Clark Memorandum INCOLN As a Child I Was Taught to Respect and Admire Our 16Th President, Yet I Really Did Not Comprehend Why He Was

REMEMBERING

Kelly L. Andersen · Illustrated by Elvis Swift

2 Clark Memorandum INCOLN As a child I was taught to respect and admire our 16th president, yet I really did not comprehend why he was

so great a man. I suspected it had something to do with the Gettysburg Address or, in general, that he had

been president during the Civil War. Yet beyond that vague feeling I really knew little about him. Not long

ago, while visiting a bookstore, I noticed a one-volume edition of Carl Sandburg’s monumental six-volume

epic biography of Lincoln1 and decided that although I could not afford the time to read six volumes, I most

certainly could read one. Besides, I reasoned, Sandberg was unquestionably an excellent writer and deserved

to be read, even if the study of Lincoln was inconsequential. · I was not disappointed in the

book. It not only inspired a great respect for Lincoln, but it also bathed me with desire to know more and

more about this most admired of all u.s. presidents. I soon returned to the bookstore and bought Lincoln

biographies written by William H. Herndon2 (Lincoln’s law partner for more than 16 years), by Ward Hill

Lamon3 (Lincoln’s law associate in Danville, Illinois, where Lincoln traveled on the Illinois Eighth Circuit),

and by Isaac N. Arnold4 (an attorney who practiced before the same bar as Lincoln and who served in

Congress during Lincoln’s administration).· After reading these well-written biographies,

I also read—for good measure—comprehensive biographies by Stephen B. Oates5 and David Herbert Donald.6

· These, written more recently, drew upon hundreds of sources not available to biographers who

lived during Lincoln’s lifetime or even Sandberg’s. All these books, added to my own two-volume set of Lincoln’s

writings and speeches, have given me a great appreciation for Lincoln the man as well as Lincoln the lawyer. THE AWYER To understand Lincoln’s greatness, it is ed as to whether or not the Union itself first necessary to visit the vast challenges should be preserved. One of the great that confronted him as president. By ironies of the Civil War, as noted in understanding the greatness of the last Michael Shaara’s classic novel The Killer four years of his life, it is then possible to Angels,7 was that the North was divided in work backward and understand how the fighting for the Union while the South was practice of law served to form his charac- united in fighting for disunion. ter and intellect. As the North suffered one humiliating Between the time of his election as presi- military defeat after another, many natural- dent and his taking the oath of office, a ly blamed Lincoln. Discontent exploded in handful of states had seceded from the 1864 when George McClellan, discharged Union, and many more were poised to do general of the Army of the Potomac, cam- so. The previous president, James Buchanan, paigned against Lincoln for president on a in sympathy with the South and in anticipa- platform to immediately end the war. tion of secession, had allowed many federal Smoldering antiwar embers flamed into a forts and arsenals to fall into the hands of roaring, antiwar movement, which dwarfed secessionists and had permitted the treasury anything witnessed in our generation dur- to be looted by them. Chief justice of the ing the Vietnam War. u.s. Supreme Court, Roger Taney, also well To understand just how bloody the known for his Southern bias, had strenuous- Civil War was—and how vibrant the anti- ly used his office to influence the interpreta- war movement became—it is necessary to tion of the Constitution to guarantee put some statistics in perspective. The Civil slavery. The now infamous Dred Scott deci- War, with its 600,000 dead, was the sion, holding that blacks were not people bloodiest war ever fought by American sol- but merely property, was the Supreme diers—bloodier, in fact, than all other Smoldering antiwar Court’s last word on the most divisive American wars combined. If fought today issue of the day. with our u.s. population approaching 300 Most of the great military talent of the million people, we would be appalled at anything witnessed nation was composed of men of the 600,000 casualties. But this war was fought South, including Robert E. Lee, a military at a time when the u.s. population—North genius said to be a talent worth the equiv- and South combined—was 30 million peo- alent of 50,000 infantry soldiers. (The aged ple, or just one-tenth its present size! If the and retiring General Winifred Scott told same war were fought today, it would take Lincoln this in early 1861. Not until six million casualties to affect a proportion- Ulysses S. Grant was appointed in early ate number of hearts and homes. 1864 would Lincoln have a commanding The Vietnam War—with its 50,000 casu- general who was not afraid of Lee.) alties, spread out over 10 years—drove On top of these problems, Lincoln had from office Lyndon Johnson (a “seasoned” to contend with unbelievably diverse opin- former congressman, senator, majority ions about how to deal with a civil war— whip, and vice president) under pressure and eventually about whether the war was that he could not endure. By contrast, even worth the unfathomable cost in Lincoln had no prior federal government blood and treasure. The rainbow of his experience, except for a two-year term in critics included “peace Democrats,” who Congress 12 years before he became presi- favored a restoration of the Union, with dent; yet he had to deal with far greater slavery guaranteed in all states and territo- complexities, far fewer resources, and far ries; “conservative Republicans,” who more casualties than Johnson. wanted the Union preserved but slavery The bloodiest single day of the Civil War undisturbed in the South; “liberal was the climax of the battle of Antietam, Republicans,” who wanted slavery prohib- fought in Maryland in September 1862, in ited in all new territories and states but which more than 25,000 soldiers fell (North were willing to have it gradually abolished and South combined, in about equal num- in the South; and, finally, “abolitionists,” bers). With the country then one-tenth its who wanted slavery abolished in all states present size, a comparable battle in our life- and territories but were sometimes divid- time would have 250,000 war dead in a

