Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography; United States -- History -- Civil War, 1861-1865
This is nothing less than the portrait of a great lawyer, drawn by
competent hands, with the lifelong habit of conscientious accuracy. If
we chose to continue we could fill this volume with the tributes of
his professional associates, ranging all the way from the commonplaces
of condolence to the most extravagant eulogy. But enough has been
quoted to justify the tradition which Lincoln left behind him at the
bar of Illinois. His weak as well as his strong qualities have been
indicated. He never learned the technicalities, what some would call
the tricks, of the profession. The sleight of plea and demurrer, the
legerdemain by which justice is balked and a weak case is made to gain
an unfair advantage, was too subtle and shifty for his strong and
straightforward intelligence. He met these manoeuvres sufficiently
well, when practiced by others, but he never could get in the way of
handling them for himself. On the wrong side he was always weak. He
knew this himself, and avoided such cases when he could consistently
with the rules of his profession. He would often persuade a fair-
minded litigant of the injustice of his case and induce him to give it
up. His partner, Mr. Herndon, relates a speech in point which Lincoln
once made to a man who offered him an objectionable case: "Yes, there
is no reasonable doubt but that I can gain your case for you. I can
set a whole neighborhood at loggerheads; I can distress a widowed
mother and her six fatherless children, and thereby get for you six
hundred dollars, which rightfully belongs, it appears to me, as much
to them as it does to you. I shall not take your case, but I will give
a little advice for nothing. You seem a sprightly, energetic man. I
would advise you to try your hand at making six hundred dollars in
some other way." Sometimes, after he had entered upon a criminal case,
the conviction that his client was guilty would affect him with a sort
of panic. On one occasion he turned suddenly to his associate and
said: "Swett, the man is guilty; you defend him, I can't," and so gave
up his share of a large fee. The same thing happened at another time
when he was engaged with Judge S. C. Parks in defending a man accused
of larceny. He said: "If you can say anything for the man, do it, I
can't; if I attempt it, the jury will see I think he is guilty, and
convict him." Once he was prosecuting a civil suit, in the course of
which evidence was introduced showing that his client was attempting a
fraud. Lincoln rose and went to his hotel in deep disgust. The judge
sent for him; he refused to come. "Tell the judge," he said, "my hands
are dirty; I came over to wash them." We are aware that these stories
detract something from the character of the lawyer; but this
inflexible, inconvenient, and fastidious morality was to be of vast
service afterwards to his country and the world.
Public-domain text, read in full here on John Shaqi.
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