137 “hound from Illinois”: Beveridge, 1:482.
137 throughout the country: W. D. Howells, Life of Abraham Lincoln (Springfield, Ill.: Abraham Lincoln Association, 1938), p. 64.
137 “calculation of consequences”: Riddle, Congressman Abraham Lincoln, p. 170; Beveridge, 1:485. Lincoln’s proposal was not a moving cause for Calhoun’s Address of the Southern Delegates in Congress, to their constituents, which had been prepared in a preliminary form some weeks earlier. Charles M. Wiltse, John C. Calhoun: Sectionalism 1840–1850 (Indianapolis: Bobbs-Merrill Co., 1951), p. 541.
137 “at that time”: CW, 2:22.
138 “fairness, and friendship”: CW, 2:22–24.
138 “not be sustained”: CW, 2:43.
138 “State Central Committee”: CW, 2:39–40.
138 “had no opposition”: CW, 2:46.
138 “go for him”: J. F. Speed to WHH, Feb. 14, 1866, copy, Lamon MSS, HEH.
138 “it for themselves”: CW, 2:28–29.
139 “the Land Office”: David Davis to AL, Feb. 21, 1849, Lincoln MSS, LC.
139 at most, tepid: The most persuasive account of this episode, which I have closely followed, is Thomas F. Schwartz, “‘An Egregious Political Blunder’: Justin Butterfield, Lincoln and Illinois Whiggery,” Papers of the Abraham Lincoln Association 8 (1986): 9–19.
139 “by common consent”: CW, 2:29.
139 “surrender of the law”: CW, 10:14.
139 Morrison declined it: CW, 2:41.
139 “in a favorable light”: John H. Morrison to David Davis, Apr. 26, 1849, photostat, David Davis MSS, Chicago Historical Society.
140 “a Land lawyer”: Josiah M. Lucas to AL, May 9, 1849, Lincoln MSS, LC.
140 Butterfield’s candidacy: For the story from Butterfield’s perspective, see Thomas Ewing, “Lincoln and the General Land Office, 1849,” JISHS 25 (Oct. 1932): 139–153.
140 “Mr. B. himself”: CW, 2:43, 51.
140 to write letters: CW, 2:52.
140 “of the State”: Riddle, Congressman Abraham Lincoln, pp. 210, 122. The author of the letter, Caleb Birchall, was angry because Lincoln had failed to recommend him to be postmaster at Springfield. Boritt, “Lincoln’s Opposition to the Mexican War,” p. 96.
140 “man of straw”: CW, 2:60.
140 “the office myself”: CW, 11:5–6.
141 declined the offer: CW, 11:5.
141 “mass of names”: CW, 2:19.
CHAPTER SIX: AT THE HEAD OF HIS PROFESSION IN THIS STATE
Much of the information in this chapter comes from the hundreds of unpublished documents in the files of the Lincoln Legal Papers in Springfield. John J. Duff, A. Lincoln: Prairie Lawyer (New York: Rinehart & Co., 1960), is the fullest account of Lincoln’s law practice, and I have relied heavily on its accurate and informed accounts of Lincoln’s major legal cases. David Herbert Donald, Lincoln’s Herndon (New York: Alfred A. Knopf, 1948), discusses the Lincoln & Herndon partnership.
142 “than ever before”: CW, 3:512.
142 “tended to consumption”: WHH, interview with David Davis, Sept. 19, 1866, HWC.
142 “in his mind”: CW, 4:67.
142 “Education defective”: CW, 2:459.
142 “training and method”: Herndon’s Lincoln, 2:307.
143 “Six-books of Euclid”: CW, 4:62.
143 Nancy Robinson Dorman: For a full account of this case, see William D. Beard, “Lincoln’s ‘Jarndyce v. Jarndyce’: A Family Dispute on the Illinois Frontier,” unpublished monograph, Lincoln Legal Papers.
143 argued a case: For details on this case, reported at 48 U.S. (7 Howard) 776, see James D. Maher, Clerk of the U.S. Supreme Court, to Willis Van Devanter, Feb. 15,1918, and Willis Van Devanter to Jesse W. Weik, Feb. 16, 1918, both in the Herndon-Weik Collection, LC. Lincoln was also attorney of record in five other cases, but he did not argue them in person. Lincoln Legal Briefs, no. 31 (July–Sept. 1994). See also Duff, A Lincoln, pp. 156–157.
143 amount of $3:33: Bacon v. Nuckles File, Lincoln Legal Papers.
143 in municipal law: Duff, A Lincoln, pp. 261–262.
