Название | Abraham Lincoln |
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Автор произведения | William Eleroy Curtis |
Жанр | Языкознание |
Серия | |
Издательство | Языкознание |
Год выпуска | 0 |
isbn | 4064066235505 |
In those days, because of the scattering population and the absence of transportation facilities, it was customary for courts to travel in circuits, each circuit being presided over by a judge who went from one county-seat to another twice a year to hear whatever cases had accumulated upon the docket. Springfield was situated in the Eighth Judicial Circuit, which at that time was one hundred and fifty miles square, including fifteen counties comprising the central part of Illinois. As there were no railroads, the judge travelled on horseback or in a carriage, followed by a number of lawyers. The best-known lawyers had central offices at Springfield and branch offices at the different county-seats, where they were represented permanently by junior partners, who prepared their cases and attended to litigation of minor importance.
When the county-seat was reached the judge was given the best room at the hotel and presided at the dining-room table, surrounded by lawyers, jurors, witnesses, litigants, prisoners out on bail, and even the men who drove their teams. The hotels were primitive and limited, and, as the sitting of a court usually attracted all the idle men in the vicinity, the landlords were taxed to accommodate their guests, and packed them in as closely as possible; usually two in a bed and often as many as could find room on the floor. The townspeople made the semi-annual meeting of the court an occasion for social festivities, the judge being the guest of honor at dinners, receptions, quiltings, huskings, weddings, and other entertainments, while the lawyers ranked according to their social standing and accomplishments.
In some of the towns there was no court-house, and trials were held in a church or a school-house, and sometimes, when the weather was favorable, in the open air.
When there was no entertainment of an evening, the members of the bar and their clients who were not preparing for a trial on the morrow amused themselves by playing cards, telling stories, and discussing public affairs, so that all who "followed the circuit" became thoroughly acquainted and each was estimated according to his true value. Trials of general interest were attended by the entire cavalcade, but dull arguments and routine business attracted the attention of those only who were personally concerned. In the mean time the rest of the party would sit around the tavern or court-house yard, entertaining themselves and one another in the most agreeable manner, and naturally Mr. Lincoln's talents as a story-teller made him popular and his personal character made him beloved by every one with whom he came in contact. The meeting of the Supreme Court once a year at Springfield was the great event, next to the assembling of the Legislature, and served as a reunion of the ablest men in the State. These usually had causes to try or motions to submit, or if they had none would make some excuse for attending the gathering. The Supreme Court Library was their rendezvous, and Lincoln was the centre of attraction, even when he was a young man; when he became older his presence was regarded as necessary to a successful evening. His stories were as much a part of these annual gatherings as the decisions of the court, and after this custom became obsolete the older lawyers retained with an affectionate interest the memories of their association with him.
David Davis, afterwards Justice of the United States Supreme Court and a member of the United States Senate from Illinois, presided over the Eighth Circuit for many years while Lincoln was in practice, and was one of his most ardent admirers and devoted friends. It is said that he would not sit down at the table for dinner or supper until Lincoln was present. One day, during the trial of a cause, when Lincoln was the centre of a group in a distant corner of the court-room, exchanging whispered stories, Judge Davis rapped on the bench and, calling him by name, exclaimed—
"Mr. Lincoln, this must stop! There is no use in trying to carry on two courts; one of them will have to adjourn, and I think yours will have to be the one;" and as soon as the group scattered, Judge Davis called one of the group to the bench and asked him to repeat the stories Lincoln had been telling.
Books of reminiscences written by the men who lived in Illinois in those days are filled with anecdotes of him, and, even now, it is common in arguments before the courts in that part of the State to quote what Lincoln said or did under similar circumstances, and his opinions have the force of judicial decisions.
In his autobiography, Joseph Jefferson tells an interesting story of the experience of his father's theatrical company when it was travelling through Illinois in 1839. He was then a child of ten years. After playing at Chicago, Quincy, Peoria, and Pekin, the company went to Springfield, where the presence of the Legislature tempted the elder Jefferson and his company to remain throughout the season. There was no theatre, so they built one; it was scarcely completed before a religious revival turned the influence of the church people against their performances so effectually that a law was passed by the municipality imposing a license which was practically prohibitory. In the midst of their troubles, says Jefferson, a young lawyer called on the managers and offered, if they would place the matter in his hands, to have the license revoked, declaring that he only desired to see fair play, and would accept no fee whether he failed or succeeded. The young lawyer handled the case with tact, skill, and humor, in his argument tracing the history of the drama from the time when Thespis acted in a cart to the stage of to-day. He illustrated his speech with pointed anecdotes which kept the City Council in a roar of laughter. "This good-humor prevailed," relates the famous actor, "and the exhibition tax was taken off." The young lawyer was Lincoln.
Many of the reminiscences relate to Lincoln's skill at cross-examination, in which, it is asserted, he had no equal at the Illinois bar. Judge Davis declared that he had the rare gift of compelling a witness, either friendly or unfriendly, to tell the whole truth, and seldom resorted to the browbeating tactics so often used by attorneys. He never irritated a witness, but treated him so kindly and courteously as to disarm him of any hostile intention.
He never used a word which the dullest juryman could not understand. A lawyer quoting a legal maxim one day in court, turned to Lincoln and said, "That is so, is it not, Mr. Lincoln?"
"If that's Latin," Lincoln replied, "you had better call another witness."
Mr. T. W. S. Kidd says that he once heard a lawyer opposed to Lincoln trying to convince a jury that precedent was superior to law, and that custom made things legal in all cases. When Lincoln rose to answer, he told the jury he would argue his case in the same way. Said he, "Old Squire Bagly, from Menard, came into my office and said, 'Lincoln, I want your advice as a lawyer. Has a man what's been elected justice of the peace a right to issue a marriage license?' I told him he had not; when the old squire threw himself back in his chair very indignantly, and said, 'Lincoln, I thought you was a lawyer. Now, Bob Thomas and me had a bet on this thing, and we agreed to let you decide; but if this is your opinion I don't want it, for I know a thunderin' sight better, for I have been squire now eight years and have done it all the time.'"
Lincoln always felt and frequently expressed a deep sense of gratitude to Judge Stephen T. Logan, his second partner, with whom he became associated in 1841. Judge Logan was the recognized head of his profession in the central part of the State, a man of high ideals, noble character, and excellent professional habits. Such example and instruction were of the greatest service in forming Lincoln's professional habits, because he was naturally careless in his methods, and at that period of his life was inclined to depend upon his wits rather than his knowledge and to indulge in emotional bursts of oratory rather than simple, convincing logic. He attributed his superior faculty in presenting a case to Judge Logan's instructions. Nor was he the only man who owed much of his success in life to this great preceptor. Four of Judge Logan's law students found their way to the United States Senate and three were Governors of States.
When Lincoln's