collected works 
 !,ham Lincoln 
 
 Edited by 
 RUFUS ROCKWELL * 
 
LINCOLN ROOM 
 
 UNIVERSITY OF ILLINOIS 
 LIBRARY 
 
 presented by 
 
 Marion P. Pratt Estate 
 
 KV94T 
 v.l _ 
 
 o- 9 
 
Digitized by the Internet Archive 
 
 in 2012 with funding from 
 
 University of Illinois Urbana-Champaign 
 
 http://www.archive.org/details/uncollectedworks01linc 
 
Uncollected Works of Abraham Lincoln 
 
Two thousand and fifty copies 
 of the first volume of The 
 Uncollected Works of Lincoln 
 have been printed. This is 
 
 copy number...^../~j£l 
 
 and is signed by 
 
 <Cw 
 
 (t^ueu" ( & 0i 
 
Uncollected Works of 
 
 Abraham Lincoln 
 
 His Letters, Addresses and Other Papers 
 
 Assembled and Annotated by 
 RUFUS ROCKWELL WILSON 
 
 Assisted by Other Lincoln Scholars 
 
 A Supplement to and Revision of 
 
 THE COMPLETE WORKS OF LINCOLN 
 
 by NICOLAY and HAY 
 
 VOLUME 1—1824 to 1840 
 
 THE PRIMAVERA PRESS, INC. 
 
 610 West Church Street 
 
 Elm ira, N. Y. 
 
 1947 
 
Copyright 1947 by 
 
 PRIMAVERA PRESS, Inc. 
 
 610 W. Church St. 
 
 Elmira. N. Y 
 

 K iny 
 
 To CARL W. SCHAEFER— 
 
 Devoted member of the Lincoln 
 fellowships whose reverent regard 
 for a great man's memory has 
 made possible the publication of 
 the present and its sister volumes 
 
 fry 
 
TABLE OF CONTENTS 
 
 Page 
 
 Aims and Acknowledgments 7 
 
 Lincoln Chronology 1809-1840 19 
 
 Chapter 1 Through Youth to Manhood 19 
 
 Chapter 2 Lincoln in the Year 1831 t 33 
 
 Chapter 3 Lincoln in the Year 1832 37 
 
 Chapter 4 Lincoln in the Year 1933 50 
 
 Chapter 5 Lincoln in the Year 1834 58 
 
 Chapter 6 Lincoln in the Year 1835 74 
 
 Chapter 7 Lincoln in the Year 1836 92 
 
 Chapter 8 Lincoln in the Year 1837 138 
 
 Chapter 9 Lincoln in the Year 1838 211 
 
 Chapter 10 Lincoln in the Year 1839 356 
 
 Chapter 1 1 Lincoln in the Year 1840 464 
 
 Chapter 12 Supplementary Items, 1833 to 1839 575 
 
 Index to Names, Places and Subjects 645 
 
 Index to Documents and Legal Papers 652 
 
UNCOLLECTED WORKS OF LINCOLN 7 
 
 AIMS AND ACKNOWLEDGMENTS 
 
 The present volume is the first of a series in which it 
 is proposed to assemble and annotate letters, speeches and 
 other papers of Abraham Lincoln that have come to light 
 in the forty-one years that have elapsed since in 1905 Nicolay 
 and Hay published an enlarged and final edition of their 
 Complete Works of Abraham Lincoln. To the new material 
 thus collected notes are added which, it is hoped, read in order, 
 will afford a full and sympathetic account not only of Mr. Lin- 
 coln's career from early manhood until his death but also of the 
 personal contacts and friendships, and the march of events that 
 helped to shape that career. 
 
 . The twelve volumes of Nicolay and Hay contain 2243 
 items. The present work will include more than 1600 items 
 of greater or lesser importance and meaning not found in that 
 collection, part of it heretofore inaccessible and out of reach. 
 William Henry Herndon was Mr. Lincoln's law partner 
 from 1844 until the day in February, 1861, when the Presi- 
 dent-elect left Springfield for Washington. When the Pres- 
 ident died Herndon, with signal zeal and thoroughness, be- 
 gan to collect the reminiscences of those who had known 
 Mr. Lincoln, along with manuscripts and documents of every 
 sort relating to him. 
 
 When Herndon in turn passed away, this unique col- 
 lection became the property of Jesse W. Weik who had 
 aided in the composition of his well-known life of Lin- 
 coln, and following the death of the younger man it was 
 sold to a New York dealer from whom in 1941 it was pur- 
 chased by the Library of Congress. Before that time only 
 a few students enjoyed access to a collection which in- 
 cludes upward of 600 legal documents written in whole or 
 in part by Mr. Lincoln between 1836 and 1860, and which for 
 the first time afford full and convincing proof of his untiring 
 industry and range and capacity as a lawyer. 
 
 Micro-films of these documents have been secured from 
 the Library of Congress, and, with painstaking care, have 
 been or are being transcribed for the present work by John 
 Henry Cramer of Cleveland, who is also tracing with in- 
 finite labor, so far as it may be determined, the history of 
 each action in which the documents had a part. Moreover, in 
 July, 1947, the papers of Mr. Lincoln bequeathed by his 
 son to the Library of Congress under the terms of the 
 
8 UNCOLLECTED WORKS OF LINCOLN 
 
 latter's will are to become available for inspection and pub- 
 lication. Such of these papers written by Mr. Lincoln, as 
 were not used by Nicolay and Hay and so remain unpub- 
 lished, will be included in an appendix to the final volume 
 of the present work, which will also contain an informing 
 chapter on bogus Lincoln letters, some of which have a curi- 
 ous history, and another on important and unusual letters 
 known to have been written by Mr. Lincoln, but which are 
 now lost, seemingly past recovery. 
 
 Mr. Lincoln as a drafter of legal documents, particularly 
 in his earlier years at the bar, was much given to erasures 
 and interlineations, now and again with confusing results. 
 He had also his own ideas of punctuation, spacing and under- 
 scoring which at times tax the skill and patience of those 
 who seek to determine his exact meaning. Thus the writer 
 can not hope for complete immunity from the fault-finding 
 that generally waits upon the discharge of a difficult and 
 delicate task. However, it has been at every stage his chief 
 concern by devoted and patient effort to seek and find the 
 exact form and purpose Mr. Lincoln had in mind in each in- 
 stance ; to faithfully reproduce his spelling and punctuation, 
 and where he or another underscores a word or phrase to indicate 
 that fact by the use of Italics. 
 
 Seconded by friendly officials of the several courts of the 
 old Eighth Circuit diligent effort has been made to recover, when- 
 ever possible, a full and accurate history of the cases in which 
 Mr. Lincoln had a part. The editor must also record his very 
 real obligation to many learned members of the Lincoln fellow- 
 ship who, in the process of labors that began when the century 
 was young, have generously aided him with pertinent facts and 
 timely suggestions. These include Oliver R. Barrett of Chicago 
 and Dr. F. Lauriston Bullard of Melrose Highlands, Massa- 
 chusetts, both enminent for a knowledge of every phase of Mr. 
 Lincoln's career as all-embracing as it is exact, and Dr. Louis A. 
 Warren of the Lincoln National Life Foundation, Fort Wayne, 
 Indiana, whose revealing researches into the ancestry, parentage 
 and childhood of Mr. Lincoln have made present and future 
 students his debtors. 
 
 Thanks are also due to Dr. Harry E. Pratt, former ex- 
 ecutive secretary of the Abraham Lincoln Association of Spring- 
 field; to J. Harry Hopper and Frank P. Vickery, present clerks 
 of the Sangamon Circuit Court for making easy searches for 
 facts regarding Mr. Lincoln's early cases before it; to Jay 
 
UNCOLLECTED WORKS OF LINCOLN 9 
 
 Monaghan and Margaret Flint of the Illinois Historical So- 
 ciety; to Drs. Robert B. Kincaid and R. Gerald McMurty of 
 Lincoln Memorial University, Harrogate, Tennessee ; to Dr. John 
 E. Washington of Washington, sterling representative of the race 
 Mr. Lincoln helped to set free ; to F. Ray Risdon of Los Angeles 
 and the writer's old friend, Thomas O. Marvin of Portsmouth, 
 New Hampshire; to his typist, Mrs. Lillian Buckholtz Paganelli, 
 tactful in pointing out shortcomings that call for correction, and 
 finally to his wife. Otilie Erickson Wilson, whose love for things 
 that are gracious and of good report and ready and quickening 
 courage in face of obstacles that lengthen an arduous task, have 
 made it possible for this volume to come into being. 
 
 There is an ancient saying, not without its message of 
 cheer for the honest craftsman, that "the end crowns the 
 work;" and if some of those entitled to speak with author- 
 ity find here a worthwhile contribution to the history of the 
 Lincoln era and its central figure, the writer will feel that he 
 has abundant reward for his labors. 
 
 Rufus Rockwell Wilson 
 Elmira, N. Y., November 28, 1946. 
 
10 UNCOLLECTED WORKS OF LINCOLN 
 
 LINCOLN CHRONOLOGY, 1809-1840. 
 
 February 12, 1809 — Abraham Lincoln, son of Thomas and 
 Nancy Hanks Lincoln, is born three miles south of present day 
 Hodgenville on Nolin River, Kentucky. 
 
 Spring of 1811 — Thomas Lincoln moves his family from 
 Nolin River to a farm on Knob Creek, north and east of 
 Hodgenville and on the highway leading from Louisville to 
 Nashville — a location clearly remembered by Abraham Lin- 
 coln in after years. 
 
 Autumn of 1815 and Winter of 1816 — Lincoln and his 
 sister Sarah attend for short periods ABC schools kept in 
 turn by Zachariah Riney and Caleb Hazel. This school was 
 on the site of the present town of Athertonville, two miles 
 from the Lincoln farm. 
 
 Autumn of 1816 — Abraham Lincoln is saved from drown- 
 ing in Knob Creek by Austin Gollaher, as related by the latter 
 to William H. Herndon in 1865. 
 
 December, 1816 — Thomas Lincoln moves his family from 
 Kentucky and settles in an unbroken forest in what is now 
 Perry County, Indiana, Abraham Lincoln being then in this 
 eighth year. 
 
 October 15, 1817 — Thomas Lincoln enters at the govern- 
 ment land office at Vincennes the farm upon which he was 
 living. 
 
 1818 — Abraham Lincoln in his tenth year is "kicked 
 
 by a horse and apparently killed for a time," an incident which he 
 later told Herndon he regarded as one of the remarkable 
 events of his life. 
 
 September, 1818 — Thomas Sparrow and his wife, Eliza- 
 beth Hanks Sparrow, aunt of Nancy Hanks Lincoln, die of 
 "milk" sickness. 
 
 October 5, 1818 — Nancy Hanks Lincoln also dies of 
 "milk" sickness and is buried near the Sparrows. 
 
 December 2, 1819 — Thomas Lincoln and Sarah Bush are 
 married at Elizabethtown, Kentucky. 
 
 Winter of 1820 — Abraham and Sarah Lincoln attend a 
 school kept by Andrew Crawford. 
 
 Autumn and Winter of 1822 — Abraham Lincoln attends 
 for about four months a "blab" school kept by James Swaney, 
 four miles from the Lincoln home. John Hanks, a cousin of 
 Nancy Hanks Lincoln, is then a member of the Lincoln house- 
 hold. 
 
UNCOLLECTED WORKS OF LINCOLN 11 
 
 —1824 — Abraham Lincoln attends for about six 
 
 months a school kept by Hazel Dorsey. 
 
 March 1, 1826 — Abraham Lincoln writes this date on a 
 page of his "Book of Examples in Arithmetic." 
 
 August 2, 1826 — Abraham Lincoln's sister Sarah becomes 
 the wife of Aaron Grigsby. 
 
 1827 — For nine months during this year Abraham 
 
 Lincoln works for James Taylor as a farm hand and at the 
 ferry at the mouth of Anderson Creek. It is at this time that 
 he earns his first dollar ferrying passengers to a steamer in 
 the Ohio River. 
 
 June 6, 1827 — Thomas Lincoln receives a patent to eighty 
 acres of land signed by President John Quincy Adams. 
 
 January 20, 1828 — Sarah Lincoln Grigsby, sister of Abra- 
 ham Lincoln, dies in childbirth. 
 
 Spring of 1828 — Abraham Lincoln and Allen Gentry make 
 a flatboat trip to New Orleans for the latter's father, James 
 Gentry. This trip which began at Rockport, Indiana, oc- 
 cupied three months and gave Abraham Lincoln perhaps his 
 first arresting contact with slavery. 
 
 1829 — Abraham Lincoln works in the store of 
 
 James Gentry at a place later named Gentryville. 
 
 February 20, 1830 — Thomas and Sarah Lincoln sell their 
 eighty-acre farm for $125 to Charles Grigsby. 
 
 March 1, 1830 — Thomas Lincoln moves from Indiana to 
 Illinois at the head of a company of thirteen, which included 
 his own family and those of Mrs. Lincoln's two sons-in-law — 
 Dennis Hanks and Squire Hall. 
 
 March 14, 1830 — The Lincoln caravan of three wagons, 
 two drawn by oxen and one by horses driven by twenty-one 
 year old Abraham Lincoln, camp in the village square of 
 Decatur, Illinois, which then consisted of "less than a dozen 
 log houses set in the heart of a grove of oaks." 
 
 March 15, 1830 — Thomas Lincoln locates on a tract of 
 land ten miles from Decatur and on the north bank of the 
 Sangamon River, selected for him by John Hanks, who had 
 preceded the Lincolns to Illinois. 
 
 Spring of 1830 — Lincoln begins with four yoke of oxen 
 to break forty-five acres of land. He and Charles Hanks also split 
 the rails which were to play a picturesque part in the presidential 
 campaign of 1860. 
 
12 UNCOLLECTED WORKS OF LINCOLN 
 
 Summer of 1830 — Lincoln makes his first political speech 
 in Illinois at a campaign meeting in Decatur, advocating the 
 improvement of the Sangamon River for purposes of naviga- 
 tion. 
 
 Winter of 1930-31— Lincoln splits 1,000 rails for Major 
 William Warnick and freezes his feet in the process. 
 
 March, 1831 — Lincoln with John Hanks and John D. 
 Johnston begin to build a flatboat on the Sangamon, the trio 
 having been employed by Denton Offutt to fill it with produce 
 and float it to the New Orleans market. 
 
 April 19, 1831 — Lincoln has his first view of New Salem, 
 when the progress of his flatboat is temporarily barred by 
 Rutledge's mill dam at that place. 
 
 April to July, 1831 — Lincoln and his companions are 
 on the way to and from New Orleans. 
 
 Late July, 1831 — Lincoln arrives at New Salem to clerk 
 in Orlutt's store which opens for business in September. 
 
 August 1, 1831 — Lincoln casts his first vote and serves 
 unofficially as election clerk at New Salem at the same time 
 winning a reputation as a story teller. 
 
 March 9, 1832 — Aided by Mentor Graham and John Mc- 
 Namar, Lincoln writes his platform as a candidate for the 
 Illinois Legislature. 
 
 March-April, 1832 — Lincoln serves as one of the pilots 
 of the steamboat Talisman in its round trip on the Sangamon 
 from Beardstown to Portland five miles north of Springfield. 
 
 April 21, 1832 — Lincoln volunteers for service in the 
 Black Hawk War, and is elected captain of his company. 
 
 April 28, 1832 — Captain Lincoln's company is enrolled in 
 the state service. 
 
 May 9, 1832 — Captain Lincoln's company is mustered into 
 the federal service at Ottawa, and he re-enlists for a twenty- 
 day period in the company of Independent Rangers (mounted) 
 commanded by Captain Elijah lies. 
 
 June 16, 1832 — The company of Captain lies is mustered 
 out of service at Fort Wilbourn by Lieutenant Robert Ander- 
 son and Lincoln re-enlists for thirty days as a private in the 
 Independent Spy Corps commanded by Captain Jacob M. 
 Early. 
 
 July 10, 1832 — Captain Early's company, including Private 
 Lincoln, is mustered out of service at Burnt Village. 
 
UNCOLLECTED WORKS OF LINCOLN 13 
 
 July 15, 1832 — Lincoln begins return journey to New 
 Salem to resume his canvass for the Legislature. 
 
 August 6, 1832 — Lincoln is defeated for the Legislature, 
 running eighth in a field of thirteen candidates. 
 
 May 7, 1833 — Lincoln is appointed postmaster at New 
 Salem by President Andrew Jackson. 
 
 Fall of 1833 — John Calhound, Sangamon County surveyor, 
 appoints Lincoln as his deputy for the New Salem section 
 of the county. Lincoln accepts and under the guidance of 
 Mentor Graham quickly masters the rudiments of surveying. 
 
 January 14, 1834— Lincoln writes the description of his 
 first known survey — a tract for Russell Godbey six miles north 
 of New Salem. 
 
 April 19, 1834 — In the Sangamo Journal Lincoln an- 
 nounces that he is again a candidate for the Legislature. 
 
 July, 1834 — During the legislative canvass John T. Stuart, 
 who had served with Lincoln in the Black Hawk War, ad- 
 vises the latter to study law. 
 
 August 4, 1834 — Lincoln is elected to the General Assem- 
 bly, running second among the thirteen candidates. He bor- 
 rows books from Stuart and begins the study of law. 
 
 December 1, 1834 — Lincoln at Vandalia takes his seat as 
 a member of the lower house of the General Assembly. 
 
 February 14, 1835 — Lincoln returns to New Salem and 
 to his duties as postmaster and deputy surveyor, also resum- 
 ing his law studies. 
 
 August 25, 1835 — Ann Rutledge, "beloved of Abraham 
 Lincoln," dies after a six weeks illness, at the Rutledge farm 
 a few miles from New Salem. 
 
 September 10, 1835 — Thomas M. Neale, having succeeded 
 John Calhoun as county surveyor, appoints Lincoln as one of 
 his deputies. 
 
 December 7, 1835 — Lincoln is present at the opening of 
 a special session of the General Assembly called by Governor 
 Duncan, and takes an active part in its proceedings. 
 
 January 18, 1836 — The General Assembly adjourns and 
 Lincoln returns to New Salem. 
 
 February 17, 1836 — Lincoln certifies that he has surveyed 
 the town of Petersburg. 
 
 March 19, 1836 — Lincoln announces that he is a candidate 
 for re-election to the General Assembly. 
 
14 UNCOLLECTED WORKS OF LINCOLN 
 
 March 24, 1836 — Lincoln's name is entered on the record 
 of the Sangamon Circuit Court as "a person of good moral 
 character," the first of the three steps then required in order 
 to become a lawyer in Illinois. 
 
 May 30, 1836 — The New Salem postoffice is discontinued 
 and Lincoln receives $19.48 for his last three months service 
 as postmaster. 
 
 July 11, 1836 — Lincoln takes part in Springfield in his first 
 political debate. 
 
 August 1, 1836 — Lincoln receives the highest vote of the 
 candidates for the General Assembly. 
 
 September 9, 1836 — Lincoln is licensed by two justices 
 of the Supreme Court to practice law in the courts of Illinois, 
 the second step then demanded of applicants for admission to 
 the bar of that state. 
 
 October 5, 1836 — Lincoln files his plea in his first law suit, 
 Hawthorn vs. Woolridge. 
 
 November 7, 1836 — Lincoln votes for Hugh L. White for 
 President. 
 
 December 5, 1836 — Lincoln attends the opening of the 
 Tenth General Assembly at Vandalia. 
 
 February 11, 1837 — Lincoln as the leader of the Long Nine, 
 the nickname given the Sangamon delegation to the General 
 Assembly, shrewdly directs a contest for the removal of the 
 state capital from Vandalia to Springfield. 
 
 February 28, 1837 — As the result in large part of Lin- 
 coln's clever management the General Assembly selects 
 Springfield as the future capital of Illinois. 
 
 March 1, 1837 — Lincoln enrolls on the record of the clerk 
 of the Supreme Court, his third and final step in becoming a 
 member of the Illinois bar. 
 
 March 3, 1837 — Lincoln and Dan Stone enter their pro- 
 test against an anti-abolitionist resolution adopted by the Gen- 
 eral Assembly on January 20 — the former's first recorded 
 declaration as to the injustice of slavery. 
 
 March 6, 1837 — The General Assembly adjourns and Lin- 
 coln returns to New Salem. 
 
 April 15, 1837 — Lincoln settles in Springfield and becomes 
 the law partner of John T. Stuart. 
 
 April 27, 1837 — Lincoln attends a three-day term of the 
 McLean Circuit Court at Bloomington, and so begins the cir- 
 cuit riding which was to end in 1860. 
 
UNCOLLECTED WORKS OF LINCOLN 15 
 
 May 25, 1837 — A prolonged and bitter controversy be- 
 tween Lincoln and James Adams, a fellow lawyer of Spring- 
 field, over a tract of land claimed by Adams and the heirs of 
 Joseph Anderson, has its inception at this time. 
 
 June 14, 1837 — Lincoln closes his accounts as postmaster 
 of New Salem, and writes the first of a series of letters, 
 signed Sampson's Ghost and published in the Sangamo 
 Journal, in which he sets forth at length the alleged misdeeds 
 of James Adams. 
 
 June 22, 1837 — Lincoln and associates file the suit of Jane 
 Anderson and her son against James Adams for recovery of 
 ten acres north of Sprigfield title to which, it is alleged, Adams 
 has procured by fraud. 
 
 July 11, 1837 — Licoln takes his seat in the General Assem- 
 bly at Vandalia called in special session by Governor Duncan 
 and by general consent of his party associates exercises Whig 
 leadership in the House. 
 
 July 22, 1837 — The General Assembly adjourns and Lin- 
 coln returns to Springfield. 
 
 August 5, 1837 — Lincoln issues a hand bill setting forth 
 the history of the Anderson-Adams controversy. 
 
 August 7, 1837 — James Adams, ending weeks of turmoil, 
 is elected probate justice of the peace over Dr. Anson G. 
 Henry, Lincoln's devoted friend. 
 
 August, 1837 — About this time Mary Owens rejects Lin- 
 coln's offer of marriage. 
 
 September 4, 1837 — Lincoln writes and files the bill of 
 complaint in his first divorce suit. 
 
 September 30, 1837— A note signed "An Old Settler" and 
 believed to have been written by Lincoln appears in the Sang- 
 amo Journal, the first of a series accusing James Adams of ir- 
 regularities in securing title to certain lots in Springfield. 
 
 December 7, 1837 — Lincoln writes a friend that he and 
 his assocates regard Stephen A. Douglas as "a small matter/' 
 
 January 27, 1838 — Lincoln delivers an address before the 
 Young Men's Lyceum of Springfield on "The Perpetuation of 
 Our Political Institutions" in which he forecasts his thinking 
 and public utterances in later years. The same day a letter 
 signed "A Conservative," one of a series believed to have been 
 written in part by Lincoln, appears in the Sangamo Journal. 
 
 February 24, 1838 — The Sangamo Journal again announces 
 Lincoln as a candidate for the General Assembly. 
 
16 UNCOLLECTED WORKS OF LINCOLN 
 
 May 10, 1838 — During this week Lincoln substitutes for 
 his partner in a debate at Bloomington with Douglas, who is 
 contesting with Stuart for a seat in Congress — the first of 
 many tests of quality between them which were to span a 
 score of years. 
 
 August 6, 1838 — Lincoln is elected to the General Assem- 
 bly for the third time — first in a field of seventeen candidates 
 and Stuart defeats Douglas for Congress by thirtysix votes 
 in a total of 36,495. 
 
 September 29, 1838 — Lincoln speaks at a barbecue of 2,000 
 Whigs who thus celebrate Stuart's election to Congress. 
 
 October 9, 1838 — Lincoln participates in the defense of 
 Henry B. Truett charged with the murder of Dr. Jacob M. 
 Early. 
 
 October 13, 1838 — Truett is acquitted in part as a result 
 of Lincoln's closing plea to the jury. 
 
 November 3, 1838 — Lincoln in an editorial in the Sanga- 
 mo Journal urges the Whigs to pass up Clay and Webster 
 and nominate Harrison for President. 
 
 December 3, 1838 — Lincoln attends the opening of the 
 Eleventh General Assembly at Vandalia, and as the Whig 
 nominee for speaker is beaten on the fourth ballot by W. L. D. 
 Ewing, 38 to 47 votes, but continues as Whig leader on the 
 floor of the House. 
 
 January 16, 1839 — Lincoln drafts a bill establishing the 
 counties of Menard, Logan, and Dane, which in due course 
 is amended and passed by both branches of the General 
 Assembly. 
 
 January 17, 1839 — Lincoln from the finance committee 
 reports a plan to pay for internal improvements by the pur- 
 chase and resale of Federal lands, but the report is tabled to 
 be later referred to a special committee of which Lincoln is 
 made chairman. 
 
 February 27 } 1839 — At an evening meeting of Whigs Lin- 
 coln suggests a committee of nine to draft an address to the 
 people arraigning in detail the misrule of the Van Buren ad- 
 ministration. His suggestion is adopted and he is made a mem- 
 ber of the committee. 
 
 March 2, 1839 — The General Assembly adjourns and 
 Lincoln returns to Springfield. 
 
UNCOLLECTED WORKS OF LINCOLN 17 
 
 April 23, 1839 — At Carthage Lincoln participates in the 
 defense of William Fraim charged with murder. The jury 
 convicts Fraim. 
 
 June 24, 1839 — Lincoln is elected to succeed Samuel H. 
 Treat on the town board of Springfield, and serves until April, 
 1840, when Springfield begins to operate under its city charter. 
 
 September, 1839 — Lincoln meets Mary Todd, cousin of his 
 partner, John Todd Stuart and his future wife. 
 
 October 8, 1839 — The first Whig state convention, which 
 had assembled the previous day chooses Lincoln as a presi- 
 dential elector and appoints him to a state central committee 
 of five members, thus making him a leader of Whig activities 
 in Illinois. 
 
 October 19, 1839 — Lincoln requests a summons in his first 
 case in the United States Circuit Court to which he is admitted 
 to practice by Judge Pope on December 3. 
 
 November 2, 1839 — Stuart leaves to take his seat in Con- 
 gress, and his partner cheerfully enters in the firm's fee book, 
 "Commncement of Lincoln's Administration." 
 
 November 18, 1839 — Beginning of a week of political de- 
 bate between Whig and Democratic leaders which is closed 
 by Lincoln on December 26 in a carefully framed address of 
 which he makes large use in the presidential campaign the 
 following year. 
 
 December 9, 1839 — Called in special session by Governor 
 Carlin the General Assembly meets for the first time in Spring- 
 field and Lincoln is again Whig leader in the House. 
 
 December 23, 1839 — Lincoln writes Stuart that Douglas 
 is in town but is "not now worth talking about." 
 
 February 1, 1840 — The first of seventeen numbers of The 
 Old Soldier, a Whig campaign sheet of which Lincoln is one 
 of the editors, is published from the office of the Sangamo 
 Journal. 
 
 February 3, 1840 — The General Assembly adjourns, and 
 Lincoln writes Stuart that "it has done nothing of import- 
 ance." 
 
 February 10, 1840 — Lincoln addresses a Whig mass meet- 
 ing at Peoria, the first of three score speeches for Harrison 
 he is to deliver during the campaign. 
 
 March 14, 1840 — The Sangamon County Whig conven- 
 tion nominates Lincoln for another term in the General 
 Assembly. 
 
18 UNCOLLECTED WORKS OF LINCOLN 
 
 March 17, 1840 — Lincoln and Douglas argue the issues of 
 the day at Jacksonville. 
 
 May 23, 1840 — At Clinton Lincoln successfully defends 
 Spencer Turner indicted for murder and receives for his fee 
 a ninety-day note for $200. 
 
 June 13, 1840 — As a member of the Whig State Central 
 Committee Lincoln helps to prepare an address to the people 
 of Illinois in behalf of Harrison which is published in The Old 
 Soldier and then issued as a pamphlet. 
 
 June 18, 1840 — Lincoln makes one of his first arguments 
 before the Illinois Supreme Court, appearing for the defendant 
 in the suit of Scammon vs. Cline. 
 
 August 3, 1840 — Lincoln is re-elected to the General As- 
 sembly, but by a reduced majority. 
 
 November, 1840 — Lincoln and Mary Todd after a hectic 
 courtship enter into an engagement to marry. 
 
 November 2, 1840 — Harrison is elected President, but the 
 Democrats, to the chagrin of Lincoln and the joy of Douglas, 
 who has wrought valiantly for his party, carry Illinois. 
 
 November 23, 1840 — Lincoln attends the opening of a 
 called session of the General Assembly. 
 
 December 5, 1840 — For party reasons Lincoln and his 
 friend Joseph Gillespie by jumping out of a window strive un- 
 successfully to prevent a quorum and an adjournment of the 
 Legislature. 
 
 December 7, 1840 — Lincoln attends the meeting of the 
 House for the second session of the Twelfth Gneral Assem- 
 bly and again is Whig leader on the floor. 
 
UNCOLLECTED WORKS OF 
 ABRAHAM LINCOLN 
 
 CHAPTER I 
 THROUGH YOUTH TO MANHOOD 
 
 SURVEY OF PERIOD 
 
 Born on February 12, 1809, in what is now La Rue County, 
 Kentucky, the son of Thomas and Nancy Hauks Lincoln, Abra- 
 ham Lincoln was taken by his parents to Indiana at the age of 
 seven, and in the latter state he secured such scanty education 
 as fell to his lot prior to 1830 when the Lincolns migrated to 
 Illinois. The story of Mr. Lincoln's first twenty-one years is set 
 forth wfth brevity and restraint in the third-person autobio- 
 graphy which he gave to lohn Locke Scripps in June, 1860, 
 shortly after his nomination for the Presidency. <( Before leaving 
 Kentucky," he wrote, "he and his sister were sent, for short 
 periods to A. B.C. schools, the first kept by Zachariah Riney, and 
 the second by Caleb Hazel. . . . Abraham now thinks that the 
 aggregate of all his schooling did not amount to one year. He 
 was never in a college or academy as a student, and never inside 
 of a college or academy building till since he had a law license. 
 What he has in the way of education he has picked up. After 
 he was twenty-three and had separated from his father he 
 studied English grammar — imperfectly of course, but so as to 
 speak and write as well as he now does. He studied and nearly 
 mastered the six books of Euclid since he was a member of 
 Congress. . . . When he was nineteen, still residing in Indiana, 
 he made his first trip on a flatboat to New Orleans. He was a 
 hired hand merely, and with a son of the owner who, with other 
 assistance, made the trip. March 1, 1830, Abraham having just 
 completed his twenty-first year, his father and family, with the 
 families of the two daughters and sons-in-law of his stepmother, 
 left the old homestead in Indiana and came to Illinois." {Mr. 
 Lincoln earlier records that a year after the death of his mother 
 in 1818 his father married at Elizabethtown, Kentucky, Mrs. 
 
20 UNCOLLECTED WORKS OF LINCOLN 
 
 Sarah Johnston, a widow with three children, and that "she 
 proved a good and kind mother" to him.) 
 
 The Lincoln migration to Illinois was made in wagons drawn 
 by ox-teams. Young Lincoln drove one of the teams, and there 
 has come down to us a characteristic incident of the journey 
 which remained vivid in his memory after thirty years. While 
 in attendance in May, 1860, at the Republican state convention 
 at Decatur which proposed him as a candidate for President, 
 Mr. Lincoln was introduced by Jesse K. Dubois to Peter Smith 
 of Lawrence County, Illinois. What he said to Smith was set 
 forth in a letter which the latter on July 17, 1860, addressed to 
 an Ohio cousin, J. Warren Kiefer, and which is now cfwned by 
 the Abraham Lincoln Life Foundation of Fort Wayne, Indiana. 
 "Lincoln gave me a very cordial greeting," Smith wrote his kins- 
 man, "and entered into conversation as an old friend and ac- 
 quaintance. After conversing a while said I to him, 'Lincoln 
 there is a rumor hi circulation in our region about you and I 
 want you to tell me all about it/ 'Well' said he, 'what is it?' 
 'About thirty years ago rumor says that Abraham Lincoln was 
 seen walking barefoot driving an ox team with ox waggon mov- 
 ing a family through our town of Lawrenceville — is that true?' 
 . ... "'In part' says Lincoln. 'About 30 years ago I did drive 
 my father's family through your town of Lawrenceville and I 
 was afoot but not barefoot. In my younger days I frequently 
 went barefooted but on that occasion I had on a substantial pair 
 of shoes — it was a cold day in March and I never went bare- 
 foot in cold weather. I will remember that trip thro' your 
 Country as long as I live. I crossed the Wabash at Vincennes 
 and the river being high the road on the low prairie was cov- 
 ered with water a half mile at a stretch and the water covered 
 with ice — the only means by which I could keep the road was 
 by observing the stakes on each side placed as guides when the 
 water is over the road. 
 
 " 'When I came to the water I put a favorite fist (fice) dog 
 I had along into the waggon and got in myself and whipped up 
 my oxen and started into the water to pick my way across as 
 well as I could — after breaking the ice and wading about Y$ 
 nf a mile my little dog jumped out of the waggon. and the ice 
 being thin he broke through and was struggling for life. I 
 could not bear to lose my dog and I jumped out of the waggon 
 and waided waist deep in the ice and water, got hold of him 
 and helped him out and saved him'." 
 
UNCOLLECTED WORKS OF LINCOLN 21 
 
 "His father and family," Mr. Lincoln wrote in 1860, "set- 
 tled on the north side of the Sangamon River, about ten miles 
 westerly from Decatur. Here they built a log cabin, . . . and 
 made sufficient of rails to fence ten acres of ground, fenced 
 and broke the ground, and raised a crop of sown corn upon it 
 the same year." The succeeding winter, the winter of the deep 
 snow, "Abraham, together with his step-mother's son, John D. 
 Johnston, and John Hanks, hired themselves to Denton Offutt, 
 to take a flatboat from Beardstown to New Orleans, and for that 
 purpose were to join him — Offutt — at Springfield as soon as 
 the snow should go off. When it did go, which was about the 
 first of March, the country was so flooded as to make traveling 
 by land impracticable ; to obviate which difficulty they purchased 
 a large canoe and came down the Sangamon River in it. They 
 found Offutt at Springfield, but learned from him that he had 
 failed in getting a boat at Beardstown. This led to their hiring 
 themselves to him for twelve dollars per month each, and getting 
 the timber out of the trees and building a boat at Old Sanga- 
 mon town, seven miles northwest of Springfield, which boat 
 they took to New Orleans. 
 
 "During this bo at- enter prise acquaintance with Offutt, who 
 was previously an entire stranger, he conceived a liking for 
 Abraham, and believing he could turn him to good account, 
 he contracted with him to act as clerk for him, on his return 
 from New Orleans, in charge of a store and mill at New Salem. 
 Hanks had not gone to New Orleans, but having a family, and 
 being likely to be detained from home longer than at first ex- 
 pected, had turned back from St. Louis" Meanwhile Thomas 
 Lincoln and his wife had "removed from Macon to Coles 
 County. John D. Johnston, went to them, and Abraham stopped 
 indefinitely, and for the first time, as it were, by himself at New 
 Salem. This was in July, 1831, and here he rapidly made friends 
 and acquaintances." 
 
 While he still dwelt in Indiana young Lincoln had become 
 an eager and constant reader of the newspapers, a habit that was 
 to remain with him at New Salem, Vandalia, and Springfield y 
 on the circuit and in Congress, and until the end of his days 
 as President. Thus in February, 1837, before he set out for 
 Illinois, he must have read of the great debate the previous 
 month between Webster and Hayne in the Senate at Washing- 
 ton, and taken to heart the uplifting pledge of the deep-voiced 
 senator from Massachusetts — "Liberty and Union, now and 
 
22 UNCOLLECTED WORKS OF LINCOLN 
 
 forever, one and inseparable" — a pledge that, as the years were 
 to bear zvitness, was to shape his io)wn political creed. 
 
 YOUTHFUL DOGGEREL 
 
 The earliest writing of Abraham Lincoln, which has been 
 spared by time, dates from his brief and interrupted school days 
 in Spencer County, Indiana. It was the surmise of Dr. William 
 E. Barton that the first of the two youthful jingles given below — 
 written by Lincoln no less than five times — he learned from his 
 father, Thomas Lincoln, who had been employed to guard one 
 James Wilson, when the latter was awaiting trial in Kentucky on 
 a charge of counterfeiting. Wilson, who used this jingle, was 
 held not guilty of the charge against him, and his daughter later 
 married John Hanks who in 1830 split rails with Abraham Lin- 
 coln, in Macon County, Illinois, an association which thirty years 
 later was to have a memorable sequel. The second jingle, dated 
 1824, was written on a torn page of Lincoln's Sum Book. 
 
 Abraham Lincoln, 
 
 His hand and pen 
 He will be good, 
 
 But God knows when. 
 
 Abraham Lincoln is my name 
 And with my pen I wrote the same ; 
 I wrote in both haste and speed 
 And left it here for fools to read. 
 
 YOUNG LINCOLN'S BOOK OF EXAMPLES 
 IN ARITHMETIC, 1824-1826 
 
 It is {probable that a page from an old arithmetic copybook 
 made by Abraham Lincoln when attending schotol in Indiana, 
 contains the earliest known signature of the future President. 
 This homemade copybook has had wide dispersal, and it is now 
 possible to locate only a few of its mutilated pages. "I was col- 
 lecting the facts of Mr. Lincoln's life in 1865-6," William Henry 
 Herndon, Mr. Lincoln's partner and future biographer, wrote 
 to a friend on November 9, 1881, "and went into Coles County, 
 Illinois, to see his step-mother; found the motherly, good old 
 
UNCOLLECTED WORKS OF LINCOLN 23 
 
 lady, and took down her testimony, etc. as material of his life. Dur- 
 ing her examination she let drop in her conversation, the fact 
 that Mr. Lincoln when a boy had two copyboooks, in {one of) 
 which he wrote down his sums worked out, and wrote out in 
 his literary one what seemed to him strong, beautiful or good. 
 We, the Lincoln family and myself, commenced the search, and 
 found the arithmetical book, but not the other; it is gone, and 
 gone forever/' 
 
 The arithmetic book consisted of nine-by-twelve pages of 
 plain paper, sewed together with a string on one of the longer 
 edges, and probably once contained as many as a hundred pages. 
 However, when Mr. Herndon first saw the book there were only 
 a few pages remaining, and he was told by Mr. Lincoln's step- 
 mother that "originally it contained more leaves but that the 
 greater number had been lost or destroyed" According to one 
 tradition, Thomas Johnston, a son of John D. Johnston, Mr. 
 Lincoln's stepbrother, "sold part of it at least, page by page, 
 during the war." 
 
 Be this as it may, Mr. Herndon took with him when he re- 
 turned to Springfield from his visit with Sarah Bush Lincoln all 
 that was left of the book, and the dispersal of this remnant be- 
 gan without delay. One page was given by Mr. Herndon to 
 Charles Henry Hart of Philadelphia, and a second he presented 
 on November 9, 1881, to the Soldiers' Memorial Association of 
 Englewood, Illinois. Prior to 1884, Isaac Newton Arnold of 
 Chicago, devoted friend of Mr. Lincoln and another of his bi- 
 ographers, became the owner of several pages. When the Lin- 
 coln Memorial Collection was exhibited in Chicago in 1886 its 
 printed catalogue of manuscripts acquired listed three pages of 
 the sum book. And on July 22, 1893, the New York Times men- 
 tioned John E. Remsburg of Atchison, Kansas, as the owner 
 of two pages. But the greater number of pages distributed by 
 Mr. Herndon, perhaps a full half dozen, went to Jesse W. Weik, 
 who was associated with him in the preparation of his biography 
 of Mr. Lincoln. There follows, substantially in the order of 
 their appearance in the original book, all that is known of the 
 present whereabouts of a majority of the pages given to Mr. 
 Herndon by Sarah Bush Lincoln : 
 
 1 Leland (a) — This leaf, presented to Charles Henry 
 Hart by Mr. Herndon, bears the title, "Multiplication 1824", 
 and on both sides of it appears the full name of Abraham Lin- 
 coln, in all probability his earliest extant autograph. Major Lxim- 
 
24 UNCOLLECTED WORKS OF LINCOLN 
 
 bert and other Lincoln collectors were sucessive owners of this 
 page before it passed into the hands of Wilfred C. Leland, Jr. 
 of Detroit. 
 
 2. Library of Congress — This page has the caption "Sub- 
 straction of Long Measure" and at the bottom, "Abraham Lin- 
 coln, his hand and pen he will be good, but Gdd knows when". 
 This page appears to have passed from Herndon to Weik and 
 finally through Gabriel Wells of New York to the Library of 
 Congress. 
 
 3. Barrett (a) A half -page fragment, now owned by 
 Oliver R. Barrett of Chicago, contains the familiar phrasing 
 " Abraham Lincoln, his hand and pen", to which is added a few 
 lines beginning, "Time zvhat an Empty Vapor 'Tis." 
 
 4. Barrett (b) A page also owned by Mr. Barrett, form- 
 erly in the possession of James W. Keyes and sold at the auction 
 
 ^ in 1894 of the Lincoln Memorial Collection, has on one side the 
 caption "Compound Multiplication", and on the reverse side "To 
 P Exercise Midti plication" with the printed form "ABRAHAM 
 LINCOLN, HIS BOOK" at the bottom of the page. A written 
 example on this page suggests young Lincoln's use of Dab oil's 
 Arithmetic, Page 52. 
 
 5. Brown University — Another half-page fragment has 
 on one side the caption "The Single Rule of Three" , and on the 
 reverse side questions and answers about proportion. 
 
 6. Chicago Historical Society — One of the pages form- 
 erly owned by Isaac Newton Arnold ivhich has on one side the 
 caption "Interest on Money" and on the other side "Discount 
 March 1, 1826". The page on discount is one of the best ex- 
 amples of young Lincoln's use of Daboll as one of the sources 
 of his copy book, its rules and definitions being very like those 
 found on Page 135 of Daboll's Arithmetic. Although none of 
 the pages under discussion reveals a close similarity to the later 
 penmanship of Mr. Lincoln, this page has the closest resemblance 
 to his handwriting in his manhood years. 
 
 7. Leland (b) This page zvas once owned by Major 
 Lambert and was included in the auction of his famous col- 
 lection, passing finally to the late Henry Leland and then to his 
 son, Wilfred C. Leland, Jr. It gives as a caption on one side 
 "Examples in Compound Interest", but the contents of the re- 
 verse side are unknown. 
 
 8. Columbia University — Photostat of what is believed 
 by many students to have been the first page of the copybook. 
 
UNCOLLECTED WORKS OF LINCOLN 25 
 
 One side is headed "Multiplication 1824" and the reverse side 
 "Multiplication Continued". Both sides have been said to con- 
 tain the name of young Lincoln, but the copy of the page now 
 in the Columbia University Library bears no sign of a name, 
 and it is possible that the "Abraham Lincoln Book" of the re- 
 verse side may be his earliest known autograph. 
 
 Al of the pages and half-pages here considered indicate that 
 Mr. Lincoln's mathematical inclining as a boy was out of the or- 
 dinary, and had not a little to do with his success as a surveyor 
 in later years. They make it clear that he was familiar with the 
 contents of the text books of both Pike and Daboll, but, except in 
 one or two instances, fie does not make exact use of them; all 
 of which indicates that the examples in his copybook first had 
 been arranged and presented by his teacher. There has been 
 selected for reproduction in this place the page of the copybook 
 headed Subtraction of Long Measure. 
 See Lincoln Lore, No. 596, September 9, 1840. 
 
 Subtraction of Long Measure 
 
 L M f P 
 71—1—3—10 
 44—2 5 16 
 
 
 y f I B 
 48—0— 1—2 
 12—0— 3—1 
 
 21—1—5—34 
 
 Subr 
 
 36—0—10—1 
 
 71—1—3—10 
 of Land Measure 
 
 48—0—1—2 
 
 
 
 A R P 
 
 4 40 
 
 A 
 
 R P 
 
 4 40 
 
 12—1—10 
 5—3—17 
 
 17- 
 12- 
 
 -3—17 
 -3—23 
 
 6—1—33 
 
 4—3—34 
 
 12—1—10 
 
 17- 
 
 -3—17 
 
 A R P 
 4 40 
 
 28—1— 7 
 19—1—28 
 
 8—3—19 
 
 28—1—7 
 
 (fv^v 
 
26 UNCOLLECTED WORKS OF LINCOLN 
 
 of Drv Measure 
 
 
 
 
 Ch B P 
 
 C 
 
 C p 
 
 g B P 
 
 36—4 
 
 
 36—4 
 
 8-4 
 
 17—2—1 40— 1—2 19—1—1 
 
 10—1—3 16— 5—1 12—7—2 
 
 7—0—2 23—32—1 6—1—3 
 
 17—2—1 40— 1—2 19—1—1 
 
 Which are the Denominations of long measure 
 
 3 Barley cnns. or Be makes 1 Inch in 
 
 4 Inches 1 hand hd 
 
 12 Inches 1 foot ft 
 
 3 feet 1 yard yd 
 
 6 feet 1 fathom yd 
 
 5 yards ,and 1 half 1 Rod pole or pearch 
 
 408 poles 1 furlong fu 
 
 8 furlongs 1 mile M 
 
 3 miles 1 league 1 
 
 60 miles 1 Degree Deg 
 
 M F P Y F T 
 
 17—7—19 14—2— 7 
 
 16—1—14 16—0— 4 
 
 19—1—16 19—1—10 
 
 17—1—19 16—2— 4 
 
 12—1—11 14—2— 5 
 
 18—1—16 14—2— 1 
 
 19—7—14 31—1— 3 
 
 16—6—26 11—0— 1 
 
 136-4—15 
 
 118-4—36 
 
 36- 
 
 -A- 
 
 15 
 
 
 17 
 
 2 
 
 6 
 
 14 
 
 12 
 
 1 
 
 1 
 
 18 
 
 16 
 
 2 
 
 1 
 
 16 
 
 19 
 
 2 
 
 7 
 
 11 
 
 19 
 
 
 
 1 
 
 31 
 
 139 — o — 11 
 
 
 
 124—1— 4 
 
 
 139—0—11 
 
 
 16 1 
 
 10 
 
 
 
 14 2 
 
 4 
 
 1 
 
 17 1 
 
 11 
 
 2 
 
 13 2 
 
 7 
 
 1 
 
 16 1 
 
 4 
 
 2 
 
UNCOLLECTED WORKS OF LINCOLN 27 
 
 17 
 
 2 
 
 1 
 
 12 
 
 17 
 
 1 
 
 
 1 
 
 12 
 
 1 
 
 2 
 
 14 
 
 19 
 
 2 
 
 
 
 2 
 
 19 
 
 1 
 
 1 
 
 14 
 
 19 
 
 2 
 
 1 
 
 2 
 
 36 
 
 2 
 
 2 
 
 10 
 
 36 
 
 
 
 10 
 
 2 
 
 115 
 
 2 
 
 3 
 
 36 
 
 
 
 
 10 
 
 2 
 
 133 2 2 10 10 
 
 THE CHRONICLES OF REUBEN 
 
 During Lincoln's last days in Indiana one of the few per- 
 sonal enmities of his career had issue in a ribald and lusty lam- 
 poon to which he gave the title The Chronicles of Reuben. In 
 January, 1828, Lincoln's sister Sarah, who in August, 1826, at 
 the age of nineteen had married Aaron, the son of Reuben 
 Grigsby, a leading farmer of the neighborhood, died in child- 
 birth, and the brother, grieving sorely at her death, declared it 
 had been due in large measure to the neglect of her husband and 
 his family. Thus was bred an antagonism which took on a sharper 
 edge when in the spring of 1829 two sons of Reuben Grigsby, 
 Reuben, Jr. and Charles, were married on the same day to Betsy 
 Ray and Matilda Hawkins, and Lincoln was not invited to the 
 wedding or the infare that followed it. 
 
