The following protest, presented to the House, was read and ordered to be spread on the journals, to wit:

Resolutions upon the subject of domestic slavery having pa.s.sed both branches of the General a.s.sembly at its present session, the undersigned hereby protest against the pa.s.sage of the same.

They believe that the inst.i.tution of slavery is founded on both injustice and bad policy; but that the promulgation of abolition doctrines tends rather to increase than abate its evils.

They believe that the Congress of the United States has no power, under the Const.i.tution, to interfere with the inst.i.tution of slavery in the different States.

They believe that the Congress of the United States has the power, under the Const.i.tution, to abolish slavery in the District of Columbia, but that the power ought not to be exercised, unless at the request of the people of the District.

The difference between these opinions and those contained in the said resolutions, is their reason for entering this protest.

(Signed) DAN STONE, A. LINCOLN, _Representatives from the County of Sangamon._

The great financial panic which swept over the country in 1837 rendered expedient an extra session of the Legislature, which was called together in July. General Lee D. Ewing had been elected to this session from Fayette County for the express purpose of repealing the law removing the capital from Vandalia to Springfield. "General Ewing was," says Mr.

Linder, "a man of considerable notoriety, popularity, and talents. He had been a member of Congress from Illinois, and had filled various State offices in his time. He was a man of elegant manners, great personal courage, and would grace either the _salons_ of fashion or the Senate chamber at Washington. The Legislature opened its special session (I was there as a spectator), and General Ewing sounded the tocsin of war. He said that 'the arrogance of Springfield, its presumption in claiming the seat of government, was not to be endured; that the law had been pa.s.sed by chicanery and trickery; that the Springfield delegation had sold out to the internal improvement men, and had promised their support to every measure that would gain them a vote to the law removing the seat of government.' He said many other things, cutting and sarcastic. Lincoln was chosen by his colleagues to reply to Ewing; and I want to say here that this was the first time that I began to conceive a very high opinion of the talents and personal courage of Abraham Lincoln. He retorted upon Ewing with great severity, denouncing his insinuations imputing corruption to him and his colleagues, and paying back with usury all that Ewing had said, when everybody thought and believed that he was digging his own grave; for it was known that Ewing would not quietly pocket any insinuations that would degrade him personally. I recollect his reply to Lincoln well. After addressing the Speaker, he turned to the Sangamon delegation, who all sat in the same portion of the house, and said: 'Gentlemen, have you no other champion than this coa.r.s.e and vulgar fellow to bring into the lists against me?

Do you suppose that I will condescend to break a lance with your low and obscure colleague?' We were all very much alarmed for fear there would be a personal conflict between Ewing and Lincoln. It was confidently believed that a challenge must pa.s.s between them; but friends on both sides took the matter in hand, and it was settled without anything serious growing out of it."

When the legislative session ended, in February, 1837, Lincoln returned to a job of surveying which he had begun a year before at Petersburg, near his old home at Salem. He spent a month or two at Petersburg, completing the surveying and planning of the town. That his work was well and satisfactorily done is attested by many--among them by Mr. John Bennett, who lived in Petersburg at the time. "My earliest acquaintance with Lincoln," says Mr. Bennett, "began on his return from Vandalia, where he had spent the winter as a member of the Legislature from Sangamon County. Lincoln spent most of the month of March in Petersburg, finishing up the survey and planning of the town he had commenced the year before. I was a great deal in his company, and formed a high estimate of his worth and social qualities, which was strengthened by many years of subsequent social intercourse and business transactions, finding him always strictly honest. In fact, he was now generally spoken of in this region as 'Honest Abe.' After Menard County was formed out of a portion of Sangamon County, and the county seat established at Petersburg, Mr. Lincoln was a regular attendant at the courts. I was then keeping a hotel, and he was one of my regular customers. Here he met many of his old cronies of his early days at Salem, and they spent the most of the nights in telling stories or spinning long yarns, of which Mr. Lincoln was particularly fond."

CHAPTER IV

Lincoln's Removal to Springfield--A Lawyer without Clients or Money--Early Discouragements--Proposes to Become a Carpenter--"Stuart & Lincoln, Attorneys at Law"--"Riding the Circuit"--Incidents of a Trip Round the Circuit--Pen Pictures of Lincoln--Humane Traits--Kindness to Animals--Defending Fugitive Slaves--Incidents in Lincoln's Life as a Lawyer--His Fondness for Jokes and Stories.

Lincoln's removal from New Salem to Springfield, where his more active life as a lawyer began, occurred in April, 1837, soon after the completion of his survey work at Petersburg. The event was closely connected with the removal of the State capital from Vandalia to Springfield, the law for which was pa.s.sed at the legislative session of 1836-7. As has been stated, Lincoln was a member of that Legislature and was active in procuring the pa.s.sage of the bill. The citizens of Springfield were very desirous of the removal of the capital to their town, and many of them were present at the session when the measure was up for discussion. They had thus become acquainted with Lincoln; they were favorably impressed as to his abilities and character, and pleased with his efforts in the matter in which they were so greatly interested.

Through their influence and encouragement he chose Springfield as his future home.

Lincoln's first interview, after his arrival in Springfield, was with Mr. Joshua F. Speed, with whom he already had a slight acquaintance, and who details the circ.u.mstances of their meeting. "He had ridden into town," says Mr. Speed, "on a borrowed horse, with no earthly property save a pair of saddle-bags containing a few clothes. I was a merchant at Springfield, and kept a large country store, embracing dry goods, groceries, hardware, books, medicines, bed-clothes, mattresses,--in fact, everything that country people needed. Lincoln came into the store with his saddle-bags on his arm, and said he wanted to buy the fixings for a single bed. The mattresses, blankets, sheets, coverlid, and pillow, according to the figures made by me, would cost seventeen dollars. He said that was perhaps cheap enough, but small as the sum was he was unable to pay it. But if I would credit him till Christmas and his experiment as a lawyer was a success, he would pay then; adding, in the saddest tone, 'If I fail in this, I do not know that I can ever pay you.' As I looked up at him I thought then, and think now, that I never saw a sadder face. I said to him, 'You seem to be so much pained at contracting so small a debt, I think I can suggest a plan by which you can avoid the debt and at the same time attain your end. I have a large room with a double bed up-stairs which you are very welcome to share with me.' 'Where is your room?' said he. 'Up-stairs,' said I, pointing to a pair of winding stairs which led from the store to my room. He took his saddle-bags on his arm, went up-stairs, set them down on the floor, and came down with the most changed countenance. Beaming with pleasure, he exclaimed, 'Well, Speed, I'm moved!' Lincoln was then twenty-eight years old. He was a lawyer without a client, with no money, all his earthly wealth consisting of the clothes he wore and the contents of his saddle-bags."

Lincoln shared the same room with Mr. Speed during his early residence in Springfield, taking his meals with his companion at the house of Mr.

William Butler, with whom he boarded for five years. His professional advancement at first was slow, and he had periods of great discouragement. An old settler of Illinois, named Page Eaton, says: "I knew Lincoln when he first came to Springfield. He was an awkward but hard-working young man. Everybody said he would never make a good lawyer because he was too honest. He came to my shop one day, after he had been here five or six months, and said he had a notion to quit studying law and learn carpentering. He thought there was more need of carpenters out here than lawyers." Soon after Lincoln's settlement in Springfield, he formed a law partnership with Major John T. Stuart, whom he had known for some years and who already had a good position at the bar. This partnership began, according to the statement of Major Stuart, on April 27, 1837. It continued just four years, when it was dissolved, and Lincoln and Judge Stephen T. Logan became partners. This latter partnership continued about two years, when, on September 20, 1843, the firm of Lincoln & Herndon was formed, and it continued to the time of Lincoln's death.

When Lincoln began to practice law, it was the custom in Illinois to "ride the circuit," a proceeding of which the older communities of the East know nothing. The State of Illinois, for instance, is divided into a number of districts, each composed of a number of counties, of which a single judge, appointed or elected as the case may be, for that purpose, makes the circuit, holding courts at each county seat. Railroads being scarce, the earlier circuit judges made their trips from county to county on horseback or in a gig; and the prominent lawyers living within the limits of the circuit made the tour of the circuit with the judge.

It is said that when Lincoln first began to "ride the circuit" he was too poor to own a horse or vehicle, and was compelled to borrow from his friends. But in due time he became the proprietor of a horse, which he fed and groomed himself, and to which he was very much attached. On this animal he would set out from home, to be gone for weeks together, with no baggage but a pair of saddle-bags containing a change of linen, and an old cotton umbrella to shelter him from sun or rain. When he got a little more of this world's goods he set up a one-horse buggy, a very sorry and shabby-looking affair which he generally used when the weather promised to be bad. The other lawyers were always glad to see him, and landlords hailed his coming with pleasure; but he was one of those gentle, uncomplaining men whom they would put off with indifferent accommodations. It was a significant remark of a lawyer who was thoroughly acquainted with his habits and disposition that "Lincoln was never seated next the landlord at a crowded table, and never got a chicken-liver or the best cut from the roast." Lincoln once remarked to Mr. Gillespie that he never felt his own unworthiness so much as when in the presence of a hotel clerk or waiter. If rooms were scarce, and one, two, three, or four gentlemen were required to lodge together in order to accommodate some surly man who "stood upon his rights," Lincoln was sure to be one of the unfortunates. Yet he loved the life of the circuit, and never went home without reluctance.

In describing the many experiences of the lawyers who travelled the circuits at this period, Mr. Arnold says: "The State was settled with a hardy, fearless, honest, but very litigious population. The court-house was sometimes framed and boarded, but more frequently it was built of logs. The judge sat upon a raised platform behind a rough board, sometimes covered with green baize, for a table on which to write his notes. A small table stood on the floor in front for the clerk. In the center of the room was another larger table around which in rude chairs the lawyers were grouped, too often with their feet on top of it. Rough benches were placed there for the jury, the parties to the suit, witnesses and bystanders. The court-rooms were nearly always crowded for here were rehea.r.s.ed and acted the dramas, the tragedies, and the comedies of real life. The court-house has always been a very attractive place to the people of the frontier. It supplied the place of theatres, lecture and concert rooms, and other places of interest and amus.e.m.e.nt in the older settlements and towns. The leading lawyers and judges were the star actors, and had each his partisans. Hence crowds attended the courts to see the judges, to hear the lawyers contend, with argument and law and wit, for success, victory, and fame. The merits and ability of the leading advocates, their success or discomfiture in examining or cross-examining a witness, the ability of this or that one to obtain a verdict, were canva.s.sed at every cabin-raising, bee, or horse-race, and at every log-house and school in the county. Thus the lawyers were stimulated to the utmost exertion of their powers, not only by controversy and desire of success, but by the consciousness that their efforts were watched with eagerness by friends, clients, partisans, or rivals. From one to another of these rude court-houses the gentlemen of the bar pa.s.sed, following the judge around his circuits from county to county, travelling generally on horseback, with saddle-bags, brushes, an extra shirt or two, and perhaps two or three law books. Sometimes two or three lawyers would unite and travel in a buggy, and the poorer and younger ones not seldom walked. But a horse was not an unusual fee, and in those days when horse thieves as clients were but too common, it was not long before a young man of ability found himself well mounted.

"There was very great freedom in social intercourse. Manners were rude, but genial, kind, and friendly. Each was always ready to a.s.sist his fellows, and selfishness was not tolerated. The relations between the bench and bar were familiar, free and easy. Flashes of wit and humor and repartee were constantly exchanged. Such was the life upon which Lincoln now entered; and there gathered with him around those pine tables of the frontier court-house a very remarkable combination of men, men who would have been leaders of the bar at Boston or New York, Philadelphia or Washington; men who would have made their mark in Westminster Hall, or upon any English circuit. At the capital were John T. Stuart, Stephen T. Logan, Edward D. Baker, Ninian W. Edwards, Josiah Lamborn, and many others. Among the leading lawyers from other parts of the State who practiced in the Supreme and Federal Courts at the capital were Stephen A. Douglas; Lyman Trumbull, for many years chairman of the judiciary committee of the United States Senate; O.H. Browning, Senator and member of the Cabinet at Washington; William H. Bissell, Member of Congress, and Governor of the State; David Davis, justice of the Supreme Court, Senator and Vice-President of the United States; Justin b.u.t.terfield of Chicago, and many others almost or quite equally distinguished. This 'circuit riding' involved all sorts of adventures. Hard fare at miserable country taverns, sleeping on the floor, and fording streams, were every-day occurrences. All such occurrences were met with good humor and often turned into sources of frolic and fun. In fording swollen streams, Lincoln was frequently sent forward as a scout or pioneer. His extremely long legs enabled him, by taking off his boots and stockings, and by rolling up or otherwise disposing of his trousers, to test the depth of the stream, find the most shallow water, and thus to pilot the party through the current without wetting his garments."

A gentleman who lived in one of the judicial circuits of Illinois in which Lincoln had an extensive though not very lucrative practice gives some graphic and interesting reminiscences. "The terms of the court were held quarterly and usually lasted about two weeks. They were always seasons of great importance and much gayety in the little town that had the honor of being the county seat. Distinguished members of the bar from surrounding and even from distant counties, ex-judges and ex-Members of Congress, attended and were personally and many of them popularly known to almost every adult, male and female, of the limited population. They came in by stages and on horseback. Among them the one whose arrival was looked forward to with the most pleasurable antic.i.p.ations, and whose possible absence--although he almost never was absent--was feared with the liveliest emotions of anxiety, was 'Uncle Abe,' as he was lovingly called by us all. Sometimes he might happen to be a day or two late. Then, as the Bloomington stage came in at sundown, the bench and bar, jurors and citizens, would gather in crowds at the hotel where he always put up, to give him a welcome if, happily, he should arrive, and to experience the keenest feelings of disappointment if he should not. If he arrived, as he alighted and stretched out both his long arms to shake hands with those nearest to him and with those who approached, his homely face handsome in its broad and sunshiny smile, his voice touching in its kindly and cheerful accents, everyone in his presence felt lighter in heart and more joyous. He brought light with him. He loved his fellow-men with all the strength of his great nature, and those who came in contact with him could not help reciprocating the love."

Another old friend describes Lincoln as being at this time "very plain in his costume, as well as rather uncourtly in his address and general appearance. His clothing was of home Kentucky jean, and the first impression made by his tall, lank figure upon those who saw him was not specially prepossessing. He had not outgrown his hard backwoods experience, and showed no inclination to disguise or to cast behind him the honest and manly though unpolished characteristics of his earlier days. Never was a man further removed from all sn.o.bbish affectation. As little was there, also, of the demagogue art of a.s.suming an uncouthness or rusticity of manner and outward habit with the mistaken notion of thus securing particular favor as 'one of the ma.s.ses.' He chose to appear then, as in all his later life, precisely what he was. His deportment was una.s.suming, though without any awkwardness of reserve."

Mr. Crane, an old settler of Tazewell County, says he used to see Lincoln when pa.s.sing through Washington, in that county, on his way to attend court at Metamora; and he remembers him as "dressed in a homespun coat that came below his knees and was out at both elbows."

Lincoln's tenderness of heart was displayed in his treatment of animals, toward which he was often performing unusual acts of kindness. On one occasion, as Mr. Speed relates, Lincoln and the other members of the Springfield bar had been attending court at Christiansburg, and Mr.

Speed was riding with them toward Springfield. There was quite a party of these lawyers, riding two by two along a country lane. Lincoln and John J. Hardin brought up the rear of the cavalcade. "We had pa.s.sed through a thicket of wild plum and crab-apple trees," says Mr. Speed, "and stopped to water our horses. Hardin came up alone. 'Where is Lincoln?' we inquired. 'Oh,' replied he, 'when I saw him last he had caught two young birds which the wind had blown out of their nests, and he was hunting the nest to put them back.' In a short time Lincoln came up, having found the nest and placed the young birds in it. The party laughed at him; but he said, 'I could not have slept if I had not restored those little birds to their mother.'"

Again, as Dr. Holland narrates, "Lincoln was one day riding by a deep slough or pit in which, to his exceeding pain, he saw a pig struggling, and with such faint efforts that it was evident that he could not extricate himself. Lincoln looked at the pig and the mud that enveloped him, and then looked ruefully at some new clothes in which he had but a short time before enveloped himself. Deciding against the claims of the pig he rode on; but he could not get rid of the vision of the poor brute, and at last, after riding two miles, he turned back, determined to rescue the animal at the expense of his new clothes. Arrived at the spot, he tied his horse, and coolly went to work to build of old rails a pa.s.sage to the bottom of the hole. Descending on these rails, he seized the pig and dragged him out, but not without serious damage to the clothes he wore. Washing his hands in the nearest brook and wiping them on the gra.s.s, he mounted his gig and rode along. He then fell to examining the motive that sent him back to the release of the pig. At the first thought it seemed to be pure benevolence; but at length he came to the conclusion that it was selfishness, for he certainly went to the pig's relief in order (as he said to the friend to whom he related the incident) to 'take a pain out of his own mind.'"

Instances showing the integrity, candor, unselfishness, and humanity of Lincoln's conduct in his law practice could be multiplied indefinitely.

The following are given by Dr. Holland: "The lawyers of Springfield, particularly those who had political aspirations, were afraid to undertake the defense of anyone who had been engaged in helping off fugitives slaves. It was a very unpopular business in those days and in that locality; and few felt that they could afford to engage in it. One who needed such aid went to Edward D. Baker, and was refused, distinctly and frankly on the ground that as a political man he could not afford it. The man applied to an ardent anti-slavery friend for advice. He spoke of Mr. Lincoln, and said, 'He's not afraid of an unpopular case.

When I go for a lawyer to defend an arrested fugitive slave, other lawyers will refuse me. But if Mr. Lincoln is at home he will always take my case.'"

An old woman of seventy-five years, the widow of a revolutionary pensioner, came tottering into his law office one day, and told him that a certain pension agent had charged her the exorbitant fee of two hundred dollars for collecting her pension. Lincoln was satisfied by her representations that she had been swindled, and finding that she was not a resident of the town, and that she was poor, gave her money, and set about the work of procuring rest.i.tution. He immediately entered suit against the agent to recover a portion of his ill-gotten money. This suit was one of the most remarkable that Lincoln ever conducted. The day before the case came up he asked his partner, Mr. Herndon, to get him a "Life of Washington," and he spent the whole afternoon reading it. His speech to the jury was long remembered. The whole court-room was in tears as he closed with these words: "Gentlemen of the jury. Time rolls by. The heroes of '76 have pa.s.sed away. They are encamped on the other sh.o.r.e. This soldier has gone to his rest, and now, crippled, blinded, and broken, his widow comes to you and to me, gentlemen of the jury, to right her wrongs. She was not always as you see her now. Once her step was elastic. Her face was fair. Her voice was as sweet as any that rang in the mountains of old Virginia. Now she is old. She is poor and defenceless. Out here on the prairies of Illinois, hundreds of miles from the scenes of her childhood, she appeals to you and to me who enjoy the privileges achieved for us by the patriots of the Revolution for our sympathetic aid and manly protection. I have but one question to ask you, gentlemen of the jury. Shall we befriend her?" During the speech the defendant sat huddled up in the court-room, writhing under the lash of Lincoln's tongue. The jury returned a verdict for every cent that Lincoln had asked. He became the old lady's surety for costs, paid her hotel bill and sent her home rejoicing. He made no charges for his own or his partner's services. A few days afterwards Mr. Herndon picked up a little sc.r.a.p of paper in the office. He looked at it a moment, and burst into a roar of laughter. It was Lincoln's notes for the argument of this case. They were unique:--"No contract--Not professional services--Unreasonable charges--Money retained by Deft not given by Pl'ff.--Revolutionary War--Describe Valley Forge--Ice--Soldiers'

bleeding feet--Pl'ff's husband--Soldiers leaving home for the army--_Skin Def't_--Close."

In his Autobiography, Joseph Jefferson tells how he visited Springfield with a theatrical company in the early days (1839) and planned to open a theatrical season in that G.o.dly town. But "a religious revival was in progress, and the fathers of the church not only launched forth against us in their sermons, but got the city to pa.s.s a new law enjoining a heavy license against our 'unholy' calling. I forget the amount, but it was large enough to be prohibitory." The company had begun the building of a new theatre; and naturally the situation was perplexing. In the midst of their trouble, says Mr. Jefferson, "a young lawyer called on the Managers. He had heard of the injustice, and offered, if they would place the matter in his hands, to have the license taken off,--declaring that he only wanted to see fair play, and he would accept no fee whether he failed or succeeded. The case was brought up before the council. The young lawyer began his harangue. He handled the subject with tact, skill, and humor, tracing the history of the drama from the time when Thespis acted in a cart, to the stage of to-day. He ill.u.s.trated his speech with a number of anecdotes, and kept the council in a roar of laughter. His good humor prevailed, and the exorbitant tax was taken off. This young lawyer was very popular in Springfield, and was honored and beloved by all who knew him; and after the time of which I write he held rather an important position in the Government of the United States. He now lies buried in Springfield, under a monument commemorating his greatness and his virtues,--and his name was Abraham Lincoln."

Judge Gillespie tells a good story, to the effect that Lincoln and General U.P. Linder were once defending a man who was being tried on a criminal charge before Judge David Davis, who said at dinner-time that the case must be disposed of that night. Lincoln suggested that the best thing they could do would be to run Benedict, the prosecuting attorney, as far into the night as possible, in hopes that he might, in his rage, commit some indiscretion that would help their case. Lincoln began, but to save his life he could not speak one hour, and the laboring oar fell into Linder's hands. "But," said Lincoln, "he was equal to the occasion.

He spoke most interestingly three mortal hours, about everything in the world. He discussed Benedict from head to foot, and put in about three-quarters of an hour on the subject of Benedict's whiskers."

Lincoln said he never envied a man so much as he did Linder on that occasion. He thought he was inimitable in his capacity to talk interestingly about everything and nothing, by the hour.

But if Lincoln had not General Linder's art of "talking against time,"

his wit often suggested some readier method of gaining advantage in a case. On one occasion, a suit was on trial in the Circuit Court of Sangamon County, in which Lincoln was attorney for the plaintiff, and Mr. James C. Conkling, then a young man just entering practice, was attorney for the defendant. It was a jury trial, and Lincoln waived the opening argument to the jury, leaving Mr. Conkling to sum up his case for the defense. The latter spoke at considerable length, in a soph.o.m.oric style, laboring under the impression that unless he made an extraordinary exertion to influence the jury he would be quite eclipsed by Lincoln in his closing speech. But he was completely taken back by the unlooked-for light manner in which Lincoln treated the case in his closing. Lincoln proceeded to reply but, in doing so he talked on without making the slightest reference to the case on hearing or to the argument of Mr. Conkling. His summing-up to the jury was to the following effect: "Gentlemen of the jury: In early days there lived in this vicinity, over on the Sangamon river, an old Indian of the Kickapoo tribe by the name of Johnnie Kongapod. He had been taken in charge by some good missionaries, converted to Christianity, and educated to such extent that he could read and write. He took a great fancy to poetry and became somewhat of a poet himself. His desire was that after his death there should be placed at the head of his grave an epitaph, which he prepared himself, in rhyme, in the following words:

"'Here lies poor Johnnie Kongapod; Have mercy on him, gracious G.o.d, As he would do if he were G.o.d And you were Johnnie Kongapod.'"

Of course all this had no reference to the case, nor did Lincoln intend it should have any. It was merely his way of ridiculing the eloquence of his opponent. The verdict of the jury was for the plaintiff, as Lincoln expected it would be; and this was the reason of his treating the case as he did.

A story somewhat similar to the above was told by the late Judge John Pearson shortly before his death. In the February term, 1850, of the Circuit Court of Vermilion County, Illinois, a case was being tried in which a young lady had brought suit for $10,000 against a recreant lover who had married another girl. The amount sued for was thought to be an enormous sum in those days, and the ablest talent to be found was brought into requisition by both sides. Richard Thompson and Daniel W.

Voorhees were a.s.sociated with O.L. Davis for the fair plaintiff. H.W.

Beckwith, Ward Lamon, and Abraham Lincoln were for the defendant. The little town of Danville was crowded with people from far and near who had come to hear the big speeches. The evidence brought out in the trial was in every way against the defendant, and the sympathy of the public was, naturally enough, with the young lady plaintiff. Lincoln and his a.s.sociate counsel plainly saw the hopelessness of their cause; and they wisely concluded to let their side of the case stand upon its merits, without even a plea of extenuating circ.u.mstances. Voorhees was young, ambitious, and anxious to display his oratory. He arranged with his colleagues at the beginning that he should make a speech, and he spent several hours in his room at the hotel in the preparation of an oratorical avalanche. It became generally known that Dan was going to out-do himself, and the expectation of the community was at its highest tension. The little old court-house was crowded. The ladies were out in full force. Voorhees came in a little late, glowing with the excitement of the occasion. It had been arranged that Davis was to open, Lincoln was to follow, and Voorhees should come next. Mr. Davis made a clear statement of the case, recited the character of the evidence, and closed with a plain logical argument. Then Lincoln arose, and stood in silence for a moment, looking at the jury. He deliberately re-arranged some of the books and papers on the table before him, as though "making a good ready," as he used to say, and began in a spirited but deliberate way: "Your Honor, the evidence in this case is all in, and doubtless all concerned comprehend its fullest import without the aid of further argument. Therefore we will rest our case here." This move, of course, cut off all future discussion. Voorhees, with his load of pyrotechnics was shut out. An ominous silence followed Lincoln's remark; then Voorhees arose, white with rage, and entered a protest against the tactics of the defense. All the others were disappointed, but amused, and the only consolation that Voorhees got out of this affair was a verdict for the full amount claimed by his client. But he never forgave Lincoln for thus "nipping" his great speech "in the bud."

Mr. Wickizer gives a story which ill.u.s.trates the off-hand readiness of Lincoln's wit. "In the court at Bloomington Mr. Lincoln was engaged in a case of no great importance; but the attorney on the other side, Mr. S., a young lawyer of fine abilities, was always very sensitive about being beaten, and in this case he manifested unusual zeal and interest. The case lasted until late at night, when it was finally submitted to the jury. Mr. S. spent a sleepless night in anxiety, and early next morning learned, to his great chagrin, that he had lost the case. Mr. Lincoln met him at the court-house and asked him what had become of his case.

With lugubrious countenance and melancholy tone, Mr. S. said, 'It's gone to h.e.l.l!' 'Oh, well!' replied Lincoln, 'Never mind,--you can try it again there!'"