4 Clark Memorandum embers flamed into a roaring, antiwar movement, which dwarfed in our generation during the Vietnam War.

single day! When ﬁnally in 1864 Lincoln nize the South as an independent nation or It is to this enormously gifted man that turned command of all Northern armies allow a restoration of the Union with slav- I pay respect—not as a president but as the over to Ulysses S. Grant, battle casualties ery guaranteed. country lawyer he was before he became mounted at appalling rates—over 50,000 And yet Lincoln—with consummate president. Union casualties in the late spring and early political skill and inspired judgment— Lincoln’s legal career began September summer of 1864, or what would be 500,000 somehow managed to hold the fragile and 9, 1836, when at the age of 27 he was casualties today (more than all of the u.s. weary Union together and preserve a licensed to practice in the courts of Illinois. casualties in World War II) if measured in nation. Had he failed, the map of the con- In spite of having less than one year of for- proportion to our present population. With tinent upon which we live would be divid- mal education, he had realized the absolute such enormous costs, and as yet an uncer- ed not just between North and South, but need as a young adult to know grammar. tain outcome, came pressure upon Lincoln European interests likely also would have Accordingly, he had assiduously studied a to do something—anything—to end the war intervened to claim continental soil. Even grammar primer book until he knew the and bring peace to what Carl Sandburg the South—born with an acknowledgment accepted rules. He had acquired some inter- described as a “wailing humanity.” that any state could secede from a central est in the law as a youth while watching tri- By August 1864 Lincoln was so government—would likely have further als at the county courthouse, but he would despised as to appear unelectable to a sec- fractured. And, comparable to the United work as a rail-splitter, a store clerk, a sur- ond term. Even Republicans who had States coming to the aid of European veyor, a postmaster, a volunteer soldier, and nominated him for a second term only democracies in World Wars I and II, even a state representative before he would actu- months before were now openly asking him the face of the world map would likely ally practice law. to resign his candidacy and thus give way to have been dramatically altered. Little won- In one of these ventures—the store— someone who had a chance of being elected. der that General Grant, on learning of he and his partner failed miserably, partly Even formerly die-hard Unionists were now Lincoln’s reelection, said that the news was because of poor management and partly calling for peace, offering either to recog- “better than a battle won.” because the community of New Salem,

Clark Memorandum 5 6 Clark Memorandum where they lived, was dying economically. Illinois attracted townsfolk who attended widely within Illinois and eventually even The two men ended $1,100 in debt—a size- as a form of recreation. A great lawyer of into other states, campaigning for presi- able sum for the time. When Lincoln’s part- that day carried an aura much like the dential candidates and against the expan- ner died in 1835, Lincoln agreed to pay the super-athlete of today. The profession sion of slavery into new territories. Except entire debt alone, even though Illinois law attracted some of the brightest and best, for the years 1853 to early 1858, when he at that time may have absolved him of his not only for the intellectual and economic tells us he practiced law “more assiduous- partner’s share of the debt. rewards, but also for the sheer glamour ly” than at any time before, he always To understand just how monumental and prestige of being a prominent actor in maintained a very busy political calendar that debt was, it is necessary to understand the scenes of life. Courtrooms were excit- while simultaneously practicing law. the value of a dollar in 1835. The governor ing, even for spectators, and no doubt a Despite his relentless political involve- of Illinois earned $1,400 per year, and a nice public hanging buzzed with spectators ment, his law practice was a thriving one. In home could be bought for $1,100. Today praising or lamenting the attorney’s skill— addition to trying all manner of jury and some state governors might earn $140,000 a or lack of it—who had achieved—or failed bench trials in both law and equity, and reg- year, and a comfortable home can be to prevent—this death sentence. ularly riding the 400-mile circuit on horse- bought for $110,000. Though economists Ward Lamon Hill, who was 18 years back or in a buggy, he still managed to might point out many distinctions, in a younger than Lincoln but assisted him in argue 240 cases before the Illinois Supreme rough way the value of a dollar then was a many cases, wrote: Court. This is a daunting number of appel- hundred times what it is now. Lincoln’s late cases even for an attorney who prac- debt, therefore, would roughly equal My personal acquaintance with Mr. Lincoln tices a lifetime, does only appellate work, $110,000 today. dates back to the autumn of 1847. In that year and has no political commitments. owever, when Lincoln’s partner died in 1835, Lincoln agreed to pay the entire debt alone, even though Illinois law at that time may have absolved him of his partner’s share of the debt.

It took Lincoln years to pay this debt— . . . left my home in . . .Virginia, and settled at In a note written for a young man aspir- which he and his friends sometimes Danville, Vermillion County, Illinois. That ing to have a thriving law practice, Lincoln referred to as his “national debt.” Since he county and Sagamon, including Springfield, revealed how he was able to accomplish so devoted his earnings to paying it before he the new capital of the State, were embraced in much: rewarded himself, it would be eight years the Eighth Judicial Circuit, which at that after he passed the bar before he would early day consisted of fourteen counties. It was The leading rule for the lawyer, as for the own a home. The act of paying the debt, in then the custom of lawyers, like their brethren man, of every calling, is diligence. Leave combination with many other similar acts of England, “to ride the circuit.” By that cir- nothing for tomorrow, which can be done of uncompromising integrity, earned him cumstance the people came in contact with all today. Never let your correspondence fall the well-deserved nickname “Honest Abe.” the lawyers in the circuit, and were enabled to behind. Whatever piece of business you have During the years Lincoln was paying note their distinguishing traits. I soon learned in hand, before stopping, do all the labor per- this debt, he confided to a friend: “I made it that the man most celebrated, even in those taining to it which can then be done. When a point of honor and conscience in all pioneer days, for oddity, originality, wit, abil- you bring a common-law suit, if you have the things, to stick to my word, especially if ity, and eloquence in that region of the State facts for doing so, write the declaration at others had been induced to act on it.”8 was Abraham Lincoln.9 once. If a law point be involved, examine the The practice of law in Lincoln’s day books, and note the authority you rely on, was quite different than it is today. With Though Lincoln loved the practice of upon the declaration itself, where you are sure no theaters or movies or other cultural law and the powers of logic and reason it to find it when wanted. The same of defenses outlets in what was then considered the tested and required, he was also constantly and pleas. In business not likely to be liti- western United States, the courtrooms of involved in politics. He frequently traveled gated—ordinary collection cases, foreclosures,