 In hot anger twenty-year old Abraham, with a confederate, 
 planned a confusion of brides and grooms to follow the wedding 
 festivities and to be set right as soon as the joke was known to 
 the guests. All befell as contrived and Lincoln wrote an account 
 of the wedding, infare and mixup, phrased in imitation of Old 
 Testament narrative, which he dropped by the roadside and which 
 was found, as the writer purposed, by a member of the Grigsby 
 family. News of its contents spread swiftly through the country- 
 side to be talked over and laughed about and to be committed 
 to memory by neighbors who delighted to repeat it, when oppor- 
 tunity offered, as long as they lived. The victims of the satire 
 however, were able in time to recall its contents without resent- 
 ment. "Yes, they did have a joke on us," Betsy Ray in 1865 
 informed Herndon. "They said my man got into the wrong room, 
 and Charles got into my room. But it wasn't so. Lincoln wrote 
 that for mischief. Abe and my man often laughed about it." 
 
 It is to be noted in closing that another of the individuals for 
 whom the writer harbored just resentment had a place in The 
 
28 UNCOLLECTED WORKS OF LINCOLN 
 
 Chronicles of Reuben. "Chief among them all was Josiah, blow- 
 ing his bugle," had reference to the unsightly nose of farmer 
 Josiah Crawford, the same Crawford who once loaned young 
 Lincoln a copy of We ems 1 "Life of W ashington." When rain 
 came in at the chinks of the loft of the cabin, where the borrozver 
 read and slept, soaking through the book, to pay for it, young 
 Lincoln, for two\ days, pulled fodder for Crawford — an over 
 liberal measure of compensation that long had an unpleasant 
 place in his memory. 
 
 Now there was a man whose name was Reuben, and the 
 same was very great in substance ; in horses and cattle and swine, 
 and a very great household. It came to pass when the sons of 
 Reuben grew up that they were desirous of taking to themselves 
 wives, and being too well known as to honor in their own country 
 they took a journey into a far country and there procured for 
 themselves wives. It came to pass also that when they were 
 about to make the return home they sent a messenger before them 
 to bear the tidings to their parents. These, enquiring of the mes- 
 senger what time their sons and wives would come, made a great 
 feast and called all their kinsmen and neighbors in and made 
 great preparations. When the time drew nigh they sent out twe 
 men to meet the grooms and their brides with a trumpet to wel- 
 come them and to accompany them. When they came near unto 
 the house of Reuben, the father, the messenger came on before 
 them and gave a shout, and the whole multitude ran out with 
 shouts of joy and music, playing on all kinds of instruments. 
 Some were playing on harps, some on viols, and some blowing 
 on ram's horns. Some also were casting dust and ashes toward 
 heaven, and chief among them all was Josiah, blowing his bugle 
 and making sound so great the neighboring hills and valleys 
 echoed with the resounding acclamation. When they had played 
 and their harps had sounded till the grooms and brides approached 
 the gates, Reuben, the father, met them and welcomed them to 
 his house. The wedding feast being now ready they were all 
 invited to sit down and eat, placing the bridegrooms and their 
 wives at each end of the table. Waiters were then appointed to 
 serve and wait on the guests. When all had eaten and were full 
 and merry they went out again and played and sung till night, 
 and dispersed, each going to his own home. The family then 
 took seats with their waiters to converse while preparations were 
 being made in an upper chamber for the brides and grooms to be 
 conveyed to their beds. This being done the waiters took the 
 
UNCOLLECTED WORKS OF LINCOLN 29 
 
 two brides upstairs, placing one in a bed at the right hand of the 
 stairs and the other on the left. The waiters came down, and 
 Nancy the mother then gave directions to the waiters of the 
 bridegrooms, and they took them upstairs but placed them in 
 the wrong beds. The waiters then all came downstairs. But 
 the mother being fearful of a mistake, made enquiry of the 
 waiters, and learning the true facts took the light and sprang 
 upstairs. It came to pass she ran to one of the beds and ex- 
 claimed, "O Lord, Reuben, you are in bed with the wrong wife." 
 The young men, both alarmed at this, sprang up out of bed and 
 ran with such violence against each other, they came near knock- 
 ing each other down. The tumult gave evidence to those below 
 that the mistake was certain. At last they all came down and 
 had a long conversation about who made the mistake, but it 
 could not be decided. So endeth the chapter. 
 
 PETITION SIGNED BY LINCOLN FOR CHANGE 
 OF POLLING PLACE 
 
 In August, 1941, Edwin Davis discovered in the office of the 
 county clerk at Decatur, Illinois, an election petition dated May 
 26, 1830, and granted on lune 7, 1830 by the Commissioners of 
 the Macon County Court, which contains among the forty-five 
 signers the signature of A. Lincoln — his earliest known writing 
 as a citizen of Illinois and the earliest signature after he became 
 of age that has been spared to us. A few weeks before, March 
 15, 1830, Thomas Lincoln, coming from Indiana, had located on 
 the north bank of the Sangamon River, ten miles southwest 
 of Decatur, and with relatives of both his first and second wives 
 residing close at hand. The signatures of several of them, along 
 with that of Abraham Lincoln, appear on the petition requesting 
 a more central location for the polling place in Decdtur Precinct. 
 
 One of the things about which Illinois people were talking 
 in the late May days of 1830, when young Lincoln signed this 
 petition, was the resolute manner in which President lackson was 
 thwarting South Carolina's threat of secession under the inspira- 
 tion and leadership of lohn C. Calhoun. Perhaps the newcomer 
 to Illinois then read for the first time newspaper accounts of the 
 ringing toast offered by Jackson at a Jefferson Day dinner in 
 Washington on April 15, 1830— "Our Federal Union; it must be 
 perserved," a pledge which helped to shape Lincoln's political 
 
 
30 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 < 
 
 creed, and which a generation later was to be the foundation 
 stone of his policy as President. 
 
 PETITION 
 
 To the Hon County Comm Court for the County of Macon 
 
 We the undersigned, qualified voters in Decatur Precinct, 
 earnestly request your honor to change the present place of hold- 
 ing Elections in said Precinct from Permenias Smallwoods to 
 the Court house in Decatur. 
 26th May 1830 
 
 David Miller 
 Thomas Law 
 Saml. D. Dewees 
 D. H. Stewart 
 S. R. Sheppard 
 John Miller 
 M. C. Shaw 
 Charles Lewis 
 S. Sinnett 
 Robert Stewart 
 John Dickey 
 William Dickey 
 William Hall 
 J. B. Brown 
 Squire Hall 
 William Hanks 
 Thomas Cole 
 John Biglow 
 Landy Harell 
 Alfred Hall 
 William F. Horen 
 John Pettyjohn 
 Reuben Brown 
 Endorsement 
 
 James Martin 
 H. I. Armstrong 
 Henry Ewing 
 Joseph Stevens 
 John Grimsley 
 Andrew W. Smith 
 Thomas Cowan 
 I. C. Pugh 
 James Miller 
 Philip D. Williams 
 Buel Stevens 
 David Florey 
 Moses Hand 
 David Owen 
 Randolph Rose 
 Isaac Miller 
 Jas. Johnson 
 John Ballard 
 Phillip Ballard 
 John Hanks 
 John D. Johnston 
 A. Lincoln 
 
 Granted the 7th 
 June 1830 
 
 Filed this 7th June 
 1830 
 
 Change of place of 
 voting in Decatur 
 precinct 
 
UNCOLLECTED WORKS OF LINCOLN 31 
 
 LINCOLN'S FIRST POLITICAL SPEECH IN ILLINOIS, 
 
 <t-* 
 
 DECATUR, JULY OR AUGUST, 1830 
 
 Lincoln made his first political speech in Illinois during a 
 campaign meeting held in Decatur in July or August, 1830. Lin- 
 coln passed the greater part of 1830 at the Macon County home 
 of his kinsman Charles Hanks, helping the latter with a double 
 team of oxen to break prairie. He was thus engaged when William 
 L. D. Ewing and John F. Posey, candidates for the Legislature, 
 came to Decatur to speak, and Hanks and Lincoln took time off 
 to listen to them. The rest of the story is told in the campaign 
 life of Lincoln by William Dean Howells, which, in due time, 
 won its author the post of consul at Venice. Jh*^" 
 
 Posey writes Howells "in violation of venerable precedent 
 and sacred etiquette, failed to invite the sovereigns to drink some- 
 thing. They were justly indignant, and persuaded Lincoln to 
 reply, in the expectation that he would possibly make himself 
 offensive to Posey. Lincoln, however, took the stump with 
 characteristic modesty, and begging his friends not to laugh if 
 he broke down, treated very courteously the two speakers who 
 had preceded him, discussed questions of politics, and in his 
 peroration eloquently pictured the future of Illinois. There was 
 sense and reason in his arguments and his imaginative flight 
 tickled the State pride of the Illinoisans. It was declared that 
 Lincoln had made the best speech of the day; and he, to his 
 great astonishment, found himself a prophet among those of his 
 own household, while his titled fellow orators cordially compli- 
 mented his performance." 
 
 A few weeks after the Howells volume came from the press 
 Lincoln, at the request of a friend — Samuel C. Parks of the town 
 of Lincoln — went carefully through its pages and with a pencil 
 made marginal corrections of occasional errors, but he made no 
 change in or addition to its account of his speech in front of 
 Renshazv s store in Decatur. Macon County pioneers, however, 
 long held to the belief that his remarks included an earnest plea 
 for the inprovement of the Sangamon River for purposes of 
 navigation — a significant detail which prompts regret that Lin- 
 coln, less fortunate than Dr. Johnson, in the summer of 1830, 
 had no Boszvell at hand to report him. 
 
32 UNCOLLECTED WORKS OF LINCOLN 
 
 APPRAISAL OF AN ESTRAY SIGNED BY 
 
 LINCOLN, DECEMBER 16, 1830 Uufe^ 
 
 The document reproduced below, bearing the signature of 
 Lincoln, was discovered in the archives of Macmi County, Illinois, 
 in the summer of 1941 by Edwin D. Davis. In Illinois a century 
 ago whenever an animal strayed from its owner, and was found, 
 the person taking possession of the stray went before a justice 
 of the peace and a full description of the animal was recorded 
 and advertised. The value of the stock was also estimated by 
 some disinterested party. It was in the capacity of appraisers 
 that Lincoln and Reed signed the following affirmation. 
 
 A few days before Lincoln and Reed appraised the mare 
 taken up by J. B. Brown, the elder Francis P. Blair on Decem- 
 ber 7, 1830, had founded the Washington Globe, a journal a 
 few years later most carefully and prayerfully read by the post- 
 master of New Salem. And in time to come the founder and 
 editor of The Globe was to have an intimate and now and again 
 influential part in shaping Mr. Lincoln's course as President. 
 
 We the signers having been called to appraise an Estray 
 Mare Taken up by Jonathen B. Brown on Monday the 12th day 
 of Dec. 1830. Do find horse to be four years old next Spring 
 a bright bay 14 hands high a Small blaze and a stripe in her face, 
 right foot white right fore foot with a white stripe down the 
 hough and white hairs around the edge of the hough no brands 
 perceivable black mane and tail appraised to 30 Dollars. Sworn 
 under our hands this 16th day of December 1830. 
 
 A Lincoln 
 John W. reed 
 
CHAPTER II — LINCOLN IN THE YEAR 1831 
 SURVEY OF PERIOD 
 
 Aside from the trip to New Orleans with its second arrest- 
 ing contact with slavery, and settlement in July at New Salem 
 with its contact with a larger world, its new and helpful friends 
 and its early entrance into politics, Abraham Lincoln's twenty- 
 third year brought other events of personal or general import 
 which were to help shape his own career and the history of an 
 eventful period. The year was marked by the winter of the deep 
 snow, long to remain a poignant memory with Illinois pioneers, 
 while in Boston on January 1, William Lloyd Garrison, four 
 years older than Abraham Lincoln, with paper bought on credit 
 and type set by his own hand, issued the first number of The 
 Liberator, and began his long and unrelenting fight against 
 slavery. It is doubtful if copies of The Liberator ever reached 
 New Salem; it never won more than a modest circulation, and 
 it was kept afloat through the years by gifts from wealthy sup- 
 porters. Moreover, Garrison, narrow of outlook and harsh of 
 speech, had an unrivalled gift for the making of new enemies 
 rather than the retention of old friends of moderate inclining; 
 but he was a natural journalist and for a generation never for 
 a moment stayed his efforts to arouse the people of the North 
 to the mood, which in the end brought the creation of the Repub- 
 lican Party and the election of Abraham Lincoln to the Presi- 
 dency. And in making final estimate of men and measures, it 
 is zvell to recall that in the days that tried men's souls the 
 troubled occupant of the White House had no more loyal nor un- 
 derstanding friend than William Lloyd Garrison. 
 
 May, 1831, brought to these shores a gifted young French- 
 man, Alexis de Tocqueville by name, whose acute and penetrat- 
 ing study in tzvo volumes of Democracy in America, duly trans- 
 lated into English, was to be read and pondered by Abraham 
 Lincoln and his partner, William Henry Herndon. On August 
 21, 1831, came the insurrection in Southampton County, Vir- 
 ginia, led by the bondman Nat Turner, which, with its heavy 
 destruction of property and loss of innocent lives, shook slavery 
 to its foundations, and alarmed and startled the people of the 
 North as well as of the South. And in the newspapers which 
 came to New Salem, young Abraham Lincoln, with sober earn- 
 estness, must have read how on December 12, 1831, the vener- 
 
f 
 
 34 UNCOLLECTED WORKS OF LINCOLN 
 
 able John Quincy Adams hod presented fifteen petitions against 
 slavery to the lower house of Congress, and set afoot with grow- 
 ing determination his long fight, not against human bondage but 
 for the right of petition. 
 
 Finally at a convention in Baltimore, also on December 12, 
 1831, the National Republican Party which three years later, at 
 the instance of James Watson Webb, was to take the name of 
 Whig, nominated for President Henry Clay, the leader long most 
 admired by Abraham Lincoln. 
 
 PETITION FOR CONSTABLE, MARCH 11, 1831 
 
 The appended petition which appears to have been drawn 
 by its first signer, Hiram Watson, presents an interesting if 
 minor Lincoln problem. It seems to have been intended for 
 presentation to the commissioners of Sangamon County in March, 
 1831, but Lincoln made his first appearance in New Salem in late 
 April or early May of that year, when with his employer, Denton 
 Offutt, and his kinsmen, John Hanks and John D. Johnston, he 
 halted there on the first stage of a memorable flatboat journey 
 to New Orleans. This journey accomplished, he returned to New 
 Salem in late July, 1831, to become a clerk in the store Offutt had 
 decided to set up in that village. Therefore it must have been in 
 March, 1831, while at a point on the Sangamon a few miles 
 northwest of the hamlet of Springfield Lincoln 'was engaged in 
 building a boat for the New Orleans trip, that he signed his own 
 and the names of Hanks and Johnston to this petition to the 
 Sangamon Commissioners for the appointment of a constable. 
 There were in all twenty-nine signers and Lincoln's name is the 
 twenty-fourth on the list — his second known signature to a docu- 
 ment after his removal to Illinois. The original of this petition 
 is now in the Illinois State Historical Library at Springfield. 
 
 The Honorable the county commissioners Court of Sanga- 
 mon County at the March term for 1831 — 
 
 We the undersigned citizens would represent to your Hon- 
 orable body that whereas it (is) represented to us that there is a 
 vacancy in the office of constable in the Springfield district, and 
 whereas the statute in such cases made and provided authorises 
 your Honorable Court to fill such vacancy up on petition — 
 
 We therefore request you to fill said vacancy with some suit- 
 able person. 
 
UNCOLLECTED WORKS OF LINCOLN 35 
 
 LINCOLN WITNESSES A BILL OF SALE, 
 OCTOBER 20, 1831 
 
 On October 20, 1831, a few weeks after his settlement in 
 New Salem, Lincoln signed as witness the following bill of sale 
 by which James Richardson conveyed to John Ferguson the New 
 Salem ferry which a short time before he had taken over from 
 William Clary. P> 
 
 This is to certify that I have sould all my Rite and title to 
 the New Salem ferry to John Ferguson this 20th of October 1831. 
 
 James Richerson 
 A. Lincoln, witness 
 
 EARLIEST LEGAL DOCUMENT LINCOLN IS 
 KNOWN TO HAVE WRITTEN 
 
 It was in late July, 1831, that Abraham Lincoln, then in his 
 twenty-third year, settled in New Salem as clerk in the grocery 
 store of Denton Offutt. He was soon called upon to perform 
 services of various sorts for residents of the village and neigh- 
 borhood, and one of these services was the drafting on November 
 12, 1831, of an agreement between James Eastep and Solomon 
 Teter, perhaps with the aid of a book of forms loaned him by 
 his friend Bowling Green, justice of the peace. The original of 
 this, the earliest legal document which Lincoln is known to have 
 written, is now owned by Mrs. Gussie Samuell of Chicago. 
 
 Know all men by these presents that I James Eastep am held 
 and firmly bound in the penal sum of twenty Dollars unto Solo- 
 mon Teter for the conveyance of a certain tract or parcel of land 
 it being the part of a certain tract (situated in St. Clair County 
 and State of Illinois) which falls to my wife as an heir of 
 Abraham Teter deceased. 
 
 The condition of the above obligation is such — If the said 
 James Eastep shall make a good and lawful patent to said Teter 
 for the aforesaid parcel of land by the twelfth day of November 
 in the year of our Lord one thousand eight hundred and thirty- 
 six the above obligation is to be null void and of no effect — 
 Otherwise to Remain in full force and Virtue at law. 
 
 In testimony whereof the said James Eastep has hereunto 
 
 P 
 
36 UNCOLLECTED WORKS OF LINCOLN 
 
 set his hand and seal this twelfth day of November in the year 
 of our Lord one thousand eight hundred and thirty-one. 
 
 James Easter; (Seal) 
 Attest \T 
 
 A. Lincoln 
 
CHAPTER III — LINCOLN IN THE YEAR 1832 
 SURVEY OF PERIOD 
 
 The year 1832, in which fell the twenty-fourth birthday of 
 Abraham Lincoln, was to prove for him another period of broader 
 outlooks and widening experiences. Early in the year the store 
 and milling ventures of young Lincoln's visionary employer, Den- 
 ton Offutt, ended in failure and Offutfs managing clerk was out 
 of a job; but the latter promptly turned to other modest means of 
 support; borrotved and read every book he could find within a 
 radius of a dozen miles, and on March 9, 1832, prompted by some 
 of the good friends he had made during his seven months in New 
 Salem, announced himself as a candidate for a seat in the lower 
 branch of the Illinois Legislature, setting forth his claims in a 
 hand bill in which he championed improvement of the Sang- 
 amon River and more and better schools. 
 
 Young Lincoln had just begun his canvass for the General 
 Assembly when he was selected as one of the pilots of the steam- 
 boat Talisman in its slow and difficult passage up the Sangamon 
 from Beardstown to a point near Springfield, in a widely adver- 
 tised effort to prove it a navigable river. The undertaking 
 brought bankruptcy to its projector and disappointment to the 
 hundreds who hoped for its success, but it won for Pilot Lincoln 
 a fresh contingent of helpful friends. His canvass for the Leg- 
 islature, however, was unexpectedly interrupted by the uprising 
 of Black Hawk and his warriors, and a period of military serv- 
 ice which lasted until the end of July. Then he resumed it with 
 energy, speaking with effect at various rallies, and, although at 
 the election August 6, a fortnight after his return from the field, 
 he stood eighth in a list of thirteen candidates for the General 
 Assembly, he received all but seven of the votes cast in New 
 Salem. 
 
 Young Lincoln's feet were now firmly planted on the first 
 rung of the political ladder, and his interest in politics was quick- 
 ened by what, with a growing sense of their significance, he read 
 in the journals that came to New Salem, of developments in 
 Washington where, during 1832, Jackson's masterful Presidency 
 reached a climax in his veto of a bill to renew the charter of 
 the Bank of the United States, his swift and stern rebuke of 
 South Carolina's attempts to nullify federal laws, and his own 
 triumphant election over Henry Clay to a second term. But for 
 
9 
 
 38 UNCOLLECTED WORKS OF LINCOLN 
 
 young Abraham Lincoln in New Salem the outstanding event 
 of 1832 was the beginning of his friendship with Major John 
 Todd Stuart, who induced him to study law and in due course 
 was to make him his partner — an association that was to have 
 an important and shaping part in his future activities. 
 
 LINCOLN WRITES BILL OF SALE FOR 
 JOHN FERGUSON 
 
 The original of this bill of sale, all in Lincoln's handwriting 
 except the signature, is now in the Illinois State Historical 
 Library. Ferguson was one of half a dozen men who in quick 
 succession owned and operated the ferry across the Sangamon 
 at New Salem. He zvas also one of the redoubtable fighting men 
 who dwelt in and about New Salem in that village's palmy days. 
 Thomas relates that "Sam Hill, a small man himself, once offered 
 a set of dishes to Ferguson — if he would whip Jack Armstrong, 
 with whom Hill had had a quarrel. Ferguson accepted, and, being 
 larger than Armstrong, finally won; but he took such punishment 
 that he later declared that the dishes would have been dear at 
 half the price." See Lincoln's New Salem by B. P. Thomas 
 {Springfield, 1934), Page 26. 
 
 During the month in which this bill of sale was written word 
 came to New Salem that at Baltimore on December 12, 1831, the 
 National Republicans, soon to become the Whig Party, had nomi- 
 nated for President, Henry Clay, the leader for long most ad- 
 mired by young Mr. Lincoln. Perhaps more significant of future 
 events, on the same day in the House at Washington, John Quincy 
 Adams presented eighteen petitions from Pennsylvania asking for 
 the abolition of slavery in the District of Columbia. 
 
 Know all men by these presents that I John Ferguson for and 
 in consideration of the sum of thirty-five dollars have given 
 granted bargained and sold all my right and title in and to the 
 New Salem ferry in Sangamon County unto Alexander Trent. 
 
 In testimony whereof I have hereunto set my hand this 25th 
 January 1832 
 
 John Ferguson 
 
 RECEIPT TO JAMES RUTLEDGE 
 
 This receipt was posted by a later owner on the fly-leaf of 
 the copy of Kirkham's Grammar — English Grammar in Familiar 
 
UNCOLLECTED WORKS OF LINCOLN 39 
 
 Lectures by Samuel Kirk ham, Cincinnati, 1828 — studied by Lin- 
 coln. The book was by him given to Ann Rutledge, and in turn 
 studied by her and other members of her family. 
 
 Those were eventful times, and two days after this receipt 
 was written an expedition led by Nathaniel Jarvis Wyeth left 
 Boston to travel overland to Oregon and to play a decisive part 
 m the settlement of that State. *Q 
 
 "Mr. James Rutledge please to pay the bearer 
 David P. Nelson thirty dollars and this shall 
 be your receipt for the same 
 "March 8th 1832 
 
 A. Lincoln 
 
 for D. Offutt" 
 
 RECEIPT TO WILLIAM SAMPSON 
 
 The original of this interesting reminder of Lincoln's asso- 
 ciation with Denton Offutt is owned by James W. Bollinger of 
 Davenport, Iowa. s^ 
 
 Received of William Sampson in full of all 
 demands up to this day April 21, 1832. 
 A. Lincoln 
 for D. Offutt 
 
 MUSTER ROLL OF CAPTAIN A. LINCOLN'S 
 COMPANY, MAY 27, 1832 
 
 On this muster roll appear the names of a number of men 
 who had intimate association with Lincoln's New Salem days. 
 The first sergeant of the company was Jack Armstrong of Clary's 
 Grove, then and always his unswerving friend, and one of the 
 corporals was William F. Berry, who after their return to New 
 Salem was to become his partner in business with disastrous 
 results. In the ranks were David M. Pantier, son of Lincoln's 
 good friend in the hour of need, Uncle Jimmie Pantier, and David 
 Rutledge, brother of Ann and afterward a leading lawyer of 
 Petersburg. 
 
 Twenty-three year old Abraham Lincoln began his brief 
 military career as captain of a company and ended it a private in 
 the ranks. When the company of volunteers of which he was 
 elected captain on April 21, 1832, was mustered out of service on 
 May 27th he enlisted as a private in the company of Mounted 
 
40 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 ? 
 
 Rangers commanded by Captain lies. The mustering-in officer 
 was Lieutenant Robert Anderson with whom the young man from 
 New Salem was to have historic association in future years. 
 When the company of Mounted Rangers was in turn discharged 
 from ^service, Lincoln re-enlisted for thirty days as a private in 
 the Independent Spy Corps commanded by Captain Jacob M. 
 Early, New Salem preacher and physician, whose career was to 
 have an early and tragic end. One of Lincoln's fellows in the 
 Early company was James Clyman who in one of the intervals 
 of his outstanding career as a mountain man resided for a time 
 in the New Salem neighborhood. Clyman had been born in 1792 
 on a Virginia farm owned by George Washington and in their 
 campfire talks no doubt his New Salem comrade was told that 
 he had more than once seen the father of his country in the flesh. 
 
 Muster Roll of Captain A. Lincoln's Company of the 4th 
 
 
 Reg. of the Brigade of Mounted Volunteers commanded by Brig. 
 
 
 Gen. Samuel Whiteside Mustered out of Service 
 
 at the Mouth 
 
 of Fox River May the 27th, 1832. 
 
 
 
 
 No. Names 
 
 When Where 
 Rank Enrolled Enrolled 
 
 Remarks 
 
 
 1 Abraham Lincoln 
 
 2 Samuel M. Thompson 
 
 Captain April 21Sangamo 
 
 City 
 1 Lieut. April 21 
 
 n 
 
 Resigned 
 30 April 
 Absent on 
 extra duty 
 
 Transferred to 
 a foot com- 
 pany April 29 
 Absent on 
 furlough 
 
 Promoted to 
 3rd Sergeant 
 in room of 
 G. W. Foster 
 April 29 
 
 
 3 John Brannen 
 
 4 John Armstrong 
 
 5 Tavner B. Anderson 
 
 6 George W. Foster 
 
 7 Abadiah Morgan 
 
 2 Lieut. April 21 
 
 1 Serg. April 21 
 
 2 Serg. April 21 
 
 3 Serg. April 21 
 
 4 Serg. April 21 
 
 
 
 8 Thomas Comb 
 
 9 John Plaster 
 
 10 William F. Berry 
 
 11 Alexander Trent 
 
 12 John Erwin 
 
 1 Corp. April 21 
 
 2 Corp. April 21 
 
 3 Corp. April 21 
 
 4 Corp. April 21 
 Private April 21 
 
 
 
 13 John H. Houghton 
 
 14 Thomas Pierce 
 
 15 Samuel Tibbs 
 
 16 Henry Hadley 
 
 17 Samuel Dutton 
 
 18 Calvin Pierce 
 
 19 Joseph Tibbs 
 
 Private April 21 
 Private April 21 
 Private April 21 
 Private April 21 
 Private April 21 
 Private April 21 
 Private April 21 
 
 
 
UNCOLLECTED WORKS OF LINCOLN 
 
 41 
 
 20 
 
 Wm. Kirkpatrick 
 
 Private April 21 
 
 Promoted 
 
 
 
 ' 
 
 from the ranks 
 April 30th 
 
 21 
 
 Cyrus Elmore 
 
 Private April 21 
 
 
 22 
 
 Elijah Pierce 
 
 Private April 21 
 
 
 23 
 
 Lewis W. Farmer 
 
 Private April 21 
 
 
 24 
 
 Bordry Matthews 
 
 Private April 21 
 
 
 25 
 
 Ep. Sullivan 
 
 Private April 21 
 
 
 26 
 
 Valentine Crete 
 
 Private April 21 
 
 
 27 
 
 Charles Sulivan 
 
 Private April 21 
 
 
 28 
 
 James Simmons 
 
 Private April 21 
 
 
 29 
 
 Hugh Armstrong 
 
 Private April 21 
 
 Promoted to 
 1st Lieutenant 
 April 30th 
 
 30 
 
 Allen King 
 
 Private April 21 
 
 
 31 
 
 Joseph Dobson 
 
 Private April 21 
 
 
 32 
 
 David Rankin 
 
 Private April 21 
 
 Transferred to 
 a foot com- 
 pany May 19 
 
 33 
 
 Urbin Alexander 
 
 Private April 21 
 
 
 34 
 
 Henry Cox 
 
 Private April 21 
 
 
 35 
 
 Merritt M. Carman 
 
 Private April 21 
 
 
 36 
 
 Royal Potter 
 
 Private April 21 
 
 
 37 
 
 David M. Pantier 
 
 
 Absent on 
 furlough 
 
 38 
 
 Joseph Hohimer 
 
 Private April 21 
 
 
 39 
 
 George Warburton 
 
 Private April 21 
 
 
 40 
 
 Evan T. Lamb 
 
 Private April 21 
 
 
 41 
 
 Colardey Barnette 
 
 Private April 21 
 
 v 
 
 42 
 
 John M. Rutledge 
 
 Private April 21 
 
 
 43 
 
 William Cox 
 
 Private April 21 
 
 
 44 
 
 Usil Meeker 
 
 Private April 21 
 
 Promoted 
 from the ranks 
 May 2nd 
 
 45 
 
 Richard Jones 
 
 Private April 21 
 
 
 46 
 
 Charles Pierce 
 
 Private April 21 
 
 
 47 
 
 James Clement 
 
 Private April 21 
 
 
 48 
 
 John Y. Lane 
 
 Private April 21 
 
 
 49 
 
 Richard Lane 
 
 Private April 21 
 
 
 50 
 
 Royal Clary 
 
 Private April 21 
 
 
 51 
 
 Pleasant Armstrong 
 
 Private April 21 
 
 
 52 
 
 James Yardley 
 
 Private April 21 
 
 
 53 
 
 David Rutledge 
 
 Private April 21 
 
 Absent with- 
 out leave 
 
 54 
 
 Michall Plaster 
 
 Private April 21 
 
 Absent with- 
 out leave 
 
 55 
 
 John Mounce 
 
 Private April 21 
 
 
 56 
 
 Wm. Hohimer 
 
 Private April 21 
 
 
 57 
 
 Isaac Anderson 
 
 Private April 21 
 
 
 58 
 
 Wm. Marshall 
 
 Private April 21 
 
 
 59 
 
 Wm. Cummins 
 
 Private April 21 
 
 Absent with- 
 out leave 
 
 60 
 
 John Jones 
 
 Private April 21 
 
 
 61 
 
 Travice Elmore 
 
 Private April 21 
 
 Transferred to 
 a foot com- 
 pany April 29 
 
 62 
 
 Wm. Foster 
 
 Private April 21 
 
 
42 UNCOLLECTED WORKS OF LINCOLN 
 
 
 63 
 
 Nathan Drake 
 
 Private April 29 
 
 Beards- 
 town 
 
 
 64 
 
 Robert S. Plunkett 
 
 Private April 29 
 
 Beards- 
 town 
 
 
 65 
 
 Wm. T. Sprouce 
 
 Private April 29 
 
 
 Promoted 
 
 from the ranks 
 
 
 
 
 May 2 
 
 66 
 
 Wm. Clary- 
 
 Private April 29 
 
 
 
 67 
 
 Jacob Heaverer 
 
 Private April 29 
 
 
 
 68 
 
 Isaac Guliher 
 
 Private May 19 
 
 Dixons 
 ferry 
 
 
 I certify on honour that this Muster Roll exhibits a true 
 Statement of Captain A. Lincoln's Company of Mounted Volun- 
 teers of Illinois Militia on this day and that the remarks set op- 
 posite the names are accurate and just. 
 
 A. Lincoln, Capt. 
 
 REPUTED FIRST POLITICAL SPEECH OF 
 LINCOLN, JULY, 1832 
 
 On November 5, 1864, the Illinois State Journal of Spring- 
 field printed the following paragraph probably written by William 
 H. Herndon: 
 
 "The President of the United States made his maiden speech 
 at Pappsville (or Richland) in the year 1832. He was then a 
 Whig and was a candidate for the Legislature of this stdte. The 
 speech is short and sensible. To understand why it is so short, 
 the following facts will show: First, Mr. Lincoln was a young 
 man, say 22 years of age, and timid. Secondly, his friends and 
 opponents in the joint discussion had rolled the sun nearly down. 
 Mr. Lincoln saw that it was not then a proper time to discuss 
 the question full, and hence he cut his remarks short. The time 
 according to W. H. Herndon' 's informant — who has kindly fur- 
 nished this valuable reminiscence for us — was 1832 ; it may have 
 been 1834. The President lived at the time with James A. Hern- 
 don, at Salem in Sangamon County, who heard the speech, talked 
 about it, and knows the report to be correct/' 
 
 Herndon printed this speech in the first edition of his Life 
 of Lincoln, stating that it was delivered on the occasion of a 
 y\» public sale at Pappsville, a hamlet eleven miles west of Spring- 
 field. In those days candidates were always present at a public 
 sale, and those in attendance counted on a series of speeches after 
 the "vandoo", when aspirants for office took the auctioneer's place. 
 The brevity of Lincoln's maiden effort at Pappsville, as indicated 
 
UNCOLLECTED WORKS OF LINCOLN 43 
 
 by the Illinois State Journal, was probably due to the fact that 
 he spoke at the end of a long afternoon of oratory. Nicolay and 
 Hay did not include it in the early editions of their Complete 
 Works of Lincoln, perhaps because of their dislike for Hern- 
 don, and one may reasonably doubt if, either in public or private, 
 Lincoln ever referred to himself as "humble Abraham." 
 
 An anecdote of Lincoln's appearance at Pappsville, preserved 
 by Ida M. Tarbell, deserves a place in this note. While he was on 
 the stand, she writes, (( a fight broke out in his audience, and, 
 observing that one of his friends was being worsted, he bounded 
 into the group of contestants, seized the fellow who had his sup- 
 porter down, threw him, according to tradition 'ten or twelve 
 feet,' mounted the platform and finished his speech." The James 
 A. Herndon referred to in the Illinois State Journal paragraph 
 was a brother of J. Rowan Herndon, Lincoln's stout friend over 
 a long period of years. "Row" Herndon attended the Pappsville 
 sale — held in late July, 1832, after Lincoln's return from the 
 Black Hawk War — and being set upon by friends of a man whom 
 he had recently whipped was saved from disaster in the manner 
 related by Miss Tarbell. See The Life of Abraham Lincoln by 
 Ida M. Tarbell, New York, 1900, Volume I, Page 90, and Lin- 
 coln's New Salem by Benjamin P. Thomas, Springfield, 1834, 
 Page 58. 
 
 It was also in the summer of 1832, July 13 to be exact, that 
 Henry Rowe Schoolcraft reached and named Lake Itasca, and so 
 effected discovery of the source of the Mississippi. 
 
 Fellow citizens, I suppose you all know who I am. I am 
 humble Abraham Lincoln. I have been solicited by many friends 
 to become a candidate for the Legislature. My politics are short 
 and sweet, like the old woman's dance. I am in favor of a 
 national bank. I am in favor of the internal-improvement system 
 and a high protective tariff. These are my sentiments and politi- 
 cal principles. If elected I shall be thankful ; if not it will be all 
 the same. 
 
 LINCOLN SPEAKS IN SPRINGFIELD, 
 AUGUST 4, 1832 
 
 On August 4, 1832, Lincoln and other candidates made their 
 closing speeches of the campaign in the old court house in 
 Springfield. There is no contemporary record of what Lincoln 
 
44 UNCOLLECTED WORKS OF LINCOLN 
 
 said on this occasion, but on July 6, 1875, Stephen T. Logan, his 
 sometime partner and life-long friend, in an interview with 
 William H. Herndon gave arresting memories of the gift of 
 speech of the young man from New Salem at this period of his 
 career. "I never sazv Lincoln," Logan told Herndon, "until he 
 came up here to make a speech . . . He was a very tall and 
 gawky and rough looking fellow then — his pantaloons didn't 
 meet his shoes by six inches. But after he began speaking I 
 became very much interested in him. He made a very sensible 
 speech. It was the time when Benton was running his theory 
 of a gold circulation. Lincoln was attacking Benton's theory 
 and I thought did it very well . . . The manner of Mr. Lincoln's 
 speech then was very much the same as his speeches in after 
 life — that is the same peculiar characteristics were apparent then, 
 though of course in after years he evinced both more knowledge 
 and experience. But he had then the same novelty and the 
 same peculiarity in presenting his ideas. He had the same in- 
 dividuality that he kept up through all his life." 
 
 The manuscript record of Logan's talk with Herndon is now 
 owned by the daughter of John Hay, Mrs. Alice Hay Wadsworth 
 of Geneseo, New York. 
 
 ELECTION RETURN WRITTEN BY LINCOLN AS 
 CLERK, SEPTEMBER 20, 1832 
 
 The first civil office ever held by Lincoln was that of elec- 
 tion clerk, and the return made by him here reproduced was his 
 first offical document. The original is now on file in the county 
 clerk's office at Springfield. Nearly all of the men whose names 
 appear on it had intimate association with Lincoln during his 
 New Salem days or in after years. John Clary, who led the poll 
 for constable, was a resident of Clary's Grove, to which he gave 
 his name, and the first settler within the area of the present 
 Menard County. Clary's principal contestant John R. Herndon, 
 was "Row" Herndon, who sold his store to Berry and Lincoln, 
 and with whom Lincoln boarded for a time. James Rutledge 
 was one of the founders of New Salem and the father of Ann 
 Rutledge. Bowling Green, local Democratic leader and justice 
 of the peace, was also an unfailing and helpful friend of Lincoln, 
 before whom the latter prior to his admission to the bar argued 
 minor cases. 
 
 At an election held at the house of John McNeil in the New 
 Salem precinct in the County of Sangamon and State of Illinois 
 
UNCOLLECTED WORKS OF LINCOLN 45 
 
 on the 20th day of September in the year of our Lord one thou- 
 sand eight hundred and thirty-two the following named persons 
 received the number of votes annexed to their respective names 
 for Constable — 
 
 John Clarfe had Forty-one Votes for Constable 
 
 John R. Herndon had Twenty-two Votes for Constable 
 
 William McNeely had Thirteen Votes for Constable 
 
 Baxter B. Berry had Nine Votes for Constable 
 
 Edmund Green had Four Votes for Constable 
 
 James Rutledge ] 
 
 Hugh Armstrong [Judges of the election 
 James White 
 Attest 
 
 A. Lincoln J _, ' _ , , 
 
 William Green j Clerks of the elect,on 
 I certify that the above Judges and clerks were qualified 
 according to law. 
 
 Bowling Green, J. P. 
 September 20, 1832 
 
 CAPTAIN LINCOLN CERTIFIES TO THE SERVICE 
 OF ONE OF HIS MEN 
 
 This certification was a printed form filled in by Captain 
 Lincoln. t 
 
 I certify, That Lewis W. Farmer volunteered and served 
 as a private in the Company of Mounted Volunteers under my 
 command, in the Regiment commanded by Col. Samuel M. 
 Thompson, in the Brigade under the command of Generals S. 
 Whiteside and H. Atkinson, called into the service of the United 
 States by the Commander-in-Chief of the Militia of the State, 
 for the protection of the North Western Frontier against an 
 Invasion by the British Band of Sac and other tribes of Indians, 
 — that he was enrolled on the 21st day of April 1832, and was 
 Honorably Discharged on the 7th day of June, thereafter, having 
 served 48 days. 
 
 Given under my hand this 21st day of September, 1832. 
 
 A. Lincoln, Capt. 
 
 CAPTAIN LINCOLN CERTIFIES TO THE SERVICE OF 
 
 ANOTHER OF HIS MEN, SEPTEMBER 26, 1832. 
 
 Once again the certification of service is a printed document 
 
 filled in and signed by Lincoln as captain of militia. He penned 
 
 the following words: "David M. Painter, as a private, 2\st April, 
 
 r >^b 
 
46 UNCOLLECTED WORKS OF LINCOLN 
 
 7th June 48 days, 26//z and September/' His rank was printed 
 on- the form used, and it will be noted that in affixing his signa- 
 ture he omitted the use of a period, either single or double, after 
 the letter "A". David was the son of James Pantier, an eccen- 
 tric worthy, wliose stout friendship for Lincoln began in the lat- 
 ter J s New Salem days and endured until his death. The elder 
 Pantier zvas a "faith doctor" noted for his ability to cure snake 
 bites. He was also a constant and devout attendant at camp- 
 meetings and political rallies, and Henry B. Rankin affords an 
 amusing glimpse of him in after years at a Whig gathering in 
 Petersburg where Lincoln was the speaker, and where welcomed 
 to a seat on the platform, he found difficulty in safely stowing 
 his battered hat, and, before he finally settled in his seat, anx- 
 iously remarked, "Abe! J forgot to ax you how Mary and the 
 babies were/' To all of which was returned the reassuring reply : 
 "All well when I left them yesterday morning, Uncle Jimmie. 
 All very zuell, thank you" (See Rankin. "Intimate Character 
 Sketches of Abraham Lincoln," Philadelphia, 1924, Page 44-48.) 
 
 I CERTIFY, that David M Pantier volunteered and 
 served as a private in the Company of Mounted Volunteers 
 under my command in the Regiment commanded by Col. Samuel 
 M. Thompson in the Brigade under the command of Generals 
 S. Whiteside and H. Atkinson, called into the service of the 
 United States by the Commander-in-Chief of the Militia of the 
 State, for the protection of the North Western Frontier against 
 an Invasion of the British Band of Sac and other tribes of 
 Indians, that he was enrolled on the 
 
 21st day of April 1832, and was HONOR- 
 ABLY DISCHARGED on the 7th day of June thereafter, 
 having served 48 days 
 
 Given under my hand this 26th day of September, 1832 
 
 A Lincoln Capt. 
 
 CAPTAIN LINCOLN CERTIFIES TO THE SERVICE 
 OF YET ANOTHER OF HIS MEN 
 
 The words underscored in this document were written by 
 Lincoln. The remainder is a printed form. 
 
 I certify, That Travice Elmore volunteered and served 
 as a private in the Company of Mounted Volunteers under my 
 command, in the Regiment commanded by Col. Samuel M. 
 Thompson, in the Brigade under the command of Generals S. 
 Whiteside and H. Atkinson, called into the service of the United 
 
UNCOLLECTED WORKS OF LINCOLN 47 
 
 States by the Commander-in-Chief of the Militia of the State, 
 for the protection of the North Western Frontier against an 
 invasion of the British Band of Sac and other tribes of Indians, 
 — that he was enrolled on the 21st day of April 1832, and was 
 HONORABLY DISCHARGED on the 7th day of June there- 
 after, having served 48 days 
 
 Given under my hand, this 29th day of September 1832, 
 
 A. Lincoln, Capt. 
 
 NOTE GIVEN BY LINCOLN AND NELSON ALLEY 
 TO JAMES D. HENRY, OCTOBER 20, 1832 
 
 A long-remembered event in the early history of New Salem 
 and Springfield was the attempt to prove that the Sangamon 
 River could be navigated by vessels of moderate draught. This 
 attempt was promoted by Captain Vincent A. Bogue, an enter- 
 prising citizen who owned several mills along the Sangamon. 
 In the winter of 1832 Bogue announced that he had chartered 
 the steamboat Talisman, and would make a trip from Cincinnati 
 along the Ohio and Mississippi and up the Sangamon as soon as 
 the last named stream was free from ice. Leading citizens and 
 business men pledged subscriptions to defray the attendant ex- 
 penses, and in March the Talisman and Captain Bogue arrived 
 at Beardstown, where they were given a noisy and hearty welcome. 
 
 Thence young Abraham Lincoln, who had come down to 
 Beardstown for the purpose, at the cost of much patient and 
 difficult labor, piloted the Talisman to and over the mill-dam at 
 New Salem and on to Bogue 's mill-dam near Springfield. The 
 citizens of the town celebrated its arrival with a dance at the 
 court-house and innumerable dinners in tavern and private homes. 
 But at the end of a week, receding waters caused Pilot Lincoln 
 many an anxious moment on the return trip to Beardstown, where 
 he collected his pay of $40. and then returned on foot to Nezv 
 Salem. As a whole the venture had proved a disappointing and 
 costly one for Bogue and his backers, and before the year's end 
 the Talisman caught fire at a St. Louis wharf and burned to the 
 water s edge. 
 
