Presidents and the Law: Abraham Lincoln Country Lawyer
If you visit Springfield, Illinois, one of the stops for the Lincoln tourist is the Lincoln-Herndon Law Offices State Historic Site. This historic brick building is located at 6th and Adams Streets in Springfield, Illinois. The law office has been restored and is operated by the Illinois Historic Preservation Agency as a state historic site. It commemorates a significant time in the life of Abraham Lincoln, his career as a country (or prairie) lawyer.
Lincoln became a lawyer by means of an Illinois law that was enacted in 1833. For a man to be a lawyer, the applicant had to "obtain a certificate procured from the court of an Illinois county certifying to the applicant's good moral character." Lincoln applied to the Illinois Supreme Court to get his certificate. On September 9, 1836, he received his a license to practice law from two of the justices of the Illinois Supreme Court. Later, in a more formal session, on March 1, 1837, Lincoln appeared before the clerk of the Illinois Supreme Court and took an oath to support the Constitution of the United States and of Illinois. Lincoln swore he would "in all things faithfully execute the duties of Attorney and Counselor at Law." Lincoln was then formally enrolled as an attorney licensed to practice law in all the courts of the state of Illinois.
Lincoln had a number of law partners over the course of his career. Over the course of his career, his law partners were John T. Stuart, Stephen T. Logan and lastly William Herndon. Lincoln's offices with all of his partners were always located in Springfield.
Contemporaries have said that Lincoln's greatest asset as a lawyer was his ability to simplify cases. He was able to reduce even complex cases to a few key points. He narrowed down the issues in legal disputes and was said to have had a gift for brevity and clarity. Lincoln was best known for his oratory, and not for his legal research. It was also said that he had an uncanny ability to read juries and influence them with his persuasive arguments.
In an age long before specialization, Lincoln was a generalist as a lawyer. Lincoln represented all manner of clients from farmers arguing over cows all the way up to corporate railroad cases. Many of his cases were related to breach of contract and debt collection, which represented the majority of cases that were heard in the courts at that time. Interestingly, the Papers of Abraham Lincoln project maintains a database on Lincoln's law practice that currently contains 5,173 cases involving Lincoln and his partners.
Twice a year Lincoln left Springfield to travel the Eighth Judicial Circuit. The border of the circuit shifted from time to time, but it was mostly located in central Illinois and included as many as 14 counties. Along with a small group of attorneys and a judge, Lincoln traveled to the various county seats to try any case that was ready. The group would traveled from town to town by horseback and would spend from a few days to a week or more in each county seat trying cases. The group completed the 400-500 mile loop in about 11 weeks.
According to the database, Lincoln also argued several hundred cases before the Illinois Supreme Court, and he made his one and only appearance in the United States Supreme Court in 1849 in a case known as Lewis v. Lewis. The case was about the operation of the statute of limitations of Illinois and how it applied to a suit brought by a non-resident plaintiff. Lincoln argued on behalf of Thomas Lewis. The court decided against Lincoln and his client, and the majority opinion was rendered by Chief Justice Roger B. Taney. Justice John McLean wrote a long dissenting opinion in which he agreed with Lincoln's contentions.
Lincoln's fees were usually in the $5 to $20 range. His largest fee was $5,000, charged to the Illinois Central Railroad. The fee was charged in the McLean County Tax case, a case Lincoln won for the railroad. In that case, called Illinois Central Railroad v. McLean County, the railroad owned 118 acres of land in McLean County, Illinois, and the county assessor levied a tax of $428.57 on the railroad's property. The railroad argued that the Illinois General Assembly act incorporating the railroad exempted the railroad from taxes. The railroad hired Lincoln and sued McLean County for an injunction to stop the county from selling railroad land to pay taxes. The case was heard on appeal by the Illinois Supreme Court. Lincoln narrowed the issue to whether or not the county had a lawful right to tax the railroad property. The Illinois Supreme Court reversed the lower court's judgement and ruled that the legislature could exempt property from taxation, as it had done when the railroad was chartered. Lincoln had to sue the railroad to collect his money.
In 1861 when Lincoln was leaving Springfield to travel to the Washington, he pointed to the sign hanging from his law office which read "Lincoln and Herndon." Lincoln said to Herndon, "let it hang there undisturbed," adding that when he returned to Springfield after his term, the two would continue to practice law as before.
Lincoln wrote the following advice for the junior members of his profession:
"The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done. When you bring a common-law suit, if you have the facts for doing so, write the declaration at once. If a law point be involved, examine the books, and note the authority you rely on upon the declaration itself, where you are sure to find it when wanted. The same of defenses and pleas. In business not likely to be litigated,---ordinary collection cases, foreclosures, partitions, and the like,---make all examinations of titles, and note them, and even draft orders and decrees in advance. This course has a triple advantage; it avoids omissions and neglect, saves your labor when once done, performs the labor out of court when you have leisure, rather than in court when you have not. Extemporaneous speaking should be practiced and cultivated. It is the lawyer's avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.
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 peacemaker 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... A moral tone ought to be infused into the profession which should drive such men out of it."
A wonderful article about Lincoln's career as a lawyer, written for the Atlantic Magazine can be found online here. A recent book on the subject is Gary Fraker's 2012 work entitled Lincoln's Ladder to the Presidency: The Eighth Judicial Circuit.
Lincoln became a lawyer by means of an Illinois law that was enacted in 1833. For a man to be a lawyer, the applicant had to "obtain a certificate procured from the court of an Illinois county certifying to the applicant's good moral character." Lincoln applied to the Illinois Supreme Court to get his certificate. On September 9, 1836, he received his a license to practice law from two of the justices of the Illinois Supreme Court. Later, in a more formal session, on March 1, 1837, Lincoln appeared before the clerk of the Illinois Supreme Court and took an oath to support the Constitution of the United States and of Illinois. Lincoln swore he would "in all things faithfully execute the duties of Attorney and Counselor at Law." Lincoln was then formally enrolled as an attorney licensed to practice law in all the courts of the state of Illinois.
Lincoln had a number of law partners over the course of his career. Over the course of his career, his law partners were John T. Stuart, Stephen T. Logan and lastly William Herndon. Lincoln's offices with all of his partners were always located in Springfield.
Contemporaries have said that Lincoln's greatest asset as a lawyer was his ability to simplify cases. He was able to reduce even complex cases to a few key points. He narrowed down the issues in legal disputes and was said to have had a gift for brevity and clarity. Lincoln was best known for his oratory, and not for his legal research. It was also said that he had an uncanny ability to read juries and influence them with his persuasive arguments.
In an age long before specialization, Lincoln was a generalist as a lawyer. Lincoln represented all manner of clients from farmers arguing over cows all the way up to corporate railroad cases. Many of his cases were related to breach of contract and debt collection, which represented the majority of cases that were heard in the courts at that time. Interestingly, the Papers of Abraham Lincoln project maintains a database on Lincoln's law practice that currently contains 5,173 cases involving Lincoln and his partners.
Twice a year Lincoln left Springfield to travel the Eighth Judicial Circuit. The border of the circuit shifted from time to time, but it was mostly located in central Illinois and included as many as 14 counties. Along with a small group of attorneys and a judge, Lincoln traveled to the various county seats to try any case that was ready. The group would traveled from town to town by horseback and would spend from a few days to a week or more in each county seat trying cases. The group completed the 400-500 mile loop in about 11 weeks.
According to the database, Lincoln also argued several hundred cases before the Illinois Supreme Court, and he made his one and only appearance in the United States Supreme Court in 1849 in a case known as Lewis v. Lewis. The case was about the operation of the statute of limitations of Illinois and how it applied to a suit brought by a non-resident plaintiff. Lincoln argued on behalf of Thomas Lewis. The court decided against Lincoln and his client, and the majority opinion was rendered by Chief Justice Roger B. Taney. Justice John McLean wrote a long dissenting opinion in which he agreed with Lincoln's contentions.
Lincoln's fees were usually in the $5 to $20 range. His largest fee was $5,000, charged to the Illinois Central Railroad. The fee was charged in the McLean County Tax case, a case Lincoln won for the railroad. In that case, called Illinois Central Railroad v. McLean County, the railroad owned 118 acres of land in McLean County, Illinois, and the county assessor levied a tax of $428.57 on the railroad's property. The railroad argued that the Illinois General Assembly act incorporating the railroad exempted the railroad from taxes. The railroad hired Lincoln and sued McLean County for an injunction to stop the county from selling railroad land to pay taxes. The case was heard on appeal by the Illinois Supreme Court. Lincoln narrowed the issue to whether or not the county had a lawful right to tax the railroad property. The Illinois Supreme Court reversed the lower court's judgement and ruled that the legislature could exempt property from taxation, as it had done when the railroad was chartered. Lincoln had to sue the railroad to collect his money.
In 1861 when Lincoln was leaving Springfield to travel to the Washington, he pointed to the sign hanging from his law office which read "Lincoln and Herndon." Lincoln said to Herndon, "let it hang there undisturbed," adding that when he returned to Springfield after his term, the two would continue to practice law as before.
Lincoln wrote the following advice for the junior members of his profession:
"The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done. When you bring a common-law suit, if you have the facts for doing so, write the declaration at once. If a law point be involved, examine the books, and note the authority you rely on upon the declaration itself, where you are sure to find it when wanted. The same of defenses and pleas. In business not likely to be litigated,---ordinary collection cases, foreclosures, partitions, and the like,---make all examinations of titles, and note them, and even draft orders and decrees in advance. This course has a triple advantage; it avoids omissions and neglect, saves your labor when once done, performs the labor out of court when you have leisure, rather than in court when you have not. Extemporaneous speaking should be practiced and cultivated. It is the lawyer's avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.
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 peacemaker 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... A moral tone ought to be infused into the profession which should drive such men out of it."
A wonderful article about Lincoln's career as a lawyer, written for the Atlantic Magazine can be found online here. A recent book on the subject is Gary Fraker's 2012 work entitled Lincoln's Ladder to the Presidency: The Eighth Judicial Circuit.