Lincoln was always ready to join in a laugh at his own expense, and used to tell the following story with intense enjoyment: "In the days when I used to be 'on the circuit' I was accosted in the cars by a stranger who said, 'Excuse me, sir, but I have an article in my possession which belongs to you.' 'How is that?' I asked, considerably astonished. The stranger took a jack-knife from his pocket. 'This knife,' said he, 'was placed in my hands some years ago with the injunction that I was to keep it until I found a man uglier than myself. I have carried it from that time to this. Allow me to say, sir, that I think you are fairly ent.i.tled to the property.'"

Mr. Gillespie says of Lincoln's pa.s.sion for story-telling: "As a boon companion, Lincoln, although he never drank liquor or used tobacco in any form, was without a rival. No one would ever think of 'putting in'

when he was talking. He could ill.u.s.trate any subject, it seemed to me, with an appropriate and amusing anecdote. He did not tell stories merely for the sake of telling them, but rather by way of ill.u.s.tration of something that had happened or been said. There seemed to be no end to his fund of stories." Mr. Lamon states: "Lincoln frequently said that he lived by his humor and would have died without it. His manner of telling a story was irresistibly comical, the fun of it dancing in his eyes and playing over every feature. His face changed in an instant; the hard lines faded out of it, and the mirth seemed to diffuse itself all over him like a spontaneous tickle. You could see it coming long before he opened his mouth, and he began to enjoy the 'point' before his eager auditors could catch the faintest glimpse of it. Telling and hearing ridiculous stories was one of his ruling pa.s.sions." A good ill.u.s.tration of this fondness for story-telling is given by Judge Sibley, of Quincy, Illinois, who knew Lincoln when practicing law at Springfield. One day a party of lawyers were sitting in the law library of the court-house at Springfield, awaiting the opening of court, and telling stories to fill the time. Judge Breese of the Supreme bench--one of the most distinguished of American jurists, and a man of great personal dignity--pa.s.sed through the room where the lawyers were sitting, on his way to open court. Lincoln, seeing him, called out in his hearty way, "Hold on, Breese! Don't open court yet! Here's Bob Blackwell just going to tell a new story!" The judge pa.s.sed on without replying, evidently regarding it as beneath the dignity of the Supreme Court to delay proceedings for the sake of a story.

CHAPTER V

Lincoln in the Legislature--Eight Consecutive Years of Service--His Influence in the House--Leader of the Whig Party in Illinois--Takes a Hand in National Politics--Presidential Election in 1840--A "Log Cabin" Reminiscence--Some Memorable Political Encounters--A Tilt with Douglas--Lincoln Facing a Mob--His Physical Courage--Lincoln as a Duellist--The Affair with General Shields--An Eye-Witness'

Account of the Duel--Courtship and Marriage.

In 1838 Lincoln was for a third time a candidate for the State Legislature. Mr. Wilson, one of his colleagues from Sangamon County, states that a question of the division of the county was one of the local issues. "Mr. Lincoln and myself," says Mr. Wilson, "among others residing in the portion of the county which sought to be organized into a new county, opposed the division; and it became necessary that I should make a special canva.s.s through the northwest part of the county, then known as Sand Ridge. I made the canva.s.s. Mr. Lincoln accompanied me, and being personally acquainted with everyone we called at nearly every house. At that time it was the universal custom to keep some whiskey in the house for private use and to treat friends. The subject was always mentioned as a matter of politeness, but with the usual remark to Mr. Lincoln, 'We know you never drink, but maybe your friend would like to take a little.' I never saw Mr. Lincoln drink. He often told me he never drank; had no desire for drink, nor for the companionship of drinking men."

The result of this canva.s.s was that Lincoln was elected to the Legislature for the session of 1838-39. The next year he was elected for the session of 1840-41. This ended his legislative service, which comprised eight consecutive years, from 1834 to 1841. In these later sessions he was as active and prominent in the House as he had been in the earlier times when a member from New Salem.

Lincoln's faculty for getting the better of an adversary by an apt ill.u.s.tration or anecdote was seldom better shown than by an incident which occurred during his last term in the Legislature. Hon. James C.