 This loss completed the financial downfall of Bogue, who 
 shortly departed from the Sangamon country leaving his creditors 
 to quarrel over his doubtful assets. It is probable that Lincoln 
 and Nelson Alley, who was then landlord of the Rutledge Tavern 
 at New Salem, had made a joint pledge of funds for the Talis- 
 
\ 
 
 f 7 
 
 48 UNCOLLECTED WORKS OF LINCOLN 
 
 man's voyage. At any rate on October 30, 1832, Lincoln and 
 Alley gave the note reproduced below to James D. Henry, sheriff 
 of Sangamon County, who was collecting Bogue's assets for dis- 
 tribution among those to whom the doughty captain owed money. 
 This note was not paid when it matured, and on August 10, 1833, 
 suit was filed for recovery, the first civil action against Lincoln 
 in the Sangamon Circuit Court. No defense was offered and on 
 September 13 a default judgment was entered for the plaintiff. 
 Lincoln met this claim as he did all others springing from his good- 
 natured but mistaken optimism as a New Salem business man. 
 He paid it in six instalments, including $11.75 added for costs, 
 the last payment being made on January 28, 1834. It is interest- 
 ing to note that the attorney for the plaintiff in this action was 
 George Forquer, with whom a little later Lincoln was to have a 
 memorable passage at arms. See William H. Towns end, Lincoln 
 the Litigant (Boston, 1925), Pp. 46-53. 
 $104.87^ 
 
 Six months after date we or either of us promise to pay to 
 J. D. Henry, Sheriff of Sangamon County, or order, (for the 
 benefit of the creditors of V. A. Bogue) the sum of one hundred 
 and four dollars eighty-seven y 2 cents, value received this the 
 30th Oct., 1832 
 
 Nelson Alley 
 
 A. Lincoln 
 
 SUMMARY BY LINCOLN AS CLERK OF VOTE AT 
 NEW SALEM, NOVEMBER 5, 1832 
 
 Lincoln on November 5, 1832, voted for presidential elec- 
 tors for the first time, and again served as clerk of election in 
 the New Salem precinct. 
 
 At an election held at the house of Samuel Hill in the New 
 Salem precinct in the County of Sangamon and State of Illinois 
 on the fifth day of November in the year of our Lord one thou- 
 sand eight hundred and thirty-two the following named persons 
 received the number of votes annexed to their respective names 
 for the following described offices (to Wit) 
 Daniel Stooker had one hundred and eighty-five votes for elector 
 
 of President and Vice President 
 Abner Flack had one hundred and eighty-five votes for elector 
 
 of President and Vice President 
 
UNCOLLECTED WORKS OF LINCOLN 49 
 
 James Evans had one hundred and eighty-five votes for elector 
 
 of President and Vice President 
 Adam Darling had one hundred and eighty-five votes for elector 
 
 of President and Vice President 
 John C. Alexander had one hundred and eighty-five votes for 
 
 elector of President and Vice President 
 William B. Archer had seventy votes for elector of President 
 
 and Vice President 
 Leonard White had seventy votes for elector of President and 
 
 Vice President 
 James B. Moore had seventy votes for elector of President and 
 
 Vice President 
 Elijah lies had seventy votes for elector of President and Vice 
 
 President 
 Pierre Menard had seventy votes for elector of President and 
 
 Vice President 
 
 James Rutledge ] 
 
 Bowling Green [-Judges of the election 
 Hugh Armstrong J 
 A. Lincoln [ --' , , . . 
 
 William Green Clerks of the electl0n 
 
CHAPTER IV — LINCOLN IN THE YEAR 1833 
 SURVEY OF PERIOD 
 
 Abraham Lincoln's twenty- fifth year, 1833, was a period 
 of testing and endurance for the best liked young man in New 
 SaJem. After Denton Offutt's failure his late clerk set up as a 
 merchant on his own account, but his store, as he long after 
 whimsically put it, speedily, "winked out' leaving him with a 
 burden of debt of which he did not see the end for upward of 
 a dozen years. "Many young pioneers,'' as Logan Hay has 
 pointed out, "failed in the frontier towns and villages," and, 
 blaming their failure "on the community in which they happened 
 to be living pidlcd up stakes and moved on. Not so Lincoln. 
 He realized that if he could not make a success at New Salem, 
 he could not make a success anywhere. He therefore determined 
 to stand his ground and to attack the problem of making a living 
 in New Salem." 
 
 To meet his modest needs young Lincoln split rails, chopped 
 wood and worked as a field hand on the farms about New Sa- 
 lem. Meanwhile, he continued to read every available book and 
 to study grammar under Mentor Graham, the village school- 
 master. On May 7, 1833, he was appointed postmaster of New 
 Salem by Andrezv Jackson, thus linking his own career with 
 another of great and enduring service, and in the weeks that 
 followed found time, again with Mentor Graham, to study geo- 
 metry and trigonometry in preparation for his work as a deputy 
 surveyor of Sangamon County, a post that shortly came his way. 
 The year 1833 was a year of testing for young Abraham Lin- 
 coln, and he triumphantly met the test. 
 
 And as a devoted Whig and follower of Henry Clay, in the 
 newspapers that came to the New Salem postoffice he followed 
 with absorbed attention the progress of events in Washington 
 — the stern measures taken by Jackson to meet South Carolina's 
 defiance of an obnoxious tariff, and the bitter opposition, not 
 always a just one, of the Whigs in Congress led by Clay to Jack- 
 son and all his works. He must have taken careful note of the 
 fact that in this opposition Clay had been joined by Calhoun, 
 who had resigned the vice presidency and returned to his seat 
 in the Senate to defend the course of his state. A series of reso- 
 lutions, which Calhoun introduced in the Senate on January 22 
 and expounded in a speech of great ability, became a text-book 
 for those who championed the doctrine of strifes rights and a 
 
&* 
 
 UNCOLLECTED WORKS OF LINCOLN 51 
 
 little later, absolute non-intervention zvith slavery, and also had 
 their part in the political education of Abraham Lincoln. 
 
 When on February 12, 1833, Clay, in the role of peace 
 maker and seeking to abate South Carolina's grievances, intro- 
 duced a compromise tariff measure into the Senate, Postmaster 
 Lincoln approvingly watched its swift progress through Con- 
 gress and enactment into law. The force bill having also passed 
 House and Senate, President Jackson on March 2 signed both 
 pieces of legislation; a scant fortnight later South Carolina re- 
 pealed its nullification ordinance, and the final issue of a dispute 
 that threatened to disrupt the Union was postponed for a gen- 
 eration. 
 
 MORTGAGE OF WILLIAM GREEN, JR., TO REUBEN 
 
 RADFORD DRAWN AND ATTESTED BY LINCOLN, 
 
 JANUARY 15, 1833 
 
 On January 15, 1833, William C. Green, Jr., purchased for 
 $400 the store of Reuben Radford in New Salem, giving in pay- 
 ment $23 in cash and two notes, each for $188.50, secured by a 
 mortgage — drawn and attested by Lincoln and reproduced below 
 — on the west half of Lot 5, North of Main Street in New Salem. 
 On the same day the lately formed firm of Berry & Lincoln pur- 
 chased the Radford store from Green far $750, paying $265 
 cash and assuming payment of the two notes given by Green to 
 Radford. The balance of $108 due under this arrangement Berry 
 cancelled by transferring to Green a horse, saddle and bridle of 
 which he was the owner. Thus in a single day Green made a 
 profit of $240. and one horse, and Lincoln incurred the second of 
 a series of unlucky obligations final payment of which was to 
 trouble him for nearly a score of years. The original of the 
 Green mortgage is now in the possession of the Illinois State 
 Historical Society. See Lincoln's New Salem by B. P. Thomas 
 (Springfield, 1934), Pp. 70 to 74. 
 
 A week after Green gave this mortgage to Radford John C. 
 Calhoun, then a member of the Federal Senate from South Caro- 
 lina, presented a series of resolutions to that body in which he 
 set forth with cogency and force the doctrine of states rights. 
 Young Lincoln must have read these resolutions as printed in the 
 newspapers which reached New Salem, and that reading, along 
 with Jackson's bold championship of an inseparable Union, had 
 its place, and a major one, in his political education. 
 William Green, Jr. to Reuben Radford 
 
52 UNCOLLECTED WORKS OF LINCOLN 
 
 
 Know all men by these presents, that I, William Green Jr., 
 of the County of Sangamon and State of Illinois, for and in 
 consideration of the sum of Two hundred dollars, to me in hand 
 paid, the receipt whereof I do hereby acknowledge, have given, 
 granted, bargained and sold, and by these presents do give, grant, 
 bargain and sell, all my right title interest and estate in and to 
 
 The West half of lot number five, North of Main Street, 
 in the first survey, in the town of New Salem, in the county and 
 State aforesaid. 
 
 Together with all and singular the appurtenances thereunto 
 belonging, or in anywise appertaining thereunto — Reuben Rad- 
 ford, his heirs, and assigns forever. 
 
 In testimony whereof I have hereunto set my hand and seal 
 this fifteenth day of January in the year of Our Lord, One 
 Thousand Eight Hundred and Thirty Three. 
 
 William Green Jr. (Seal) 
 Attest: A. Lincoln 
 
 The condition of the above obligation is such, if the said 
 William Green Jr. shall comply with the requisites of two promis- 
 sory notes, made and executed on this day for the sum of one 
 hundred and eighty-eight dollars and fifty cents each, payable 
 to the said Reuben Radford, the above Deed of bargain to be 
 null and void and of no effect. But if the said William Green Jr. 
 shall prove insolvent, and utterly unable to comply with the de- 
 mands of said notes, the above Deed of bargain is to remain in 
 full force and virtue at law. 
 
 In testimony whereof the said William Green Jr. and Reuben 
 Radford have hereunto set their hands this 15th of January, 1833. 
 
 William Green Jr (Seal) 
 Reuben Radford (Seal) 
 State of Illinois 
 
 to-wit 
 i / Sangamon County 
 
 This day personally appeared before the undersigned a 
 Justice of the Peace in and for said County, Abraham Lincoln 
 whose name appears signed as a subscribing witness to the annexed 
 Deed of Conveyance, the said Abram Lincoln, being personally 
 known to me to be the person whose name appears subscribed 
 to the said Deed, and the said Abram Lincoln, after being duly 
 sworn deposeth and saith that the said Deed was executed and 
 delivered in his presence by William Green, whose name appears 
 
UNCOLLECTED WORKS OF LINCOLN 53 
 
 subscribed to the said Deed, that the said William Green whose 
 name appears subscribed to the said Deed is the real person who 
 executed the same, and that he, the said Abram Lincoln, sub- 
 scribed his name as a witness in his presence, and at his request. 
 
 Given under my hand and seal this 10th day of July 1833. 
 Recorded August 1, A. D. 1833 — Robert Cownover, J. P. 
 
 (Seal) 
 
 BOND OF RUTLEDGE, GREEN AND LINCOLN 
 DRAWN BY LINCOLN, JANUARY 31, 1833 
 
 This bond was one of the earliest legal documents drawn by 
 Lincoln and the lot therein mentioned adjoined on the east the Rut- 
 ledge Tavern at New Salem. B. P. Thomas in his Lincoln's 
 New Salem observes that David Rutledge was at that time a 
 minor and had no title to the lot, but adds that "on the frontier 
 circumstances such as these were often of little consequence." 
 It is probable that Rutledge, who was about to become a student 
 at Illinois College, I acksonville , desired to sell this lot in order 
 to raise funds for his tuition and other expenses, and that Lincoln, 
 a possible suitor for his sister Ann, gladly did what he could 
 to help him. Be ihis as it may, on August 26, 1833, delivery not 
 having been effected, the Trents sued Rutledge, Green and Lin- 
 coln in the Sangamon Circuit Court for $150; but three weeks 
 later, September 16, an agreed order was entered in the case dis- 
 missing the suit and providing that "each party pay half of the 
 cost." 
 
 Lincoln did not fare so easily in freeing himself from the 
 heavier obligations he had incurred as a New Salem storekeeper 
 — obligations to which in after years he often humorously alluded 
 as "the national debt" Herndon records that as late as 1848 his 
 partner was sending him part of his salary as congressman to be 
 applied on his debts; but in the end they were paid in full. More- 
 over, Lincoln as President proved his gratitude to "Uncle Jimmie" 
 Short, well-to-do farmer of the New Salem neighborhood, who, 
 because he "liked Abe Lincoln," when the latte/s horse, saddle, 
 bridle and surveying instruments were levied on and sold, bought 
 and returned them to him, for when in turn reverses overtook 
 Short, who in old age had removed to the Farther West, Lincoln 
 appointed him supervisor of the Round Valley Indian Reserva- 
 tion in California at a salary of $1800 a year. 
 Know all men by these presents that we David Rutledge William 
 
N 
 
 
 f 
 
 54 UNCOLLECTED WORKS OF LINCOLN 
 
 Green, Jr. and A. Lincoln are held and firmly bound unto Alex- 
 ander Trent and Martin S. Trent in the penal sum of one hundred 
 and fifty dollars well and truly to be paid unto them — 
 as witness our hands and seals this 31st of Jany — 1833 — 
 
 David Rutledge (Seal) 
 William Green (Seal) 
 A. Lincoln (Seal) 
 
 The condition of the above obligation is such If the above bounded 
 David Rutledge shall make a good and lawful deed of convey- 
 ance to the said Alexander Trent and Martin S. Trent for the 
 East half of Lot Number five South of Main Street in the first 
 survey in the town of New-Salem — on or before the first day 
 of July next the above obligation is to be null and void and of 
 no effect — otherwise to remain in full force and virtue of law. 
 In testimony whereof the said David Rutledge Alexander Trent 
 and Martin S. Trent have hereunto set their hands and seals 
 this 31st day of January 1833 
 
 David Rutledge (Seal) 
 A. Trent (Seal) 
 
 M. S. Trent (Seal) 
 
 PLEA TO THE COUNTY COMMISSIONERS OF 
 
 SANGAMON COUNTY DRAWN AND SIGNED 
 
 BY LINCOLN, FEBRUARY 9, 1833 
 
 This petition gives evidence of the early established custom 
 of the citizens of New Salem to seek Lincoln's services in the 
 matter of petitions. The original is now in the Illinois State 
 Historical Library. See "The Genesis of Lincoln the Lawyer" 
 by Dr. Harry E. Pratt, Bulletin of the Abraham Lincoln Associa- 
 tion, September, 1939, Page 10. 
 
 To the County Commissioners Court for the County of Sangamon 
 when met at their March term for the year 1833 
 We the undersigned citizens of Sangamon County being per- 
 sonally acquainted with Benj. Elmore (who also is resident 
 in said County — ) and knowing him to be insane and wholly 
 unable to earn a livelihood either by labour or any other employ- 
 ment — and to have no relatives who can be lawfully made charge- 
 able for his maintenance Therefore we respectfully request that 
 his case be taken into consideration by your honorable body — 
 New Salem Feb. 9—1833— ^ 
 
 Signed by twenty-she citizens, Lincoln included. All but six 
 signatures are in Lincoln's handwriting. 
 
' 
 
 UNCOLLECTED WORKS OF LINCOLN 55 
 
 RECEIPT WRITTEN BY LINCOLN AND SIGNED 
 BY RICHARD LARIMORE, MAY 7, 1833 
 
 On May 7, 1833, the receipt, reproduced below and now in 
 the files of the Sangamon Circuit Court, was written by Lincoln 
 and signed by Richard Larimore. On the same day Lincoln was 
 appointed by President Jackson to succeed Samuel Hill as post- 
 master of New Salem, the first postoffice established in what is 
 now Menard County. Lincoln was then and for nearly a score 
 of years thereafter an ardent supporter of Henry Clay, but he 
 recalled in a later time that he owed his appointment by a Demo- 
 cratic President to the fact that the office was "too insignificant 
 to make its politics an objection." Nelson Alley and Alexander 
 Ferguson signed Lincoln's $500 bond, and he served as post- 
 master until the removal of the office to Petersburg on May 30, 
 1836. His position gave him an opportunity to scan all news- 
 papers delivered at the New Salem postoffice and confirmed him 
 in the habit of diligent newspaper reading which remained with 
 him through life. It also brought him in friendly contact with 
 most of the settlers in the New Salem region, and contributed 
 in no small measure to the success of his first campaigns for the 
 Legislature. See i( Lincoln the Postmaster" by Benjamin P. 
 Thomas, Bulletin of the Abraham Lincoln Association, June, 
 1833. 
 
 It is also worthy of record that when young Lincoln zvas 
 postmaster at New Salem, John Brown, who a quarter of a cen- 
 tury later was to achieve disputed immortality at Harper's Ferry, 
 was serving in like capacity the people of the village of Randolph, 
 Pennsylvania. 
 John Close, appellee 
 
 vs 
 John Ritter, appellant 
 
 Received of John Close Two dollars and fifty cents being the 
 amount of fees due me for attendance as a witness in a suit in 
 the Sangamon circuit court — John Close vs John Ritter. 
 
 May 7, 1833. Richard Larimore 
 
 The above is all in Lincoln's handwriting except the signa- 
 ture. 
 
 PROMISSORY NOTE OF ABRAHAM LINCOLN, 
 OCTOBER 19, 1833. 
 
 When young Captain Lincoln returned from the Black Hawk 
 War on July 5, 1832, he found himself for the moment a member 
 of the army of the unemployed. At first he considered becoming 
 

 
 56 UNCOLLECTED WORKS OF LINCOLN 
 
 a blacksmith and then planned to begin the study of law, but 
 for the moment decided not to adopt the latter course because of 
 his faulty education. Instead he purchased a half interest in the 
 Herndon Brothers' store in New Salem. William F. Berry, son 
 of Reverend John M. Berry, who had served as a corporal under 
 Lincoln in the Black Hawk War, had purchased a half interest in 
 this store, giving his note in payment. In the same easy manner 
 Lincoln became the owner of the other half interest. In January, 
 1833, the partners bought from its latest owner, William Green, 
 the store of Reuben Radford who had found his career as a New 
 Salem merchant a troubled one. Two months later Berry & 
 Lincoln were granted a license by the county commissioners to 
 operate a tavern. It appears that Berry took out the license and 
 signed Lincoln's name to the bond. It is possible that this caused 
 a dissolution of partnership in April, 1833, when Lincoln dis- 
 posed of his interest in the store to Berry who managed to keep 
 the business alive for another year. When Berry died in January, 
 1835, his estate amounted to little more than $100. The physi- 
 cians who attended him in his last illness took half of this estate 
 against which Lincoln had failed to file a claim. The promissory 
 note here reproduced was given on October 19, 1833, to complete 
 purchase of the Radford store. Lincoln and Berry paid $125.00 
 in cash, leaving a balance due of $254.82. Radford assigned a 
 part of this note to Peter Van Bergen who on April 7, 1834, sued 
 its makers for $500.00 and $50.00 damages. Green was the only 
 defendant served. Upon April 29, 1834, he failed to appear. Judg- 
 ment was given against him and upon November 19, Lincoln and 
 Berry were made parties to this judgment. The balance then due 
 was $154.00, all owed to Van Bergen. Lincoln and Berry were 
 unable to pay and the sheriff levied against their personal pos- 
 sessions including Lincoln's horse, saddle and bridle, and his sur- 
 veying instruments. When these were sold upon execution, as 
 related elsewhere, James Short, a close friend, bid them in and 
 returned them to the young surveyor. Van Bergen at a later date 
 became a client of Lazvyer Lincoln, proving that the suit had 
 caused no ill-zmll upon the part of either man. 
 
 One day after date we or either of us promise to pay Reuben 
 Radford Three hundred & seventy nine dollars and eighty two 
 cents — for value received, as witness our hands and seals this 
 19th day of October 1833— 
 
 W. Berry (Seal) 
 A. Lincoln (Seal) 
 Wm. Green (Seal) 
 
 
 
 
ofi 
 
 UNCOLLECTED WORKS OF LINCOLN 57 
 
 APPRAISAL OF NEW SALEM LOTS 
 
 The original of this appraisal is in the files of Sangamon 
 County. Only the signature is written by Lincoln. The lots 
 appraised were put up for sale to satisfy a judgment, but there 
 were no bidders for them. The store of Berry & Lincoln stood 
 on one of them. 
 
 We the Subscribers being summoned & sworn by D. Dickin- 
 son Deputy Sheriff of Sangamon County to Value Lot No. 5 
 North of Main Street, in first Survey and Lot No. one in Second 
 Survey of the Town of Salem, Levied on as the property of 
 Henry Sinco to satisfy an Execution in favor of Nelson Alley, 
 do Value Lot No. 5 to $100 & Lot No. one to $50. Given under 
 our hands and Seals this 25th day of October 1833. 
 Test 
 
 A. Lincoln 
 
 H. Armstrong 
 
 J. Clement 
 
CHAPTER V— LINCOLN IN THE YEAR 1834 
 SURVEY OF PERIOD 
 
 Abraham Lincoln's twenty-sixth year, 1834, brought him, 
 besides his appointment as deputy surveyor, which called for many 
 surveys in the country adjacent to New Salem, and his duties as 
 postmaster and professor of odd jobs, his second candidacy for 
 and election to the Legislature. His name appeared on April 19 
 in the list of candidates published in the Sangamo Journal, but 
 he made no declaration of principles. This was perhaps due to 
 the fact that, although known to be a Whig, he entered the field 
 largely as a result of the urging of Bowling Green and other 
 Democratic friends. He made an energetic canvass and at the 
 election on August 4 was elected one of the four representatives 
 from Sangamon County, running within fourteen votes of John 
 Dazvson, who received the highest vote. Jn the third person auto- 
 biography, which Mr. Lincoln gave to John Locke Scripps in 
 1860, he makes this reference to an important sequel to the elec- 
 tion of 1834: 
 
 "Major John T. Stuart, then in full practice of the law, was 
 also elected. During the canvass in a private conversation he 
 urged Abraham (to) study law. After the election he borrowed 
 books of Stuart, took them home with him, and went at it in 
 good earnest. He studied with nobody. He still mixed in the 
 surveying to pay board and clothing bills. When the Legislature 
 met, the law-books were dropped but were taken up again at the 
 end of the session." 
 
 During 1934, prompted by young Lincoln's improving for- 
 tunes, some of his creditors sought to collect what was due them 
 as the result of his disastrous store-keeping venture. Thus in 
 November Peter Van Bergen secured a judgment against him 
 and his former partner Berry for $154. and the sheriff seized 
 his horse and surveying instruments. But his good friend Uncle 
 Jimmie Short bid in all the property and loaned the hapless sur- 
 veyor the money with which to repay it. And when the time 
 came for the meeting of the General Assembly at Vandalia, an- 
 other good friend, Coleman Smoot, loaned him $200 with which 
 to pay a Springfield tailor for a new suit of clothes, and to meet 
 his expenses at the capital until he received his salary as repre- 
 sentative from the state. And do, on a late November day, young 
 Lincoln, pressing debts paid and properly clad, took at New 
 Salem the stage for Vandalia to begin his career as a law-maker. 
 
UNCOLLECTED WORKS OF LINCOLN 59 
 
 Both a diligent reader of the newspapers and an ardent Whig 
 — the name adopted by the opponents of Jackson in 1834— young 
 Lincoln continued to take careful note of the progress of the 
 political battle at Washington. On March 28, after three months 
 of debate in which Clay, Benton and Calhoun played leading 
 parts, the Senate censured Jackson for removal of the public de- 
 posits from the Bank of the United States, and on April 27 the 
 President recorded his .protest in a message, admirable in form 
 and content, which the Senate rejected on May 7 , after a debate 
 waged with a violence and harshness up to that time without a 
 parallel in the history of Congress. More abiding in its effects 
 than this war of words was a bill championed by Benton and 
 passed on June 28 regulating the coinage of gold and silver on a 
 basis of 16 to 1, a measure which appealed to men of goodwill, 
 and by starting a new flow of gold to the government mints gave 
 welcome relief to those who bought and sold. And young Lin- 
 coln must have approved a bill passed two days later by Congress 
 which provided for the purchase by the nation of the papers of 
 George Washington whose old comrade-in-arms, Lafayette, had 
 passed from life in his native France on May 20, 1834, at the 
 ripe age of seventy-six years. 
 
 And as a token of westward expansion on April 28, 1834, 
 Nathaniel Jarvis Wyeth left Independence on the expedition in 
 the course of which he was to build Fort Hall, the first settle- 
 ment in what is now Idaho, while on June 21, 1834, Cyrus Hall 
 McCormick received a patent for the reaper which was to hasten 
 the settlement of the Middle West. Finally across the Atlantic, 
 at {the year's end, the first 'ministry of Sir Robert Peel her- 
 alded the coming of a broader and easier future for the common 
 folk of England. 
 
 CERTIFICATE OF SURVEY MADE BY LINCOLN 
 
 It zvas in the latter part of 1833 that Lincoln secured employ- 
 ment as a deputy to John Calhoun, then surveyor of Sangamon 
 County. Calhoun was an active and prominent leader of the Jack- 
 son forces in and about Springfield, and Herndon later surmised 
 that Lincoln owed his appointment to Pollard Simmons, a Demo- 
 cratic friend. He knew nothing of surveying but from Calhoun 
 he borrowed copies of Robert Gibson's "Theory and Practice 
 of Surveying" and Abel Flint's "Treatise on Geometry, Trigo- 
 nometry and Rectangular Surveying," and, enlisting the aid of 
 
? 
 
 60 UNCOLLECTED WORKS OF LINCOLN 
 
 Mentor Graham, he began with these texts to jit himself for his 
 new duties. "Hr studied day and night," writes Thomas. "Often 
 he and Graham were up until midnight interrupting their calcula- 
 tions only when Mrs. Graham ordered them out for a fresh 
 supply of wood for the fire. But he mastered the books, obtained 
 a horse on credit, procured a compass and chain, and by the end 
 of the year was ready to start work." He had been assigned the 
 northern part of Sangamon County — now Menard and the south- 
 ern part of Mason — and on January 14, 1834, performed for 
 Russell Godbey the earliest of his surveys of which there is 
 record, receiving for his labor two buckskins which Hannah, the 
 wife of Jack Armstrong, "foxed" on his trousers to protect them 
 from briars. The tract surveyed for Godbey was six miles north 
 of New Salem and one mile east of the Sangamon River. 
 
 When in 1835 Thomas M. Neale succeeded Calhoun as 
 county surveyor he continued Lincoln as deputy, and there is 
 evidence that the latter did not cease to make surveys until a few 
 months before he left New Salem for Springfield. He had skill 
 as a surveyor, and from the first his work was highly regarded 
 by those called to pass upon it. He surveyed the towns of Albany, 
 Bath, Huron, Lincoln and Nezv Boston, and in February, 1836, 
 resurveyed Petersburg. Roads that he surveyed, "are still in 
 use, and the boundaries of many Menard and Mason County 
 farms were originally run by him." There are also records of 
 surveys by Lincoln of three roads, three school sections and many 
 pieces of farm land. Later Lawyer Lincoln's experiences and 
 knowledge as a surveyor were of great use to him in the conduct 
 of chancery cases in the courts. See "Lincoln's New Salem," by 
 B. P. Thomas, {Springfield, 1834), Pages 68-69 and 74-75. 
 
 1834. Surveyed for Russell Godby— the West half of the 
 y^ Jan. 14 North East quarter of Section 30. in Township 19 North 
 of Range 6 West. Begining at a White Oak 12 inches in dia- 
 meter bearing N 34 E84 Links a White oak 10 inches S 58 W. 98 
 Links — Thence South 40 chains to a White oak 12 inches N 73 
 E 20 Links— Thence East 20 chains to a black Oak 12 inches 
 S 54 W 16 Links — Thence North 40 chains to a Post & mound. 
 — Thence 20 chains to the begining chainmen. 
 
 J. Calhoun S S C 
 Hercules Demming By A. Lincoln 
 
 
UNCOLLECTED WORKS OF LINCOLN 61 
 
 REPORT OF PUBLIC MEETING AT NEW SALEM, 
 MARCH 1, 1834, SIGNED BY LINCOLN AS SECRETARY 
 
 This report of a public meeting held at New Salem on March 
 1, 1834, and printed two weeks later in the Sangamo Journal, 
 recalls the career of an unusual man who, had length of years 
 been granted him, would no doubt have played a large part in 
 the history of Illinois. James Dougherty Henry was born in 
 Pennsylvania in '1797, in his youth served as a private in the 
 second war with Great Britain, learned the trade of shoemaker in 
 Delaware, and, removing to the West, in 1820 settled in Edwards- 
 ville, Illinois. Up to that time he never had had a single day's 
 schooling, but in Edwardsville he worked at his trade by day and 
 attended school at night, in this way securing a fair education. 
 After 1826 he was a merchant in Springfield, and, having a gift 
 for winning and keeping friends, he was twice elected sheriff of 
 Sangamon County. Henry's master ambition, however, was to 
 win success as a soldier. In 1827 he served as adjutant in the 
 Winnebago War, which for a time threatened the safety of the 
 Galena mining district, and a few years later in the Black Hawk 
 War, he was in turn lieutenant-colonel and colonel, commanding 
 a brigade at the battles of Wisconsin and the Bad Axe, his suc- 
 cess in both winning him great popularity. Peace restored, he 
 was in 1832 for the third time elected sheriff, and two years later 
 a growing army of friends began to work for his nomination and 
 election as governor. But exposure as a soldier had induced a 
 disease of the lungs, and vainly seeking in the South a restora- 
 tion to health, he died at New Orleans on March 5, 1834, four 
 days after the meeting in New Salem which Lincoln served as 
 secretary. When on March 15 the Sangamo Journal printed a 
 report of this meeting, General Henry had been more than a zveek 
 in his grave. See, "A Forgotten Hero;' by Frank E. Stevens, 
 Transactions of the Illinois State Historical Society for 1934 
 Pp. 77-120. 
 
 At a respectable meeting of the citizens of New Salem, held 
 pursuant to public notice on Saturday, first March, 1834, for the 
 purpose of nominating a suitable person to fill the office of Gov- 
 ernor of this state, Bowling Green, Esq. was called to the chair 
 and A. Lincoln appointed secretary. The object of the meeting 
 being explained by the chair, Dr. John Allen and Messrs. Nelson 
 Alley and Samuel Hill, were appointed a committee to draft a 
 preamble and resolutions, expressive of the sense of the meeting 
 

 62 UNCOLLECTED WORKS OF LINCOLN 
 
 who, after an absence of a few minutes, presented the following, 
 which were unanimously adopted: 
 
 "Whereas, the election of our executive officer, is always 
 interesting to the people and should at all times demand their 
 deliberate and serious consideration. 
 
 "And Whereas, the financial and infantile situation of this 
 state is such, as to demand more than ever the deliberate atten- 
 tion and united efforts of its inhabitants for the election of a 
 Chief Magistrate who is free from and above every party and 
 sectarian influence ; who respects the rights of his fellow citizens 
 and who has wisdom to devise and energy to execute such laws 
 as are conductive to the political happiness of the people and to 
 the development of the great resources of our state. 
 
 "And Whereas, there is at this time no candidate for that 
 high and responsible office before the people to whom we can, 
 or to whom in our opinion the people in this section of the 
 country, will give a cordial and hearty support, 
 
 "And Whereas, we have the most implicit confidence in the 
 honor, integrity and firmness of our fellow citizen, General James 
 D. Henry; therefore, 
 
 "Resolved, That the patriotic services, discreet and unaspir- 
 ing character of Gen. James D. Henry, are such as to merit the 
 confidence of the people of this state and to place his title to the 
 gubernatorial chair paramount to that of any of the candidates 
 now before the people. 
 
 "Resolved, That we will use every honorable effort to pro- 
 mote the election of Gen Henry to the first office in the gift of 
 the people of this state at the next August election. We recom- 
 mend him to our fellow citizens, as a suitable person for the 
 office, believing that by choosing him, they will confer due honor 
 on an individual and advance the permanent welfare of the state. 
 
 "Resolved, That the proceedings of this meeting be signed 
 by the chairman and secretary and forwarded to the editors of 
 the Sangamo Journal for publication." 
 
 And, on motion, the meeting adjourned. 
 
 Bowling Green, 
 Chairman. 
 A. Lincoln, secretary. 
 
 PETITION TO THE COUNTY COMMISSIONERS' 
 COURT OF SANGAMON COUNTY, MARCH 3, 1834 
 
 V f 
 
 The board of viewers petitioned for in this document seems 
 
UNCOLLECTED WORKS OF LINCOLN 63 
 
 to have been a one-man affair, as Lincoln made the cash deposit 
 required by law, surveyed the route, plotted the road and wrote 
 the report. 
 
 March 3, 1834. Reuben Harrison presented the following 
 petition: We, the undersigned, respectfully request your honor- 
 able body to appoint viewers to view and locate a road from 
 Musick's ferry on Salt Creek, via New Salem, to the county line 
 in the direction of Jacksonville. /><ww^ rr^jUj * 
 
 And Abram Lincoln deposited with the clerk $10., as the law 
 directs. Ordered, that Michael Killion, Hugh Armstrong, and 
 Abram Lincoln be appointed to view said road, and said Lincoln 
 \to act as surveyor. 
 
 RETURN OF LINCOLN AND MENTOR GRAHAM AS 
 
 CLERKS OF AN ELECTION HELD IN THE NEW 
 
 SALEM PRECINCT, MAY 5. 1834 
 
 Lincoln and Mentor Graham served as clerks in the New 
 Salem precinct at an election on May 5, 1834, to choose a suc- 
 cessor to James D. Henry as sheriff of Sangamon County. The 
 original returns in Lincoln's handwriting are now in the Illinois ' — 
 State Historical Library at Springfield. Dr. Garrett Elkin, the 
 successful candidate, received 84 of the 165 votes cast in the New 
 Salem Precinct, but Lincoln and Graham voted for David Dick- 
 inson; so also did Pollard Simmons, John M. Rutledge, Peyton 
 Harrison, Bowling Green, James Pantier, and Jack Kelso, Lin- 
 coln's poetry loving friend. On May 6 Lincoln returned the poll 
 book of this special election to Springfield, and on June 3 the 
 County Commissioners' Court allowed him $1.00 as clerk of the 
 election and $2.00 for returning the poll book. 
 
 At an election held at the house of William F. Berry the 
 New Salem Precinct in the county of Sangamon and State of 
 Illinois on the fifth day of May in the year of our Lord one 
 thousand eight hundred and thirty four the following named per- 
 sons received the number of votes annexed to their respective 
 names for the following described offices to wit 
 Garrett Elkin had eighty four votes for sheriff 
 David Dickinson had seventy seven votes for sheriff 
 Zachariah Peter had four votes for sheriff 
 
 
64 UNCOLLECTED WORKS OF LINCOLN 
 
 Certified by us 
 
 Bowling Green 
 
 Hugh Armstrong t Judges of the election 
 
 David Whray 
 
 Clerks of the election 
 
 Mentor Graham 
 
 I certify that Hugh Armstrong, David Whray, Mentor Gra- 
 ham and A. Lincoln were qualified by me according to law as 
 judges and clerks of the election. 
 
 Bowling Green 
 
 I certify that Bowling Green was qualified by me according 
 
 to law as Judge of the election. 
 
 Mentor Graham 
 i 
 
 REPORT TO THE COUNTY COMMISSIONERS* COURT 
 
 OF SAGAMON COUNY SIGNED BY LINCOLN, 
 
 JUNE 2, 1834 
 
 Under a law passed by the Legislature of Illinois on Febru- 
 ary 19, 1827, surveyors were permitted to charge $3. a day for 
 road work. A later law passed by the Legislature provided that 
 a surveyor should record all surveys made by him in "a well 
 bound book," but if Lincoln kept such a book it has not been 
 found. The John A. Kelso, who served as chain-bearer in the 
 Mustek's ferry survey, was the New Salem idler, fisherman and 
 poetry lover who introduced Lincoln to Shakespeare and Burns. 
 
 We, the undersigned, being appointed to view and locate a 
 road — beginning at Musick's ferry on Salt Creek (via) New 
 Salem, to the county line in the direction of Jacksonville — re- 
 spectfully report that we have performed the duties of said view 
 and location as required by law and that we have made the loca- 
 tion on good ground, and believe the establishment of the same 
 to be necessary and proper — 
 
 The inclosed map gives the courses and distances as required 
 by law — 
 
 Michael Killion 
 Hugh Armstrong 
 A. Lincoln. 
 
 Indorsement in pencil, also in Lincoln's handwriting : 
 A. Lincoln, 5 days at $3.00, $15.00. John A. Kelsoe, chain- 
 bearer, for 5 days at 75 cents, $3.75. Robert Lloyd, at 75 cents, 
 
 1 
 
UNCOLLECTED WORKS OF LINCOLN 65 
 
 $3.75. Hugh Armstrong, for services as axeman, 5 days at 75 
 cents, $3.75. A. Lincoln, for making plot and report. $2.50. 
 
 On Map. 
 
 Whole length of road, 26 miles and 70 chains. Scale, 2 
 inches to the mile. 
 
 RECEIPT OF LINCOLN TO CHARLES R. MATHENY, 
 
 JUNE 3, 1834. 
 (Photostat in Lincoln Life Foundation Scrapbook Files) 
 
 The receipt here reproduced appears to have been penned 
 by Matheny, but was signed by Mr. Lincoln with his character- 
 istic, A.. Lincoln. Matheny, as elsewhere noted, was an early 
 settler in Springfield who served as recorder of Sangamon County 
 from 1821 to 1827, and from 1821 until his death in 1839 as 
 clerk of the county commissioners' court. He signed the certifi- 
 cate of Lincoln's first election to the Illinois Legislature, and in 
 return received the votes of Lincoln, as did his son Noah who 
 succeeded him as clerk. 
 
 The year in which he signed this receipt was a period of 
 present and future meaning for Abraham Lincoln. He was serv- 
 ing &s postmaster of New Salem and late in the preceding year, 
 with Mentor Graham's aid, had qualified for the post of deputy 
 surveyor of Sangamon County under John Calhoun. He was 
 also busy with the plans that on April 19, 1934, caused the San- 
 gamo Journal to include his name in the list of candidates for the 
 Legislature, and on August 4, brought his election to that body. 
 And a little later he may have read in the journals which came 
 to the New Salem postoffice that slavery was about to come to 
 an end in the British possessions, Parliament having awarded 
 owners a compensation of twenty million pounds — a condition 
 that thirty years later no doubt profoundly affected the thought 
 and course of President Lincoln in his efforts to save the Union. 
 
 And the postmaster of New Salem may or may not have 
 heard in the summer of 1834 that in the preceding February, 
 1834, at Cincinnati, the students of Lane Theological Seminary, 
 drawn both from the South and North, for eighteen consecutive 
 nights had hotly discussed the slavery question, and then had 
 formed one of the first anti-slavery societies to come into being 
 in the Middle West. Whereupon the shocked and angry trustees 
 of Lane, a fortnight after young Mr. Lincoln's election to the 
 Legislature, had expelled upward of fifty of the members of the 
 student body, who had refused to forego their right to inquire 
 

 ? 
 
 66 UNCOLLECTED WORKS OF LINCOLN 
 
 into slavery. Then these half a hundred young men with minds 
 of their own, headed by one of their professors and a protesting 
 trustee, flocked off to Oberlin to make that lately founded insti- 
 tution an abolition center, and to champion the opinions zvhich, 
 'ui the fulness of time, led to the organization of the Republican 
 Party and the nomination and election of Abraham Lincoln to 
 the Presidency. 
 
 Reed of C. R. Matheny Clerk $10. 00 
 deposited by me at the last Term of 
 com court on application for a road 
 
 June 3rd 1834 
 
 A.. Lincoln 
 
 CAPTAIN LINCOLN MAKES AFFIDAVIT REGARDING 
 A HORSE LOST BY ONE OF HIS MEN, JUNE 29, 183^.4 
 (Photostat from National Lincoln Life Foundation 
 
 • 
 
 With the exception of Justice of Peace Anderson's attesting 
 to the swearing of the affidavit, this entire paper was penned by 
 Mr. Lincoln. It will be observed that he was already using the 
 extra spacing characteristic of his later legal documents. It will 
 
 
 be also noted that he used the spellings "verrily" and u verry f " a 
 form common in his early legal papers. "Apraisement" in place 
 of the more correct, "appraisement," was one of the errors com- 
 mon to frontier spelling. 
 P State of Illinois 
 
 Sangamon county 
 
 Abraham Lincoln being first duly sworn, states on oath 
 that he was the Captain of one of the companies Illinois 
 volunters, on the expedition directed against the Sac & Fox In- 
 dians in the year 1832, that Isaac Anderson was a volun- 
 teer in said company, that said Anderson had a horse mus- 
 tered into the service of the United States, and valued, (as 
 affiant verrily believes speaking from memory only, the orig- 
 inal apraisement roll, being lost, mislaid or destroyed so that 
 affiant, after diligent search has not been able to find it) at forty- 
 five dollars, that said horse was turned out to graze in conse- 
 quence of sufficient forage not being furnished by the United 
 States, and was thereby lost, that said horse was lost about the 
 tenth of May 1832, and without any fault or negligence on the 
 part of said Anderson. The army was marched from Dixons 
 
UNCOLLECTED WORKS OF LINCOLN 67 
 
 Ferry on Rock River, that being the point where said horse was 
 lost, verry shortly after the loss of said horse — The affiant makes 
 the above statements from memory only, but feels confident they 
 are substantialy correct — 
 
 A.. Lincoln 
 Sworn to & subscribed before me 
 This 29th Day of June 1834/t ?) 
 
 M. K. Anderson, J.P. 
 
 RETURN BY LINCOLN OF ELECTION AT NEW 
 SALEM, OCTOBER 27, 1834. 
 
 William L. May, who led the jNew Salem poll on this oc- 
 casion, was ta pioneer lawyer, who at an early day came from 
 Kentucky to Edwardsville. President Jackson in 1829 appointed 
 him receiver of public moneys for the land office at Springfield, 
 which then became his home, and later he served two terms in 
 Congress, He passed his last years in California. Benjamin 
 Mills, who opposed May for Congress in 1834, was a Galena law- 
 yer of parts. Seventy-two voted at the New Salem election, Lin- 
 coln and Mentor Graham being among the last to cast their ballots. 
 The County Commissioners' Court at its next meeting allowed 
 Lincoln and Graham $1.00 each for clerking this election. 
 
 At an election held at the house of William F. Berry in the 
 New Salem precinct in the county of Sangamon and state of 
 Illinois on the twenty-seventh day of October in the year of our 
 Lord one thousand eight hundred and thirty-four the following 
 named persons received the number of votes annexed to their 
 respective names for the following described office (to Wit) 
 William L. May had Seventy-two votes for Representative to 
 
 Congress 
 James Turney had one vote for Representative to Congress 
 Benjamin Mills had three votes for Representative to Congress 
 
 Certified by us. 
 James Pantier 
 
 Pollard Simmons Judges of the election 
 William Janes 
 Attest A. Lincoln 
 
 Mentor Graham 
 
 Clerks of the election 
 
 P 
 
68 UNCOLLECTED WORKS OF LINCOLN 
 
 I certify that the Judges and Clerks of this Election was 
 Sworn according to Law. 
 New Salem, October 27, 1834 
 
 Bowling Green, J. P. 
 and John Clary 
 Served as Constable 
 
 REPORT OF ROAD SURVEY, NOVEMBER 4, 1834 
 
 To the County Commissioner's Court for the County of 
 Sangamon : 
 
 We, the undersigned, being appointed to view and relocate 
 a part of the road between Sangamon town and the town of 
 Athens, respectfully report that we have performed the duty of 
 said appointment according to law — and that we have made the 
 said relocation on good ground — and believe the same to be 
 necessary and proper. 
 
 James Strowbridge, 
 Levi Cantrall, 
 A. Lincoln. 
 Athens, Nov. 4, 1834. 
 
 Herewith is the map — The court may allow me the following 
 charges if they think proper — 1 day's labor as surveyor . . . .$3.00 
 
 Making map 50 
 
 ^ 
 
 $3.50 
 A. Lincoln. 
 
 LINCOLN AND SAMUEL HILL APPRAISE AN ESTRAY 
 
 FILLY 
 
 This estray notice is in the handwriting of Bowling Green, 
 who filed it with Charles R. Matheny, clerk of the County Com- 
 missioners' Court in Springfield. Matheny then advertised the 
 estray in the newspapers according to law. 
 
 Taken up by Thos. Dowel at his farm in Claries (Clary's) Grove 
 one two year filly Dark bey or Rather Brown fourteen hands 
 high Star on her forehead no brands Appraised to Thirty Dollars 
 by A Lincoln & Saml Hill 
 November 14, 1834 
 
 Bowling Green J P 
 
UNCOLLECTED WORKS OF LINCOLN 69 
 
 FIRST BILL INTRODUCED BY LINCOLN IN THE 
 ILLINOIS LEGISLATURE, DECEMBER 9, 1834 
 
 On November 28, 1834, Lincoln traveled by stage to Van- 
 dalia, capital of Illinois, John Todd Stuart, John Dawson and 
 William Carpenter, the other members of the Legislature from 
 Sangamon County, keeping him company. He wore the best suit 
 of clothes he had owned up to that time. It had been made for 
 him by a Springfield tailor, and he had borrowed money with 
 which to pay for it from his friend Coleman Smoot, a well-to-do 
 farmer of the New Salem neighborhood. He found Vandalia a 
 village of 600 souls perched on a bluff sixty feet above the west 
 bank of the Kaskaskia River. It had a public square and unpaved 
 streets eighty feet wide, and could boast several grist mills, half 
 a dozen public houses and two weekly newspapers; but the greater 
 number of its hundred-odd buildings were log cabins, and there 
 were only two brick structures in the town. One of these, for- 
 merly used by the bank, was now devoted to state offices. 
 
 The other was the State House, a two-story building erected 
 in 1824 but already wearing an air of age and neglect. The hall 
 of the House with a lobby for spectators occupied a part of the 
 ground floor, and above was the Senate chamber and lobby. In 
 this building at 10 o'clock in the morning of Monday, December 
 1, 1834, Lincoln for the first time took his seat as a member of 
 the lower house of the General Assembly of Illinois. Of his 
 fifty-four fellow members, ten had served as officers and many 
 more as privates in the Black Hawk War. More than half of 
 them were farmers and a fourth were lawyers. A majority were 
 natives of Kentucky and Virginia, and only one of Illinois. 
 
