Chapter 10 EARLY LAW PRACTICE

During all the years of his service in the Legislature, Lincoln was practicing law in Springfield in the dingy little office at the corner of the square. A youth named Milton Hay, who afterwards became one of the foremost lawyers of the State, had made the acquaintance of Lincoln at the County Clerk's office and proposed to study law with him. He was at once accepted as a pupil, and his days being otherwise employed he gave his nights to reading, and as his vigils were apt to be prolonged he furnished a bedroom adjoining the office, where Lincoln often passed the night with him. Mr.

Hay gives this account of the practice of the law in those days:

"In forming our ideas of Lincoln's growth and development as a lawyer, we must remember that in those early days litigation was very simple as compared with that of modern times. Population was sparse and society scarcely organized, land was plentiful and employment abundant. There was an utter absence of the abstruse questions and complications which now beset the law. There was no need of that close and searching study into principles and precedents which keeps the modern law-student buried in his office. On the contrary, the very character of this simple litigation drew the lawyer into the street and neighborhood, and into close and active intercourse with all classes of his fellow-men. The suits consisted of actions of tort and assumpsit. If a man had a debt not collectible, the current phrase was, 'I'll take it out of his hide.'

[Illustration: LINCOLN AND STUART'S LAW-OFFICE, SPRINGFIELD.]

"This would bring on an action for assault and battery. The free comments of the neighbors on the fracas or the character of the parties would be productive of slander suits. A man would for his convenience lay down an irascible neighbor's fence, and indolently forget to put it up again, and an action of trespass would grow out of it. The suit would lead to a free fight, and sometimes furnish the bloody incidents for a murder trial. Occupied with this class of business, the half-legal, half-political lawyers were never found plodding in their offices. In that case they would have waited long for the recognition of their talents or a demand for their services. Out of this characteristic of the times also grew the street discussions I have adverted to. There was scarcely a day or hour when a knot of men might not have been seen near the door of some prominent store, or about the steps of the court-house eagerly discussing a current political topic-not as a question of news, for news was not then received quickly or frequently, as it is now, but rather for the sake of debate; and the men from the country, the pioneers and farmers, always gathered eagerly about these groups and listened with open-mouthed interest, and frequently manifested their approval or dissent in strong words, and carried away to their neighborhoods a report of the debaters' wit and skill. It was in these street talks that the rising and aspiring young lawyer found his daily and hourly forum. Often by good luck or prudence he had the field entirely to himself, and so escaped the dangers and discouragements of a decisive conflict with a trained antagonist."

[Illustration: LINCOLN'S BOOKCASE AND INKSTAND. ]

Mr. Stuart was either in Congress or actively engaged in canvassing his district a great part of the time that his partnership with Lincoln continued, so that the young lawyer was thrown a good deal on his own resources for occupation. There was not enough business to fill up all his hours, and he was not at that time a close student, so that he soon became as famous for his racy talk and good-fellowship at all the usual lounging-places in Springfield as he had ever been in New Salem. Mr. Hay says, speaking of the youths who made the County Clerk's office their place of rendezvous, "It was always a great treat when Lincoln got amongst us. We were sure to have some of those stories for which he already had a reputation, and there was this peculiarity about them, that they were not only entertaining in themselves, but always singularly illustrative of some point he wanted to make." After Mr. Hay entered his office, and was busily engaged with his briefs and declarations, the course of their labors was often broken by the older man's wise and witty digressions. Once an interruption occurred which affords an odd illustration of the character of discussion then prevalent. We will give it in Mr. Hay's words: "The custom of public political debate, while it was sharp and acrimonious, also engendered a spirit of equality and fairness. Every political meeting was a free fight open to every one who had talent and spirit, no matter to which party the speaker belonged. These discussions used often to be held in the court-room, just under our office, and through a trap-door, made there when the building was used for a store-house, we could hear everything that was said in the hall below. One night there was a discussion in which E. D. Baker took part. He was a fiery fellow, and when his impulsiveness was let loose among the rough element that composed his audience there was a fair prospect of trouble at any moment. Lincoln was lying on the bed, apparently paying no attention to what was going on. Lamborn was talking, and we suddenly heard Baker interrupting him with a sharp remark, then a rustling and uproar. Lincoln jumped from the bed and down the trap, lighting on the platform between Baker and the audience, and quieted the tumult as much by the surprise of his sudden apparition as by his good-natured and reasonable words."

