Read an Excerpt
CHAPTER 1
Lincoln the Law Student
This is a story about a man with a secret ready to be revealed. But first it is necessary to see what this man, President Abraham Lincoln, was made of. Some think that as a political leader he functioned as a dictator. But Lincoln scholar Emanuel Hertz points out that many of the toughest issues he faced were legal in nature:
The problems of Lincoln's presidency were for the most part legal problems and it is short of amazing that historians and biographers overlooked his wide assumption of power; his willingness to compensate slave holders; his interpretation of the Constitution as to the President's war powers. The legal features of the Civil War; the law of treason; the treatment of Confederate leaders; the power to suspend the writ of habeas corpus; military rule and arbitrary arrests; martial law and military commissions; the Indemnity Act of 1863 covering the question of liability of federal officers for wrong done in their official capacity during the Civil War; the regime of conquest in occupied districts of the South; legal and constitutional problems of conscription; the right of confiscation; restoration of confiscated property; emancipation; state and federal relations during the Civil War; the partition of Virginia and the creation of West Virginia — these were some of the major problems which Lincoln the lawyer was called upon to define, interpret and pass upon.
Friends from Illinois who knew Lincoln as a lawyer, such as Judge David Davis, former Lincoln law partner Stephen T. Logan, and fellow attorney Leonard Swett, were main backers who helped Lincoln obtain his third-ballot Republican presidential nomination in 1860. They believed in Lincoln's ability to meet the looming challenges, whether political or legal in nature.
In an 1895 Lincoln Day speech, William McKinley gave the following assessment of Lincoln's preparation for the presidency. (Note: we have throughout retained the original spelling and punctuation in our use of 19th-century materials.) But the best training he had for the Presidency, after all, was his twenty three years arduous experience as a lawyer travelling the circuit of the courts of his district and State. Here he met in forensic contests, and frequently defeated, some of the most powerful legal minds of the west. In the higher courts he won still greater distinction in the important cases committed to his charge.
* * *
Lincoln's journey to this lofty level started with the basics. His formal education, birth to death, totaled less than one year. In 1858, Lincoln borrowed George Washington's term "defective" to describe his own education. In a short 1859 autobiography Lincoln stated:
My father, at the death of his father, was but six years of age; and he grew up, litterally without education. He removed from Kentucky to what is now Spencer county, Indiana, in my eighth year. We reached our new home about the time the State came into the Union. It was a wild region, with many bears and other wild animals still in the woods. There I grew up. There were some schools, so called; but no qualification was ever required of a teacher, beyond "readin, writin, and cipherin," to the Rule of Three [a mechanical rule for solving proportions that emphasizes rote over understanding]. If a straggler supposed to understand latin, happened to sojourn in the neighborhood, he was looked upon as a wizzard. There was absolutely nothing to excite ambition for education. Of course when I came of age I did not know much. Still somehow, I could read, write, and cipher to the Rule of Three; but that was all. I have not been to school since. The little advance I now have upon this store of education, I have picked up from time to time under the pressure of necessity.
For an ordinary person, this backwoods (lack of) education would have been a serious impediment. But Lincoln refused to succumb to ignorance. He was a model for self-education. And that self-education, "picked up from time to time under the pressure of necessity," showed focus, vision, insight and pragmatism, and facilitated logical reasoning, communication, and conflict resolution. Several of these areas will be addressed separately below.
Close friend Joshua Speed reported that Lincoln considered himself a slow learner, but once he learned something, he did not forget. Study and experience taught Lincoln both how to think and how to do. What Lincoln learned was rather ordinary; how he learned it frequently was not. His selection and leveraging of his knowledge seems simple only because of its elegance. The result was stunning — including the improbability of someone with such a humble background achieving it. Humility was one secret of Lincoln's ability to learn and do.
Logical Reasoning
Joseph Gillespie, a fellow attorney and later an Illinois judge, wrote: "He did not seem to think that to be of much value which could not be proven or rather demonstrated His love of and capacity for analysis was wonderful He analysed every proposition with startling clearness and only discussed those branches of his case upon which it hinged leaving the others clear out of view."
While a student in a one-room school, Lincoln showed a keen mind for arithmetic, for several years keeping a sum book with results. In school, he was at the head of his class.
Lincoln moved to New Salem, Illinois, in 1831. In 1834, he became a surveyor there. He studied A System of Geometry and Trigonometry: Together with a Treatise on Surveying. From it he learned basic geometric definitions, rudimentary logic of geometric proofs, and trigonometry. His primary aim was to lay a practical foundation for surveying; but a critical mental path was forming.