 There were among them, many men of ability, education and 
 social charm, some of whom had brought with them to Van- 
 dalia their wives, sisters and daughters. Vandalia offered a sharp 
 contrast to New Salem, and Thomas shrewdly observes that Lin- 
 coln's "first term in the Legislature was a liberal education, more 
 valuable than anything he could learn in books." Other students 
 stress the vital part Lincoln's Vandalia sojourns played in his 
 development. "One wonders," writes Dr. Louis A. Warren, "if 
 Vandalia was not a much more important influence in the life 
 of Abraham Lincoln than New Salem .... a better understand- 
 ing of Lincoln's intellectual advancement might be acquired by 
 paying more attention to historically prominent people with zvhom 
 he was associated at Vandalia instead of placing so much em- 
 
 
70 UNCOLLECTED WORKS OF LINCOLN 
 
 phasis on a few rather obscure characters who lived in the legen- 
 dary and folk lore atmosphere of New Salem." 
 
 Lincoln was appointed one of seven members \of the Com- 
 mittee on Public Accounts and Expenditures, received in due 
 course assignments to other committees, and, while the session 
 was still young, faced his new duties with growing confidence 
 and competence. On December 9, he introduced a bill for "an 
 aet to limit the jurisdiction of Justices of the Peace" — his first 
 attempt at law making. "The justice of the peace bill," writes 
 Pratt, "was probably the fruit of his many discussions with 
 Bowling Green, who had held that office at New Salem since 
 the founding of the settlement. The bill proposed that a justice of 
 the peace should not have jurisdiction of any civil case unless it 
 be in the precinct in which the defendant resided, or in which 
 the contract on which the suit was brought was made and en- 
 tered into, or made payable .... The bill did not please the select 
 committee that took it in charge and they reported a substitute 
 bill. Attempts to amend the substitute on the floor of the House 
 brought its reference to a second select committee . . . This com- 
 mittee wrote a new bill which passed the House, but zvas tabled 
 in the Senate." See B. P. Thomas, "Lincoln's New Salem," Pp. 
 78-80; Lincoln Lore 635, and Pratt "Lincoln Day by Day," 
 1809-1839, (Springfield, 1941), Pp. xxxvi, and 32-33. 
 
 An Act to limit the jurisdiction of Justices of the Peace. 
 
 Be it enacted by the people of the State of Illinois, repre- 
 sented in the General Assembly That Hereafter Justices of the 
 Peace shall not entertain (sic) jurisdiction of any civil case what- 
 ever unless it be in the precinct in which the defendent (sic) 
 resides or in which the contract on which suit is brought was 
 made and entered into, or made payable — any thing in former 
 laws to the contrary notwithstanding. 
 
 This act to be in force from and after the first day of June 
 next. 
 
 MORTGAGE OF NICHOLAS BRYAN TO THOMAS E. 
 PAYNE, DRAWN DECEMBER 8, 1834 
 
 The mortgage and notations here reproduced were not drawn 
 by Mr. Lincoln who was then in Vandalia, but the "(A)" on the 
 cover for the mortgage is in his hand, and he refers to exhibit 
 "A" in the bill of complaint in the suit of Payne vs. Bryan which 
 
UNCOLLECTED WORKS OF LINCOLN 71 
 
 he filed in the Sangamon Circuit Court on February 14, 1838. 
 This mortgage was the basis of that litigation, and is therefore 
 included as part of a case in which Mr. Lincoln represented the 
 defendant. It was Thomas M. Neale, the justice of the peace 
 before whom Bryan executed the mortgage, who, when he be- 
 came county surveyor in 1835, continued Mr. Lincoln one of his 
 deputies. 
 
 I, Nicholas Bryan of Sangamon County and State of Illinois 
 have this day Morgaged to Thomas F. Payne of St. Louis of the 
 State of Missouri the following property to wit one waggon three 
 yoke of Oxen with three yokes and chains four head of horses 
 for head of Milch Cows and Calves forty head of Sheep three 
 plows and gear for three horses one press one bureau four beds 
 bedding and steads too doz Chares too doz plates too doz spoons 
 too sets Knives and forks too doz cups and saucers one pair 
 pitchers three pots three ovens too skillets one iron kettle one 
 brass Kettle one tea Kettle three buckets too flatirons too (too) 
 wayters too Glasses three bbls too tables seventeen head of hogs 
 too thousand lbs. of new bacon thirty lbs. of corn too sacks of 
 hay too stacks of Oats too axes too wedges one saddle and 
 bridle and all other personal property that I own at this time 
 together with all my wright title and interest that I have now 
 or may hereafter have to a certain tract of Land which I bot of 
 William L. May Lying on Spring Creek in Sangamon County — 
 adjoining to Mr. Lasswell and Mr. Crowder containing seventy 
 four acres the express understanding is that the sd Bryan is to 
 have the wright to get his fire wood off of the sd tract of land 
 the above named Property is Mortgaged to sd Payne in order 
 to secure him in a Debt and by note for Seventeen hundred and 
 one dollars Now it is expressly understood that if sd Bryan does 
 pay sd note and Interest thereon that the above named property 
 shall be released otherwise be legally applied to pay the Debt 
 Witness my hand and seal this 8 day of Deer. 1834 
 Albert John Elliott Nicholas Bryan (Seal) 
 
 Be it known that on this day Nicholas 
 
 Brian of said County & State appeared 
 
 before me the undersigned Justice of 
 
 State of Illinois ) the peace and acknowledged that he 
 
 Sangamon County ) executed the within Mortgage for 
 
 the purposes therein expressed 
 Given under my hand & seal January 
 the 2d 1835 T. M. Neale J P D S 
 
72 UNCOLLECTED WORKS OF LINCOLN 
 
 Mortgage 
 Thomas J. Payne 
 
 Filed for Record 
 Jan 3d 1835 
 fee Paid 75 
 (A.) 
 State of Illinois ) _» , „. _ rt ._._ 
 
 Sangamon County ) Recorders off.ce Jan 8 1835 
 
 I Edward Mitchell Recorder of Sangamon County do hereby 
 Certify that this Mortgage is Recorded in this office in Book 
 H Page 88 
 
 E. Mitchell R SC 
 
 By Charles Arnold D S 
 
 NOTICE BY LINCOLN OF A BILL HE INTENDS TO IN- 
 TRODUCE IN THE LEGISLATURE, DECEMBER 9, 1834 
 
 On December 9, 1834, the eighth day of his first term in the 
 Legislature, Lincoln gave the subjoined notice, copied from the 
 original in his handwriting, of his intention to presently introduce 
 a bill authorizing Samuel Musick to build a toll bridge across 
 Salt Creek, in Sangamon County. Musick, who operated a ferry 
 across Salt Creek, contended that increased travel on the road 
 from Springfield to Peoria warranted the building of a bridge, 
 and Lincoln, moved by his habitual desire to serve a friend, on 
 December 15 introduced the bill of which he had given notice. 
 It was amended in minor details by a select committee to which 
 it was referred and of which Lincoln was a member. The 
 amended bill passed the House on December 20, and in due 
 course became a law. 
 
 Mr. Speaker : I now give notice that Thursday next, or some 
 day thereafter I shall ask leave to introduce a bill entitled an 
 act to authorize Samuel Musick to build a toll bridge across Salt 
 Creek in Sangamon County. 
 
 .MOTION BY LINCOLN TO CHANGE THE RULES OF 
 THE HOUSE, DECEMBER 11, 1834 
 
 An unsuccessful effort by Lincoln to change the rules of the 
 popular branch of the Illinois Legislature is thus recorded in the 
 House lournal for 1834-35, Page 103. 
 
 Mr. Lincoln moved that the following be added to the rules 
 of the House, viz: 
 
UNCOLLECTED WORKS OF LINCOLN 73 
 
 "It shall not be in order, to offer amendments to any bill, after 
 its third reading ;" 
 Which was not agreed to. 
 
 LINCOLN SPEAKS IN LEGISLATURE ON BILL TO 
 
 LIMIT JURISDICTION OF JUSTICES OF THE 
 
 PEACE, DECEMBER 24. 1834 
 
 On December 27, 1834, the Illinois Advocate of Vandalia " 
 published the subjoined record of the proceedings of the lower 
 branch of the Illinois Legislature an December 24. But no trace 
 can be found of the speeches which the editor promised to give in 
 a later issue. 
 
 McHenry from select committee reports the bill to "limit the 
 jurisdiction of justices of peace, with an amendment thereto, 
 striking out all after the enacting clause. ,, 
 
 Link offered an amendment, giving the pltf . power to sue in civil 
 cases, either in the precinct where the contract was made, or 
 where the deft, resides. 
 
 McHenry moved the report & pro. amendment be tabled until July 
 4. On report and motion to amend, & to table an animated debate 
 took place, Messrs. Link, Thomas, Webb, Lincoln & McHenry. 
 
 The speeches will hereafter be given. 
 
 f 
 
 ■ . 
 
CHAPTER VI— LINCOLN IN THE YEAR 1835 
 SURVEY OF PERIOD 
 
 Lin-col ns twertty- seventh birthday, February 12, 1835, found 
 him in Vandalia beginning his career as a law maker. The 
 General Assembly of Illinois was then made up of twenty-six 
 senators and forty-five representatives. Many of the senators 
 and representatives, as noted elsewhere, brought their wives and 
 daughters zvith them to Vandalia, and in contacts with them 
 the new member from Sangamon began a belated and much- 
 needed training in the social amenities. The Legislature convened 
 on December 1, 1934 and adjourned on February 13, 1835. Sun- 
 day excepted, the House met on each weekday during this period. 
 There were roll calls on all but eight days, and the records show 
 that Mr. Lincoln was present and voting on every roll call. 
 
 A new member, Mr. Lincoln's only assignment to the stand- 
 ing committees of the House was to the minor one of public 
 accounts and expenditures; but he was appointed from time to 
 time to several select committees ; introduced various bills of 
 concern only to his constituents, and took a keen and intelligent 
 interest in the proceedings of the House. He roomed with Major 
 John Todd Stuart, who was serving his second term as a mem- 
 ber of the House, and who a few months before had advised 
 young Lincoln to study IgfW, and during his weeks at Vandalia 
 began his acquaintance with other members with whom he was 
 destined to soon have close association in politics and at the 
 bar. Then began his friendship with Edwin B. Webb, who was 
 to become his rival for the hand of Mary Todd, and like endur- 
 ing and helpful association with Archibald Williams, Jesse K. 
 Dubois, Jesse W. Fell, William Fithian and John J. Hardin. 
 These first weeks at Vandalia in truth played a vital part in shap- 
 ing the career that then lay ahead of Abraham Lincoln. When 
 they were ended he went back to New Salem, to his duties as 
 postmaster and deputy surveyor and to study of the law books 
 he was borrowing from Stuart and Dummer. 
 
 Meanwhile, in the newspapers that came to New Salem 
 its postmaster found recorded events which he must have noted 
 as of present or future import. Thus, significant of the trend the 
 anti-slavery movement soon was to take in the Middle West, 
 early in February, 1835, the trustees of the lately founded college 
 
UNCOLLECTED WORKS OF LINCOLN 75 
 
 at Oberlin, Ohio, not only declared for the training of both sexes, 
 but also that u the education of people of color shall be encouraged 
 and sustained." The first year only one of the 277 Oberlin stu- 
 dents was colored, but without delay this lone student zvas joined 
 by others of his race. In the end a fifth of the population of the 
 town was negro, and it became a great station on the Under- 
 ground Railroad. 
 
 It is probable that copies of the New York Herald, which 
 lames Gordon Bennett founded on May 6, 1835, rarely if ever 
 reached New Salem, but twenty-five years later its Scotch editor, 
 a law unto himself, was first to oppose and then to give ungrudg- 
 ing support to the policies of President Lincoln who had learned 
 how, in trying times, to turn an enemy into a friend. And a 
 fortnight after the founding of the Herald, on May 20, 1835, the 
 Democratic National Convention at Baltimore nominated Van 
 Bur en for the Presidency and adopted the two-thirds rule which 
 in years to come was to play havoc with the ambitions of its 
 nominee and of more than one other Democratic leader, Stephen 
 A. Douglas, Lincoln's long-time rival, among them. 
 
 The second Seminole War, which was to last for five years, 
 began on November 1, 1835, and a little more than six weeks 
 later, on December 16, an anti-Masonic convention chose as its 
 candidate for President, William Henry Harrison who in the 
 following year demonstrated such strength with the voters that in 
 1840 politicians concerned for the success of their party — Thur- 
 low Weed and Abraham Lincoln were two of them — put aside 
 Henry Clay to make Harrison the Whig nominee. More im- 
 portant in its bearing on the future of Abraham Lincoln, of New 
 Salem, the popular branch of Congress on December 7, 1835, 
 chose for its speaker James K. Polk of Tennessee who, a dozen 
 years later as President, was to extend our national boundaries 
 to the Pacific, determine the destiny of the vast area lying west 
 of the Louisiana Purchase, call forth the Wilmot Proviso — and 
 cost the sole Whig representative of Illinois a second term in 
 Congress. And also in mid-December, 1835, William Ellery 
 Channing published his reasoned book on Slavery, a copy of 
 which later presented by Jesse W. Fell to his friend, Abraham 
 Lincoln, was read and pondered by the latter with far-reaching 
 results. Truly, 1835 was a pregnant year for the postmaster of 
 New Salem. 
 

 *v 
 
 76 UNCOLLECTED WORKS OF LINCOLN 
 
 SPEECH BY LINCOLN ON A SURVEYOR FOR 
 SCHUYLER COUNTY, JANUARY 6, 1835 
 
 In its issue for January 17, 1835, the Sangamo Journal 
 
 printed the summary given below of one of Lincoln's earliest 
 
 speeches, perhaps his first, in the Legislature, delivered on January 
 
 6, 1835. // would appear that the Assembly had appointed a sur- 
 
 vl veyor for Schuyler County when no vacancy existed in that office. 
 
 Mr. Vandeventer gave notice that, although a surveyor had 
 been appointed by the two houses for Schuyler County, there had 
 been no vacancy. Mr. Webb said the last appointment then was 
 a nullity. 
 
 Mr. Lincoln said, that if, as appeared to be the opinion of 
 legal gentlemen, there was no danger of the new surveyor's oust- 
 ing the old one so long as he persisted not to die — he would sug- 
 gest the propriety of letting matters remain as they were, so that 
 if the old surveyor should hereafter conclude to die, there would 
 be a new one ready made without troubling the legislature. 
 
 Stuart offered an amendment to Lincoln's resolution strik- 
 ing out all after the word Resolved and inserting a provision 
 requiring the House to rescind their nomination to that office 
 and requesting the Senate to rescind their appointment. Said 
 amendment was concurred in, and on the motion of Mr. Thomas 
 the resolution was laid on the table. 
 
 RESOLUTION OFFERED BY LINCOLN IN THE 
 ILLINOIS LEGISLATURE, JANUARY 10, 1835 
 
 This resolution manifests the lively interest then taken by 
 the people of Illinois in the disposition of public lands belonging 
 to the United States. It was, however, promptly laid on the 
 table. 
 
 Mr. Lincoln proposed for adoption the following resolution, 
 viz : 
 
 Resolved by the General Assembly of the State of 
 Illinois, That our Senators be instructed, and our Representa- 
 tives requested to use their whole influence in the Congress of 
 the United States, to procure the passage of any law relative 
 to the public lands, by the operation of which, the State of 
 Illinois, would be entitled to receive annually, a sum of money 
 not less in amount than 20 per cent upon the amount annually 
 
UNCOLLECTED WORKS OF LINCOLN 77 
 
 paid into the Treasury of the United States, for public lands 
 lying within the limits of the said State of Illinois. 
 
 Resolved, That the Governor of this State be requested to 
 forthwith transmit a copy of these resolutions to each of our 
 Senators and Representatives in Congress. 
 
 Mr. Thomas moved to refer said resolutions to a committee 
 of the Whole House and make them the order of the day for 
 Tuesday next: which was not agreed to. On motion of Mr. 
 Ficklin, said resolutions were laid upon the table. 
 
 SUMMARY OF SPEECH BY LINCOLN IN THE LEGIS- 
 LATURE DISCUSSING COMMITTEE ON APPRO- 
 PRIATION PROPOSED BY JESSE B. 
 THOMAS, JR, JANUARY 21, 1835 ^K 
 
 The subjoined article from the Illinois Advocate 6f Van- 
 dalia, January 28, 1835, gives a summary of one of Lincoln's 
 first speeches in the Legislature. Jesse B. Thomas, Jr., whose r 
 
 preamble and resolution prompted it, was the nephew of a more 
 widely known namesake. A native of Ohio and a lawyer by 
 profession, he entered the Illinois Legislature in 1834, and quickly 
 became one of the Democratic leaders in that body. Before his 
 term ended he was appointed attorney-general. Later he served 
 as a circuit judge and in 1843 succeeded Stephen A. Douglas as 
 an associate justice of the Supreme Court of Illinois. He died in 
 Chicago in 1852 at the age of forty- four. 
 
 Thomas offered a preamble and resolution, requiring the 
 appointment of a joint select committee to report a bill fixing 
 the ratio for an apportionment of representation for this state, 
 adapted to the census to be taken in the present year. 
 
 Thomas said, the apportionment could be fixed before the 
 census was taken, by saying what number of inhabitants should 
 have a representative, a senator; and it would save the state the 
 great expense of having no representation for four years. The 
 only difficulty which suggested itself to his mind, was that of 
 fixing the senatorial districts. But this, he thought, could be 
 regulated so as to answer all necessary purposes; and if there 
 should be some defects as regards the inequality of represeta- 
 tion in the Senate, they could be remedied in the next session. 
 Mr. Vandeventer moved to lay said res. on the table until July 4. 
 
 Mr. Lincoln said, the reasons offered by the gentleman from 
 Madison would certainly induce him to go against the resolution. 
 
78 UNCOLLECTED WORKS OF LINCOLN 
 
 'The gentleman had said that there would be a difficulty in fixing 
 the Senatorial districts; and, sir, in my humble opinion, there 
 would be an insurmountable difficulty. The districts cannot be 
 arranged, and with a full knowledge of this fact, I have no doubt 
 the House will lay the resolution on the table until the 4th day 
 of July — at least I will vote in that way." 
 
 Vote was taken on tabling until the 4th & tabled, ayes 35, 
 nays 16. 
 
 BILL INTRODUCED IN THE ILLINOIS LEGISLATURE. 
 FEBRUARY 12, 1835 
 
 Success attended Lincoln's second effort as a lawmaker. This 
 bill, which appointed three of his friends commissioners to locate 
 the first section of the S pringfield-Lewiston road, became a law <y ■',' 
 on February 12, 1835. oVN^ 
 
 f 
 
 V 
 
 Sec 1 Be it enacted by the People of the State of Illinois repre- 
 sented in the General Assembly. 
 
 That Reuben Harrison, John Clary and Tandy James be and 
 they are hereby appointed commissioners to view, mark and per- 
 manently locate so much of the State road, leading from Spring- 
 field in Sangamon county to Lewiston in Fulton county, as lies 
 between Springfield and George G. Miller's ferry on the San- 
 gamo river. 
 
 Sec 2 Said commissioners or a majority of them shall meet at the 
 town of Springfield on the second Monday in March next or as 
 soon thereafter as practicable and after being duly sworn by 
 some officer authorized to administer oaths shall proceed to per- 
 form the duties required of them by this act; avoiding as much 
 as possible the injury of private property. 
 
 Sec 3 The said commissioners shall as soon thereafter as con- 
 venient, cause to be filed with the clerk of the county commis- 
 sioners' court of Sangamon a report and complete map of said 
 road — which report and map shall be preserved and shall form a 
 part of the record of said court. Said road when so established 
 shall be kept in repair as other State roads are. 
 Sec 4 The county commissioners court of Sangamon county shall 
 allow to said commissioners, out of the county treasury, such 
 compensation, as to them shall seem just and reasonable. 
 
UNCOLLECTED WORKS OF LINCOLN 79 
 
 LAND SURVEY BY LINCOLN FOR WILLIAM McNEELY, 
 MARCH 10, 1835 
 
 All of this survey is in Lincoln's handwriting. 
 
 Surveyed for William McNeely a part of the of the (sic) 
 South West fractional quarter of Section 30 in Township 18 
 North of Range 7 West. Beginning at the middle of Gum's 
 branch where the Eastern boundary line of said fraction crosses 
 the same at an Ash 7 inches in diameter bearing N 28 W 48 
 links. Thence North 18 chains to the North East corner of said 
 fraction at an Overcup 10 inches S 42 E 92 links. Thence West 
 8 chains & 95 links to a White Oak 10 inches S 36 E 43 links. 
 Thence South 17 chains & 57 links to the middle of the aforesaid 
 branch at a Hackberry 7 inches N 28 W 48 links. Thence up 
 the branch with the meanderings to the beginning. 
 Also, the West half of the South West quarter of Section 21 
 in the aforesaid Township. Beginning at the South West 
 corner of the same at a Post & Mound. Thence East 20 chains 
 to a Post & Mound. Thence North 20 chains to a Post & Mound. 
 Thence West 20 chains to a Post & Mound. Thence South 40 
 chains to the beginning. 
 
 John Calhoun S.S.C. 
 
 By A. Lincoln 
 
 LAND SURVEY BY LINCOLN FOR ARCHIBALD 
 KINCAID, MARCH 24, 1835 
 
 All of this survey is in Lincoln's handwriting. 
 
 Surveyed for Archibald Kincaid the North West fourth 
 of the North East quarter of Section 33 in Township 18 
 North of Range 6 West — Beginning at the North West corner 
 of the same at a White Oak 12 inches in diameter bearing N 
 85 E 17 Links. White Oak 13 inches S 66 W 7 58 Links— 
 Thence S 88 E 20 chains & 21 Links to a White Oak 9 inches 
 S 25 W 27 Links— Thence South 20 chains to a White Oak 24 
 inches East side corner — Thence N 88 W 20 chains & 21 Links 
 to a Spanish Oak 20 inches — corner — Thence North 20 chains to 
 the beginning — 
 
 J. Calhoun SSC 
 By A. Lincoln 
 
 P 
 
 P 
 
9 
 
 80 UNCOLLECTED WORKS OF LINCOLN 
 
 POSTMASTER LINCOLN FRANKS AN ENVELOPE FOR 
 
 M. S. MARSH, SEPTEMBER 22, 1835. 
 
 (Photostat from Lincoln National Life Foundation) 
 
 Postmaster Lincoln franked this letter completely in his own 
 hand. It was sent to a brother of M. S. Marsh of New Salem, 
 who wrote that Postmaster Lincoln left the office open and un- 
 attended, a careless thing in the eyes of Marsh, and he added 
 that there were no high charges for postage by the New Salem 
 postmaster. An interesting note in this franked cover is the fre- 
 quent use of the double period after abbreviations of words, a 
 thing that would lead to the conclusion that the "A" in "A.. 
 Lincoln" was not the only letter to receive a double dot from the 
 future President. 
 
 Free A.. Lincoln P.. M.. 
 
 New Salem, Ills 
 Sept 22 
 Mr. Gee M. Marsh 
 
 Portsmouth 
 
 N.. H.. 
 
 NOTE TO BLAIR & RIVES 
 
 In 1835 Francis P. Blair, Sr., and John C. Rives were pub- 
 lishers of the Washington Globe, stout champion of Jackson and 
 his policies. Twenty-five years later Blair and his two sons took 
 +xin effective part in the nomination and election of Lincoln to 
 tijfix the Presidency. 
 
 New Salem, Ills. 
 Nov. 3, 1835 
 Mesrs. (sic) 
 
 Your subscriber at this place John C. Vance, is dead, and 
 no person takes the paper from the office. 
 
 Respectfully, 
 
 A. . Lincoln, P. M. 
 Blair & Rives 
 
 LINCOLN TO JOSEPH DUNCAN, NOVEMBER 10, 1835. 
 
 No doubt Lincoln and Davis began an enduring friendship 
 while the former was serving his first term in the Leisglature. 
 Davis was state auditor from 1835 to 1846, and later was for 
 many years a prominent and successful lawyer in Alton, Illinois. 
 
 X? 
 
UNCOLLECTED WORKS OF LINCOLN 81 
 
 He was appointed auditor six days after Lincoln wrote Gov- 
 ernor Duncan in his behalf. ^ 
 
 New Salem, Nov. 10th, 1835 
 His Excellency Governor Duncan 
 Dear Sir 
 
 Understanding that Mr. Levi Davis of Vandalia, is an ap- 
 plicant for the office of Auditor of Public Accounts, I take the 
 liberty to say to you, that his appointment to that office would 
 be entirely satisfactory to me, and, I doubt not, to most others 
 who are the friends of qualification and — merit — 
 
 Your Obt Servt 
 A. Lincoln 
 
 RESOLUTION BY LINCOLN TO BUILD A CANAL IN 
 THE SANGAMON RIVER VALLEY, DECEMBER 11, 1835 
 
 Lincoln's advocacy of internal improvements was frequently 
 in evidence during his entire period of service in the Legislature. 
 The subjoined entry in the House Journal for 1835-36, Page 34 
 bears witness to this fact. 
 On motion of Mr. Lincoln, 
 
 Resolved, That a select committee of five be appointed to inquire 
 into the expediency of incorporating a company to construct a 
 canal upon the valley of the Sangamon river, and that they re- 
 port by bill or otherwise. 
 
 Ordered, That Messrs. Lincoln, Brown, Gordon, Carpenter of 
 Sangamon, and Trower, be that committee. 
 
 BILL BY LINCOLN INCORPORATING THE 
 BEARDSTOWN AND SANGAMON CANAL COMPANY. 
 
 On December 12, 1835, Lincoln reported to the lower house 
 of the General Assembly a bill to incorporate the Beardstown 
 and Sangamon Canal Company, one of a score of similar pro- 
 jects which then found advocates in Illinois. This bill Lincoln 
 reported from committee on December 16. It was duly passed 
 by the House and, the Senate assenting, on December 28 be- 
 came a law. Lincoln wrote Section 13 of the bill, the original of 
 which is now in the Illinois State Archives at Springfield. Due to 
 the panic of 1837 and other causes the Beardstown and Sanga- 
 mon Canal never passed the initial stages of promotion. 
 Sec. 1. Be it enacted by the people of the State of Illinois, repre- 
 
82 UNCOLLECTED WORKS OF LINCOLN 
 
 sented in the General Assembly, That Archibald Job, Francis 
 Arenz, Thomas Wilbourn and Benjamin Sutton, of Morgan 
 County ; and John Taylor and Charles Broadwell, of Sangamon 
 County ; and all such persons as shall become stockholders, 
 agreeably to the provisions of this act, are hereby constituted a 
 body corporate, by the name of the "Beardstown and Sangamon 
 Canal Company;" and shall continue for the term of fifty years, 
 from and after the passage of this act. 
 
 Sec. 2. The corporation shall have the right and power to con- 
 struct, and during its existence, to maintain and continue, a canal 
 from Beardstown, on the Illinois river, to a point in township 
 number nineteen north, of range number seven west, on the 
 Sangamon river; from thence to improve the waters of said 
 river, by canal or otherwise, through Sangamon county, into 
 Macon county, as shall or may be agreed on by said company, to 
 transport, take and carry, persons and property on the same; 
 to have, hold, use, and enjoy the same, and the tolls and profits 
 thereof, for and during the period aforesaid. 
 
 Sec. 3. The capital stock of said company shall be three hundred 
 thousand dollars, with liberty to increase the same, from time to 
 time, by new subscriptions, in such manner and form as they 
 shall think proper, if such increase shall be deemed necessary by 
 the company, to fulfill the intent of this act; — which said capital 
 stock shall be divided into shares of one hundred dollars each, 
 which shall be deemed personal property, and transferable in 
 such manner as the said corporation shall direct. 
 
 Sec. 4. That Archibald Job, James Arenz, Thomas Wilbourn, 
 Thomas Beard, Benjamin Sutton, Allen F. Lindsey, John Taylor 
 and Charles Broadwell, are hereby appointed commissioners, the 
 duty of whom or a majority of them, shall be, within one year 
 after the passage of this act, to open books, at some suitable 
 place in Beardstown, Springfield and Decatur to receive sub- 
 scriptions to the capital stock of said corporation, and to do such 
 other things as in their opinion is best calculated to get stock 
 taken ; thirty days public notice shall be given by said commis- 
 sioners of the time and place of the opening of said books, in one 
 or more of the public newspapers in each of the said places. 
 The said commissioners shall receive no subscriptions, unless 
 five dollars on each share subscribed, be paid at the time of sub- 
 scription ; and as soon as the whole of the stock, or twenty-five 
 thousand dollars thereof, shall be subscribed, to give a like notice 
 
UNCOLLECTED WORKS OF LINCOLN 83 
 
 for a meeting of the stockholders, to choose five directors; and 
 such election shall then and there be made, by such stockholders 
 as may attend, either in person or by proxy ; and persons having 
 the highest number of votes, shall be duly elected : each share of 
 capital stock, owned ten days previous to an election, shall en- 
 title the owner to one vote. The commissioners who receive 
 subscriptions of stock, shall be inspectors of the first election, 
 and shall certify under their hands and seals, the names of those 
 elected directors, and deliver over the moneys, books and papers 
 to said directors. The first meeting of the directors shall be 
 held at Beardstown, within ten days after the election. 
 Sec. 5. That in case the capital stock in whole, or twenty-five 
 thousand dollars thereof, shall not have been subscribed, at the 
 places named in the foregoing section, after the books have been 
 kept open ten days, then the said commissioners shall be au- 
 thorized to re-open said books for the subscription of stock, at 
 such times and places, and in such manner, and after such notice, 
 and under the direction of one or more, as a majority of them 
 shall direct. And in case a greater amount of capital stock shall 
 be subscribed for than necessary for construction of the whole, 
 or such part of the canal as the directors shall designate, the 
 excess shall be taken from each subscriber in proportion to the 
 amount subscribed. 
 
 Sec. 6. At the first meeting of the directors after an election, 
 they shall choose one of their own body as president; and the 
 directors first elected, shall continue in office until the first Mon- 
 day in June, next after their election, and until others are chosen : 
 and elections shall be held annually thereafter, on the first Mon- 
 day in June, at such place as the directors shall designate. Each 
 subsequent election shall be held under the direction of three 
 stockholders, not being directors, who shall previously be ap- 
 pointed for that purpose, by the directors. All elections shall be 
 by ballot. No person shall be a director, who shall not at the 
 time of the election, own one hundred dollars of stock. In case 
 an equal number of votes shall at any time be given for two or 
 more persons for director, those having a plurality of votes shall 
 determine, by ballot, who shall be entitled to the office. 
 Sec. 7. In case it shall at any time happen, that no election shall 
 be held for directors, at the time required by this act, the said 
 corporation shall not thereby be dissolved; but the directors in 
 office shall continue until their successors are elected. 
 Sec. 8. The said directors shall cause such examinations and 
 

 84 UNCOLLECTED WORKS OF LINCOLN 
 
 surveys to be made, as may be necessary to the selection by 
 them, of the most advantageous line, course, or way for the said 
 canal, from Beardstown to such point or place on the Sangamon 
 river, as they shall designate, for the termination of the same; 
 and shall locate the same on the most advantageous route; and 
 after such location, shall make a map thereof, and certify under 
 their hands and seals, upon such map, the courses and distances 
 of the route selected, describing the land through which it passes, 
 and file one copy of such map and certificate with the recorder 
 of each county through which said canal is intended to pass: 
 and the said company shall be authorized to construct and make 
 the said canal on the route so located. 
 
 Sec. 9. The said corporation shall have the power to purchase, 
 receive and hold, such real estate as may be necessary and useful 
 in the accomplishment of the objects of its creation; and shall 
 be authorized to have and hold, any and all lands which may be 
 given, granted or donated to the same, by the United States, or 
 by any person, or body politic, and to sell and convey the same. 
 It shall also be authorized to enter upon, and use any and all 
 lands, over and upon which said canal may pass, and so much 
 of said land as may be necessary to the construction of the canal, 
 and the convenient use and enjoyment of the same; also to take 
 and use timber, stone, and such other materials as may be indis- 
 pensible to the construction and maintenance of said canal; 
 Provided, That said company shall pay to the owner or owners 
 of land, entered upon and used as aforesaid, the damages sus- 
 tained by such owner or owners; and also the owner or owners 
 of timber, stone, and materials, the value thereof, before entering 
 upon and taking the same. And if said company and owner or 
 owners, shall be unable to agree upon the damages sustained by 
 the entering upon and using land and real estate, or the value 
 of timber, stone and materials, such damage, or the value of 
 materials aforesaid, shall be ascertained under, and according to 
 the provisions of the act, entitled "An act concerning the right 
 of way, and for other purposes," approved 28th February, 1833. 
 
 Sec. 10. The said company shall be authorized to use the waters 
 of the Sangamon river, to supply the canal, or otherwise; and to 
 make such dams or locks as may be necessary to procure a suf- 
 ficient quantity of water for the use of the canal, or otherwise; 
 Provided, No dam or lock shall be constructed across said river, 
 as to injure the navigation thereof ; And Provided, also That 
 said company shall be responsible for all damages sustained by 
 
UNCOLLECTED WORKS OF LINCOLN 85 
 
 the overflowing of any lands, by the owner thereof ; and also 
 for all damages sustained by the making dams or locks upon the 
 land of any person or persons whatsoever. In case the said canal 
 shall cross any water course, or public road, the same shall be 
 so constructed as not to injure the use of such water course, 
 or road. 
 
 Sec. 11. The directors of said company shall have power to tran- 
 sact all the business of said corporation, and to this end may 
 appoint such agents, clerks or servants, engineers, and other 
 persons, as may be deemed necessary to attend to, and manage 
 the business of the company. They shall also have power to 
 prescribe all such rules, and to adopt all such bye-laws, touching 
 the management and disposition of the stock, property, and estate 
 of the company, and touching the conduct and duties of all per- 
 sons employed by the company, as may be necessary, and not 
 inconsistent with law. They shall also have power to require 
 payment by the stockholders, of the stock subscribed, at such 
 times, and in such proportions, as the same may be needed in 
 the construction of the canal, or for any other purpose authorized 
 by this act ; and shall, from time to time, give public notice of the 
 payments thus required, and of the time and place of payment, 
 in some newspapers published in Morgan and Sangamon coun- 
 ties, Illinois, and such other papers as may be selected — such 
 notices to be published at least four weeks previous to the day 
 appointed for such payment. And the directors are authorized, 
 in case any stockholder shall fail to make payment as required, 
 to cause the stock of such stockholders to be sold at public 
 auction, and apply the proceeds of such sale, to such payment, 
 or to provide for the forfeiture of such stock to the company. 
 Sec. 12. A majority of the board of directors shall constitute a 
 quorum to do business; and shall have, and exercise all the 
 powers conferred upon the company; Provided, That the direc- 
 tors may, by their bye-laws, require the presence of all the 
 directors, on the transaction of such business, as the directors 
 may think should require such presence. The said company is 
 hereby declared able, and capable in law, to sue and be sued, 
 to plead and be impleaded, in all courts of law, and in chancery; 
 to contract and be contracted with, as fully and completely as a 
 natural person. 
 
 Sec. 13. The state, or the counties through which the said canal 
 shall pass, at any time after ten years shall have elapsed, for 
 the completion of said canal, have the privilege of purchasing 
 
86 UNCOLLECTED WORKS OF LINCOLN 
 
 the same, by paying said company the original cost, together with 
 any deficiencies which have accrued by a failure of said canal to 
 produce twelve per cent, per annum, from the time of its com- 
 pletion, upon the original cost. 
 
 Sec. 14. The canal to be constructed by said company, shall be 
 of sufficient width and depth, to admit the passage of canal boats 
 of the ordinary kind; and the company shall be responsible for 
 all accidents and delays, occasioned by the negligence or inat- 
 tendance of its agents. Said company shall also permit all persons 
 to pass upon said canal with boats, persons and property, when- 
 ever the same is passable, upon payment of such tolls as may be 
 fixed upon by the directors : Provided, That the tolls shall be 
 uniform. 
 
 Sec. 15. If any person or persons shall wilfully, or negligently, 
 do or cause to be done, any act or acts whatsoever, whereby any 
 building, construction, or work of the said corporation, or any 
 boat or other things pertaining to the same, shall be weakened, 
 impaired, or destroyed, every such person shall forfeit and pay 
 to said corporation treble the amount of damages sustained, to 
 be recovered by action of debt, in the name of said corporation, 
 in any court, or before any justice of peace, having jurisdiction 
 thereof, with cost of suit ; and such person or persons shall also 
 be subject to indictment, and punishment by fine or imprison- 
 ment. 
 
 Sec. 16. Unless the said corporation shall commence the con- 
 struction of said canal within three years from the passage of 
 this act, and complete so much thereof as lies within the county 
 of Morgan, within six years, the powers and privileges hereby 
 conferred shall cease, and the said corporation shall be dissolved. 
 Sec. 17. The mode of suing such corporation, shall be by sum- 
 mons, and a copy of the summons delivered to the president of 
 the board, the secretary, or treasurer, shall be sufficient service 
 of process, to require the corporation to answer, and to authorize 
 any court to proceed to judgment. 
 
 BILL BY LINCOLN TO RELOCATE A PART OF THE 
 STATE ROAD FROM SPRINGFIELD TO LEWIS- 
 TOWN, DECEMBER 15, 1835 
 Lincoln introduced the subjoined bill. He was chairman of 
 
 the select committee that drafted it, and the original is in his 
 
 handwriting. The bill zvas duly passed and approved by the 
 
 Governor. 
 
UNCOLLECTED WORKS OF LINCOLN 87 
 
 An act to relocate a part of the State Road leading from 
 Springfield to Lewistown. 
 
 Be it enacted by the People of the State of Illinois repre- 
 sented in the General Assembly: That Samuel Berry, James 
 Pantier, and John Jones, Sen. be and they are hereby appointed 
 commissioners to view, mark, and relocate so much of the State 
 Road leading from Springfield to Lewistown as lies between the 
 Southern boundary line of Township 19 North of Range 7 West, 
 and the residence of the said John Jones Sen. 
 
 The Said commissioners shall meet at the house of Samuel 
 Berry on the first Monday of May next, or some convenient 
 day thereafter, and after being duly sworn, shall proceed to 
 make said relocation, and shall make return thereof to the county 
 commissioners court for Sangamon county at their next term. 
 
 The said county commissioners court, shall allow said com- 
 missioners such compensation as they may deem reasonable. 
 
 LETTER Te THE SANGAMO JOURNAL BELIEVED 
 
 TO HAVE BEEN WRITTEN BY LINCOLN, 
 
 DECEMBER #, 1835 
 
 Lincoln had been settled only a short time in New Salem 
 before he began to make friends in the growing town of Spring- 
 field, which in 1821 had been made the county-seat of the lately 
 organized county of Sangamon. One of the earliest of these was 
 Simeon Francis. Born in Wethers field, Connecticut, in 1796, 
 Francis learned the printer's trade in New Haven, and removing 
 to Illinois in the fall of 1831 began publication of the Sangamo 
 (now the Illinois State) Journal in which he championed the 
 policies and candidates of the Whig Party. He conducted the 
 Journal until 1855, when he sold it to other parties. Then he 
 founded and for three years published the Illinois Farmer. In 
 1859 Francis removed to Portland, Oregon, where he was in turn 
 the founder of the Oregon Farmer and of the Portland Oregonian. 
 Through the years he maintained an intimate friendship zvith 
 Lincoln, who in 1861 made him a paymaster in the regular army 
 with the rank of major. He served in that capacity until 1870, 
 when he retired on half-pay, dying two years later in Portland. 
 
 James H. Matheny (Weik Mss., no date) is authority for the 
 statement that Lincoln soon after meeting Francis began at New 
 Salem to write pieces for the Journal, and there is little doubt 
 
88 UNCOLLECTED WORKS OF LINCOLN 
 
 that he continued this practice when late in November, 1834, he 
 went to Vandalia to begin his first term of service in the popular 
 branch of the Illinois Legislature. Beveridge believes that this 
 letter from Vandalia which appeared in the Journal of December 
 19, 1835, was written by Lincoln. See t( Simeon Francis" by 
 Harriet Ramsey Taylor, Transactions of the Illinois State His- 
 torical Society for 1907, Pp. 329-331, and Abraham Lincoln by 
 Albert J. Beveridge, {Boston, 1928), Volume I, Page 171. 
 
 It zvas at this time that Mr. Lincoln, as he recalled in 1860, 
 had the first of many meetings with Stephen Arnold Douglas, 
 four years younger than himself, who, though not a member of 
 the Legislature, was at Vandalia and on February 10 was elected 
 state's attorney for the Morgan County judicial district over John 
 J. Hardin, for whom Lincoln cast his vote. Born in Vermont, 
 the son of a country doctor, Douglas studied law for a brief 
 period in New York, and at the age of twenty drifted to the 
 West, poor in pocket but resolutely intent on winning his way. 
 His travels ended in the late November of 1833 at the hamlet of 
 Winchester, Illinois, where he hoped to find pupils for a sub- 
 scription school and where his swift adjustment to new surround- 
 ings was not unlike that of Mr. Lincoln three years earlier at 
 New Salem. The second day after his arrival in Winchester 
 Douglas was asked to serve as clerk at an auction sale, and in 
 discharging this task proved his gift for making on the instant 
 devoted and helpful friends. Soon he had secured forty pupils 
 for his prospective school at three dollars and a quarter for each 
 pupil, and the path to an uncommon career in law and politics 
 lay clear before him. 
 
 Douglas had a long body and short legs which, in after years, 
 prompted Thomas H. Benton, a man always keenly aware of his 
 own importance, to declare with a sneer that "he could never be 
 President because his coattails were too near the ground." But 
 a man of great ability wedded to tireless ambition, Douglas was 
 also dominated from his first to his last years by his vision of 
 a united and closely welded nation stretching from ocean to 
 ocean and from the Great Lakes to the Gidf ; and he had the 
 power to shape men and measures to that end. It is now the con- 
 sidered judgment of history that, after his longtime rival, Lin- 
 coln, he was the public man who, in a fateful era, most influenced 
 his country's destiny. 
 
 The late Logan Hay, addresing the Abraham Lincoln Asso- 
 ciation in 1936, recalled the help fid conditions under which the 
 
UNCOLLECTED WORKS OF LINCOLN 89 
 
 newcomer at Vandalia gathered material for his letters to the 
 Sangamo Journal. Mr. Lincoln throughout the session roomed 
 with Major John Todd Stuart with whom he had become ac- 
 quainted during the Black Hawk War and with whom he was 
 to form a partnership in 1837 immediately after his admission 
 to the bar. "Stuarfs important position in the House organisa- 
 tion/ 1 said Mr. Hay, ^caused his room to be a meeting place for 
 the leaders of the House. There took place much of the informal 
 discussion regarding pending legislation. There, more intimately 
 than elsewhere, Mr. Lincoln saw forceful men in contact with 
 each other, agreeing, disagreeing, compromising their differences. 
 He saw that legislation was shaped by personal influence as well 
 as by the merits of the measure." Thus at Vandalia in the winter 
 of 1834-35 "he saw the democracy of the frontier in action and 
 took his freshman course in government, politics and statsman- 
 ship." P 
 
 From a Member of the Legislature to His Friend in This Place 
 
 Vandalia, Dec. 7, 1835. 
 Dear Sir: 
 
 On this day the Van Buren Democratic Convention met. 
 For me to undertake to give any thing like a true account of its 
 splendor, would be presumption. It presented, really, a true 
 picture of disinterestedness. O, if you only had witnessed it, you 
 would immediately have wished yourself a real Van Buren demo- 
 crat. Stock in the ranks of democracy has risen fifty per cent 
 up to 9 o'clock this evening. A large amount of it has been dis- 
 posed of. They have engrafted some of it into the clouds of 
 Morgan. There is beauty in this democracy. It is of all shades 
 and colors. You had better come down immediately while stock 
 can be obtained. You have nothing to fear from your past of- 
 fences. No questions will be asked as to your past conduct. 
 You will only be requested to swear allegiance to Martin Van 
 Buren. I have said come, you have nothing to fear. My opinion 
 is founded upon the fact of their disposing of a large amount 
 to A. W. Cavarly, the ring leader of Websterism in this State. 
 Col. J. M. Strode, a true disciple of Clay — the same Col. S. 
 formerly of Sangamon County — and who swore so bitterly when 
 Adams and Jackson were candidates for the Presidency, that if 
 General Jackson was elected, he would leave the United States; 
 for if he was compelled to live under a monarchial government, 
 he would prefer Old England. I could give you the names of a 
 

 90 UNCOLLECTED WORKS OF LINCOLN 
 
 number of like characters composing this most august assemblage, 
 and then throw in a British deserter for all I know for good 
 count. Since I arrived here, I feel sorry that I have been born 
 to die so soon, for I find that man is continually gaining informa- 
 tion. I have seen of late what I thought could not be performed 
 by any man, or set of men. On Sunday evening about ten o'clock 
 the leaders of this disinterested Convention inoculated a Mr. 
 with a little of the Van Buren demo- 
 cracy and next morning at sun-rise he had brought forth ten 
 little democrats. Who would not wish to live forever when they 
 can see such almost impossibilities performed? Gov. Jenkins 
 did digress a little — not so little either. He certainly did wrong, 
 and I believe he will be paid for it. Those good and obedient 
 fellows were for electing Semple President. — They urged as a 
 reason that the precedent had been set them by the Baltimore 
 Convention, by electing Stevenson former speaker of the House 
 of Representatives of Congress, and furthermore, Mr. Semple 
 was chosen the night before by at least seven democrats. Here 
 Jenkins done wrong in opposing dictation. He boldly denied 
 the right of a few of the leaders getting together and appointing 
 a President for him. He did wrong for the reason that this is 
 the Van Buren policy, and, sir, who dare say to the contrary? 
 
 Your's with respect. 
 
