<h2><SPAN name="IV" id="IV"></SPAN>IV</h2>
<br/>
<p><i>Law Practice—Rules for a Lawyer—Law
and Politics: Twin Occupations—The Springfield
Coterie—Friendly Help—Anne
Rutledge—Mary Owens</i></p>
<br/>
<br/>
<p>Lincoln's removal from New Salem to Springfield and his entrance
into a law partnership with Major John T. Stuart begin a
distinctively new period in his career, From this point we need not
trace in detail his progress in his new and this time deliberately
chosen vocation. The lawyer who works his way up in professional
merit from a five-dollar fee in a suit before a justice of the
peace to a five-thousand-dollar fee before the Supreme Court of his
State has a long and difficult path to climb. Mr. Lincoln climbed
this path for twenty-five years with industry, perseverance,
patience—above all, with that sense of moral responsibility
that always clearly traced the dividing line between his duty to
his client and his duty to society and truth. His unqualified
frankness of statement assured him the confidence of judge and jury
in every argument. His habit of fully admitting the weak points in
his case gained their close attention to its strong ones, and when
clients brought him bad cases, his uniform advice was not to begin
the suit. Among his miscellaneous writings there exist some
fragments of autograph notes, evidently intended for a little
lecture or talk to law students which set forth with brevity and
force his opinion of what a lawyer ought to be and do. He earnestly
commends diligence in study, and, next to diligence, promptness in
keeping up his work.<SPAN name="page50" id="page50"></SPAN></p>
<p>"As a general rule, never take your whole fee in advance," he
says, "nor any more than a small retainer. When fully paid
beforehand, you are more than a common mortal if you can feel the
same interest in the case as if something was still in prospect for
you as well as for your client." "Extemporaneous speaking should be
practised and cultivated. It is the lawyer's avenue to the public.
However able and faithful he may be in other respects, people are
slow to bring him business if he cannot make a speech. And yet,
there is not a more fatal error to young lawyers than relying too
much on speech-making. If any one, upon his rare powers of
speaking, shall claim an exemption from the drudgery of the law,
his case is a failure in advance. Discourage litigation. Persuade
your neighbors to compromise whenever you can. Point out to them
how the nominal winner is often a real loser—in fees,
expenses, and waste of time. As a peacemaker, the lawyer has a
superior opportunity of being a good man. There will still be
business enough. Never stir up litigation. A worse man can scarcely
be found than one who does this. Who can be more nearly a fiend
than he who habitually overhauls the register of deeds in search of
defects in titles, whereon to stir up strife and put money in his
pocket? A moral tone ought to be infused into the profession which
should drive such men out of it." "There is a vague popular belief
that lawyers are necessarily dishonest. I say vague because when we
consider to what extent confidence and honors are reposed in and
conferred upon lawyers by the people, it appears improbable that
their impression of dishonesty is very distinct and vivid. Yet the
impression is common—almost universal. Let no young man
choosing the law for a calling for a moment yield to the popular
belief. Resolve to be honest at all events; <SPAN name="page51" id="page51"></SPAN>and if, in
your own judgment, you cannot be an honest lawyer, resolve to be
honest without being a lawyer. Choose some other occupation, rather
than one in the choosing of which you do, in advance, consent to be
a knave."</p>
<p>While Lincoln thus became a lawyer, he did not cease to remain a
politician. In the early West, law and politics were parallel roads
to usefulness as well as distinction. Newspapers had not then
reached any considerable circulation. There existed neither fast
presses to print them, mail routes to carry them, nor subscribers
to read them. Since even the laws had to be newly framed for those
new communities, the lawyer became the inevitable political
instructor and guide as far as ability and fame extended. His
reputation as a lawyer was a twin of his influence as an orator,
whether through logic or eloquence. Local conditions fostered,
almost necessitated, this double pursuit. Westward emigration was
in its full tide, and population was pouring into the great State
of Illinois with ever accelerating rapidity. Settlements were
spreading, roads were being opened, towns laid out, the larger
counties divided and new ones organized, and the enthusiastic
visions of coming prosperity threw the State into that fever of
speculation which culminated in wholesale internal improvements on
borrowed capital and brought collapse, stagnation, and bankruptcy
in its inevitable train. As already said, these swift changes
required a plentiful supply of new laws, to frame which lawyers
were in a large proportion sent to the legislature every two years.