144 issues and precedents: Both these notebooks are in ISHL.
144 left for Congress: See the careful list of Lincoln’s cases in the United States Circuit and District courts in the files of the Lincoln Legal Papers. For an informed discussion, see Benjamin P. Thomas, “Lincoln’s Earlier Practice in the Federal Courts, 1839–1854,” Bulletin of the Abraham Lincoln Association, no. 39 (June 1935).
144 found abundant opportunity: The records of Lincoln’s cases before the United States District and Circuit courts for the Southern District of Illinois after 1855 have been microfilmed by the National Archives. Lincoln at the Bar: Selected Case Files from the United States District and Circuit Courts, Southern District of Illinois, 1855–1861 (Washington, D.C.: National Archives and Records Administration, 1989), is a useful guide.
144 as in Springfield: Duff, A Lincoln, chap. 13, gives an excellent overview of Lincoln’s federal practice.
144 “over the world”: CW, 3:338.
145 “his professional life”: Grant Goodrich to WHH, Dec. 9, 1866, HWC.
145 the third day: Day by Day, 2:18–19.
145 of all cases: Donald, Lincoln’s Herndon, p. 44.
145 completed the furnishings: Herndon’s Lincoln, 2:316–317.
145 “of the room”: WHH to Jesse W. Weik, Oct. 21, 1885, HWC.
145 “read the better”: WHH to Weik, Feb. 18, 1887, HWC.
146 “Old Abe”: The first time E. B. Washburne heard Lincoln called “Old Abe” was at the 1847 River and Harbor Convention in Chicago. Washburne, “Abraham Lincoln in Illinois,” North American Review, 141 (Oct. 1885): 313.
146 “the old men”: CW, 1:497. Lincoln was here referring to the discontent of young Whig politicians, like Herndon, but his remark applied equally to young lawyers.
146 David Davis: The standard biography, on which I have drawn heavily in the following paragraphs, is Willard L. King, Lincoln’s Manager-. David Davis (Cambridge, Mass.: Harvard University Press, 1960).
146 of his feet: King, Lincoln’s Manager, p. 74.
146 immense safety pin: Jane Martin Johns, Personal Recollections of Early Decatur, Abraham Lincoln, Richard f. Oglesby and the Civil War, ed. Howard C. Schaub (Decatur, Ill: Decatur Chapter Daughters of the American Revolution, 1912), p. 62.
146 “mankind or thing”: WHH, interview with David Davis, Sept. 19, 1866, HWC.
147 “honesty and fairness”: King, Lincoln’s Manager, p. 73.
147 actions for debt: Harry E. Pratt, “‘Judge’ Abraham Lincoln “JISHS 48 (Spring 1955): 28–30; Duff, A Lincoln, chap. 17.
147 Old Tom: Francis Orlando Krupka, “Historic Structure Report: Abraham Lincoln Home” (Springfield, Ill: Lincoln Home National Historic Site, 1992), pp. 424–439, gives a detailed account of Lincoln’s horses.
147 “of a horse”: King, Lincoln’s Manager, pp. 77, 83.
147 “into this Cabbage”: WHH, interview with David Davis, Sept. 19, 1866, copy, Lamon MSS, HEH.
148 lawyer for guidance: Duff, A Lincoln, pp. 212–214.
148 to only $3: These cases before the Tazewell County Circuit Court are: People v. Nathaniel Wright et al. (Apr. term, 1850); John Shibley v. Adam Funk et al. (Apr. term, 1851); Joseph F. Haines v. John Jones and William Gaither (Sept. term, 1852); Pearly Brown v. John P. Singleton (Spring term, 1852); Benjamin Seaman v. Peter Duffy (Oct. term, 1855)—all in the files of the Lincoln Legal Papers.
148 “for the job”: CW, 2:332–333. See the excellent statement on Lincoln’s fees in Duff, A Lincoln, pp. 224–228.
149 “some other occupation”: CW, 10:20.
149 at one sitting: A recent discovery, this elaborate document is in the files of the Lincoln Legal Papers.
149 “in a ditch”: Herndon’s Lincoln, 2:334.
150 “must be wrong”: Ibid.
150 the stenographic transcript: The recently discovered manuscript trial transcript of People of Illin
ois v. Peachy Quinn Harrison (Sangamon County Circuit Court, 1859) is in the Illinois State Historical Library. I have used a typed transcription of this document through the courtesy of the Lincoln Legal Papers. For astute commentary on this trial, see an unpublished paper by Cullom Davis, “Crucible of Statesmanship: The Law Practice of Abraham Lincoln” (Springfield, Ill: 1989).