 AMENDMENT PROPOSED BY LINCOLN TO THE SUP- 
 PLEMENTAL ACT INCORPORATING THE SUB- 
 SCRIBERS TO THE BANK OF ILLINOIS AT 
 
 SHAWNEETOWN, DECEMBER 22, 1835 
 . U 
 
 On January 6, 1836, the Illinois Advocate of Vandalia 
 printed the account given below of a debate in the House on 
 December 22, 1835, in the course of which Lincoln proposed an 
 "amendment to an act supplemental to an act to incorporate the 
 Subscribers of the Bank of the State of Illinois" — at Shawnee- 
 town, which was promptly voted down. 
 
 The engrossed bill entitled "An Act Supplemental to an act 
 to incorporate the Subscribers to the Bank of the State of 
 Illinois." was read a third time. 
 
 Mr. Lincoln moved to amend the bill by striking out the 
 reservation in the 3rd section and adding the following as an 
 additional section, viz : "Sec. 5. The said corporation shall at the 
 next session of the General Assembly, and at each subsequent 
 
UNCOLLECTED WORKS OF LINCOLN 91 
 
 general session, during the existence of its charter, report to 
 the same the amount of debts due to the same, the amount of 
 specie in its vaults, and an account of all lands then owned by 
 the same, and the amount for which such lands have been taken, 
 and moreover if such corporation shall at any time neglect or 
 refuse to submit its books,, papers and all and everything neces- 
 sary to a full and fair examination of its affairs, to any person 
 or persons appointed by the General Assembly for the purpose 
 of making such examination, the said corporation shall forfeit 
 its charter." 
 
 AMENDMENT PROPOSED BY LINCOLN TO THE 
 ILLINOIS AND MICHIGAN CANAL BILL 
 
 In the Illinois House of Representatives on Dec. 21, 1835, 
 Lincoln moved to amend the Eighth Section of the Illinois and 
 Michigan Canal Bill, by adding : ''The Governor, during the recess 
 of the General Assembly, for any good cause, shall have power 
 to remove any or all of the said commissioners from office, and 
 to supply vacancies occasioned by such removal, which appoint- 
 ments shall continue until other appointments are made by the 
 General Assembly." The motion fails. House Journal. 
 
 RESOLUTION BY LINCOLN LOOKING TO THE PUB- 
 LICATION OF GENERAL LAWS IN THE NEWS- 
 PAPERS, DECEMBER 26, 1835 
 
 Perhaps Lincoln had in mind the interests of his friend, 
 Simeon Francis of the Sangamo Journal, when he introduced the 
 subjoined resolution which was adopted by the Legislature. 
 
 On motion of Mr. Lincoln, 
 
 Resolved, That the committee of Public Accounts and Ex- 
 
 /° 
 
 penditures, be instructed to enquire into the expediency of 
 authorizing the publishing of the State laws, of a general nature, 
 in the public newspapers, and that they report by bill or other- 
 wise. 
 
CHAPTER VII— LINCOLN IN THE YEAR 1836 
 SURVEY OF PERIOD 
 
 The opening days of 1836, in which fell Abraham Lincoln's 
 twenty-eighth birthday, again found him in Vandalia. hi res- 
 ponse to Governor Duncan's call the Ninth General Assembly 
 began a second session on December 7, 1835, and so the member 
 from New Salem was at the capital until it adjourned on January 
 18, 1836. In his call the Governor had urged a legislative reap- 
 portionment and the enactment of measures to hasten the con- 
 struction of the Illinois and Michigan Canal. Bills for both of 
 these purposes were promptly introduced and had the support 
 of Mr. Lincoln, who was already known as a champion of better 
 transportation. He gave his vote to various measures affecting 
 the well-being of the State Bank; supported a proposal that Con- 
 gress permit Illinois, in furtherance of its internal improvement 
 program, to enter up to 500,000 acres of government land on 
 credit; and as a good Whig was ready with pointed argument and 
 shrewd maneuver when state and national politics claimed a 
 place in the discussions of the Legislature. 
 
 When the Legislature adjourned, Mr. Lincoln went back to 
 New Salem and to his law books and surveying ; among other 
 jobs that came to him laid out the towns of Petersburg and 
 Huron; bought two lots in Springfield; entered a forty-seven 
 acre tract on the Sangamon; engaged in a tepid courtship with 
 Mary Owens, a young woman who had come from Kentucky to 
 visit her sister in New Salem, and on April 2, 1836, announced 
 in the Sangamo Journal that he was again a candidate for the 
 Legislature. Two months later he published a platform in which 
 he favored among other things the admission of all whites to 
 the right of suffrage, by omission barring negroes but "by no 
 means excluding females!' and closed with the pledge : "If alive 
 on the first Monday in November I shall vote for Hugh L. White 
 for President." 
 
 This pledge recalls an interesting phase of Jackson's second 
 and final contest for the Presidency. Late in January, 1833, 
 Clay and his associates in the Senate, struck at the President 
 through one of his most trusted advisers and by the casting vote 
 of Calhoun, then Vice-President, rejected the appointment of Van 
 Buren as minister to Great Britain — a political error, as it was 
 to prove, of the first class. Calhoun, zvho for reasons of his 
 
UNCOLLECTED WORKS OF LINCOLN 93 
 
 own hated Van Buren, is recorded by Benton as saying to a 
 doubting friend: "It will kill him, sir, kill him dead. He will 
 never kick, sir, never kick." But Benton himself proved a better 
 prophet. "You have broken a minister," he declared, "and 
 elected a Vice President,'* while another shrewd observer re- 
 marked to William Cullen Bryant, "That makes Van Buren 
 President of the United States." 
 
 Events quickly confirmed this prediction, for Van Buren's 
 rejection fired the irate Jackson with an unswerving resolve to 
 make him first Vice President and then President. Some of 
 Jackson's ablest followers looked upon Van Buren with little 
 favor and opposed his advancement; but all to no purpose. In 
 due course Van Buren became Vice President and in May, 1835, 
 the Democratic nominee for President. To prevent his election 
 the Whigs nominated several candidates of local strength — among 
 them White of Tennessee, Harrison and McLean of Ohio and 
 Webster of Massachusetts — hoping in this way to throw the elec- 
 tion into the House >of Representatives. Jackson and Whitte had 
 been close friends for a generation, and the latter, a man of 
 ability and a devoted public servant, had good cause for the con- 
 viction that he and not Van Buren should be the next President; 
 but when the Tennessee Legislature followed by those of Ala- 
 bama and Illinois, in defiance of Jackson's wishes, nominated 
 White for President, their friendship changed on the instant to 
 bitter and unrelenting enmity, while nothing came of the Whig 
 plan to throw the election into the House, for Jackson's popu- 
 larity with the people, assured both the nomination and election 
 of his successor. True to his pledge Abraham Lincoln voted on 
 November 1, 1836, for the White electors in Illinois, an example 
 followed by young Andrew Johnson in Tennessee ; but when the 
 final returns were in it was found that the Tennessean had car- 
 ried only Georgia and his chvn stdte, and that Van Buren had a 
 substantial majority both of the popular vote and in the electoral 
 college. 
 
 In the newspapers, which came to New Salem in the tense 
 months of 1836, Abraham Lincoln read of the death on June 28 
 of James Madison, last of the makers of the republic, zvhose 
 sunny disposition in old age had endeared him alike to Jackson 
 and Clay; and he noted in intent and reflective mood that at last 
 the future of slavery had become a dominant and insistent issue 
 both in and out of Congress. Thus on the opening day of 1836, 
 James Gillespie Birney, a lazvyer of Kentucky and Alabama who 
 
94 UNCOLLECTED WORKS OF LINCOLN 
 
 had freed Jiis slaves, became an anti-slavery editor in Ohio and 
 began the career which was to resolve the solution of a vital issue 
 into a contest between parties. 
 
 Again, in a formal speech on March 9, 1836, Calhoun, once 
 more a member of the Senate, championed non-interference with 
 slavery — a doctrine which, vitally affecting the career of Abra- 
 ham Lincoln, zvas to lead to the Kansas-N ebraska bill and the 
 Civil War. And on May 23, 1836, the venerable John Quincy 
 Adams in a five-hour speech in the House — a speech no doubt 
 read with care by Nezv Salem's law student and surveyor — in 
 which lie championed the right of petition, grimly predicted a 
 time when the federal government would be compelled to inter- 
 fere to emancipate the slaves. Adams spoke at the moment with- 
 out avail, for three days later the House, moved thereto by the 
 report of a special committee headed by Pinckney of South Caro- 
 lina, adopted what soon came to be known as the "gag resolution:" 
 "That all petitions, memorials, resolutions, propositions or papers 
 relating in any way or to any extent whatever to the subject of 
 slavery or the abolition of slavery shall, without being either 
 printed or referred, be laid upon the table and that no further 
 action whatsoever shall be had thereon." Thus men of the 
 South, backed by men of the North who wanted no interference 
 with the established order of things, sought to silence opposition 
 and in so doing lighted fires that only war could put out. 
 
 And while at Vandalia and New Salem, Abraham Lincoln 
 watched the trend of events, in New York City, Theodore Dwight 
 Weld, six years Lincoln's elder, born in Connecticut and reared 
 in Western New York, under the auspices of the American Anti- 
 slavery Society was training a band of seventy young men — 
 most of whom in the Great Revival of those years had been con- 
 verted by Finney to religion — to preach the freedom of the slave 
 in the Middle West, a mission discharged with such zeal and 
 effect that in Ohio and its sister states they bred another great 
 revival, a revival in abolitionism, which a quarter of a century 
 later made the men of that section active and powerful in the 
 contest to preserve the Union. Weld was a man of consuming 
 earnestness and of exceptional gifts as a writer and speaker. 
 Among those whom he early brought to his own way of think- 
 ing were James Gillespie Birney whom he advised to quit a 
 profitable place at the bar to labor for the slave, and Joshua Reed 
 Giddings of the Western Reserve, who in 1838 began in Congress 
 his long battle against human bondage. Weld from the first was 
 
UNCOLLECTED WORKS OF LINCOLN 95 
 
 governed by a fixed purpose to keep in the background, and so 
 largely escaped public notice and the flood of abuse poured on 
 Garrison, mho was rarely if ever averse to the limelight; but 
 until 1843 he more than any other shaped the activities of the 
 American Anti-Slavery Society, and, although after the year 
 named he lived in self-sought retirement, when he died in 1895, 
 at the great age of ninety-two, he was honored as the last sur- 
 vivor of the little group of devoted men whose foresight and 
 vision had directed the course of the anti-slavery movement to 
 wise and enduring ends. 
 
 And as a herald of coming storm on February 16, 1836, the 
 Virginia Legislature by resolution urged on non-slaveholding 
 states the forcible suppression of abolition societies, then fast in- 
 creasing in number — a gesture which a year later was to 
 prompt Mr. Lincoln to the first public announcement of his posi- 
 tion on the slavery question. Again, later in the year, Postmaster 
 Lincoln must have read in the newspapers of the death on Sep- 
 tember 6, at the great age of ninety-eight, of Moses Brown of 
 Providence, who in his early middle years had turned Quaker and 
 freed his slaves ; who in 1789 had persuaded Samuel Slater to 
 come to America and so led in the founding of the cotton mill in- 
 dustry in New England, and whose generous gifts in part caused 
 the name of Rhode Island College to be changed to Brown Uni- 
 versity. It should also be recorded that the president of Brown 
 University for a generation following 1827 was Francis Wayland, 
 whose firm yet measured stand on the slavery issue must have 
 caused Abraham Lincoln to regard him as a man to be honored 
 and admired. 
 
 NOTE OF CLIFTON R. GARRETT TO VON PHUL AND 
 MC GILL, JANUARY 1, 1836 
 (Herndon-Weik Collection) — 
 This note is not cited as part of a case, and has no definite 
 marks except the date, but the "Darn 250" in the lower left cor- 
 ner is in the hand of Mr. Lincoln. The Record shows no cita- 
 tion of such a case as Von Phul & Mc Gill vs. Garrett. 
 Mr. Clifton R. Garrett 
 
 To Vonphul &McGill dr.. 
 
 1836 
 
 Jany 1. To Balance a/c Rem ? to date 177.04 
 
 Interest to 1st oct. 1837 18.69 
 
 Dam 250 $ 1%. 33 
 

 96 UNCOLLECTED WORKS OF LINCOLN 
 
 LETTERS TO THE SANGAMO JOURNAL BELIEVED 
 
 TO HAVE BEEN WRITTEN BY LINCOLN, 
 
 JANUARY 16, 1836 
 
 John Dawson of Sangamon who offered the amendment re- 
 ferred to in the letter of January 6, had been elected to the Legis- 
 lature as a Democrat, but about this time became a Whig, as did 
 many other Democrats who did not relish the methods of those 
 who supported the Presidential candidacy of Martin Van Bur en 
 and opposed that of Hugh L. White. The Speaker, James 
 Semple, who on each vote here recorded supported the cause of 
 Van Buren, and who later zvas to serve as United States Senator, 
 zvas a native of Kentucky ; and it is interesting to note that of 
 the more than one hundred men who in 1836 served in the House 
 and Senate of Jllinois not one was born in the state of his adop- 
 tion. Dawson had removed from Virginia to the West. John 
 Todd Stuart, the best known member of the House, who had 
 already begun his long and close friendship with Lincoln, had 
 moved eight years before from Kentucky. 
 
 Vandalia, Jan'y. 6, 1836 
 Dear Sir — 
 
 In my last I mentioned the introduction into the House, of a 
 set of resolutions approving the Baltimore nominations. On 
 yesterday evening they were taken up; and I herewith send you 
 a copy of the Journal, so far as relates to the vote on their final 
 passage ; and to all proposed amendments ; and the votes taken 
 on them respectively. I have not been able to get a copy of the 
 original resolutions, though they are substantially, as above 
 stated. 
 
 The situation in which the slaves of the magician, have 
 placed themselves, by their votes upon these proposed amend- 
 ments, is, by no means enviable. 
 
 By a reference to the Journal it will be seen that Mr. Daw- 
 son offered an amendment in these words: "Resolved by the 
 House of Representatives that we believe the above preamble 
 and resolutions to be foreign to the duties of the Representatives 
 of a free people: not calculated to harmonize legislation; but 
 to destroy its usefulness to the people we represent." 
 
 To this amendment, the three following were offered as 
 amendments and adopted by the vote attached to each. 
 
 1st. Resolved that every man who is eligible to an office 
 within the gift of the people, has an undeniable right to become 
 
UNCOLLECTED WORKS OF LINCOLN 97 
 
 a candidate for the same; and that the people have a right to 
 support him without the sanction of a Caucus or convention. 
 Yeas 47, nays 4. Those voting in the negative are Able, Buck- 
 master, Porter, and Tunnell. 
 
 2nd. Resolved that we believe with General Jackson, that 
 Public officers should not attempt to influence elections; because 
 they hold the power and influence and the people's money, by 
 which they are enabled to establish presses, support conventions, 
 and organize secret parties to sustain their power, even against 
 the interests of the people, and the Democratic principles of this 
 government. Yeas 44, nays 7. Those voting in the negative are 
 Able, Buckmaster, Carpenter of Sangamon, Craig, Oliver, Tun- 
 nell, and Speaker Semple. 
 
 3rd. Resolved that the price of public lands ought to be 
 reduced. Resolved that all white male citizens of the age of 21 
 years and upwards, are entitled to the privilege of voting, whether 
 they shall hold real estate or not. — Resolved that the elective 
 franchise should.be kept free from contamination by the admis- 
 sion of colored voters. Resolved that we approve of the granting 
 of preemption rights to settlers on the public lands. Yeas 35, 
 nays 16. — Those voting in the negative are Able, Blackford, 
 Blockburger, Bowyer, Carpenter of Sangamon, Craig, Hackel- 
 ton, Hughs, Hunter, Oliver, Outhouse, Porter, Turney, Tunnell, 
 Wyatt, and Speaker Semple. 
 
 These having been adopted, and thereby become a part of 
 Dawson's proposed amendment, the question came up upon adopt- 
 ing the whole- as an amendment to the original preamble and 
 resolutions, which was negatived. Yeas 19, Nays 32. Those 
 voting in the negative are Able, Blackford, Blockburger, Bowyer, 
 Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, 
 Cloud, Craig, Dunn, Frezer, Hackelton, Harris, Hughs, Hunter, 
 Manly, Murphy, Nunnally, Oliver, Outhouse, Owens, Pace, Por- 
 ter, Smith, Tunnell, Turney, Van Deventer, Wood, Wren, Wyatt 
 and Speaker Semple. 
 
 Here we have recorded evidence, not of what Van Buren 
 and his party support; but of what they oppose. 
 
 The last vote above stated, was taken upon the nine follow- 
 ing propositions, en masse : 
 
 1st. President-making is foreign to the duties of legislation. 
 
 2nd. President-making is calculated to destroy the harmony 
 of legislation. 
 
98 UNCOLLECTED WORKS OF LINCOLN 
 
 3rd. Every man who is eligible to an office has an undeniable 
 right to become a candidate for the same. 
 
 4th. The people have a right to vote for whom they please, 
 without the sanction of caucuses or conventions. 
 
 5th. Public officers should not attempt to influence elections. 
 
 6th. The price of Public Lands ought to be reduced. 
 
 7th. In the admission to the right of suffrage, no property 
 qualifications ought to be required. 
 
 8th. Colored persons ought not to be admitted to the right 
 of suffrage. 
 
 9th. Pre-emption rights ought to be granted to actual settlers 
 upon the Public Lands. 
 
 These nine propositions, as may be seen by any one who will 
 refer to the Journal, were at once negatived by the whole Van 
 Buren party in the House : and that too, when they stood wholly 
 unconnected with any other propositions whatever. From what 
 they oppose, it is easy to infer what they support. Hence it is, 
 that we are enabled to draw up a correct code of their political 
 doctrines, which is as follows, viz. 
 
 1. President-making is not foreign to the duties of legislation. 
 
 2. President-making is not calculated to destroy the harmony 
 of legislation. 
 
 3. Every man who is eligible to an office has not an unde- 
 niable right to become a candidate for the same. 
 
 4. The people have not a right to vote as they please without 
 the sanction of Caucuses or conventions. 
 
 5. Public officers should attempt to influence elections. 
 
 6. The price of Public Lands ought not to be reduced. 
 
 7. In the admission to the right of Suffrage, a property 
 qualification ought to be required. 
 
 8. Colored persons ought to be admitted to the right of 
 suffrage. 
 
 9. Pre-emption rights ought not to be granted to actual set- 
 tlers upon the Public Lands. 
 
 It cannot be said that the party were deceived, or did not 
 vote understandingly ; for Webb who proposed the amendment 
 embracing the four propositions relative to the reduction of the 
 price of Public Lands, the requiring of a property qualification, 
 the admission of colored voters, and the granting of pre-emption 
 rights, upon offering it, stated briefly, that he understood the 
 object of the Preamble and resolutions to be, to make a Presi- 
 dent of Martin Van Buren. and that he knew, as well as he knew 
 
UNCOLLECTED WORKS OF LINCOLN 99 
 
 there was such a man, that Mr. Van Buren was, and had by 
 his votes so proved himself, opposed to every principle contained 
 in his proposed amendment, and that he had offered it for the 
 express purpose of ascertaining whether, his party was prepared 
 to avow and sustain his doctrines. After this explicit explana- 
 tion, the party did avow, they did sustain them. Here, then, we 
 have the political code of the party, first promulgated by the 
 great Generalissimo, Mr. Van Buren himself, then acknowledged, 
 and responded to, by his partizans in the Legislature; and now, 
 it only remains to be seen, whether the People will ratify it. It 
 has long been known, by many, that these were the doctrines 
 of Mr. Van Buren, and the great difficulty has been, that his 
 partizans here, have ever heretofore, denied them : but now, that 
 they have come forth boldly, and told the people, that they and 
 their master, are opposed to reducing the price of Public Lands, 
 that they are opposed to granting Pre-emption rights to actual 
 settlers, that they are opposed to any man's voting who does not 
 hold real estate, that they deny the right of every eligible man to 
 become a candidate for office, that they deny the right of the 
 people to vote for whom they please, without the sanction of 
 caucuses or Conventions, that they are in favor of Public officers 
 attempting to influence elections, and that they are in favor of 
 admitting Indians and Negroes to the right of suffrage — I say, 
 as they have thus boldly thrown off the mask, if the people be 
 found prepared to sustain them, let the lamp of freedom be 
 blown out, and henceforth remain in the darkness forever, and 
 let the rights of man, in all time to come be spoken of, like the 
 Phoenix, as only ideal and not reality. 
 
 Vandalia, 111. 7th Jan. 1836 
 I am gratified in being able to inform you that the canal 
 bill, introduced into the house by Dawson of your county, and 
 which passed that body with amendments, was this morning re- 
 turned to the house from the senate, with the amendments struck 
 off. Mr. Turney labored hard to restore his amendments and to 
 lay the bill on the table. In all his plans he was most completely 
 foiled by the powerful appeals made to the good sense of the 
 house by Messrs. Stuart and Dunn. The question on concurring 
 with the senate, was decided in the affirmative — yeas 38, nays 14. 
 And thus at last justice is meted out to the North, by the united 
 action of all parts of the state. The northern members in general 
 have done their duty. Some few Vannies have endeavored to 
 prejudice the best interests of the work, by making efforts to 
 
100 UNCOLLECTED WORKS OF LINCOLN 
 
 secure the offices of canal commissioners to partizans of their 
 own party. Notwithstanding their majority in the house, they 
 have in all their attempts to legislate for the benefit of party, 
 been boldly met and defeated. Their zeal to serve their friends, 
 and to take the appointing power from the Governor and senate, 
 has taken their attention so much, that they have suffered a total 
 defeat. 
 
 The thing most of all desired by the North, is at last accom- 
 plished. The North is under the strongest obligations to the 
 untiring zeal of Mr. Stuart of your county, who has spared no 
 pains, in a high minded and honorable way, to secure the accom- 
 plishment of this great work. The bill provides to borrow 
 $500,000 on the credit of the state ; and to sell the Chicago lots 
 on the 20th of June, to raise a fund to pay the interest of the 
 loan. Under this arrangement the state is secure, and the treasury 
 will not be called on to pay the interest on the money borrowed. 
 
 PETITION DRAWN BY LINCOLN FOR AN INCREASED 
 
 ALLOWANCE FOR BENJAMIN ELMORE, 
 
 FEBRUARY 3, 1836 
 
 The original of this petition is in the Illinois State Historical 
 Library at Springfield. It was drawn by Lincoln and his name 
 heads the list of signers, among whom were many well-known 
 residents of the New Salem section including Bowling Green, 
 Bennett Abell, Dr. Francis Regnier, James Parka pile, Samuel 
 Hill, Hugh Armstrong and Dr. John Allen. Travice Elmore, the 
 father of the insane man, lately dead, had served under Lincoln 
 in the Black Hawk War, and the former captain's interest in the 
 Elmore family was a lively and practical one. After the passing 
 of Travice Elmore his widow Jemima, with her children, for a 
 time farmed a little tract of land on what shortly became the site 
 of the town of Petersburg. When Lincoln surveyed and laid out 
 the town he gave one of its thoroughfares a meandering course. 
 Had he not done so the house of Jemima Elmore and her family 
 would have stood squarely in the middle of that particular street. 
 
 To the County Commissioners' Court for the County of San- 
 gamon 
 
 We the undersigned being severally acquainted with the in- 
 sane son of Travice Elmore for whose maintenance an allowance 
 from the county treasury has already been made believe that the 
 allowance is much too small and therefore recommend that it be 
 
UNCOLLECTED WORKS OF LINCOLN 101 
 
 increased to a fair compensation for the maintenance and man- 
 agement of an absolute mad man. 
 
 ADDRESS BY LINCOLN AT PETERSBURG, 
 FEBRUARY 13, 1836 
 
 The subjoined item appeared in the Sangamo Journal Febru- 
 ary 20, 1836. The address it promised was not printed in its 
 next issue. The Journal of February 27 gave space to a "Com- 
 munication" stressing the need for subscriptions to the stock of 
 the canal company, but there is nothing to indicate Lincoln's con- 
 nection with it. 
 
 On Saturday, the 13th inst. there was a large collection of 
 citizens at Petersburg, in this county — on which occasion the 
 Charter of the Beardstown and Sangamo Canal Company was 
 publicly read and an address delivered by A. Lincoln, Esq. We 
 shall give the address next week. 
 
 STRAYED OR STOLEN NOTICE, SANGAMO JOURNAL, 
 MARCH 26, 1836 
 
 No doubt the disaster here recorded befell Lincoln at the end 
 of one of his frequent trips from New Salem to Springfield. 
 There is also little doubt that as a result of it Lincoln was com- 
 pelled a few months later to make on foot his third canvass for 
 a seat in the Legislature. 
 
 Strayed or Stolen 
 
 From a stable in Springfield, on Wednesday, 18th inst., a 
 large bay horse, star in his forehead, plainly marked with harness, 
 supposed to be eight years old; has been shot all around, but is 
 believed to have lost some of his shoes, trots and paces. Any 
 person who will take up said horse, and leaves information with 
 the Journal Office, or with the subscriber at New Salem, shall be 
 liberally paid for their trouble. 
 
 A. Lincoln. 
 
 , ^ ^V |V LINCOLN TO LEVI DAVIS 
 
 K VK' New Salem Ills, April 4th, 1836 
 
 Dear Sir 
 
 You will confer a favour on me by examining the Record 
 kept by the old State Recorder, and ascertaining whether a deed 
 for N. W. quarter of section 23. in Town 10 North Range 5 West 
 
102 UNCOLLECTED WORKS OF LINCOLN 
 
 in the County tract, made by Williamson Trent to Michael 
 Medierman has ever been recorded in that office, and if so, 
 whether the record shows that the land has been trans fered to 
 Medierman, and if it has, who is the present owner under him. 
 Also please to give me all the information in your office in regard 
 to sales of said land for taxes, and who is the present owner 
 by tax title. 
 
 Very Respectfully, 
 Your Obt. Servt. 
 A. Lincoln 
 
 ATTESTATIONS OF A SURVEY BY LINCOLN, 
 
 ' MAY 10 > 1836 
 The follozving attestations accompanied by a plot were filed 
 zvith the commissioners of Sangamon County on May 10, 1836. 
 When the survey was made Lincoln was serving as deputy to 
 Thomas M. Ncale who had succeeded John Calhoun as county 
 surveyor. Neale was a native of Virginia and a lazvyer by pro- 
 fession who settled in Illinois in 1824, and surveyed and laid out 
 into lots the land donated by certain owners to assure the selec- 
 tion of Springfield as the county seat of Sangamon County. He 
 was three times elected county surveyor, holding that office at the 
 time of his death in 1840. 
 p I certify that the foregoing are an accurate Plot and Field 
 
 Notes for Section 16 ,in Township 17 North of Range 6 West 
 of the 3rd Principal Meridian as surveyed by me. 
 
 A. Lincoln 
 for T. M. Neale, S. S. C. 
 May 10, 1836 
 
 We certify that the foregoing is an accurate plot and valua- 
 tion of section 16, Town 17 north of range 6 west of the 3rd 
 principal meridian given under our hands this 10th of >fay 1836 
 Matthew Moorehead 1 
 Fleming J. Hall [ Trustees 
 
 Benjamin Wiseman 
 
 LINCOLN CERTIFIES TO MAP OF THE TOWN OF 
 HURON, SURVEYED BY HIM, MAY 21, 1836 
 
 On May 21, 1836, Lincoln filed for record with the clerk of 
 Sangamon County a plot of his survey of the town of Huron 
 
UNCOLLECTED WORKS OF LINCOLN 103 
 
 attached to which was the certification reproduced below. Huron 
 was situated at Miller's Ferry on the south bank of the Sanga- 
 mon, a dozen miles northwest of New Salem, and was promoted 
 by several prominent business men of Springfield, among them 
 Ninian W. Edwards, Dr. Gershom Jayne, Simeon Francis and 
 Edward D. Baker, all friends of the surveyor. 
 
 I hereby certify that the annexed is a correct map of the 
 town of Huron, and that the requisites of the statutes in such 
 cases made and provided, have been complied with. 
 
 A. Lincoln 
 
 for Thomas M. Neale, 
 
 Surveyor of Sangamon 
 
 County 
 
 May 21, 1836. 
 
 REPORT OF ROAD LOCATED BY LINCOLN FROM 
 COUNTY LINE TO COUNTY LINE, JUNE 2, 1836 
 To the Honourable County Commissioner's Court for the 
 County of Sangamon 
 
 The undersigned having been appointed to view and locate 
 a road from the county line near Watkins mill via Miller's ferry 
 to the county line in the direction of Pekin report that they have 
 made the location and recommend the opening of said road. The 
 above is a Plot of said road. (Plot appears above this report.) 
 June 2nd 1836 
 
 Robert Conover 
 Wm. G. Jeter 
 A. Lincoln 
 Make us an allowance for one day and a half each. 
 
 CERTIFICATION OF SURVEY AND MAP OF THE 
 ya TOWN OF ALBANY BY LINCOLN, JUNE 16, 1836 
 
 Survey and map of the town of Albany were filed at Spring- 
 field on June 21, 1836, by Surveyor Lincoln who paid a recording 
 fee of $2.50. The proposed tozvnsite was located near Rocky 
 Ford in Sangamon County. Six of the eight lots included in it 
 belonged to John Wright and John Donavan. 
 
 I hereby certify that the above is a correct map of the town 
 of Albany as surveyed by me. 
 
 A. Lincoln 
 For T. M. Neale, S. S. C. 
 June 16, 1836. 
 
 M 
 
 
104 UNCOLLECTED WORKS OF LINCOLN 
 
 THE PAPERS IN MR. LINCOLN'S FIRST CASE 
 AS A LAWYER, JUNE 27, 1836 
 
 The first suit in which Mr. Lincoln is known to have figured, 
 following his admission to the bar and partnership with John T. 
 Stuart, was that of Hawthorn v. Woolridge in the Sangamon 
 Circuit Court. This suit began on June 27, 1936, and ran through 
 its first stages while Lincoln was still a resident of New Salem. 
 It was an action or rather three actions — one an action on as- 
 sumpsit or breach of contract, another for trepass vi et armis 
 and a third in replevin — brought by one, James P. Hawthorn 
 against David Woolridge. 
 
 Hawthorn claimed damages alleging that Woolridge had 
 agreed to furnish him two yoke of oxen to break up twenty 
 acres of prairie sod-ground, and to allow him to raise a crop 
 of corn or wheat on a certain piece of land, but had failed to 
 perform in both instances. He also claimed that he had been 
 violently assaulted by Woolridge, and for "consequent illness, 
 injuries, loss of time and expense for medical attention" he 
 demanded "damages in the sum of five hundred dollars and other 
 proper relief." Finally in the replevin suit Hawthorn demanded 
 the return of "one black and white yoke of steers, one black cow 
 and calf, and one prairie plow" together with twenty dollars for 
 their unlawful detention. 
 
 A race for Congress in the summer of 1836 absorbing the 
 time and energies of Stuart, it speedily devolved on Lincoln to 
 safeguard the interests of their client, Woolridge, and the 
 younger man proved equal to the demands on him. Thus on 
 October 6, he filed an affidavit of his client contending that, as 
 the plaintiff was a young man without family or property, he 
 should be required to furnish a bond for costs; and when on 
 the following day, to the surprise of the defendant and his coun- 
 sel, the required bond was executed and filed, Lincoln countered 
 with an account, which promptly became a part of the record, and 
 which included sundry items sufficient, if allowed, to serve as an 
 offset to Hawthorn's demand on assumpsit. Below are repro- 
 duced affidavit and counter claim. 
 
 The fall term of the Sangamon Circuit Court adjourned 
 without this suit coming to trial, but the peacemaker was at work 
 during the months that followed, and on March 17, 1837, the 
 parties by their counsel reported to the court the settlement of all 
 pending litigation, and asked that the case be dismissed. This 
 was promptly done, and so ended Lincoln's first lawsuit. 
 
UNCOLLECTED WORKS OF LINCOLN 105 
 
 Jesse W. Weik, long-time associate of William H. Herndon, 
 asserts that the case was settled by judgment being entered against 
 Hawthorn for the costs in the assumpsit phase, against Wool- 
 ridge in the replevin case and by dividing costs in the trespass 
 case. J. W. Weik, The Real Lincoln, Boston, 1922. Lincoln: 
 The Prairie Years, 1,217 states that the costs were divided. The 
 same view is taken by Albert Woldman in his Lawyer Lincoln 
 (Boston, 1936), except that he limits himself to the statement 
 that the case was settled by a compromise agreement. Herndon, 
 in his biography of his partner (Volume I, Page 182), asserts 
 that Lincoln's first appearance as a lawyer was for the plaintiff 
 in Hawthorn vs. Woolridge, bu\t this is contradicted by the sum- 
 mons of September 29, 1836, which names Hawthorne as plain- 
 tiff and Woolridge as defendant. Finally Dr. Harry E. Pratt in 
 his Lincoln Day by Day, (Springfield, 1941), Page 72, citing the 
 court records in the case states that Hawthorn paid the costs in 
 replenin, and that Woolridge paid the costs in Hhe action in as- 
 umpsit. It is to be noted that Mr. Lincoln gave the case as James 
 P. Hawthorn vs. David Woolridge. It is also interesting to re- 
 call that when in the summer of 1836 Mr. Lincoln was busy with 
 his first lawsuit, his future secretary of state, William H. Seward 
 was already a lawyer of note in Auburn, N. Y. ; Salmon P. Chase, 
 who was to serve him as secretary of the treasury, as a member 
 of the Cincinnati bar was attracting notice by his defense of run- 
 away negroes, and Edwin M. Stanton, his fxiture secretary of 
 war, had just begun practice in Cadiz, Ohio. 
 
 Praecipe in the Case of Hawthorn vs. Woolridge, June 27, 1836 
 
 James P Hawthorn! 
 
 vs i-Assumpsit 
 
 David Woolridge J 
 
 The Clerk of the Sangamon Circuit will issue process in 
 the above case returnable to the next Term of said Court. 
 
 Damages $100.00 
 
 June 27th 1836 Walker & Hewett 
 
 Jno L Hawthorn, John Hawthorn, John Johnson, Thomas Lock- 
 erman, Stanley Lockerman. A. Bowling 
 
106 UNCOLLECTED WORKS OF LINCOLN 
 
 J. P. Hawthorn 
 
 vs 
 D. Woolridge 
 
 Precipe 
 
 Filed June 27th 1836 
 Wm Butler Clk. 
 
 This precipe is in the hand of Walker or Hewett, attorneys 
 for Hawthorn, while the names below appear to have been pen- 
 ned by each man whose signature is given. The date of filing 
 was penned by Butler, and other cover notations by Walker or 
 Hewett, but the document is included as a part of the history of 
 Mr. Lincoln's first case at law. 
 
 Declaration of the Plaintiff in the Suit of Hawthorn vs. 
 Woolridge, July 1, 1836 
 
 State of Illinois \ July Term of the 
 
 Sangamon Couty Sc't j Sangamon Circuit Court, 1836 
 
 James P Hawthorn complains of David Woolridge, being 
 in custody &c of a plea of Trespass on the case upon promises, 
 For that whereas, heretofore, to wit on the 15th day of June A.D. 
 1835 at the County of Sangamon and State aforesaid, in con- 
 sideration that the said plaintiff, at the special instance and re- 
 quest of the said defendant would break up for the said defendant 
 eighteen acres of prairie sod ground during that breaking season. 
 He the said defendant then and there faithfully promised the 
 said plaintiff that he the said plaintiff should have the use of 
 said ground so to be broken by the said plaintiff for so long a 
 time as would be necessary to raise a crop of corn, or wheat, at 
 the option of this said plaintiff on the same ground to be broken 
 (sic) by him.* 
 
 And this plaintiff complains, and in fact says, that confiding 
 in the promises of said defendant then and there, towit, at &c, 
 on &c as aforesaid, made to this plaintiff as aforesaid, the said 
 plaintiff did break up for said defendant Eighteen and one half 
 acres of prairie sod as he had been specialy requested by said 
 defendant to do, yet the said defendant not regarding his said 
 promise and undertaking as aforesaid but contriving and intend- 
 ing to defraud and deceive said plaintiff, did not, nor would per- 
 mit said plaintiff to occupy and plant said Eighteen and one half 
 
UNCOLLECTED WORKS OF LINCOLN 107 
 
 acres so by this plaintiff broken as aforesaid, as the said de- 
 fendant had faithfully promised and undertaken. 
 
 And though often thereunto requested, yet he the said de- 
 fendant hath forbidden and wrongfully prevented said plaintiff 
 from occupying and cultivating said land ; wherefore, &c. 
 
 And whereas also afterwards, towit, on the day and year 
 last aforesaid, in the County aforesaid, in consideration that the 
 said plaintiff at the special instance and request of the said 
 defendant, had before that time broken for said defendant, 
 Twenty acres of prairie sod, he the said defendant then and there 
 undertook and faithfully promised the said plaintiff to pay him 
 so much money therefor, as he the said plaintiff reasonably de- 
 served to have of the defendant, when he the said defendant 
 should be thereunto afterward requested, And the said plaintiff 
 avers that he therefor, reasonably deserved to have of the said 
 defendant the sum of fifty Dollars of lawfull money of the United 
 States, whereof the said defendant afterwards, to wit on &c, at 
 &c as aforesaid had due notice. 
 
 Yet the said defendant not regarding his said several 
 promises and undertakings but contriving and intending to de- 
 ceive and defraud the said plaintiff, hath not though thereunto 
 often requested, performed or complied therewith, or any or 
 either of them as in the above counts set forth and declared on, 
 but he hitherto wholly fails to pay and perform the same, and 
 •neglects and refuses so to do. 
 
 Wherefore this plaintiff saith he is injured and hath sus- 
 tained damage to the value of one Hundred Dollars and there- 
 fore he brings this suit. 
 
 Walker & Hewett 
 Att'is for plaintiff 
 
 13 76 47 
 
 J. P. Hawthorn 
 
 vs) Assumpsit 
 
 D. Woolridge 
 
 Declaration 
 
 Filed July 1st 1836 
 Wm Butler Clk 
 
108 UNCOLLECTED WORKS OF LINCOLN 
 
 Complaint of Plaintiff in the Suit of Hawthorn vs. Woolridge, 
 
 July 1, 1836 
 
 Q r T|i« ■- ) J u ty term of the 
 
 „ ~ , [ Sangamon Circuit Court 
 
 Sangamon County, set J Anno Domini, 1836 
 
 James P. Hawthorn complains of David Woolridge, being 
 in custody &c of a plea of Trespass & vi et armis For that the 
 said defendant on the Fifth day of June, in the year of our Lord 
 One thousand eight hundred and thirty-six, at the County of 
 Sangamon, and State of Illinois, with force and arms, towit at 
 &c as aforesaid, assaulted the said plaintiff, and then and there 
 with great violence, struck beat, bruised and knocked down the 
 said plaintiff, and then and there plucked, pulled and tore divers 
 large quantities of hair from the head of him the said plaintiff; 
 and then and there with a stick and with his fists gave and struck 
 the said plaintiff a great many violent blows and strokes on and 
 about his head, face, breast, back, shoulders, arms, legs, and 
 divers other parts of his body and also then and there with great 
 force and violence, struck, shook, pulled, and knocked him the 
 said plaintiff down upon the ground, and then and there violently 
 kicked the said plaintiff, and gave and struck him the said plaintiff 
 a great many other blows and strokes ; and also then and there 
 did violently thrust his, the said defendant's thumbs and fingers 
 into the eyes of the said plaintiff and gouge him the said plaintiff, 
 to his great pain, distress and injury. By means of which said 
 several premises, he the said plaintiff was then and there greatly 
 hurt, bruised, and wounded, and became and was sick sore, 
 wounded and partially blind; and so remained and continued for 
 a long space of time towit for the space of six weeks then next 
 following, during all which time, he the said plaintiff thereby 
 underwent and suffered great pain, and was much hindered and 
 prevented from performing and transacting his necessary affairs 
 and business, by him during that time to be performed and tran- 
 sacted, and also thereby he the said plaintiff was forced and 
 obliged to, and did necessarily lay out and expend a large sum 
 of money, towit the sum of Dollars of lawfull money 
 
 of the United States in and about endeavoring to be cured of the 
 bruises, wounds, sickness, soreness, disorder and blindness afore- 
 said, occasioned as aforesaid. 
 
 And other wrongs to the said plaintiff then and there did, 
 against the peace of the good people of the State of Illinois, and 
 
UNCOLLECTED WORKS OF LINCOLN 109 
 
 to the damage of the said plaintiff of Five Hundred dollars and 
 
 therefore he brings this suit. 
 
 Walker & Hewett 
 for plaintiff 
 
 J. P. Hawthorn 
 
 vs. [ Trespass 
 J vi et armis 
 D. Woolridge 
 
 Declaration 
 
 Filed July 1st 1836 
 Wm Butler Clk. 
 
 The foregoing document, with the exception of the date of 
 filing, was penned by Walker & Hewett, It is included as part 
 of Mr. Lincoln's first law case. 
 
 Summons for Lincoln and Others in Suit of Hawthorn vs. 
 Woolridge, September 29, 1836 
 The People of the State of Illinois, to the Sheriff of Sanga- 
 mon County . . . Greeting You are hereby commanded to sum- 
 mon David Williams Nelson Asher Bartlett Conyers & A. Lin- 
 coln to be and appear before the Circuit Court of Sangamon 
 County, on the 3 day of the next term, to be holden in Springfield, 
 on the 1st Monday, in the month of October next, to testify 
 and the truth to speak in behalf of James P. Hawthorn. In a 
 certain matter of controversy pending in the said Court, wherein 
 Said Hawthorn 
 
 is plaintiff, and David Woolridge 
 
 is defendant ; and have then and there this writ. 
 
 Witness the Honorable Stephen T. Logan, Judge 
 of our said Court, at Springfield, this 29th day of 
 Sept. 1836. 
 
 Wm Butler Clerk 
 D. Woolridge 
 
 vs 
 D. Woolridge 
 D. Williams 
 N. Asher 
 B. Conyers 
 A. Lincoln 
 
110 UNCOLLECTED WORKS OF LINCOLN 
 
 The above summons is a form document filled in at certain 
 places. It is not in the hand of Hewett or Walker, but may 
 be in the hand of Logan or a court clerk other than Butler. 
 While it is signed with the clerk's name, it was not penned in 
 his hand. The presiding judge, Stephen T. Logan, succeeded 
 John T. Stuart as the law partner of Mr. Lincoln, and was suc- 
 ceeded in turn by William H. Herndon. 
 
 Plea of Defendant in the Suit of Hawthorn vs. Woolridge, 
 October 5, 1836 
 
 Hawthorn ] 
 
 vs [-assumpsit 
 
 Woolridge 
 
 and the said defendant comes and defends &c. & says he did 
 not undertake & promise in manner & form as the Pltff has 
 above declared against him & this he prays may be inquired of 
 by the county &c 
 
 The Pltff will take notice that the ? acct will be exhibited 
 & proven as an offset. 
 
 Stuart & Dummer 
 (48) 
 
 Plea 
 
 Filed Oct 5th 
 
 1836 W. Butler Clk. 
 
 This plea and cover notations are in the hand of John T. 
 Stuart, with the exception of the date of filing. His poor pen- 
 manship is in marked contrast with the neat hand of Lincoln's 
 legal documents. 
 
 Affidavit of Defendant in Suit of Hawthorn vs. Woolridge, 
 October 5 1836 
 James P. Hawthorn 
 
 vs. s s In Trespass 
 
 David Woolridge 
 
 The defendant, David Woolridge, being sworn says that he 
 verrily believes that the said plaintiff is unable to pay the costs 
 of this suit, and that the officers of this court will be in danger 
 of losing their costs in said suit unless the said plaintiff be ruled 
 
UNCOLLECTED WORKS OF LINCOLN 
 
 111 
 
 to give security therefor. He states that said plaintiff is a young 
 man and without family and that he has not, to the said defen- 
 dant's knowledge, any real, or personal property out of which 
 the costs could be made. 
 
 David Woolridge 
 Woolridge 
 ads 
 Hawthorn 
 
 filed Oct 5. 1836 
 
 Wm Butler, Clk 
 
 The words, "In Trespass" in the foregoing affidavit are in 
 the hand of John T. Stuart, while the rest of the document was 
 penned by Mr. Lincoln. The cover notations appear to be by 
 the clerk, Butler. It will be noted that Lincoln spelled a verily" 
 as "verrily." William Butler, was the friend with whom Lincoln 
 resided before his marriage. 
 
 Bill of Woolridge in the Suit of Hawthorn vs. Woolridge, 
 After October, 1836 
 
 James P. Hawthorn to David Woolridge Dr 
 
 To Boarding from the first day of April until the first of 
 November 1835. at $1-50 cents per week being 30 weeks & 4 
 days $4575 
 
 To use of waggon & team from first of April 
 till first of November 1836 $90.00 
 
 1834 To 11 bushels of wheat at 75 8.25 
 
 1836. Jany 8 Cash lent 100.00 
 
 " " " May & June Breaking 10 acres of Prairy 20.00 
 
 $264.00 
 
 To money lent to enter land, afterwards entered in the name 
 
 of your brother 50.00 
 
 This document is undated, but was obviously written after 
 October, 1836. It was penned by Mr. Lincoln, with the excep- 
 tion of the lines in reference to a loan for the purpose of entering 
 land. These appear to have been the work of John . T. Stuart. 
 The document was drawn up as an offset to the action in assump- 
 sit filed by the attorneys for Hawthorn. 
 
 ■■•■ <£jL 
 
 N<v±^ 
 
 
1 12 UNCOLLECTED WORKS OF LINCOLN 
 
 Defendant's Answer in the Suit of Hawthorn vs. Woolridge, 
 October 6, 1836 
 
 David Woolridge And the said David Woolridge by John 
 
 ats I T. Stuart his attorney, comes and defends 
 
 James P Hawthorn J the force and injury when &c and says 
 he is not guilty of the supposed trespasses above laid to his 
 charge or any or either of them, in manner and form as the said 
 plaintiff hath above complained against him, And of this he puts 
 himself upon the country &c. 
 
 Stuart. 
 James Hawthorn 
 
 vs \ In Trespass 
 
 David Woolridge 
 Filed Oct 6th 1836 
 Wm Butler Clk 
 
 Stuart signed this document penned by Mr. Lincoln. The 
 cover notations are in the hand of Butler. 
 
