CHAPTER XI.

[Illustration: The Globe Tavern 363]

Photographed in 1886.

After the wedding of Lincoln and Miss Todd at the Edwards mansion we

hear but little of them as a married couple till the spring of 1843,

when the husband writes to his friend Speed, who had been joined to his

"black-eyed Fanny" a little over a year, with regard to his life as a

married man. "Are you possessing houses and lands," he writes, "and oxen

and asses and men-servants and maid-servants, and begetting sons and

daughters? We are not keeping house, but boarding at the Globe Tavern,

which is very well kept now by a widow lady of the name of Beck. Our

room (the same Dr. Wallace occupied there) and boarding only costs us

four dollars a week." Gaining a livelihood was slow and discouraging

business with him, for we find him in another letter apologizing for his

failure to visit Kentucky, "because," he says, "I am so poor and make so

little headway in the world that I drop back in a month of idleness as

much as I gain in a year's sowing." But by dint of untiring efforts and

the recognition of influential friends he managed through rare frugality

to move along. In his struggles, both in the law and for political

advancement, his wife shared in his sacrifices. She was a plucky little

woman, and in fact endowed with a more restless ambition than he. She

was gifted with a rare insight into the motives that actuate mankind,

and there is no doubt that much of Lincoln's success was in a measure

attributable to her acuteness and the stimulus of her influence. His

election to Congress within four years after their marriage afforded

her extreme gratification. She loved power and prominence, and when

occasionally she came down to our office, it seemed to me then that she

was inordinately proud of her tall and ungainly husband. She saw in him

bright prospects ahead, and his every move was watched by her with the

closest interest. If to other persons he seemed homely, to her he was

the embodiment of noble manhood, and each succeeding day impressed upon

her the wisdom of her choice of Lincoln over Douglas--if in reality she

ever seriously accepted the latter's attentions. "Mr. Lincoln may not

be as handsome a figure," she said one day in the office during her

husband's absence, when the conversation turned on Douglas, "but the

people are perhaps not aware that his heart is as large as his arms are

long."

Mrs. Lincoln accompanied her husband to Washington and remained during

one session of Congress. While there they boarded at the same house with

Joshua R. Giddings, and when in 1856 the valiant old Abolitionist came

to take part in the canvass in Illinois, he early sought out Lincoln,

with whom he had been so favorably impressed several years before. On

his way home from Congress Lincoln came by way of Niagara Falls and down

Lake Erie to Toledo or Detroit. It happened that, some time after,

I went to New York and also returned by way of Niagara Falls. In the

office, a few days after my return, I was endeavoring to entertain my

partner with an account of my trip, and among other things described the

Falls. In the attempt I indulged in a good deal of imagery. As I warmed

up with the subject my descriptive powers expanded accordingly. The mad

rush of water, the roar, the rapids, and the rainbow furnished me with

an abundance of material for a stirring and impressive picture. The

recollection of the gigantic and awe-inspiring scene stimulated my

exuberant powers to the highest pitch. After well-nigh exhausting myself

in the effort I turned to Lincoln for his opinion. "What," I inquired,

"made the deepest impression on you when you stood in the presence of

the great natural wonder?" I shall never forget his answer, because it

in a very characteristic way illustrates how he looked at everything.

"The thing that struck me most forcibly when I saw the Falls," he

responded, "was, where in the world did all that water come from?"

He had no eye for the magnificence and grandeur of the scene, for the

rapids, the mist, the angry waters, and the roar of the whirlpool, but

his mind, working in its accustomed channel, heedless of beauty or awe,

followed irresistibly back to the first cause. It was in this light he

viewed every question. However great the verbal foliage that concealed

the nakedness of a good idea Lincoln stripped it all down till he could

see clear the way between cause and effect. If there was any secret in

his power this surely was it.

After seeing Niagara Falls he continued his journey homeward. At some

point on the way, the vessel on which he had taken passage stranded on a

sand bar. The captain ordered the hands to collect all the loose planks,

empty barrels and boxes and force them under the sides of the boat.

These empty casks were used to buoy it up. After forcing enough of them

under the vessel she lifted gradually and at last swung clear of the

opposing sand bar. Lincoln had watched this operation very intently. It

no doubt carried him back to the days of his navigation on the turbulent

Sangamon, when he and John Hanks had rendered similar service at New

Salem dam to their employer, the volatile Offut. Continual thinking on

the subject of lifting vessels over sand bars and other obstructions in

the water suggested to him the idea of inventing an apparatus for that

purpose. Using the principle involved in the operation he had just

witnessed, his plan was to attach a kind of bellows on each side of the

hull of the craft just below the water line, and, by an odd system of

ropes and pulleys, whenever the keel grated on the sand these bellows

were to be filled with air, and thus buoyed up, the vessel was expected

to float clear of the shoal. On reaching home he at once set to work to

demonstrate the feasibility of his plan. Walter Davis, a mechanic having

a shop near our office, granted him the use of his tools, and likewise

assisted him in making the model of a miniature vessel with the

arrangement as above described. Lincoln manifested ardent interest

in it. Occasionally he would bring the model in the office, and while

whittling on it would descant on its merits and the revolution it was

destined to work in steamboat navigation. Although I regarded the thing

as impracticable I said nothing, probably out of respect for Lincoln's

well-known reputation as a boatman. The model was sent or taken by him

to Washington, where a patent was issued, but the invention was never

applied to any vessel, so far as I ever learned, and the threatened

revolution in steamboat architecture and navigation never came to pass.

The model still reposes in undisturbed slumber on the shelves in the

Patent Office, and is the only evidence now existing of Lincoln's

success as an inventor.*

* Following is a copy of Lincoln's application for the

patent on his "Improved Method of Lifting Vessels Over

Shoals": "What I claim as my invention, and desire to secure

by letters patent, is the combination of expansible buoyant

chambers placed at the sides of a vessel with the main shaft

or shafts by means of the sliding spars, which pass down

through the buoyant chambers and are made fast to their

bottoms and the series of ropes and pulleys or their

equivalents in such a manner that by turning the main shaft

or shafts in one direction the buoyant chambers will be

forced downwards into the water, and at the same time

expanded and filled with air for buoying up the vessel by

the displacement of water, and by turning the shafts in an

opposite direction the buoyant chambers will be contracted

into a small space and secured against injury.