150 “I forgive Quinn”: People v. Peachy Quinn Harrison (Sangamon County Circuit Court, 1859), p. 72.
150 “of such law”: Ibid., p. 68.
150 held as contempt: WHH to Jesse W. Weik, Nov. 20, 1885, HWC.
150 “and defies deceit”: “Cog,” in Danville Illinois Citizen, May 29, 1850, photostat, David Davis MSS, Chicago Historical Society.
151 credibility was demolished: The fullest account of this celebrated trial is Duff, A. Lincoln, pp. 350–359. So successful, and unexpected, was Lincoln’s demolition of Allen’s testimony that a story later gained circulation that Lincoln played a trick on the jury by reading from an 1856, rather than an 1857, almanac. The story was inherently improbable, because it was wholly out of character for Lincoln, who valued his reputation for integrity above all else, and it was vigorously denied by two members of the jury who examined the almanac during the trial—as did the judge and the prosecuting attorney. Astronomers have recently proved that there would have been no reason for Lincoln to substitute another almanac, since in 1857 at the time of the murder the moon was very low and near to setting. Donald W. Olson and Russell L. Doescher, “Lincoln and the Almanac Trial,” Sky and Telescope 80 (Aug. 1990): 184–188.
151 “find his superior”: “Cog,” in Danville Illinois Citizen, May 29, 1850, photostat, David Davis MSS, Chicago Historical Society.
151 Armstrong was acquitted: J. Henry Shaw to WHH, Aug. 22, 1866, and Sept. 5, 1866, copies in Lamon MSS, HEH.
151 “upon the mind”: “Cog,” in Danville Illinois Citizen, May 29, 1850, photostat, David Davis MSS, Chicago Historical Society.
151 remained with the court: By one calculation Lincoln in 1850 spent 125 days on the circuit (not including Sangamon County), with 26 additional days, largely on legal business, in Chicago; he was in Springfield only 190 days. In 1852 he was away from home, attending to business or traveling from one court to another, 156 days and was in Springfield 210 days. Richard F. Lufkin, “Mr. Lincoln’s Light from Under a Bushel—1850,” LH 52 (Dec. 1950): 5, and Lufkin, “Mr. Lincoln’s Light from Under a Bushel—1852,” LH 54 (Winter 1952): 9.
152 estate of $12,000: Wayne C. Temple, “Lincoln in the Census,” LH 68 (Fall 1966): 139.
152 in failing health: Charles H. Coleman, Abraham Lincoln and Coles County, Illinois (New Brunswick, N.J.: Scarecrow Press, 1955), offers the fullest account of Thomas Lincoln’s later years and documents Lincoln’s repeated financial assistance to his father.
152 in modest comfort: Too much has been made of the failure to invite Thomas and Sarah Bush Lincoln to their son’s wedding. That ceremony was a hastily arranged, almost impromptu affair. Even the best man and the maid of honor were selected on the day of the wedding.
152 John D. Johnston: See Marilyn G. Ames, “Lincoln’s Stepbrother: John D. Johnston,” LH 82 (Spring 1980): 302–311.
152 for so long: This correspondence is most readily accessible in Coleman, Abraham Lincoln in Coles County, pp. 73–76. Thomas Lincoln’s letter—his only extant letter—was written for him by John D. Johnston, who added an appeal of his own for an additional $80. Lincoln refused, on the ground that his stepbrother had the “habit of uselessly wasting time.” “You are not lazy,” he wrote, “and still you are an idler.”
152 “to see you”: John D. Johnston to AL, May 25, 1849, Lincoln MSS, LC.
152 “truly Heart-Rendering” cries: Augustus H. Chapman to AL, May 24, 1849, Lincoln MSS, LC.
153 “in a Short time”: Augustus H. Chapman to AL, May 28, 1849, Lincoln MSS, LC.
153 with “baby-sickness”: CW, 2:96–97.
153 an uncomfortable decision: For Lincoln’s schedule during his father’s final days, see Lincoln Day by Day, 2:46–47. Charles B. Strozier, Lincoln’s Quest for Union: Public and Private Meanings (New York: Basic Books, 1982), pp. 53–55, shows that Lincoln’s excuses were not insurmountable.
153 “to join them”: CW, 2:96–97.
153 became seriously sick: Harry E. Pratt, “Little Eddie Lincoln—‘We Miss Him Very Much,’” JISHS 47 (Autumn 1954): 300–305.