 Securities for Costs in the Suit of Hawthorn vs. Woolridge, 
 October 6, 1836 
 
 James P Hawthorn 
 vs. \ Assumpsit 
 David Woolridge 
 
 In the Sangamon 
 circuit court 
 
 Same 1 
 
 vs I Trespass vi et Armis 
 Same 
 
 I do hereby enter myself as security for the costs in these 
 causes & acknowledge myself bound to pay or cause to be paid 
 all costs that may accrue in this cause either to the opposite party 
 or to any of the officers of the court in pursuance of the Statute 
 of this State 
 Dated the 6th Oct. 1836— 
 
 John L Hawthorn 
 Hawthorn John Hawthorn 
 
 vs 
 Woolridge 
 Filed Oct 6th 1836 
 
 Wm Butler Clk. 
 
UNCOLLECTED WORKS OF LINCOLN 113 
 
 This bond for security appears to have been penned by Wal- 
 ker or Hewett, and signed by the two Hawthorns. The cover 
 notations were written by Butler. 
 
 James P. Hawthorn ] 
 
 vs \ Assumpsit 
 
 David Woolridge 
 James P. Hawthorn ] 
 
 vs. \ Trespass vi et Armis 
 
 David Woolridge 
 
 I do hereby enter myself as security for costs in the above 
 titled causes and acknowledge myself bound to pay or bound to 
 be paid all costs that may accrue in either of the above causes, 
 or to any of the officers of the court in pursuance of the Statute 
 of this State- 
 Dated October 7th 1836 
 
 John Owens 
 J. P. Hawthorn 
 
 1 
 
 vs [ Bond for costs 
 
 J. 
 
 David Woolridge 
 Filed Oct. 6th 1836 
 
 Wm Butler Clk. 
 
 This bond is in the hand of Walker or Hewett, and is signed 
 by Owens. The cover notations were penned by Butler. 
 
 Replevin, Affidavit Suit of Hawthorn vs. Woolridge, 
 October 29, 1836 
 
 State of Illinois \ 
 
 Sangamon County; &c \ 
 
 James P. Hawthorn, being first duly sworn, says, that he is 
 the rightfull and bona fide owner of one Black and white spotted 
 yoke of steers, one Black cow & calf, and one Prairie plough. 
 That said property is unlawfully detained from him; he having 
 been compelled to give a delivery bond for its appearance at a 
 certain day; or surrender the use of the same, which he could 
 not conveniently do. That the same was not taken in execution 
 for the payment of debt no judgment having been obtained or 
 execution issued against him, but levied on, to satisfy an execu- 
 tion issued against another man, having no right or interest in 
 said property neither was it taken in payment of taxes. Further 
 
114 UNCOLLECTED WORKS OF LINCOLN 
 
 this affiant states that he is about to commence an action of 
 replevin to recover the before described property. 
 James P. Hawthorn 
 
 this 29" day of Oct 1836 
 Wm Butler Clk 
 James P Hawthorn] Replevin for one yoke of Black & White 
 vs J- steers four years old. One black cow & 
 
 David Woolridge & | calf & one prairie plough. Value of 
 Hugh Armstrong J property of eighty dollars. 
 
 Damage $20-00 
 The Clerk of Sangamon Circuit Court, will issue process 
 in the above case instanter returnable to next term of said Court. 
 
 Walker & Hewett for plff. 
 Octr, 29th 1836 
 James P. Hawthorn 
 
 vs J- Replevin affid't 
 
 J 
 
 Woolridge & Armstrong 
 Filed Oct 29 1836 
 Wm Butler Clk. 
 
 This document is in the hand of Walker or Hewett, and is 
 signed by Hawthorn. The replevin is in another hand than the 
 affidavit. The cover notations, and statement of swearing of the 
 affidavit are in the hand of Butler. 
 
 Statement of Witness' Attendance in Assumpsit Case of 
 Hawthorn vs. Woolridge, October 1836 
 Assumpsit case 
 James P. Hawthorn 
 
 In the Sangamon Circuit Court 
 vs \ October Term, 1836 
 
 J 
 David Woolridge 
 
 James B Conyers 
 being duly sworn, says that he attended Two days as a witness 
 in the above cause, on behalf of the defendant — 
 Attest : 
 
 Wm Butler Clerk 
 The above is a printed form filled in by the clerk. It is in- 
 cluded as part of the history of Lawyer Lincoln's first case. 
 
UNCOLLECTED WORKS OF LINCOLN 115 
 
 INCOMPLETE DECLARATION IN THE SUIT OF 
 HAWTHORN VS. WOOLRIDGE, JULY, 1836 
 
 State of Illinois \ July Term of the Sangamon Circuit 
 
 Sangamon County Set \ Court, 1836 
 
 James P Hawthorn complains of David Woolridge, being in 
 custody &c of plea of Trespass on the case on promises, For that 
 whereas, heretofore, towit on the 15th day of June A. D. 1835 
 at the County of Sangamon and State aforesaid, in consideration 
 that the said plaintiff, at the special instance and request of the 
 said defendant would break up for the said defendant eighteen 
 acres of prairie sod ground during that breaking season. He the 
 said defendant then and there faithfully promised the said plain- 
 tiff that he the 
 
 And also undertook and promised that he the said defendant 
 would also furnish two good yoke of work cattle the next season 
 to assist this plaintiff in breaking up so much ground for this 
 plaintiff, as he the said plaintiff, should break up for the said 
 defendant. 
 
 &c on &c as aforesaid, made to this plaintiff of as aforesaid, the 
 said plaintiff break up for the said defendant Eighteen and one 
 half acres of prairie sod as he had been specialy requested by 
 said defendant to do. yet the said defendant not regarding his 
 said promise and undertaking as aforesaid but contriving and 
 intending to defraud and deceive said plaintiff, did not, nor 
 
 The foregoing document is in the hand of Walker or 
 Hewett, and remains incomplete dt the word "nor" It will be seen 
 to continue with the words "would permit said plaintiff" in the 
 complete declaration filed by Walker & Hewett on July 1, 1838. 
 The words following the asterisk in the incomplete declaration 
 are to be placed in the complete declaration at the point marked 
 by an asterisk. 
 
 LINCOLN'S FIRST DEBATE OF RECORD, JULY 11, 1836 
 
 The first political debate in which Lincoln is known to have 
 participated took place in the court house in Springfield on July 
 11, 1836. Ninian W. Edwards, a Whig, opened the debate, and 
 was answered by Dr. Jacob M. Early, a Methodist preacher and 
 local Democratic leader under whom Lincoln had served in the 
 Black Hawk War. Then in turn Dan Stone, John Calhoun, 
 
116 UNCOLLECTED WORKS OF LINCOLN 
 
 Lincoln and Richard Quinton took part in the discussion. The 
 Sangamo Journal of July 16 printed an account of the meeting 
 by a reporter who signed himself "Up to the Hub" and who in- 
 cluded in his account the description reproduced below of Lin- 
 coln's methods as a speaker. 
 
 "Mr. Lincoln succeeded Mr. Calhoun. At first he appeared 
 embarrassed, and his air was such as modest merit always lends 
 to one who speaks of his own acts. He claimed only so much 
 credit as belonged to one of the members of the Legislature, 
 for getting the State out of debt. He next came to Mr. Calhoun 
 and the land bill. At one fell stroke, be broke the ice upon 
 which we have seen Mr. Calhoun standing, and left him to 
 contend with the chilling waters and merciless waves. His speech 
 became more fluent, and his manner more easy as he progressed. 
 In these degenerate days it seems to be the fashion of the day for 
 all parties to admire even the frailties of the administration. The 
 Van Buren men, particularly, are even taking shelter like ghosts 
 under the rotten bones and tombstones of the dead acts of the 
 administration. Mr. Lincoln, however, lifted the lid, and ex- 
 posed to the eye the wretched condition of some of the acts of 
 the Van Buren party. A girl might be born and become a mother 
 before the Van Buren men will forget Mr. Lincoln. From be- 
 ginning to end Mr. Lincoln was frequently interrupted by loud 
 bursts of applause from a generous people." 
 
 SPEECHES BY LINCOLN AS A CANDIDATE FOR 
 LEGISLATURE, JULY 16 AND LATER, 1836 
 
 At the hamlet of Athens, now in Menard County, the Sanga- 
 mon County candidates for the General Assembly, seventeen in 
 all, Lincoln among them, began on July 16, 1836, a series of ten 
 speaking engagements at various points in a district twice as large 
 as the State of Rhode Island. "We travelled on horse back from 
 one grove to another," afterward wrote Robert L. Wilson, one 
 of the candidates, shortly to become a member of the famous 
 Long Nine. "The speaking would begin in the forenoon, the 
 candidates speaking alternately until all zvho could speak had 
 his turn, generally consuming the whole afternoon." 
 
 VarseWs farm on Sugar Creek, Mechanicsburg, Cotton Hill, 
 New Salem, Allertori/ J Berlin, Petersburg, the farms of Thomas 
 Campbell and Isaac Spear in the Springfield district, and finally 
 on the evening of July 30 the town of Springfield were among the 
 points covered by the cavalcade in its itinerary. At Springfield 
 
UNCOLLECTED WORKS OF LINCOLN 117 
 
 Lincoln had the sharp encounter with George Forquer dealt with 
 in another place. There is no printed record of any of the other 
 speeches made by him at this time, but Wilson recalled that he 
 espoused "the Whig side of all questions . . . manifesting skill 
 and tact." Two other sources afford interesting glimpses of him 
 in action, James Gourley, afterward a neighbor of the Lincolns 
 in Springfield, was present at the meeting in Mechanicsburg, 
 July 19, and a generation later told Herndon that on that occasion, 
 Lincoln halted his speech long enough to intercede and compel 
 fair play when a gang of roughs picked a fight with his friend 
 and supporter, John Bell. 
 
 The other glimpse is afforded by Edmund T. Flagg who, 
 traveling in Jllinois in the summer of 1836, in the late afternoon 
 of July 19 halted at the farm eight miles east of Springfield of 
 John Dawson, friend of Lincoln and for six years the tatter's 
 associate in the Legislature where he won renown as one of the 
 Long Nine. " Nightfall found me," writes Flagg in the second 
 volume of his The Far West, "at the residence of Mr. D. an in- 
 telligent, gentlemanly farmer, with whom I passed an agreeable 
 evening. I was not long in discovering that my host was a can- 
 didate for civic honors; and that he had with his friend, Mr. L., 
 whose speech I had subsequently the pleasure of perusing, had 
 just returned from Mechanicsburg, a small village in the vicinity, 
 where they had been exerting themselves upon the stump to win 
 the aura popularis for the coming election." The speech Flagg 
 had "the pleasure of perusing" was the first Lincoln is known to 
 have written out for delivery. 
 
 DEBATE WITH EDMUND DICK TAYLOR, 
 JULY OR AUGUST, 1836. 
 
 A bombastic and showy political figure during Lincoln's first 
 years in Illinois was Edmund Dick Taylor, born in Virginia in 
 1788 and a cousin of General Zachary Taylor, who settled in 
 Springfield when the town was young, prospered as an Indian 
 trader and general storekeeper, and in 1832 as a member of the 
 staff of Governor John Reynolds in the Black Hawk War, ac- 
 quired the title of "Colonel" by which he was known during the 
 remainder of his life. 
 
 In 1832 Taylor, as a Democrat, defeated Lincoln for the Leg- 
 islature. Two years later he 7vas elected to the State Senate, 
 where as one of the Long Nine he helped to secure the removal 
 of the capital to Springfield. He resigned before the end of his 
 term as Senator to accept from President Jackson the appoint- 
 
118 UNCOLLECTED WORKS OF LINCOLN 
 
 ment of Receiver of Public Moneys at Chicago, and during the 
 remainder of his long life of eighty-nine years was a resident 
 of that city or of Mendota, active in railroad and canal building 
 and in the development of coal lands. 
 
 It was in 1836, when Lincoln was for the third time a can- 
 didate for the Legislature, that he had an amusing encounter with 
 Taylor, long talked and laughed about in Sangamon County. Tay- 
 lor, a lover of fine clothes and costly jewelry and easy master of 
 all the wiles of the demagogue, in the course of one of his meet- 
 ings with Lincoln on the stump, dwelt at length on the lordly 
 ways and social pretensions of the Whigs which he charged were 
 shared by the young man from New Salem. While he was still 
 speaking Lincoln "quietly slipped to his side, and catching his 
 vest by the lower edge gave it a sharp pull," whereupon the 
 garment opened revealing to Taylor's "astonished hearers a ruf- 
 fled shirt-front glittering with watch-chain, seals and other jewels. 
 The speaker stood confused and dumbfounded, while the audience 
 roared with laughter." It was now Lincoln's turn to answer, and 
 in words very like those afterzvard credited to him he completed 
 the colonel's discomfiture. See Herndon's Life of Lincoln, edited 
 by Angle, {New York, 1930), Pp. 157-58. 
 
 While Colonel Taylor was making these charges against the 
 Whigs over the country, riding in fine carriages, wearing ruffled 
 shirts, kid gloves, massive gold chains with large gold seals, and 
 flourishing a heavy gold-headed cane, I was a poor boy hired on 
 a flatboat at eight dollars a month, and had only one pair of 
 breeches to my back, and they were buckskin. Now if you know 
 the nature of buckskin when wet and dried by the sun it will 
 shrink; and my breeches kept shrinking until they left several 
 inches of my legs bare between the tops of my socks and the 
 lower part of my breeches ; and whilst I was growing taller they 
 were becoming shorter, and so much tighter that they left a 
 blue stream around my legs that can be seen to this day. If you 
 call this aristocracy I plead guilty to the charge. 
 
 PETITION FOR SCRAPERS DRAWN BY LINCOLN, 
 
 AUGUST, 1836 
 
 The original of this petition for scrapers drawn by Lincoln, 
 and in the summer of 1826 signed by him and several score other 
 residents of the New Salem neighborhood, is now in the Illinois 
 State Historical Library at Springfield. 
 
UNCOLLECTED WORKS OF LINCOLN 119 
 
 To the Honorable the County Commissioners' Court of Sangamon 
 
 County, Illinois 
 
 Whereas in the opinion of the undersigned petitioners the 
 public good requires that said Court take suitable steps to furnish 
 "scrapers" on the public roads within the county, not solely for 
 the purpose of economizing labor but for the more necessary and 
 laudable object of facilitating, cheapening and completing the 
 business and travelling operations of our (illegible) County. Your 
 petitioners will not presume to extend remarks or argue the 
 propriety of the above suggestions, believing that the Court will 
 fully appreciate this hint sanctioned alike by "Law" and the just 
 claims of the road-laboring community — 
 
 And whereas a "Road Tax" was laid on lands for 1836 by 
 Sd. Court to labor accruing to roads from which source will be 
 applied this coming ace. we further suggest the propriety of at- 
 tending forthwith to this request that we may enjoy the use of 
 such improvements as may be made in our roads — August, 1836 
 
 WILL OF JOSHUA SHORT DRAWN BY LINCOLN 
 
 Joshua Short was a native of Kentucky who lived a few miles 
 north of New Salem. Lincoln, when he drew Shorfs will, was a 
 law student, and seventeen days later, September 9, 1836, a 
 license to practice was issued to him. On February 8, 1841, the 
 will, on oath of Lincoln and Little, one of the witnesses to it, was 
 probated, and when a few months later, the work of the New 
 Salem student having mat all tests, the estate was finally settled, 
 there remained a tidy sum to be divided among seven heirs. See 
 "The Will of Joshua Short by Fred E. Trent, Bulletin of the 
 Abraham Lincoln Association for June, 1929, Pp. 5-7). n 
 
 I, Joshua Short, of the County of Sangamon and State of 
 Illinois, being infirm in body, but of sound mind and memory 
 do ordain and establish the following as my last will and testa- 
 ment revoking all others. 
 
 It is my will that all my debts, if any there be, be imme- 
 diately paid at my decease. 
 
 It is my will that all my property be disposed of at my 
 decease, as follows (viz) 
 
 It is my will that my dearly beloved wife Parthena Short 
 shall have and retain all the property that she had at the time 
 of my marriage with her, or that she has since made. 
 
 V 
 
120 UNCOLLECTED WORKS OF LINCOLN 
 
 It is further my will that, if she, my said wife, shall, at my 
 decease, desire to go to her relations, she shall be conveyed thence 
 at the expense of my estate. 
 
 It is my will that, after the above provisions are carried into 
 effect, all the remaining part of my estate be equally divided 
 between my three sons, Joseph Short, John Short, and William 
 Short, and my three daughters, Sarah Bennett, Chloe Thomas 
 and Elizabeth Short, and my grandson Allen Short, being the son 
 of my deceased son James Short. 
 
 It is my will that my son John Short, and my son-in-law 
 James Short be the executors of this my last will and testament. 
 
 In testimony whereof I have hereunto set my hand and seal 
 this twenty second day of August, in the year of our Lord one 
 thousand eight hundred and thirty-six. 
 
 his 
 Joshua X Short 
 mark 
 
 Attest 
 
 A. Lincoln 
 John Little 
 Josiah X Short 
 his mark 
 
 LINCOLN TO IRA J. FENN, OCTOBER 6, 1836 
 
 Lincoln's practices as postmaster were on occasion free and 
 easy ones. On Sept. 17, 1835, Mathew S. Marsh, a resident of 
 the New Salem neighborhood, wrote as follows to his brother, 
 George M. Marsh: "The Postmaster {Mr. Lincoln) is very care- 
 less about leaving his office open and unlocked, during the day ; 
 half of the time I go in and get my papers, etc., without anyone 
 being there as was the case yesterday. The letter was only 
 marked twenty-five and even if he had been there and known it 
 was double, he would not have charged me any more — luckily he 
 is a very clever fellow and a particular friend of mine. If he 
 is there when I carry this to the office — / will get him to 'Frank* 
 it." Lincoln franked the letter on request, thereby making him- 
 self liable to a fine of ten dollars, for on the outside of it is writ- 
 
UNCOLLECTED WORKS OF LINCOLN 121 
 
 ten in his hand: "Free, A.. Lincoln, P. M. New Salem, III, Sept, 
 IT 
 
 Mr. Geo. M. Marsh, Portsmouth, N. H. P 
 
 Springfield, Oct. 6, 1836 
 Dr Sir: By direction of Judge Lockwood, I send you this with 
 its contents. 
 Ira I. Fenn Esq 
 
 Yours &c 
 
 A Lincoln 
 (On reverse side of sheet) 
 Free A.. LincoLn P.. M. 
 New Salem 111. 
 
 SURVEYS FOR ALVIN RINGO MADE BY LINCOLN, 
 NOVEMBER 16 AND 17, 1836. 
 
 The certificates of survey here reproduced were of two tracts 
 of land located about four and a half miles west of New Salem. 
 A note by William G. Green in the Herndon-Weik Collection 
 states that the survey of November 17, 1836, was the last made 
 by Mr. Lincoln. On November 30 he left New Salem to be 
 present at the opening of the General Assembly at Vandalia, 
 and a few weeks after his return there on March 8, 1837, he took 
 up his residence in Springfield. p 
 
 1836 \ Surveyed for Ringo a tract of land composed of Sec- 
 Nov 16 j tions 30 & 31 in Township 18 North of Range 7 West 
 and bounded as follows viz. Beginning on the line dividing Ranges 
 7 & 8 at a point 6 chains & 81 links North of the North West 
 corner of the said Section 31 at a White Oak 16 inches in diame- 
 ter bearing N. 43^ E. 48 links. Thence East 14 chains & 93 
 links to a White Oak 36 inches N 50 W 32 links. Thence South 
 20 chains & 7 links to a sugar tree 14 inches N 29 W 53 links. 
 Thence West 14 chains & 93 links to a Hickory 14 inches S. 22 E 
 19 links. North 20 chains & 7 links to the beginning. 
 
 T. M. Neale S. S. C. 
 
 By A. Lincoln 
 Novr. 17th I Surveyed for-Ringo a part of the north half of 
 1836 j section 5 in Township 17 north of range 7 west 
 
 and bounded as follows — (viz) — Beginning at the most northerly 
 corner of a tract situated on the said section 5 and sold to Lewis 
 L. Cooper by Robert Conover. Thence S 47 W 8 chains & 42 
 links to a black oak 11 inches Corner — Thence S 70 E-22 chains 
 
f. 
 
 y 
 
 122 UNCOLLECTED WORKS OF LINCOLN 
 
 & one link to a white oak 16 inches N 26 W 45 links — Thence N 
 29 E 4 chains & 50 links to a white oak 24 inches S 73 W 20 
 links — Thence N 61 W 19 chains & 2 links to the beginning. 
 Also a part of the East half of the South West quarter of said 
 section 5 and bounded as follows (viz) Beginning at the South 
 East Corner of Said half quarter at a White Oak 16 inches S 
 63 W 62 links — a White oak 15 inches N 75 E 76 links — Thence 
 N 89 W 19 chains & 71 links to a Post & Mound— Thence North 
 3 chains to a stake — Thence S 89 E 19 chains 71 links to a stake. 
 Thence south 3 chains to the beginning. 
 
 Signed— T. M. Neale SSC 
 
 by A Lincoln 
 
 RESOLUTION BY LINCOLN REGARDING THE DOOR- 
 KEEPER OF THE HOUSE, DECEMBER 20, 1836 
 
 The proceedings of the Illinois House of Representatives on 
 December 20, 1836, were marked by two incidents of interest to 
 the student. One of these was the introduction by Stephen A. 
 Douglas of a bill to establish a new county to be formed out of 
 Sangamon. The second is set forth in the appended extract from 
 the House Journal for 1836-37, Page 86. To lay any measure 
 "upon the table until the Fourth of July next," meant to end for 
 good and all discussion of it. 
 
 Mr. Enloe proposed for adoption the following resolution, 
 viz : Resolved by this General Assembly, That the present Door- 
 keeper be not allowed one cent more than the ordinary wages 
 of Door-keeper. 
 
 Mr. Lincoln moved to amend the resolution by striking out 
 all after the word 'Resolved,' and insert the following viz : That 
 the Door-keeper of this House be now requested to state pub- 
 licly to this body whether in his opinion, an Assistant Door- 
 keeper is necessary : 
 
 When, on motion of Mr. Richardson, the resolution and 
 amendment were laid upon the table, until the 4th of July next. 
 
 DISCUSSIONS OF A MINORITY REPORT BY LINCOLN 
 
 ON THE PROPOSED DIVISION OF SANGAMON 
 
 COUNTY, DECEMBER 21, 1836 
 
 ^ On January 12, 1037 there was published in the Illinois State 
 Register two articles reproduced below dealing with the discus- 
 
St 
 
 UNCOLLECTED WORKS OF LINCOLN 123 
 
 sion in the Legislature on December 21, 1836, of the minority 
 report from a select committee prepared by Lincoln and adverse 
 to the proposed division of Sangamon County. The first dealt 
 with debate of a motion that this report should be spread upon 
 the Journal of the House. The second article summarized Lin- 
 coln's defense of a bill which had been submitted to the House 
 with the minority report. 
 
 Speaker said that on yesterday the report of the minority 
 from the committee on petitions was presented. That he had 
 doubts concerning the course the paper should take in the House. 
 Since yesterday he had examined Jefferson's Manual. The in- 
 convenience of considering minority reports was manifest to all. 
 
 Mr. Lincoln then moved that the report of the minority be 
 spread upon the Journal, in order he said that his constituents 
 might see the report. 
 
 Mr. Linder said that he would vote against the motion. 
 Needless expense for printing. There were many other ways by 
 which the gentleman from Sangamon could get the report among 
 his constituents. 
 
 Mr. Lincoln replied that he claimed the right to know what 
 was due to his constituents as much as any gentleman, & espe- 
 cially as much as one who was not their representative. He 
 had made the motion to spread the report on the Journal, because 
 he thought it due his constituents, and no more than a common 
 act of courtesy from the House, to comply. Mr. L. (sic) said, 
 he hoped that all that had been said on this subject, would go to 
 his constituents. He thought it incourteous, and a departure 
 from the rules of etiquette, for the gentleman from Coles to 
 meddle in the matter at all; but if the House chooses to go by 
 the views of that gentleman so be it; I am content. 
 
 Mr. L. (sic) said that he did not think the small expense to 
 the state which the printing of the report would incur, the whole 
 object of the gentleman in opposing his motion — The intention 
 is to affect my constituents. Linder replied at length in sarcastic 
 vein. Decided in negative: Ayes 24, nays 44. 
 
 In taking up Lincoln's report from the select committee for 
 division of Sangamon County, Mr. Lincoln said, that as a mem- 
 ber of the committee, he would state that the bill before the House 
 was a matter of compromise. He was willing to take the bill, 
 because before any division of Sangamon could take place, the 
 bill declared that the people of Sangamon should themselves 
 decide. He would sustain the bill as it stood; the new county 
 
IK 1 
 
 124 UNCOLLECTED WORKS OF LINCOLN 
 
 would be too small if lessened. He was opposed to offering to 
 the people a territory too small for their acceptance. 
 
 LINCOLN TO JOHN McNAMAR, DECEMBER 24, 1836 
 
 Under the name of McNeil, John McNamar was an early 
 and prominent resident of New Salem. In the fall of 1829 in 
 partnership with Samuel Hill, whom Lincoln was to later succeed 
 as postmaster, he opened the first store in the town. This venture 
 proved a profitable one, and enabled McNamar in a comparatively 
 brief period to accumulate considerable property. Meanwhile, 
 boarding at the Rutledge Tavern he fell in love with and became 
 engaged to James Rutledge' s daughter Ann, an attractive girl of 
 nineteen. After a time and in confidence he disclosed to her his 
 real name with his reasons for taking an assumed one, and an- 
 nounced that it was necessary for him to return for a time to 
 his old home in New York. Correspondence between them was 
 kept up for some months, but grew formal as McNamar's ab- 
 sence lengthened, and finally came to an end. Then Ann Rut- 
 ledge died in the summer of 1835. When at the end of three 
 years McNamar returned to New Salem he took up his residence 
 on a farm he had previously purchased on Sand Ridge seven 
 miles north of the village, and there made his home until his 
 death in old age. Recalling after forty years the matter referred 
 to in this letter of December, 1836, McNamar explained that 
 "Lincoln had surveyed the road so as to run in front of his farm, 
 but that the petition would have relocated it a mile or tzvo behind 
 him." Evidently Lincoln's warning was effective, for the 1836-37 
 Session Laws show no change of route. See Angle, "New Papers 
 and Letters of Lincoln," Boston, 1930, and Thomas, "Lincoln's 
 New Salem," Springfield, 1934. 
 
 Vandalia, Dec. 24, 1836 
 Dear Mack: I write this to notify you that I have the petition 
 for the change of the State road, so as to make it run by Tilmon, 
 Howbacker's, and Bowman's, and that unless you, who are op- 
 posed to the change, get up a remonstrance and send it on, I shall 
 be forced to have a bill passed upon the petition. I might write 
 you a long letter of political news, but you will see that as soon 
 in the newspapers, which will save me the trouble. 
 
 If you feel any particular interest in this road affair, don't 
 fail to bestir yourself. Your friend, 
 
 A. Lincoln. 
 John McNamar, Petersburg Sangamon County, 111. 
 
1^,1 rot " |llft u«A„. u 4^- S^oA* 
 
 UNCOLLECTED WORKS OF LINCOLN 125 
 
 LETTER TO THE SANGAMO JOURNAL BELIEVED TO 
 
 HAVE BEEFTWrITTEITBY LINCOLN, 
 
 DECEMBER 24, 1836 
 
 When Young was elected Senator of the United States Lin- 
 coln, who, with Stuart no longer a member, had nozv become 
 Whig leader on the floor of the House, voted for his friend 
 Archibald Williams on each of the three ballots. Williams, like 
 Lincoln, tall, angular and uncouth, was a native of Kentucky 
 who in 1828 had come from Tennessee to practice law in Quincy. 
 Lincoln long afterward declared him "the strongest minded and 
 clearest headed man he ever saw," and in 1861 appointed him 
 United States District Judge for the State of Kansas. John A. 
 McClernand, then of Shawneetozvn and only twenty-four years 
 old, a quarter century later was to serve as a general in the Union 
 Army. James Shields, whom Lincoln dubbed Paddy, was a native 
 of Ireland, then twenty-six years old, and had been dangerously 
 wounded as a soldier in Florida. A hard student he had begun 
 at twenty-two the practice of law at Kaskaskia, and as a member 
 of the House was now on the ivay to be thrice a Senator of the 
 United States, each time from a different state, and to hold more 
 offices, civil and military, than any other man of his generation. 
 See Reminiscences of the Early Bench and Bar of Illinois by 
 Usher F. Linder {Chicago, 1879), Pp. 238-43, and Life of Major 
 General James Shields by William H. Condon {Chicago, 1900), 
 Page 219. 
 
 Vandalia, Dec. 17, 1836 ^ 
 
 Dear Sir: — This is the close of the twelfth day of the session, 
 and I may with truth say, that little of importance has yet been 
 done — It seems that the progress of business in the legislature, 
 is to be more tardy, in proportion as the number of its members 
 was increased by the last apportionment. 
 
 Some things, however, have transpired here which, believing 
 they will not be uninteresting to you, I will now relate, omitting 
 as I go along, an account of the proceedings of the legislature 
 which you must necessarily have received before this reaches you. 
 
 On Wednesday last Judge Young was elected to the Senate 
 of the United States upon the third ballot. On the last ballot 
 the vote stood, Young 68, McRoberts 24, Ewing 12, Brown 7, 
 Williams 17. To-day Walter B. Scates was elected Judge for the 
 third Judicial Circuit, and Samuel D. Marshall, prosecuting at- 
 torney for the same circuit. 
 
126 UNCOLLECTED WORKS OF LINCOLN 
 
 An attempt is being made in the House to make the Board 
 of Canal Commissioners elective by the two Houses. I believe 
 it will succeed in the House, unless some of the Whigs, as they 
 threaten they will, should offer an amendment to make them 
 elective by the people. Would not that be fighting the devil 
 with fire? Would not that be choking democrats with demo- 
 cracy? If I were a member I'd go it. An effort is also making 
 in the House, to make the county commissioner's clerks and county 
 treasurers elective by the people. This also will succeed in the 
 House, though its fate is now doubtful in the Senate. 
 
 The most amusing transaction of the present session, has 
 been in relation to the reception of our portion of the surplus 
 revenue. — The Bill for that purpose originated in the Senate, 
 and passed that branch by an almost unanimous vote. The bill; 
 as it came from the Senate, required the governor to demand 
 and receive the money in specie. So soon as it came up for 
 consideration in the House, a motion was made by McClernand 
 of Gallatin, to strike out the words, "in specie," who at first gave 
 as a reason for his motion that a demand for specie might em- 
 barrass the Shawneetown Bank, which had a share of the de- 
 posites, and which institution, he contended, it was the interest 
 of the people to cherish. This argument was answered by nearly 
 all the Whigs in the House (who by the way were all in favor 
 of retaining the word specie) by an assurance that they would 
 vote for a resolution instructing the governor to deposite in the 
 Shawneetown Bank so much of the money as we might be au- 
 thorized to draw from it. 
 
 This reply seemed for a moment to silence, but by no means 
 to satisfy the anti-specie men. In order to gain time for party 
 drilling, one then moved to adjourn, which motion failed. — They 
 were utterly confounded. Something was to be done, though 
 what, or how they knew not. After a moment's blank staring 
 in each other's faces, it seemed as if they came to the conclusion 
 to occupy the evening in sporting upon the subject, no matter 
 whether to purpose or not. In pursuance of this determination 
 McClernand led off. After about half an hour's gabbing he set 
 down, having in substance said nothing, only that it would be a 
 piece of superlative impudence to the general government for the 
 State of Illinois to ask for specie. 
 
 Next came French, of Edgar. The substance of his speech 
 was a repetition of what McClernand had said, together with the 
 additional assertion, that if Illinois should demand specie, all the 
 
UNCOLLECTED WORKS OF LINCOLN 127 
 
 other states would do the same, and the consequence would be a 
 universal crash of the deposite banks, and dire distress and panic 
 in the monetary concerns of the country, which, he said was 
 what the bloody Whigs most of all things desired. Then fol- 
 lowed Nowlen, of Monroe. He said the state had no right to 
 demand any thing from the general government. It was an act 
 of munificence and generosity on the part of the general govern- 
 ment, that we were likely to get any thing. Nothing belongs to 
 us, and we had better quietly take all that we could get, and that 
 in any shape we could get it. Beggars, he said must not be 
 choosers. A half a loaf was better than no bread. 
 
 McClernand, French, and Nowlen, each took a second round, 
 when, having exhausted their privileges of speaking, they pressed 
 forward a little fellow from Randolph, who by way of distinc- 
 tion I shall hereafter call Paddy Shields. Paddy had discovered 
 that if the word specie was retained, our agent, whoever he might 
 be, he could not be permitted to take a draft of the deposite banks, 
 and consequently he would have to roll the specie from Wash- 
 ington to Illinois, in kegs. And, moreover, he would venture that 
 the general government would not brook such impudence from 
 us. By our folly we should, in the end, get nothing. About this 
 time an adjournment was effected without taking the vote on 
 striking out. Next day the question came up in order, when the 
 word 'specie' was stricken out by a party vote. It is, however, 
 due to the Van Buren men of Morgan to say, that they voted 
 against it. The bill was further amended by striking out the 
 word 'governor' and inserting 'state treasurer' and then returned 
 to the Senate for concurrence. The party whistle was blown, 
 and the Senate concurred in the amendments of the House. Sev- 
 eral speeches were made; none, however, of importance except 
 by Turney of Green. He said he knew that demand for specie 
 by all the states, would break every deposite bank in the Nation 
 — that he spoke advisedly and understanding^ when he declared 
 that the aggregate of all the specie in the deposite banks would 
 not exceed five dollars for every hundred of the public deposites. 
 This Turney, be it remembered, is a Van Buren man, and one 
 of the worthies who, for the last four or five years, have been 
 laboring to gull and hoodwink the people of Illinois about the 
 speedy commencement of the "Golden Age." According to his 
 declarations two years ago, every substantial man and every sub- 
 stantial man's wife and daughter were now to be traveling upon 
 gold. But now he says, there are not more than five dollars in 
 
128 UNCOLLECTED WORKS OF LINCOLN 
 
 specie, for every hundred reported in the treasury. I confess 
 no great credit should ordinarily be attached to his assertions, 
 but I believe it is a rule in the court of law, that no man is too 
 great a liar for his own admission to be taken as evidence against 
 him. But to proceed. The bill became a law minus the word 
 "specie." The party on reflection, became alarmed at what 
 they had done, but how were they to repair it? To turn around 
 and repeal or amend the law, would be too ridiculous. Finally 
 an expedient was hit upon. Whiteside of Monroe, introduced a 
 joint resolution in the Senate, requiring the Treasurer, when he 
 should receive a draft upon the Deposite Banks for the money, 
 when presenting the draft for payment, to demand and receive 
 the same in specie. — This resolution passed the Senate unani- 
 mously; but when it came to the House the same birds that had 
 shown themselves so hostile to the word "specie" in the bill were 
 seen fluttering again. An adjournment was instantly moved but 
 failed. Up sprang Paddy Shields and moved to amend the reso- 
 lution by adding "and the Treasurer is particularly forbidden 
 to receive any of the notes of the U. S. Bank." A second motion 
 to adjourn was then made which succeeded. During the interval 
 Paddy was told by his friends that his amendment looked so 
 foolish, he had better withdraw it, which he did at the commence- 
 ment of the evening session. Then McClernand moved to amend 
 the resolution by striking out the word "receive" so that the 
 resolution thus amended would have required the Treasurer to 
 demand specie, but to receive any thing else if he chose. After 
 receiving a few thumps under the fifth rib for this attempt at 
 duplicity, and a call for the Ayes and Noes upon the amendment, 
 McClernand was forced to withdraw it as Paddy had done his. 
 The question was then taken by Ayes and Noes upon the adoption 
 of the resolution, and carried with but one dissenting voice; 
 though the whole party were as mad and sulky as baited bulls. 
 They voted in so low and surly a tone that the Clerk was con- 
 tinually under the necessity of calling out "How did Mr. 
 
 vote." "Did Mr. answer to his name?" and &c, &c. 
 
 LETTER TO THE SANGAMO JOURNAL BELIEVED TO 
 
 HAVE BEEN WRITTEN BY LINCOLN, 
 
 DECEMBER 30, 1836 
 
 Sangamon County, organized in 1821 and named for the 
 river flowing through it, originally embraced the present counties 
 of Sangamon, Cass, Menard, Mason, Tazewell, Logan, and parts 
 
UNCOLLECTED WORKS OF LINCOLN 129 
 
 of Morgan, McLean, Woodford, Marshall and Putnam, but was 
 somewhat reduced in area in 1825, and in 1839 to its present limits 
 by the setting apart of Menard, Logan and Dane {now Chris- 
 tian) Counties. 
 
 Vandalia, Dec. 22, 1836 
 
 Dear Sir — The whole day, to-day, has been spent in a struggle 
 upon the question whether a new county should be formed from 
 a part of ours absolutely, or only upon condition that a majority 
 of the people of the county should vote for it. The whole dele- 
 gation for our county were for the condition — and the establish- 
 ment of the new county absolutely, was supported upon party 
 grounds purely. Upon the vote being taken, our delegation was 
 sustained by a large majority. It is due to a large portion of 
 Van Buren men in the House to say, that they acted most 
 magnanimously on this occasion; and I write this letter, ex- 
 pressly, to award the meed of honor to them for it, and to tender 
 to them, as I think I may safely do, the thanks of all honorable 
 and independent men. 
 
 A Citizen of Sangamon 
 
 RECEIPT FOR SERVICES 1836-37 
 
 Receipt for services of David Mc Ginnis : File Dated 1836- 
 1837, at the County Commissioners' Court of Sangamon County. 
 
 This receipt although not signed by Mr. Lincoln, is mani- 
 festly \the work of his hands; witness the use of extra spacing 
 which appears in most of his legal papers. David Mc Ginnis was 
 a native of Kentucky, who settled in the Island Grove section of 
 Sangamon County in 1826, and ten years later built one of the 
 first brick houses in the county outside of Springfield. He was 
 also one of the inventors of a device for guiding prairie plows by 
 wheel and lever, which had an important part in bringing the 
 lands of Sangamon County under cultivation. He was killed in 
 old age by being thrown from a buggy by a runaway horse. 
 
 The county of Sangamon 
 
 To 
 David McGinniss Dr. 
 
 1836 To services as Road Supervisor. $6.00 
 
CHAPTER VIII— LINCOLN IN THE YEAR 1837 
 SURVEY OF PERIOD 
 
 The year 1837 in which fell his twenty-ninth birthday was 
 for Abraham Lincoln a period of increased confidence in his own 
 growing capacity for leadership, and it also marked his advance 
 from one stage to another of an exceptional career. The Tenth 
 General Assembly of Illinois convened at Vandalia on Decem- 
 ber 5, 1836, and before it adjourned on March 6, 1837, enacted 
 much important legislation. Thus it passed an act providing for 
 a system of internal improvements which included railroads, 
 canals and navigable rivers, to be done at state expense; bills 
 dealing favorably with the state bank at Springfield, and finally 
 legislation which provided that in 1839 the state capital should be 
 removed from Vandalia to Springfield. 
 
 Mr. Lincoln as the chosen leader of the Whig minority in 
 the House played a leading and, now and again, a decisive part 
 in the shaping of this legislation. Indeed, it was mainly due to 
 his shrewd management that the members from Sangamon, 
 known to their fellows as the Long Nine, secured the state capital 
 for Springfield. More significant in the retrospect was his re- 
 action to a resolution passed by the General Assembly on Jan- 
 uary 12, 1837, condemning abolition societies and their activities 
 — a reaction which clearly belongs to the Lincoln of history, 
 whose inflate hatred of slavery was in due course to find fit ex- 
 pression in his splendid protest against the repeal of the Missouri 
 Compromise. Not to imperil Springfield's prospects of securing 
 the state capital, he remained silent for the moment, but that 
 matter happily out of the way, on March 3, 1837, three days be- 
 fore the General Assembly adjourned, he joined with one other 
 member in a dignified, restrained and manly protest against its 
 anti-slavery resolution. Mr. Lincoln thus referred to the matter 
 when in 1860 he wrote his third-person autobiography for cam- 
 paign purposes : 
 
 '"March 3, 1837, by a protest entered upon the 'Illinois House 
 Journal' of that date, at pages 817 and 818, Abraham, with Dan 
 Stone, another representative of Sangamon, briefly defined his 
 position on the slavery question; and so far as it goes, it was 
 then the same that it is now. The protest is as follows : 
 
 <( 'Resolutions upon the subject of domestic slavery having 
 passed both branches of the General Assembly at its present ses- 
 sion, the undersigned hereby protest against the passage of the 
 same. 
 
UNCOLLECTED WORKS OF LINCOLN 131 
 
 " 'They believe that the institution of slavery is founded on 
 both injustice and bad policy, but that the promulgation of Aboli- 
 tion doctrines tends rather to increase thai abate its evils. 
 
 " 'They believe that the Congress of the United States has no 
 pozver under the Constitution to interfere with the institution of 
 slavery in the different states. 
 
 " 'They believe that the Congress of the United States has 
 the power, under the Constitution, to abolish slavery in the Dis- 
 trict of Columbia, but that the pozver ought not to be exercised 
 unless at the request of the people of the District. 
 
 " 'The difference between these opinions and those contained 
 in the above resolutions is their reason for entering this protest. 
 
 " 'DAN STONE 
 " 'A. LINCOLN 
 
 " 'Representatives from the County of Sangamon/ " 
 
 When the General Assembly adjourned in the early days of 
 March, 1837, Mr. Lincoln returned to New Salem to take fare- 
 zvell of the friends he had made during his seven years' residence 
 in the hamlet, and to prepare for his removal to Springfield, 
 where on April 15 he became the law partner of John Todd 
 Stuart. Details of the causes and controversies which filled his 
 first months in Springfield, then a town of about 1200 people, 
 are set forth in other pages of the present volume. Stuart at 
 that period was absorbed in politics, and responsibility for the 
 practice of the firm, "a practice more extensive than lucrative," 
 fell on the junior partner, who soon began going on the circuit 
 to attend the courts of other counties. He likewise found leisure 
 for the making of new friends, and to discuss by letter and at 
 first in a guarded zvay the subject of marriage with Mary Owens; 
 but in August that high spirited young woman, much to his sur- 
 prise and chagrin, refused his belated proposal. The rejected 
 suitor, hozvever, on second thought came to regard the affair as 
 a salutary and chastening experience, and a few months later 
 confided to a friend that "he had succeeded only in making a 
 fool of himself." 
 
 During his first months in Springfield Mr. Lincoln, without 
 price, shared the bed of his friend, Joshua Fry Speed, and, also 
 without price, had his meals at the home and table of another 
 friend, William Butler. Thus favored, as an individual, he suf- 
 fered no serious discomfort from the financial panic which in 
 the first half of 1837 swept the country like a tornado, closing 
 banks, bankrupting states and bringing utter disaster to all sorts 
 
132 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 and conditions of men; but that panic zvas the inevitable sequel 
 of the bitter political controversy that for eight years had been 
 waged between Democrats and Whigs, and young Lawyer Lin- 
 coln, as a devoted Whig and follower of Clay, was prompt to 
 condemn the party of Jackson for its causes and consequences. 
 
 As in New Salem so in Springfield Mr. Lincoln was an 
 assiduous reader of newspapers, and in their columns followed 
 the disastrous progress of events, but always from the point-of- 
 view of a stout Whig partisan. He doubted the wisdom and ca- 
 pacity of Martin Van Buren, who on March 4, 1837, succeeded 
 Jackson, the latter retiring to his beloved Hermitage to pass 
 in quiet the few years that remained to him; and he could see 
 no good in the sub-treasury system which Van Buren, having in 
 May summoned Congress in special session in September, in a 
 message of uncommon quality, recommended to that body, as a 
 cure for the nation's financial ills. Calhoun now severed his late 
 alliance with the Whigs, and with Wright and Benton gave vig- 
 orous and in the end effective support to the policy of Van Buren. 
 And so by slow and gradual stages there zvas a return to normal 
 conditions, and ultimate adoption of the sub-treasury system, 
 developments for which Mr. Lincoln, a stern and still unbending 
 Whig, gave no credit to a wise, and, as the sequel was to prove, 
 a far-seeing President. 
 
 Meanwhile, Mr. Lincoln, no doubt with serious forebodings 
 as to the future, studied in the newspapers the growing contest 
 over slavery in and out of Congress. Both in House and Senate 
 the fight for the right of petition was renewed early in 1837; he 
 must have read with care the Senate speech of February 7, 1837, 
 in which Calhoun defended slavery as good for both races in 
 the South, and gave final form to his doctrine of non-interven- 
 tion; and soon the demand from the South for recognition of 
 the independence of Texas, now in successful revolt against 
 Mexico as a preliminary to its admission to the Union, added a 
 new and insistent phase to the differences that were to end in 
 armed conflict. And as signs of what was to come on November 
 7, 1837, Elijah Parish Lovejoy, an abolition editor, was killed 
 by a pro-slavery mob in Alton, Illinois; at Faneuil Hall in Bos- 
 ton on December 8, in righteous protest against this outrage, 
 young Wendell Phillips began his unexampled career as an anti- 
 slavery orator, while a short fortnight later another debate on 
 the right of petition in the House at Washington called forth 
 threats of secession from Robert Barnwell Rhett and other 
 
UNCOLLECTED WORKS OF LINCOLN 133 
 
 Southern members who could devise no other method for throt- 
 tling the discussion of slavery. 
 
 And, a more hopeful herald of nobler things to come which 
 could not have passed unnoted by Abraham Lincoln, on Novem- 
 ber 8, 1837, stout-hearted Mary Lyon founded Mount Holyoke 
 Seminary, and opened a new and broader era in the education 
 of women. 
 
 COMPLAINT OF PLAINTIFF IN SUIT OF CANNON 
 AGAINST KENNEY, JANUARY 4, 1837. 
 
