Image credit: mashuk/DigitalVisions January Read? Lincoln What By JUDGE HENRY JUDGE COHN S. By
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February 2021
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Connecticut Lawyer article article 1
27 What Did Lincoln Read?
Lincoln’s mother died when he was included Edward Gibbon’s Decline and quotation from Othello in an 1847 trial in nine. One year later, his father remar- Fall of the Roman Empire. Lincoln admired Tazwell County, IL. ried, and his stepmother, Sarah, brought Henry Clay; he read multiple volumes of some books with her to Indiana. Several his speeches. Lincoln purchased a copy of Homer’s works were also a Lincoln fa- of the book of Lincoln’s youth have been his friend Theodore Parker’s speeches in vorite. He checked out a book of Homer’s identified.2 1858. A subsequent pamphlet by Parker writings from the Library of Congress in led to the famous phrase in the Gettys- 1864, but he had also read The Iliad and The 1. He constantly read the family Bible. burg Address: “government of the people, Odyssey in other versions for many years. Lincoln became quite familiar with by the people, for the people.” In 1860, according to Julius A. Royce, Lin- its text and quoted from it frequent- coln told Royce’s father-in-law that he ly as an adult. A famous example is Lincoln used Daniel Webster’s “Reply to should read Homer: “He has a grip and Lincoln’s quoting of Psalm 19:9 in his Hayne” in writing his famous “House he knows how to tell a story.”8 second inaugural address.3 Divided” speech at the Republican State Convention of 1858. Lincoln relied on Lincoln liked Edgar Allan Poe’s short sto- 2. He learned elementary spelling and Jonathan Elliott’s Journal and Debate of ries, especially his detective stories. Wil- rhetoric from Thomas Dilworth’s New Guide to the English Tongue, Noah Web- ster’s American Speller, and William Scott’s Lessons in Elocution, one of the books that Sarah Lincoln brought with her to her new home.4 When facing troubles, Lincoln would quote from 3. Lincoln enjoyed the mysteries of the Arabian Nights, the lessons of Aesop’s “Don Juan” by Lord Byron: “If I laugh at any mortal Fables, and the thrills of Robinson Crusoe. thing/ ‘Tis that I may not weep.” 4. Lincoln considered John Bunyan’s Pil- grim’s Progress a treasure, and, accord- the Federal Constitution to prepare his liam Dean Howells, in an 1860 campaign ing to Professor David James Hark- Cooper Union address, considered to be biography, noted that Lincoln appreciated ness, this religious allegory influenced the speech that led to his nomination for Poe’s “absolute and logical method.”9 In his second inaugural address.5 president in 1860.6 Lincoln also paid close 1846, Lincoln himself wrote a short story, 5. Lincoln read biographies of American attention to Henry Ward Beecher’s edi- published in a local newspaper, based on heroes, including Parson Weems’ The torials during the war years, exploding his successful defense in 1841 of a man ac- Life of Washington. sometimes over Beecher’s criticism of his cused of murder. Lincoln’s sole witness at administration.7 the trial had been a physician who testi- When Lincoln left his father’s farm at age fied that the so-called victim had suffered 21, he settled in New Salem, IL. As a shop- From New Salem through his presiden- some years before a traumatic brain injury keeper with few customers, he had time to cy, Lincoln made time for fiction, but not and was being treated for a renewal of the read. He purchased a copy of Blackstone’s to any great degree. He told one biogra- condition at the physician’s home. He was Commentaries on the Laws of England and pher that he never read a complete novel very much alive, and had not met with pored over it. He also read other legal in his life. foul play from the defendant. books, including Joseph Story’s Commen- Of course, as I indicated in last year’s taries on Equity Jurisprudence and James Professor Robert Bray rejects as lack- article, Lincoln relied on books like Kent’s Commentaries on American Law. ing adequate foundation the claim that Joe Miller’s Jests for his “little stories.” Lincoln read books by James Fenimore Among his more serious reading were As a lawyer in Springfield, IL, he also had Cooper or Sir Walter Scott. Lincoln’s law Shakespeare’s plays. Lincoln carried a time to read as he traveled through the partner William Herndon wrote that Lin- collection of the plays in his pocket while 8th Judicial Circuit. Much of his reading coln had begun Scott’s Ivanhoe, but did he was riding the circuit. was nonfiction. One book he carried was a not finish it. It is unlikely that Lincoln summary of Euclid’s Elements. Carl Sand- Which plays were his favorites? He read Harriet Beecher Stowe’s Uncle Tom’s berg relates that Lincoln read Euclid as he thought “nothing equaled” Macbeth, and Cabin, but he did skim her 1853 reference dropped off to sleep, intending to sharpen he enjoyed Hamlet. He owned a well-worn work, The Key to Uncle Tom’s Cabin. his reasoning skills. book of the plays that included Henry IV. Records show that he once attended the Lincoln loved poetry and enjoyed memo- Both as a lawyer and while president, Lin- play Merry Wives of Windsor. He used a rizing poems. His favorite poet was Rob- coln read political books and tracts. These ert Burns. Lincoln spoke to Robert Burns
