to which, as junior counsel, he had no claim under the custom of the bar; that as the court would hear only two lawyers on a side, and as the review of the mechanical questions were specially confided to Mr. Harding, this arrangement deprived Mr. Lincoln, and to his disappointment, of the opportunity of speaking before a prominent court and a new and distinguished auditory. On the other hand, we are distinctly informed by one of the clients in that suit that Mr. Lincoln was the junior counsel, and Mr. Stanton and Mr. Harding had made so much longer and more elaborate preparation that the clients themselves determined their selection to make the arguments; that, therefore, Mr. Lincoln's displacement arose from no unfairness of any one, but simply from the fact that the court had limited the number of speeches."-Nicolay and Hay's Life of Lincoln, Vol. 5, p. 133-4.

[Mr. Lamon, in his Life of Lincoln (p. 322) and Herndon, in his Life of Lincoln (p. 355), both sustain the former theory. The former was a fellow-member of the bar where Lincoln practiced, and the latter his partner for many years. Mr. Herndon also says that upon this occasion Mr. Stanton described Lincoln as a “long, lank creature from Illinois, wearing a dirty linen duster of a coat, on the back of which the perspiration had splotched wide stains that resembled a map of the continent."]

[L. E. Chittenden, in the June, 1894, Green Bag, relates that the case was appealed to the United

States Supreme Court, and that both Stanton and Lincoln prepared briefs, and when Stanton read Lincoln's brief he tore his up and insisted upon Lincoln's arguing the case in that court, which he did, and won a great victory.]

Characteristics.

“He was a man of indomitable energy, devoted loyalty, and thorough honesty. Contractors could not manipulate him, and traitors could not deceive him. Impulsive, perhaps, but true; willful, it is possible, but placable; impatient, but persistent and efficient."-Holland's Life of Lincoln, p. 356.

"Haven't Much Influence With This Administration" --Lincoln and Stanton.

A quartermaster of a Massachusetts regiment had been caught gambling in one of the dens of Washington with the Government's money, and had been sentenced to five years' imprisonment in the Albany penitentiary. Senator Dawes received a numerously signed petition to the President, indorsed by a leading physician of his own town, asking for his pardon on the ground of failing health, and saying a speedy death awaited him unless released. Dawes went to Lincoln, who, upon carefully reading it, turned to Dawes and said: "Do you believe that statement?" "Certainly I do, Mr. President, or I should not have brought it to you." "Please say so here on the back

of it under these doctors." Dawes did so, and Lincoln remarked, "We can't permit that man to die in prison after that statement," and immediately wrote under it all, "Let this man be discharged. A. L." He handed the paper to Dawes and told him to take it to Stanton, but saw at once something in Dawes' looks which led him to believe the latter gentleman had already encountered some rough weather in that quarter. He took back the paper, and, smiling, remarked that he was going over there pretty soon and would take it himself. The next day Dawes met, on going to the House, two Michigan Representatives, of whom he inquired what they had been doing at the White House. They said they went there to get a poor Michigan soldier pardoned, sentenced to be shot for desertion, but that they could not do anything with the President. They said the President told them that he had gone to Stanton to get a man pardoned from the penitentiary, but Stanton wouldn't discharge him. "And he told me," said the President, "that it was a sham, and Dawes had got me to pardon the biggest rascal in the army, and that I had made gambling with the public funds perfectly safe. I couldn't get him to let the man off. The truth is, I have been doing so much of this thing lately that I have lost all influence with this administration and have got to stop." Dawes immediately went to the White House, hair on end, was greeted by the President in the mildest manner, and with a look betokening a knowledge of the Senator's errand. Lincoln's

face was always a title-page. The pardon had not gone out, and Mr. Dawes insisted upon its being sent by a messenger to Albany, who should find out the truth or falsity of Stanton's statement, and at his (Dawes) expense, if imposed upon. Lincoln replied: "If you believe it, I will. At any rate, I'll take the risk on the side of mercy." The pardon was sent. "And yet," says Senator Dawes, "subsequent events proved Stanton was the nearest right of the three, as upon my return to Massachusetts almost the first person I met was the 'dying' quartermaster, apparently as robust and healthy as the best of the people around him.”—Henry L. Dawes in Atlantic for February, 1894.

JOSEPH STORY, MASSACHUSETTS.

(1779-1845.)

"The Walter Scott of the Common Law." Thirty-four years Associate Justice of the United States Supreme Court. Born at Marblehead, Massachusetts, September 18, 1779; died at Cambridge September 10, 1845, aged sixty-six. Graduated at Harvard at nineteen. Read law with Samuel Sewall, afterward Chief Justice of Massachusetts; moved to Salem, 1801, when and where he was admitted at the age of twenty-two. Argued when thirty-one in the United States Supreme Court the great Georgia claim case, Fletcher v. Peck. At this age he edited a new edition of Chitty on Bills of Exchange and Promissory Notes, and Abbott on Shipping. In 1831 he declined the Chief Justiceship of Massachusetts, and succeeded Mr. Justice Cushing on the United States Supreme bench at thirty-two years of age, the youngest judge, except Justice Buller, of England, ever called to the highest station, in England or America.

To his vast professional labors even those of Coke and Eldon must yield in extent. His name was