Raymond J. McKoski on "David Davis, Abraham Lincoln's Favorite Judge"

Podcast: New Books Network, Biography Channel
Host: Mark Klobus
Guest: Raymond J. McKoski
Date: October 3, 2025

Episode Overview

This episode features Raymond J. McKoski, a retired judge and adjunct law professor, discussing his new book, David Davis, Abraham Lincoln's Favorite Judge (University of Illinois Press, 2025). McKoski and host Mark Klobus delve into the life and career of David Davis—a key figure in Abraham Lincoln’s rise, an influential Supreme Court Justice, and a man whose impartiality and ethics stand out in both 19th-century and modern contexts. The conversation explores Davis’s biography, his relationship with Lincoln, his unique impartiality, his central political maneuverings, and the lasting relevance of his judicial philosophy.

Key Discussion Points & Insights

1. Author’s Background and Motivation

• Raymond J. McKoski is a retired Illinois trial court judge and current adjunct professor at UIC School of Law, where he teaches legal ethics, evidence, and appellate advocacy (01:32).
• McKoski’s interest in judicial ethics led him to Davis, whose life seemed to violate modern expectations of judicial conduct but maintained a reputation for impartiality (02:27).
• Initial fascination with Davis stemmed from a spontaneous visit to the David Davis Mansion, which piqued McKoski’s interest in his rough upbringing and pivotal political role (06:04).

"From the first I stepped in there and the first words out of the docent's mouth, I just became fascinated by this individual... his sort of rough childhood... masterminding [Lincoln's] nomination as a dark horse in 1860 for president, to serving on the U.S. senate."
—Raymond J. McKoski (06:30)

2. Placing Davis in Historical and Modern Contexts

• McKoski contrasts 19th-century and contemporary judicial standards, noting that Davis’s activities outside court (politics, charity) would now be scrutinized but, by his era's standards, enhanced his reputation (04:11).
• Davis’s reputation for impartiality was recognized even by his opponents, underlying his continued relevance to today's judiciary (05:20).

"Back then you were evaluated on what you did in court and you could do anything you wanted outside of court… Today that's changed... The standards have changed."
—Raymond J. McKoski (04:11)

3. David Davis: Life and Career Overview

• Born in 1815 to a well-off family; his father died before he was born, resulting in a difficult and shuttled youth (10:24).
• Attended Kenyon College (sent alone at age 13), supported himself through manual labor, then read law in Massachusetts and moved to Illinois to practice law.
• Formed a professional and eventually personal partnership with Abraham Lincoln.
• Served on the Illinois circuit, managed Lincoln’s Senate and presidential campaigns, became a Supreme Court Justice, then Senator, and briefly President pro tem of the Senate (10:24–14:51).

"Little David was shuffled between relatives... put on a stagecoach, sent off to a college Kenyon College in the middle of nowhere... worked his way through the college… and came back."
—Raymond J. McKoski (11:07)

4. Political Impartiality and the Senate

• Despite being a lifelong Republican, Davis was appointed to the U.S. Senate in 1877 by Democrats and Independents, illustrating his bipartisan respect (14:51).
• Elected President pro tem of the Senate by Republicans, even after being elected to the Senate without a single Republican vote from Illinois—a feat McKoski and Klobus agree would be near impossible today (14:51–17:17).

"Elected by all Democrats, chosen to be president pro tem by all Republicans. And the guy you beat wants to escort you and start the clapping for you... I'm not sure this could happen today."
—Raymond J. McKoski (14:51)

5. Davis and the 1876 Electoral Commission

• Due to his reputation for impartiality, Davis was expected to be the swing vote on the 1877 Electoral Commission but was rendered ineligible after being appointed Senator (17:17–20:32).

"The only reason the Republicans and Democrats agreed to this electoral Commission, because Davis would be there and he'd be independent."
—Raymond J. McKoski (18:37)

6. Davis and Lincoln: An Intimate Political and Personal Relationship

• Davis and Lincoln bonded deeply over years riding the legal circuit together, sharing values, habits (notably moderation in drinking), and personal tragedies (22:45–27:05).
• Their partnership was characterized by trust and mutual respect; Davis’s son even rode with Lincoln for two months while Mrs. Davis joined her husband on circuit (25:40).
• Davis admired Lincoln’s honesty; their relationship was described by a court clerk as one of "constant companions" (24:25).

"Spending six months out of the year with some people creates a special relationship... And that happened here."
—Raymond J. McKoski (23:30)

7. Davis as Campaign Strategist and Political Operator

• Davis believed he could manage Lincoln’s Senate and presidential campaigns more effectively than Lincoln’s other supporters, such as Stephen Logan and Norman Judd, and was candid about their shortcomings (27:44–31:30).
• Took charge at the 1860 Republican National Convention in Chicago, skillfully building coalitions and strategizing to make Lincoln the "second choice" when other candidates faltered (32:07–36:42).

