Lincoln: Lawyer and Statesman

A. Collins
Outside the legal profession, few people know what Lincoln the lawyer said about litigation: "Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough." Lincoln still had an active court schedule despite his aversion to litigation. His advice on excessive litigation is extremely wise.

From the beginning of his presidency, Lincoln was struggling for control. Not until February 23, 1861, did he arrive in Washington, his journey slowed by what authorities believed to be an assassination plot in Baltimore. By March 4th, inauguration day, seven states had seceded from the Union. The country was falling into civil war.

On slavery, Lincoln attempted to steer a tricky course between political enemies. He had a tremendous sense of justice: "Whenever I hear anyone arguing for slavery, I feel a strong impulse to see it tried on him personally." But he was also known for political maneuvering: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so."

Lincoln was caught between warring factions on the issue of slavery. There is tremendous irony in his statement, "You can fool some of the people all of the time, and all of the people some of the time, but you cannot fool all of the people all of the time." This wisdom, essential for anyone in American politics or law, applied to Lincoln himself. Lincoln wasn't fooling either of the extreme camps on the issue of slavery. It was well known that he opposed slavery, and that he intended to do whatever was necessary to preserve the Union. Unfortunately, he was losing control, and the country was destined to fall into war.

"I claim not to have controlled events, but confess plainly that events have controlled me." Lincoln wrote these words in 1864 as the Civil War raged. Of all the words Lincoln wrote, these reflect the reality that you can't always control things even if you are tremendously talented. Here is Lincoln the human being. It was against his general inclination as a lawyer, a former Congressman and President to lose control, but that's exactly what happened.

Perhaps most importantly, Lincoln presented his vision for a free society, a new society freed from the shackles of slavery. America should, he wrote, be "dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth." (Gettysburg Address, November 19, 1963)

Lincoln wrote and said many other things that are worth considering. The ambitious reader should study The Collected Works of Abraham Lincoln, the most complete collection of his writings and speeches.

Published by A. Collins

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