[ii-1] Nicolay, 53. See, also, Browne, 150-51; Coffin, 94.
[ii-2] This narrative of the interview has been collated from the several accounts of it given by Mr. Speed at various times. See Oldroyd, 145-46; Whitney, 16-17; Browne, 152-53; Clarke, 341-42; Herndon, i, 175-76. See, also, Arnold, 53-54; Brooks, 80; Coffin, 95; Hapgood, 61-62.
[ii-3] There are a number of variations in the different accounts of this episode, but the essential facts appear to be as here related. Comprehensive versions are given by Arnold, 39-40; Stowe, 19-20; Holland, 55-56; Browne, 119-20; Onstot, 89-90; Brockett, 710; Jayne, 10; Noah Brooks, in Harper’s Magazine, July, 1865, p. 226.
[ii-4] According to Major Stuart, Lincoln was his partner from April 27, 1837, to April 14, 1841; Judge Stephen T. Logan’s, from April 14, 1841, to about September 20, 1843; and William H. Herndon’s, from about September 20, 1843, until the death of Mr. Lincoln. There appears to be some ground for the belief that the last partnership was formed some months later than is here stated.
[ii-5] The oft-repeated statement that Lincoln disdained to keep accounts has, in his case as in that of another eminent lawyer, Patrick Henry, been confuted by the evidence of the fee-books themselves.
[ii-6] Onstot, 58.
[ii-7] The parallel between Lincoln and his running mate in the successful canvass of 1860 might be drawn at this point also. Referring to Hamlin’s early days in the practice of law, his biographer says: “He handled a good deal of money belonging to his clients, and it often happened that they did not call for it until some time after it had been collected. Mr. Hamlin, therefore, had at times considerable sums of money in his possession, and on one occasion he told a friend what disposition he made of such money and his reasons. He said, ‘When I collect money for a client, I inclose it in an addressed package, and lock the package up in my trunk until it is called for. I will not touch or use that money for my purposes under any circumstances, unless, of course, the owner should authorize it. The money belongs to the owner. I have no more right to use it, even if I could replace it in five minutes, than I would have to take money that he might happen to have in his pocket-book.’ ” (Hamlin, 45.)
[ii-8] This principle was recognized as early as Cicero’s time. In his Ninth Philippic, eulogizing Servius Sulpicius, that most profound of Roman advocates, the orator said, according to Forsyth’s version: “He did not consider himself a lawyer rather than a servant of justice, and his constant endeavor was to temper the severity of law, by reference to principles of equity. He had less pleasure in advising that actions should be brought, than in removing all cause for litigation.”
[ii-9] Works, ii, 142. Lincoln’s comment—“the nominal winner is often a real loser”—suggests the similarity between his advice and that of Professor Porson, as expressed in that learned humorist’s mock examination questions for students:—
“What happens if you win your cause?”