true he was; that he stands ever for what is right. one daring to disturb him so long as Abraham Lincoln is there. NOTES TO CHAPTER VI. (1) Joshua F. Speed, Lecture on Abraham Lincoln, p. 17. (2) Ibid., P. 18. (*) "Sangamon Journal,” June, 1836, quoted in "Herndon's Lincoln,” p. 166 (edition 1889). (*) W. H. Herndon, "Lincoln," p. 167 (edition 1889). (*) "Sangamon Journal.” (1) W. H. Herndon, "Lincoln," p. 195 (edition 1889). (1) Ibid., p. 196. THE 1839. CHAPTER VII. RIDING THE CIRCUIT. HE judicial districts of Illinois comprised several counties, in which the judge for the district held court, going from county to county; he was called "Circuit Judge." The leading lawyers in the district usually accompanied him to the different county seats-all on horseback. It was called "riding the circuit." The judge might be very grave and dignified when representing the majesty of the law in the court-room, but when mounted on his horse, with his law-books and an extra shirt in his saddle-bags, riding across the prairie, accompanied by a dozen or more jolly lawyers, his laugh was as loud as theirs. In the evenings judge and lawyer alike gathered in the bar-room of the tavern, and there was ever an admiring audience to listen to their stories. The coming of the Court was looked forward to by the people of the county as one of the most important events of the year. Abraham Lincoln was a young lawyer. He could not be called a leading member of the bar, for he had been only a few months with his partner when he began to ride the circuit. He had very few cases in court, but hoped that somebody would want to employ him at the different county seats. The census taken by the United States in 1840 showed that there were slaves in Illinois, although it was a free State. Settlers from Kentucky had brought them across the Ohio River. Unexpectedly a case came to Mr. Lincoln which greatly enlisted his sympathy and energy. Mr. Crowell sold his slave Nancy to Mr. Bailey, who, not having the money to pay for her, gave his note, which was not paid when due. Mr. Crowell did not want to lose his money, and brought suit in the Circuit Court. The judge decided that the note must be paid. An appeal was made to the Supreme Court. We do not know just how it came about, but possibly somebody had discovered that Abraham Lincoln was very kind-hearted, that he loved justice and right, and so employed him in behalf of the slave. He was thirty-two years old. He had not had many cases; possibly this was his first in the Supreme Court. The lawyer opposed to him was one of the ablest in IllinoisStephen T. Logan, who later became his law partner, and subsequently a judge. "May it please the Court," said Lincoln, in his argument, "the Ordinance of 1787, which prohibited slavery in the North-west Territory, would give Nancy her freedom. The Constitution of the State prohibits the holding of slaves. She cannot, therefore, be held as a slave; she cannot be sold as a slave. A note given for the sale of a slave in a free State can have no value. Neither Crowell nor Bailey can hold Nancy; she is entitled to her freedom, and Crowell is not entitled to the money which Bailey promised to pay." The argument was so plain that the Court decided in his favor. The decision put an end to the holding of slaves in Illinois. The court-house, when the court was in session, was an attractive place. It might not be much better than a barn, but it was where people reverenced the majesty of law; where the brightest men in the county might be seen and heard. The judge sat on a platform behind a desk, with the clerk in front of him upon a lower platform. The members of the bar usually were tipped back in chairs, with their feet on other chairs, chewing tobacco and spitting at a box filled with sawdust. Abraham Lincoln did not chew nor smoke tobacco. In presenting a case he often admitted so much that was favorable to his opponent, the lawyers were accustomed to say he had given himself away; but he believed one lost nothing by being fair. He was employed in a very interesting case. Two farmers went to law about a young colt. One brought thirty-four witnesses, who testified that they had known the colt from the day of its birth; that it belonged to him. Thirty other men swore they also had known it from its birth; that it belonged to the other man. There had been two colts, but one was missing. Everybody said they were so nearly alike in size and color it was not possible to say which was which. "Let the mares be brought into the case as witnesses," said the judge. He leaves the bench, and goes with all the lawyers and a great crowd of people to see and hear what the animals will say. The two mares are brought into the public square, and the colt let loose. It whinneys for its mother. There is an answering whinney from one of the mares, and the colt runs to her side and will not leave her. What ought the jury to do? Thirty-four men have testified on one side, and thirty on the other. They all say they have known the colt from its birth, and that they cannot be deceived. Shall the actions of the animals be accepted as evidence? "May it please your honor," said Lincoln, "I submit that the voice of Nature in the colt and its mother is of far more importance than the testimony of man. This is a case in which the argument is as to the weight of evidence. It is a civil suit, and we want to find out who owns the colt. It is a case in which the jury must decide according to the weight of evidence. Now, gentlemen of the jury, if you were going to bet as to which of the mares is the mother, on which would you risk your money-even if it was not more than a picayune? On which is the preponderance of evidence? Possibly you might not be right, but that is not the question. It is whether you will accept the testimony of thirty men and the silence of one of the mares on the one side, or the testimony of thirty-four men, the other mare, and the colt on the other side?" The case was so plain that the jury had no difficulty in deciding as to which farmer was the rightful owner of the colt. They decided just as they would have bet their money. Another case was that of a poor woman, nearly eighty years old, who came with a pitiful story. Her husband had been a soldier in the Revolutionary War, under Washington. He was dead, and she was entitled to a pension amounting to $400. A rascally fellow, pretending [From a photograph taken by the author, 1890. The town of Petersburg was surveyed by Mr. Lincoln and many of his legal arguments were made in this building.] great friendship for her, had obtained the money, but had put half of it into his own pocket. The poor woman was the only witness. The jury heard her story. Abraham Lincoln the while was making the following notes on a slip of paper: "No contract. "Not professional services. "Unreasonable charges. "Money retained by defendant not given to plaintiff. "Revolutionary War. "Describe Valley Forge. "Ice. Soldiers' bleeding feet. "Husband leaving home for the army. "Skin defendant." He rises and turns to the judge. Of the lawyers sitting around the table perhaps not one of them can say just what there is about him which hushes the room in an instant. "6 May it please your honor"-the words are spoken slowly, as if he were not quite ready to go on with what he has to say-" gentlemen of the jury: this is a very simple case -so simple that a child can understand it. You have heard that there has been no contract-no agreement by the parties. You will observe that there has been no professional service by contract." Slowly, clearly, one by one the points were taken up. Who was the man to whom the Government of the United States owed the money? He had been with Washington at Valley Forge, barefooted in midwinter, marching with bleeding feet, with only rags to protect him from the cold--starving for his country. The speaker's lips were tremulous, and his eyes filled with tears as he told how the soldiers of the Revolution marched amid the snows, shivered in the wintry winds, starved, fought, died that those who came after them might have a country. Judge, jurymen, lawyers, and the people who listen wipe the tears from their eyes as he tells the story of the soldier parting from friends, from the wife, then in the bloom and beauty of youth, but now friendless and alone, old and poor. The man who professed to be her friend had robbed her of what was her due. His spirit is greatly stirred. The jury right the wrong, and compel the fellow to hand over the money. And then the people see the lawyer who has won the case tenderly accompanying the grateful woman to the railroad station. He pays her bill at the hotel, her fare in the cars, and charges nothing for what he has done!(') A negro woman came to Mr. Lincoln with a pitiful story. She |