img Abraham Lincoln  /  Chapter 3 THE LEADER OF THE SPRINGFIELD BAR | 27.27%
Download App
Reading History

Chapter 3 THE LEADER OF THE SPRINGFIELD BAR

Word Count: 10052    |    Released on: 01/12/2017

omen of her class and time. His ambition to become a lawyer was inspired by a copy of the Revised Statutes of Indiana wh

y littles; in all, it did not amount to more than a year," and he afterwards told a friend that he "read through every book he ever heard of in that country for a circuit of fifty miles." These incl

by calling attention to the fact that this was not exact when it was written, "for, up to that moment in my life, I had never seen that early contribution to human history; but I want your book, even if it is nothing more than a me

paragraph. The book belonged to David Turnham, who seems to have been a constable or magistrate in that part of Indiana, and this volume constituted his professional library. The actual copy is now preserved in the library of the New York Law Institute. The binding is worn and the title-page and a few leaves at the end are missing. Besides the statut

shall be duly convicted; provided always, that any person escaping into the same, from whom labor or service is lawfully claimed, in any one o

tracts with a quill of a turkey-buzzard and ink home-made from the juice of the brier root. When he had no paper he wrote upon a shingle, and, after he had committed to memory the paragraphs so preserved, he would shave off the shingle with his knife and write others. When he was in the field ploughing or cultivating he took a book with him, and when he stopped to rest would pull it from his pocket and read until it was time to res

n Crusoe." The characters in both were real to him, and to

Nothing was expected of them in the way of education beyond a knowledge of the three R's, and Lincoln, of all famous self-made men, owed the least of his intellectual strength and knowledge to teachers and books and the most to observation and human c

how, when a mere child, I used to get irritated when anybody talked to me in a way that I could not understand. I can remember going to my little bedroom, after hearing t

repeated it over and over again, until I had put it in language plain enough, as I thought, for any boy I knew to comprehend. This was a kind of passion with me, and

Lincoln was elected to Congress, and, according to the ordinary custom, forwarded to him, as well as to all the other members-elect, a blank to be filled out with facts and date

, 1809, in Hardin

ion def

ssion,

ptain of volunteers i

four times a member of the Illinois Legislature, a

losely identified with Mr. L

reat many curious incidents of your early life, and I would be obliged if you wou

to Southern Indiana.' I think he said he was then about six years old. Shortly after his arrival in Indiana his mother died. 'It was pretty pinching time

young when she died; but he spoke most kindly of her and of hi

t I should be well educated. And what do you think his ideas of a good education were? We had a dog-eared arithm

s father. He had endorsed a man's note in the neighborhood for a considerable amount, and the prospect was he would have it to pay, and that would sweep away all their little possessions. His father, therefore, ex

0 by McClure,

IN 1861, WHEN HE FIRST

ion of H. W. Fay, Esq., De Kalb,

from the rude home of his father; there he went again for a few months when he was fourteen years old, and again in 1826, when he was seventeen, to a man named Swaney, who taught at a distance of four miles and a half from the Lincoln cabin. He had little encouragement from his father, for the latter considered the daily walk of nine miles and the six hours spent in the school-room a waste of time for a boy six feet tall. His step-mother, however, endeavored to encourage and protect him in his efforts to learn, and they studied together. He read her the books he borrowed, and they used to discuss the unintelligible passages. He was not remarkably quick at learning. On the contrary, his percep

uld "spell down" the whole county at spelling-school, and wrote a clear and neat hand. His general reading embraced poetry and a few novels. He even attempted to make rhymes, although he

he had made his second voyage to New Orleans, and was waiting for Denton Offutt to open his store, a local election was held. One of the clerk

s the reply, and upon that admission

te, corrected his compositions, and was his constant companion while he was clerking in Offutt's store. One day Graham told him that he ought to study grammar, and the next morning Lincoln walked six miles to a neighboring town to obtain a copy of Kirkham's "Gramm

ogic, rhetoric, astronomy, literature, and other branches, devoting a certain number of hours to it every day. He followed this rule even

ch caused him so much anxiety and left the burden of debt upon his shoulders which he carried so many years; for when he

s incident that occurred soon after he went into partn

hink, half a dollar for it. Without further examination I put it away in the store and forgot all about it. Some time after, in overhauling things, I came upon the barrel, and emptying it upon the floor to see what it contained, I found at the bottom of the rubbish a complete edition of Blackstone's 'Commentaries.' I began to read those

me with him and went at it in good earnest. He never studied with anybody. As he tramped back and forth from Springfield, twenty miles away, to get his law books, he read sometimes forty pages or more on the way. The subject seemed to be never out of his mind. It was the great absorbing interest of his life." The rule he ga

lished at the opening of the next term, March 1, 1837. As there was no lawyer in the neighborhood of New Salem, and none nearer than Springfield, Lincoln had obtained a little practice

upon for money by his step-mother and step-brother; but John T. Stuart, with whom he had been associated in politics and in the Black Hawk War, and who had proved to be a true friend, offered him a partnership, and Stuart was one of the leading l

ad swindled the widow of one Joseph Anderson out of some land. His treatment of this case advertised him far and wide in the country around Springfield as a shrewd practitioner and a man of tireless energy, and it doubtless brought him considerable business. The account-book of Stuart & Lincoln is still preserved, and shows that their fees were very small,-not ex

ulated upon the docket. Springfield was situated in the Eighth Judicial Circuit, which at that time was one hundred and fifty miles square, including fifteen counties comprising the central part of Illinois. As there were no railroads, the judge travelled on horseback or in a ca

, and, as the sitting of a court usually attracted all the idle men in the vicinity, the landlords were taxed to accommodate their guests, and packed them in as closely as possible; usually two in a bed and often as many as could find room on the floor. The townspeople ma

als were held in a church or a school-house, and somet

mean time the rest of the party would sit around the tavern or court-house yard, entertaining themselves and one another in the most agreeable manner, and naturally Mr. Lincoln's talents as a story-teller made him popular and his personal character made him beloved by every one with whom he came in contact. The meeting of the Supreme Court once a year at Springfield was the great event, next to the assembling of the Legislature, and served as a reunion of the ablest men in the State. These usually had causes to try or

practice, and was one of his most ardent admirers and devoted friends. It is said that he would not sit down at the table for dinner or supper until Lincoln was present. One day, during the tr

to adjourn, and I think yours will have to be the one;" and as soon as the group scattered, Judge Da

of him, and, even now, it is common in arguments before the courts in that part of the State to quote wh

carcely completed before a religious revival turned the influence of the church people against their performances so effectually that a law was passed by the municipality imposing a license which was practically prohibitory. In the midst of their troubles, says Jefferson, a young lawyer called on the managers and offered, if they would place the matter in his hands, to have the license revoked, declaring that he only desired to see fair play, and w

clared that he had the rare gift of compelling a witness, either friendly or unfriendly, to tell the whole truth, and seldom resorted to the browbeatin

rstand. A lawyer quoting a legal maxim one day in court, turn

ln replied, "you had bet

Squire Bagly, from Menard, came into my office and said, 'Lincoln, I want your advice as a lawyer. Has a man what's been elected justice of the peace a right to issue a marriage license?' I told him he had not; when the old squire threw himself back in his chair very indignantly,

habits. Such example and instruction were of the greatest service in forming Lincoln's professional habits, because he was naturally careless in his methods, and at that period of his life was inclined to depend upon his wits rather than his knowledge and to indulge in emotional bursts of oratory rather than

as a partner was recognized by the members of one of the most prominent law firms in Chicago, who invited him to join them; but he declined on the ground that h

used at some time for a lecture to law students, and which express in a very clear manner his opinions as to

loser-in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough. Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.... There is a vague popular belief that lawyers are necessarily dishonest. I say vague bec

ef Engineer of the Illinois Central Railroad and the former was attorney for that company. General McClellan,

Central Railroad in a case which it did not wish

ot ready

y ready to go to trial

absence of Captain McClel

an and why is he not he

he is the engineer of the railroad, and

taxation on condition that it pay into the State treasury seven per cent. of its gross earnings. The officials of McLean County contended that the Legislature of the State had no authority to exempt or remit county taxes, and brought a suit against the road to compel payment. Lincoln defended the company, won the case, and presented a bill for two thousand dollars. An official of the railroad, whose name has been forgotten, declined payment on t

services is expressed in the notes of the law l

e more than a common mortal if you can feel the same interest in the case as if something was still in prospect for you as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that y

suffered injustice and were unable to pay. As a rule, his fees were less than those of other lawyers of his circuit. Justice Davis once remonstrated with him, and insisted that he was doing a grave injustice to his associates at the bar by charging so little for his services. From 1850 to 1860 his income varied from two to three thousand dollars, and even when he was recognized a

e millions. Discussing the scandal one day with some friends, he remarked that he could not understand wh

hat court, which is an unusual record and has been surpassed by few lawyers in the history of the State and by none of his contemporaries. It was declared, in an oration delivered by one of his associates, that "

debts were entirely paid and he was worth about ten

0, by McClure,

OLN IN THE S

tle, of St. Paul, Minnesota, for lo

te at Washington without making a settlement. Like some other great men, Douglas was very careless about money matters, and, after appealing to him again and again, Brokaw employed David Davis to bring suit against the Senator. Being an intimate friend and fellow-Democrat, Davis disliked to appear in the case, and by his advice Brokaw engaged the services of Lincoln. The latter wrote to Douglas at Washington that he had a claim against him for collection and must insist upon prompt payment. Dou

eir statements and to explain that they were able to see the act distinctly because of the bright moonlight. By several of the prosecuting witnesses he proved the exact position and size of the moon at the time of the murder. The prosecution there rested, and Lincoln, addressing the court and the jury, an

