LINCOLN (Vol. 1-7). Theodore Roosevelt
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these increased, when Lincoln, surveying the Judge's animal, set down his saw-horse, and exclaimed: "Well, Judge, this is the first time I ever got the worst of it in a horse-trade!"
There has been much discussion as to Lincoln's rank and ability as a lawyer. Opinion among his contemporaries seems to have been somewhat divided. Mr. Herndon felt warranted in saying that he was at the same time a very great and a very insignificant lawyer. His mind was logical and direct. Generalities and platitudes had no charm for him. He had the ability to seize the strong points of a case and present them with clearness and compactness. His power of comparison was great. He rarely failed in a legal discussion to use this mode of reasoning. Yet he knew practically nothing of the rules of evidence, of pleading, of practice, as laid down in the text-books, and seemed to care little about them. Sometimes he lost cases of the plainest justice which the most inexperienced lawyer could have won. He looked upon two things as essential to his success in a case. One was time; he was slow in reasoning and slow in speech. The other was confidence that the cause he represented was just. "If either of these were lacking," said Mr. Herndon, "Lincoln was the weakest man at the bar. When it fell to him to address the jury he often relied absolutely on the inspiration of the moment,—but he seldom failed to carry his point."
Among the great number of opinions of Lincoln's rank as a lawyer, expressed by his professional brethren, a few may properly be given in closing this chapter, which is devoted chiefly to Mr. Lincoln's professional career. First we may quote the brief but emphatic words of the distinguished jurist, Judge Sidney Breese, Chief Justice of Illinois, who said: "For my single self, I have for a quarter of a century regarded Mr. Lincoln as the finest lawyer I ever knew, and of a professional bearing so high-toned and honorable, as justly, and without derogating from the claims of others, entitling him to be presented to the profession as a model well worthy of the closest imitation."
Another distinguished Chief Justice, Hon. John Dean Caton; says: "In 1840 or 1841, I met Mr. Lincoln, and was for the first time associated with him in a professional way. We attended the Circuit Court at Pontiac, Judge Treat presiding, where we were both engaged in the defense of a man by the name of Lavinia. That was the first and only time I was associated with him at the bar. He practiced in a circuit that was beyond the one in which I practiced, and consequently we were not brought together much in the practice of the law. He stood well at the bar from the beginning. I was a younger man, but an older lawyer. He was not admitted to the bar till after I was. I was not closely connected with him. Indeed, I did not meet him often, professionally, until I went on the bench in 1842; and he was then in full practice before the Supreme Court, and continued to practice there regularly at every term until he was elected President. Mr. Lincoln understood the relations of things, and hence his deductions were rarely wrong from any given state of facts. So he applied the principles of law to the transactions of men with great clearness and precision. He was a close reasoner. He reasoned by analogy, and enforced his views by apt illustration. His mode of speaking was generally of a plain and unimpassioned character, and yet he was the author of some of the most beautiful and eloquent passages in our language, which, if collected, would form a valuable contribution to American literature. The most punctilious honor ever marked his professional and private life."
The Hon. Thomas Drummond, for many years Judge of the United States District Court at Chicago, said: "It is not necessary to claim for Mr. Lincoln attributes or qualities which he did not possess. He had enough to entitle him to the love and respect and esteem of all who knew him. He was not skilled in the learning of the schools, and his knowledge of the law was acquired almost entirely by his own unaided study and by the practice of his profession. Nature gave him great clearness and acuteness of intellect and a vast fund of common-sense; and as a consequence of these he had much sagacity in judging of the motives and springs of human conduct. With a voice by no means pleasing, and, indeed, when excited, in its shrill tones sometimes almost disagreeable; without any of the personal graces of the orator; without much in the outward man indicating superiority of intellect; without great quickness of perception,—still, his mind was so vigorous, his comprehension so exact and clear, and his judgments so sure, that he easily mastered the intricacies of his profession, and became one of the ablest reasoners and most impressive speakers at our bar. With a probity of character known to all, with an intuitive insight into the human heart, with a clearness of statement which was itself an argument, with an uncommon power and facility of illustration, often, it is true, of a plain and homely kind, and with that sincerity and earnestness of manner to carry conviction, he was perhaps one of the most successful jury lawyers we have ever had in the State. He always tried a case fairly and honestly. He never intentionally misrepresented the testimony of a witness or the arguments of an opponent. He met both squarely, and, if he could not explain the one or answer the other, substantially admitted it. He never misstated the law according to his own intelligent view of it. Such was the transparent candor and integrity of his nature that he could not well or strongly argue a side or a cause that he thought wrong. Of course, he felt it his duty to say what could be said, and to leave the decision to others; but there could be seen in such cases the inward struggle in his own mind. In trying a cause he might occasionally dwell too long or give too much importance to an inconsiderable point; but this was the exception, and generally he went straight to the citadel of a cause or a question, and struck home there, knowing if that were won the outwork would necessarily fall. He could hardly be called very learned in his profession, and yet he rarely tried a cause without fully understanding the law applicable to it. I have no hesitation in saying he was one of the ablest lawyers I have ever known. If he was forcible before the jury he was equally so with the court. He detected with unerring sagacity the marked points of his opponents' arguments, and pressed his own views with overwhelming force. His efforts were quite unequal, and it may have been that he would not on some occasions strike one as at all remarkable; but let him be thoroughly aroused, let him feel that he was right and that some great principle was involved in his case, and he would come out with an earnestness of conviction, a power of argument, and a wealth of illustration, that I have never seen surpassed.... Simple in his habits, without pretensions of any kind, and distrustful of himself, he was willing to yield precedence and place to others, when he ought to have claimed them for himself. He rarely, if ever, sought office except at the urgent solicitations of his friends. In substantiation of this, I may be permitted to relate an incident which now occurs to me. Prior to his nomination for the Presidency, and, indeed, when his name was first mentioned in connection with that high office, I broached the subject upon the occasion of meeting him here. His response was, 'I hope they will select some abler man than myself.'"
Mr. C.S. Parks, a lawyer associated with Lincoln for some years, furnishes the following testimony concerning his more prominent qualities: "I have often said that for a man who was for a quarter of a century both a lawyer and a politician he was the most honest man I ever knew. He was not only morally honest, but intellectually so. He could not reason falsely; if he attempted it, he failed. In politics he would never try to mislead. At the bar, when he thought he was wrong, he was the weakest lawyer I ever saw."
Hon. David Davis, afterwards Associate Justice U.S. Supreme Court and U.S. Senator, presided over the Eighth Judicial Circuit of Illinois during the remaining years of Lincoln's practice at the bar. He was united to Lincoln in close bonds of friendship, and year after year travelled with him over the circuit, put up with him at the same hotels, and often occupied the same room with him. "This simple life," says Judge Davis, "Mr. Lincoln loved, preferring it to the practice of the law in the city. In all the elements that constitute the great lawyer, he had few equals. He seized the strong points of a cause, and presented them with clearness and great compactness. He read law-books but little, except when the cause in hand made it necessary; yet he was unusually self-reliant, depending on his own resources, and rarely consulting his brother lawyers either on the management of his case or the legal questions involved. He was the fairest and most accommodating of practitioners, granting all favors which he could do consistently with his duty to his client, and rarely availing himself of an unwary oversight of his adversary. He hated wrong and oppression everywhere, and many a man, whose fraudulent conduct was undergoing review in a court of justice, has withered under his terrific indignation and rebuke."
Mr. Speed says: "As a lawyer, after his first year he was acknowledged to be among the best in the State. His analytical powers were marvellous. He always resolved every question into