"A. Lincoln."

Shortly before the close of his term in Congress he appears in a new

role. Having failed of a re-election he became an applicant for the

office of Commissioner of the General Land Office. He had been urged to

this step by many of his Whig friends in Illinois, but he was so hedged

about with other aspirants from his own State that he soon lost all

heart in the contest. He was too scrupulous, and lacked too much the

essentials of self-confidence and persistence, to be a successful

suitor for office. In a letter to Joshua Speed, who had written him of

a favorable reference to him by Mr. Crittenden, of Kentucky,* he says,

February 20, 1849, "I am flattered to learn that Mr. Crittenden has any

recollection of me which is not unfavorable; and for the manifestation

of your kindness towards me I sincerely thank you."

* Lincoln had asked Speed to see Crittenden (then Governor

of Kentucky) and secure from the latter a recommendation for

Baker, who wanted a first-class foreign mission. Crittenden

did not approve of Baker, but suggested that he would favor

Lincoln, whom he regarded as a rising man. Speed suggested

to Lincoln to apply for the place himself. "I have pledged

myself to Baker," he answered, "and cannot under any

circumstances consent to the use of my name so long as he is

urged for the same place."

"Still, there is nothing about me to authorize me to think of a

first-class office, and a second-class one would not compensate me for

being sneered at by others who want it for themselves. I believe that,

so far as the Whigs in Congress are concerned, I could have the General

Land Office almost by common consent; but then Sweet and Dav. Morrison

and Browning and Cyrus Edwards all want it, and what is worse, while I

think I could easily take it myself I fear I shall have trouble to

get it for any other man in Illinois. The reason is that McGaughey, an

Indiana ex-member of Congress, is here after it, and being personally

known he will be hard to beat by any one who is not." But, as the sequel

proved, there was no need to fear the Hoosier statesman, for although he

had the endorsement of General Scott and others of equal influence,

yet he was left far behind in the race, and along with him Lincoln,

Morrison, Browning, and Edwards. A dark horse in the person of Justin

Butterfield, sprang into view, and with surprising facility captured

the tempting prize. This latter and successful aspirant was a lawyer

of rather extensive practice and reputation in Chicago. He was shrewd,

adroit, and gifted with a knowledge of what politicians would call good

management--a quality or characteristic in which Lincoln was strikingly

deficient. He had endorsed the Mexican war, but, strangely enough, had

lost none of his prestige with the Whigs on that account.*

* The following letter by Butterfield's daughter is not

without interest:

"Chicago, Oct. l2th, 1888.

"Mr. Jesse W. Weik.

"Dear Sir:

"My father was born in Keene, N. H., in 1790, entered

Williams College, 1807, and removed to Chicago in 1835.

After the re-accession of the Whigs to power he was on the

21st of June in 1849 appointed Commissioner of the Land

Office by President Taylor. A competitor for the position at

that time was Abraham Lincoln, who was beaten, it was said,

by 'the superior dispatch of Butterfield in reaching

Washington by the Northern route,' but more correctly by the

paramount influence of his friend Daniel Webster.

"He held the position of Land Commissioner until disabled by

paralysis in 1852. After lingering for three years in a

disabled ana enfeebled condition, he died at his home in

Chicago, October 23d, 1855, in his sixty-third year.

"Very respectfully,

"Elizabeth Sawyer."

The close of Congress and the inauguration of Taylor were the signal

for Lincoln's departure from Washington. He left with the comforting

assurance that as an office-seeker he was by no means a success. Besides

his lack of persistence, he had an unconscious feeling of superiority

and pride that admitted of no such flexibility of opinion as the

professional suitor for office must have, in order to succeed. He

remained but a few days at his home in Illinois, however, before he

again set out for Washington. The administration of President Taylor

feeling that some reward was due Lincoln for his heroic efforts on the

stump and elsewhere in behalf of the Whig party and its measures, had

offered him the office of either Governor or Secretary of Oregon,

and with the view of considering this and other offers he returned to

Washington. Lincoln used to relate of this last-named journey an amusing

incident illustrating Kentucky hospitality. He set out from Ransdell's

tavern in Springfield, early in the morning. The only other passenger

in the stage for a good portion of the distance was a Kentuckian, on his

way home from Missouri. The latter, painfully impressed no doubt with

Lincoln's gravity and melancholy, undertook to relieve the general

monotony of the ride by offering him a chew of tobacco. With a plain

"No, sir, thank you; I never chew," Lincoln declined, and a long period

of silence followed. Later in the day the stranger, pulling from his

pocket a leather-covered case, offered Lincoln a cigar, which he also

politely declined on the ground that he never smoked. Finally, as they

neared the station where horses were to be changed, the Kentuckian,

pouring out a cup of brandy from a flask which had lain concealed in his

satchel, offered it to Lincoln with the remark, "Well, stranger, seeing

you don't smoke or chew, perhaps you'll take a little of this French

brandy. It's a prime article and a good appetizer besides." His tall

and uncommunicative companion declined this last and best evidence

of Kentucky hospitality on the same ground as the tobacco. When they

separated that afternoon, the Kentuckian, transferring to another stage,

bound for Louisville, shook Lincoln warmly by the hand. "See here,

stranger," he said, good-humoredly, "you're a clever, but strange

companion. I may never see you again, and I don't want to offend you,

but I want to say this: my experience has taught me that a man who

has no vices has d------d few virtues. Good-day." Lincoln enjoyed this

reminiscence of the journey, and took great pleasure in relating it.

During this same journey occurred an incident for which Thomas H.