Clark Memorandum 7 partitions, and the like,—make all examina- ripped the seat of his trousers in a return to the practice of law with tions of titles, and note them, and even draft wrestling match outside the courthouse. Herndon after he served as president. orders and decrees in advance. This course has His short coat did not cover his resulting The firm of Lincoln and Herndon con- a triple advantage; it avoids omissions and embarrassment. As he faced the jury—a stantly grew in the volume and quality of neglect, saves your labor, when once done; cheek exposed to the row of attorneys cases it handled. Herndon was himself a [and] performs the labor out of court when behind him—some of the attorneys, qui- colorful character. He was a wide reader, you have leisure, rather than in court, when etly chuckling, started a “subscription having probably the largest private you have not.10 paper” to buy Lamon a new pair of pan- library in Springfield, and he was a chatter- taloons, one of them noticing that he was box talker, enthusing about a vast array In time Lincoln would handle some of a “poor but worthy young man.” The of subjects and theories. On occasion the biggest cases of the day, including the various attorneys in the courtroom Lincoln would relax on the sofa in the rights of counties to tax railroads, and the behind Lamon added many humorous law office and ask Herndon for an competing rights of railroads and river- comments, but Lincoln topped them all update on his latest reading. boats. Yet his practice remained so diverse when he wrote, “I have nothing to con- According to witnesses, neither Lincoln that he would also try a murder case (just tribute to the end in view.” 15 nor Herndon was a tidy office keeper. One months before becoming president). On another occasion Lincoln and client even claimed to have seen seeds His first law partner, John Logan, said Lamon represented a conservator appointed sprouting in accumulated dust along the Lincoln was not a wide reader of the law to safeguard a fund of $10,000 ($1,000,000 edges of the walls of their somewhat dilap- but that he would “work hard and learn all in present currency). A “designing adven- idated second-story office. According to there was in a case he had in hand” and turer” (according to Lamon) sought to Herndon, Lincoln was not highly orga- that he was “useful in getting the good will remove the conservator so that he might nized or systematic. As Herndon analyzed of juries” by putting himself “at once on get at the fund. A contested hearing had Lincoln’s lack of system, Herndon began an equality with everybody.”11 His third been set and a protracted contest was to keep a binder wherein he noted the lat- and last law partner, William Herndon, expected. Anticipating a great fight, est cases of importance to the practice. He agrees that Lincoln was not a wide reader, Lamon had charged a fixed fee of $250 would then feed Lincoln the most germane Herndon claiming that no man “read less ($25,000 today). Unexpectedly, the case legal opinions pertaining to Lincoln’s and thought more” than Lincoln. was tried in less than 20 minutes and to appellate work. The partnership worked Isaac Arnold, who practiced in the same the complete satisfaction of the client, like magic, the younger Herndon adoring courts as Lincoln, observed that Lincoln’s who promptly and happily paid the full “Mr. Lincoln,” as he called him, and fees were “ridiculously small and that his fee. When Lincoln learned of the charge Lincoln appreciating his young partner, wants were few and simple.”12 Yet by sheer he insisted that Lamon refund the client whom he consistently referred to as volume of work he earned between $2,000 at least one-half the fee. Lamon protest- “Billy.” and $3,000 per year (between $200,000 and ed that the fee had been fixed in advance They equally divided their fees, and the $300,000 in today’s currency). and that the client was perfectly satis- accounting was simple: when Lincoln col- Arnold says that a stranger’s first im- fied. “That may be,” replied Lincoln, lected a fee he would divide the money pression of Lincoln was that of a “kind, “but I am not satisfied. This is positively and put Herndon’s share in an envelope, sincere and genuinely good man of perfect wrong. Go, call him back and return writing “Herndon’s half” on the outside, truthfulness and integrity. He was one of half the money at least, or I will not and Herndon would do likewise. Neither those men whom everybody liked at first receive one cent of it for my share.”16 ever had any occasion to suspect that any sight.” 13 Another time Lamon observed that fee was ever withheld from the other. Ward Hill Lamon, Lincoln’s “local part- Lincoln had won a railroad case. As the Almost every description I have read of ner” in Danville and later in Bloomington, judge was about to announce the dollar Lincoln’s success as a lawyer includes a records that amount of the judgment, Lincoln rose to comment about his great ability to get to say that the opposing side “had not the “nub” of a case and articulate it’s essen- whenever it was known that Lincoln was to proved all that was justly due to them in tial justice in language everyone could make a speech or argue a case, there was a offset” and then added that justice understand. He would readily give up general rush and a crowded house. It mattered required an offset against his client for a minor points in order to give greater little what subject he was discussing—Lincoln certain amount.17 Such acts no doubt emphasis to essential points. was subject enough for the people. It was helped confirm Lincoln’s reputation of Herndon tells us that Lincoln’s mind was Lincoln they wanted to hear and see; and his unfailing integrity. continually searching for the “first cause” of progress round the circuit was marked by a Lincoln’s first two partnerships were things. As an example, he says that after constantly recurring series of ovations.14 relatively brief (each being only a few Lincoln returned from a trip east, where he years), but his last partnership, with had seen Niagara Falls, he and Herndon Lamon provides an example of Lincoln’s William Herndon, lasted 16 years and were conversing in the office regarding its wit by recalling an occasion when Lamon was so amiable that Lincoln intended to beauty. Herndon writes:

