Lincoln the lawyer: Skilled intellect, great orator, or both?

by Patrick Dahlen

Orndorff Scholarship winner Patrick Dahlen and his parents, Kimberly and Michael Dahlen, at the Governors Mansion. Photo by Daniel Buck

Abraham Lincoln practiced law before he became the sixteenth president of the United States of America. He was considered a successful lawyer. In fact, it is believed that he was the most experienced attorney to ever be elected President of the United States. Some attribute his success to his oratorical skills. Others believe his intellectual prowess was his strong point. A close examination of Lincoln, the lawyer, may reveal whether Lincoln was a skilled orator, legal intellectual, or both.

Lincoln was encouraged to study law in 1834, by Springfield, Illinois, attorney John T. Stuart. Lincoln had little formal education. Of his education, Lincoln said, "Of course when I came of age I did not know much. Still somehow, I could read, write, and cipher to the Rule of Three; but that was all." In reference to studying law, in Lincoln's day, there were very few law schools, so most lawyers just read law on their own before applying for a license. Today, the Illinois Supreme Court has set forth standards and requirements which must be met before one can become a licensed attorney. Every applicant seeking admission to the Illinois Bar today must show completion of high school and college work, and receive a degree in law from a law school approved by the American Bar Association. In addition, an applicant must be of good character and fitness.

On March 24, 1836, Lincoln's name was entered on Sangamon County's Court Record as a person of good moral character. On September 9, 1836, two years after Lincoln began his study of law, he received his license to practice law. On March 1, 1837, his name was placed on the roll of attorneys in the office of the clerk of the Supreme Court.

At this time, Lincoln was twenty-eight years old. After admission to the Illinois Bar, Lincoln became a law partner with John T. Stuart. This partnership lasted until the spring of 1841. At that time, Lincoln became the junior partner to Stephen I. Logan. That partnership lasted until 1844. In December of that year, William Herndon and Abraham Lincoln became partners and the Lincoln and Herndon law firm in Springfield, Illinois, was formed. Lincoln practiced law until 1861, when he became our sixteenth president. In 1858, a young man by the name of William Grigsby requested a position in the law firm of Lincoln and Herndon. Lincoln, in a letter dated August 3, 1858, responded to Grigsby telling him that Mr. Herndon controlled the hiring in the office. Lincoln did give Grigsby the following advice: "If you wish to be a lawyer, attach no consequence to the place you are in, or the person you are with; but get books, sit down anywhere and go to reading for yourself. That will make a lawyer of you quicker than any other way." The advice given to this young man is the way Lincoln learned the law. He borrowed law books from John Stuart and studied them. It is reported that Lincoln would walk about twenty miles from New Salem to Springfield for books. In terms of where one was learning or practicing law, it may not have mattered during Lincoln's time since lawyers practiced not in one area but throughout a circuit.

Editor's note: Patrick Dahlen, a senior at Carbondale Community High School, is the 2004 winner of the annual Verna Ross Orndorff Scholarship. Patrick's Essay, "Lincoln the lawyer: Skilled intellect, great orator, or both?' took top honors in this year's essay judging. On Friday, December 3, during the Illinois Symposium Banquet at the Governors Mansion, Patrick received a check from the Illinois State I Iistorical Society for $1,000, his scholarship prize for writing the year's best high school student essay about Abraham Lincoln or the Civil War.

Lincoln practiced law throughout the Old Eighth Judicial Circuit. This circuit was quite large - covering approximately 11,000 square miles. Lawyers, like Lincoln, were referred to as "circuit riders. They traveled the circuit because communities were too small to provide enough business to support their own lawyer. The cases they handled were varied. The editors of The Law Practice of Abraham Lincoln wrote, "[Lincoln and his partners] were general practitioners; they did not specialize in any one area of the law, and they represented all walks of society throughout all court jurisdictions. Lincoln was involved in cases dealing with debt collection, business partnerships,

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divorce, estate settlements, arson, burglan; murder, counterfeiting, real estate litigation, admiralty, and contract law. He could be referred to as a practicing criminal and civil attorney. He also represented both sides in different cases on the same issue. No matter what the case or who the client, Lincoln represented them to the best of his ability. According to Cullom Davis, director of the Lincoln Legal Papers Project, Lincoln placed "the imperative of insuring a fair trial above any personal ethical concerns."