Nelson, of Terre Haute, Indiana, who was appointed Minister to Chili by

Lincoln, when he was President, is authority. "In the spring of 1849,"

relates Nelson, "Judge Abram Hammond, who was afterwards Governor of

Indiana, and I arranged to go from Terre Haute to Indianapolis in the

stage coach. An entire day was usually consumed in the journey. By

daybreak the stage had arrived from the West, and as we stepped in

we discovered that the entire back seat was occupied by a long, lank

individual, whose head seemed to protrude from one end of the coach

and his feet from the other. He was the sole occupant, and was sleeping

soundly. Hammond slapped him familiarly on the shoulder, and asked him

if he had chartered the stage for the day. The stranger, now wide awake,

responded, 'Certainly not,' and at once took the front seat, politely

surrendering to us the place of honor and comfort. We took in our

travelling companion at a glance. A queer, odd-looking fellow he was,

dressed in a well-worn and ill-fitting suit of bombazine, without vest

or cravat, and a twenty-five-cent palm hat on the back of his head.

His very prominent features in repose seemed dull and expressionless.

Regarding him as a good subject for merriment we perpetrated several

jokes. He took them all with the utmost innocence and good-nature, and

joined in the laugh, although at his own expense. At noon we stopped

at a wayside hostelry for dinner. We invited him to eat with us, and he

approached the table as if he considered it a great honor. He sat with

about half his person on a small chair, and held his hat under his arm

during the meal. Resuming our journey after dinner, conversation drifted

into a discussion of the comet, a subject that was then agitating the

scientific world, in which the stranger took the deepest interest. He

made many startling suggestions and asked many questions. We amazed him

with words of learned length and thundering sound. After an astounding

display of wordy pyrotechnics the dazed and bewildered stranger asked:

'What is going to be the upshot of this comet business?' I replied

that I was not certain, in fact I differed from most scientists and

philosophers, and was inclined to the opinion that the world

would follow the darned thing off! Late in the evening we reached

Indianapolis, and hurried to Browning's hotel, losing sight of the

stranger altogether. We retired to our room to brush and wash away the

dust of the journey. In a few minutes I descended to the portico, and

there descried our long, gloomy fellow-traveller in the center of an

admiring group of lawyers, among whom were Judges McLean and Huntington,

Edward Hannigan, Albert S. White, and Richard W. Thompson, who seemed

to be amused and interested in a story he was telling. I enquired of

Browning, the landlord, who he was. "Abraham Lincoln, of Illinois,

a member of Congress," was the response. I was thunderstruck at the

announcement. I hastened upstairs and told Hammond the startling news,

and together we emerged from the hotel by a back door and went down

an alley to another house, thus avoiding further contact with our now

distinguished fellow-traveller. Curiously enough, years after this,

Hammond had vacated the office of Governor of Indiana a few days

before Lincoln arrived in Indianapolis, on his way to Washington to be

inaugurated President. I had many opportunities after the stage ride to

cultivate Mr. Lincoln's acquaintance, and was a zealous advocate of his

nomination and election to the Presidency. Before leaving his home for

Washington, Mr. Lincoln caused John P. Usher and myself to be invited to

accompany him. We agreed to join him in Indianapolis. On reaching that

city the Presidential party had already arrived, and upon inquiry we

were informed that the President-elect was in the dining-room of

the hotel, at supper. Passing through, we saw that every seat at the

numerous tables was occupied, but failed to find Mr. Lincoln. As we were

nearing the door to the office of the hotel, a long arm reached to my

shoulder and a shrill voice exclaimed, 'Hello, Nelson! do you think,

after all, the world is going to follow the darned thing off?' It was

Mr. Lincoln."

The benefits and advantages of the territorial posts offered by

President Taylor to Lincoln were freely discussed by the latter's

friends. Some urged his acceptance on the usual ground that when Oregon

was admitted as a State, he might be its first Senator. Lincoln himself

had some inclination to accept. He told me himself that he felt by his

course in Congress he had committed political suicide, and wanted to try

a change of locality--hence the temptation to go to Oregon. But when

he brought the proposition home to his fireside, his wife put her foot

squarely down on it with a firm and emphatic No. That always ended

it with Lincoln. The result of the whole thing proved a fortunate

deliverance for him, the propriety of which became more apparent as the

years rolled by.*

* About this time Grant Goodrich, a lawyer in Chicago,

proposed to take Lincoln into partnership with him. Goodrich

had an extensive and paying practice there, but Lincoln

refused the offer, giving as a reason that he tended to

consumption, and if he removed to a city like Chicago, he

would have to sit down and study harder than ever. The close

application required of him and the confinement in the

office, he contended, would soon kill him. He preferred

going around on the circuit, and even if he earned smaller

fees he felt much happier.

While a member of Congress and otherwise immersed in politics Lincoln

seemed to lose all interest in the law. Of course, what practice he

himself controlled passed into other hands. I retained all the business

I could, and worked steadily on until, when he returned, our practice

was as extensive as that of any other firm at the bar. Lincoln realized

that much of this was due to my efforts, and on his return he therefore

suggested that he had no right to share in the business and profits

which I had made. I responded that, as he had aided me and given me

prominence when I was young and needed it, I could afford now to be

grateful if not generous. I therefore recommended a continuation of the

partnership, and we went on as before. I could notice a difference in

Lincoln's movement as a lawyer from this time forward. He had begun

to realize a certain lack of discipline--a want of mental training and

method. Ten years had wrought some change in the law, and more in the

lawyers, of Illinois. The conviction had settled in the minds of the

people that the pyrotechnics of court room and stump oratory did not

necessarily imply extensive or profound ability in the lawyer who

resorted to it. The courts were becoming graver and more learned, and

the lawyer was learning as a preliminary and indispensable condition to

success that he must be a close reasoner, besides having at command

a broad knowledge of the principles on which the statutory law is

constructed. There was of course the same riding on circuit as before,

but the courts had improved in tone and morals, and there was less

laxity--at least it appeared so to Lincoln. Political defeat had wrought

a marked effect on him. It went below the skin and made a changed man

of him. He was not soured at his seeming political decline, but still he

determined to eschew politics from that time forward and devote himself

entirely to the law. And now he began to make up for time lost in

politics by studying the law in earnest. No man had greater power of

application than he. Once fixing his mind on any subject, nothing could

interfere with or disturb him. Frequently I would go out on the circuit

with him. We, usually, at the little country inns occupied the same bed.

In most cases the beds were too short for him, and his feet would hang

over the foot-board, thus exposing a limited expanse of shin bone.