8 Clark Memorandum I was endeavoring to entertain my partner with an account of my trip, and among other things described the Falls. In the attempt I indulged in a good deal of imagery. As I warmed up with the subject my descriptive powers expanded accordingly. The mad rush of water, the roar, the rapids, and the rainbow furnished me with an abundance of materials for a stirring and impressive picture. The rec- ollection of the gigantic and awe-inspiring scene stimulated my exuberant powers to the highest pitch. After well nigh exhausting myself in the effort I turned to Lincoln for his opinion. “What,” I inquired, “made the deep- est impression on you when you stood in the presence of the great natural Wonder?” I shall never forget his answer, because it in a very characteristic way illustrates how he looked at everything. “The thing that struck

me most forcibly when I saw the Falls,” he responded, “was where in the world did all that water come from?” He had no eye for the magniﬁcence and grandeur of the scene, for the rapids, the mist, the angry water, and the roar of the However great the verbal foliage whirlpool, but his mind, working in its accus- tomed channel, heedless of beauty or awe, fol- lowed irresistibly back to the ﬁrst cause. It was that concealed the nakedness of a in this light he viewed every question. However great the verbal foliage that concealed the nakedness of a good idea, Lincoln good idea, Lincoln stripped it stripped it all down till he could see the way between cause and effect. If there was any secret in his power this surely was it.18 all down till he could see the way

Although Lincoln’s fees were generally small (“the lawyers of the circuit often com- between cause and effect. plained that his fees were not at all com- mensurate with the service rendered”19), he

Clark Memorandum 9 could, on occasion, charge a whopping fee. Herndon concluded his description of Washburne of Cincinnati, Ohio. McCormick The best example was his work for the this affair by noting: “[M]uch as we depre- was represented by a Reverdy Johnson, one Illinois Central Railroad in a case common- cated the avarice of great corporations, we of the most renowned attorneys in the ly known as the McLean County Tax Case. both thanked the Lord for letting the United States. Lincoln looked forward to the The issue was whether a county could tax Illinois Central Railroad fall into our contest and the opportunity to go against the railroad. The railroad maintained that hands.”21 Johnson. Just before trial, and unknown only a state could levy such a tax. If Isaac N. Arnold, who often saw Lincoln beforehand to Lincoln, his client also hired McLean County won, other counties would in court, said: Edwin M. Stanton (later secretary of war in soon levy a similar tax. It was, according to the Lincoln administration), a nationally Lincoln’s pre-engagement letter, the largest Lincoln was, upon the whole, the strongest jury prominent attorney from Philadelphia. case then going in Illinois.20 lawyer in the state. He had the ability to per- Throughout the trial Stanton treated Lincoln charged a retainer of $200. ceive with almost intuitive quickness the deci- Lincoln rudely and with a great air of superi- Again, using the general rule that the value sive point in the case. In the examination and ority. Through an open door Lincoln heard of a dollar was a hundred times then what cross-examination of a witness he had no equal. Stanton inquire of another: “Where did that it is now, the $200 retainer would be the He could always make a jury laugh, and often long-armed creature come from, and what equivalent of $20,000 today. The case was weep, at his pleasure. His legal arguments can he expect to do in this case?”23 Though long and protracted, but Lincoln was ulti- addressed to the judges were always clear, vigor- Lincoln’s feelings were deeply hurt, he stayed mately successful in the case, saving the ous, and logical, seeking to convince rather by with the case but played only a minor role,

He was so straightforward, so direct, so candid, that every spectator was impressed with the idea that he was seeking only truth and justice.

