CHAPTER XVII.

LINCOLN FINALLY DECIDES ON A LEGAL CAREER.—HIS FIRST SESSION IN THE

GENERAL ASSEMBLY OF ILLINOIS.

[Illustration:

STEPHEN A. DOUGLAS.

Born at Brandon, Vermont, April 23, 1813; died in Chicago, June 3,

1861. Douglas learned a trade when a boy, but abandoned it to study

law. Obliged to support himself, he went to Illinois in 1833, where

he taught school until admitted to the bar. In 1835 he was elected

State Attorney-General, but resigned at the end of the year, having

been elected to the General Assembly. In 1837 he was appointed

register of the land-office at Springfield; in 1838 was defeated in

a contest for Congress; in 1840 was appointed Secretary of State; in

1841 was elected judge of the Supreme Court of Illinois. From 1843

to 1846 he was in Congress, and for fourteen years after was a

United States Senator. The Lincoln and Douglas debates took place in

his last senatorial canvass. In 1860 Mr. Douglas was the Democratic

candidate for President, and was defeated by Lincoln. He died in

1861.

]

The best thing which Lincoln did in the canvass of 1834 was not winning

votes; it was coming to a determination to read law, not for pleasure,

but as a business. In his autobiographical notes he says: “During the

canvass, in a private conversation, Major John T. Stuart (one of his

fellow-candidates) encouraged Abraham to study law. After the election

he borrowed books of Stuart, took them home with him, and went at it in

good earnest. He never studied with anybody.” He seems to have thrown

himself into the work with an almost impatient ardor. As he tramped back

and forth from Springfield, twenty miles away, to get his law-books, he

read sometimes forty pages or more on the way. Often he was seen

wandering at random across the fields, repeating aloud the points in his

last reading. The subject seemed never to be out of his mind. It was the

great absorbing interest of his life. The rule he gave twenty years

later to a young man who wanted to know how to become a lawyer, was the

one he practised:

[Illustration:

REPORT OF A ROAD SURVEY BY LINCOLN.—HITHERTO UNPUBLISHED.

Photographed for this biography from the original, now on file in the

County Clerk’s office, Springfield, Illinois. The survey here

reported was made in pursuance of an order of the County

Commissioners’ Court, September 1, 1834, in which Lincoln was

designated as the surveyor.

]

[Illustration:

A MAP MADE BY LINCOLN OF A PIECE OF ROAD IN MENARD COUNTY,

ILLINOIS.—HITHERTO UNPUBLISHED.

Photographed from the original for this biography. This map, which, as

here reproduced, is about one-half the size of the original,

accompanied Lincoln’s report of the survey of a part of the road

between Athens and Sangamon town. For making this map, Lincoln

received fifty cents. He received three dollars for the day he spent

in relocating the road. (See report, page 198.) The road evidently

was located “on good ground,” and was “necessary and proper,” as the

report says, for it is still the main travelled highway leading into

the country south of Athens, Menard County.

]

“Get books, and read and study them carefully. Begin with Blackstone’s

‘Commentaries,’ and after reading carefully through, say twice, take up

Chitty’s ‘Pleadings,’ Greenleaf’s ‘Evidence,’ and Story’s ‘Equity,’ in

succession. Work, work, work, is the main thing.”

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.”

THE ILLINOIS ASSEMBLY OF 1834.

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 euphonious 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.

[Illustration:

SURVEY OF A SECTION OF LAND BY LINCOLN.—NOW FIRST PUBLISHED.

From the original, in the possession of Z. A. Enos, Springfield,

Illinois. “The Sangamon River runs through this section,” says Mr.

Enos, himself a veteran surveyor, “and the section lines in the

government survey were not extended across, but closed on the river,

without any connection being made between the opposite marginal

corners or lines; and though shown on the government plats as being

continuous straight east or west lines across the river, they were,

in fact, surveyed by the government surveyor as represented by Mr.

Lincoln’s plat.” This plat is also interesting as “showing,” as Mr.

Enos says, “how Illinois lands were valued at that date, as

indicated by the value of the several lots in the school section, as

determined by the trustees, and marked by them on each tract, and at

those estimated values the lots were then subject to purchase.”

]

The Assembly which he entered was composed of eighty-one

members—twenty-six senators and fifty-five representatives. As a rule,

these men were of Kentucky, Tennessee, or Virginia origin, with here and

there a Frenchman. There were but few Eastern men, for there was still a

strong prejudice in the State against Yankees. The close bargains and

superior airs of the emigrants from New England contrasted so

unpleasantly with the open-handed hospitality and the easy ways of the

Southerners and French, that a pioneer’s prospects were blasted at the

start if he acted like a Yankee. A history of Illinois in 1837,

published, evidently, to “boom” the State, cautioned the emigrant that

if he began his life in Illinois by “affecting superior intelligence and

virtue, and catechizing the people for their habits of plainness and

simplicity, and their apparent want of those things which he imagines

indispensable to comfort,” he must expect to be forever, marked as “a

Yankee,” and to have his prospects correspondingly defeated. A

“hard-shell” Baptist preacher of this date showed the feeling of the

people when he said, in preaching of the richness of the grace of the

Lord: “It tuks in the isles of the sea and the uttermust part of the

yeth. It embraces the Esquimaux and the Hottentots, and some, my dear

brethering, go so far as to suppose that it tuks in the poor benighted

Yankees; but _I don’t go that fur_.” When it came to an election of

legislators, many of the people “didn’t go that fur” either.