These same lawyers also filled the bar and recruited the bench of
the new State, and, as they followed the itinerant circuit courts
from county to county in their various sections, were called upon
in these summer wanderings to explain in public speeches
<SPAN name="page52" id="page52"></SPAN>
their legislative work of the winter. By a natural connection, this
also involved a discussion of national and party issues. It was
also during this period that party activity was stimulated by the
general adoption of the new system of party caucuses and party
conventions to which President Jackson had given the impulse.</p>
<p>In the American system of representative government, elections
not only occur with the regularity of clockwork, but pervade the
whole organism in every degree of its structure from top to
bottom—Federal, State, county, township, and school district.
In Illinois, even the State judiciary has at different times been
chosen by popular ballot. The function of the politician,
therefore, is one of continuous watchfulness and activity, and he
must have intimate knowledge of details if he would work out grand
results. Activity in politics also produces eager competition and
sharp rivalry. In 1839 the seat of government was definitely
transferred from Vandalia to Springfield, and there soon gathered
at the new State capital a group of young men whose varied ability
and future success in public service has rarely been
excelled—Douglas, Shields, Calhoun, Stuart, Logan, Baker,
Treat, Hardin, Trumbull, McClernand, Browning, McDougall, and
others.</p>
<p>His new surroundings greatly stimulated and reinforced Mr.
Lincoln's growing experience and spreading acquaintance, giving him
a larger share and wider influence in local and State politics. He
became a valued and sagacious adviser in party caucuses, and a
power in party conventions. Gradually, also, his gifts as an
attractive and persuasive campaign speaker were making themselves
felt and appreciated.</p>
<p>His removal, in April, 1837, from a village of twenty houses to
a "city" of about two thousand inhabitants placed him in striking
new relations and necessities as <SPAN name="page53" id="page53"></SPAN>to dress, manners, and
society, as well as politics; yet here again, as in the case of his
removal from his father's cabin to New Salem six years before,
peculiar conditions rendered the transition less abrupt than would
at first appear. Springfield, notwithstanding its greater
population and prospective dignity as the capital, was in many
respects no great improvement on New Salem. It had no public
buildings, its streets and sidewalks were unpaved, its stores, in
spite of all their flourish of advertisements, were staggering
under the hard times of 1837-39, and stagnation of business imposed
a rigid economy on all classes. If we may credit tradition, this
was one of the most serious crises of Lincoln's life. His intimate
friend, William Butler, related to the writer that, having attended
a session of the legislature at Vandalia, he and Lincoln returned
together at its close to Springfield by the usual mode of horseback
travel. At one of their stopping-places over night Lincoln, in one
of his gloomy moods, told Butler the story of the almost hopeless
prospects which lay immediately before him—that the session
was over, his salary all drawn, and his money all spent; that he
had no resources and no work; that he did not know where to turn to
earn even a week's board. Butler bade him be of good cheer, and,
without any formal proposition or agreement, took him and his
belongings to his own house and domesticated him there as a
permanent guest, with Lincoln's tacit compliance rather than any
definite consent. Later Lincoln shared a room and genial
companionship, which ripened into closest intimacy, in the store of
his friend Joshua F. Speed, all without charge or expense; and
these brotherly offerings helped the young lawyer over present
necessities which might otherwise have driven him to muscular
handiwork at weekly or monthly wages.<SPAN name="page54" id="page54"></SPAN></p>
<p>From this time onward, in daily conversation, in argument at the
bar, in political consultation and discussion, Lincoln's life
gradually broadened into contact with the leading professional
minds of the growing State of Illinois. The man who could not pay a
week's board bill was twice more elected to the legislature, was
invited to public banquets and toasted by name, became a popular
speaker, moved in the best society of the new capital, and made
what was considered a brilliant marriage.</p>
<p>Lincoln's stature and strength, his intelligence and
ambition—in short, all the elements which gave him popularity
among men in New Salem, rendered him equally attractive to the fair
sex of that village. On the other hand, his youth, his frank
sincerity, his longing for sympathy and encouragement, made him
peculiarly sensitive to the society and influence of women. Soon
after coming to New Salem he chanced much in the society of Miss
Anne Rutledge, a slender, blue-eyed blonde, nineteen years old,
moderately educated, beautiful according to local
standards—an altogether lovely, tender-hearted, universally
admired, and generally fascinating girl. From the personal
descriptions of her which tradition has preserved, the inference is
naturally drawn that her temperament and disposition were very much
akin to those of Mr. Lincoln himself. It is little wonder,
therefore, that he fell in love with her. But two years before she
had become engaged to a Mr. McNamar, who had gone to the East to
settle certain family affairs, and whose absence became so
unaccountably prolonged that Anne finally despaired of his return,
and in time betrothed herself to Lincoln. A year or so after this
event Anne Rutledge was taken sick and died—the neighbors
said of a broken heart, but the doctor called it brain fever, and
his science <SPAN name="page55" id="page55"></SPAN>was more likely to be correct than their
psychology. Whatever may have been the truth upon this point, the
incident threw Lincoln into profound grief, and a period of
melancholy so absorbing as to cause his friends apprehension for
his own health. Gradually, however, their studied and devoted
companionship won him back to cheerfulness, and his second affair
of the heart assumed altogether different characteristics, most of
which may be gathered from his own letters.</p>
<p>Two years before the death of Anne Rutledge, Mr. Lincoln had
seen and made the acquaintance of Miss Mary Owens, who had come to
visit her sister Mrs. Able, and had passed about four weeks in New
Salem, after which she returned to Kentucky. Three years later, and
perhaps a year after Miss Rutledge's death, Mrs. Able, before
starting for Kentucky, told Mr. Lincoln probably more in jest than
earnest, that she would bring her sister back with her on condition
that he would become her—Mrs. Able's—brother-in-law.