Placing a candle on a chair at the head of the bed, he would read and

study for hours. I have known him to study in this position till two

o'clock in the morning. Meanwhile, I and others who chanced to occupy

the same room would be safely and soundly asleep. On the circuit in

this way he studied Euclid until he could with ease demonstrate all

the propositions in the six books. How he could maintain his mental

equilibrium or concentrate his thoughts on an abstract mathematical

proposition, while Davis, Logan, Swett, Edwards, and I so industriously

and volubly filled the air with our interminable snoring was a problem

none of us could ever solve. I was on the circuit with Lincoln

probably one-fourth of the time. The remainder of my time was spent in

Springfield looking after the business there, but I know that life on

the circuit was a gay one. It was rich with incidents, and afforded the

nomadic lawyers ample relaxation from all the irksome toil that fell to

their lot. Lincoln loved it. I suppose it would be a fair estimate to

state that he spent over half the year following Judges Treat and Davis

around on the circuit. On Saturdays the court and attorneys, if within a

reasonable distance, would usually start for their homes. Some went for

a fresh supply of clothing, but the greater number went simply to spend

a day of rest with their families. The only exception was Lincoln, who

usually spent his Sundays with the loungers at the country tavern, and

only went home at the end of the circuit or term of court. "At first,"

* relates one of his colleagues on the circuit, "we wondered at it,

but soon learned to account for his strange disinclination to go home.

Lincoln himself never had much to say about home, and we never felt free

to comment on it. Most of us had pleasant, inviting homes, and as we

struck out for them I'm sure each one of us down in our hearts had a

mingled feeling of pity and sympathy for him."

* David Davis, MS.

If the day was long and he was oppressed, the feeling was soon relieved

by the narration of a story. The tavern loungers enjoyed it, and his

melancholy, taking to itself wings, seemed to fly away. In the role of

a story-teller I am prone to regard Mr. Lincoln as without an equal. I

have seen him surrounded by a crowd numbering as many as two and in some

cases three hundred persons, all deeply interested in the outcome of a

story which, when he had finished it, speedily found repetition in every

grocery and lounging place within reach. His power of mimicry, as I have

before noted, and his manner of recital, were in many respects unique,

if not remarkable. His countenance and all his features seemed to take

part in the performance. As he neared the pith or point of the joke or

story every vestige of seriousness disappeared from his face. His little

gray eyes sparkled; a smile seemed to gather up, curtain like, the

corners of his mouth; his frame quivered with suppressed excitement; and

when the point--or "nub" of the story, as he called it--came, no one's

laugh was heartier than his. These backwoods allegories are out of date

now, and any lawyer, ambitious to gain prominence, would hardly dare

thus to entertain a crowd, except at the risk of his reputation; but

with Lincoln it gave him, in some mysterious way, a singularly firm hold

on the people.

Lincoln was particularly strong in Menard county, and while on the

circuit there he met with William Engle and James Murray, two men who

were noted also for their story-telling proclivities. I am not now

asserting for the country and the period what would at a later day be

considered a very high standard of taste. Art had not such patrons as

to-day, but the people loved the beautiful as Nature furnished it, and

the good as they found it, with as much devotion as the more refined

classes now are joined to their idols. Newspapers were scarce, and the

court-house, with its cluster of itinerant lawyers, disseminated much of

the information that was afterwards broken up into smaller bits at the

pioneer's fireside. A curious civilization indeed, but one through which

every Western State distant from the great arterial river or seaboard

lias had to pass.

When Lincoln, Murray, and Engle met, there was sure to be a crowd. All

were more or less masters in their art. I have seen the little country

tavern where these three were wont to meet after an adjournment of

court, crowded almost to suffocation with an audience of men who

had gathered to witness the contest among the members of the strange

triumvirate. The physician of the town, all the lawyers, and not

unfrequently a preacher could be found in the crowd that filled the

doors and windows. The yarns they spun and the stories, they told would

not bear repetition here, but many of them had morals which, while

exposing the weaknesses of mankind, stung like a whip-lash. Some were

no doubt a thousand years old, with just enough "verbal varnish" and

alterations of names and dates to make them new and crisp. By virtue of

the last-named application, Lincoln was enabled to draw from Balzac a

"droll story," and locating it in "Egypt"* or in Indiana, pass it off

for a purely original conception. Every recital was followed by its

"storm of laughter and chorus of cheers." After this had all died down,

some unfortunate creature, through whose thickened skull the point had

just penetrated, would break out in a guffaw, starting another wave

of laughter which, growing to the proportions of a billow, would come

rolling in like a veritable breaker.

* The word Egypt, so frequently used in this book, refers to

that portion of Illinois which lies south of the famous

National Road.

I have known these story-telling jousts to continue long after

midnight--in some cases till the very small hours of the morning. I have

seen Judge Treat, who was the very impersonation of gravity itself, sit

up till the last and laugh until, as he often expressed it, "he almost

shook his ribs loose." The next day he would ascend the bench and

listen to Lincoln in a murder trial, with all the seeming severity of an

English judge in wig and gown. Amid such surroundings, a leading

figure in such society, alternately reciting the latest effusion of the

bar room or mimicking the clownish antics of the negro minstrel, he

who was destined to be an immortal emancipator, was steadily and

unconsciously nearing the great trial of his life. We shall see further

on how this rude civilization crystallized both his logic and his wit

for use in another day.

Reverting again to Mr. Lincoln as a lawyer, it is proper to add that he

detested the mechanical work of the office. He wrote few papers--less

perhaps than any other man at the bar. Such work was usually left to me

for the first few years we were together. Afterwards we made good use of

students who came to learn the law in our office. A Chicago lawyer,* in

a letter to me about Mr. Lincoln, in 1866, says: "Lincoln once told

me that he had taken you in as a partner, supposing you had system and

would keep things in order, but that he found out you had no more system

than he had, but that you were in reality a good lawyer, so that he was

doubly disappointed." Lincoln knew no such thing as order or method in

his law practice. He made no preparation in advance, but trusted to

the hour for its inspiration and to Providence for his supplies. In

the matter of letter-writing** he made no distinction between one of a

business nature or any other kind.