Between 1853 and 1860, Lincoln handled several cases involving railroad companies. Those cases involved issues about property damage, right of way, stock subscriptions, fencing, and taxes. In the case of Barret v. Alton and Sangamon Railroad, a stock subscription case, Lincoln appeared before the Illinois Supreme Court. In its ruling, the Supreme Court relied on Lincoln's citations and reasoned "that unforeseen construction problems concerning a public improvement could not be fully known when the legislature granted the charter," thus, moving the railroad line could not be a reason for a stockholder to void his subscription agreement. Mr. Barret was ordered to pay the railroad the full amount of the subscription. Researching the law and citing precedent to the court won this case for Lincoln. Lincoln's law partner, Herndon, was reported in the Lincoln Legal Papers as stating that Lincoln never studied law books unless a case was on hand for consideration." In 1859, New York lawyer John Livingston, listed nearly every American and English treatise available at that time in a catalog. Lincoln made a note on this catalog, "Too deep for me." This suggests that Lincoln was not a legal intellect. However, in 1860, Lincoln advised John M. Brockman, that "The mode [to gain a thorough knowledge of the law] is very simple, though laborious, and tedious. It is only to get the books, and read, and study them carefully. Begin with Blackstone's Commentaries, and after reading it carefully through, say twice, take up Chitty's Pleadings, Greenleaf's Evidence, and Story's Equity, in succession. Work, work, work is the main thing."

Lincoln's intellect may be better examined in the case, Hurd v. Rock Island Railroad Company. This case involved a lawsuit filed by Hurd in federal court in Chicago to recover $50,000 after Hurd's boat crashed into a pier of a railroad bridge owned by the Rock Island Railroad Company. Hurd alleged in court that the bridge was a hazard to navigation. Lincoln knew that at that time boat owners did not want bridges in their waters, but he also understood that bridges were needed since railroads were to be responsible for the westward expansion of the United States. Jay Schultz reports that "Lincoln's closing argument was so persuasive that the jury was incapable of reaching a decision in favor of either side, so the judge dismissed the case." Schultz also stated that Lincoln had the foresight to visit where the accident happened, master the facts about the river, the bridge's construction, and how steamboats operated. In the Hurd case, Lincoln's evidence gathering and his oratory skills saved the railroad from liability.

One of Lincoln's most famous cases is the murder case of Duff Armstrong. The allegation on in the criminal action was that on the night of August 29, 1857, an intoxicated Armstrong murdered James Preston Metzker. Lincoln defended Armstrong at no cost. In this case, when a witness named Charles Allen testified that the moonlight helped him to see Armstrong commit the murder, Lincoln used an almanac and proved that the moon had not been shining brightly at the time on the night of the murder. This evidence impeached Allen's testimony and ultimately Lincoln won the case. The procedure of allowing the almanac to be used as evidence is called judicial notice today. During Lincoln's time, the use of an almanac was novel because the judicial system relied almost entirely on witness testimony. By using the almanac, Lincoln found a weakness in the case against Armstrong. William H. Herndon once said of Lincoln's mind, "[It] caught the substantial turning point of his case and he stript [sic] all cobwebs and collateral away, and stood up the substantial question fairly and honorably before his opponent - court & jury."

The gathering of facts and evidence would mean nothing in court without the ability to present it. Lincoln had a gift of language. John T. Richards stated that Lincoln's "gift of oratory came from an overriding and absolute belief in the truth of his Convictions." Lincoln's arguments were concise and to the point. Richards reports, "Lincoln was a master conveying a point using the fewest possible words." In order to convince a judge or jury, Lincoln had to be able to relate to people. He did this through storytelling. Lawyer Isaac Arnold stated, "[Lincoln's] illustrations were often quaint and homey, but always clear and apt, and generally conclusive.... His wit and humor, and inexhaustible stories of anecdote, always to the point added immensely to his power as a jury advocate." Many of his stories likely came from his vast experiences before he became a lawyer. These experiences included taking ox wagons from Indiana to Illinois, using a flatboat to take farm produce down the Mississippi River, serving in the Illinois militia, acting as a storekeeper and Postmaster, being a surveyor in Sangamon County, and being a legislator. All of these experiences would have provided Lincoln with real-life stories for arguing particular positions on the law and swaying a jury or judge to his side.

Lincoln's success as a lawyer cannot he attributed to either factor, oratory skills or legal intellect, alone. His intellect included his ability to work hard, gather facts, ask questions, and assimilate each fact's importance to the case in terms of the law. His success came from knowing the facts, weighing the evidence, and using his natural shrewdness in his presentation to a judge or jury. The delivery of these facts in trial and argumentation, through his oratorical skills, allowed him to be extremely persuasive in front of his audience. Lincoln was a skilled lawyer, possessing great mental capacity and being blessed with the gift of oration. These combined skills made him a successful lawyer and a lasting legacy in the legal community.

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