Lincoln, also probably more in jest than earnest, promptly agreed
to the proposition; for he remembered Mary Owens as a tall,
handsome, dark-haired girl, with fair skin and large blue eyes, who
in conversation could be intellectual and serious as well as jovial
and witty, who had a liberal education, and was considered
wealthy—one of those well-poised, steady characters who look
upon matrimony and life with practical views and social matronly
instincts.</p>
<p>The bantering offer was made and accepted in the autumn of 1836,
and in the following April Mr. Lincoln removed to Springfield.
Before this occurred, however, he was surprised to learn that Mary
Owens had actually returned with her sister from Kentucky, and felt
that the romantic jest had become a serious and practical question.
Their first interview dissipated <SPAN name="page56" id="page56"></SPAN>some of the illusions in which
each had indulged. The three years elapsed since they first met had
greatly changed her personal appearance. She had become stout; her
twenty-eight years (one year more than his) had somewhat hardened
the lines of her face. Both in figure and feature she presented a
disappointing contrast to the slim and not yet totally forgotten
Anne Rutledge.</p>
<p>On her part, it was more than likely that she did not find in
him all the attractions her sister had pictured. The speech and
manners of the Illinois frontier lacked much of the chivalric
attentions and flattering compliments to which the Kentucky beaux
were addicted. He was yet a diamond in the rough, and she would not
immediately decide till she could better understand his character
and prospects, so no formal engagement resulted.</p>
<p>In December, Lincoln went to his legislative duties at Vandalia,
and in the following April took up his permanent abode in
Springfield. Such a separation was not favorable to rapid
courtship, yet they had occasional interviews and exchanged
occasional letters. None of hers to him have been preserved, and
only three of his to her. From these it appears that they sometimes
discussed their affair in a cold, hypothetical way, even down to
problems of housekeeping, in the light of mere worldly prudence,
much as if they were guardians arranging a <i>mariage de
convenance</i>, rather than impulsive and ardent lovers wandering
in Arcady. Without Miss Owens's letters it is impossible to know
what she may have said to him, but in May, 1837, Lincoln wrote to
her:</p>
<p>"I am often thinking of what we said about your coming to live
at Springfield. I am afraid you would not be satisfied. There is a
great deal of flourishing <SPAN name="page57" id="page57"></SPAN>about in carriages here, which it would
be your doom to see without sharing it. You would have to be poor,
without the means of hiding your poverty. Do you believe you could
bear that patiently? Whatever woman may cast her lot with mine,
should any ever do so, it is my intention to do all in my power to
make her happy and contented; and there is nothing I can imagine
that would make me more unhappy than to fail in the effort. I know
I should be much happier with you than the way I am, provided I saw
no signs of discontent in you. What you have said to me may have
been in the way of jest, or I may have misunderstood it. If so,
then let it be forgotten; if otherwise, I much wish you would think
seriously before you decide. What I have said I will most
positively abide by, provided you wish it. My opinion is that you
had better not do it. You have not been accustomed to hardship, and
it may be more severe than you now imagine. I know you are capable
of thinking correctly on any subject, and if you deliberate
maturely upon this before you decide, then I am willing to abide
your decision."</p>
<p>Whether, after receiving this, she wrote him the "good long
letter" he asked for in the same epistle is not known. Apparently
they did not meet again until August, and the interview must have
been marked by reserve and coolness on both sides, which left each
more uncertain than before; for on the same day Lincoln again wrote
her, and, after saying that she might perhaps be mistaken in regard
to his real feelings toward her, continued thus:</p>
<p>"I want in all cases to do right, and most particularly so in
all cases with women. I want at this particular time, more than
anything else, to do right with you; and if I knew it would be
doing right, as I rather suspect it would, to let you alone, I
would do it. And <SPAN name="page58" id="page58"></SPAN>for the purpose of making the matter as
plain as possible, I now say that you can now drop the subject,
dismiss your thoughts (if you ever had any) from me forever, and