railroad millions of dollars in taxes (hun- the application of principle than by the citation Stanton taking advantage of Lincoln’s gen- dreds of millions by today’s currency). of cases. A stranger going into court when he erosity in offering him a leading role. Lincoln Upon completion of the work, he billed was trying a cause would, after a few moments, was also disappointed in the judge of the case: the railroad $2,000 ($200,000 today) minus ﬁnd himself on Lincoln’s side, and wishing him “If you were to point your ﬁnger at him, and his $200 retainer. The railroad gasped at success. He seemed to magnetize everyone. He a darning needle at the same time, he never the fee: “This is as much as Daniel Webster was so straightforward, so direct, so candid, that would know which was the sharpest.”24 himself would have charged,” complained every spectator was impressed with the idea that One of Lincoln’s last jury trials involved railroad management, refusing to pay the he was seeking only truth and justice. He Duff Armstrong, the son of Hannah fee. excelled in the statement of his case. However Armstrong, who had befriended Lincoln Stung by the rebuke, Lincoln inquired complicated, he would disentangle it, and pre- when he was penniless and unknown. Duff of other attorneys whether or not they sent the real issue in so simple and clear a way was accused of murder, the state’s primary felt the fee was fair. The consensus was that all could understand. Indeed, his statement witness claiming that he could see Duff that he had charged too little for the often rendered argument unnecessary, and fre- commit the act “by the light of the moon.” incredibly valuable services he had per- quently the court would stop him and say: “If The high drama of the trial occurred when formed. The somewhat miffed and nor- that is the case, Brother Lincoln, we will hear Lincoln produced an almanac showing that mally inexpensive Lincoln had had the other side.” His illustrations were often on the night in question the moon had set enough and decided that under the cir- quaint and homely, but always apt and clear, three minutes before midnight, so that it cumstances the railroad should pay $5,000 and often decisive. He always met his oppo- could not have been “straight overhead” as ($500,000 today). He presented an amend- nent’s case fairly and squarely, and never inten- the witness claimed it was when the alleged ed bill and sued the railroad when it tionally misstated law or evidence.22 murder occurred. The witness was visibly refused to pay, calling upon six promi- overcome by apparent uncertainty, and his nent attorneys as expert witnesses. He As Lincoln’ reputation grew, so did the prolonged pause proclaimed volumes of rea- obtained a judgment for the full amount, quality and magnitude of his cases, especially sonable doubt. collected it, and—amazingly—continued in federal court. In 1857 he was hired to defend Lincoln produced most of what he wrote to represent the railroad in other matters a patent infringement suit brought by in longhand, even after becoming president. during and after the litigation. McCormick Manufacturing against a Manny His writings are distinctively Lincoln, such

