Abraham Lincoln: The True Story of a Great Life, Volume 2 (of 2)Herndon, William Henry
History
Abraham Lincoln: The True Story of a Great Life, Volume 2 (of 2)
Herndon, William Henry
Lincoln, Abraham, 1809-1865
This statement of Judge Davis in general is correct, but in some
particulars is faulty. It was intended as a eulogy on Lincoln, and as
such would not admit of as many limitations and modifications as
if spoken under other circumstances. In 1866 Judge Davis said in a
statement made to me in his home at Bloomington, which I still have,
"Mr. Lincoln had no managing faculty nor organizing power; hence a child
could conform to the simple and technical rules, the means and the modes
of getting at justice, better than he. The law has its own rules, and
a student could get at them or keep with them better than Lincoln.
Sometimes he was forced to study these if he could not get the rubbish
of a case removed. But all the way through his lack of method and
organizing ability was clearly apparent." The idea that Mr. Lincoln was
a great lawyer in the higher courts and a good _nisi prius_ lawyer, and
yet that a child or student could manage a case in court better than he,
seems strangely inconsistent, but the facts of his life as a lawyer will
reconcile this and other apparent contradictions.
I was not only associated with Mr. Lincoln in Springfield, but was
frequently on the circuit with him, but of course not so much as Judge
Davis, who held the court, and whom Lincoln followed around on the
circuit for at least six months out of the year. I easily realized that
Lincoln was strikingly deficient in the technical rules of the law.
Although he was constantly reminding young legal aspirants to study and
"work, work," yet I doubt if he ever read a single elementary law book
through in his life. In fact, I may truthfully say, I never knew him to
read through a law book of any kind. Practically, he knew nothing of the
rules of evidence, of pleading, or practice, as laid down in the
text-books, and seemed to care nothing about them. He had a keen sense of
justice, and struggled for it, throwing aside forms, methods, and rules,
until it appeared pure as a ray of light flashing through a fog-bank. He
was not a general reader in any field of knowledge, but when he had
occasion to learn or investigate any subject he was thorough and
indefatigable in his search. He not only went to the root of a question,
but dug up the root, and separated and analyzed every fibre of it. He
was in every respect a case lawyer, never cramming himself on any
question till he had a case in which the question was involved. He
thought slowly and acted slowly; he must needs have time to analyze all
the facts in a case and wind them into a connected story. I have seen
him lose cases of the plainest justice, which the most inexperienced
member of the bar would have gained without effort. Two things were
essential to his success in managing a case. One was time; the other a
feeling of confidence in the justice of the cause he represented. He
used to say, "If I can free this case from technicalities and get it
properly swung to the jury, I'll win it." But if either of these
Public-domain text, read in full here on John Shaqi.
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