The special characteristics of Lincoln's practice at the bar are thus ably summed up: "He did not make a specialty of criminal cases, but was engaged frequently in them. He could not be called a great lawyer, measured by the extent of his acquirement of legal knowledge; he was not an encyclopædia of cases; but in the clear perception of legal principles, with natural capacity to apply them, he had great ability. He was not a case lawyer, but a lawyer who dealt in the deep philosophy of the law. He always knew the cases which might be quoted as absolute authority, but beyond that he contented himself in the application and discussion of general principles. In the trial of a case he moved cautiously. He never examined or cross-examined a witness to the detriment of his side. If the witness told the truth, he was safe from his attacks; but woe betide the unlucky and dishonest individual who suppressed the truth or colored it against Mr. Lincoln's side. His speeches to the jury were very effective specimens of forensic oratory. He talked the vocabulary of the people, and the jury understood every point he made and every thought he uttered. I never saw him when I thought he was trying to make an effort for the sake of mere display; but his imagination was simple and pure in the richest gems of true eloquence. He constructed short sentences of small words, and never wearied the minds of the jury by mazes of elaboration."
Chapter IX
At the death of Henry Clay, in June, 1852, Lincoln was invited to deliver a eulogy on Clay's life and character before the citizens of Springfield. He complied with the request on the 16th of July. The same season he made a speech before the Scott Club of Springfield, in reply to the addresses with which Douglas had opened his extended campaign of that summer, at Richmond, Virginia. Except on these two occasions, Lincoln took but little part in politics until the passage of the Nebraska Bill by Congress in 1854. The enactment of this measure impelled him to take a firmer stand upon the question of slavery than he had yet assumed. He had been opposed to the institution on grounds of sentiment since his boyhood; now he determined to fight it from principle. Mr. Herndon states that Lincoln really became an anti-slavery man in 1831, during his visit to New Orleans, where he was deeply affected by the horrors of the traffic in human beings. On one occasion he saw a slave, a beautiful mulatto girl, sold at auction. She was felt over, pinched, and trotted around to show bidders she was sound. Lincoln walked away from the scene with a feeling of deep abhorrence. He said to John Hanks, "If I ever get a chance to hit that institution, John, I'll hit it hard!" Again, in the summer of 1841, he was painfully impressed by a scene witnessed during his journey home from Kentucky, described in a letter written at the time to the sister of his friend Speed, in which he says: "A fine example was presented on board the boat for contemplating the effect of conditions upon human happiness. A man had purchased twelve negroes in different parts of Kentucky, and was taking them to a farm in the South. They were chained six and six together; a small iron clevis was around the left wrist of each, and this was fastened to the main chain by a shorter one, at a convenient distance from the others, so that the negroes were strung together like so many fish upon a trot-line. In this condition they were being separated forever from the scenes of their childhood, their friends, their fathers and mothers, brothers and sisters, and many of them from their wives and children, and going into perpetual slavery."
Judge Gillespie records a conversation which he had with Lincoln in 1850 on the slavery question, remarking by way of introduction that the subject of slavery was the only one on which he (Lincoln) was apt to become excited. "I recollect meeting him once at Shelbyville," says Judge Gillespie, "when he remarked that something must be done or slavery would overrun the whole country. He said there were about six hundred thousand non-slaveholding whites in Kentucky to about thirty-three thousand slaveholders; that in the convention then recently held it was expected that the delegates would represent these classes about in proportion to their respective numbers; but when the convention assembled, there was not a single representative of the non-slaveholding class; everyone was in the interest of the slaveholders; 'and,' said he, 'the thing is spreading like wildfire over the country. In a few years we will be ready to accept the institution in Illinois, and the whole country will adopt it.' I asked him to what he attributed the change that was going on in public opinion. He said he had recently put that question to a Kentuckian, who answered by saying, 'You might have any amount of land, money in your pocket, or bank-stock, and while travelling around nobody would be any wiser; but if you had a darkey trudging at your heels, everybody would see him and know that you owned a slave. It is the most ostentatious way of displaying property in the world; if a young man goes courting, the only inquiry is as to how many negroes he owns.' The love for slave property was swallowing up every other mercenary possession. Its ownership not only betokened the possession of wealth, but indicated the gentleman of leisure who scorned labor. These things Mr. Lincoln regarded as highly pernicious to the thoughtless and giddy young men who were too much inclined to look upon work as vulgar and ungentlemanly. He was much excited, and said with great earnestness that this spirit ought to be met, and if possible checked; that slavery was a great and crying injustice, an enormous national crime, and we could not expect to escape punishment for it. I asked him how he would proceed in his efforts to check the spread of slavery. He confessed he did not see his way clearly; but I think he made up his mind that from that time he would oppose slavery actively. I know that Lincoln always contended that no man had any right, other than what mere brute force gave him, to hold a slave. He used to say it was singular that the courts would hold that a man never lost his right to property that had been stolen from him, but that he instantly lost his right to himself if he was stolen. Lincoln always contended that the cheapest way of getting rid of slavery was for the nation to buy the slaves and set them free."
While in Congress, Lincoln had declared himself plainly as opposed to slavery; and in public speeches not less than private conversations he had not hesitated to express his convictions on the subject. In 1850 he said to Major Stuart: "The time will soon come when we must all be Democrats or Abolitionists. When that time comes, my mind is made up. The slavery question cannot be compromised." The hour had now struck in which Lincoln was to espouse with his whole heart and soul that cause for which finally he was to lay down his life. In the language of Mr. Arnold, "He had bided his time. He had waited until the harvest was ripe. With unerring sagacity he realized that the triumph of freedom was at hand. He entered upon the conflict with the deepest conviction that the perpetuity of the Republic required the extinction of slavery. So, adopting as his motto, 'A house divided against itself cannot stand,' he girded himself for the contest. The years from 1854 to 1860 were on his part years of constant, active, and unwearied effort. His position in the State of Illinois was central and commanding. He was now to become the recognized leader of the anti-slavery party in the Northwest, and in all the Valley of the Mississippi. Lincoln was a practical statesman, never attempting the impossible, but seeking to do the best thing practicable under existing circumstances. He knew that prohibition in the territories would result in no more slave states and no slave territory. And now, when the repeal of the Missouri Compromise shattered all parties into fragments, he came forward to build up the Free Soil party and threw into the conflict all his strength and vigor. The conviction of his duty was deep and sincere. Hence he pleaded the cause of liberty with an energy, ability, and power which rapidly gained for him a national reputation. Conscious of the greatness of his cause, inspired by a genuine love of liberty, animated and made strong by the moral sublimity of the conflict, he solemnly announced his determination to speak for freedom and against slavery until—in his own words—wherever the Federal Government has power, 'the sun shall shine, the rain shall fall, and the wind shall blow upon no man who goes forth to unrequited toil.'"
The absorbing political topic in 1855 was the contest in Kansas, which proved the battle-ground for the struggle over the introduction of slavery into the territories north of the line established by the "Missouri Compromise." Lincoln's views on the subject are defined