10 Clark Memorandum that a paragraph written by him on a subject that had acted during the war. Thinking of coming to correct conclusions. His pres- not familiar to the reader could nevertheless through all the possible consequences that idential decisions proved dazzlingly deft be recognized by one familiar with the rest could flow from the exact wording of the and inspired. No doubt the experience of of Lincoln’s writings. His genius was in message, Lincoln eventually referred to his prairie years as a country lawyer served untangling and then expressing in simple “the gentlemen who have acted as the leg- him and his country well during the four language—often in single syllables—the most islature of Virginia,” later explaining— years of our nation’s most intense struggle complex ideas imaginable. Isaac N. Arnold when his letter was in fact misconstrued as to define itself. The eternal wisdom of his notes the following passage as representative he feared it would be—that he “did this on immortal words would also help “bind up of the whole of Lincoln’s writings: “Let us purpose to exclude the assumption that I the nation’s wounds” long after his death. have faith that right makes might, and in was recognizing them as a rightful body. I that faith let us to the end do our duty, as have dealt with them as men having power Notes we understand it.” Arnold notes that only de facto to do a specific thing.” 26 Would to two words in the whole sentence have more God that politicians of our day did as 1. Carl Sandburg, Abraham Lincoln, the Prairie Years 25 than one syllable. much thinking and had as much wisdom! and the War Years, One-Volume Edition, Harcourt Not only is his language beautiful and Lincoln had an uncanny memory for sto- Brace & Company, Copyright 1954. comprehensive, but his logic and reason- ries and the good judgment and skill to 2. William H. Herndon and Jesse W. Weik, ing—honed no doubt by his years of prac- weave a moral into them. He used stories, he Herndon’s Life of Lincoln, Da Capo Press, Inc., ticing law—are the admiration of any said, as “labor saving devices.” He maintained Copyright 1983. careful student of his writings. What he that a good story can bring home a point 3. Ward Hill Lamon, Recollections of Abraham wrote, however, was not always easily pro- more eloquently than pages of explanations. Lincoln 1847–1865, University of Nebraska Press, duced. Lamon notes that it took Lincoln On one occasion he told Lamon a Copyright 1994. five hours of “intense mental activity” to story that Lamon found so humorous 4. Isaac N. Arnold, The Life of Abraham Lincoln, compose the following paragraph: that his laughter disrupted the courtroom University of Nebraska Press, Copyright 1994. and Judge David Davis fined him $5 for 5. Stephen B. Oates, With Malice Toward None: A Life It has been intimated to me that the gentlemen contempt ($500 in today’s currency). At of Abraham Lincoln, Harper & Row, Copyright 1997. who have acted as the legislature of Virginia in the next recess Lamon paid the fine but, 6. David Herbert Donald, Lincoln, Simm & support of the rebellion may now desire to still laughing, told the judge the story was Schuster, Copyright 1995. assemble at Richmond and take measures to worth every cent, whereupon the judge, 7. Michael Shaara, The Killer Angels, David McKay withdraw the Virginia troops and other support in spite of himself, asked Lamon to repeat Company, Inc., Copyright 1974. from resistance to the general government. If the story. Unfortunately the story itself 8. Abraham Lincoln: Speeches and Writings, 1832– they attempt it, give them permission and pro- has not survived, perhaps because its 1858, The Library of America, 1989, at 38. tection until, if at all, they attempt some action humor lay largely in how Lincoln alone 9. Lamon, p. 14. hostile to the United States, in which case you could tell it. 10. Speeches and Writings 1832–1858, p. 298. will notify them, give them reasonable time to In reading Sandburg’s biography, which 11. Quoted in Herndon, p. 210. leave, and at the end of which time arrest any contains hundreds upon hundreds of 12. Arnold, p. 82 who remain. Allow Judge Campbell to see this, Lincoln’s stories in the context of the situ- 13. Arnold, p. 83 but do not make it public. ation Lincoln told them, I wondered how 14. Lamon, p. 16 anyone could possibly remember so many 15. Lamon, p. 18 Lincoln weighed, balanced, and intense- apt tales and know precisely when to use 16. Lamon, p. 18 ly thought through the likely effect as well them. Soon his stories became legendary, 17. Lamon, p. 20 as endless other possible side effects of and many have been repeated by genera- 18. Herndon, p. 238–9. each word. At issue was a deep legal ques- tions of school children for more than a 19. Lamon, p. 17. tion that four bloody years of war had still hundred years. 20. Speeches and Writings 1832–1858, p. 298. not settled—whether the elected represen- During the intensely satisfying quiet 21. Herndon, p. 284. tatives of a state in rebellion against the moments I have spent studying Lincoln’s 22. Arnold, p. 84. national government had authority to life and words, I have been most impressed 23. Herndon, p. 287. legally act for and on behalf of the state. by his ability to think so clearly and write 24. Herndon, p. 287. Had Lincoln recognized the right of the so well. In an age where modern presidents 25. Arnold, p. 343. legislature to withdraw the Virginia have speech writers, letter writers, and 26. Lamon, p. 310. troops, he would also have admitted their note-takers and are fed canned briefs by legality to act in other matters, thus doom- subordinates who have done the thinking ing an attempt to reconstruct governments for them, I am not surprised that our Kelly L. Andersen ’79 ([email protected]) prac- in rebellious states. On the other hand, nation has not produced another Lincoln. tices in Medford, Oregon, primarily handling plain- Southern troops would not recognize the He seemed to know that the struggle to tiff’s personal injury, product liability, and wrongful authority of any but the state legislature clearly express an idea is an important part death claims.

Clark Memorandum 11