28 Connecticut Lawyer | ctbar.org January | February 2021 What Did Lincoln Read? societies in Springfield in 1859 and in ture.” This phrase is found in both Hard is the trial of Mr. Pickwick for breach of Washington in 1865.10 Other than Burns, Times and David Copperfield.11 Lincoln also promise.13 Famously, the plaintiff’s barris- he frequently recited William Knox’s appreciated the wit of Mr. Micawber from ter, Sergeant Buzfuz, finds proof against “Mortality,” with its melancholy opening David Copperfield. A Dickens novel that Mr. Pickwick in a note that he left for the line: “Oh! Why should the spirit of mortal Lincoln may well have read more thor- plaintiff asking her to purchase “chops be proud?” When facing troubles, Lincoln oughly was his first, The Pickwick Papers, and tomata sauce.” would quote from “Don Juan” by Lord one of the most popular books of the Vic- Byron: “If I laugh at any mortal thing/ ‘Tis torian era.12 In 1864, Lincoln checked it out Perhaps Lincoln also read The Pickwick that I may not weep.” He was touched by from the Library of Congress. Papers because of Mr. Pickwick himself. Oliver Wendell Holmes’ “The Last Leaf,” Lincoln was a Whig at heart, believing in with its famous line: “The mossy marbles There were several reasons for Lincoln to the value of peacemaking, including re- rest/ On the lips that he has prest/ In have enjoyed The Pickwick Papers. First is solving legal disputes out-of-court.14 The their bloom.” the humorous Sam Weller, who was Mr. jovial and amiable Mr. Pickwick, always Pickwick’s valet, and whom a Lincoln looking for conciliation, was Lincoln’s What did Lincoln read by Charles Dick- acquaintance said amused Lincoln. Sam ideal person.15 n ens, the most popular author of the 19th Weller was the “Sancho Panza” of the book, century? Lincoln and Dickens lived ap- always ready with a story or proverb. Judge Henry S. Cohn is a judge trial referee of proximately the same years, Lincoln from the Connecticut Superior Court. 1809 to 1865 and Dickens from 1812 to The Pickwick Papers also reflects Dickens’ NOTES 1870. Lincoln once said, according to Pro- reminiscences of his years as a court ste- 1. See internet talk by Mazur, Imagine Solu- fessor Harkness, that he admired Dickens’ nographer in the “Doctor’s Commons,” a tions Conference, March 28, 2019. See also ability to capture “actual life.” court that dealt with family and probate D.J. Harkness, “Lincoln, the Reader,” re- matters. Lincoln would have loved Dick- printed in Congressional Record, March 3, Lincoln’s first inaugural address included ens’ portraits of bumbling judges and 1969 at page 5078. Harkness quotes Lincoln: the phrase “the better angels of our na- magistrates. One highlight of the book Continued on page 40
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January | February 2021 ctbar.org | Connecticut Lawyer 29 President’s Message Technology and Ethics DE&I Continued from page 5 Continued from page 21 Continued from page 31
6. Ju stice Gorsuch is the first to have served Connecticut Appellate Courts and the Second womenlawyersonguard.org/wp-content/ as a member of the Supreme Court along- Circuit Court of Appeals. Along with his appel- uploads/2020/07/Still-Broken-Full-Report. side a justice for whom he clerked. late work, he represents attorneys before grievance pdf; “First Phase Findings From a National 7. ww w.archives.gov/founding-docs/consti- panels and in public hearings before the Statewide Study of Lawyers With Disabilities and Lawyers Who Identify as LGBTQ+” (2020), tution-transcript Grievance Committee and also represents candi- www.americanbar.org/content/dam/ 8. Wi lliam H. Rehnquist, 2004 Year-End dates for bar admission before the Bar Examining aba/administrative/commission-dis- Report on the Federal Judiciary, January 1, Committee. ability-rights/bbi-survey-accessible.pdf; 2005, available at www.supremecourtus. International Bar Association,“Us Too? gov/publicinfo/ year-end/2004year-en- Michael Taylor is a partner at Horton, Dowd, Bullying and Sexual Harassment in the dreport.pdf. Bartschi & Levesque, P.C. He handles all aspects Legal Profession” (May 2019) www.ibanet. of appellate civil litigation in the Connecticut 9. ww w.supremecourt.gov/publicinfo/ org/bullying-and-sexual-harassment.aspx year-end/2007year-endreport.pdf Appellate and Supreme