The Justice of the Peace - Another Abe Lincoln story

 

Abraham Lincoln was well-known for his effective use of amusing stories to make a point – especially in the courtroom.

During his circuit riding days, Lincoln and a rival attorney were arguing a case before a small town jury. His opponent tried to convince the jury that "precedent" is superior to law, and that "custom" makes things legal in ALL cases.

After he sat down, Lincoln stood and approached the jury. He told them that he would argue the case in the same manner as his opponent had. He then began a story.

“Old Squire Bagley, from Menard, came into my office one day and said: ‘Lincoln, I want your advice as a lawyer. Has a man that’s been elected justice of the peace have the right to issue a marriage license?’

“I told him no; whereupon the old squire threw himself back in his chair very indignantly and said:

‘Lincoln, I thought you was a lawyer. Now, Bob Thomas and me had a bet on this thing, and we agreed to let you decide; but if this is your opinion, I don’t want it, for I know a thunderin’ sight better! I’ve been a squire for eight years, and I’ve issued marriage licenses all the time.’

Just because something’s always been done before does not make it legal.

And saying it is, doesn't either.

This was another tale from Abe Lincoln, storyteller.

Mac

Works Cited

[1] Gross, Anthony (1912). Lincoln’s Own Stories. New York City, NY: Harpers and Brothers.