The Papers and Writings of Abraham Lincoln, Complete

by Abraham Lincoln

* About this time Grant Goodrich, a lawyer in Chicago, proposed to take Lincoln into partnership with him. Goodrich had an extensive and paying practice there, but Lincoln refused the offer, giving as a reason that he tended to consumption, and if he removed to a city like Chicago, he would have to sit down and study harder than ever. The close application required of him and the confinement in the office, he contended, would soon kill him. He preferred going around on the circuit, and even if he earned smaller fees he felt much happier.

While a member of Congress and otherwise immersed in politics Lincoln seemed to lose all interest in the law. Of course, what practice he himself controlled passed into other hands. I retained all the business I could, and worked steadily on until, when he returned, our practice was as extensive as that of any other firm at the bar. Lincoln realized that much of this was due to my efforts, and on his return he therefore suggested that he had no right to share in the business and profits which I had made. I responded that, as he had aided me and given me prominence when I was young and needed it, I could afford now to be grateful if not generous. I therefore recommended a continuation of the partnership, and we went on as before. I could notice a difference in Lincoln's movement as a lawyer from this time forward. He had begun to realize a certain lack of discipline—a want of mental training and method. Ten years had wrought some change in the law, and more in the lawyers, of Illinois. The conviction had settled in the minds of the people that the pyrotechnics of court room and stump oratory did not necessarily imply extensive or profound ability in the lawyer who resorted to it. The courts were becoming graver and more learned, and the lawyer was learning as a preliminary and indispensable condition to success that he must be a close reasoner, besides having at command a broad knowledge of the principles on which the statutory law is constructed. There was of course the same riding on circuit as before, but the courts had improved in tone and morals, and there was less laxity—at least it appeared so to Lincoln. Political defeat had wrought a marked effect on him. It went below the skin and made a changed man of him. He was not soured at his seeming political decline, but still he determined to eschew politics from that time forward and devote himself entirely to the law. And now he began to make up for time lost in politics by studying the law in earnest. No man had greater power of application than he. Once fixing his mind on any subject, nothing could interfere with or disturb him. Frequently I would go out on the circuit with him. We, usually, at the little country inns occupied the same bed. In most cases the beds were too short for him, and his feet would hang over the foot-board, thus exposing a limited expanse of shin bone. Placing a candle on a chair at the head of the bed, he would read and study for hours. I have known him to study in this position till two o'clock in the morning. Meanwhile, I and others who chanced to occupy the same room would be safely and soundly asleep. On the circuit in this way he studied Euclid until he could with ease demonstrate all the propositions in the six books. How he could maintain his mental equilibrium or concentrate his thoughts on an abstract mathematical proposition, while Davis, Logan, Swett, Edwards, and I so industriously and volubly filled the air with our interminable snoring was a problem none of us could ever solve. I was on the circuit with Lincoln probably one-fourth of the time. The remainder of my time was spent in Springfield looking after the business there, but I know that life on the circuit was a gay one. It was rich with incidents, and afforded the nomadic lawyers ample relaxation from all the irksome toil that fell to their lot. Lincoln loved it. I suppose it would be a fair estimate to state that he spent over half the year following Judges Treat and Davis around on the circuit. On Saturdays the court and attorneys, if within a reasonable distance, would usually start for their homes. Some went for a fresh supply of clothing, but the greater number went simply to spend a day of rest with their families. The only exception was Lincoln, who usually spent his Sundays with the loungers at the country tavern, and only went home at the end of the circuit or term of court. "At first," * relates one of his colleagues on the circuit, "we wondered at it, but soon learned to account for his strange disinclination to go home. Lincoln himself never had much to say about home, and we never felt free to comment on it. Most of us had pleasant, inviting homes, and as we struck out for them I'm sure each one of us down in our hearts had a mingled feeling of pity and sympathy for him."

* David Davis, MS.

If the day was long and he was oppressed, the feeling was soon relieved by the narration of a story. The tavern loungers enjoyed it, and his melancholy, taking to itself wings, seemed to fly away. In the role of a story-teller I am prone to regard Mr. Lincoln as without an equal. I have seen him surrounded by a crowd numbering as many as two and in some cases three hundred persons, all deeply interested in the outcome of a story which, when he had finished it, speedily found repetition in every grocery and lounging place within reach. His power of mimicry, as I have before noted, and his manner of recital, were in many respects unique, if not remarkable. His countenance and all his features seemed to take part in the performance. As he neared the pith or point of the joke or story every vestige of seriousness disappeared from his face. His little gray eyes sparkled; a smile seemed to gather up, curtain like, the corners of his mouth; his frame quivered with suppressed excitement; and when the point—or "nub" of the story, as he called it—came, no one's laugh was heartier than his. These backwoods allegories are out of date now, and any lawyer, ambitious to gain prominence, would hardly dare thus to entertain a crowd, except at the risk of his reputation; but with Lincoln it gave him, in some mysterious way, a singularly firm hold on the people.