 When the complaint of Cannon vs. Kenney was filed in the 
 Sangamon Circuit Court on January 4, 1837, Lincoln was at 
 Vandalia serving as a member of the Illinois Legislature and still 
 a resident of New Salem; but he had already perfected arrange- 
 ments to become the law partner of John T. Stuart, and it is 
 probable that it was Stuart who appeared in court in this parti- 
 cular matter. January ^ lg37 
 
 Manly F. Cannon, plaintiff, complains of Mathew P. Ken- 
 ney, defendant, being in custody by a plea of trespass: For that 
 the said defendant on the fourth day of January in the year of 
 our Lord one thousand eight hundred and thirty-seven, at the 
 county and circuit aforesaid, with force of arms, seized, took, 
 and carried away of him, the said plaintiff, one sorrel horse of 
 great value, to wit : of the value of one hundred dollars, then and 
 there found and being and converted and disposed of the same 
 to his own use, and other wrongs to the said plaintiff then and 
 there d:d against the peace and dignity of the People of the State 
 of Illinois and to the damage of the said plaintiff of one hundred 
 dollars and therefore he sues. 
 
 (Signed) Stuart and Lincoln 
 
 LETTER TO THE SANGAMO JOURNAL BELTEVED TO 
 HAVE BEEN WRITTEN BY LINCOLN, 
 JANUARY 6, 1837 
 Internal evidences confirm the belief that this letter was 
 written by Lincoln. The satire, giving an edge to the pretence 
 that the writer had been formerly on the staff of the National 
 Intelligencer at Washington, where he could not make a living, 
 and that now "with almost murdered conscience" he was com- 
 pelled to write wholly false reports, was declared by Beveridge 
 to be "in Lincoln's best vein at that time of his life." See, "Abra- 
 ham Lincoln" by Beveridge, Volume I, Page 184. 
 
134 UNCOLLECTED WORKS OF LINCOLN 
 
 Vandalia, Dec'r. 30, 1836 
 Dear Brother of the quill : 
 
 I have a most unpleasant task to perform. — I am forced to 
 advocate doctrines that I know, if practised on, would destroy 
 the liberties of the country; and to make assertions thatT know 
 to be utterly false when I make them. I am compelled even to 
 abuse you week after week, when all my feelings are with you, 
 and when I know your course is the only one to be pursued by 
 an independent man, and that the principles you advocate are 
 the only ones upon which our institutions can be maintained. 
 Can you forgive me for this? I know I do not deserve forgive- 
 ness. I feel that I deserve the execration of all mankind, while 
 on earth ; and if there be a hotter place for traitors to their coun- 
 try than for any others, I shall be heir to it hereafter. But when 
 I think of my bread and meat — the bread and meat of my family 
 — (there's the tender point) how can I help it? — You must for- 
 give me. I am, heart and soul, with you ; and I hope the day is 
 not far distant when I shall be with you "tongue and pen," when, 
 if it be in the range of possibilities, I shall renovate my now 
 almost murdered conscience. 
 
 I am induced to write this letter in consequence of my ex- 
 treme agitation upon the publication of my paper of to-day. Two 
 letters, one by Mr. Thomas, the other by Mr. Hardin, were pub- 
 lished in the Patriot; and tho' I knew every word they contained 
 was true, I was surrounded by persons here, and threatened with 
 excommunication, and what was worse, with the election of 
 Hodge as public printer if I did not pronounce them basely false. 
 I was forced to do it; and I am convinced that all that will save 
 me from a severe caning from one or both of them is, that they 
 know nobody will believe what I have said. 
 
 When your paper of last Saturday reached here, it was 
 found to contain a communication from your correspondent, 
 
 which was particularly offensive to , , 
 
 and . Believing, as they did, that 
 
 your correspondent was some one of your county delegation, 
 they, with their intimate friends, struck upon a plan, which 
 would, as they thought, array the whole force of the adminis- 
 tration party against your county. They wrote a most inflam- 
 matory phillipic against the Van Buren party, signed it "Sanga- 
 mon," and placed in the post office directed to the editor 
 Free Press, not doubting he would publish it, which I believe 
 he would have done had I not given notice of it to one of your 
 
UNCOLLECTED WORKS OF LINCOLN 135 
 
 members, by which means it was suppressed. I mention this to 
 convince you that I am really with you in feeling. Nothing gives 
 me more pain than the necessity I am under, of continually heap- 
 ing abuse upon the Governor. My only object in leaving the 
 office of the National Intelligencer was, to gain a livelihood for 
 myself and family, which I had ceased to be able to do there. 
 I have only been successful through the patronage of Governor 
 Duncan ; and now, to be compelled to abuse him keeps constantly 
 before my imagination the quotation, "Ingratitude — how sharper 
 than a serpent's tooth it is." 
 
 I shall hold on to my present party only long enough to be 
 elected public printer, when, regardless of consequences, I shall 
 give my conscience its own course. 
 
 AMENDMENT BY LINCOLN TO AN ACT FOR A STATE 
 
 ROAD FROM JACKSONVILLE TO BLOOMINGTON, 
 
 JANUARY 30, 1837 
 
 On January 30, 1837, Lincoln introduced in the Legislature 
 the subjoined amendment — copied from original in his handwrit- 
 ing — to an act providing for a State Road from Jacksonville to 
 Bloomington. The amendment was approved and the bill shortly 
 afterward became a law. By substituting John Armstrong for 
 William Montgomery as one of the Sangamon County commis- 
 sioners for the construction of the road Lincoln agreeably remem- 
 bered a loyal and lifelong friend. 
 
 Amend the third line of the first section, by striking out the 
 name of William Montgomery and inserting John Armstrong. 
 Amend the seventh line of the same section by inserting the words 
 "by way of Greensburg" immediately after the word "thence." 
 Amend the fourth line of the second section by striking out the 
 word "Bloomington" and inserting "intersect the State road lead- 
 ing from Springfield to Bloomington at or near the farm of 
 Lemuel Foster." 
 
 BILL REPORTED BY LINCOLN TO RELOCATE A PART 
 
 OF THE STATE ROAD FROM SPRINGFIELD TO 
 
 LEWISTOWN, FEBRUARY 10, 1837 
 
 On February 10, 1837, Lincoln reported from the House 
 Committee on Finance the bill reproduced below which was duly 
 passed and approved by the governor. 
 
136 UNCOLLECTED WORKS OF LINCOLN 
 
 A bill for an act to relocate a part of the State road leading 
 from Springfield to Lewistown: 
 
 Be it enacted by the people of Illinois represented in the General 
 Assembly, that so much of the State road leading from Spring- 
 field to Lewistown as lies between the Northern boundary of 
 Township No. Eighteen North and the residence of John Jones, 
 shall be so changed as to run due North from the point where 
 said road now crosses the afforesaid Township line, through the 
 center of the South West quarter to Section thirty four, Town- 
 ship Nineteen North Range Seven West, to the Northern boun- 
 dary of said quarter ; thence with the road as now traveled to the 
 residence of the said John Jones. 
 
 LINCOLN REPORTS FROM AND ASKS DISCHARGE OF 
 A SELECT COMMITTEE, FEBRUARY 13, 1837 
 
 A movement which, as noted elsewhere, took definite shape 
 in 1836 to create three new Illinois counties mainly from the ter- 
 ritory of Sangamon at once provoked angry and animated discus- 
 sion. On February 9, 1837 Stephen A. Douglas presented to the 
 House petitions of numerous citizens of Sangamon County favor- 
 ing the proposed division and moved their reference to the Com- 
 mittee on Petitions of which he was chairman. Lincoln, however, 
 made a motion, which was adopted, to refer the petitions to a 
 select committee of five. Lincoln was made chairman and Doug- 
 las a member of this committee to which was also referred sundry 
 remonstances against the proposed division. On February 13 
 Lincoln submitted the report reproduced below which was adopted 
 by the House ; but this only delayed final and affirmative action 
 in the matter. In 1839 Menard, Logan and Christian counties 
 were set off as a whole or in part from Sangamon County. 
 
 Mr. Lincoln, from the select committee to which was refer- 
 red the petitions of sundry citizens of Sangamon County, pray- 
 ing the establishment of three new counties, principally from the 
 territory of the said county of Sangamon; and the remonstrance 
 of sundry citizens of the same county, against any division or 
 dismemberment of the same, reported that they had the same 
 under consideration, that 1437 names are found on the petition, 
 and 2213 on the remonstrance; upon this fact the committee 
 unanimously agree that the prayer of the petitioners ought not 
 to be granted, and report the same back, and ask to be discharged 
 from the further consideration of the subject. 
 
 Which was granted. 
 
UNCOLLECTED WORKS OF LINCOLN 137 
 
 Mr. Lincoln, from the same committee to which were also 
 referred the petitions of sundry citizens of Montgomery and 
 Shelby counties, praying the establishment of new counties, re- 
 ported that they find that a majority of neither county has 
 signed the said petitions, and they therefore report the same 
 back, and ask to be discharged from the further consideration 
 of said petitions. 
 
 Which was granted. 
 
 REPORT BY LINCOLN OF ANNUAL REVENUE AND 
 EXPENDITURES OF THE STATE OF ILLINOIS, 
 
 FEBRUARY 16, 1837 
 Lincoln as a member of the Committee on Finance of the 
 House, agreeable to a directing resolution, prepared and submit- 
 ted the following report on the receipts of the State in a period 
 of doubt and stress. 
 
 The Committee on Finance, who were required by a resolu- 
 tion to ascertain the amount of money annually receivable into 
 the State Treasury by operation of the existing revenue laws; 
 and also, the amount necessary to meet the current expense of 
 the government, report: 
 
 That the amount receivable from all sources is $57,895.15 
 
 And the amount required 55,151.97 
 
 The different items, forming the above amount 
 of money are as follows (viz) 
 
 From non-resident land tax $44,395.15 
 
 From State Bank 12,000.00 
 
 From Shawneetown Bank 1,500.00 
 
 Total as above $57,895.15 
 
 As to the amount necessary to meet the current expenditures 
 of the government, the Committee on Finance, have relied on a 
 report made by the Committee on Public Accounts and Expendi- 
 tures, which, as above is $55,151.97 
 The Committee on Finance, on looking over the report of the 
 Committee on Public Accounts and Expenditures, discover that, 
 in their judgment, much too small a sum is allowed for a con- 
 tingent fund; they therefore think it prudent to add $15,000.00 
 
 Total $70,151.97 
 
 From which take the revenue 57,695.15 
 
 Leaving a deficit of $12,256.82 
 
138 UNCOLLECTED WORKS OF LINCOLN 
 
 AMENDMENT BY LINCOLN TO THE ACT PERMAN- 
 ENTLY LOCATING THE SEAT OF GOVERNMENT 
 OF THE STATE OF ILLINOIS, 
 FEBRUARY 21, 1837 
 
 Thanks in large part to Lincoln's adroit management on 
 February 28, 1837, the Legislature of Illinois in joint session 
 chose Springfield as the permanent site of the capital of the state 
 and on April 15 the member from New Salem took up his 
 residence in that town which was to remain his home until he 
 left it in 1861 to assume the Presidency. One of the movements 
 which assured success to the friends of Springfield was this 
 amendment submitted by Lincoln which in due course became a 
 part of the act passed February 28, 1837. 
 
 Provided that this act shall be null and void, unless the sum of 
 fifty thousand dollars be donated by individuals, and secured by 
 bonds and security to be approved of by the Governor, and made 
 payable to, the State Treasurer; to become due at such time as 
 the Governor shall direct, which bonds shall be executed and 
 filed with the State Treasurer on or before the first day of May 
 next, and which donation is especially designed to meet the ap- 
 propriation herein before made, and shall be applied exclusively 
 and immediately to that object; and also, unless a sufficient quan- 
 tity of ground not less than two acres, upon which to erect public 
 buildings, be donated and conveyed to the State without expense 
 to the State. 
 
 NOTE IN THE CASE OF TAYLOR VS. SIMMONS, 
 
 FEBRUARY 23 AND JULY 8, 1837. 
 
 (Herndon-Weik Collection) 
 
 This note is in the hand of Taylor, and signed by Simmons. 
 The latter appears to have written "P. Simmons to Note, etc." 
 on the cover of the note, and Taylor signed it below. Mr. Lin- 
 coln penned the notation of the receipt of eighty dollars upon the 
 note. The note was assigned by Taylor to Peyton L. Harrison 
 and furnished grounds for the suit in which Mr. Lincoln filed 
 praecipe in Harrison vs. Simmons on September 16, 1837. The 
 declaration in this assumpsit suit was filed by Mr. Lincoln on 
 September 22, 1837. 
 
 Six months after date I promise to pay John Taylor or 
 order Two hundred & thirteen dollars & Sixty two cents to draw 
 
UNCOLLECTED WORKS OF LINCOLN 139 
 
 Twelve per cent from the date until paid for value received this 
 23 of February 1837 
 
 $213.62 Pollard Simmons 
 
 Attest 
 
 John W Warner 
 P Simmons 
 To Note 
 
 $213.62 
 
 no. 26 
 John Taylor 
 Received on the within 
 $80, July 8. 1837 — 
 
 BOND OF CHARLES OAKLEY AS FUND 
 
 COMMISSIONER SIGNED BY MR. LINCOLN AND 
 
 OTHERS, MARCH 4, 1837 
 
 This bond appears to have been drawn by a clerk, and signed 
 by the men who became security for Oakley, who was the first 
 to sign it. The signature of Mr. Lincoln appears fifth in the list 
 after that of the commissioner. The concluding part of the docu- 
 ment was apparently drawn by Judge Smith, a leading Democrat 
 of the period, and later, with the Whigs, a supporter of the State 
 Bank of Illinois. Most of the signers of this bond were col- 
 leagues of Mr. Lincoln, and some of them demand mention. 
 Richard N. Cullom was a close friend of Lincoln, a colleague 
 in the Legislature, and father of Shelby M. Cullom, long United 
 States Senator from Illinois. The younger Cullom in after years 
 acted as junior counsel with Lincoln in several cases, and was 
 the "boy lawyer" in one case with Logan and Lincoln. Murray 
 McConnel of Jacksonville was one of the outstanding attorneys 
 of Morgan County, and served as commissioner of the board of 
 public works for the first judicial circuit. Although the clerk 
 seemed to write the name, "Jos. Naper", it is likely that Joseph 
 Naper, state representative from Cook County was meant. Robert 
 L. Wilson was a member of the Legislature from Sangamon 
 County and one of the noted Long Nine. Dan Stone will be re- 
 membered as a co-signer with Abraham Lincoln of a noted pro- 
 test against slavery, written the day before they signed the Oak- 
 ley bond. And in Washington on March 4, 1837, Martin Van 
 Buren became eighth President of the United States, declaring 
 in his inaugural address that he should "follow in the steps of 
 his illustrious predecessor." 
 
140 UNCOLLECTED WORKS OF LINCOLN 
 
 Know all men by these presents that we Charles Oakley M 
 McConnel Wm. Lane Benj. Mitchell Richd. Bentley A Lin- 
 coln L W Wilson Jas. Naper M. Aldrich Robert Storrs Asahel 
 Ball R N Cullum Jonas Rawalt James Craig and Danl Stone 
 are held and firmly bound unto Joseph Duncan Governor of the 
 State of Illinois and his successors in office for the use of said 
 State in the penal sum of fifty thousand dollars lawful money 
 of the United States of America for which payment well and 
 truly to be made we bind ourselves our heirs executors and Ad- 
 ministrators Jointly and severally firmly to these presents sealed 
 with our seals and dated the Fourth day of March A. D. 1837 
 The condition of the above obligation is such that Whereas, 
 the said Charles oakley has been elected to the office of Fund 
 Commissioner under the provisions of an Act of the General 
 Assembly of the State of Illinois, entitled An Act to establish 
 and maintain a General System of Internal improvement, ap- 
 proved the 27th day of February A. D. 1837. Now if the said 
 Charles Oakley shall well and truly and faithfully discharge 
 
 the duties of said office of Fund commissioner as aforesaid ac- 
 cording to the provisions of said act and shall faithfully account 
 for all moneys that shall or may come into his hands as such 
 Fund Commissioner and shall faithfully perform such other du- 
 ties as shall from time to time be imposed upon him by law as 
 such commissioner, then this obligation to be void otherwise to 
 remain i,n full force and virtue. 
 
 Signed Sealed and 
 
 delivered) 
 
 ) 
 ) 
 
 
 in presence of 
 
 
 
 Chas. Oakley 
 
 
 
 M. M..Connel 
 
 (Seal) 
 
 
 Wm. Lane 
 
 (Seal) 
 
 
 Ben. Mitchell 
 
 (Seal) 
 
 Approved 4th 
 
 Richard Bentley 
 
 (Seal) 
 
 March 1837 
 
 A Lincoln 
 
 (Seal) 
 
 Joseph Duncan 
 
 R. L. Wilson 
 
 (Seal) 
 
 Grovr of Illinois 
 
 Jas Naper 
 
 (Seal) 
 
 
 M. Aldrich 
 
 (Seal) 
 
 
 Robert Storrs 
 
 (Seal) 
 
 
 Asahel F. Ball 
 
 (Seal) 
 
 
 Richard N. Cullom 
 
 (Seal) 
 
 
 James Craig 
 
 (Seal) 
 
 
 Dan Stone 
 
 (Seal) 
 
UNCOLLECTED WORKS OF LINCOLN 141 
 
 State of Illinois on this fourth day of 
 March 1837 personally appeared before the undersig 
 one of the Justices of the Supreme Court of the State 
 of Illinois Charles Oakley the person named in the 
 aforegoing Bond who was duly sworn to support 
 the Constitution of the United States, and of this State 
 and to faithfully honestly and diligently discharge 
 the duties of fund Commissioner according to Law 
 a.id the best of his abilities 
 
 In Testimony whereof the undersg 
 hath set his name the day and 
 year aforesaid 
 
 Theophilus W. Smith 
 
 ENTRY FOR E. C. ROSS IN STUART AND LINCOLN 
 FEE BOOK, APRIL, 1837 
 
 This entry, in the hand of Mr. Lincoln, is from the fee book 
 of Stuart & Lincoln now in the possession of Mrs. Edna Oren- 
 dorff Macpherson of Springfield. Her father was Alfred Oren- 
 dorff, the last law partner of William Henry Herndon, from 
 whom he received a gift of the fee-book. The Ross entry is one 
 of seven entries which appear in Whipple, u The Story-Life of 
 Lincoln," Page 148, but as five of the entries are in the original 
 manuscript form in the Herndon-Weik Collection, this entry is 
 presented as a separate item to prevent repetition of material. 
 The other entry is that for Lucinda Mason, dated October, 1837. 
 E. C. Ross 
 
 To Stuart &Lincoln Dr 
 
 1837- April- To attendance at trial of right of 
 
 J. F. Davis property before Moffett $5.00 
 
 ENTRY IN THE FEE BOOK OF STUART & LINCOLN, 
 
 APRIL, 1837 
 
 The entry reproduced below is in the hand of the junior 
 partner of Stuart & Lincoln. It is the record kept by the two 
 partners in their well-known fee book now owned by Mrs. Edna 
 Orendorff Macpherson of Springfield. Mr. Lincoln made numer- 
 ous entries, but upon the departure of the senior partner for 
 Washington on November 2, 1839, he penned the humorous pas- 
 sage in the fee book, "Commencement of Lincoln's Administra- 
 tion:' 
 
142 UNCOLLECTED WORKS OF LINCOLN 
 
 Mather, Lamb & Co. 
 To Stuart & Lincoln Dr 
 
 1837 — April — To attendance at trial of right of J. F. Davis' 
 property before Moffett $5.00 
 
 LETTER OF LINCOLN TO LEVI DAVIS, 
 If APRIL 19, 1837 
 
 Lawyer Lincoln's first weeks in Springfield in the spring of 
 1837 were lonely ones. U I am quite as lonesome here as I ever 
 was anywhere in my life," he wrote Mary Owens in New Salem. 
 But soon he found new and congenial friends, and activities that 
 until the end of his days were to have first claim on his time and 
 energy. The adoption of nominating conventions was about to 
 give birth and permanence to the party system, and without delay 
 the newcomer became a member of the group of half a dozen 
 Springfield men who shaped Whig affairs in Sangamon County 
 and were planning to exercise alike influence in the state. 
 
 One of the members of this group early became a close friend 
 of Mr. Lincoln This was Dr. Anson G. Henry, who loved a 
 fight, wielded a sharp pen and had a genius for making enemies. 
 Early in 1837 Dr. Henry was named a member of a three-man 
 commission — William Herndon and Archibald Job were his as- 
 sociates — charged with the superintending of construction of the 
 new state house in Springfield. True to his urge to rule, Dr. 
 Henry from the first made this commission a one-man affair 
 and shaped its course with a high hand. The letter from Mr. 
 Lincoln introducing Dr. Henry to Levi Davis, state auditor at 
 Alton, here reproduced, served its purpose. Dr. Henry received 
 $400 on April 22 and returned with it to Springfield, where, a 
 growing group of his enemies charged he conducted the affairs 
 of the commission with lavish hand until in 1840 retired from 
 office by action of the General Assembly. 
 
 Meanwhile, also in 1837, Dr. Henry was made the Whig 
 candidate for probate judge in opposition to James Adams, in- 
 cumbent of that office. Those who believed that in the construc- 
 tion of the new state house he was recklessly spending the people's 
 money resolved to accomplish his defeat for the probate judge- 
 ship. There followed a bitter personal and political fight, tvaged 
 through the newspapers and on the hustings in which Mr. Lin- 
 coln, who, as will presently appear, had his own reasons for re- 
 garding Dr. Henry's opponent as a rogue, took a leading part. 
 The election, however, proved that a majority of the voters 
 
UNCOLLECTED WORKS OF LINCOLN 143 
 
 regarded Adams as the victim of unwarranted persecution, for 
 
 he received 1025 votes to 792 for Henry. ^ 
 
 Springfield April 19, 1837 
 Levi Davis, Esq., 
 
 Friend Davis — The bearer of this, Dr. A. G. Henry, visits 
 you for the purpose of drawing a small amount of money to 
 enable the Commissioners to commence the erection of a State 
 House. He, as you probably recollect, is one of the Building 
 Commissioners. The Bond for the $5000, required by the act 
 locating the Seat of Government, has been executed by several 
 of our Citizens and duly approved by the Governor, and will be 
 filed with the Treasurer by Dr. Henry on his Arrival at your 
 Town. The Dr. being a Stranger to you and the Treasurer, and 
 his duties being of a new kind, he has asked me to request you 
 as friends to render him what assistance you conveniently can. 
 We have, generally in this Country, Peace, Health, and Plenty, 
 and no News. Very respectfully, 
 
 A. Lincoln 
 
 NOTE AND PRAECIPE IN THE SUIT OF WEBB VS. 
 WATSON, APRIL 21, 1837 
 
 The note here reproduced was not drawn by Mr. Lincoln. 
 The "Dam $300" in the lower right hand corner is the only part 
 of it that was the work of his hand. So also were the copy of the 
 instrument sued on, the instructions to Orr, and the praecipe. 
 The cover notations and date of filing are the work of the clerk, 
 Butler. The case when it came before the Sangamon Court for 
 trial on July 6, 1837, was decided in favor of Stuart & Lincoln's 
 client Webb, who was awarded a judgment of $87.70. 
 Six months after Date I promise to pay Joseph Klein or order 
 the sum of Two Hundred and Thirty four Dollars and Ninety 
 Six cents. For Value Received of him — March 17th 1837. James 
 G. Webb. 
 
 Teste (?) 
 
 John T. Stuart Dam $300 
 
 James G. Webb's 
 Note $234.96 
 due 17th Sept. 1837 
 
 A Copy of the instrument sued upon follows: 
 Know all men by these presents that we Andrew Orr & Ben- 
 jamin Watson are held and firmly bound unto James Webb 
 assignee of Bell & Tinsley in the penal sum of one hundred and 
 
144 UNCOLLECTED WORKS OF LINCOLN 
 
 twenty dollars, current money of the United State, for the pay- 
 ment of which well and truly to be made, we bind ourselves, our 
 heirs executors and administrators, jointly, severally 
 
 and firmly by these presents 
 
 Witness our hands and seals this 18th day of April A D 
 1835. The condition of the above obligation is such, That 
 whereas the said Webb assignee aforesaid, did on this 31st day 
 of March A. D. 1835 before Mordecai Mobley a justice of the 
 peace for the county of Sangamon, recover a judgment against 
 the above bounden Andrew Orr for the sum of $61-50 & Costs 
 from which judgment the said Andrew Orr has taken an appeal 
 to the circuit court for the county of Sangamon aforesaid and 
 State of Illinois, now if the said Andrew Orr shall prosecute his 
 said appeal with effect, and shall pay the said debt and all costs 
 in case the said judgment shall be affirmed or adjudged against 
 him on the trial thereof in the said circuit court, then the above 
 obligation to be void ; otherwise to remain in full force and effect 
 
 Taken and entered into before me 
 at my office this 18th day of April 
 1836 
 Test C. R. Matheney Clerk ) 
 N. W. Matheney. ) 
 
 Andw. Orr (LS) 
 Benjamin Watson (LS) 
 State of Illinois \ In Circuit court 
 Sangamon county \ July Term 1837 
 
 James Webb ] 
 
 vs l 
 
 Benajamin Watson J 
 In Debt 
 
 Debt $200 
 Damage 100. 
 J. T. Stuart for Plff 
 James G. Webb 
 
 vs l Precipe 
 
 J 
 
 Benjamin Watson 
 Filed april 24th 
 1837 
 
 Wm. Butler elk 
 
UNCOLLECTED WORKS OF LINCOLN 145 
 
 REPORT OF COMMISSIONERS DRAWN BY MR. 
 LINCOLN OF THE MARKING AND LOCATION 
 OF A ROAD FROM SPRINGFIELD TO 
 NATHAN HUSSEY'S, MAY 23, 1837 
 The original of this report drawn by Mr. Lincoln is now in 
 the Illinois State Historical Library. It recalls what was, no 
 doubt, one of his last tasks as deputy surveyor of Sangamon 
 County. George Pasfield was a native of England who settled 
 in Springfield in 1821 and until his death in 1869 at the ripe age 
 of seventy-seven was a leading merchant of the town. Washing- 
 ton lies came from Kentucky to Illinois in his youth, served in 
 the Black Hawk War, and with Mr. Lincoln had a part in bring- 
 ing the steamboat Talisman up the Sangamon to a point near 
 Springfield, the only steamboat, as recorded elsewhere, to ever 
 ascend that stream to a point so far from its mouth. lohn Wil- 
 liams was another native of Kentucky who came in his teens to 
 Springfield, where he was first a clerk in the store of Major 
 Elijah lies and ere long the successor of that pioneer in business. 
 All three of the commissioners who signed this report were 
 friends and political supporters of Abraham Lincoln. 
 
 We, the undersigned, being appointed by the county com- A 
 
 missioner's court of Sangamon county, to view a road from the 
 Public Square in Springfield to Nathan Hussey's on the Fort 
 Clark road, report that we have viewed, marked, and located the 
 road as follows (towit) Begining at the Public Square aforesaid, 
 and running from thence with the Peoria road as now traveled, 
 to a point in the middle of said road, from which one of the 
 bearing trees of the South West corner of Section one in Town- 
 ship 16 North of Range 5 West, being a Black Oak 12 inches in 
 diameter, bears Nl*4 E 8 chains & 12 links and thence according 
 to the Plot & Field notes returned herewith, to a point on the old 
 road near to the North West corner of the aforesaid Section one 
 Thence with the old road as now traveled to the said Hussey's. 
 
 Given under our hands this 23rd of May 1837 
 We report said road to be of public utility. 
 
 Geo. Pasfield 
 Washington lies 
 John Williams 
 
 CONTRACT FOR CONTINGENT FEE DRAWN BY 
 LINCOLN, MAY 26, 1837 
 
 This contract, now in the Illinois State Historical Library 
 at Springfield, marked the beginning of the most widely discussed 
 
146 UNCOLLECTED WORKS OF LINCOLN 
 
 suit which fell in Mr. Lincoln's early years as a lawyer. He 
 had been for only a few weeks the partner of John T. Stuart 
 when Mary and Richard Anderson, widow and son of Joseph 
 S Anderson, came to Spring fie rfrom their home in Fulton County, 
 to secure possession of and sell ten acres of land lying in the hills 
 near Springfield upon which Oak Ridge Cemetery, the final rest- 
 ing place of Mr. Lincoln was later located, which they claimed 
 belonged to them as heirs of their husband and father. 
 
 They found the land occupied by General James Adams, the 
 former attorney of Anderson, who claimed title to it through 
 deeds and other documents of record. Adams, a native of Con- 
 necticut where he was born in 1783, had studied for the bar in 
 New York, and in 1821 had become Springfield's first lawyer, 
 soon acquiring what at that time was regarded as an extensive 
 practice. He won the title of general in the Winnebago and 
 Black Hawk Wars, and for fourteen years following 1823 served 
 as justice of the peace. Not a few had occasion in due time to 
 doubt his integrity, but, a hail fellow well met, he fitted easily and 
 happily into pioneer conditions, and, as the sequel was to prove, 
 until the end of his days had more friends than enemies. 
 
 Adams, of course refused in May, 1837, to give up the land 
 claimed by the Anderson heirs and the latter applied to Lawyer 
 Lincoln to recover it for them. An examination of the records 
 convinced the young attorney that Adams, in perfecting a title, 
 had resorted to forgery, and he agreed without delay to bring 
 suit for the recovery of the land. His next step was to engage 
 Stephen T. Logan, who was then leader of the Sangamon County 
 bar and who later was to become his partner, to assist in the litiga- 
 tion. Then he drew up a contract for a contingent fee, which on 
 May 26 the widow and son signed, the former with her mark. 
 And on June 22, as will be set forth on a later page, Stuart and 
 Lincoln, together with Logan and Logan's partner, Edward D. 
 Baker, filed suit against Adams for the recovery of the land. 
 
 Whereas the heirs of Joseph Anderson deceased are about 
 ^ v ,*v * to commence an action in chancery in the Sangamon Circuit 
 Court, for the recovery of a certain piece of ground (describing 
 the land in controversy) ; and whereas, Stephen T. Logan, John 
 T. Stuart and A. Lincoln have engaged to prosecute the suit as 
 attorneys for the said heirs, we, the subscribers, being the widow 
 and one of the sons of the said Anderson deceased, agree to give 
 to said Logan, Stuart and Lincoln one-half of the said piece of 
 ground for their services, provided they recover the same; but 
 
UNCOLLECTED WORKS OF LINCOLN 147 
 
 are not bound to pay anything unless the said piece of ground be 
 recovered. 
 
 LETTER OF MR. LINCOLN TO THE THIRD AUDITOR 
 OF THE TREASURY, MAY 30, 1837 
 
 This letter, the original of which is now in the Illinois State 
 Historical Library, again testifies to Mr. Lincoln's readiness to 
 aid those who had served with him in the Black Hawk War. On 
 June 28, 1837 the auditor allowed Demmon the sum of $32.68. 
 
 Springfield, Illinois, May 30th 1837- 
 
 If the claim, founded upon the enclosed papers, be allowed, 
 the money may be forwarded directly to the claimant, "Archelaus 
 Demmon, Springfield, Illinois" If it be not allowed, on account 
 of insufficiency of evidence, or for other cause, and the defect, 
 whatever it may be, can be remedied, write back, stating partic- 
 ularly what is lacking, and direct to A. Lincoln, place as above. 
 
 The Paymaster or disbursing officer of whom this applicant 
 received pay was, according to recollection, Major Wright of the 
 United States Army. In this there may be a mistake, as there is 
 nothing but memory to refer to. At any rate it was the officer 
 that paid Whiteside's Brigade. 
 
 Respectfully 
 
 A. Lincoln for 
 the Applicant 
 Third Auditor 
 
 PRAECIPE AND AFFIDAVIT IN THE SUIT OF ELLIS 
 & COMPANY VS. SMITH, JUNE 9, 1837 
 
 The precipe and cover notations and the affidavit here re- 
 produced, except for the date of filing by Clerk Butler and 
 Speed's signature to the affidavit, were drawn by Mr. Lincoln. 
 Speed, then a member of A. Y. Ellis & Company, shared his bed 
 with Mr. Lincoln when in April, 1837, the latter removed from 
 New Salem to Springfield, arriving in his new home on a bor- 
 rowed horse and with only a few dollars in his pocket; and he 
 was long the young lawyer's closest friend. 
 State of Illinois ] In the Sangamon circuit court 
 
 I ss 
 Sangamon county] July Term 1837 
 
 A Y. Ellis, James Bell & Joshua F. Speed 
 
 merchants, doing business in the name of 
 
 P 
 
148 UNCOLLECTED WORKS OF LINCOLN 
 
 A. Y. Ellis & Co.] In attachment 
 
 vs I Debt $6276 cents 
 
 Thomas P. SmithJ 
 
 The clerk will issue a writ of 
 attachment herein upon affadavit herewith filed returnable to the 
 next term. 
 
 Stuart & Lincoln, for Plffs 
 
 A. Y. Ellis & Co. 
 
 vs. 
 Thomas P. Smith 
 
 Precipe 
 Filed June 9th 1837 
 
 Wm. Butler Clk. 
 
 State of Illinois ] 
 
 Us 
 Sangamon countyj 
 
 Joshua F Speed being duly sworn saith that he is one of the 
 partners of a firm trading under the style of A. Y. Ellis & Co. 
 which firm is composed of this deponent, Abner Y. Ellis and 
 James Bell: that Thomas P. Smith is justly indebted to the said 
 firm in the sum of sixty two dollars and seventy six cents lawful 
 money of the United States upon a store account: That said 
 Smith has departed from this state, with the intention, as this 
 deponent believes, of having his effects and personal estate re- 
 moved without the limits of this state, and with the intention, as ■ 
 this deponent believes, of not returning. 
 
 That the deponent knows of no other means of collecting 
 said debt but by the process of attachment, may issue &c 
 
 Joshua F Speed 
 Sworn to before me 
 this 9th day of June 1837 
 Wm Butler Clk 
 A Y Ellis & Co 
 
 1 
 vs [ affa 
 
 J 
 
 Thomas P. Smith 
 Filed June 9th 1837 
 Wm Butler Clk 
 
UNCOLLECTED WORKS OF LINCOLN 149 
 
 AFFIDAVIT OF WILLIAM HERNDON IN THE SUIT 
 
 OF HERNDON VS. SMITH, JUNE 9, 1837 
 
 (Herndon-Weik Collection) 
 
 This affidavit was signed by Herndon, but the rest of the 
 
 paper is in the hand of his attorney, Lincoln. The signing of 
 
 the affidavit is attested to in the hand of Butler, as are the cover 
 
 notations. The affidavit signed by Lincoln is in the hand writing 
 
 of William Herndon, uncle of William H. Herndon, the last law 
 
 partner of Mr. Lincoln. William H. Herndon was nineteen years 
 
 old, and a minor in the eyes of the law courts. J. Rowan Herndon, 
 
 familiarly known as Rowan, was a cousin of William Herndon 
 
 and it was from him Mr. Lincoln bought an interest in a store 
 
 at New Salem which later was the subject of much troublesome 
 
 litigation. 
 
 State of Illinois ) 
 
 V ss 
 Sangamon county) 
 
 William Herndon being duly sworn saith that Thomas P. 
 Smith is justly indebted to him in the sum of twenty one dollars 
 and sixty cents lawful money of the United States upon a promis- 
 sory note made by said Smith to J. R. Herndon and assigned 
 by said J. R. Herndon to the deponent the said William Hern- 
 don. The said note being originally made for one hundred dol- 
 lars, bearing date April 3rd 1837. to become due twenty two days 
 after date, and to bear twelve per cent interest from the time 
 due until paid, upon which is a credit entered on the 27. May. 
 1837, for twentynine dollars and seventyfive cents. That said 
 Smith has departed from the state with the intention so this de- 
 ponent believes of having his effects and personal estate removed 
 without the limits of this state; and with the intention of not 
 returning as this deponent believes 
 
 That the deponent knows of no other means of collecting 
 said debt, but by process of attachment and prays that an attach- 
 ment may issue &c 
 
 William Herndon 
 Sworn to before me this 
 9th day of July A D 1837 
 Wm Butler Clk 
 William Herndon 
 ] 847 
 
 vs \- affa 
 
 Thomas P. Smith 
 
150 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 Filed June 9" 1837 
 Wm Butler Clk 
 
 PLEA OF COMPLAINANT AND ISSUE OF SUBPOENA 
 
 IN THE CHANCERY SUIT OF HOUGHTON VS. 
 
 HART, JUNE 15, 1837 
 
 (Herndon-Weik Collection) 
 
 The plea of complainant and cover notations here repro- 
 duced, except for the date of filing, are in the hand of Mr. Lin- 
 coln. The order for issue of subpoena zvas drawn by his partner, 
 John T. Stuart, whose indifferent penmanship is in marked con- 
 trast to the neatness of Mr. Lincoln's handwriting. On the other 
 hand, the word "beginning" is spelled "begining" by Mr. Lincoln, 
 a usage characteristic of his surveys and more than one legal 
 paper. The possessive word "its" is spelled "it's", the apostrophe 
 being very distinct upon both occasions upon which Mr. Lincoln 
 used the word. The clause, "and render such other and further 
 relief as may seem equitable & your orator &c," is employed 
 rather than the one more frequently used in later documents, 
 to wit, "As equity may seem to require and as in duty bound 
 &c." The tract of land which was the bone of contention in 
 this suit consisted of 12 :48 acres on the south side of Rock Creek, 
 six miles from New Salem. Mr. Lincoln had surveyed it for 
 David Hart in November, 1834. It may be noted in passing that 
 the day before he began this suit for Houghton Mr. Lincoln had 
 closed his accounts as postmaster of New Salem by paying to 
 William Carpenter, Springfield postmaster, the sum of $248.63, 
 which, in the face of pressing personal needs, he had carefully 
 guarded against the day when demand woidd be made for it. 
 And likewise on June 14, 1837, he wrote the first of his Sampson 
 Ghost letters of which more on another page. 
 To the Honorable the Judge of the circuit court for 
 
 Sangamon county in chancery sitting — 
 
 Respectfully sheweth your orator, Elijah Houghton, that 
 David Hart, being seized of a certain tract of land, being a part 
 of the West half of the South East quarter of Section Thirteen 
 in Township Seventeen North of Range Seven West of the Third 
 Principal Meridian, and bounded as follows, towit, begining at 
 the South East corner of said half quarter; thence West with the 
 Southern boundary line of the same ten chains and seven links; 
 thence North twelve chains and forty links to the centre of the 
 
UNCOLLECTED WORKS OF LINCOLN 151 
 
 channel of Rock creek; thence down the said creek with its 
 meanderings to the eastern boundary line of said half quarter; 
 thence South with said Eastern boundary line to the place of 
 begining; containing twelve acres and fortyeight hundredths of 
 an acre more or less; and being so seized, sold to your orator, 
 and your orator purchased of him, the said David Hart, the said 
 tract of land, and paid for the same in other land acre for acre, 
 and conveyed the same to the said David Hart. After the time 
 of sale of said land to your orator, to wit, in the month of 
 November in the year 1834 possession of the same was given by 
 the said David Hart to your orator, in whose possession it has 
 ever since remained. Your orator would further state that no 
 deed or memorandum in writing was ever executed by the said 
 David Hart in relation to the sale of said land to your orator — 
 which omission originated in the confidence reposed by your 
 orator in the said David Hart. 
 
 That some time in the month of May in the year 1836, the 
 said David Hart died, leaving the following named heirs at law. 
 towit, Jefferson Hart, Melissa Jane Hart, and Rhoda Hart, whom 
 your orators prays may be made defendants to this bill, and 
 required to answer touching all and singular the allegations therein 
 contained. 
 
 Your orators prays that upon a final hearing of this case, 
 your Honor would decree, that all the right, title and interest 
 which the heirs at law of the said David Hart, have in that part 
 of the West half of the South East quarter of Section Thirteen 
 in Township Seventeen North of Range Seven West of the Third 
 Principal Meridian which is bounded as follows, towit, begining 
 at the South East corner of said half quarter; thence West with 
 the Southern boundary line of the same, ten chains and seven 
 links ; thence North twelve chains and forty links to the centre of 
 the channel of Rock creek; thence down the said creek with it's 
 meanderings to the Eastern boundary line of said half quarter; 
 thence South with said Eastern boundary line to the place of be- 
 gining; containing twelve acres and fortyeight hundredths of an 
 acre more or less, situated in the county of Sangamon, be con- 
 veyed to your orator, and render such other and further relief 
 as may seem equitable & your orator &c 
 
 Stuart and Lincoln 
 Complainant's Solicitors 
 
152 UNCOLLECTED WORKS OF LINCOLN 
 
 28 
 
 Elijah Houton 
 
 vs 
 Jefferson Hart 
 Melissa Jane Hart 
 Rhoda Hart 
 
 In Chancery 
 
 Let a subpoena in Chancery issue for the above Defendants 
 returnable to the next Term 
 
 Stuart & Lincoln 
 June 15th 1837 
 Houghton 
 
 vs 
 Harts Heirs 
 Filed June 15th 1837 
 
 Wm Butler Clk 
 
 ANSWER OF SAMUEL H. TREAT AS GUARDIAN AD 
 
 LITEM IN THE SUIT OF HOUGHTON VS. HART, 
 
 SANGAMON CIRCUIT COURT, JUNE 15, 1837 
 
 This answer of Treat is taken from the original record in 
 the Complete Record book for the case. It is in the hand of the 
 clerk, but no doubt the original was penned by Treat. It is in- 
 cluded as a part of the history of the suit of Houghton vs. Hart 
 in which Stuart & Lincoln were counsel for the defendant. 
 Elijah Houghton ) 
 
 vs. ) 
 
 Jefferson Hart ) In Chancery 
 
 Melissa Jane Hart &) 
 Rhoda Hart ) 
 
 Samuel H Treat Guardian ad litem of the defendants 
 above named for answer in their behalf to the bill in this cause 
 filed saith That he knows nothing of the matters & 
 
 allegations in said bill contained & requires full proof thereof 
 on the part of the complainant 
 
 S. H. Treat 
 
 AFFIDAVIT IN THE SUIT OF ELLIS & COMPANY 
 VS. SMITH, JUNE 17, 1837 
 
 The affidavit here reproduced was drawn by Mr. Lincoln. 
 The attestation and cover notations zvere penned by Butler. 
 
UNCOLLECTED WORKS OF LINCOLN 153 
 
 State of Illinois 1 
 
 r S S 
 
 Sangamon county) 
 
 A. Y. Ellis (alias) Abner Y. Ellis, being duly sworn de- 
 poses and says that Thomas P. Smith is justly indebted to him 
 in the sum of one hundred and fifteen dollars lawful money of 
 the United States, the same being upon a promissory note for 
 that sum, bearing date the 8th day of June 1837; that, the said 
 he believes, is having his effects and personal estate removed with- 
 out the limits of the State ; and the said Smith has some per- 
 sonal property in the county aforesaid 
 
 Abner Y Ellis 
 Sworn to before me this 
 
 7" day of June 1837 
 Wm. Butler Clk 
 A Y Ellis 
 
 vs y affa 
 
 Thomas P Smith 
 Filed June 17" 1837 
 Wm Butler Clk 
 
 SAMPSON'S GHOST LETTERS BY LINCOLN, JUNE 17, 
 1837 AND LATER 
 
 In 1837 each party, Whig and Democrat, had its organ in 
 Springfield. The Sangamo Journal edited by Simeon Francis, 
 friend and supporter of Mr. Lincoln from the latter 's early days 
 at New Salem, was the Whig, and the Illinois Republican, George 
 R. Weber, editor, was the Democratic organ. On June 15, the 
 Republican attacked Dr. Anson G. Henry charging that he had 
 been appointed state house commissioner as a reward for the 
 "dirty work" he had done for the Whigs, and that now the people 
 were paying a heavy price for it. i( At the rate he is progressing," 
 said the editor, "it is probable that the $50,000 the people of this 
 town have to pay will about pay the expense of the foundation 
 and the Building itself will not cost the State more than $500,000 
 if A. G. Henry is allowed to superintend it." 
 
 Three days later the Journal, quick to counter in an effective 
 way, charged that the Republican article was prompted by par- 
 tisan malice, while in another column of the same issue of the 
 Journal Mr. Lincoln in an article signed Sampson's Ghost — the 
 shade of a man who had once owned the land on which Adams 
 lived — gave full reign to an urge for writing anonymous letters 
 
154 UNCOLLECTED WORKS OF LINCOLN 
 
 to the press which was to remain with him until in 1842 it in- 
 volved him in serious trouble with James Shields. Circumstantial 
 evidence of a conclusive sort made it plain at the moment that 
 Mr. Lincoln, whose contempt for Adams had become of a bitter 
 and unyielding kind, was the writer of the Sampson's Ghost 
 article, and at a later date he indirectly admitted its authorship. 
 He now inferred that Adams was responsible for the Repub- 
 lican's attempts to injure Henry, and bade him. before assailing 
 the conduct of other men, to study his own — official as well as 
 private, adding that he knew that his own home stood "upon dis- 
 puted ground." And so began what zvas to prove a savage but 
 fruitless war of words. 
 
 In an address before the Abraham Lincoln Association in 
 1937 the late Logan Hay recalled that at New Salem, Mr. Lin- 
 coln inspired by Jack Kelso, the champion idler of the hamlet, 
 had read Shakespeare, adding that Sampson's Ghost might have 
 been suggested to him by the ghost of Hamlet's father. Be this 
 as it may, there is no doubt that the Sampson's Ghost letters 
 were, with a single exception, the one of his earlier efforts re- 
 membered by Mr. Lincoln with least satisfaction in his later years. 
 And it is interesting to recall that zvhen he was writing them in 
 the summer of 1837 in London, Thomas Carlyle, then in the flush 
 of his powers, was publishing his vivid and masterly account of 
 the French Revolution, a book Mr. Lincoln may never have read, 
 but which won and held the admiration of his future partner, Wil- 
 liam Henry Herndon, while in Cambridge, Massachusetts, on Au- 
 gust 31, 1837, Carlyle' s friend, Ralph Waldo Emerson, then in 
 his thirty-fourth year, delivered the address on The American 
 Scholar, which was to assure him a high place among the thinkers 
 of his period. And in his native Salem in the summer of 1837, 
 Nathaniel Hawthorne was turning the pages of Twice-Told Tales, 
 his first great work which had just come from the press. A quar- 
 ter of a century later he was to meet Abraham Lincoln and write 
 of him in an unforgetable way. 
 
