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
"Just reasoning--policy--is in favor of general legislation--else
the legislature will be loaded down with the investigation of smaller
cases--a work which the courts ought to perform, and can perform much
more perfectly. How can the Legislature rightly decide the facts between
P. & B. and S. C. & Co.
"It is said that under a general law, whenever a R. R. Co. gets tired
of its debts, it may transfer fraudulently to get rid of them. So they
may--so may individuals; and which--the Legislature or the courts--is
best suited to try the question of fraud in either case?
"It is said, if a purchaser have acquired legal rights, let him not be
robbed of them, but if he needs legislation let him submit to just terms
to obtain it.
"Let him, say we, have general law in advance (guarded in every possible
way against fraud), so that, when he acquires a legal right, he will
have no occasion to wait for additional legislation; and if he has
practiced fraud let the courts so decide."
David Davis said this of Lincoln: "When in a lawsuit he believed
his client was oppressed,--as in the Wright case,--he was hurtful
in denunciation. When he attacked meanness, fraud, or vice, he was
powerful, merciless in his castigation." The Wright case referred to was
a suit brought by Lincoln and myself to compel a pension agent to
refund a portion of a fee which he had withheld from the widow of a
revolutionary soldier. The entire pension was $400, of which sum the
agent had retained one-half. The pensioner, an old woman crippled and
bent with age, came hobbling into the office and told her story. It
stirred Lincoln up, and he walked over to the agent's office and made
a demand for a return of the money, but without success. Then suit
was brought. The day before the trial I hunted up for Lincoln, at his
request, a history of the Revolutionary War, of which he read a good
portion. He told me to remain during the trial until I had heard his
address to the jury. "For," said he, "I am going to skin Wright, and get
that money back." The only witness we introduced was the old lady, who
through her tears told her story. In his speech to the jury, Lincoln
recounted the causes leading to the outbreak of the Revolutionary
struggle, and then drew a vivid picture of the hardships of Valley
Forge, describing with minuteness the men, barefooted and with bleeding
feet, creeping over the ice. As he reached that point in his speech
wherein he narrated the hardened action of the defendant in fleecing
the old woman of her pension his eyes flashed, and throwing aside his
handkerchief, which he held in his right hand, he fairly launched
into him. His speech for the next five or ten minutes justified the
declaration of Davis, that he was "hurtful in denunciation and merciless
in castigation." There was no rule of court to restrain him in his
argument, and I never, either on the stump or on other occasions in
court, saw him so wrought up. Before he closed, he drew an ideal picture
Public-domain text, read in full here on John Shaqi.
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