Lincoln was particularly strong in Menard county, and while on the circuit there he met with William Engle and James Murray, two men who were noted also for their story-telling proclivities. I am not now asserting for the country and the period what would at a later day be considered a very high standard of taste. Art had not such patrons as to-day, but the people loved the beautiful as Nature furnished it, and the good as they found it, with as much devotion as the more refined classes now are joined to their idols. Newspapers were scarce, and the court-house, with its cluster of itinerant lawyers, disseminated much of the information that was afterwards broken up into smaller bits at the pioneer's fireside. A curious civilization indeed, but one through which every Western State distant from the great arterial river or seaboard lias had to pass.

When Lincoln, Murray, and Engle met, there was sure to be a crowd. All were more or less masters in their art. I have seen the little country tavern where these three were wont to meet after an adjournment of court, crowded almost to suffocation with an audience of men who had gathered to witness the contest among the members of the strange triumvirate. The physician of the town, all the lawyers, and not unfrequently a preacher could be found in the crowd that filled the doors and windows. The yarns they spun and the stories, they told would not bear repetition here, but many of them had morals which, while exposing the weaknesses of mankind, stung like a whip-lash. Some were no doubt a thousand years old, with just enough "verbal varnish" and alterations of names and dates to make them new and crisp. By virtue of the last-named application, Lincoln was enabled to draw from Balzac a "droll story," and locating it in "Egypt"* or in Indiana, pass it off for a purely original conception. Every recital was followed by its "storm of laughter and chorus of cheers." After this had all died down, some unfortunate creature, through whose thickened skull the point had just penetrated, would break out in a guffaw, starting another wave of laughter which, growing to the proportions of a billow, would come rolling in like a veritable breaker.

* The word Egypt, so frequently used in this book, refers to that portion of Illinois which lies south of the famous National Road.

I have known these story-telling jousts to continue long after midnight—in some cases till the very small hours of the morning. I have seen Judge Treat, who was the very impersonation of gravity itself, sit up till the last and laugh until, as he often expressed it, "he almost shook his ribs loose." The next day he would ascend the bench and listen to Lincoln in a murder trial, with all the seeming severity of an English judge in wig and gown. Amid such surroundings, a leading figure in such society, alternately reciting the latest effusion of the bar room or mimicking the clownish antics of the negro minstrel, he who was destined to be an immortal emancipator, was steadily and unconsciously nearing the great trial of his life. We shall see further on how this rude civilization crystallized both his logic and his wit for use in another day.

Reverting again to Mr. Lincoln as a lawyer, it is proper to add that he detested the mechanical work of the office. He wrote few papers—less perhaps than any other man at the bar. Such work was usually left to me for the first few years we were together. Afterwards we made good use of students who came to learn the law in our office. A Chicago lawyer,* in a letter to me about Mr. Lincoln, in 1866, says: "Lincoln once told me that he had taken you in as a partner, supposing you had system and would keep things in order, but that he found out you had no more system than he had, but that you were in reality a good lawyer, so that he was doubly disappointed." Lincoln knew no such thing as order or method in his law practice. He made no preparation in advance, but trusted to the hour for its inspiration and to Providence for his supplies. In the matter of letter-writing** he made no distinction between one of a business nature or any other kind.

* W. C. Whitney, MS. ** "I wish you would learn of Everett what he would take, over and above a discharge, for all trouble we have been at to take his business out of our hands and give it to somebody else. It is impossible to collect money on that or any other claim here, now, and although you know I am not a very petulant man, I declare that I am almost out of patience with Mr. Everett's endless importunities. It seems like he not only writes all the letters he can himself, but he gets everybody else in Louisville and vicinity to be constantly writing to us about his claim. I have always said that Mr. Everett is a very clever fellow, and I am very sorry he cannot be obliged; but it does seem to me he ought to know we are interested to collect his claim, and therefore would do it if we could. I am neither joking nor in a pet when I say we would thank him to transfer his business to some other, without any compensation for what we have done, provided he will see the court costs paid for which we are security."—MS. letter to Joshua F. Speed, March 27, 1842.