education, and he determined at an early day that I should be well
educated. And what do you think his ideas of a good education were? We
had a dog-eared arithmetic in our house, and father determined that
somehow, or somehow else, I should cipher clear through that book.'
"With this standard of an education, he started to a school in a
log-house in the neighborhood, and began his educational career. He
had attended this school but about six weeks, however, when a calamity
befell his father. He had endorsed a man's note in the neighborhood for
a considerable amount, and the prospect was he would have it to pay,
and that would sweep away all their little possessions. His father,
therefore, explained to him that he wanted to hire him out and
receive the fruits of his labor and his aid in averting this calamity.
Accordingly, at the expiration of six weeks, he left school and never
returned to it again."
[Illustration: Copyright, 1900 by McClure, Phillips & Co.
ABRAHAM LINCOLN EARLY IN 1861, WHEN HE FIRST BEGAN TO WEAR A BEARD
From a photograph in the collection of H. W. Fay, Esq., De Kalb,
Illinois. By special permission]
He first attended school when he was about seven years old and still
living in Kentucky. It was held in a little log-hut near their cabin,
and was taught by Zachariah Riney, an Irish Catholic of whom he retained
a pleasant memory, for it was there that he learned to read. The next
year Caleb Hazel opened a school about four miles distant, which Lincoln
attended for three months with his sister Sarah, and both of them
learned to write. He had no more teaching while he lived in Kentucky,
except from his mother. There is no record of his schooling in Indiana,
but the neighbors testify that in his tenth year he attended school for
a few months in a small cabin of round logs about a mile and a half from
the rude home of his father; there he went again for a few months when
he was fourteen years old, and again in 1826, when he was seventeen, to
a man named Swaney, who taught at a distance of four miles and a half
from the Lincoln cabin. He had little encouragement from his father,
for the latter considered the daily walk of nine miles and the six
hours spent in the school-room a waste of time for a boy six feet tall.
His step-mother, however, endeavored to encourage and protect him in
his efforts to learn, and they studied together. He read her the books
he borrowed, and they used to discuss the unintelligible passages. He
was not remarkably quick at learning. On the contrary, his perceptions
were rather dull; but that is often an advantage to a studious mind, as
everything increases in value with the effort required to attain it.
His memory was good, his power of reasoning was early developed, and a
habit of reflection was acquired at an early age. He once remarked to
a friend that his mind did not take impressions easily, but they were
never effaced. "I am slow to learn, and slow to forget that which I
have learned," he said. "My mind is like a piece of steel--very hard to
scratch anything on it, and almost impossible after you get it there
to rub it out." The fact that he never abandoned an idea until it was
thoroughly understood was the foundation of a healthy mental growth.
At this time, when he was seventeen years old, he had a general
knowledge of the rudiments of learning. He was a good arithmetician, he
had some knowledge of geography and history, he could "spell down" the
whole county at spelling-school, and wrote a clear and neat hand. His
general reading embraced poetry and a few novels. He even attempted to
make rhymes, although he was not very successful. He wrote several prose
compositions, and it is related that "one of the most popular amusements
in the neighborhood was to hear Abe Lincoln make a comic speech."
Lincoln received no more teaching, but continued his reading and study
until his family removed to Illinois. When he went to New Salem, after
he had made his second voyage to New Orleans, and was waiting for Denton
Offutt to open his store, a local election was held. One of the clerks
of election being unable to attend, Menton Graham, the other clerk, who
was also the village school-master, asked Lincoln if he could write.
"I can make a few rabbit tracks," was the reply, and upon that admission
he was sworn into his first office.
Thus began one of the most useful friendships he ever enjoyed, for
Graham was an intelligent and sympathetic friend who inspired the future
President with ambition, nourished his appetite for knowledge, loaned
him books, assisted him in his studies, heard him recite, corrected his
compositions, and was his constant companion while he was clerking in
Offutt's store. One day Graham told him that he ought to study grammar,
and the next morning Lincoln walked six miles to a neighboring town
to obtain a copy of Kirkham's "Grammar." This volume was found in his
library after his death. It was Graham, too, who in six weeks taught
him the science of surveying after Lincoln was appointed deputy to John
Calhoun. From none of his many friends did he receive more valuable
counsel and assistance.
After he was admitted to the bar and became a member of the Legislature,
he continued a regular course of study, including mathematics, logic,
rhetoric, astronomy, literature, and other branches, devoting a certain
number of hours to it every day. He followed this rule even after his
marriage, and several years after his return from Congress he joined a
German class which met in his office two evenings a week.
His early friends have always contended that his devotion to study
hastened the failure of the mercantile enterprise which caused him so
much anxiety and left the burden of debt upon his shoulders which he
carried so many years; for when he should have been attending to the
store and watching the dissolute habits of his partner, he was absorbed
in his books.