ment he had prepared because the court would not permit four arguments on one side and only two on the other. Lincoln was extremely anxious to meet in debate Reverdy Johnson, of Baltimore, who was then regarded by many as the leader of the American bar; but he accepted the situation gracefully though regretfully, watched the case closely as it proceeded, took careful notes which he furnished Mr. Harding, and gave the latter the benefit of his written argument, but requested him not to show it to Mr. Stanton. There is no doubt that he felt that Mr. Stanton had been guilty of professional discourtes

his case. The matter was never alluded to by either during their long and intimate association at Washington. A young lawyer from Rockford who had studied with Lincoln was in Cincinnati at the time and attende

m going home

u stand at the head of the bar in Ill

t you see? And they study their cases as we never do. They have got as far as Cincinnati now. They will soon be in Illinois.' Another long pause; then stopping and turning towards me, his countenance suddenly assuming that

universe and he held the destiny of a nation in his grasp. Once, when a famous lawyer called at the White House and referred courteously to his eminent position at the bar, he replied, "Oh, I am only a mast-fed lawyer,

to acquire knowledge, and no new subject was ever presented to him without exciting his inquisitiveness and

od its meaning, but soon became satisfied that I did not. I consulted Webster's Dictionary. That told of certai

id, 'Lincoln, you can never make a lawyer if you do not understand what demonstrate means;' and I left my situation in Springfield, went home to my father's house,

frequently referred to the many interesting points of information and the valuable knowledge he acquired in that way. The lawyers who were associated with him upon the circuit relate how often he was

rised by the strength of the testimony or the arguments of his adversary, and usually found them weaker than he feared. This was due to a habit he acquired early in his practice of studying the opposite side of every disputed question in every law case and every political issue quite as carefully as his own side. When he had an important case on hand he was accustomed to withdraw

justice, or to gain an unfair advantage of his adversaries, but was capable of executing legal man?uvres with as much skill as any of his rivals. He adapted himself to circumstances with remarkable ease, and his thorough knowledge of human nature enabled him to excite the interest and sympathy of a jury by getting very close to their hearts. He argued much from analogy; he used old-fashioned words and homely phrases which were familiar to the jurymen he d

ll of the "dead wood" and get down to "hard pan," as he called it, as soon as possible. In making such concessions he would establish a position of fairness and honesty, and often disarmed his opponent by leaving the impression that he had accidentally "given away his case." Then he would rely upon his remarkable habit of order and command of logic to bring his evidence forward in a clear and strong light, keeping unn

uaintance with Mr. Lincoln was a lawsuit in which Mr. Lincoln was counsel for the plaintiff and I was counsel for the defendant. Even then, in a

t up, they say, by adding 'a nigger married to a white woman.' The statute of Illinois made it a crime for a negro to marry a white woman, and, because of that, the words were slanderous. Dungee, through Mr. Lincoln, brought the suit for slander. Judge David Davis was on the bench, and the suit was brought in the De Witt Circuit Court. When the case came up, Mr. Moore and myself appeared for the de

ake good his promise to 'beat the boys!' and we thought his chances pretty good to do it, too. We knew

hest order. His thoughts were clothed in the simplest garb of expression and in words understood by every juror in the box. After the instructions were

fix the amount of his own fee. After a few moments' thought he said, 'Well, gentlemen, don't you think I have honestly earned twenty-five dollars?' We were astonished, and had he said one hundred dollars it would have been what we expected. The judgment was a large one for those days; he had

and he was able to claim the attention of court and jury, when the cause was the most uninteresting, by the appropriateness of his anecdotes. His power of comparison was large, and he rarely failed in a legal discussion to use that mode of reasoning. The framework of his mental and moral being was honesty, and a wrong cause was poorly defended by him. He hated wrong and oppression everywhere, and many a man whose fraudulent conduct was undergoing review in a court of justice has

ups of men that ever gathered at the capital of a State was to be found in Springfield in those days, and Lincoln was their equal in ability and learning and the superior of many of them in the qualities that make a statesman. They recognized him as their superior on many occasions, and whether or not he was the ablest lawyer on the circuit, there was never any doubt that he was the most popular. He was always a great favorite with the younger members of the bar because of his sympathy and good-nature. He never used the arts of a demagogue; he

f the judiciary, the bar, and the public to a remarkable degree. He was conspicuous for several honorable traits, and, above all, for that sense of moral responsibility that can always distinguish between duty to a cli

after Lincoln entered upon a criminal case, the conviction that his client was guilty would affect him with a sort of panic. On one occasio

accused of larceny, he said, 'If you can say anything for the man, do it, I ca

; I came over to wash them.' We are aware that these stories detract something from the character of the lawyer; but this inflexible, inconvenient, and fastidious morality was to be of vast service afterwards to his country and to the world. The fact is that, with all his sto

handed the witness over to Mr. Lincoln for cross-examination. Mr. Lincoln said he had no testimony, and unless he could break down the complainant's story he saw no way out. He had come to the conclusion that the witness was a bumptious man, who rather prided himself upon his smartness in repartee, and so, after looking at him for some minutes, he inquired

Download App
icon APP STORE
icon GOOGLE PLAY