 1801, President Jefferson appointed himattorney general, an office he held until March 1805. Jefferson's choice of Lincoln was supported by his close advisor and eventualTreasury Secretary,Albert Gallatin, who described Lincoln as "a good lawyer, a fine scholar, a man of great discretion and sound judgment" and a "sound and decided Republican".^[14]

Since the post of Attorney General was then part-time, Lincoln spent most of his time in that office in Worcester, advancing the Democratic-Republican cause. In addition to distributing federal patronage dollars, he frequently reported to Jefferson on political sentiment in New England, and advocated for Republican positions in the newspapers. In 1801, he founded theNational Aegis, a newspaper dedicated to advancing Republican arguments and countering Federalist positions printed in other Massachusetts publications. During his years as Attorney General, the Democratic-Republicans successfully gained control of most of Worcester's political establishment, even while much of Massachusetts (including Worcester County) remained generally Federalist.^[15] Lincoln was regularly the subject of unflattering partisan newspaper reporting, as well as sermons delivered by influential Congregational ministers. The negative sermonizing prompted Lincoln to publish a pamphlet entitledLetters to the People, by a Farmer in 1802, in which he lambasted the Federalists for politicizing the clergy. ReverendWilliam Bentley observed that Lincoln's criticism was a serious blow: "[N]ever did the Clergy suffer a more serious diminution of their influence and of their power."^[16]

When Jefferson took office, he moved as quickly as possible to fill his cabinet positions. Although he had askedJames Madison to be hissecretary state, Madison did not arrive in Washington until May 1, 1801, because of illness. In the interim, Jefferson asked Lincoln to act temporarily as Secretary of State, which he did from March 5, 1801, until Madison assumed his duties on May 2.^[17] During this time, Lincoln was involved in actions that led to the celebratedMarbury v. Madison case concerningjudicial review. In the later days of theJohn Adams administration, the President issued a large number of commissions, some of which had not been delivered byJohn Marshall, his Secretary of State, at the time Jefferson assumed office. Jefferson ordered Lincoln (in his capacity as acting Secretary of State) and then Madison (after his assumption of the position) not to deliver these commissions.

Some intended recipients of the commissions,William Marbury among them, filed a suit in theUnited States Supreme Court to compel their delivery. In his role as Attorney General, Lincoln was present at the preliminary hearing on the case, representing Madison. When the case was heard (ironically by a court headed by John Marshall, the preparer of the commissions), Lincoln was called to the stand by Marbury's attorney, former Attorney GeneralCharles Lee. Rather than answer Lee's questions, Lincoln invoked bothexecutive privilege and theFifth Amendment, requesting the opportunity to consider whether or not to answer the questions. The justices granted him time but made it clear that he must answer the questions or clearly justify his objections to specific written questions. When Lincoln returned the next day, he answered all of the posed questions but one. Asked "[w]hat had been done with the commissions," Lincoln refused to answer directly, only stating that he did not know if Madison ever received them.^[18] The opposition press criticized Lincoln for the performance, writing that he "was asked a simple question, but could not answer it until they gave it to him in writing,... and then he made out to remember that he had forgot all about it".^[19]

During the 1790s, politicians and land speculators inGeorgia perpetrated fraudulent and corrupt land sales in an area that is now a large portion ofAlabama andMississippi. When the fraud was exposed in 1795, there was significant public outcry, and the Georgia legislation authorizing the sales was repealed.^[20] This led to a host of claims and litigation, since in a number of cases, land was afterward resold to unsuspecting third parties. President Jefferson eventually established a three-person commission to resolve conflicting claims arising from the fraud. Lincoln was appointed to this commission, which developed legislation to resolve the issue. Eventually approved by Congress, Georgia's claims to the area were extinguished and some land was reserved to resolve other outstanding claims. The commission was also responsible for documenting and reporting on the nature and extent of the fraud, activities in which Lincoln was heavily involved.^[21]

Prior to Jefferson's presidency, the United States had paid tribute to a number of Arab states in the Mediterranean to prevent attacks on its shipping. By the time Jefferson assumed office, theUnited States Navy had been developed to the point where it might adequately defend American shipping interests. Jefferson consequently refused to pay tribute in 1801 toYusuf Karamanli, the ruler ofTripoli, after which the Tripolitans began attacking and seizing American merchant vessels. In a cabinet discussion held in early 1801 to formulate a response, it was suggested that the President declare war on Tripoli. Lincoln pointed out that only Congress had the authority to declare war, but the rest of the cabinet was intent on taking some sort of action.^[22] The matter was tabled until May 1801, when the cabinet voted to send a naval squadron to the area to defend the country's merchant interests. Jefferson never asked for or received from Congress a formal war declaration against the Barbary states.^[23]

WhenNapoleon sought to sell the French territory ofLouisiana to the United States in 1802, Jefferson was concerned over the political consequences of acquiring a large tract of what was perceived then as predominantly Southern territory, as well as a possible lack of constitutional authority to make the purchase.^[24] To circumvent these concerns, Lincoln made a novel proposal that the territory could be acquired by expanding an existing state's borders, effecting a purchase that would not require a constitutional amendment. This proposal was rejected by Jefferson and his other advisors, andthe purchase was ultimately made in spite of the standing constitutional question.^[25]

In 1804, Lincoln informed Jefferson that, for personal reasons, he would leave the post of Attorney General.^[26] His resignation became official on March 3, 1805.^[27]

In Massachusetts, Lincoln once again became active in state politics. He was a member of theGovernor's Council in 1806,^[3] and was nominated the following year as a candidate forlieutenant governor. The Democratic-Republicans nominatedJames Sullivan as the gubernatorial candidate, but because the moderate Sullivan was distrusted by radicals in the party, they were able to secure Lincoln's place on the ticket. Federalists seized on the divisions in the opposition, claiming that Sullivan was a pawn, and that he would soon be replaced by the "Jacobin Lincoln—a man so little known, and so unpopular where known, that they dare not risk as a candidate for the office he aspires to."^[28] The election was a sweep for Lincoln's party, which gained control over the entire state government.^[28] Sullivan and Lincoln were reelected in 1808, but Sullivan died in December 1808, and Lincoln became actinggovernor. From these positions, he continued to actively support the policies of President Jefferson, despite their growing unpopularity with the generally Federalist Massachusetts population and business interests.^[29]

Lincoln ran for election as governor in his own right in 1809, but he was perceived by moderate Federalists as overly partisan and lacked the charisma of Sullivan.^[30] His support for Jefferson's economic policy, particularlythat of embargoing trade withGreat Britain andFrance (who were then embroiled in theNapoleonic Wars) was costly. Federalists, who had regained control of the Massachusetts legislature in 1808, attacked his statements in support of Jefferson, and he lost the election toChristopher Gore, amid a complete Federalist takeover of the Massachusetts government (the outgoing Jefferson administration's repeal of the embargo before the election notwithstanding).^[31]

Lincoln was again chosen to serve on the Governor's Council in 1810 and 1811. In 1811, President James Madison offered him a position as anAssociate Justice of the Supreme Court, but he declined on account of failing eyesight.^[32] Lincoln retired to his Worcester estate, where he took an active interest in farming; his pursuit of scientific interests related to agriculture were widely recognized, and he served as the first president of the Worcester Agricultural Society, founded in 1818.^[33]

Lincoln was additionally a founding member of theAmerican Antiquarian Society along with one of his sonsLevi Lincoln Jr. in 1812.^[34]

Lincoln died in Worcester on April 14, 1820. His original burial site is not documented in the family genealogy, but he was eventually reinterred at WorcesterRural Cemetery after its establishment in 1838.^[35][36]

