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Legal Reputation of Abraham Lincoln according to Judge Caton
05-04-2020, 11:21 AM (This post was last modified: 05-04-2020 11:31 AM by David Lockmiller.)
Post: #1
Legal Reputation of Abraham Lincoln according to Judge Caton
Mr. W. Thomas, a lawyer who retained Mr. Lincoln as counsel in an important litigation, wrote him in December, 1859, as follows: "Judge Caton has the Record and he told me that he had not decided what to do and that he was in doubt, etc. I want you and Logan to assist me in presenting this case in such form as to undoubt the Judge. I ought to and must gain this case. If you can be the means of success you will almost bring me under obligation to support the Black Republicans.” (Source: Lincoln the Lawyer, Frederick Trevor Hill, (1906), page 249, footnote.)

What was the “important litigation” case? Of what court was Judge Caton a judge at the time? Six years later on Wednesday, May 3, 1865 (one hundred fifty-five years ago, yesterday), Judge Caton publicly stated that “[Lincoln] was equally potent before the jury as with the court.” What was the location and occasion for this statement?

"So very difficult a matter is it to trace and find out the truth of anything by history." -- Plutarch
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05-04-2020, 02:52 PM
Post: #2
RE: Legal Reputation of Abraham Lincoln according to Judge Caton
(05-04-2020 11:21 AM)David Lockmiller Wrote:  Six years later on Wednesday, May 3, 1865 (one hundred fifty-five years ago, yesterday), Judge Caton publicly stated that “[Lincoln] was equally potent before the jury as with the court.” What was the location and occasion for this statement?

I think the location was Ottawa, Illinois. Judge Caton, who used to be Chief Justice of the Illinois Supreme Court, made a speech in which he formally announced the death of Abraham Lincoln to the court.

I will try to find the "important litigation" case but do not know it now.
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05-04-2020, 04:26 PM
Post: #3
RE: Legal Reputation of Abraham Lincoln according to Judge Caton
(05-04-2020 02:52 PM)RJNorton Wrote:  
(05-04-2020 11:21 AM)David Lockmiller Wrote:  Six years later on Wednesday, May 3, 1865 (one hundred fifty-five years ago, yesterday), Judge Caton publicly stated that “[Lincoln] was equally potent before the jury as with the court.” What was the location and occasion for this statement?

I think the location was Ottawa, Illinois. Judge Caton, who used to be Chief Justice of the Illinois Supreme Court, made a speech in which he formally announced the death of Abraham Lincoln to the court.

I will try to find the "important litigation" case but do not know it now.

You are correct, Roger. The occasion was the Illinois Supreme Court Memorial to honor the memory of Abraham Lincoln. On that day, May 3, 1865, the Supreme Court of Illinois convened in the court room at Ottawa. The Hon. J. D. Caton, formerly Chief Justice of the court spoke in part as follows:

"For nearly thirty years Mr. Lincoln was a member of this bar. But few of us are left who preceded him. From a very early period he assumed a high position in his profession. Without the advantage of that mental culture which is afforded by a classical education, he learned the law as a science. Nature endowed him with a philosophical mind, and he learned and appreciated the elementary principles of the law and the reason why they had become established as such. He remembered well what he read because he fully comprehended it. He understood the relationship of things, and hence his deductions were rarely wrong from any given statement of facts. So he applied the principles of the law to the transactions of man with great clearness and precision. He was a close reasoner. He reasoned by analogy and usually enforced his views by apt illustrations. . . . Those who supposed Mr. Lincoln was destitute of imagination or fancy knew but little of his mental endowments. In truth his mind overflowed with pleasing imagery."
(Source: Lincoln the Lawyer, Frederick Trevor Hill, (1906), Appendix I, pages 313 -314.)

I also do not now know what was the the "important litigation" case, but I need to find out the answer to this question in order to grant meaning to another important point made by the former Chief Justice of the Illinois Supreme Court that day regarding Abraham Lincoln as an attorney.

"So very difficult a matter is it to trace and find out the truth of anything by history." -- Plutarch
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05-04-2020, 10:55 PM
Post: #4
RE: Legal Reputation of Abraham Lincoln according to Judge Caton
Mr. W. Thomas, a lawyer who retained Mr. Lincoln as counsel in an important litigation, wrote him in December, 1859.

I was unable to find this letter.

"So very difficult a matter is it to trace and find out the truth of anything by history." -- Plutarch
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05-10-2020, 01:17 AM
Post: #5
RE: Legal Reputation of Abraham Lincoln according to Judge Caton
This may/may not assist ...

From The Lincoln Log Nov 18 1859

http://www.thelincolnlog.org/Results.asp...xtRnpjSGc9

"Mt. Vernon, IL.

Lincoln represents the railroad in the Illinois Supreme Court case of People v. Illinois Central RR. The State of Illinois is suing the Illinois Central Railroad to collect taxes for 1857. The parties disagree on the valuation of the railroad's property. Illinois State Auditor Jesse K. Dubois bases the tax upon an appraisal of $19,711,559.59, and the railroad assesses a value of $4,942,000. On this day, Lincoln questions at least eleven witnesses. The Illinois Supreme Court agrees with Lincoln as to the valuation of the railroad's property. Judge's Docket, November 1859 Term, People v. Illinois Central RR, Court Docket A 1st GD 1849-1870; Opinion, January 1860 Term, People v. Illinois Central RR, case file 8537, both in Illinois Supreme Court, Illinois State Archives, Springfield, IL."

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Is king o' men for a' that” Robert Burns
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