"There was some basis for David Davis's belief that he would be the best to lead nomination efforts… [He] would have said Logan had too many shortcomings. If Lincoln’s ever going to be anything, he needs a strong personality…"
—Raymond J. McKoski (28:36)

• Davis outmaneuvered even seasoned political boss Thurlow Weed, earning recognition as the crucial factor in Lincoln's successful nomination.

"It was sort of, no pun intended, David versus Goliath story. Thurlow Weed... was known as the dictator, he was known as the Wizard... Davis was against his money, was against his experience.... It was an amazing achievement."
—Raymond J. McKoski (37:28)

8. Davis’s Role in the 1860 Election

• After the convention, Davis became Lincoln's troubleshooter, especially in fractious states like Pennsylvania and with operatives like Thurlow Weed, bringing rival Republican factions together (40:51–46:56).
• Davis’s skill lay in building consensus, offering reassurances, and facilitating cooperation among party factions during the election, as well as raising critical funds.

"David Davis could make a man do something whether he wanted to or not… Davis goes out there on this troubleshooting mission... he facilitates their efforts and make sure they have program that's not going to conflict with each other."
—Raymond J. McKoski (43:22)

9. Davis’s Reputation for Integrity

• Unlike Thurlow Weed, Davis was never tarred by allegations of corruption. His honesty was acknowledged by both friends and enemies, a key factor in his Supreme Court appointment (46:56–50:22).

"People who like Davis or didn’t like Davis would always say the guy’s as honest a guy as you can meet… this honest reputation for honesty and integrity carried Davis... from his trial court days to his Supreme Court days to his Senate days."
—Raymond J. McKoski (49:32)

10. Wartime Jurisprudence: Balancing Loyalty and Independence

• On the Supreme Court, Davis is best known for Ex parte Milligan, limiting military trials for civilians and showing where his loyalty to legal principle overrode political expedience (51:29–54:18).
• Deliberately avoided challenging Lincoln during the war but later issued strong opinions upholding civil liberties, even if it conflicted with his political loyalties.

"He did walk a fine line, but when push came to shove, he was going to do what he thought was right."
—Raymond J. McKoski (53:36)

11. Final Reflections and Next Projects

• McKoski is working on research into Davis’s wife, Sarah, whose letters indicate her integral role in their family and community, showcasing an early example of a capable woman on the frontier (54:23).

"What I want to do is look in a little bit more to her life and see if I can come up with something at least worth an article celebrating what she contributed to the community in Bloomington and to the country, too."
—Raymond J. McKoski (55:28)

Notable Quotes & Memorable Moments

• On Duty vs. Modern Standards: "Under today’s standards, he violated every rule of judicial ethics in the book, but still maintained his reputation for impartiality." (02:05)
• On Relationship with Lincoln: "The clerk of the Champaign county court described Davis and Lincoln as constant companions." (24:25)
• On the 1860 Convention: "David Davis did pull this off with a lot of hard work, a lot of good strategies that he tailored to different delegations, and Lincoln knew it." (39:50)
• On Davis’s Integrity: "He’s the most honest person I ever met. And these are common kind of comments about Davis, even his detractors." (49:13)
• On Judicial Independence: "When the time comes, when I can't do what I think is right, regardless of the public reaction, regardless of losing friends, then he's going to quit the court." (54:05)

Suggested Timestamps for Key Segments

• Introduction, Author’s Background (01:07–03:23)
• Approach to Judicial Impartiality (03:23–05:20)
• Davis’s Early Life (10:07–14:02)
• Impartiality in Senate and Electoral Commission (14:51–20:32)
• Davis & Lincoln: Relationship Origins (22:45–27:05)
• Davis as Political Operator (27:44–32:07)
• 1860 Convention Details (32:07–36:42)
• General Election Campaign (40:51–46:56)
• Reputation for Integrity (46:56–50:22)
• Wartime Judicial Decisions (51:29–54:18)
• Future Projects (54:23–55:43)

Episode Tone

The tone is collegial, informed, and often admiring—reflecting McKoski’s deep respect for Davis’s complexity and significance, and Klobus’s enthusiasm for how the biography brings previously overlooked aspects of Davis’s life to the fore. The conversation is richly detailed, evidence-based, and rooted in the ethical and political questions still resonant today.

This summary captures the core themes, narrative flow, and intellectual energy of the episode—offering a comprehensive and engaging guide for those who have not listened.