At 40, after returning to Springfield from Congress, Lincoln began serious self-study of Euclid's first six books. His purpose was to improve his ability to make logical legal arguments, or "demonstrations." William Herndon, Lincoln's law partner, reported that Lincoln, while traveling on the Eighth Circuit, stayed up late after everyone else was in bed. Concentrating through the snoring, Lincoln studied and learned Euclid by candlelight. Henry Whitney wrote about Lincoln: "I once knew of his making a pupil of a hostler [horse caretaker] in his study of Euclid on the circuit. He did not, like Archimedes, run through the streets crying 'Eureka!' but he was so joyous at his geometrical lesson that he must share his happiness, even though he could find no better auditor than a stableman."
George Anastaplo observed in 2005 that a knowledge of geometric logic improves one's reasoning ability: "A proper study of geometry can help one grasp what it means not only to know something but also to be able to demonstrate (to share with others) what one has learned." (emphasis in original)
Oral Communication
Lincoln learned not only how to think but how to speak — well. Stephen A. Douglas was nicknamed the "Little Giant" for his short stature and great oratorical skills. Early in his career Douglas was regarded as "far and away the foremost orator in Illinois." Douglas described his education:
Upon removing to the State of New York in December, 1830, I became a student in the Academy in Canandaigua under the superintendence of Prof. Henry Howe, where I continued until the latter part of 1832. Whilst connected with the Academy at Canandaigua I devoted myself zealously to my studies, the Greek and Latin languages, mathematics, rhetoric, logic, &c., and made considerable improvement.
This was the Douglas whom Lincoln took on in the famous Lincoln-Douglas debates during the 1858 United States Senate campaign — and Lincoln held his own, gaining national recognition.
From early on Lincoln seized opportunities to practice and improve his speaking. A young Abraham in Indiana gave speeches to children. He mounted a stump, chair or box and told stories and anecdotes. In one instance, at age 15, he amused children by standing on a stump and repeating "almost word for word the sermon he had heard the Sunday before." In his late teens Lincoln attended circuit court to observe trials. He attended an 1828 murder trial in Boonville, Indiana. At the trial, Lincoln heard attorney John Brackenridge speak. After 1828, Brackenridge moved to Texas, and Lincoln did not see him again until 1862. In 1862 Brackenridge met President Lincoln in Washington; Lincoln immediately recognized Brackenridge. Lincoln told Brackenridge that he had made up his mind to be a lawyer after hearing Brackenridge's 1828 speech. Said Lincoln, "It was the best speech that I, up to that time, Ever heard. If I could, as I then thought make as good a speech as that, that my Soul would be satisfied."
Even before he was a member of the bar, Lincoln represented people in the court of Justice of the Peace Bowling Green. Jason Duncan, a New Salem Lincoln contemporary, reported:
As there were no Attorneys nearer than Springfield his [Lincoln's] services were sometimes sought in suits, at law. and he frequently consented to appear before Esq Bowling Greens' court, to argue cases. but never charged his clients any fees so far as I Knew, the only lawbook which Mr Lincoln had in his possession was the first Old revised code of Illinois. from this he drew all his legal knowledge, the manner in which he used to force his law arguments upon Esqr Bowling Green was both amuseing and instructive, so laconic often as to produce a spasmatic shaking of the verry fat sides of the old law functionary of New Salem — Bowling Green permitted him to speak at first more for amusement than any thing else. but in a short time was led to pay great respect to his powers of mind in a forensic point of view.
Lincoln ran for the Illinois General Assembly in 1832 and lost. He ran again in 1834, 1836, 1838 and 1840, winning four consecutive terms. Candidate Lincoln gave many speeches. His knack for the effective thrust is evident in this example, described at length by Joshua Speed:
In 1836 Mr Lincoln was a whig candidate for the Legislature in Sangamon County. At that time he resided in the lower part of the County near Petersburg — I was a merchant in Springfield had never seen him — but had heard of his power upon the stump from the young men in that part of the County — They were proud of him, and spoke of him in high terms of encomium — A short time before the election, he made a speech in Springfield, in the old Court house where the State house now stands — The crowd was large. His friends & admirers had Come in from the Country — I remember that his speech was a very able one, using with great power and originality all the arguments then used to sustain the principles of the Whig party, as against its great rival the Democratic party of that day — The speech produced a profound impression — The Crowd was with him — The Candidates in opposition and the party opposed to him felt it — Depression on one side & exultation on the other was evident — Mr George Forquer an old Citizen, a man of recognized prominence & ability as a lawyer was present — Forquer had been a whig — one of the Champions of the party — But had then recently joined the Democratic party and Almost simultaneous with his change — had been appointed Register of the land office — which office he then held — Just about that time Mr F had Completed a neat frame house — the best house then in the village of Springfield and upon it had erected a lightning rod — the only one in the place and the first one Mr Lincoln had evr observed — He afterwards told me that seeing Forquers lightning rod had led him to the study of the properties of electricity & the utility of the rod as a Conductor — At the Conclusion of Lincolns speech the Crowd was about dispersing when Forquer rose and asked to be heard — He commenced by saying that this young man would have to be taken down and was sorry that the task devolved upon him — He then proceeded to answer Linclns speech in a style which while it was able and fair — in his whole manner asserted & claimed superiority — Lincoln stood near him and watched him during the whole of his Speech — When Forquer Concluded he took the stand again — I have heard him often since — in Court and before the people — but never saw him appear so well as upon that occasion — He replied to Mr F with great dignity and force — But I shall never forget the conclusion of that speech — Turning to Mr F. he said that he had Commenced his speech by announcing that this young man would have to be taken down — Turning then to the Crowd he said it is for you, not for me to say whether I am up or down. The gentleman has alluded to my being a young man — I am older in years than I am in the tricks and trades of politicians — I desire to live — and I disire place and distinction as a politician — but I would rather die now than like the gentleman live to see the day that I would have to erect a lightning rod to protect a guilty Conscience from an offended God.
Conflict Resolution
One key to Lincoln's success was his approach to dealing with conflict and facilitating resolution. He observed conflict resolution as a spectator at Indiana circuit courts. In 1827, at age 18, Lincoln appeared in Justice Pate's Kentucky court where he was charged with operating an Ohio River ferry without a license. Justice Pate acquitted him while giving him a lesson in legal precision and legal logic. (See Chapter Eight for more detail.)
In his 20's, Lincoln worked in New Salem as a shopkeeper, postmaster, and surveyor. He developed a reputation as an honest and helpful person. As a surveyor he was called on to settle disputes. An anecdote Henry McHenry told about Lincoln as the arbiter of one boundary dispute in the New Salem area made clear Lincoln's competence as a surveyor and the respect in which he was held:
We — the neighbors — had a disputed Corner in Town 18 N. of 8 R west. We agreed to send for Lincoln & to abide by his decision as surveyor & judge: he came down with Compass — flag staff — Chain &c and stopped with me 3 or 4 days and surveyed the whole section. When the disputed corner arrived at by actual survey, Lincoln then stuck down his staff and said — "Gentlemen — here is the Corner." We then went to work and dug down in the ground — & found about 6 or 8 inches of the original stake, sharpened & cut with an axe and at the bottom a piece of charcoal, put there by Rector — who surveyed the whole County —. When the supposed Corner was struck and when Lincoln's survey was demonstrated by figures & well as Material Evidences — namely the original stake & charcoal, all parties without a jar were Completely satisfied & that corner stands there this day a monument of all mens titles in the whole section of the County round about. (emphasis in original)
When he reached the Illinois legislature Lincoln took a leading role as one of the "Long Nine," the members from Sangamon County who averaged more than six feet in height. The Long Nine fought and won a difficult battle within the legislature to move the state capital from Vandalia to Springfield. As a member of the Whig party, Lincoln focused on banking and internal improvements. Disagreements over these issues separated the Whigs and the Democrats; Lincoln was in the middle of these conflicts.
Lincoln spent up to six months each year traveling the Eighth Circuit. Lincoln was the leader in amusing his traveling compatriots. The camaraderie with judges and other attorneys built relationships that helped his political career.
Lincoln was elected to Congress in 1846 as the only Whig from Illinois. He sat in the last row of the U.S. House of Representatives. He gained notoriety by challenging President James K. Polk, a Democrat, regarding the Mexican War. Lincoln's famous "Spot Resolutions" and subsequent speech to the House of Representatives on January 12, 1848, challenged Polk to inform the House, "First: Whether the spot of soil on which the blood of our citizens was shed, as in his messages declared, was, or was not, within the territories of Spain, at least from the treaty of 1819 until the Mexican revolution," followed by seven additional queries.
(Continues…)
Excerpted from "Abraham Lincoln and the Structure of Reason"
by .
Copyright © 2010 David Hirsch and Dan Van Haften.
Excerpted by permission of Savas Beatie LLC.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