His ambition to be a lawyer was stimulated by a curious incident that
occurred soon after he went into partnership with Berry. He related it
himself in these words:
"One day a man who was migrating to the West drove up in front of my
store with a wagon which contained his family and household plunder.
He asked me if I would buy an old barrel for which he had no room in
his wagon, and which he said contained nothing of special value. I did
not want it, but to oblige him I bought it, and paid him, I think,
half a dollar for it. Without further examination I put it away in the
store and forgot all about it. Some time after, in overhauling things,
I came upon the barrel, and emptying it upon the floor to see what it
contained, I found at the bottom of the rubbish a complete edition of
Blackstone's 'Commentaries.' I began to read those famous works, and I
had plenty of time; for during the long summer days, when the farmers
were busy with their crops, my customers were few and far between. The
more I read"--this he said with unusual emphasis--"the more intensely
interested I became. Never in my whole life was my mind so thoroughly
absorbed. I read until I devoured them."
It was while he was still a deputy surveyor that Lincoln was elected to
the Legislature, and 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. 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. The subject seemed to be never
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: "Get books and read and study
them carefully. Begin with Blackstone's 'Commentaries,' say twice, take
Chitty's 'Pleadings,' Greenleaf's 'Evidence,' and Story's 'Equity,' in
succession. Work, work, work is the main thing."
Immediately after his election he went to Springfield and was admitted
to the bar on September 9, 1836. His name first appears upon the list
of the attorneys and counsellors-at-law published at the opening of the
next term, March 1, 1837. As there was no lawyer in the neighborhood
of New Salem, and none nearer than Springfield, Lincoln had obtained a
little practice in petty cases before the village magistrate, and it is
stated that, poor as he was, he never accepted a fee for such services
because he felt that he was fully paid by the experience.
For a long time he was in doubt as to the expediency of abandoning his
work as surveyor, which brought him from twelve to fifteen dollars a
month, for the uncertain income of a lawyer, for he was still burdened
by debt, and was constantly called upon for money by his step-mother
and step-brother; but John T. Stuart, with whom he had been associated
in politics and in the Black Hawk War, and who had proved to be a true
friend, offered him a partnership, and Stuart was one of the leading
lawyers of the State. Therefore, Lincoln decided to take the chances,
and, on April 15, 1837, rode into Springfield, says his friend Joshua
Speed, "on a borrowed horse, with no earthly property save a pair of
saddle-bags containing a few clothes."
His first case was that of Hawthorne vs. Woolridge, his first fee was
three dollars, and he made his first appearance in court in October,
1836. We do not know the details. He created a sensation the following
summer, and for the first time revealed some of the characteristics
which afterwards made him famous by his merciless pursuit of a rascal
named Adams who had swindled the widow of one Joseph Anderson out of
some land. His treatment of this case advertised him far and wide in
the country around Springfield as a shrewd practitioner and a man of
tireless energy, and it doubtless brought him considerable business.
The account-book of Stuart & Lincoln is still preserved, and shows that
their fees were very small,--not exceeding sixteen hundred dollars for
the year and seldom more than ten dollars in a case; while many of them
were traded out at the town groceries, and, in the case of farmers, were
paid in vegetables, poultry, butter, and other produce. But that was the
custom of the time, and at that date a fee of one hundred dollars was as
rare as one of ten thousand dollars now.
In those days, because of the scattering population and the absence of
transportation facilities, it was customary for courts to travel in
circuits, each circuit being presided over by a judge who went from
one county-seat to another twice a year to hear whatever cases had
accumulated upon the docket. Springfield was situated in the Eighth
Judicial Circuit, which at that time was one hundred and fifty miles
square, including fifteen counties comprising the central part of
Illinois. As there were no railroads, the judge travelled on horseback
or in a carriage, followed by a number of lawyers. The best-known
lawyers had central offices at Springfield and branch offices at the
different county-seats, where they were represented permanently by
junior partners, who prepared their cases and attended to litigation of
minor importance.
When the county-seat was reached the judge was given the best room at
the hotel and presided at the dining-room table, surrounded by lawyers,
jurors, witnesses, litigants, prisoners out on bail, and even the men
who drove their teams. The hotels were primitive and limited, and,
as the sitting of a court usually attracted all the idle men in the
vicinity, the landlords were taxed to accommodate their guests, and
packed them in as closely as possible; usually two in a bed and often
as many as could find room on the floor. The townspeople made the
semi-annual meeting of the court an occasion for social festivities,
the judge being the guest of honor at dinners, receptions, quiltings,
huskings, weddings, and other entertainments, while the lawyers ranked
according to their social standing and accomplishments.
In some of the towns there was no court-house, and trials were held in a
church or a school-house, and sometimes, when the weather was favorable,
in the open air.