Courts, and in the Sec- 10. Lauren A. Rivera, András Tilcsik, “Class ond Circuit Court of Appeals. He also counsels 10. ww w.ctbar.org/about/diversity-equity-in- Advantage, Commitment Penalty: The clients and attorneys at the trial stage regarding clusion/pathways-to-legal-careers Gendered Effect of Social Class Signals in the identification and preservation of issues an Elite Labor Market,” American Sociologi- for appeal. cal Review, Vol. 81, No. 6 (2016) 11. Dr. Arin N. Reeves, Written in Black and White: Exploring Confirmation Bias in Racial- 8. Bray, p. 56. Lincoln ized Perceptions of Writing Skills (2014) nex- Continued from page 29 9. Poe had published “The Murders in the tions.com/wp-content/uploads/2017/05/ Rue Morgue” in 1841, and this story and written-in-black-and-white-yellow-paper- subsequent Poe works appealed to Lincoln. series.pdf “My best friend is the man who will get me 10. He would recite “A Man’s a Man for 12. You Can’t Change What You Can’t See: Inter- a book I have not read.” A’That” and “Auld Lang Syne.” rupting Racial and Gender Bias in the Legal 2. See Michael Burlingame, Abraham Lincoln: 11. See Burlingame, Vol. 2, p. 47, who assumes Profession (ABA, MCCA 2018) (Executive A Life, Volume 1, p. 36 (2008). that Lincoln relied on Dickens for the Summary) www.americanbar.org/content/ 3. “The judgments of the Lord are true and phrase. dam/aba/administrative/women/Updat- righteous altogether.” 12. Bray is not sure of how much Lincoln read ed%20Bias%20Interrupters.pdf 4. See Robert Bray’s comprehensive study, of The Pickwick Papers, but Harkness states 13. See e.g., Destiny Peery, Paulette Brown, and “What Abraham Lincoln Read,” Journal of that Lincoln read the book. Eileen Letts, Left Out and Left Behind: The the Abraham Lincoln Association, Volume 13. This was a “heart balm” suit that Con- Hurdles, Hassles, and Heartaches of Achieving 28, No. 2 (2007), and Bray’s Reading with necticut abolished in 1967. See General Long-Term Legal Careers for Women of Color Lincoln (2010). Statutes Sec. 52-572b. England followed (2020), www.americanbar.org/content/ 5. Harkness, supra note 1. the American trend by ending such suits dam/aba/administrative/women/ 6. Harold Holzer, Lincoln at Cooper Union: The in 1970. Gilbert and Sullivan’s Trial By Jury leftoutleftbehind-int-f-web-061020-003.pdf; Speech that Made Abraham Lincoln President also satirized a breach of promise action. Chung, et al. A Portrait of Asian Americans (2006). 14. See Mark E. Steiner, An Honest Calling in the Law, Yale Law School/National Asian Pacific American Bar Association (2017) 7. Professor Masur points out that Lincoln had (2006). A Portrait of Asian Americans in the Law little military experience, but, as president, 15. Mr. Pickwick became the central figure in (apaportraitproject.org) he read several treatises on warfare to the Broadway play Pickwick, with its hit improve his knowledge of tactics. song, “If I Ruled the World.”
Supreme Deliberations Continued from page 35 The motion to substitute was controlled unique to the parties, such as seeking an by Conn. Gen. Stat. § 52-599, which states, injunction for specific performance” and, solved because of Mr. Foisie’s death and with three exceptions, that a civil action in which case, substitution would not be by operation of Conn. Gen. Stat. § 46b-40 will not abate upon the death of one of appropriate. (a marriage is dissolved by “the death of the parties. The exception at issue in Foisie one of the parties”); and 3) if the marriage applied to any proceeding, “the purpose Within these contours, the Court had little was automatically dissolved based on the or object of which is defeated or rendered trouble concluding that Ms. Foisie’s mo- death of Mr. Foisie, the court could not useless by the death of any party.…” Get- tion to open sought only reconsideration then re-dissolve it based on the motion to ting to the meat of the matter, the Court of the financial orders and not reinsti- open. “That’s some catch.…” noted that it has permitted substitution tution of the marriage. And because the where the death of a party would have end result would involve only money, the The flaw in the trial court’s analysis was, “no effect on the continuing vitality of the action would not be “defeated” or “ren- according to the Court, in step number proceeding because the estate could fill dered useless” by the death of Mr. Foisie. one, because a motion to open a dissolu- the shoes of the decedent, such as when Thus, once the map became clear, the end tion judgment only for the limited pur- the pending civil case sought monetary result became obvious. n pose of reconsidering the financial orders damages.…” Contrast this to cases where does not reinstate the parties’ marriage. the action “sought specific relief that was
40 Connecticut Lawyer | ctbar.org January | February 2021