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having departed this life during the last vacation of said Court, and the members of the Bar of said Court, entertaining the highest veneration for his memory, a profound respect for his ability, great experience, and learning as a Judge, and cherishing for his many virtues, public and private, his earnest simplicity of character andunostentatious deportment, both in his public and private relations, the most lively and affectionate recollections, have

Resolved, That, as a manifestation of their deep sense of the loss which has been sustained in his death, they will wear the usual badge of mourning during the residue of the term.

Resolved, That the Chairman communicate to the family of the deceased a copy of these proceedings, with an assurance of our sincere condolence on account of their heavy bereavement.

Resolved, That the Hon. A. Williams, District Attorney of this Court, be requested in behalf of the meeting to present these proceedings to the Circuit Court, and respectfully to ask that they may be entered on the records.

E. N. POWELL, Sec'y. SAMUEL H. TREAT, Ch'n.

FRAGMENT: NOTES FOR LAW LECTURE, JULY 1, 1850.

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser-in fees, expenses, and waste of time. As a

VOL. II.-10.

peace-maker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee note—at least not before the consideration service is performed. It leads to negligence and dishonesty-negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.

TO JOHN D. JOHNSTON.

January 2, 1851.

DEAR JOHNSTON: Your request for eighty dollars I do not think it best to comply with now. At the various times when I have helped you a little you have said to me, "We can get along very well now"; but in a very short time I find you in the same difficulty again. Now, this can only happen by some defect in your conduct. What that defect is, I think I know. You are not lazy, and still you are an idler. I doubt whether, since I saw you, you have done a good whole day's work in any one day. You do not very much dislike to work, and still you do not work much merely because it does not seem

to you that you could get much for it. This habit

of uselessly wasting time is the whole difficulty; it is vastly important to you, and still more so to your children, that you should break the habit. It is more important to them, because they have longer to live, and can keep out of an idle habit before they are in it, easier than they can get out after they are in.

You are now in need of some money; and what I propose is, that you shall go to work, "tooth and nail," for somebody who will give you money for it. Let father and your boys take charge of your things at home, prepare for a crop, and make the crop, and you go to work for the best money wages, or in discharge of any debt you owe, that you can get; and, to secure you a fair reward for your labor, I now promise you, that for every dollar you will, between

this and the first of May, get for your own labor, either in money or as your own indebtedness, I will then give you one other dollar. By this, if you hire yourself at ten dollars a month, from me you will get ten more, making twenty dollars a month for your work. In this I do not mean you shall go off to St. Louis, or the lead mines, or the gold mines in California, but I mean for you to go at it for the best wages you can get close to home in Coles County. Now, if you will do this, you will be soon out of debt, and, what is better, you will have a habit that will keep you from getting in debt again. But, if I should now clear you out of debt, next year you would be just as deep in as ever. You say you would almost give your place in heaven for seventy or eighty dollars. Then you value your place in heaven very cheap, for I am sure you can, with the offer I make, get the seventy or eighty dollars for four or five months' work. You say if I will furnish you the money you will deed me the land, and, if you don't pay the money back, you will deliver possession. Nonsense! If you can't now live with the land, how will you then live without it? You have always been kind to me, and I do not mean to be unkind to you. On the contrary, if you will but follow my advice, you will find it worth more than eighty times eighty dollars to you.

Affectionately your brother,
A. LINCOLN.

C. HOYT, ESQ.

TO C. HOYT.

SPRINGFIELD, Jan. 11, 1851.

MY DEAR SIR:-Our case is decided against us. The decision was announced this morning. Very sorry, but there is no help. The history of the case since it came here is this. On Friday morning last, Mr. Joy filed his papers, and entered his motion for a mandamus, and urged me to take up the motion as soon as possible. I already had the points and authority sent me by you and by Mr. Goodrich, but had not studied them. I began preparing as fast as possible.

The evening of the same day I was again urged to take up the case. I refused on the ground that I was not ready, and on which plea I also got off over Saturday. But on Monday (the 14th) I had to go into it. We occupied the whole day, I using the large part. I made every point and used every authority sent me by yourself and by Mr. Goodrich; and in addition all the points I could think of and all the authorities I could find myself. When I closed the argument on my part, a large package was handed me, which proved to be the plat you sent me.

The court received it of me, but it was not different from the plat already on the record. I do not think I could ever have argued the case better than I did. I did nothing else, but prepare to argue and argue this case, from Friday morning till Monday evening. Very sorry for the result; but I do not think it could have been prevented.

Your friend, as ever,
A. LINCOLN.

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