Page:The Green Bag (1889–1914), Volume 18.pdf/117

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

96

THE GREEN BAG

trained him for his great work as a states man. The author gives us also interesting pictures of the Bench and Bar in Indiana and in Illinois, which were in Lincoln's boyhood frontier states settled by honest, hardy men not given to form or ceremony. Lincoln's ancestry, he tells us, had little or no influence upon his legal career. He read much in his early life and attended regularly the sittings of the courts, where, no doubt, in listening to trials and arguments of the law yers, his ambition to become a lawyer was aroused in mentally matching his powers against them. In debating clubs and the country store he won a reputation as a dan gerous opponent in argument. At the time of the Black Hawk war he became acquainted with Major Stuart, his future partner, who encouraged his legal studies. He became a candidate for the leg islature, but was defeated, being elected, how ever, the four following years. For a time he was engaged in the grocery business, but as he spent his time in study it was not a success, and it was not long before he was doing odd jobs to earn his living. He received an appoint ment as postmaster, and later as deputysurveyor, the knowledge which he acquired of that subject standing him in good stead in his later law practice. In 1837, at the age of twenty-nine, Lin coln moved to Springfield, having been ad mitted to the Bar in the previous year, and was offered a partnership by Major Stuart, with whom he remained for four years, and as sociated with a remarkably talented company of men, among whom Lincoln early became a leader. As an attorney in the technical sense, Lin coln would never have distinguished himself. There was nothing methodical about him. But his mind was orderly and his thought passed to the vital point. There has been much misapprehension as to the nature of Lincoln's success. It did not lie in his goodcomradeship, but positive proof of his pro fessional recognition lies in the fact that he was singled out and offered a partnership by Stephen Logan, than whom no one's legal reputation is more secure. The influence of Logan upon Lincoln cannot be overestimated, for he laid the foundation of his legal career,

inciting him to careful and diligent prepara tion for his work, and overcoming his natural tendency to rely upon his wits. Lincoln was naturally independent, and out grew the guidance of his preceptor. He de termined to start out for himself the minute he felt strong enough, which occurred some time between November, 1843, and March, 1844. In starting out alone, though he be lieved in himself, he was neither adventurous nor sanguine, in fact, he was naturally despond ent, and all his life he fought this tendency with jest, joke, and story. He took as partner William Henry Herndon, for, being himself utterly unfitted for office drudgery, he needed a good clerical assistant in the drawing of pleadings and the minutke of procedure. This new firm met with fair success, for we find that in 1844-45 the senior partner ar gued no less than thirty-three appeals before the Supreme Court. At this time Lincoln became for the second time a candidate for the congressional nomination and was re turned by a large majority. At thirty-nine years of age, where the last issue leaves him, Lincoln's life had been event ful, his rise from absolute obscurity phenom enal, and his influence in his own state and party remarkable. The articles are to be continued. CONSTITUTIONAL LAW. " Eleventh Amendment to the Constitution," by George C. Lay, The Brief (V. vi, p. i). CONSTITUTIONAL LAW. " The Equal Protection of the Law," by Isaac Franklin Russell, The Brief (V. vi, p. 24). CONSTITUTIONAL LAW (Commerce, Cor porations). " Congress and the Regulation of Corporations " is the title of an instructive article by E. Parmalee Prentice in the Janu ary Harvard Law Review (V. xix, p. 168). Of the grant of power to regulate corpora tions he says that it was originally not re garded as of an absorbing nature. There was little opposition to the grant as it was re garded as a simple power to regulate trade. "Recently, however, the power seems wholly to have changed its character. The right to engage in foreign and interstate commerce, it is now said, is derived solely from the Federal government." It is said that Congress has