Abraham Lincoln, Volume IMorse, John T., Jr. (John Torrey)
History
Abraham Lincoln, Volume I
Morse, John T., Jr. (John Torrey)
Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography
When Lincoln was admitted to the bar the practice of the law was in a
very crude condition in Illinois. General principles gathered from a few
text-books formed the simple basis upon which lawyers tried cases and
framed arguments in improvised court-rooms. But the advance was rapid
and carried Lincoln forward with it. The raw material, if the phrase may
be pardoned, was excellent; there were many men in the State who united
a natural aptitude for the profession with high ability, ambition, and a
progressive spirit. Lincoln was brought in contact with them all,
whether they rode his circuit or not, because the federal courts were
held only in Springfield. Among them were Stephen A. Douglas, Lyman
Trumbull, afterward for a long while chairman of the Judiciary Committee
of the national Senate, David Davis, afterward a senator, and an
associate justice of the Supreme Court of the United States; O.H.
Browning, Ninian W. Edwards, Edward D. Baker, Justin Butterfield, Judge
Logan, and more. Precisely what position Lincoln occupied among these
men it is difficult to say with accuracy, because it is impossible to
know just how much of the praise which has been bestowed upon him is the
language of eulogy or of the brotherly courtesy of the bar, and how much
is a discriminating valuation of his qualities. That in the foregoing
list there were better and greater lawyers than he is unquestionable;
that he was primarily a politician and only secondarily a lawyer is
equally beyond denial. He has been described also as "a case lawyer,"
that is to say, a lawyer who studies each case as it comes to him simply
by and for itself, a method which makes the practitioner rather than the
jurist. That Lincoln was ever learned in the science is hardly
pretended. In fact it was not possible that the divided allegiance which
he gave to his profession for a score of years could have achieved such
a result.[50] But it is said, and the well-known manner of his mental
operations makes it easy to believe, that his arguments had a marvelous
simplicity and clearness, alike in thought and in expression. To these
traits they owed their great force; and a legal argument can have no
higher traits; fine-drawn subtlety is undeniably an inferior quality.
Noteworthy above all else was his extraordinary capacity for statement;
all agree that his statement of his case and his presentation of the
facts and the evidence were so plain and fair as to be far more
convincing than the argument which was built upon them. Again it may be
said that the power to state in this manner is as high in the order of
intellectual achievement as anything within forensic possibilities.
Public-domain text, read in full here on John Shaqi.
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