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."
Public-domain text, read in full here on John Shaqi.
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