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Lincoln
Negotiation Analysis
Christina Sherrill

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Lincoln is a highbrow, heavyweight movie revealing moral purpose. Included in the

film is a proper amount of comic relief provided by an amusing trio of corrupt lobbyists,
Richard Schell (Tim Blake Nelson), Robert Latham (John Hawkes), and W.N. Bilbo (James
Spader). (Pinsker, 2013) The importance of lobbying within US political culture was revealed
more than one hundred years ago when lobbying was mentioned and described in the first
publication year of one the most important scholarly journals within political science. In The
American Political Science Review, E. Watson Keynon claimed that lobbyists may attempt to
influence legislation by appearing before the regular committees, by newspaper publications, and
by arguments and briefs delivered to each member of the legislature." The film introduces these
characters as sordid souls forced to rent rooms in a squirrel-infested attic, as James Spader
jousts because Seward was keeping them on such a tight retainer. (Spielberg, 2012)
President Lincoln and Secretary of State William Seward strategized persuading the
House of Representatives to pass the 13th Amendment to abolish slavery. As Republicans jump
on board, Lincoln and Seward identify a handful of persuadable Democrats to pass the
amendment. Lincoln dislikes the idea of buying their votes though is for offering them
appointments to government jobs. W.N. Bilbo, Latham, and Schell begin their strategy to get the
needed votes. All three sit in the gallery of the U.S. House to observe the selected Democrats
determining their personal style. Bilbo and his buddies lobby the targets individually, not
professing the evils of slavery, but enticing the Congressman what they will receive when he
switches votes. As rough and tough political lobbyists who freely curse, Bilbo even says directly
to President Lincoln, Well, Ill be fucked. (Spielberg, 2012) The film disperses a series of
quick scenes involving fictional congressmen and the bribes used to obtain their votes. One
amusing depicts one of the lobbyists attempting to bribe a vote from a Democrat. When the

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Congressman pulls out a gun and tries to shoot him, the lobbyist grabs his hand and make the
first shot miss while scrambling crazy for his papers. The Congressman hurries to reload his
firearm, but the lobbyist kicks dirt into his face to distract him and then takes off to escape the
Democrat Congressman. (Spielberg, 2012)
In a more lengthy portrayal of the lobbyist attempts, Bilbo bribes Democrat Clay
Hawkins to vote yes for the amendment in exchange for the government job of postmaster of
Millersburg, Ohio. Initially, Hawkins requests taxman of the Western Reserve, but Bilbo
negotiates him down to postmaster. When his fellow's Democrats find out, though, they are both
amused and disgusted. In the following scene, President Lincoln comments quite cynically to
this report, Hes selling himself cheap, aint he? (Spielberg, 2012)
Planning Preparation and Strategy
"Lobbyist's role includes asking an elected official or key decision-maker to vote a
certain way or take a specific stand on a piece of legislation, rule, issue or policy." (Center for
Health and Gender Equality) A lobbyist role is part of a collaboration strategy. Lobbying is part
of an integrative strategy to win on your issue, represented as the vote for the 13th Amendment
and for the Congressmen to win on the guarantee of a Government job. Building relationships
with elected officials, educating them and developing leaders are positive results from lobbying.
(De Bruycker, 2014)
A lobbyist must do their homework about their constituents. Whom am I approaching
and what are they about? In the film, dated January 9, 1865, in the House of Representatives
meeting the House Debate begins. Displaying the powerful Civil War-era politics we see insults
crossing back and forth across the partisan aisle between Northern Democrats and Republicans

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such as Thaddeus Stevens from Pennsylvania.