When there was no entertainment of an evening, the members of the bar
and their clients who were not preparing for a trial on the morrow
amused themselves by playing cards, telling stories, and discussing
public affairs, so that all who "followed the circuit" became
thoroughly acquainted and each was estimated according to his true
value. Trials of general interest were attended by the entire cavalcade,
but dull arguments and routine business attracted the attention of those
only who were personally concerned. In the mean time the rest of the
party would sit around the tavern or court-house yard, entertaining
themselves and one another in the most agreeable manner, and naturally
Mr. Lincoln's talents as a story-teller made him popular and his
personal character made him beloved by every one with whom he came in
contact. The meeting of the Supreme Court once a year at Springfield
was the great event, next to the assembling of the Legislature, and
served as a reunion of the ablest men in the State. These usually had
causes to try or motions to submit, or if they had none would make some
excuse for attending the gathering. The Supreme Court Library was their
rendezvous, and Lincoln was the centre of attraction, even when he was a
young man; when he became older his presence was regarded as necessary
to a successful evening. His stories were as much a part of these annual
gatherings as the decisions of the court, and after this custom became
obsolete the older lawyers retained with an affectionate interest the
memories of their association with him.
David Davis, afterwards Justice of the United States Supreme Court and
a member of the United States Senate from Illinois, presided over the
Eighth Circuit for many years while Lincoln was in practice, and was
one of his most ardent admirers and devoted friends. It is said that
he would not sit down at the table for dinner or supper until Lincoln
was present. One day, during the trial of a cause, when Lincoln was the
centre of a group in a distant corner of the court-room, exchanging
whispered stories, Judge Davis rapped on the bench and, calling him by
name, exclaimed,--
"Mr. Lincoln, this must stop! There is no use in trying to carry on two
courts; one of them will have to adjourn, and I think yours will have to
be the one;" and as soon as the group scattered, Judge Davis called one
of the group to the bench and asked him to repeat the stories Lincoln
had been telling.
Books of reminiscences written by the men who lived in Illinois in those
days are filled with anecdotes of him, and, even now, it is common in
arguments before the courts in that part of the State to quote what
Lincoln said or did under similar circumstances, and his opinions have
the force of judicial decisions.
In his autobiography, Joseph Jefferson tells an interesting story of the
experience of his father's theatrical company when it was travelling
through Illinois in 1839. He was then a child of ten years. After
playing at Chicago, Quincy, Peoria, and Pekin, the company went to
Springfield, where the presence of the Legislature tempted the elder
Jefferson and his company to remain throughout the season. There was no
theatre, so they built one; it was scarcely completed before a religious
revival turned the influence of the church people against their
performances so effectually that a law was passed by the municipality
imposing a license which was practically prohibitory. In the midst of
their troubles, says Jefferson, a young lawyer called on the managers
and offered, if they would place the matter in his hands, to have the
license revoked, declaring that he only desired to see fair play, and
would accept no fee whether he failed or succeeded. The young lawyer
handled the case with tact, skill, and humor, in his argument tracing
the history of the drama from the time when Thespis acted in a cart to
the stage of to-day. He illustrated his speech with pointed anecdotes
which kept the City Council in a roar of laughter. "This good-humor
prevailed," relates the famous actor, "and the exhibition tax was taken
off." The young lawyer was Lincoln.
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,--
"We are not ready for trial."
"Why is not the company ready to go to trial?" remarked Judge Davis.
"We are embarrassed by the absence of Captain McClellan," was Lincoln's
reply.
"Who is Captain McClellan and why is he not here?" asked Judge Davis.
"All I know," said Mr. Lincoln, "is that he is the engineer of the
railroad, and why he is not here deponent saith not."
It has been frequently said that General McClellan refused to pay
Lincoln a fee charged for trying a case for the Illinois Central
Railroad, but it is not true. At the time referred to (1855) Captain
McClellan was in the regular army and a military attaché in Europe
during the Crimean War. It was, however, the only time that Lincoln sued
for a fee, and the circumstances were as follows. By its charter the
Illinois Central Railroad was exempt from taxation on condition that it
pay into the State treasury seven per cent. of its gross earnings. The
officials of McLean County contended that the Legislature of the State
had no authority to exempt or remit county taxes, and brought a suit
against the road to compel payment. Lincoln defended the company, won
the case, and presented a bill for two thousand dollars. An official
of the railroad, whose name has been forgotten, declined payment on
the ground that it was as much as a first-class lawyer would charge.
Lincoln was so indignant that he withdrew the original bill of charges,
consulted professional friends, and later submitted another for five
thousand dollars with a memorandum attached, signed by six of the most
prominent lawyers in the State, giving as their opinion that the fee was
not unreasonable. As the company still refused to pay, Lincoln sued and
recovered the full amount.
Lincoln's theory regarding fees for professional services is expressed
in the notes of the law lecture previously referred to, and was as
follows: