When Lincoln’s sympathies were enlisted in any cause, he worked like a
giant to win. At one time (about 1855) he was in attendance upon court
at the little town of Clinton, Ill., and one of the cases on the docket
was where fifteen women from a neighboring village were defendants, they
having been indicted for trespass. Their offense, as duly set forth in
the indictment, was that of swooping down upon one Tanner, the keeper
of a saloon in the village, and knocking in the heads of his barrels.
Lincoln was not employed in the case, but sat watching the trial as it
proceeded.
In defending the ladies, their attorney seemed to evince a little want
of tact, and this prompted one of the former to invite Mr. Lincoln to
add a few words to the jury, if he thought he could aid their cause. He
was too gallant to refuse, and their attorney having consented, he made
use of the following argument:
“In this case I would change the order of indictment and have it read
The State vs. Mr. Whiskey, instead of The State vs. The Ladies; and
touching these there are three laws: the law of self-protection; the law
of the land, or statute law; and the moral law, or law of God.
“First the law of self-protection is a law of necessity, as evinced by
our forefathers in casting the tea overboard and asserting their right
to the pursuit of life, liberty and happiness: In this case it is the
only defense the Ladies have, for Tanner neither feared God nor regarded
man.
“Second, the law of the land, or statute law, and Tanner is recreant to
both.
“Third, the moral law, or law of God, and this is probably a law for the
violation of which the jury can fix no punishment.”
Lincoln gave some of his own observations on the ruinous effects of
whiskey in society, and demanded its early suppression.
After he had concluded, the Court, without awaiting the return of the
jury, dismissed the ladies, saying:
“Ladies, go home. I will require no bond of you, and if any fine is ever
wanted of you, we will let you know.”