W.N. Bilbo, Latham, and Schell sit in the packed

gallery to strategize and analyze quietly about lame duck Democrats whom they see as targets.
(Spielberg, 2012)
Appropriate tactics are also part of an effective strategy. In the film President Lincoln
deployed delay tactics to relieve pressure to gain Preston Blairs vote. In one scene Preston Blair
would only vote in favor of the 13th amendment if President Lincoln would begin negotiating the
Souths surrender. Lincoln shared the want with Blair to end the war, but first Lincoln needed to
get the 13th amendment passed into law. Lincoln proclaimed, time is the great thickener of
things, and began the negotiation on his schedule. (Spielberg, 2012) Delaying the delegates
arrival in Washington was a delay tactic that secured time to gather the necessary votes.
President Lincoln pacified Blair and gained the votes.
Communication Processes and Activities
Lobbying is a communication process. In the process of lobbying, a messenger conveys
a message to policymakers exerting a certain effect within a contextual determination. Direct
lobbying attempts influence on legislation utilizing communications with the staff of a legislative
body; or any government official if the principal purpose of the communication is to influence
legislation. (Lobbying Guidelines) A lobbyist's goal is creating a message and choosing means
of communication that are most likely to ensure clear and favorable reception of that message by
the intended receiver.
In the film, Stewards trio of a lobbyist is a BATNA. Utilizing three uncanny fellas in
attempts to gather votes from delegates in the House of Representatives represented the best

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alternative for the Lincoln administration. What a last resort these three were, yet there were
successful in their endeavor.
Consistent with their strategy, Steward's trio offered the government jobs with mostly
success. One cannot forget the use of nonverbal communication in the scene with the loaded
gun! The gun gave that Congressmans response.
Persuasive Process and Activities
The most persuasive form of lobbying is a face-to-face meeting with elected officials
about the issue at hand, what does your passion about the issue include, and the position you
desire the member of Congress to develop. (Center for Health and Gender Equality) W.N. Bilbo,
Latham, and Schell used bribes as persuasion. Bribes were promises of government jobs for all
Congressmen who turned their vote to yes for the 13th Amendment.
Social Contextual Observations and Effects
Research which investigated the effects of social identification and interpersonal
reflection in negotiator judgment including their decision-making processes used arguments
based on the social identity theory proposed commonality can raise negotiators concern about
the other partys outcomes, leading to greater concern for integrative interactions. The effects of
accountability on judgment and decision making argue desires for equality of outcomes are
stronger as interpersonal accountability between negotiators is high. (Kramer, Pommerenke, &
Newton, 1993)
The concern of the Steward Trio for each Congressman is questionable. Did these fellas
care about a win-win situation? These fellas cared about getting the yes vote for the 13th

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Amendment. This evidence is apparent as they dwindle down the offer to postmaster for
Democrat Clay Hawkins.
Power Processes
Negotiating power is a major role in every type of negotiation. Lobbyist predetermines
the power positions of his intended receiver for the favorably received message with as little
distortion possible. Power processes for lobbyist exist in the abilities to establish relationships
that make opportunities for all constituents. True powers for lobbyist are in the interests they
represent. Lobbyist level of influence in the legislative process is related to the allowed
resources, or the resistance points the lobbyist can expend to achieve the desired outcome.
Lobbyists Powers:

Influence legislators' agendas

Become experts and followers of the latest news in their chosen field
Establish relationships
Provide policy solutions
Build coalitions on behalf of their clients

President Lincolns Powers:

Legitimate President Lincoln has power of formal

Personal/Referent President Lincoln has power of interpersonal skills, the ability to

attract others and build loyalty.

Expert President Lincoln had power through his methodologies and patterns.
Reward President Lincoln has power to grant government jobs.
Coercive President Lincoln has the power to embellish negative consequences or
punishments.

Samuel Ward, a well-respected lobbyist, was so successful at influencing legislators that in the
mid-1800s Congress decided to investigate him. When questioned about the elegant dinners he
orchestrated for politicians, the self-described King of the Lobby said, "At good dinners people

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do not talk shop, but they give people a right, perhaps, to ask a gentleman a civil question and
get a civil answer."
Despite the noncorrupt success of lobbyists such as Ward, lobbyists during the mid-nineteenth
century were often regarded as ethically questionable individuals. This reputation was enhanced
whenever lobbyists abused their position with improper practices such as bribing members of
Congress. (Lobbying - Should Lobbyists Be Strictly Regulated?)

Individual Difference Effects

Perception of personal characteristic dictates the effectiveness of negotiations and
lobbying. Positive expectations of outcomes with negotiation reliably predict greater
representation. Cognitive intelligence and creativity are also consistent in win-win, integrative
agreements. What kinds of people are effective negotiators? Negotiators who experience more
positive affect and less negative affect tend to perform better. Categorizing people as prosocial
toward others, competitive against others, or individualistic are those who only regard their
personal ratio of positive outcomes disregarding the performance of others. A defining predictor
of positive performance is the mentality mindset of positive expectation. Self-efficacy or
confidence that one can succeed has the strongest effect of any single variable tested across all
types of individual differences. (De Bruycker, 2014)
Ethical Considerations
The American League of Lobbyists Code of Ethics | Key Elements
A lobbyist shall:

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Conduct lobbying activities with honesty and integrity.

Comply fully with all laws, regulations and rules applicable to the lobbyist.

Conduct lobbying activities in a fair and professional manner.

Avoid all representations that may create conflicts of interest.

Vigorously and diligently advance the clients or employers interests.

Have a written agreement with the client regarding terms and conditions of services.

Maintain appropriate confidentiality of client or employer information.

Ensure better public understanding and appreciation of the nature, legitimacy, and
necessity of lobbying in our democratic governmental process.

Fulfill duties and responsibilities to the client or employer.

Exhibit proper respect for the governmental institutions before which the lobbyists
represent and advocate clients interest.
(Kerns, 2013)
Lobbyist and negotiators experience more success when they engage in appropriate

behavior and use traditional tactics. Questionable behaviors or tactics do not always determine
performance but do produce remorseful feelings after negotiating. (Kramer, Pommerenke, &
Newton, 1993)
Steward chooses this Trio because of their lackadaisical ethics along with their conniving
and manipulative styles. In the scene in the gallery of the U.S. House, Bilbo, and his cohorts
watch the selected Democrats in action, surmising their mannerisms and style. Targeted one by
one by the lobbyist with no efforts to abolish chains of slavery, the Trio entices the Congressmen

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by describing what the lawmaker gains if he switches votes. Even President Lincoln meets with
Congressmen, using his eloquent and convincing words for the votes.
Summation
The film Lincoln depicts the 16th President of the United States effort to pass the 13th
Amendment in the House of Representatives. Lincoln is an exemplary example of power,
influence, and negotiation. The movie encompasses effective persuasion techniques, agreements,
bargaining techniques, and power struggles.
Much of the movie focuses on lobbying for votes from those who initially opposed the
signing of the 13th amendment. Without Lincolns political strategy, I believe the amendment
would not have been passed. Lobbying was one of the most crucial and underappreciated
political weapons.
In this film I saw Lincoln was a master in preparation. One of my favorite quotes, A
compass, it'll point you True North, but it's got no advice about the swamps and deserts and
chasms that you'll encounter along the way. If in pursuit of your destination, you plunge ahead,
heedless of obstacles, and achieve nothing more than to sink in a swamp...What's the use of
knowing True North? (Spielberg, 2012) The usage of lobbyist was one strategy that targeted the
Democrats he needed to accomplish the passing of the 13th amendment. To end slavery for good,
a constitutional amendment would be necessary. Ratifying the amendment before the war ended
was also a necessity for Lincoln to succeed. I believe in his usage of strategy to accomplish his
goal. President Lincolns success can be attributed to a distributive active-engagement strategy
that targeted time constraints. Southern voters were highly unlikely to aide in passing the 13th
amendment. If the war ended prior to the passing of the 13th Amendment, the southern states