* W. C. Whitney, MS.

** "I wish you would learn of Everett what he would take,

over and above a discharge, for all trouble we have been at

to take his business out of our hands and give it to

somebody else. It is impossible to collect money on that or

any other claim here, now, and although you know I am not a

very petulant man, I declare that I am almost out of

patience with Mr. Everett's endless importunities. It seems

like he not only writes all the letters he can himself, but

he gets everybody else in Louisville and vicinity to be

constantly writing to us about his claim. I have always said

that Mr. Everett is a very clever fellow, and I am very

sorry he cannot be obliged; but it does seem to me he ought

to know we are interested to collect his claim, and

therefore would do it if we could. I am neither joking nor

in a pet when I say we would thank him to transfer his

business to some other, without any compensation for what we

have done, provided he will see the court costs paid for

which we are security."--MS. letter to Joshua F. Speed,

March 27, 1842.

If a happy thought or expression struck him he was by no means reluctant

to use it. As early as 1839 wrote to a gentleman about a matter of

business, observing crustily that "a d------d hawk-billed Yankee is

here besetting me at every turn I take, saying that Robert Kenzie never

received the $80 to which he was entitled." In July, 1851, he wrote

a facetious message to one of his clients, saying: "I have news from

Ottawa that we win our case. As the Dutch justice said when he married

folks, 'Now where ish my hundred tol-lars.'"*

* The following unpublished letter in possession of C. F.

Gunther, Esq., Chicago, Ills., shows how he proposed to fill

a vacancy in the office of Clerk of the United States Court

It reads like the letter of a politician in the midst of a

canvass for office:

"Springfield, ILL., December 6,1854.

"Hon. Justice McLean.

"Sir: I understand it is in contemplation to displace the

present Clerk and appoint a new one for the Circuit and

District Courts of Illinois. I am very friendly to the

present incumbent, and both for his own sake and that of his

family, I wish him to be retained so long as it is possible

for the Court to do so.

"In the contingency of his removal, however, I have

recommended William Butler as his successor, and I do not

wish what I write now to be taken as any abatement of that

recommendation.

"William J. Black is also an applicant for the appointment,

and I write this at the solicitation of his friends to say

that he is every way worthy of the office, and that I doubt

not the conferring it upon him will give great satisfaction.

"Your ob't servant,

"A. Lincoln."

He was proverbially careless as to habits. In a letter to a

fellow-lawyer in another town, apologizing for failure to answer sooner,

he explains: "First, I have been very busy in the United States Court;

second, when I received the letter I put it in my old hat and buying a

new one the next day the old one was set aside, and so the letter was

lost sight of for a time." This hat of Lincoln's--a silk plug--was an

extraordinary receptacle. It was his desk and his memorandum-book. In

it he carried his bank-book and the bulk of his letters. Whenever in his

reading or researches he wished to preserve an idea, he jotted it down

on an envelope or stray piece of paper and placed it inside the lining.

Afterwards when the memorandum was needed there was only one place to

look for it.*

How Lincoln appeared and acted in the law office has been graphically

and, I must confess, truthfully told by a gentleman now in New York,

who was for several years a student in our office. I beg to quote a few

lines from him: "My brother met Mr. Lincoln in Ottawa, Ill.,** one day,

and said to him: 'I have a brother whom I would very much like to have

enter your office as a student.' 'All right!' was his reply; 'send him

down and we will take a look at him.' I was then studying law at Grand

Rapids, Mich., and on hearing from my brother I immediately packed

up and started for Springfield. I arrived there on Saturday night. On

Sunday Mr. Lincoln was pointed out to me. I well remember this first

sight of him. He was striding along, holding little Tad, then about six

years old, by the hand, who could with the greatest difficulty keep up

with his father."

* Lincoln had always on the top of our desk a bundle of

papers into which he slipped anything he wished to keep and

afterwards refer to. It was a receptacle of general

information. Some years ago, on removing the furniture from

the office, I took down the bundle and blew from the top the

liberal coat of dust that had accumulated thereon.

Immediately uuderneath the string was a slip bearing this

endorsement, in his hand: "When you can't find it anywhere

else, look in this."

** John H. Littlefield, Brooklyn Eagle, October 16, 1887.

"In the morning I applied at the office of Lincoln and Herndon for

admission as a student. The office was on the second floor of a brick

building on the public square, opposite the court-house. You went up

one flight of stairs and then passed along a hallway to the rear office,

which was a medium-sized room. There was one long table in the center of

the room, and a shorter one running in the opposite direction, forming a

T, and both were covered with green baize. There were two windows which

looked into the back yard. In one corner was an old-fashioned secretary

with pigeonholes and a drawer, and here Mr. Lincoln and his partner

kept their law papers. There was also a book-case containing about 200

volumes of law as well as miscellaneous books. The morning I entered the

office Mr. Lincoln and his partner, Mr. Herndon, were both present. Mr.

Lincoln addressed his partner thus: 'Billy, this is the young man of

whom I spoke to you. Whatever arrangement you make with him will be

satisfactory to me.' Then, turning to me, he said, 'I hope you will not

become so enthusiastic in your studies of Blackstone and Kent as did two

young men whom we had here. Do you see that spot over there?' pointing

to a large ink stain on the wall. 'Well, one of these young men got so

enthusiastic in his pursuit of legal lore that he fired an inkstand at

the other one's head, and that is the mark he made.' I immediately began

to clean up about the office a little. Mr. Lincoln had been in Congress

and had the usual amount of seeds to distribute to the farmers. These

were sent out with Free Soil and Republican documents. In my efforts to

clean up, I found that some of the seeds had sprouted in the dirt that

had collected in the office. Judge Logan and Milton Hay occupied the

front offices on the same floor with Lincoln and Herndon, and one day

Mr. Hay came in and said with apparent astonishment: 'What's happened

here?' 'Oh, nothing,' replied Lincoln, pointing to me, 'only this

young man has been cleaning up a little.' One of Lincoln's striking

characteristics was his simplicity, and nowhere was this trait more

strikingly exhibited than in his willingness to receive instruction from

anybody and everybody. One day he came into the office and addressing

his partner, said: 'Billy, what's the meaning of antithesis?' Mr.

