Abraham Lincoln. Baron Godfrey Rathbone Benson Charnwood
Choate, assures us that at the Illinois bar in those days Lincoln had to measure himself against very considerable men in suits of a class that required some intellect and training. And in his own way he held his own among these men. A layman may humbly conjecture that the combination in one person of the advocate and the solicitor must give opportunities of far truer intellectual training than the mere advocate can easily enjoy. The Illinois advocate was not all the time pleading the cause which he was employed to plead, and which if it was once offered to him it was his duty to accept; he was the personal adviser of the client whose cause he pleaded, and within certain limits he could determine whether the cause was brought at all, and if so whether he should take it up himself or leave it to another man. The rule in such matters was elastic and practice varied. Lincoln's practice went to the very limit of what is permissible in refusing legal aid to a cause he disapproved. Coming into court he discovered suddenly some fact about his case which was new to him but which would probably not have justified an English barrister in throwing up his brief. The case was called; he was absent; the judge sent to his hotel and got back a message: "Tell the judge I'm washing my hands." One client received advice much to this effect: "I can win your case; I can get you $600. I can also make an honest family miserable. But I shall not take your case, and I shall not take your fee. One piece of advice I will give you gratis: Go home and think seriously whether you cannot make $600 in some honest way." And this habit of mind was beyond his control. Colleagues whom he was engaged to assist in cases agreed that if a case lost his sympathy he became helpless and useless in it. This, of course, was not the way to make money; but he got along and won a considerable local position at the bar, for his perfect honesty in argument and in statement of fact was known to have won the confidence of the judges, and a difficult case which he thought was right elicited the full and curious powers of his mind. His invective upon occasion was by all accounts terrific. An advocate glanced at Lincoln's notes for his speech, when he was appearing against a very heartless swindler and saw that they concluded with the ominous words, "Skin Defendant." The vitriolic outburst which occurred at the point thus indicated seems to have been long remembered by the Illinois bar. To a young man who wished to be a lawyer yet shrunk from the profession lest it should necessarily involve some dishonesty Lincoln wrote earnestly and wisely, showing him how false his impression of the law was, but concluding with earnest entreaty that he would not enter the profession if he still had any fear of being led by it to become a knave.
One of his cases is interesting for its own sake, not for his part in it. He defended without fee the son of his old foe and friend Jack Armstrong, and of Hannah, who mended his breeches, on a charge of murder. Six witnesses swore that they had seen him do the deed about 11 P.m. on such and such a night. Cross-examined: They saw it all quite clearly; they saw it so clearly because of the moonlight. The only evidence for the defence was an almanac. There had been no moon that night. Another case is interesting for his sake. Two young men set up in a farm together, bought a waggon and team from a poor old farmer, Lincoln's client, did not pay him, and were sued. They had both been just under twenty-one when they contracted the debt, and they were advised to plead infancy. A stranger who was present in Court described afterwards his own indignation as the rascally tale was unfolded, and his greater indignation as he watched the locally famous Mr. Lincoln, lying back in his seat, nodding complacently and saying, "I reckon that's so," as each of the relevant facts was produced, and the relevant Statute read and expounded. At last, as the onlooker proceeded to relate, the time came for Lincoln to address the jury, with whom, by Illinois law, the issue still rested. Slowly he disengaged his long, lean form from his seat, and before he had got it drawn out to its height he had fixed a gaze of extraordinary benevolence on the two disgraceful young defendants and begun in this strain: "Gentlemen of the Jury, are you prepared that these two young men shall enter upon life and go through life with the stain of a dishonourable transaction for ever affixed to them," and so forth at just sufficient length and with just enough of Shakespearean padding about honour. The result with that emotional and probably irregular Western court is obvious, and the story concludes with the quite credible assertion that the defendants themselves were relieved. Any good jury would, of course, have been steeled against the appeal, which might have been expected, to their compassion for a poor and honest old man. A kind of innocent and benign cunning has been the most engaging quality in not a few great characters. It is tempting, though at the risk of undue solemnity, to look for the secret of Lincoln's cunning in this instance. We know from copybooks and other sources that these two young men, starting on the down grade with the help of their blackguardly legal adviser, were objects for pity, more so than the man who was about to lose a certain number of dollars. Lincoln, as few other men would have done, felt a certain actual regret for them then and there; he felt it so naturally that he knew the same sympathy could be aroused, at least in twelve honest men who already wished they could find for the plaintiff. It has often been remarked that the cause of his later power was a knowledge of the people's mind which was curiously but vitally bound up with his own rectitude.
Any attempt that we may make to analyse a subtle character and in some respects to trace its growth is certain to miss the exact mark. But it is in any case plain that Abraham Lincoln left political life in 1849, a praiseworthy self-made man with good sound views but with nothing much to distinguish him above many other such, and at a sudden call returned to political life in 1854 with a touch of something quite uncommon added to those good sound views.
4. The Repeal of the Missouri Compromise.
The South had become captive to politicians, personally reputable and of some executive capacity, who had converted its natural prejudice into a definite doctrine which was paradoxical and almost inconceivably narrow, and who, as is common in such instances of perversion and fanaticism, knew hardly any scruple in the practical enforcement of their doctrine. In the North, on the other hand, though there were some few politicians who were clever and well-intentioned, public opinion had no very definite character, and public men generally speaking were flabby. At such a time the sheer adventurer has an excellent field before him and perhaps has his appointed use.
Stephen Douglas, who was four years younger than Lincoln, had come to Illinois from the Eastern States just about the time when Lincoln entered the Legislature. He had neither money nor friends to start with, but almost immediately secured, by his extraordinary address in pushing himself, a clerkship in the Assembly. He soon became, like Lincoln, a lawyer and a legislator, but was on the Democratic side. He rapidly soared into regions beyond the reach of Lincoln, and in 1847 became a Senator for Illinois, where he later became Chairman of the Committee on Territories, and as such had to consider the question of providing for the government of the districts called Kansas and Nebraska, which lay west and north-west of Missouri, and from which slavery was excluded by the Missouri Compromise. He was what in England is called a "Jingo," and was at one time eager to fight this country for the possession of what is now British Columbia. His short figure gave an impression of abounding strength and energy which obtained him the nickname of "the little Giant." With no assignable higher quality, and with the blustering, declamatory, shamelessly fallacious and evasive oratory of a common demagogue, he was nevertheless an accomplished Parliamentarian, and imposed himself as effectively upon the Senate as he did upon the people of Illinois and the North generally. He was, no doubt, a remarkable man, with the gift of attracting many people. A political opponent has described vividly how at first sight he was instantly repelled by the sinister and dangerous air of Douglas' scowl; a still stronger opponent, but a woman, Mrs. Beecher Stowe, seems on the contrary to have found it impossible to hate him. What he now did displayed at any rate a sporting quality.
In the course of 1854 Stephen Douglas while in charge of an inoffensive Bill dealing with the government of Kansas and Nebraska converted it into a form in which it empowered the people of Kansas at any time to decide for themselves whether they would permit slavery or not, and in express terms repealed the Missouri Compromise. With the easy connivance of President Pierce and the enthusiastic support of the Southerners, and by some extraordinary exercise of his art as demagogue and Parliamentarian, he triumphantly ran this measure through.
Just how it came about seems to be rather obscure, but it is easy to conjecture his motives. Trained in a school in which scruple or principle were unknown and the man who arrives is the great man, Douglas, like other such adventurers, was accessible to visions of a sort. He cared nothing whether negroes were slaves or not, and doubtless