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would vote against it. Lincoln clearly identifying the target date for the acceptance of the 13th
amendment engaging the aggressive goal to pass the 13th Amendment in January rather than
April. I believe Lincolns targets allowed him to frame each negotiation in a way that dispersed
counterattacks.
I liked the art of persuasion relevant to the lobbyist also. Lincoln knew he needed to be
personable on the offer. He gave the lobbyist the ammunition of offering personal government
jobs and appointments to lame-duck Democrats with the reconciliation of their votes. Was not
this a brilliant way not to exchange monies in the bargaining mix?
Within the different stages of negotiation in this film we see how emotions and empathy
play an important role. The portrayal of President Lincolns emotional control I found amazing.
President Lincolns successful 13th amendment was because of his ability to communicate and
connect with others. Lincolns character developed a divine storyteller whos audiences were
captivated by his stories and visions for the future of the United States.
Besides empathy and emotional intelligence, social skills are a characteristic trait of
President Lincoln in this film. I admired Lincoln in the film for allowing Steward to gather the
Trio of hilarious lobbyist. I believe strong leaders know when to rely on constituents and to
recognize the success of team efforts.
I believe President Lincoln and his constituents were all prepared, knew what their goals,
and had the ability to command the supporting facts, arguments, trust and logic to support their
proposal of the 13th amendment. Relative to trust and honesty, I believe integrity may be the most
important element of President Lincolns trustworthiness in negotiations. Integrity refers to

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telling the truth, keeping promises keeping commitments, and ethical principles that leave little
question to the negotiators intentions.
I advocate the words Historian William Hanchett wrote, Lincoln was a great war leader
because he was able to reach the hearts and minds of enough people to win the war, Lincoln
understood the crucial importance of public opinion in a democracy. Public opinion in this
country , he said truly, is everything. Any policy to be permanent must have public opinion at
the bottom. He was able to shape or influence public opinion on the vital issues because he wrote
and spoke with a clarity and precision and used language, rich in metaphors, the people
understood. (Mr. Lincoln & His Observers)

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Bibliography
Center for Health and Gender Equality. (n.d.). The Lobbying Process: Basics and How-To Guide.
Washington, DC 20004 USA .
Corey, B. (2013). Stoking the "Abolition Fire in the Capitol": Liberty Party Lobbying. Journal of
the Early Republic, 523-547.
De Bruycker, I. (2014). How Interest Groups Develop Their Lobbying Strategies. ECPR's
General Conference, (p. 19). Glasgow.
Kerns, P. (2013, May). TOOLS OF THE TRADE: GUIDELINES TO ETHICAL LOBBYING:
MAY 2013 | STATE LEGISLATURES MAGAZINE. Retrieved June 28, 2016, from
National Conference of State Legislatures: http://www.ncsl.org/research/ethics/tools-ofthe-trade-guidelines-to-ethical-lobbying.aspx
Kramer, R. M., Pommerenke, P., & Newton, E. (1993). The social context of negotiation: Effects
of social identity and accountability on negotiator judgment and decision making.
Journal of Conflict Resolution Vol 37 Issue 4, 633-654.
Lobbying - Should Lobbyists Be Strictly Regulated? (n.d.). Retrieved July 1, 2016, from JRank
Law Free Encyclopedia: http://law.jrank.org/pages/8343/Lobbying.html
Lobbying Guidelines. (n.d.). Retrieved June 28, 2016, from Charles Stewart Mott Foundation:
http://www.mott.org/grantsandguidelines/ForGrantees/lobbying
Luck, D. S. (2014). Negotiations and Conflict Resolution. McGraw Hill.
Mr. Lincoln & His Observers. (n.d.). Retrieved July 1, 2016, from Mr. Lincoln White House:
http://www.mrlincolnswhitehouse.org/mr-lincoln-observers/
Pinsker, M. (2013, February 1). Spielbergs Lincoln (2012): The Unofficial Scene-by-Scene
Summary. Retrieved June 29, 2016, from Emancipation Digital Classroom:
http://housedivided.dickinson.edu/sites/emancipation/2013/02/01/spielbergs-lincoln2012-the-unofficial-scene-by-scene-summary/
Spielberg, S. (Director). (2012). Lincoln [Motion Picture].

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