Abraham Lincoln: The True Story of a Great Life, Volume 2 (of 2) — John Shaqi
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
essentials were lacking, he was the weakest man at the bar. He was
greatest in my opinion as a lawyer in the Supreme Court of Illinois.
There the cases were never hurried. The attorneys generally prepared
their cases in the form of briefs, and the movements of the court and
counsel were so slow that no one need be caught by surprise. I was with
Lincoln once and listened to an oral argument by him in which he
rehearsed an extended history of the law. It was a carefully prepared
and masterly discourse, but, as I thought, entirely useless. After he
was through and we were walking home I asked him why he went so far back
in the history of the law. I presumed the court knew enough history.
"That's where you're mistaken," was his instant rejoinder. "I dared not
trust the case on the presumption that the court knows everything--in
fact I argued it on the presumption that the court didn't know
anything," a statement which, when one reviews the decision of our
appellate courts, is not so extravagant as one would at first suppose.
I used to grow restless at Lincoln's slow movements and speeches in
court. "Speak with more vim," I would frequently say, "and arouse the
jury--talk faster and keep them awake." In answer to such a suggestion
he one day made use of this illustration: "Give me your little
pen-knife, with its short blade, and hand me that old jack-knife, lying
on the table." Opening the blade of the pen-knife he said: "You see,
this blade at the point travels rapidly, but only through a small
portion of space till it stops; while the long blade of the jack-knife
moves no faster but through a much greater space than the small one.
Just so with the long, labored movements of my mind. I may not emit
ideas as rapidly as others, because I am compelled by nature to speak
slowly, but when I do throw off a thought it seems to me, though it
comes with some effort, it has force enough to cut its own way and
travel a greater distance." This was said to me when we were alone in
our office simply for illustration. It was not said boastingly.
As a specimen of Lincoln's method of reasoning I insert here the brief
or notes of an argument used by him in a lawsuit as late as 1858. I copy
from the original:
"Legislation and adjudication must follow and conform to the progress of
society.
"The progress of society now begins to produce cases of the transfer
for debts of the entire property of railroad corporations; and to enable
transferees to use and enjoy the transferred property legislation and
adjudication begin to be necessary.
"Shall this class of legislation just now beginning with us be general
or special?
"Section Ten of our Constitution requires that it should be general, if
possible, (Read the Section.)
"Special legislation always trenches upon the judicial department; and
in so far violates Section Two of the Constitution. (Read it.)
Public-domain text, read in full here on John Shaqi.
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