[ii-19] Tarbell, i, 248; McClure’s Yarns, 359-60.
[ii-20] Lamon, 325.
[ii-21] It should, perhaps, be noted that in refusing Matteson’s case Lincoln turned his back on one of his own influential clients, whom he had represented in the Supreme Court but a short time before this happened. See the appeal of Constant vs. Matteson et al., argued at the January term of 1859, in the Second Grand Division. (Illinois Reports, xxii, 546-62.)
[ii-22] James Judson Lord to William H. Herndon, in Herndon, ii, 14-15, note; Letter of Mrs. Katherine Lord Driscoll to the author.
[ii-23] General John H. Littlefield, in Success, February, 1901, p. 600; Lincolnics, 31. An interview, somewhat like these two, culled from the practice of the eminent Southern lawyer and statesman, Robert Toombs, is thus related by his biographer: “On one occasion he said to a client who had stated his case to him, ‘Yes, you can recover in this suit, but you ought not to do so. This is a case in which law and justice are on opposite sides.’ The client told him he would push the case, anyhow. ‘Then,’ replied Mr. Toombs, ‘you must hire some one else to assist you in your damned rascality.’ ” (Stovall, 18-19.) Another distinguished Southerner, Alexander H. Stephens, held equally conscientious opinions as to what constitutes a lawyer’s duty. These views, based on a long and honorable career, occupy a notable place in his Recollections. (See Stephens, 383-89.)
[ii-24] Rev. John Putnam Gulliver, in the New York Independent, September 1, 1864. The article is reprinted in Carpenter, 309-17.
[ii-25] Atkinson, 28-29; Lamon, 40, note.
[ii-26] For details concerning these and other similar incidents the reader is referred to: Curtis’s Lincoln, 77; Browne, 646-47; Brooks, 426; Carpenter, 78, 114-15; Hill, 131, 198; Tarbell, i, 254; Bateman, 30-32; Flower, 63; Emerson, 5-9; Works, ii, 70, 368; ibid., iii, 32; ibid., ix, 26, 84-85; Debates, 13, 26; Scribner’s Magazine, February, 1878, p. 565. See, also, Speed, 18.
[ii-27] From the response by Justice David Davis, of the United States Supreme Court, to resolutions presented upon the death of Lincoln, at a session of the Federal Circuit Court held in Indianapolis, May 19, 1865.