leave this letter unanswered, without calling forth one accusing
murmur from me. And I will even go further, and say that if it will
add anything to your comfort or peace of mind to do so, it is my
sincere wish that you should. Do not understand by this that I wish
to cut your acquaintance. I mean no such thing. What I do wish is
that our further acquaintance shall depend upon yourself. If such
further acquaintance would contribute nothing to your happiness, I
am sure it would not to mine. If you feel yourself in any degree
bound to me, I am now willing to release you, provided you wish it;
while, on the other hand, I am willing and even anxious to bind you
faster, if I can be convinced that it will in any considerable
degree add to your happiness. This, indeed, is the whole question
with me."</p>
<p>All that we know of the sequel is contained in a letter which
Lincoln wrote to his friend Mrs. Browning nearly a year later,
after Miss Owens had finally returned to Kentucky, in which,
without mentioning the lady's name, he gave a seriocomic
description of what might be called a courtship to escape
matrimony. He dwells on his disappointment at her changed
appearance, and continues:</p>
<p>"But what could I do? I had told her sister that I would take
her for better or for worse, and I made a point of honor and
conscience in all things to stick to my word, especially if others
had been induced to act on it, which in this case I had no doubt
they had; for I was now fairly convinced that no other man on earth
would have her, and hence the conclusion that they were bent on
holding me to my bargain. 'Well,'<SPAN name="page59" id="page59"></SPAN> thought I, 'I have said it,
and, be the consequences what they may, it shall not be my fault if
I fail to do it....' All this while, although I was fixed 'firm as
the surge-repelling rock' in my resolution, I found I was
continually repenting the rashness which had led me to make it.
Through life I have been in no bondage, either real or imaginary,
from the thraldom of which I so much desired to be free.... After I
had delayed the matter as long as I thought I could in honor do
(which, by the way, had brought me round into last fall), I
concluded I might as well bring it to a consummation without
further delay, and so I mustered my resolution and made the
proposal to her direct; but, shocking to relate, she answered, No.
At first I supposed she did it through an affectation of modesty,
which I thought but ill became her under the peculiar circumstances
of her case, but on my renewal of the charge I found she repelled
it with greater firmness than before. I tried it again and again,
but with the same success, or rather with the same want of success.
I finally was forced to give it up, at which I very unexpectedly
found myself mortified almost beyond endurance. I was mortified, it
seemed to me, in a hundred different ways. My vanity was deeply
wounded by the reflection that I had so long been too stupid to
discover her intentions, and at the same time never doubting that I
understood them perfectly; and also that she, whom I had taught
myself to believe nobody else would have, had actually rejected me
with all my fancied greatness. And, to cap the whole, I then for
the first time began to suspect that I was really a little in love
with her."</p>
<p>The serious side of this letter is undoubtedly genuine and
candid, while the somewhat over-exaggeration of the comic side
points as clearly that he had not fully <SPAN name="page60" id="page60"></SPAN>recovered
from the mental suffering he had undergone in the long conflict
between doubt and duty. From the beginning, the match-making zeal
of the sister had placed the parties in a false position, produced
embarrassment, and created distrust. A different beginning might
have resulted in a very different outcome, for Lincoln, while
objecting to her corpulency, acknowledges that in both feature and
intellect she was as attractive as any woman he had ever met; and
Miss Owens's letters, written after his death, state that her
principal objection lay in the fact that his training had been
different from hers, and that "Mr. Lincoln was deficient in those
little links which make up the chain of a woman's happiness." She
adds: "The last message I ever received from him was about a year
after we parted in Illinois. Mrs. Able visited Kentucky, and he
said to her in Springfield, 'Tell your sister that I think she was
a great fool because she did not stay here and marry me.'" She was
even then not quite clear in her own mind but that his words were
true.</p>
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