[Lamon p. 396.]

He was often unfaithful to his Quaker traditions in those days of his youth. Those who witnessed his wonderful forbearance and self- restraint in later manhood would find it difficult to believe how promptly and with what pleasure he used to resort to measures of repression against a bully or brawler. On the day of election in 1840, word came to him that one Radford, a Democratic contractor, had taken possession of one of the polling-places with his workmen, and was preventing the Whigs from voting. Lincoln started off at a gait which showed his interest in the matter in hand. He went up to Radford and persuaded him to leave the polls without a moment's delay. One of his candid remarks is remembered and recorded: "Radford! you'll spoil and blow, if you live much longer." Radford's prudence prevented an actual collision, which, it must be confessed, Lincoln regretted. He told his friend Speed he wanted Radford to show fight so that he might "knock him down and leave him kicking."

Early in the year 1840 it seemed possible that the Whigs might elect General Harrison to the Presidency, and this hope lent added energy to the party even in the States where the majority was so strongly against them as in Illinois. Lincoln was nominated for Presidential Elector and threw himself with ardor into the canvass, traversing a great part of the State and speaking with remarkable effect. Only one of the speeches he made during the year has been preserved entire: this was an address delivered in Springfield as one of a series-a sort of oratorical tournament participated in by Douglas, Calhoun, Lamborn, and Thomas on the part of the Democrats, and Logan, Baker, Browning, and Lincoln on the part of the Whigs. The discussion began with great enthusiasm and with crowded houses, but by the time it came to Lincoln's duty to close the debate the fickle public had tired of the intellectual jousts, and he spoke to a comparatively thin house. But his speech was considered the best of the series, and there was such a demand for it that he wrote it out, and it was printed and circulated in the spring as a campaign document.

[Illustration: GLOBE TAVERN, SPRINGFIELD, WHERE LINCOLN LIVED AFTER

HIS MARRIAGE.]

It was a remarkable speech in many respects-and in none more than in this, that it represented the highest expression of what might be called his "first manner." It was the most important and the last speech of its class which he ever delivered-not destitute of sound and close reasoning, yet filled with boisterous fun and florid rhetoric. It was, in short, a rattling stump speech of the kind then universally popular in the West, and which is still considered a very high grade of eloquence in the South. But it is of no kindred with his inaugural addresses, and resembles the Gettysburg speech no more than "The Comedy of Errors" resembles "Hamlet." One or two extracts will give some idea of its humorous satire and its lurid fervor. Attacking the corruptions and defalcations of the Administration party he said: "Mr. Lamborn insists that the difference between the Van Buren party and the Whigs is that, although the former sometimes err in practice they are always correct in principle, whereas the latter are wrong in principle; and the better to impress this proposition he uses a figurative expression in these words, 'The Democrats are vulnerable in the heel, but they are sound in the heart and head.' The first branch of the figure-that is, the Democrats are vulnerable in the heel-I admit is not merely figuratively but literally true. Who that looks but for a moment at their Swartwouts, their Prices, their Harringtons, and their hundreds of others scampering away with the public money to Texas, to Europe, and to every spot of the earth where a villain may hope to find refuge from justice, can at all doubt that they are most distressingly affected in their heels with a species of running itch? It seems that this malady of their heels operates on the sound-headed and honest-hearted creatures, very much as the cork leg in the comic song did on its owner, which, when he once got started on it, the more he tried to stop it the more it would run away. At the hazard of wearing this point threadbare, I will relate an anecdote which seems to be too strikingly in point to be omitted. A witty Irish soldier who was always boasting of his bravery when no danger was near, but who invariably retreated without orders at the first charge of the engagement, being asked by his captain why he did so, replied, 'Captain, I have as brave a heart as Julius Caesar ever had, but somehow or other whenever danger approaches, my cowardly legs will run away with it.' So with Mr. Lamborn's party-they take the public money into their hands for the most laudable purpose that wise heads and honest hearts can dictate; but before they can possibly get it out again, their rascally vulnerable heels will run away with them."

[Illustration: WILLIAM HENRY HARRISON.]

The speech concludes with these swelling words: "Mr. Lamborn refers to the late elections in the States, and from their results confidently predicts every State in the Union will vote for Mr. Van Buren at the next Presidential election. Address that argument to cowards and slaves: with the free and the brave it will affect nothing. It may be true; if it must, let it. Many free countries have lost their liberty, and ours may lose hers; but if she shall, be it my proudest plume, not that I was the last to desert, but that I never deserted her. I know that the great volcano at Washington, aroused and directed by the evil spirit that reigns there, is belching forth the lava of political corruption in a current broad and deep, which is sweeping with frightful velocity over the whole length and breadth of the land, bidding fair to leave unscathed no green spot or living thing; while on its bosom are riding, like demons on the wave of Hell, the imps of the Evil Spirit, and fiendishly taunting all those who dare to resist its destroying course with the hopelessness of their efforts; and knowing this, I cannot deny that all may be swept away. Broken by it I, too, may be; bow to it, I never will. The probability that we may fall in the struggle ought not to deter us from the support of a cause we believe to be just. It shall not deter me. If ever I feel the soul within me elevate and expand to those dimensions not wholly unworthy of its almighty architect, it is when I contemplate the cause of my country, deserted by all the world beside, and I standing up boldly alone, hurling defiance at her victorious oppressors. Here, without contemplating consequences, before Heaven, and in face of the world, I swear eternal fealty to the just cause, as I deem it, of the land of my life, my liberty, and my love. And who that thinks with me will not fearlessly adopt that oath that I take? Let none falter who thinks he is right, and we may succeed. But if after all we should fail, be it so. We still shall have the proud consolation of saying to our consciences, and to the departed shade of our country's freedom, that the cause approved of our judgment, and adored of our hearts, in disaster, in chains, in torture, in death, we never faltered in defending."

These perfervid and musical metaphors of devotion and defiance have often been quoted as Mr. Lincoln's heroic challenge to the slave power, and Bishop Simpson gave them that lofty significance in his funeral oration. But they were simply the utterances of a young and ardent Whig, earnestly advocating the election of "old Tippecanoe" and not unwilling, while doing this, to show the people of the capital a specimen of his eloquence. The whole campaign was carried on in a tone somewhat shrill. The Whigs were recovering from the numbness into which they had fallen during the time of Jackson's imperious predominance, and in the new prospect of success they felt all the excitement of prosperous rebels. The taunts of the party in power, when Harrison's nomination was first mentioned, their sneers at "hard cider" and "log-cabins," had been dexterously adopted as the slogan of the opposition, and gave rise to the distinguishing features of that extraordinary campaign. Log-cabins were built in every Western county, tuns of hard cider were filled and emptied at all the Whig mass meetings; and as the canvass gained momentum and vehemence a curious kind of music added its inspiration to the cause; and after the Maine election was over, with its augury of triumph, every Whig who was able to sing, or even to make a joyful noise, was roaring the inquiry, "Oh, have you heard how old Maine went?" and the profane but powerfully accented response, "She went, hell-bent, for Governor Kent, and Tippecanoe, and Tyler too."

It was one of the busiest and most enjoyable seasons of Lincoln's life. He had grown by this time thoroughly at home in political controversy, and he had the pleasure of frequently meeting Mr. Douglas in rough-and-tumble debate in various towns of the State as they followed Judge Treat on his circuit. If we may trust the willing testimony of his old associates, Lincoln had no difficulty in holding his own against his adroit antagonist, and it was even thought that the recollection of his ill success in these encounters was not without its influence in inducing Douglas and his followers, defeated in the nation, though victorious in the State, to wreak their vengeance on the Illinois Supreme Court.

[Sidenote: Copied from the MS. in Major Stuart's possession.]

[Sidenote: Noah W. Matheny, County Clerk.]

In Lincoln's letters to Major Stuart, then in Washington, we see how strongly the subject of politics overshadows all others in his mind. Under date of November 14, 1839, he wrote: "I have been to the Secretary's office within the last hour, and find things precisely as you left them; no new arrivals of returns on either side. Douglas has not been here since you left. A report is in circulation here now that he has abandoned, the idea of going to Washington; but the report does not come in very authentic form so far as I can learn. Though, speaking of authenticity, you know that if we had heard Douglas say that he had abandoned the contest, it would not be very authentic. There is no news here. Noah, I still think, will be elected very easily. I am afraid of our race for representative. Dr. Knapp has become a candidate; and I fear the few votes he will get will be taken from us. Also some one has been tampering with old squire Wyckoff, and induced him to send in his name to be announced as a candidate. Francis refused to announce him without seeing him, and now I suppose there is to be a fuss about it. I have been so busy that I have not seen Mrs. Stuart since you left, though I understand she wrote you by to-day's mail, which will inform you more about her than I could. The very moment a speaker is elected, write me who he is. Your friend, as ever."

Again he wrote, on New Year's Day, 1840, a letter curiously destitute of any festal suggestions: "There is a considerable disposition on the part of both parties in the Legislature to reinstate the law bringing on the Congressional elections next summer. What motive for this the Locos have, I cannot tell. The Whigs say that the canal and other public works will stop, and consequently we shall then be clear of the foreign votes, whereas by another year they may be brought in again. The Whigs of our district say that everything is in favor of holding the election next summer, except the fact of your absence; and several of them have requested me to ask your opinion on the matter. Write me immediately what you think of it.

"On the other side of this sheet I send you a copy of my Land Resolutions, which passed both branches of our Legislature last winter. Will you show them to Mr. Calhoun, informing him of the fact of their passage through our Legislature! Mr. Calhoun suggested a similar proposition last winter; and perhaps if he finds himself backed by one of the States he may be induced to take it up again."

After the session opened, January 20, he wrote to Mr. Stuart, accurately outlining the work of the winter: "The following is my guess as to what will be done. The Internal Improvement System will be put down in a lump without benefit of clergy. The Bank will be resuscitated with some trifling modifications."

State affairs have evidently lost their interest, however, and his soul is in arms for the wider fray. "Be sure to send me as many copies of the Life of Harrison as you can spare. Be very sure to send me the Senate Journal of New York for September, 1814,"-he had seen in a newspaper a charge of disloyalty made against Mr. Van Buren during the war with Great Britain, but, as usual, wanted to be sure of his facts,-"and in general," he adds, "send me everything you think will be a good war-club, The nomination of Harrison takes first-rate. You know I am never sanguine; but I believe we will carry the State. The chance for doing so appears to me twenty-five per cent, better than it did for you to beat Douglas. A great many of the grocery sort of Van Buren men are out for Harrison. Our Irish blacksmith Gregory is for Harrison.... You have heard that the Whigs and Locos had a political discussion shortly after the meeting of the Legislature. Well, I made a big speech which is in progress of printing in pamphlet form. To enlighten you and the rest of the world, I shall send you a copy when it is finished." The "big speech" was the one from which we have just quoted.

The sanguine mood continued in his next letter, March 1: "I have never seen the prospects of our party so bright in these parts as they are now. We shall carry this county by a larger majority than we did in 1836 when you ran against May. I do not think my prospects individually are very flattering, for I think it probable I shall not be permitted to be a candidate; but the party ticket will succeed triumphantly. Subscriptions to the 'Old Soldier' pour in without abatement. This morning I took from the post-office a letter from Dubois, inclosing the names of sixty subscribers, and on carrying it to Francis [Simeon Francis, editor of the 'Sangamo Journal'] I found he had received one hundred and forty more from other quarters by the same day's mail.... Yesterday Douglas, having chosen to consider himself insulted by something in the 'Journal,' undertook to cane Francis in the street. Francis caught him by the hair and jammed him back against a market-cart, where the matter ended by Francis being pulled away from him. The whole affair was so ludicrous that Francis and everybody else, Douglas excepted, have been laughing about it ever since."

Douglas seems to have had a great propensity to such rencontres, of which the issue was ordinarily his complete discomfiture, as he had the untoward habit of attacking much bigger and stronger men than himself. He weighed at that time little, if anything, over a hundred pounds, yet his heart was so valiant that he made nothing of assaulting men of ponderous flesh like Francis, or of great height and strength like Stuart. He sought a quarrel with the latter, during their canvass in 1838, in a grocery, with the usual result. A bystander who remembers the incident says that Stuart "jest mopped the floor with him." In the same letter Mr. Lincoln gives a long list of names to which he wants documents to be sent. It shows a remarkable personal acquaintance with the minutest needs of the canvass: this one is a doubtful Whig; that one is an inquiring Democrat; that other a zealous young fellow who would be pleased by the attention; three brothers are mentioned who "fell out with us about Early and are doubtful now"; and finally he tells Stuart that Joe Smith is an admirer of his, and that a few documents had better be mailed to the Mormons; and he must be sure, the next time he writes, to send Evan Butler his compliments.

It would be strange, indeed, if such a politician as this were slighted by his constituents, and in his next letter we find how groundless were his forebodings in that direction. The convention had been held; the rural delegates took all the nominations away from Springfield except two, Baker for the Senate, and Lincoln for the House of Representatives. "Ninian," he says, meaning Ninian W. Edwards, "was very much hurt at not being nominated, but he has become tolerably well reconciled. I was much, very much, wounded myself, at his being left out. The fact is, the country delegates made the nominations as they pleased, and they pleased to make them all from the country, except Baker and me, whom they supposed necessary to make stump speeches. Old Colonel Elkin is nominated for Sheriff- that's right."

Harrison was elected in November, and the great preoccupation of most of the Whigs was, of course, the distribution of the offices which they felt belonged to them as the spoils of battle. This demoralizing doctrine had been promulgated by Jackson, and acted upon for so many years that it was too much to expect of human nature that the Whigs should not adopt it, partially at least, when their turn came, But we are left in no doubt as to the way in which Lincoln regarded the unseemly scramble. It is probable that he was asked to express his preference among applicants, and he wrote under date of December 17: "This affair of appointments to office is very annoying-more so to you than to me doubtless. I am, as you know, opposed to removals to make places for our friends. Bearing this in mind, I express my preference in a few cases, as follows: for Marshal, first, John Dawson, second, B. F. Edwards; for postmaster here, Dr. Henry; at Carlinville, Joseph C. Howell."

The mention of this last post-office rouses his righteous indignation, and he calls for justice upon a wrong-doer. "There is no question of the propriety of removing the postmaster at Carlinville, I have been told by so many different persons as to preclude all doubt of its truth, that he boldly refused to deliver from his office during the canvass all documents franked by Whig members of Congress."

Once more, on the 23d of January, 1841, he addresses a letter to Mr. Stuart, which closes the correspondence, and which affords a glimpse of that strange condition of melancholia into whose dark shadow he was then entering, and which lasted, with only occasional intervals of healthy cheerfulness, to the time of his marriage. We give this remarkable letter entire, from the manuscript submitted to us by the late John T. Stuart:

DEAR STUART: Yours of the 3d instant is received, and I proceed to answer it as well as I can, though from the deplorable state of my mind at this time I fear I shall give you but little satisfaction. About the matter of the Congressional election, I can only tell you that there is a bill now before the Senate adopting the general ticket system; but whether the party have fully determined on its adoption is yet uncertain. There is no sign of opposition to you among our friends, and none that I can learn among our enemies; though of course there will be if the general ticket be adopted. The Chicago "American," Peoria "Register," and Sangamo "Journal" have already hoisted your flag upon their own responsibility; and the other Whig papers of the district are expected to follow immediately. On last evening there was a meeting of our friends at Butler's, and I submitted the question to them and found them unanimously in favor of having you announced as a candidate. A few of us this morning, however, concluded that as you were already being announced in the papers we would delay announcing you, as by your authority, for a week or two. We thought that to appear too keen about it might spur our opponents on about their general ticket project. Upon the whole I think I may say with certainty that your reelection is sure, if it be in the power of the Whigs to make it so.

For not giving you a general summary of news, you must pardon me; it is not in my power to do so. I am now the most miserable man living. If what I feel were equally distributed to the whole human family, there would not be one cheerful face on earth. Whether I shall ever be better I cannot tell; I awfully forebode I shall not. To remain as I am is impossible; I must die or be better, it appears to me. The matter you speak of on my account you may attend to as you say, unless you shall hear of my condition forbidding it. I say this because I fear I shall be unable to attend to any business here, and a change of scene might help me. If I could be myself, I would rather remain at home with Judge Logan. I can write no more. Your friend as ever.

A. LINCOLN.