Herndon gave him the definition of the word, and I said: 'Mr. Lincoln,

if you will allow me, I will give you an example.' 'All right, John, go

ahead,' said Mr. Lincoln in his hearty manner. 'Phillips says, in his

essay on Napoleon, "A pretended patriot, he impoverished the country; a

professed Catholic, he imprisoned the Pope,'" etc. Mr. Lincoln thanked

me and seemed very much pleased. Returning from off the circuit once he

said to Mr. Herndon: 'Billy, I heard a good story while I was up in the

country. Judge D------ was complimenting the landlord on the excellence

of his beef. "I am surprised," he said, "that you have such good beef.

You must have to kill a whole critter when you want any." "Yes," said

the landlord, "we never kill less than a whole critter." "Lincoln's

favorite position when unravelling some knotty law point was to stretch

both of his legs at full length upon a chair in front of him. In this

position, with books on the table near by and in his lap, he worked up

his case. No matter how deeply interested in his work, if any one came

in he had something humorous and pleasant to say, and usually wound up

by telling a joke or an anecdote. I have heard him relate the same story

three times within as many hours to persons who came in at different

periods, and every time he laughed as heartily and enjoyed it as if it

were a new story. His humor was infectious. I had to laugh because I

thought it funny that Mr. Lincoln enjoyed a story so repeatedly told.

"There was no order in the office at all. The firm of Lincoln and

Herndon kept no books. They divided their fees without taking any

receipts or making any entries on books. One day Mr. Lincoln received

$5000 as a fee in a railroad case. He came in and said: 'Well, Billy,'

addressing his partner, Mr. Herndon, 'here is our fee; sit down and let

me divide.' He counted out $2,500 to his partner, and gave it to him

with as much nonchalance as he would have given a few cents for a paper.

Cupidity had no abiding place in his nature.

"I took a good deal of pains in getting up a speech which I wanted to

deliver during a political campaign. I told Mr. Lincoln that I would

like to read it to him. He sat down in one chair, put his feet into

another one, and said: 'John, you can fire away with that speech; I

guess I can stand it.' I unrolled the manuscript, and proceeded with

some trepidation. 'That's a good point, John,' he would say, at certain

places, and at others: 'That's good--very good indeed,' until I felt

very much elated over my effort. I delivered the speech over fifty

times during the campaign. Elmer E. Ellsworth, afterwards colonel of

the famous Zouaves, who was killed in Alexandria, early in the war,

was nominally a student in Lincoln's office. His head was so full of

military matters, however, that he thought little of law. Of Ellsworth,

Lincoln said: 'That young man has a real genius for war!'"

During the six years following his retirement from Congress, Lincoln,

realizing in a marked degree his want of literary knowledge, extended

somewhat his research in that direction. He was naturally indisposed to

undertake anything that savored of exertion, but his brief public career

had exposed the limited area of his literary attainments. Along with his

Euclid therefore he carried a well-worn copy of Shakespeare, in which he

read no little in his leisure moments. "In travelling on the circuit,"

relates one of his associates at the bar,* "he was in the habit of

rising earlier than his brothers of the bar. On such occasions he was

wont to sit by the fire, having uncovered the coals, and muse,

and ponder, and soliloquize, inspired, no doubt, by that strange

psychological influence which is so poetically described by Poe in 'The

Raven.'

* Lawrence Weldon, letter, Feb. 10,1866, MS.

On one of these occasions, at the town of Lincoln, sitting in the

position described, he quoted aloud and at length the poem called

'Immortality.' When he had finished he was questioned as to the

authorship and where it could be found. He had forgotten the author, but

said that to him it sounded as much like true poetry as anything he had

ever heard. He was particularly pleased with the last two stanzas."

Beyond a limited acquaintance with Shakespeare, Byron, and Burns, Mr.

Lincoln, comparatively speaking, had no knowledge of literature. He was

familiar with the Bible, and now and then evinced a fancy for some poem

or short sketch to which his attention was called by some one else,

or which he happened to run across in his cursory reading of books or

newspapers. He never in his life sat down and read a book through, and

yet he could readily quote any number of passages from the few volumes

whose pages he had hastily scanned. In addition to his well-known

love for the poem "Immortality" or "Why should the Spirit of Mortal be

Proud," he always had a great fondness for Oliver Wendell Holmes' "Last

Leaf," the fourth stanza of which, beginning with the verse, "The mossy

marbles rest," I have often heard him repeat. He once told me of a song

a young lady had sung in his hearing at a time when he was laboring

under some dejection of spirits. The lines struck his fancy, and

although he did not know the singer--having heard her from the sidewalk

as he passed her house--he sent her a request to write the lines out for

him. Within a day or two he came into the office, carrying in his hand

a delicately perfumed envelope which bore the address, "Mr.

Lincoln--Present," in an unmistakable female hand. In it, written on

gilt-edged paper, were the lines of the song. The plaintive strain of

the piece and its melancholy sentiment struck a responsive chord in

a heart already filled with gloom and sorrow. Though ill-adapted to

dissipate one's depression, something about it charmed Lincoln, and

he read and re-read it with increasing relish. I had forgotten the

circumstance until recently, when, in going over some old papers and

letters turned over to me by Mr. Lincoln, I ran across the manuscript,

and the incident was brought vividly to my mind. The envelope, still

retaining a faint reminder of the perfumed scent given it thirty years

before, bore the laconic endorsement, "Poem--I like this," in the

handwriting of Mr. Lincoln. Unfortunately no name accompanied the

manuscript, and unless the lady on seeing this chooses to make herself

known, we shall probably not learn who the singer was. The composition

is headed, "The Enquiry." I leave it to my musical friends to render it

into song. Following are the lines:

"Tell me, ye winged winds

That round my pathway roar,

Do ye not know some spot

Where mortals weep no more?

Some lone and pleasant vale

Some valley in the West,

Where, free from toil and pain,

The weary soul may rest?

The loud wind dwindled to a whisper low,

And sighed for pity as it answered, No.

