Having secured a book of legal forms, he was soon able to write deeds, contracts, and all sorts of legal instruments; and he was frequently called upon by his neighbors to perform services of this kind. "In 1834," says Daniel Green Burner, Berry and Lincoln's clerk, "my father, Isaac Burner, sold out to Henry Onstott, and he wanted a deed written. I knew how handy Lincoln was that way, and suggested that we get him. We found him sitting on a stump. 'All right,' said he, when informed what we wanted. 'If you will bring me a pen and ink and a piece of paper I will write it here.' I brought him these articles, and, picking up a shingle and putting it on his knee for a desk, he wrote out the deed." As there was no practising lawyer nearer than Springfield, Lincoln was often employed to act the part of advocate before the village squire, at that time Bowling Green. He realized that this experience was valuable, and never, so far as known, demanded or accepted a fee for his services in these petty cases.
Justice was sometimes administered in a summary way in Squire Green's court. Precedents and the venerable rules of law had little weight. The "Squire" took judicial notice of a great many facts, often going so far as to fill, simultaneously, the two functions of witness and court. But his decisions were generally just.
James McGrady Rutledge tells a story in which several of Lincoln's old friends figure and which illustrates the legal practices of New Salem. "Jack Kelso," says Mr. Rutledge, "owned or claimed to own a white hog. It was also claimed by John Ferguson. The hog had often wandered around Bowling Green's place, and he was somewhat acquainted with it. Ferguson sued Kelso, and the case was tried before 'Squire' Green. The plaintiff produced two witnesses who testified positively that the hog belonged to him. Kelso had nothing to offer, save his own unsupported claim.
"'Are there any more witnesses?' inquired the court.
"He was informed that there were no more.
"'Well,' said 'Squire' Green, 'the two witnesses we have heard have sworn to a —— lie. I know this shoat, and I know it belongs to Jack Kelso. I therefore decide this case in his favor.'"
An extract from the record of the County Commissioners' Court illustrates the nature of the cases that came before the justice of the peace in Lincoln's day. It also shows the price put upon the privilege of working on Sunday, in 1832:
JANUARY 29, 1832.—Alexander Gibson found guilty of Sabbath-breaking and fined 12½ cents. Fine paid into court.
"(Signed) EDWARD ROBINSON, J.P."
LINCOLN ENTERS THE ILLINOIS ASSEMBLY.
The session of the ninth Assembly began December 1, 1834, and Lincoln went to the capital, then Vandalia, seventy-five miles southeast of New Salem, on the Kaskaskia River, in time for the opening. Vandalia was a town which had been called into existence in 1820 especially to give the State government an abiding-place. Its very name had been chosen, it is said, because it "sounded well" for a State capital. As the tradition goes, while the commissioners were debating what they should call the town they were making, a wag suggested that it be named Vandalia, in honor of the Vandals, a tribe of Indians which, said he, had once lived on the borders of the Kaskaskia; this, he argued, would conserve a local tradition while giving a euphonous title. The commissioners, pleased with so good a suggestion, adopted the name. When Lincoln first went to Vandalia it was a town of about eight hundred inhabitants; its noteworthy features, according to Peck's "Gazetteer" of Illinois for 1834, being a brick court-house, a two-story brick edifice "used by State officers," "a neat framed house of worship for the Presbyterian Society, with a cupola and bell," "a framed meeting-house for the Methodist Society," three taverns, several stores, five lawyers, four physicians, a land office, and two newspapers. It was a much larger town than Lincoln had ever lived in before, though he was familiar with Springfield, then twice as large as Vandalia, and he had seen the cities of the Mississippi.