Lincoln married Martha Waldo (1761–1828) of Worcester in 1781, with whom he had ten children (three of whom died young).^[37] His eldest child,Levi Jr., and a younger sonEnoch both followed their father into politics: Levi Jr. became one of the longest-serving governors of Massachusetts, and Enoch wasGovernor of Maine.^[38]

When Lincoln moved to Worcester, he acquired a large tract of land near what is now the downtown area of the city. This land was mostly developed by his heirs, and is part of theLincoln Estate-Elm Park Historic District.^[39] Worcester'sGov. Levi Lincoln House is named for Levi Jr.^[40] As a consequence of the family's prominence in the city, there are a number of landmarks (streets, buildings, and parks) in Worcester bearing the Lincoln name.^[41]

Lincoln was distantly related toAbraham Lincoln, sharing a common ancestor with the sixteenth U.S. president inSamuel Lincoln, who had settled inHingham, Massachusetts, in the 17th century.^[42]

• Amory, Thomas (1859).Life of James Sullivan. Boston, MA: Phillips, Sampson.OCLC 60714175.
• Buel, Richard (2005).America on the Brink. New York: Palgrave Macmillan.ISBN 9781403962386.OCLC 55510543.
• Ellis, Richard (1971).The Jeffersonian Crisis: Courts and Politics in the Young Republic. New York: Oxford University Press.OCLC 135055.
• Higginbotham, A. Leon (1980).In the Matter of Color: Race and the American Legal Process : the Colonial Period. Oxford: Oxford University Press.ISBN 9780195027457.OCLC 219923586.
• Lea, James Henry; Hutchinson, J. R (1909).The Ancestry of Abraham Lincoln. Boston, MA: Houghton Mifflin Company. p. 136.OCLC 166623008.
• "Levi Lincoln".Dictionary of American Biography. New York: Charles Scribner's Sons. 1936.
• Lincoln, Waldo (1923).History of the Lincoln Family: an Account of the Descendants of Samuel Lincoln, of Hingham, Massachusetts, 1637–1920. Worcester, MA: Commonwealth Press.OCLC 3354313.
• Malone, Dumas (1970).Jefferson the President: First Term 1801–1805. Boston, MA: Little, Brown.ISBN 9780316544665.OCLC 4314946.
• Marvin, Abijah (1879).History of Worcester, Volume 2. Boston, MA: C. F. Jewett. p. 639.OCLC 1804192.
• Moynihan, Kenneth (2007).A History of Worcester. Charleston, SC: History Press.ISBN 9781596292345.OCLC 167764114.
• Rice, Frank (1893).Dictionary of Worcester (Massachusetts) and its Vicinity. Worcester, MA: F.S. Blanchard. p. 55.OCLC 1163769.
• Sloan, Cliff; McKean, David (2009).The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court. New York: PublicAffairs.ISBN 9781586484262.OCLC 191926340.
• Smith, Jean (1998).John Marshall: Definer of a Nation. New York: Holt.ISBN 9780805055108.OCLC 248101402.
• Whipple, Addison (1991).To the Shores of Tripoli: The Birth of the U. S. Navy and Marines. Annapolis, MD: Naval Institute Press.ISBN 9781557509666.OCLC 247909340.
• Wright, Conrad (2005).Revolutionary Generation: Harvard Men And The Consequences Of Independence. Boston, MA: University of Massachusetts Press.ISBN 9781558494848.OCLC 208735332.

• Petroelje, Marvin J (1969).Levi Lincoln Sr.: Jeffersonian Republican of Massachusetts (PhD dissertation). Michigan State University.OCLC 24608614.

Media related toLevi Lincoln Sr. at Wikimedia Commons

• People of Power: Abraham Lincoln
• "Lincoln, Levi" .Appletons' Cyclopædia of American Biography. 1892.

• United States Congress."Levi Lincoln Sr. (id: L000316)".Biographical Directory of the United States Congress.

• 1749 births
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• Burials at Rural Cemetery (Worcester, Massachusetts)
• Democratic-Republican Party members of the United States House of Representatives from Massachusetts
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