"Tell me, thou mighty deep,

Whose billows round me play,

Knows't thou some favored spot,

Some island far away,

Where weary man may find

The bliss for which he sighs;

Where sorrow never lives

And friendship never dies?

The loud waves rolling in perpetual flow

Stopped for awhile and sighed to answer, No.

"And thou, serenest moon,

That with such holy face

Dost look upon the Earth

Asleep in Night's embrace?

Tell me, in all thy round

Hast thou not seen some spot

Where miserable man

Might find a happier lot?

Behind a cloud the moon withdrew in woe,

And a voice sweet but sad responded, No.

"Tell me, my secret soul,

Oh, tell me, Hope and Faith,

Is there no resting-place

From sorrow, sin, and death?

Is there no happy spot

Where mortals may be blessed,

Where grief may find a balm

And weariness a rest?

Faith, Hope, and Love, best boon to mortals given,

Waved their bright wings and whispered,

Yes, in Heaven."*

* Persons familiar with literature will recognize this as a

poem written by Charles Mackay, an English writer who

represented a London newspaper in the United States during

the Rebellion as its war correspondent. It was set to music

as a chant, and as such was frequently rendered in public by

the famous Hutchinson family of singers. I doubt if Mr.

Lincoln ever knew who wrote it.

Judge S. H. Treat, recently deceased, thus describes Lincoln's first

appearance in the Supreme Court of Illinois. "A case being called for

hearing, Mr. Lincoln stated that he appeared for the appellant and was

ready to proceed with the argument. He then said: 'This is the first

case I have ever had in this court, and I have therefore examined it

with great care. As the Court will perceive by looking at the abstract

of the record, the only question in the case is one of authority. I have

not been able to find any authority to sustain my side of the case, but

I have found several cases directly in point on the other side. I will

now give these authorities to the court, and then submit the case." A

lawyer in Beardstown relates this: * "Lincoln came into my office one

day with the remark: 'I see you've been suing some of my clients,

and I've come down to see about it.' He had reference to a suit I had

brought to enforce the specific performance of a contract. I explained

the case to him, and showed my proofs. He seemed surprised that I should

deal so frankly with him, and said he would be as frank with me; that my

client was justly entitled to a decree, and he should so represent it

to the court; and that it was against his principles to contest a clear

matter of right. So my client got a deed for a farm which, had another

lawyer been in Mr. Lincoln's place, would have been consumed by the

costs of litigation for years, with the result probably the same in the

end."

* J. Henry Shaw, letter, June 13, 1866, MS.

A young man once wrote to Lincoln, enquiring for the best mode of

obtaining a thorough knowledge of the law, "The mode is very simple,"

he responded, "though laborious and tedious. It is only to 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."*

* Letter to J. M. Brockman, Sept. 25, 1859, MS.

Lincoln never believed in suing for a fee. If a client would not pay on

request he never sought to enforce collection. I remember once a man who

had been indicted for forgery or fraud employed us to defend him. The

illness of the prosecuting attorney caused some delay in the case, and

our client, becoming dissatisfied at our conduct of the case, hired some

one else, who superseded us most effectually. The defendant declining to

pay us the fee demanded, on the ground that we had not represented

him at the trial of the cause, I brought suit against him in Lincoln's

absence and obtained judgment for our fee. After Lincoln's return

from the circuit the fellow hunted him up and by means of a carefully

constructed tale prevailed on him to release the judgment without

receiving a cent of pay. The man's unkind treatment of us deserved no

such mark of generosity from Lincoln, and yet he could not resist the

appeal of any one in poverty and want. He could never turn from a woman

in tears. It was no surprise to me or any of his intimate friends

that so many designing women with the conventional widows' weeds and

easy-flowing tears overcame him in Washington. It was difficult for him

to detect an impostor, and hence it is not to be marvelled at that he

cautioned his secretaries: "Keep them away--I cannot stand it."

On many questions I used to grow somewhat enthusiastic, adopting

sometimes a lofty metaphor by way of embellishment. Lincoln once warned

me: "Billy, don't shoot too high--aim lower and the common people will

understand you. They are the ones you want to reach--at least they

are the ones you ought to reach. The educated and refined people will

understand you any way. If you aim too high your ideas will go over the

heads of the masses, and only hit those who need no hitting." While it

is true that from his peculiar construction Lincoln dwelt entirely in

the head and in the land of thought, and while he was physically a lazy

man, yet he was intellectually energetic; he was not only energetic, but

industrious; not only industrious, but tireless; not only tireless,

but indefatigable. Therefore if in debate with him a man stood on a

questionable foundation he might well watch whereon he stood. Lincoln

could look a long distance ahead and calculate the triumph of right.

With him justice and truth were paramount. If to him a thing seemed

untrue he could not in his nature simulate truth. His retention by a man

to defend a lawsuit did not prevent him from throwing it up in its most

critical stage if he believed he was espousing an unjust cause. This

extreme conscientiousness and disregard of the alleged sacredness of the

professional cloak robbed him of much so-called success at the bar. He

once wrote to one of our clients: "I do not think there is the least use

of doing anything more with your lawsuit. I not only do not think you

are sure to gain it, but I do think you are sure to lose it. Therefore

the sooner it ends the better."*

* Letter to H. Keeling, Esq., March 3, 1858, MS.

Messrs. Stuart and Edwards once brought a suit against a client of ours

which involved the title to considerable property. At that time we had

only two or three terms of court, and the docket was somewhat crowded.

The plaintiff's attorneys were pressing us for a trial, and we were

equally as anxious to ward it off. What we wanted were time and a

continuance to the next term. We dared not make an affidavit for

continuance, founded on facts, because no such pertinent and material

facts as the law contemplated existed. Our case for the time seemed

hopeless. One morning, however, I accidentally overheard a remark from

Stuart indicating his fear lest a certain fact should happen to

come into our possession. I felt some relief, and at once drew up a

fictitious plea, averring as best I could the substance of the doubts I

knew existed in Stuart's mind. The plea was as skilfully drawn as I knew

how, and was framed as if we had the evidence to sustain it. The whole

thing was a sham, but so constructed as to work the desired continuance,

because I knew that Stuart and Edwards believed the facts were as I

pleaded them. This was done in the absence and without the knowledge

of Lincoln. The plea could not be demurred to, and the opposing counsel

dared not take the issue on it. It perplexed them sorely. At length,

before further steps were taken, Lincoln came into court. He looked

carefully over all the papers in the case, as was his custom, and seeing

my ingenious subterfuge, asked, "Is this seventh plea a good one?"

