The Mexican War.

59

So Lincoln denounced the war, and yet voted the supplies an inconsistency creditable to his heart, but which involved him in trouble with his constituents. But he struck the Administration a severe blow in what was really his first speech before the whole House. President Polk having declared, in a Message, that "the Mexicans had invaded our territory, and shed the blood of our citizens on our own soil," Lincoln introduced what were called the famous "spot resolutions," in which the President was invited in a series of satirical yet serious questions to indicate the spot where this outrage had been committed.

Lincoln was very busy this year. The Whig

National Convention was to nominate a candidate for President on the 1st June, and he was to be one of its members. On July 27th, he delivered, in Congress, a speech as remarkable in some respects for solid sense and shrewdness as it was in others for eccentric drollery and scathing Western retorts. The second session, 1848-49, was quieter. At one time he proposed, as a substitute for a resolution that slavery be at once abolished by law in the district of Columbia, another, providing that the owners be paid for their slaves. If he did little in this session to attract attention, he made for himself a name, and was known as a powerful speaker and a rising man; but, after returning to Springfield,

though a Whig President had been elected, and his own reputation greatly increased, he was thrown out of political employment until the year 1854. He made great efforts to secure the office of Commissioner of the General Land Office, but failed. President Fillmore, it is true, offered him the Governorship of Oregon, but Mrs. Lincoln induced him to decline it.

In 1850, his friends wished to nominate him for Congress, but he positively refused the honour. It is thought that he wished to establish himself in his profession for the sake of a support for his family, or that he had entered into a secret understanding with other candidates for Congress, who were to nominally oppose each other, but in reality secure election in turn by excluding rivals. But it is most probable that he clearly foresaw at this time the tremendous struggle which was approaching between North and South, and wished to prepare himself for some great part in it. To engage in minor political battles and be defeated, as would probably be the case in his district, where his war-vote in Congress was still remembered to his disadvantage, would have

1 Lamon, p. 275, says there can be no doubt that Mr. Lincoln would have cheerfully made such a dishonourable and tricky agreement, but inclines to think he did not. It is very doubtful whether the compact, if it existed at all, was not made simply for the purpose of excluding the Democrats.

Legal Experiences.

61

seriously injured his future prospects of every kind. He said, in 1850, to his friend Stuart-"The time will come when we must all be Democrats or Abolitionists. When that time comes, my mind is made up. The slavery question can't be compro

mised."

Many interesting anecdotes of Lincoln's legal experiences at this time have been preserved. In his first case, at Springfield, he simply admitted that all laws and precedents were in favour of his opponent, and, having stated them in detail, left the decision to the Court. He would never take an unjust, or mean, or a purely litigious case. When retained with a colleague, named Swett, to defend a man accused of murder, Lincoln became convinced of his client's guilt, and said to his associate-"You must defend him-I cannot." Mr. Swett obtained an acquittal, but Lincoln would take no part of the large fee which was paid. On one occasion, however, when one of his own friends of boyhood, John Armstrong, was indicted for a very atrocious murder, Lincoln, moved by the tears and entreaties of the aged mother of the prisoner, consented to plead his cause. It having been testified that, when the man was murdered, the full moon was shining high in the heavens, Lincoln, producing an almanac, proved that, on the night in question, there was in fact no moon at all. Those who were associated with him for

years declare that they never knew a lawyer who was so moderate in his charges. Though he attained great reputation in his profession, the highest fee he ever received was 5,000 dollars. His strength lay entirely in shrewd common sense, in quickly mastering all the details of a case, and in ready eloquence or debate, for he had very little lawlearning, and was averse to making researches. But his rare genius for promptly penetrating all the difficulties of a legal or political problem, which aided him so much as President, enabled him to deal with juries in a masterly manner. On one occasion, when thirty-four witnesses swore to a fact on one side, and exactly as many on the other, Mr. Lincoln proposed a very practical test to the jury-"If you were going to bet on this case," he said, "on which side would you lay a picayune?" 1

Any poor person in distress for want of legal aid could always find a zealous friend in Lincoln. On one occasion, a poor old negro woman came to him and Mr. Herndon, complaining that her son had been imprisoned at New Orleans for simply going, in his ignorance, ashore, thereby breaking a disgraceful law which then existed, forbidding free men of colour from other states to enter Louisiana. Having been condemned to pay a fine, and being without

1 Holland, p. 82. A picayune is six cents, or 3d.

The Poor Slave.

63

money, the poor man was about to be sold for a slave. Messrs. Lincoln and Herndon, finding law of no avail, ransomed the prisoner out of their own pockets. In those days, a free-born native of a Northern state could, if of African descent, be seized and sold simply for setting foot on Southern soil.