But Lincoln was ever on the alert to expose his opponent's fallacies, and to hold up the author to the derision or condemnation of his hearers.
Mr. Lincoln's first fame rests, therefore, on that great debate. Judge Douglas had long been famous as an experienced politician and an exceptionally skilful debater. As lawyers both ranked high in their State at a time when the bar of Illinois could boast of exceptionally brilliant and able forensic talent.
As it is my purpose to treat of both these great men in some detail in subsequent pages of this work, devoting at least a full chapter to Mr. Lincoln, so long my admired and never failing friend, I shall now proceed to give some personal recollections concerning certain other of the distinguished characters of that day, chiefly those connected with the bar.
I knew Judge David Davis very well. He was Circuit Judge on our State circuit for a number of years, and until Mr. Lincoln became President, when he was made Associate Justice of the Supreme Court of the United States. When a young lawyer Davis was a Whig; and my father, being also a Whig, took a great interest in him, as he did in every young lawyer he knew who became affiliated with that party. My father thought himself justified in believing that Davis would become a power in the land. Hence he took up the young man soon after he had settled in the practice of the law at Bloomington; and I have heard him state that he gave Davis the first case he ever had in Tazewell County, by advising another to employ him. But he re-enacted, on the less conspicuous forum, the distressing experience of failure of Disraeli in his first attempt to address the English House of Commons. Davis broke down in the speech he had prepared to make, to the great mortification of my father, who had exhibited such unusual pride and confidence as to counsel his employment in the case. Subsequently Davis redeemed himself, as did Disraeli, and became a most prominent and successful lawyer.
Among other interesting circumstances of his career was that of a little claim he had for a client in Boston against a merchant in Chicago. He could not collect the debt, except by levying on a tract of land in Chicago—eighty acres, I think. Davis reported what he had done, and his client manifested dissatisfaction with the result. He so vigorously stated his disappointment to Davis, that the latter immediately redeemed the land by taking it himself and paying the amount of money due the client. This tract grew in value with the growth of Chicago until it became worth a million dollars or more.
Judge Davis was a remarkably popular man on his circuit. He was thoroughly honest, and could not endure a dishonest man on the witness-stand or anywhere else. I remember a man in Chicago who on one occasion filed a bill of discovery for the purpose of finding real estate that he seemed once to have had an interest in, and which also involved the insertion of Judge Davis's own name, since he had himself at one time owned the tract of land involved. The man had lost his voice to a considerable extent, so that he had come to be called "Whispering Smith." He became notorious as a successful collector of debts, where persons had failed and were unable to pay their debts. He had filed in this case a bill of discovery consisting of thirty or forty printed pages which included the names of many persons who had been found to have owned the real estate at one time or another, among them being Judge Davis. Discovering this, and being entirely innocent of any complicity with the party who had failed, the Judge denounced Smith in open court for the outrage of swearing to something he did not know anything about, and practically threw him out of court.
There was an incident characteristic of his fidelity to friendships which I think well worth relating. It occurred when I was Governor of Illinois. I was invited by the Agricultural Society of McLean County to deliver an address, and went to Bloomington on the day designated. I was called upon by Judge Davis, who resided there. He was a very polite man, and asked me if he could not take me out to the fair-ground. I told him I would be delighted if he would do so. He came for me with his carriage, and on our arrival at the grounds took me to the stand, disregarding the prearrangements of the officials of the fair, and introduced me to the audience. In doing so he made a speech, very complimentary to my father, but scarcely mentioning me at all—not more than to introduce me at the end of his eulogistic remarks. Many of the lawyers of the town were present. I knew them all, and they were much amused at this unusual style of introduction. And so was I. I knew, of course, that he was a great friend of my father, and a great friend of mine as well.
Judge Davis was elected to the Senate in 1877 to succeed General Logan, and resigned his seat on the bench to accept the position. He became quite fond of the Senate, and during his one term there he was elected president pro tempore of the body under somewhat unusual conditions. The Senate at that time was almost evenly divided between the two parties. The two senators from New York, however (both Republicans), and Mr. Aldrich, of Rhode Island, had been elected by their respective Legislatures, but had not taken their seats. This gave the Democrats a temporary majority, and the Senate proceeded to elect Senator Bayard, of Delaware, as its president pro tempore. Within the next day or two, however, the two New York senators and Senator Aldrich were admitted to their seats; this left a majority of two for the Republicans if Davis acted with them, and the two parties tied if Davis acted with the Democrats. Under these circumstances, General Logan, who after being out for two years had been re-elected to the Senate, moved in the caucus that David Davis be the Republican candidate for president pro tempore. Later he made the nomination in the Senate itself, and Senator Davis was elected, Senator Bayard descending, amid general laughter, from the chair which he had occupied for but a short time.
Senator Davis was very proud of the position of president pro tempore, which he retained to the end of his Senate term. He had been acting quite independently, but seemed to incline a little toward the Democrats. After he became president pro tempore, while he never announced himself a Republican, he generally acted with the Republicans.
I was in the Senate the day before Senator Davis's term expired. He was soliloquizing to himself in the intervals of putting motions and attending to the routine of his office. He was very fond of Senator Isham G. Harris of Tennessee, and when he had occasion to call a senator to the chair, generally it would be Harris. He called Harris to him while I was there, and I heard him say as his friend came up: "Harris, Harris! When I get out of here I won't have to listen to old Bayard any more!"