There was a preponderance of jean suits like Lincoln’s in the Assembly,

and there were occasional coonskin caps and buckskin trousers.

Nevertheless, more than one member showed a studied garb and a courtly

manner. Some of the best blood of the South went into the making of

Illinois, and it showed itself from the first in the Assembly. The

surroundings of the legislators were quite as simple as the attire of

the plainest of them. The court-house, in good old Colonial style, with

square pillars and belfry, was finished with wooden desks and benches.

The State furnished her law-makers few perquisites beyond their three

dollars a day. A cork inkstand, a certain number of quills, and a

limited amount of stationery were all the extras an Illinois legislator

in 1834 got from his position. Scarcely more could be expected from a

State whose revenues from December 1, 1834, to December 1, 1836, were

only about one hundred and twenty-five thousand dollars, with

expenditures during the same period amounting to less than one hundred

and sixty-five thousand dollars.

Lincoln thought little of these things, no doubt. To him the absorbing

interest was the men he met. To get acquainted with them, measure them,

compare himself with them, and discover wherein they were his superiors

and what he could do to make good his deficiency—this was his chief

occupation. The men he met were good subjects for such study. Among them

were William L. D. Ewing, Jesse K. Dubois, Stephen T. Logan, Thomas

Ford, and Governor Duncan—men destined to play large parts in the

history of the State. One whom he met that winter in Vandalia was

destined to play a great part in the history of the nation—the

Democratic candidate for the office of State attorney for the first

judicial district of Illinois—a man four years younger than Lincoln (he

was only twenty-one at the time); a new-comer, too, in the State, having

arrived about a year before, under no very promising auspices either,

for he had only thirty-seven cents in his pockets, and no position in

view; but a man of metal, it was easy to see, for already he had risen

so high in the district where he had settled, that he dared contest the

office of State attorney with John J. Hardin, one of the most successful

lawyers of the State. This young man was Stephen A. Douglas. He had come

to Vandalia from Morgan County to conduct his campaign, and Lincoln met

him first in the halls of the old court-house, where he and his friends

carried on with success their contest against Hardin.

[Illustration:

LINCOLN IN 1861.—NOW FIRST PUBLISHED.

From a photograph loaned by Mr. Frank A. Brown of Minneapolis,

Minnesota. This beautiful photograph was taken, probably early in

1861, by Alexander Hesler of Chicago. It was used by Leonard W.

Volk, the sculptor, in his studies of Lincoln.

]

The ninth Assembly gathered in a more hopeful and ambitious mood than

any of its predecessors. Illinois was feeling well. The State was free

from debt. The Black Hawk War had stimulated the people greatly, for it

had brought a large amount of money into circulation. In fact, the

greater portion of the eight to ten million dollars the war had cost,

had been circulated among the Illinois volunteers. Immigration, too, was

increasing at a bewildering rate. In 1835 the census showed a population

of 269,974. Between 1830 and 1835 two-fifths of this number had come in.

In the northeast, Chicago had begun to rise. “Even for Western towns”

its growth had been unusually rapid, declared Peck’s “Gazetteer” of

1834; the harbor building there, the proposed Michigan and Illinois

canal, the rise in town lots—all promised to the State a great

metropolis. To meet the rising tide of prosperity, the legislators of

1834 felt that they must devise some worthy scheme, so they chartered a

new State bank, with a capital of one million five hundred thousand

dollars, and revived a bank which had broken twelve years before,

granting it a charter of three hundred thousand dollars. There was no

surplus money in the State to supply the capital; there were no trained

bankers to guide the concern; there was no clear notion of how it was

all to be done; but a banking capital of one million eight hundred

thousand dollars would be a good thing in the State, they were sure; and

if the East could be made to believe in Illinois as much as her

legislators believed in her, the stocks would go; and so the banks were

chartered.

But even more important to the State than banks was a highway. For

thirteen years plans of the Illinois and Michigan canal had been

constantly before the Assembly. Surveys had been ordered, estimates

reported, the advantages extolled, but nothing had been done. Now,

however, the Assembly, flushed by the first thrill of the coming “boom,”

decided to authorize a loan of a half-million on the credit of the

State. Lincoln favored both these measures. He did not, however, do

anything especially noteworthy for either of the bills, nor was the

record he made in other directions at all remarkable. He was placed on

the committee of public accounts and expenditures, and attended meetings

with great fidelity. His first act as a member was to give notice that

he would ask leave to introduce a bill limiting the jurisdiction of

justices of the peace—a measure which he succeeded in carrying through.

He followed this by a motion to change the rules, so that it should not

be in order to offer amendments to any bill after the third reading,

which was not agreed to; though the same rule, in effect, was adopted

some years later, and is to this day in force in both branches of the

Illinois Assembly. He next made a motion to take from the table a report

which had been submitted by his committee, which met a like fate. His

first resolution, relating to a State revenue to be derived from the

sales of the public lands, was denied a reference, and laid upon the

table. Neither as a speaker nor as an organizer did he make any especial

impression on the body.

[Illustration:

MAP OF ALBANY, ILLINOIS. MADE BY LINCOLN.—HITHERTO UNPUBLISHED.

The original of this plat is owned by Mr. J. Davidson Burns of

Kalamazoo, Michigan, to whose courtesy we owe the right of

reproduction.

]

The early life of Abraham Lincoln: containing many unpublished documents and unpublished reminiscences of Lincoln's early friends · 第 17 / 19 章