Abraham Lincoln Legal Papers

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Abraham Lincoln worked many cases, following the circuit courts in Illinois. It was a way to supplement his small wages in New Salem, Ill. He had many cases in his twenty-five years as a lawyer. One in particular, the case of Fleming vs. Rogers & Crothers, is very informative. It was a medical malpractice suit and Lincoln represented the physicians. On October 17,1855 the town of Bloomington, Ill was filled with the sound of fire bells. The fire was widespread that it moved through the town destroying the Central Illinois Times, and The Bloomington Pantagraph and the livery stable. In fact everything but the bank and a single store remained. One man, William Green lost his life in the blaze. Samuel G. Fleming was injured, he received  two broken legs that he suffered when a chimney collapsed on him. He was treated by a Dr. Thomas P. Rogers, Jacob Freese and Eli Crothers. Dr. Freese bandaged and set his left leg and Crothers set and treated the right.  The doctors visited Fleming weekly for two weeks to check on him. Fleming stated that he was coming along and his pain was minimal. Then, Fleming began to have pain about sixteen days after his legs were treated. The pain emanated from the break point in his right leg. Fleming’s sister felt that the leg was not set right and the doctors disagreed. They upheld that the treatment was correct and the manner in which the leg seemed was normal. Dr. Crothers advised Fleming that the pain was from pleurisy and not the treated break. Then twenty four days later, Dr. Rogers went to Fleming and stated that the legs were “crooked as rams horns”. The other doctors were sent for and the legs measured. They found one of the legs at least one inch shorter than the other. The only solution that Dr. Rogers found was to redress the legs and splint them differently. Then eight days later they visited Fleming again. This time, they wanted to rebreak and set his legs. Dr. Freese used chloroform and the doctors began to work on the limb. Fleming was not out and consequently began to scream in pain as the doctors attempted to rebreak the limb. Fleming was advised that it was the only way to fix his limb. He advised the doctors to stop and stated the “he (Fleming) had suffered enough.” Fleming’s legs were permanently disfigured and he sued the doctors for malpractice.

Abraham Lincoln defended the doctors. The trial began in 1857, and Lincoln sought Dr. Crothers out to demonstrate the breaks on the patients legs with chicken bones. He employed this in the courtroom for all to see. Crothers spoke about bone growth and the changes that take place while the body is healing. The trial took one week, with fifteen doctors and twenty one witness’ testifying for the plaintiff. Lincoln cross examined Fleming and asked him if he could walk. Fleming stated that he could but he limped. Lincoln exclaimed “Well! What I would advise you is to get down on your knees and thank your Heavenly Father, and these two Doctors that you have any legs to stand on at all!” The result, the doctors paid the fees incurred by Fleming from the trial and settled.

Abraham Lincoln was a lawyer for twenty five years before he became president. He offered advice to his fellow lawyers and those who aspired to be lawyers. In one letter he wrote to a Mr. John M. Brockman on September 25, 1860 he advised the aspiring lawyer to “work, work, work”. This was the main point that Lincoln made, it was the only way to succeed. Lincoln also told him that the method was simple and laborious, and at times tedious. “It is only to get the books, and read, and study them carefully.” He advised young Brockman to read Blackstones Commentaries, the very same book Lincoln studied with vigor to pass the bar. He then  advised Brockman to read it carefully, which meant twice, and then to move on to Chitty’s Pleadings. After that he advised Greenleaf’s Evidence and Story’s Equity. These books were to be the forefront of achieving and passing the bar. In a letter to a Mr. James Thornton, Lincoln advised that he was not able to instruct the young man. He stated that there came a time when a man no longer needed to be instructed and should take up the book and readings unto himself. This was the only true way to receive knowledge. Lincoln also stated that it was  how he became a lawyer, on his own and at a reasonable age. Again, he focused on Blackstone Commentaries, Chitty’s Pleading’s, Greenleaf’s Evidence and Story’s Equity. His next step of advise was to get a license and to practice while reading. “That is my judgement of the cheapest, quickest, and best way for Mr. Widner to make a lawyer of himself.” In the twenty-first century this idea is unheard of. If a person took it upon themselves to read and understand, even to know that entirety of all law practices and readings, a license still would not be granted without a formal education.

Lincoln was ever the adviser to new students and lawyers and therefore a plethora of letters to young lawyers exists. In another letter to William H. Grisby on August 3, 1858 he advised “If you wish to be a lawyer, attach no consequence to the place you are in, or the person you are with; but get books, sit down anywhere, and go to reading for yourself. That will make a lawyer of you quicker than any other way.” It is easy to imagine a young Lincoln reading Blackstone in the midst of chaos and all the while taking everything in. In another letter to Isham Reavis in 1855, Lincoln again told another aspiring lawyer that he could not teach them. “If you are resolutely determined to make a lawyer of yourself the thing is half done already.” Lincoln’s letter was filled with aspiring information. “Always bear in mind that your own resolution to succeed, is more important than any other one thing.” This thought alone has won Lincoln an eternal spot in American history, both in law and as the President of the United States.

Welcome to the Abraham Lincoln Legal Papers website! My name is John Gorga and I am an avid Abraham Lincoln buff and I am also a lawyer. I will be writing on various topics related to Lincoln and his experiences as a lawyer before becoming President of the United States. I hope you visit often to read all about Abraham Lincoln the lawyer!