Proud of the exhibition of my skill, I answered that it was. "But,"

he inquired, incredulously, "is it founded on fact?" I was obliged to

respond in the negative, at the same time following up my answer with

an explanation of what I had overheard Stuart intimate, and of how these

alleged facts could be called facts if a certain construction were put

upon them. I insisted that our position was justifiable, and that our

client must have time or be ruined. I could see at once it failed to

strike Lincoln as just right. He scratched his head thoughtfully and

asked, "Hadn't we better withdraw that plea? You know it's a sham, and

a sham is very often but another name for a lie. Don't let it go on

record. The cursed thing may come staring us in the face long after this

suit has been forgotten." The plea was withdrawn. By some agency--not

our own--the case was continued and our client's interests were saved.

I only relate this incident to illustrate Lincoln's far-seeing capacity;

it serves to show how over-cautious he seemed to be with regard to how

his record might look in the future. I venture the assertion that he was

the only member of the bar in Springfield who would have taken such a

conscientious view of the matter.

One phase of Lincoln's character, almost lost sight of in the

commonly accepted belief in his humility and kindly feeling under all

circumstances, was his righteous indignation when aroused. In such cases

he was the most fearless man I ever knew. I remember a murder case in

which we appeared for the defence, and during the trial of which the

judge--a man of ability far inferior to Lincoln's--kept ruling against

us. Finally, a very material question, in fact one around which the

entire case seemed to revolve, came up, and again the Court ruled

adversely. The prosecution was jubilant, and Lincoln, seeing defeat

certain unless he recovered his ground, grew very despondent. The notion

crept into his head that the Court's rulings, which were absurd and

almost spiteful, were aimed at him, and this angered him beyond reason.

He told me of his feelings at dinner, and said: "I have determined to

crowd the Court to the wall and regain my position before night." From

that time forward it was interesting to watch him. At the reassembling

of court he arose to read a few authorities in support of his position.

In his comments he kept within the bounds of propriety just far enough

to avoid a reprimand for contempt of court.

He characterized the continued rulings against him as not only unjust

but foolish; and, figuratively speaking, he pealed the Court from

head to foot. I shall never forget the scene. Lincoln had the crowd, a

portion of the bar, and the jury with him. He knew that fact, and it,

together with the belief that injustice had been done him, nerved him

to a feeling of desperation. He was wrought up to the point of madness.

When a man of large heart and head is wrought up and mad, as the old

adage runs, "he's mad all over." Lincoln had studied up the points

involved, but knowing full well the calibre of the judge, relied mostly

on the moral effect of his personal bearing and influence. He was

alternately furious and eloquent, pursuing the Court with broad facts

and pointed inquiries in marked and rapid succession. I remember he made

use of this homely incident in illustration of some point: "In early

days a party of men went out hunting for a wild boar. But the game came

upon them unawares, and scampering away they all climbed the trees save

one, who, seizing the animal by the ears, undertook to hold him, but

despairing of success cried out to his companions in the trees, 'For

God's sake, boys, come down and help me let go.'" The prosecution

endeavored to break him down or even "head him off," but all to no

purpose. His masterly arraignment of law and facts had so effectually

badgered the judge that, strange as it may seem, he pretended to see

the error in his former position, and finally reversed his decision in

Lincoln's favor. The latter saw his triumph, and surveyed a situation of

which he was the master. His client was acquitted, and he had swept the

field.

In the case of Parker _vs._ Hoyt, tried in the United States Court in

Chicago, Lincoln was one of the counsel for the defendant. The suit

was on the merits of an infringement of a patent water wheel. The trial

lasted several days and Lincoln manifested great interest in the case.

In his earlier days he had run, or aided in running, a saw-mill, and

explained in his argument the action of the water on the wheel in

a manner so clear and intelligible that the jury were enabled to

comprehend the points and line of defence without the least difficulty.

It was evident he had carried the jury with him in a most masterly

argument, the force of which could not be broken by the reply of the

opposing counsel. After the jury retired he became very anxious and

uneasy. The jury were in another building, the windows of which opened

on the street, and had been out for some two hours. "In passing along

the street, one of the jurors on whom we very much relied," relates

Lincoln's associate in the case,* "he being a very intelligent man and

firm in his convictions, held up to him one finger. Mr. Lincoln became

very much excited, fearing it indicated that eleven of the jury were

against him. He knew if this man was for him he would never yield his

opinion. He added, if he was like a juryman he had in Tazewell county,

the defendant was safe. He was there employed, he said, to prosecute

a suit for divorce. His client was a pretty, refined, and interesting

little woman, and in court. The defendant, her husband, was a gross,

morose, querulous, fault-finding, and uncomfortable man, and entirely

unfitted for the husband of such a woman; but although he was able

to prove the use of very offensive and vulgar epithets applied by the

husband to his wife, and all sorts of annoyances, yet there were no such

acts of personal violence as were required by the statute to justify a

divorce. Lincoln did the best he could, and appealed to the jury to have

compassion on the woman, and not to bind her to such a man and such a

life as awaited her if required to live longer with him. The jury took

about the same view of it in their deliberations. They desired to find

for his fair client, but could discover no evidence which would really

justify a verdict for her. At last they drew up a verdict for the

defendant, and all signed but one fellow, who on being approached with

the verdict said, coolly: 'Gentlemen, I am going to lie down to sleep,

and when you get ready to give a verdict for that little woman, then

wake me and not until then; for before I will give a verdict against

her I will lie here till I rot and the pismires carry me out through the

key-hole.' 'Now,' observed Lincoln, 'if that juryman will stick like

the man in Tazewell county we are safe.' Strange to relate, the jury did

come in, and with a verdict for the defendant. Lincoln always regarded

this as one of the gratifying triumphs of his professional life."

* Grant Goodrich, letter, Nov. 9, 1866, MS.

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