Many of the reminiscences relate to Lincoln's skill at cross-examination, in which, it is asserted, he had no equal at the Illinois bar. Judge Davis declared that he had the rare gift of compelling a witness, either friendly or unfriendly, to tell the whole truth, and seldom resorted to the browbeating tactics so often used by attorneys. He never irritated a witness, but treated him so kindly and courteously as to disarm him of any hostile intention.
He never used a word which the dullest juryman could not understand. A lawyer quoting a legal maxim one day in court, turned to Lincoln and said, "That is so, is it not, Mr. Lincoln?"
"If that's Latin," Lincoln replied, "you had better call another witness."
Mr. T. W. S. Kidd says that he once heard a lawyer opposed to Lincoln trying to convince a jury that precedent was superior to law, and that custom made things legal in all cases. When Lincoln rose to answer, he told the jury he would argue his case in the same way. Said he, "Old Squire Bagly, from Menard, came into my office and said, 'Lincoln, I want your advice as a lawyer. Has a man what's been elected justice of the peace a right to issue a marriage license?' I told him he had not; when the old squire threw himself back in his chair very indignantly, and said, 'Lincoln, I thought you was a lawyer. Now, Bob Thomas and me had a bet on this thing, and we agreed to let you decide; but if this is your opinion I don't want it, for I know a thunderin' sight better, for I have been squire now eight years and have done it all the time.'"
Lincoln always felt and frequently expressed a deep sense of gratitude to Judge Stephen T. Logan, his second partner, with whom he became associated in 1841. Judge Logan was the recognized head of his profession in the central part of the State, a man of high ideals, noble character, and excellent professional habits. Such example and instruction were of the greatest service in forming Lincoln's professional habits, because he was naturally careless in his methods, and at that period of his life was inclined to depend upon his wits rather than his knowledge and to indulge in emotional bursts of oratory rather than simple, convincing logic. He attributed his superior faculty in presenting a case to Judge Logan's instructions. Nor was he the only man who owed much of his success in life to this great preceptor. Four of Judge Logan's law students found their way to the United States Senate and three were Governors of States.
When Lincoln's experience in Congress had extended his reputation, broadened his ideas, and given him a better knowledge of men and things, his practical value as a partner was recognized by the members of one of the most prominent law firms in Chicago, who invited him to join them; but he declined on the ground that his family ties as well as his professional connections were in Springfield, and he feared that his health would not endure the close confinement of a city office.
Among Lincoln's manuscripts after his death were found a few pages of notes evidently intended or, perhaps, used at some time for a lecture to law students, and which express in a very clear manner his opinions as to the ethics of practice. His words should be printed upon card-board and hung in every law office in the land.
"... Extemporaneous speaking should be practised and cultivated. It is the lawyer's avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet, there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance. Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough. Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.... There is a vague popular belief that lawyers are necessarily dishonest. I say vague because, when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common,—almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief. Resolve to be honest at all events; and if, in your own judgment, you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation rather than one in the choosing of which you do, in advance, consent to be a knave."
Lincoln and McClellan first met three or four years before the war, when the latter was Vice-President and Chief Engineer of the Illinois Central Railroad and the former was attorney for that company. General McClellan, in his autobiography, gives an account of his relations with Lincoln at that time, but they were never intimate.
In 1859, when Lincoln appeared for the Illinois Central Railroad in a case which it did not wish to try at that term, he remarked to the court,—