232
THE GREEN BAG
"(f ) It is an open question whether a state a vigorous, independent, unartificial people has constitutional power in any way to legis drawn from every part and class of the coun late for liens on ' foreign ' shipping, the word try and all representatively American. Theirs ' foreign ' being used in contradistinction was the force which really molded the man to the word ' domestic,' as the latter word at the formative period of his career, and the has already been denned in this article. most important individual influence on his "(g) For torts on or by shipping on navi future may be fairly ascribed to the judge gable waters the state may give liens if the before whom he practised and with whom right of action arose within state boundaries, he virtually lived for ten successive years." Lincoln's ability was of slow growth and and such liens will be enforced by proceed it was his fellow-lawyers who first evidenced ings in rem in the federal admiralty courts. "(h) For torts resulting in death, the states the discovery of his ability and effectiveness may impose liens on shipping, and may pro by retaining him to try cases for them. Between 1849 and 1860 he probably tried vide for their enforcement by attachments subsidiary to a common law action. The more cases than any other man on the cir weight of authority also maintains the view cuit. that such a lien will be enforced by a proceed "It is impossible to overestimate the value ing in rem in the federal court where the vessel of these active professional years on Lincoln's may be found; and in this suit the lien given subsequent career. They brought him into by the state of the vessel's home port will be close contact and collision with able lawyers of every caliber, with men of force and strong enforced." BIOGRAPHY (Lincoln). In the Century character, men whose business it was to for March (V. Ixxi, No. 5) Mr. Frederick reason, persuade, cajole, and intimidate Trevor Hill continues his article on Lincoln others to their way of thinking, and who as a lawyer. To his training and experience employed every device from legitimate argu as a lawyer under the conditions which existed ment to brutal terrorizing to accomplish their in the early days in Illinois are due many of ends. Long before he was called to Washington, his most able qualities as a statesman. Mr. Hill makes an earnest protest against con his daily life in the courts had familiarized sidering Lincoln as a teller of silly stories, a him with the roarers and bulldozers of the buffoon and raconteur. Lincoln never told a profession, with the sly and tricky gentry story, says a contemporary, for the story's who work by indirection, with the untrust sake or to raise a laugh. There is an interest worthy, treacherous, and unscrupulous prac ing description of life on the circuit in the titioner, with the broadminded advocate early days, and the experiences of the trial and the narrow, bigoted partisan." BIOGRAPHY (Lincoln). " Lincoln, the lawyer. Lincoln was the only lawyer to ride the Lawyer," by Hon. Jesse J. Dunn, Oklahoma entire circuit, which covered an area of over Law Journal (V. iv, p. 249). BOOKS. " Subject Index of Law Addi one hundred square miles, and was a warm personal friend and favorite of Judge David tions " to the New York State Library from Davis, who knew and appreciated his abilities. Jan. i, 1894, to Dec. 31, 1903. New York "It was Judge Davis and a handful of men State Education Department, Albany, 1905. BOOKS. In the March Yale Law Journal who had learned to know and appreciate Lincoln as a lawyer — a small group of his (V. xv, p. 221) Albert S. Bolles discusses the fellow-practitioners on the Eighth Circuit: question, " How Should Our Law Books be Davis, the judge; Swett, the advocate; and Written? " He divides American legal trea Logan, the leader of the bar, but especially tises into state books and books on the com Davis — who forced Lincoln upon the Chi mon law of all the states. The former serve cago Convention in 1860, and thus gave him a useful purpose and are complete in them selves. The author of the latter class has a to the nation." "Lincoln's growth of mind and character more difficult task. If he aims to produce was most happily fostered by the free life of a work essentially exhaustive, he traverses the circuit, where he was in close touch with the field of comparative jurisprudence. The