153 no known cure: Wayne C. Temple, “Government Records as Historical Sources,” Illinois Libraries 52 (Feb. 1970): 169–170. For informed medical opinion, see Baker, Mary Todd Lincoln, pp. 125–126.
153 “him very much”: CW, 2:77.
154 “to our loss”: Mary Lincoln to “My Dear Friend,” July 23, 1853, photostat, ISHL.
154 “a womanly nature”: Randall, Mary Lincoln, p. 148.
154 was gradually changing: John W. Starr, Jr., Lincoln & the Railroads (New York: Arno Press, 1981), offers good general treatment of Lincoln’s railroad cases.
154 significant railroad case: This account of the Barret case is drawn from the admirable monograph by William D. Beard, “‘I Have Labored Hard to Find the Law’: Abraham Lincoln for the Alton and Sangamon Railroad,” Illinois Historical Journal 85 (Winter 1992): 209–222. A shorter commentary, together with pertinent documents, has been published as Barret v. Alton and Sangamon Railroad Company, Illinois Supreme Court, December Term 1851 (Springfield, Ill: Abraham Lincoln Association, 1989). This was not Lincoln’s first railroad case. In 1849 he had appeared on behalf of the plaintiff in John B. Watson v. Sangamon & Morgan Railroad (HWC, LC).
155 two minor cases: The first was Houser v. Illinois Central Railroad, McLean County Circuit Court, Apr. 15, 1853 (Lincoln Legal Papers). The second is discussed in Duff, A Lincoln, p. 210.
155 “got up in the State”: CW, 2:202.
155 “‘count me in’”: CW, 2:205. In 1854, James F. Joy, agent of the Illinois Central Railroad, urged the company to employ a lobbyist at Springfield for a retainer or salary of $1,000 a year, and he recommended an unnamed man who would be “a valuable ally and a dangerous opponent in any matter before the Legislature.” Pratt, Personal Finances, pp. 48–49. Some historians believe that Lincoln was the man retained. I think this is doubtful, because in correspondence subsequent to this date Lincoln repeatedly had to ask to be retained in cases involving the railroad.
156 for the Illinois Central: Albert A. Woldman, Lawyer Lincoln (Boston: Houghton Mifflin Co., 1936), pp. 165–169, offers a full account of this case.
156 and South Carolina: Lincoln’s brief is in Emanuel Hertz, Abraham Lincoln: A New Portrait (New York: Horace Liveright, 1931), 2:675–677, where, however, beginning with the third paragraph on p. 677, it is confused with Lincoln’s 1856 opinion on land titles in Beloit, Wisconsin. Cf. CW, 2:336–339.
156 “such a claim”: Herndon’s Lincoln, 2:352.
156 steamers over shoals: CW, 2:32–36. With the help of Walter Davis, a Springfield cabinetmaker, Lincoln built an elaborate model of this invention. Wayne C. Temple, Lincoln’s Connections with the Illinois & Michigan Canal, His Return from Congress in ’48, and His Invention (Springfield: Illinois Bell, 1986), pp. 35–36, 54–58.
157 “its territorial limits”: Register, Dec. 20, 1851.
157 “clear and uninterrupted”: Journal, Jan. 28, 1852.
157 “of the Northwest”: CW, 2:415.
157 for the railroad: See the excellent account in Duff, A Lincoln, chap. 20.
157 American legal thought: John P. Frank, Lincoln as a Lawyer (Urbana: University of Illinois Press, 1961), pp. 171–172.
157 “a case lawyer”: WHH, monograph on “Lincoln as Lawyer Politician and Statesman,” HWC.
158 his family life: Benjamin P. Thomas, “Lincoln and the Courts, 1854–1861,” Abraham Lincoln Association Papers, 1933 (Springfield, Ill.: Abraham Lincoln Association, 1934), pp. 59–62.
158 edge of hysteria: Randall, Mary Lincoln, pp. 118–120, offers a sympathetic ac
count.
158 “Bob and I”: WHH, interview with James Gourley, undated [1866], copy, Lamon MSS, HEH.
158 with her own: William Dodd Chenery, in Register, Feb. 27, 1938.
159 “laugh at her”: WHH, interview with James Gourley, [1866], copy, Lamon MSS, HEH.
159 grew in crooked: Ruth Painter Randall, Lincoln’s Sons (Boston: Little, Brown & Co., 1955), is an affectionate portrait of the Lincoln children.
159 “hot house plants”: WHH to Jesse W. Weik, Jan. 6, 1886, HWC.
159 “hen pecked”: Milton Hay to Mary Hay, Apr. 6, 1862, Stuart-Hay MSS, ISHL.
Lincoln Page 98