 Finally in Petersboro, New York, on July 21, 1837, the day 
 before Mr. Lincoln wrote the first of the Sampson's Ghost let- 
 ters, Gerrit Smith received word that his father's old partner, 
 John Jacob Aster had granted his request for a loan of a quarter 
 million dollars — a loan which, despite the financial panic then at 
 its worst, enabled him to save his great land holdings and to be- 
 come through a long period of years the chief and unfailing 
 
y 
 
 UNCOLLECTED WORKS OF LINCOLN 155 
 
 almoner of the anti-slavery movement. All this was in the future, 
 but during the struggle to preserve the Union Abraham Lincoln 
 zvas to have no firmer friend than Gerrit Smith. 
 
 FIRST SAMPSON'S GHOST LETTER 
 To the Editor of the Journal : 
 
 To my surprise I find, in looking over the last Illinois 
 Republican, an article directed against one of the Commis- 
 sioners appointed by the Legislature to superintend the erec- 
 tion of the State House, well calculated to do Springfield great 
 injury, and discreditable to the whole delegation of this 
 County. In justice to the editor I must say that I do not be- 
 lieve that he was able to comprehend its designed effect when 
 he consented it should appear in his paper. I must think that 
 it was intended solely to injure Dr. Henry, the commissioner, 
 who is now a candidate for Probate Justice of the Peace. I 
 shall not be surprised, if the author can be found out, that it 
 will fall upon the person of Gen. James Adams, who is like- 
 wise a candidate for the same office. — I presume, it is well 
 known that Gen. Adams has always been opposed to Spring- 
 field, as well as her citizens. Before he assails the conduct of 
 other men, he should take a retrospective view of his own con- 
 duct — official as well as private. He must know that his own 
 house stands upon disputed ground. 
 
 Sampson's Ghost. 
 Springfield, June 14, 1837. 
 
 SECOND SAMPSON'S GHOST LETTER 
 
 Fork Prairie, July 4, 1837. 
 To the Editor of the Journal : 
 
 In the Illinois Republican of June 15, by accident, I dis- 
 covered an article which purported to be editorial, designed, 
 as I believe, to injure your worthy citizen and townsman, Dr. 
 Henry, who I had understood, was a candidate for Probate 
 Justice of the Peace. By the time I had finished reading the 
 article above alluded to, I had come to the conclusion that 
 the real author was Gen. James Adams, who was likewise a 
 candidate for Probate Justice of the Peace — as one object was, 
 by injuring Dr. Henry, to benefit him. I now find over the 
 General's own signature, in the same paper of June 21, a denial 
 or the authorship. Be it so; a man may not write an article, 
 and still circumstances may make him morally responsible 
 for it. By the bye, the General does not deny that he has al- 
 
 / 
 
V 
 
 156 UNCOLLECTED WORKS OF LINCOLN 
 
 ways been opposed to Springfield, as well as to her citizens. 
 The Gen'l. makes some allusions to me, which I do not relish 
 very well ; he would have the people believe that I had been 
 mounted upon a rail — better known by soldiers as a wooden 
 horse ! and that I had my back scored until the claret flew, 
 all for my toryism in the last war. I must confess that no one 
 better understands the punishment generally inflicted on a 
 tory than the Gen'l. does, if reports be true. The Gen'l. says 
 "as to insinuations on character I leave that with the public." 
 For my own part I am willing that he shall be the keeper of 
 his own character, or leave it with the people, just as he 
 pleases, if he will just tell the people of this county by what 
 authority he holds possession of the property he now lives 
 upon. In conclusion, I will say that I always 'write' my own 
 name, and if any instrument of writing be in existence not written 
 with my own hand, which affects my interest, I hope my heirs 
 will see to it. I feel in hopes that the death of the Justice of 
 the Peace, together with myself, witness, &c will not rob my 
 heirs of their just claims. 
 
 Sampson's Ghost. 
 Sangamo Journal, June 24, 1837. 
 
 THIRD SAMPSON'S GHOST LETTER 
 
 Fork Prairie, July 4, 1837. 
 To the Editor of the Journal : 
 
 The last production of Gen. Adams, over his signature, 
 which appeared in the Illinois Republican, is quite amusing 
 to some who know him — particularly those who knew him 
 during the last war. Speaking of my communication of June 
 21st, he says: "And his insinuation leads to the inference, 
 (that Gen. Adams might be his brother in toryism ;) as to 
 that then there are too many individuals in this "country 
 to whom my sufferings and losses while in the United States 
 service during the late war are known, to require the least 
 notice." 
 
 If reports be true, I will admit that the General suffered 
 great losses, and that his sufferings were great also. But 
 what were the causes of his losses and why did he suffer? 
 Was it while he was acting in defense of his country, or was 
 it from any improper connection with the British in the war 
 referred to? This is a matter of which I know nothing, and 
 if I did it would be no sort of consequence; but I do know 
 something of the General since he arrived in this country, and 
 
UNCOLLECTED WORKS OF LINCOLN 157 
 
 I again call upon the General to explain to the citizens of this 
 county by what authority he holds possession of two certain lots 
 of ground in Springfield, upon which he now resides? If he 
 will answer this question fairly, without equivocation, and then 
 the people choose to make him Probate Justice of the Peace, 
 I will acknowledge that Sampson never owned one foot of 
 ground in Springfield. He again says : 
 
 "If any person wishes to know the tenor (tenure) of the 
 property on which I reside, it is a leasehold tenement of record, 
 open to all persons, and when Sampson's heirs call for posses- 
 sion of their property, and cannot obtain it by reason that it 
 is legally withheld, it will be early enough to commence com- 
 plaining of injury." 
 
 Why does he refer persons to the record? Will they know 
 any better than they now do? Will they know by looking at 
 the record book whether the instrument of writing be genuine 
 or not? I admire the General for one thing. He appears to wish 
 not to commit himself, for he says when "Sampson's heirs call 
 for possession of their property and cannot obtain it by rea- 
 son that it is illegally withheld, it will be early enough to 
 commence complaining of injury." Mind, the General does 
 not say, that when Sampson's heirs call for their property 
 which he lives upon, and it shall prove to be theirs, I will im- 
 mediately surrender it to them. The General thought, perhaps, 
 if he used the latter language, he would be compelled to do an 
 act for which he has no inclination, and thus add another cir- 
 cumstance to those of a very strange character involved in 
 this affair. 
 
 In conclusion, I will ask of the General one more favor, 
 and it is simply this — Will he refer the citizens of this county 
 to the citizens of Springfield for information as to his transac- 
 tons with Sampson, if he ever had any? It would also facili- 
 tate this matter if he would state who was public administra- 
 tor at the time of my death. Perhaps he may know something 
 important to a right understanding of the subject. I consider 
 that there is nothing unreasonable in these requests. 
 
 Sampson's Ghost. 
 Sangamo Journal, July 8, 1837. 
 
 FOURTH SAMPSON'S GHOST LETTER 
 Fork Prairie, July 12, 1837. 
 To the Editor of the Journal : 
 
 I see Gen. Adams or somebody else has published a piece 
 
158 UNCOLLECTED WORKS OF LINCOLN 
 
 in the Republican, over the signature of "An Old Soldier." 
 The General's visit to the editor of that paper on Sunday night, 
 is now sufficiently explained. The "Old Soldier" writes most 
 eloquently in praise of himself; for it is well known that no 
 other person cares enough about him to write such a mess 
 of stuff for his benefit. I last week called upon the ('old sol- 
 dier') to say if he was willing to refer the People of this 
 county to the old citizens of Springfield, to learn the truth 
 in regard to the manner in which he obtained the lots on 
 which he now resides. But he has shunned the answer. I 
 now ask him to publish the lease which he is said to have ob- 
 tained from me in my lifetime. I want every body should 
 see it, and know, too, when it was recorded. I want every 
 thing should come out. The "old soldier" gives us an account 
 of his feats of chivalry. This is all very well, for if he should 
 not tell them they might be entirely lost to the world. He 
 certifies most valorously for his uprightness and good 
 standing; all very proper for the same reason. He intimates, 
 too, that he is poor; Gen. Adams sometime ago sold one quar- 
 ter of his town property at the termination of the canal for 
 12,000 dollars. The "old soldier" undoubtedly thinks his 
 disguise a good one — but it is quite too thin to answer the 
 purpose. When he fixes any more articles over that signa- 
 ture, I would advise him to be more cautious in exposing him- 
 self. 
 
 Sampson's Ghost. 
 Sangamo Journal, July 15, 1837. 
 
 FIFTH SAMPSON'S GHOST LETTER 
 
 Fork Prairie, July 20, 1837. 
 To the Editor of the Journal : 
 
 I am told Gen. Adams has proved most satisfactorily by 
 affidavits that he was not a tory in the last war. The pains 
 he has taken to clear up this matter, will show that there 
 might be grounds for suspicion, particularly as he was for- 
 merly a violent advocate of the Hartford Convention candidate 
 for Presidency. 
 
 But I am at a loss to understand what connexion Gen. 
 Adams' toryism, or support of a tory candidate for the Presi- 
 dency, has with the property belonging to Sampson's heirs, 
 and now in the possession of Gen. Adams. I have asked him 
 
UNCOLLECTED WORKS OF LINCOLN 159 
 
 to explain the manner in which he came into possession of 
 Sampson's property. You answer that you are not a tory! I 
 still insist upon being referred to some citizens of this town 
 for information touching a lease which I suppose was pro- 
 cured from me since my death. All the answer I can get from you 
 is, that you are not a tory ! 
 
 Now is not there a little evidence of shuffling here? of 
 a disposition to avoid the question at issue — and to lead the 
 public mind on a false trail? Does it not appear that in this 
 matter that you are anxious to leave "snake holes" out of 
 which to escape? 
 
 I must again ask you to give some account of your trade 
 with me — how you came to take advantage of me and draw 
 from me a lease of two lots for ten years, for the great con- 
 sideration of ten dollars — so as to place beyond my control 
 for ten years, two lots, which I had purchased for my own 
 especial benefit. I must also, again, ask you to refer me to 
 some of the respectable citizens of Springfield who knew of 
 that lease, before I can believe that I could have been so crazy 
 as to give you such a lease. I wish to leave my memory 
 purged from the charge of insanity. 
 
 I want, also, that you should publish this lease, so that 
 everybody can see and understand. 1 wish you would also 
 leave the original lease at the Recorder's Office, or some other 
 public place, for examination. A good deal of evidence ma- 
 terial in this matter, can be found in an original document. 
 I hope you will not on any account, lose this lease. A cen- 
 sorious world might say there might be design in losing it. 
 The known care you take of all important documents, will, 
 I doubt not, prevent any such casualty. 
 
 I beg, hereafter, that you will let your military career 
 rest in peace. As a ghost, I have done with military affairs. 
 My great object is to find by what tenure you hold my lots — 
 all the circumstances attending their transfer into your hands. 
 Don't parry this call. 
 
 Sampson's Ghost. 
 Sangamo Journal, July 22, 1837. 
 
 SIXTH AND LAST SAMPSON'S GHOST LETTER 
 
 Fork Prairie, July 26, 1837. 
 To the Editor of the Journal : 
 
 Dear Sir: — I have called and called upon Gen. Adams, to 
 make some statement to this community, in regard to the 
 
160 UNCOLLECTED WORKS OF LINCOLN 
 
 tenor (tenure), by which he holds possession of my lots. I 
 have called upon him to give to the People a copy of the lease, 
 by which he professes to hold that property. I am anxious 
 that the People should see the lease. I have called upon him 
 also, to refer the People to the old citizens of Springfield, to 
 satisfy them that everything was as it should be. Are not 
 these calls reasonable? Would not a man conscious of his 
 rights, at once respond to these calls ? Truth has nothing to 
 fear from examination. I must now, in my turn, refer the 
 People to any and every old citizen of Springfield for informa- 
 tion touching this matter — and, further, I now refer you, on 
 the same subject, to Philip and Edward Clark, men well known 
 in this county, now living on the South Fork and with whom 
 Andrew Sampson ''lived and died." And I want every man 
 who feels interested in this matter, to ask them for all the 
 information they possess concerning it. 
 
 There is another subject which the People wish to under- 
 stand. I allude to the case of Joseph Anderson. You are 
 aware that a lot of land of ten acres, or thereabouts, which 
 appears to be deeded to you on the Record Books of this 
 county, is claimed by the heirs of the said Joseph Anderson — 
 that they have brought a suit against you in the Circuit Court 
 of this County for the said land. 
 
 Information of DEEP IMPORTANCE in this matter will 
 be found in the office of the Circuit Court clerk in Springfield ; 
 and if any citizen calls upon the clerk for the purpose, it will 
 be his duty to exhibit the Record to him. I therefore refer to 
 the records and papers in his office for IMPORTANT in- 
 formation in regard to this property which is deeded to Gen. 
 ADAMS, but which is clained by the heirs of Joseph Ander- 
 son. 
 
 The charges against me of slander pass unheeded by me 
 as the idle wind. I have pointed out to the People how they 
 can do justice to Gen. Adams and to themselves. Let them 
 do it — and if I am wrong, the examination will result to his 
 advantage. 
 
 It is important that the People in selecting a man in 
 whose care to commit DEAD MEN'S ESTATES should be 
 satisfied that a proper disposition will be made of such estates. 
 
 My labors have now nearly ceased. I have only sought 
 to promote inquiry. All I ASK— all I WISH is that TRUTH 
 SHOULD PREVAIL. And before I am charged as a slanderer, 
 
UNCOLLECTED WORKS OF LINCOLN 161 
 
 I wish all the evidence in the case to be fairly, freely and fully 
 examined. 
 
 Sampson's Ghost. 
 Sangamo Journal, July 29, 1837. 
 
 DECLARATION IN THE SUIT OF TRUETT & COMPANY 
 
 VS. RANSDELL, SANGAMON CIRCUIT COURT, 
 
 JUNE 22, 1837 
 
 ( Herndon- Weik Collection) 
 
 This is one of the earlier legal papers penned by Mr. Lincoln. 
 The declaration is in his hand, as are the cover notations, with 
 the exception of the file date by Butler. The other cover notation, 
 a duplicate of the first, is by Butler, and he mis-spelled "Truett" 
 as "Trewett" in citing the case. The document is torn badly and 
 blurred in places, and this accounts for the use of parentheses. 
 The context is derived from similar legal papers in the hands of 
 Lincoln, and reveals the care taken by him in the preparation of 
 his documents. It is not as zvell punctuated as later papers; the 
 words, (< Although often requested so to do," are not in paren- 
 theses, and the use of first names for plaintiffs and defendants is 
 a characteristic not found in later documents. 
 
 Wharton Ransdell, the defendant, zvas the keeper of a 
 Springfield tavern, while the plaintiff, Henry B. Truett, later was 
 to become defendant in a noted murder case tried by Logan, 
 Baker and Lincoln. The records of cases before the Sangamon 
 County Circuit Court are not complete in all cases, and it is not 
 possible to give a full case history of each case engaged in by Mr. 
 Lincoln. In days of hand copying it was difficult to transcribe 
 every case. Judges Dockets are frequently incomplete, and in 
 many cases no final decision in the case exists. A case history of 
 the suit of Truett & Co. vs. Ransdell does not seem to be available 
 in the records of Sangamon County. 
 In the Sangamon county circuit court of the July Term 1837 
 
 Henry B. Truett and William L. May, trading and doing busi- 
 ness under the name of H. B. Truett & Co., complain of Wharton 
 Ransdell being in custody &c. of a plea of tresspass on the case 
 upon promises for that whereas the said Wharton, heretofore, 
 towit, on the twentyfourth day of March in the year eighteen 
 hundred and thirtyseven, at the county and circuit aforesaid, was 
 indebted to the said Henry and William in the sum of thirteen 
 hundred and seventyone dollars and eightyeight cents lawful 
 money of the United States, for divers goods, wares, merchan- 
 dize and chattels, before that time sold and delivere[d to the] 
 
162 UNCOLLECTED WORKS OF LINCOLN 
 
 said Wharton, and at his special instance an[d request] , and 
 being so indebted, he the said Wharton, in consideration, after- 
 wards, towit, on the day and year aforesaid, at the county and 
 circuit aforesaid, undertook and then and there faithfully 
 promised the said Henry and William to pay them the said sum 
 of money when he the said Wharton should be thereunto after- 
 wards requested. Nevertheless the said Wharton not regarding 
 his said promise and undertaking, but contriving and fraudulently 
 intending craftily and subtly to defraud and deceive the said 
 Henry and William in this behalf hath .not as yet paid the said 
 sum of money or any part thereof to the said Henry and William 
 although often requested so to do, but the said Wharton to pay 
 the same to the said Henry and William, hath hitherto wholly 
 refused and neglected, and still doth refuse and neglect. 
 
 To the damage of the said Henry a.nd William in the sum of 
 eighteen hundred dollars and therefore they sue &c. 
 
 Logan & Baker for Plff 
 H. B. Truett & Co. 
 
 1 
 vs ]■ Decln 
 
 Wharton Ransdell 
 Filed June 22 1837 
 Wm Butler Clk 
 
 COMPLAINT OF PLAINTIFF IN SUIT OF MILLER VS. 
 
 CHRISMAN ET AL, JUNE 22, 1837 
 
 (Herndon-Weik Collection) 
 
 The complaint of the plaintiff in this suit, with cover nota- 
 tions, was drawn by Mr. Lincoln, except that Stuart wrote the 
 concluding sentence in which it is stated that Miller had paid 
 the balance of the note against him. Three days before the filing 
 of the Miller complaint Mr. Lincoln had joined in welcoming 
 Daniel Webster to Springfield. The Massachusetts senator, who 
 zvas touring the West with his family, was accorded a military 
 escort from Berlin to Springfield, and after participating in a 
 barbecue at Porter s Grove in the outskirts of the town delivered 
 a long and stirring address to a great throng. 
 To the Honorable the Judge of the Sangamon county circuit 
 
 court in chancery sitting — 
 
 Respectfully sheweth your orator, George Miller, that St. 
 Clair Chrisman and Isaac N. Chrisman were seized of the North 
 East quarter of Section Six in Township Seventeen North of 
 
UNCOLLECTED WORKS OF LINCOLN 163 
 
 Range Six West of the Third Principal Meridian, and being so 
 seized, they, the said St. Clair Chrisman and Isaac N. Chrisman 
 did, on the 19th day of March in the year 1832, sell the said 
 quarter section of la,nd to your orator, and executed and delivered 
 to your orator, their conditional obligation in writing for the 
 conveyance of the legal title of said land to your orator, which 
 obligation your orator herewith files marked (A) and prays that 
 the same may be taken for, and made a part of this bill. Your 
 orator further states that he has performed the condition of said 
 obligation (the same being the payment of money) on his part, 
 in part : and that he is now, and for a long time has been, ready 
 to pay the remaining part. Your orator further states, that at 
 the time he purchased the said land of the said St. Clair Chris- 
 man and Isaac Chrisman, they delivered possession of the same 
 to him your orator, in whose possession it has ever since re- 
 mained. Your orator further states that some time in the year 
 1834 the said Isaac N. Chrisman died, leaving the following 
 named heirs at law, towit, Nancy Chrisman and Peyton Chris- 
 man, whom together with Jacob Chrisman, one of the adminis- 
 trators of the estate of the said Isaac N. Chrisman, and St. Clair 
 Chrisman, the surviving obligor in the aforesaid obligation, and 
 also one of the administrators of the estate of the said Isaac N. 
 Chrisman, your orator prays may be made defendants to this 
 bill, and required to answer all and singular the allegations therein 
 contained — 
 
 Your orator prays that upon a final hearing of this case your 
 Honor would decree, that all the right, title, and interest which 
 the said Isaac N. Chrisman, have to the North East quarter of 
 Section Six in Township Seventeen North of Range Six West 
 of the Third Principal Meridian, situated in the county of Sanga- 
 mon, be conveyed to your orator; and grant such other and fur- 
 ther relief as may seem equitable, & your orator &c. 
 
 Stuart & Lincoln 
 Complainant's Solicitors 
 
 And the said Complainant states that he has since the filing of 
 his said Bill, paid the whole amount of said Note — 
 
 Stuart & Lincoln 
 30 
 George Miller 
 
 Nancy Chrisman 
 Peyton Chrisman 
 
164 UNCOLLECTED WORKS OF LINCOLN 
 
 Jacob Chrisman 
 St. Clair Chrisman 
 Filed June 22 1837 
 Wm Butler Clk 
 
 ORDER IN CHANCERY SUIT OF MILLER VS. 
 
 CHRISMAN ET AL, PROBABLY JUNE 22, 1837 
 
 ( Herndon-Weik Collection) 
 
 As in the case of Moses Martin vs. the Heirs of Martin, this 
 court decree was handed down upon October 16, 1837, the same 
 day upon which petition for partition was filed. It is possible 
 the court decree was dated down in like manner in the preceding 
 case, although the decree is undated. Peyton Chrisman appears 
 as the defendant in both cases and it would appear that the 
 guardian ad litem had been appointed on June 22, 1837. A final 
 decree in the case was rendered on March 17, 1838 and was in 
 favor of George Miller, the plaintiff and client of Stuart and 
 Lincoln. 
 
 George Miller Complainant 
 
 against 
 Nancy Chrisman \ In Chancery 
 
 Peyton Chrisman 
 Jacob Chrisman & 
 St. Clair Chrisman, Defendants 
 
 This day came the complainant by his solicitor, and it appear- 
 ing to the court that process had been regularly served upon the 
 said Jacob Chrisman and St. Clair Chrisman ; and it also appear- 
 ing to the court that the said Nancy Chrisman and Peyton S. 
 Chrisman are not inhabitants of this state, and that publication 
 of the pendency of this suit has been duly made according to law; 
 and Samuel H. Treat having been appointed guardian ad litem 
 to the said Peyton Chrisman, files his answer and says that he 
 has examined the Bill and papers filed and exhibits in said 
 cause, and states that he knows of no reason consistent with 
 the interest of said minor heir why the prayer of said Bill of 
 complaint should not be granted; and the said Nancy Chrisman, 
 Jacob Chrisman, and St. Clair having been three times solemnly 
 called, came not, but made default; it is therefore ordered by 
 the court that as to them the complainants Bill be taken for 
 confessed; and it appearing to the court that the allegations of 
 said Bill are true: It is therefore ordered and decreed by the 
 court that all the right, title and interest which the said St. 
 
UNCOLLECTED WORKS OF LINCOLN 165 
 
 Clair Chrisman, and the said Nancy Chrisman and Peyton 
 Chrisman, as heirs at law of Isaac N. Chrisman, deceased, have 
 to the North East quarter of Section Six in Township Seventeen 
 North of Range Six West of the Third Principal Meridian, 
 situated in the county of Sangamon and State of Illinois, be 
 conveyed to George Miller; and that Samuel H. Treat be ap- 
 pointed a commissioner to execute and deliver said conveyance, 
 and that he report his proceedings herein to this court — 
 
 COMPLAINT AND REPLICATION IN THE SUIT OF 
 
 WRIGHT ET AL VS. ADAMS, SANGAMON CIRCUIT 
 
 COURT, JUNE 23 and OCTOBER 17, 1837. 
 
 The suit of Wright et at vs. Adams, as indicated elsewhere, 
 was no doubt the most widely discussed piece of litigation in 
 which Mr. Lincoln had a part during his first years at the bar. 
 Diligent search of the files of the clerk of the Sangamon Circuit 
 Court has failed to disclose the present whereabouts of the original 
 of the complaint in this case filed on June 23, 1837 : but it was the 
 joint effort of Stuart & Lincoln and Logan & Baker, who sought 
 to recover a tract of land is was charged illegally held by Adams, 
 and is known to have been in existence in 1926 when the late 
 Albert J. Beveridge was at work on the life of Mr. Lincoln still 
 unfinished when death stayed his pen. "It is curious" wrote 
 Senator Beveridge, u Abraham Lincoln," Boston, 1928, Volume 
 1 :214) "that the bill is in three separate and distinct handwritings 
 of which but six and one half lines — the description of the land 
 by metes and bounds — are that of Lincoln, although there are 
 eight pages of the bill. The signatures of the four solicitors for 
 the complainant, obviously written by the same hand, are some- 
 what like that of Lincoln, but much bolder. The bill shows that 
 it was the composite product of three lawyers working together 
 at the same time." 
 
 Careful search of the files of the clerk of the Sangamon 
 Circuit Court has also failed to locate the replication in this suit 
 filed by Logan and Lincoln on October 17, 1837; but it is not 
 difficult to trace the later stages of a legal contest which at the 
 time provoked statewide comment and discussion, and in the end 
 yielded no tangible results. The suit after an interval was trans- 
 ferred to Schuyler Comity only to be remanded to Sangamon 
 by Judge Stephen A. Douglas, for the reason that he had been 
 "of counsel" for Adams. Still later depositions were taken, some 
 of which upheld the title of Adams to the land; but the suit was 
 never brought to trial, and, following the death of the defendant 
 
166 UNCOLLECTED WORKS OF LINCOLN 
 
 in August, 1843, it was abated by the court on the ensuing Nov- 
 ember 29. Yet it is evident that Mr. Lincoln erred only on the side 
 of needless rancor in treating Adams as a rogue. 
 
 CARD OF DR. ANSON G. HENRY WITH COMMENT BY 
 
 MR. LINCOLN, SANGAMO JOURNAL 
 
 JUNE 24, 1837 
 
 The attack on Dr. Anson G. Henry by Editor Weber of the 
 Illinois Republican, already referred to, prompted an angry card 
 from the doctor, which appeared in the Sangamo Journal on June 
 24, 1837, with introductory comment no doubt written by Mr. Lin- 
 coln. The meeting requested by Dr. Henry was held the same day 
 in the court room in Springfield. John T. Stuart was chairman of 
 this meeting, and Robert Allen, a Democrat, its secretary. After 
 brief discussion Mr. Lincoln introduced a resolution which was 
 promptly adopted calling for a bi-partisan committee to investigate 
 the charges of the Illinois Republican, and this committee, as set 
 forth in the Sangamo Journal of July 1, 1837, promptly made a 
 report which gave a clean bill of health to Dr. Henry and his 
 associate commissioners charged with the erection of the new 
 s'tate house. Mr. Lincoln's friendship with Dr. Henry was of a 
 close and enduring sort, but one not always regarded with favor 
 by other of his friends. 
 
 We call the attention of the citizens of Springfield and of 
 Sangamon county, to the following card, — in which is involved 
 considerations of vital interest to our town and county. If Dr. 
 Henry has been wanting in his duty as a Commissioner, the 
 fact should be known and the evil corrected as speedily as 
 possible. But, on the other hand, if he has done his duty 
 faithfully as a Commissioner, it is due that his conduct should 
 be placed in a true light before the public. This is not only 
 due to Dr. Henry, but it is important to our citizens to correct 
 any error which the public may have fallen into in conse- 
 quence of the charges made against him in the "Illinois Re- 
 publican. " We hope the card of Dr. Henry will receive the 
 attention it deserves. 
 
 A CARD. — In consequence of charges made in the "Illi- 
 nois Republican," deeply affecting the interests of Sangamon 
 County, as well as my own character, I would respectfully in- 
 vite my fellow citizens of Sangamon County, to meet at the 
 Court House, ON THIS DAY (Saturday) at 4 o'clock, for 
 
UNCOLLECTED WORKS OF LINCOLN 167 
 
 the purpose of enquiring into the truth or falsity of said charges. 
 A general attendance is most earnestly desired. 
 
 A. G. Henry 
 
 One of the Commissioners for superintend- 
 ing the erection of the public buildings 
 June 21, 1837. 
 
 HERNDON VS. SMITH : LETTER TO CLERK, 
 JULY ( ?) 1837 
 
 This note and cover notations were penned by William Hern- 
 don, and are included as part of the history of the case of 
 Herndon vs. Smith. Although, /. W. Weik placed this document 
 with the case of Herndon vs. Smith, the W. H. Herndon signa- 
 ture offers possible conclusion that the document is of later date, 
 and is an undated praocipe from the hand of W. H. Herndon. 
 Mr. Clerk will you please issue the writ immediately — under 
 seal &c for said defendants. 
 
 I have put the term of your court November if wrong 
 please alter it 
 
 Please ask the sheriff to make a little extra exertion to serve 
 process and I will satisfy him 
 
 File the declaration praeceipe & copy of note. 
 
 Yours &c 
 
 W. H. Herndon 
 Letter to 
 
 Clerk 
 Lincoln for 
 
 Plaintiff 
 
 COMPLAINT IN THE SUIT OF HERNDON VS. 
 
 SMITH, JULY 6, 1837 
 
 (Herndo.n-Weik Collection) 
 
 Mr. Lincoln drew the complaint and cover notations in this 
 case. The "William" of "William Herndon" and that of "Wil- 
 liam Butler" are clearly in the same hand. The figures are char- 
 acteristic of the hand of Mr. Lincoln, especially the "6" and "7". 
 77 will be noted that the words, "although often requested so to 
 do," are not enclosed in parentheses as in later documents, while 
 the use of the first name of plaintiff and defendant is common 
 in the early legal documents by Mr. Lincoln. The punctuation 
 is more careful than in later legal papers, because the fledgling 
 attorney had time, which busy Lawyer Lincoln did not have at a 
 later period. The division of such words as "twenty-two" is not 
 
168 UNCOLLECTED WORKS OF LINCOLN 
 
 found in many of the later papers, and is caused here by reach- 
 ing the end of the page or quoting from the notes given. The 
 case was decided almost a year later in favor of Stuart and Lin- 
 coln. The client of the first Lincoln partnership was awarded a 
 judgment for $280 in the case against Smith. The decision was 
 handed down upon July 3, 1838. 
 
 State of Illinois V ss In the Sangamon circuit court 
 
 J Of the July Term 1837 
 
 William Herndon complains of Thomas P. Smith of a plea 
 of trespass on the case upon promises for that whereas the said 
 Thomas, heretofore, towit, on the third day of April in the year 
 eighteen hundred and thirty seven, at the county and circuit 
 aforesaid, made his certain promissory note in writing, bearing 
 date the day and year aforesaid, and thereby then and there 
 promised to pay, twentytwo days after the date thereof, to one 
 J. R. Herndon (alias) John R. Herndon or order the sum of 
 one hundred dollars, for value received, with interest at the rate 
 of twelve per cent per annum after due until paid, and then and 
 there delivered the said promissory note to the said John R. 
 Herndon. And the said John R. Herndon to whom or to whose 
 order the payment of the said sum of money in the said promis- 
 sory note specified, was to be made after the making of the said 
 promissory note, before the payment of the said sum of money 
 therein specified, to wit, on the twenty seventh of May in the 
 year aforesaid, at the county and circuit aforesaid, indorsed the 
 said promissory note, by which said indorsement, he the said 
 John R. Herndon then and there ordered and appointed the said 
 sum of money in the said promissory note specified to be paid 
 to the said William Herndon, and then and there delivered the 
 said promissory note so indorsed as aforesaid to the said William 
 Herndon, by means whereof, and by force of the statute in such 
 case rnade and provided, the said Thomas then and there became 
 liable to pay to the said William, the said sum of money in the 
 said promissory note specified, according to the tenor and effect 
 of the said promissory note; and being so liable, he the said 
 Thomas, in consideration thereof, afterwards, towit, on the day 
 and year aforesaid, at the county and circuit aforesaid, under- 
 took, and then and there faithfully promised the said William 
 to pay him the said sum of money in the said promissory note 
 specified according to the tenor and effect thereof. 
 
UNCOLLECTED WORKS OF LINCOLN 169 
 
 Nevertheless the said Thomas not regarding his said promise 
 and undertaking, but contriving and fraudulently intending 
 craftily and subtly to deceive and defraud the said William in 
 his behalf, hath not as yet paid the said sum of money in the 
 said promissory note specified to the said William, although 
 often requested so to do, and although the time for the payment 
 of the said sum of money according to the tenor and effect of 
 the said promissory note, hath long since elapsed, but the said 
 Thomas to pay the said William the said sum of money hath 
 hitherto wholly refused and neglected, and still doth refuse and 
 neglect. To the damage of the said William in the sum of one 
 hundred and twenty dollars, and therefore he sues &c. 
 
 Stuart & Lincoln, for Plff. 
 The following is a copy of the instrument declared on — 
 "$100.00 Springfield April 3rd 1837 
 
 "Twentytwo days after date I promise to J. R. Herndon or 
 order. One hundred dollars, for value received without defal- 
 cation (with 12 per cent Interest after due until paid) 
 
 Thos P Smith" 
 The following is a copy of a credit on said instrument — 
 
 "Received on the within note twenty nine dollars and 75 cents — 
 May 27. 1837" 
 
 The following is a copy of the indorsement on said instrument — 
 "Pay to William Herndon, May 27. 1837 
 
 J. R. Herndon" 
 William Herndon 
 
 vs. 
 Thomas P. Smith 
 Filed July 6th 1837 
 
 William Butler Clk 
 
 COMPLAINT IN THE SUIT OF COFFMAN VS. SMITH, 
 
 SANGAMON CIRCUIT, JULY 6. 1837 
 
 ( Herndon- Weik Collection) 
 
 This complaint, and the notations on the cover are in the hand 
 
 of young Lawyer Lincoln. The two words, "twenty-one" are run 
 
 together as u twenty one" , a usage by Mr. Lincoln which recurs in 
 
 many of his documents and letters. In later legal documents, Mr. 
 
 Lincoln used the last names of complainants and defendants, 
 
 whereas he uses only first names in this complaint. There is 
 
 greater brevity and less stilted legal language in this document, 
 
 than in many others drawn by him at this period. The sum of 
 
170 UNCOLLECTED WORKS OF LINCOLN 
 
 twenty-one dollars and fifty cents demanded in the complaint was 
 awarded to Coffman, the Stuart and Lincoln client, on October 
 21, 1837. 
 
 In the Sangamon circuit court 
 State of Illinois V s s of the July Term 1837 
 
 Aaron Coffman complains of Thomas P. Smith of a plea of 
 tresspass in the case upon promises for that whereas the said 
 Thomas heretofore, lowit, on the eighth day of June 1837 at the 
 county and circuit aforesaid was indebted to the said Aaron in the 
 sum of twentyone dollars and fifty cents lawful money of the 
 United States, for work and labour before that time done and 
 performed by the said Aaron in and about removing a certain 
 house for the said Thomas and at his special instance and request, 
 and being so indebted he the said Thomas in consideration thereof, 
 afterwards, towit, on the day and year aforesaid at the county 
 and circuit aforesaid, undertook, and then and there faithfully 
 promised the said Aaron to pay him the said sum of money, 
 when he the said Thomas should be thereunto afterwards 
 requested Nevertheless the said Thomas not regarding his said 
 promise and undertaking, but contriving and fraudulently intend- 
 ing craftily and subtly to deceive and defraud the said Aaron in 
 this behalf, hath not as yet paid the said sum of money or any 
 part thereof to the said Aaron although often requested so to do, 
 but the said Thomas to pay him the same hath hitherto wholly 
 refused and neglected, and still doth refuse and neglect. To the 
 damage of the said Aaron in the sum of fifty dollars and there- 
 fore he sues &c. 
 
 Stuart & Lincoln 
 for Plff 
 
 Aaron Coffman — — 
 
 vs 
 Thomas P. Smith 
 
 Filed July 6th 1837 
 William Butler Clerk 
 
 DECLARATION IN THE SUIT OF A. Y. ELLIS VS. 
 SMITH, SANGAMON CIRCUIT COURT, JULY 6, 1937 
 
 (Herndon-Weik Collection) 
 This document, including all notations upon the cover, was 
 penned by Mr. Lincoln. He spelled out the "William" in Butler's 
 name, whereas the clerk abbreviated it. This would lead to the con- 
 clusion, as does the handwriting, that Butler signed the file date, 
 
UNCOLLECTED WORKS OF LINCOLN 171 
 
 and the paragraph beginning, "sworn to before me," in the 
 affidavit of June 9, 1837. The plaintiff, Abner Y. Ellis, who came 
 from Kentucky to Springfield in 1807 was an early and close 
 friend of Mr. Lincoln in his New Salem days and the latter 
 clerked for him at one period. Ellis zvas a merchant, and for a 
 time a partner of another intimate friend of Lincoln, Joshua 
 Fry Speed. He passed his last days in Quincy, Illinois. Attorney 
 Lincoln wrote and filed the praecipe in this case upon June 9, 
 1837, and filed the affidavit of Ellis upon June 17, 1837. 
 
 State of Illinois ^ s s In the Sangamon circuit court 
 
 J of the July Term 1837 
 
 A. Y. Ellis (alias) Abner Y. Ellis complains of Thomas P. 
 Smith of a plea that he render to him the sum of one hundred and 
 fifteen dollars lawful money of the United States, which he owes 
 to and unjustly detains from him; for that whereas the said 
 Thomas P. Smith heretofore, towit, on the eighth day of June 
 in the year eighteen hundred and thirty seven at the county and 
 circuit aforesaid, by his certain writing obligatory, sealed with 
 his seal, acknowledged himself to be held and firmly bound to the 
 said Abner in the said sum of one hundred and fifteen dollars, 
 above demanded, to be paid to the said Abner one day after the 
 date of the said writing obligatory; yet the said Thomas (although 
 often requested so to do) hath not as yet paid the said sum of one 
 hundred and fifteen dollars, above demanded, or any part thereof- 
 to the said Abner, but hath hitherto wholly neglected and refused, 
 and still neglects and refuses so to do. Wherefore the said Abner 
 saith that he is injured, and hath sustained damage to the amount 
 of fifty dollars, and therefore he brings his suit &c. And the said 
 Abner brings here into court the said writing obligatory, sealed 
 as aforesaid, which gives sufficient evidence to the said court 
 here of the debt aforesaid, in form aforesaid, the date whereof 
 is the day and year in that behalf above mentioned. 
 
 Stuart & Lincoln 
 for Plff 
 The following is a copy of the instrument declared on : 
 
 "One day after date I promise to pay A. Y. Ellis one hundred 
 and fifteen dollars, for value reed this 8th Day of June 1837 
 A. Y. Ellis Thomas P. Smith (Seal) 
 
 vs 
 Thomas P. Smith 
 Filed July 6th, 1837 
 William Butler, Clk. 
 
172 UNCOLLECTED WORKS OF LINCOLN 
 
 MR. LINCOLN OFFERS BILL FOR A STATE ROAD 
 
 FROM BEARDSTOWN TO PETERSBURG, 
 
 JULY 13, 1837 
 
 On July 13, 1837, Mr. Lincoln reported from a select com- 
 mittee the bill here reproduced to establish a state road from 
 Beardstown to Petersburg. On his motion the bill was read a sec- 
 ond time and engrossed for a third reading. The following day 
 the act was amended on Mr. Lincoln's motion by the insertion of 
 the name of I sham Reavis for Miram Perry and in that form it 
 became a law. Also on July 14 he presented a petition of citizens 
 of Sangamon praying for the establishment of a new county; and, 
 true to his natural inclining to make haste slozvly, vainly voted 
 nay on a resolution recommending a vote at the next election for 
 or against a convention to amend the constitution of the state. 
 ( Section 1st Be it enacted by the People of the state of Illi- 
 
 nois represented in the General Assembly that Henry Mc Henry, 
 Solomon Perry and Miram Perry be and they are hereby ap- 
 pointed commissioners to view, mark, and locate a state road from 
 Beardstown in Cass county, thence as near as the ground will 
 permit, by way of the town of Richmond, and Robinsons Mill to 
 Petersburg in Sangamon county. 
 
 Section 2 Said commissioners, or a majority of them, shall 
 meet at Beardstown on the first Monday in September next, or 
 on any other day which they may agree upon, within six months 
 from the passage of this act, and after being duly sworn by some 
 Justice of the Peace, faithfully to perform the duties herein re- 
 quired, shall proceed to view mark, and locate said road as above 
 described, avoiding as much as the public interest will permit, the 
 injury of private property. 
 
 Section 3 Said commissioners shall make out a complete 
 map and report of the location of so much of said road as lies in 
 the county of Cass and file the same with the clerk of the county 
 commissioners court of the said county of Cass; and a like map 
 and report of so much as lies in the county of Sangamon and file 
 the same with the clerk of the county commissioners court of said 
 county of Sangamon. 
 
 Sec. 4 Said road shall be and remain a state road, and shall 
 be opened and kept in repair as other state roads are. 
 
 Sec. 5 The county commissioners courts of the said counties 
 of Cass and Sangamon shall allow said commissioners such com- 
 pensation as they may deem reasonable. 
 
UNCOLLECTED WORKS OF LINCOLN 173 
 
 ACT INTRODUCED BY MR. LINCOLN AUTHORIZING 
 
 RHODA HART AND OTHERS TO SELL REAL 
 
 ESTATE, JULY 15, 1837 
 
 On July 12, 1837, Mr. Lincoln gave notice to the House that 
 he would shortly introduce a bill authorizing Rhoda Hart and 
 others — Mrs. Hart was a client of Stuart & Lincoln — to sell cer- 
 tain real estate. The bill here reproduced was introduced July 15, 
 and on the same day its author, true to the faith that was in 
 him, by his vote helped to table an attempt to repeal the internal 
 improvement system which the Legislature had put into effect 
 earlier in the year. 
 
 Sec. 1 Be it enacted by the People of the state of Illinois 
 represented in the General Assembly that Rhoda Hart, widow, 
 and Harvey B. Hart, Moses P. Hart, Nancy Hart, John H. Wil- 
 son, Martha Wilson, and Rhoda Hart, adult heirs of Moses Hart 
 deceased, all of the county of Sangamon and state of Illinois, be 
 and they are hereby authorized to sell and jointly convey, by a 
 deed or deeds in feesimple, all the real estate of which the said 
 Moses Hart, deceased died seized the same being the South West 
 quarter of Section Twenty four, the East half of the North West 
 quarter of Section Twentyfour, and fifty acres of the South end or 
 part of the East half of the South West quarter of section Thir- 
 teen all in Township Seventeen, North of Range Seven West of 
 the Third Principal Meridian, and lying in the said county of 
 Sangamon. 
 
 Sec. 2 The said conveyance shall be with this condition, 
 that if the minor heirs of the said Moses Hart deceased shall not 
 execute a release of all their right and title to said real estate, in 
 favor of the purchaser or purchasers, his, her, or their heirs or 
 assigns, within one year after the youngest of them shall arrive 
 at the age of twenty one years, all the above named persons, sell- 
 ing and conveying said real estate as aforesaid, shall be jointly 
 and severally bound to pay to the said purchaser or purchasers, 
 his or her, or their heirs or assigns, double the sum for which the 
 part of the said minor heirs may have been sold, to be recovered 
 in an action of debt against them or either of them; and this act 
 shall be sufficient evidence of said condition, without the same be- 
 ing set forth in the deed of conveyance or any other writing. 
 
 Section 3 The duly appointed guardian of the minor heirs 
 of William Everly deceased, late of the county of Edwards and 
 state of Illinois, be authorized to sell and convey the following 
 described tracts of and, towit, the West half of the South West 
 
174 UNCOLLECTED WORKS OF LINCOLN 
 
 quarter of Section three, and the West half of the South East 
 quarter of Section four, both in Township Seventeen North of 
 Range two West of the Third Principal Meridian and situated in 
 the county of Sangamon and state aforesaid, the same being the 
 property of the said minor heirs, and to apply the proceeds there- 
 of to the maintainance and education of said heirs. 
 
 MR. LINCOLN REPORTS AN ACT TO RELOCATE PART 
 OF A STATE ROAD, JULY 19, 1837 
 
 On July 19, 1837, Mr. Lincoln reported an act to relocate 
 part of a state road leading from Springfield to Lewiston, and suc- 
 cessfully moved the adoption of this amendment which named his 
 old friends of New Salem days, Bowling Green, Bennett Abell 
 and John Bennett commissioners to relocate that part of the road 
 lying between New Salem and Petersburg. 
 
 Section 4 That Bowling Green, Bennett Abell, and John Ben- 
 nett, be and they are hereby authorized to meet at any time with- 
 in six months from the passage of this act, and to relocate so 
 much of the State road leading from Springfield to Lewiston, as 
 lies between the towns of New Salem and Petersburg, and are 
 required to make a map and report of said relocation and file the 
 same with the clerk of the county commissioner's court of San- 
 gamon county and for their services shall receive such compensa- 
 tion as the county commissioners of said county shall deem rea- 
 sonable 
 
 Agreed to 
 
 MR. LINCOLN CONTINUES HIS WAR ON JAMES 
 ADAMS, SANGAMO JOURNAL, JULY 22, 1837 
 
 Mr. Lincoln's labors as a legislator during the summer days 
 of 1837 did not interrupt his war of words with James Adams, 
 and on July 15 the Sangamo Journal in its Original Communica- 
 tions gave first place to the skit here reprinted, which, with its 
 author's gift for humor of the broadest sort, lent an amusing turn 
 to that contest. The election referred to in the opening lines re- 
 sulted in the choice of J esse B. Thomas Jr. to succeed Stephen T. 
 Logan, resigned, as judge of the first judicial circuit. 
 A GHOST ! A GHOST ! 
 
 "Art thou some spirit or goblin danin'd — 
 
 "Bringst with thee airs from heaven or blasts from hell ?" 
 
 Shakespeare. 
 
 I am distressed. A wonderful apparition has appeared before 
 
 ? 
 
UNCOLLECTED WORKS OF LINCOLN 175 
 
 me. I was at the election in Springfield en Saturday, and having 
 taken too heavy a portion of the true democratic drops, on my 
 way home, as if in sympathy with my feelings, I dropped from 
 my horse, and quietly fell into a refreshing and gentle slumber. 
 At midnight I woke, and my brain was clear as the beautiful 
 heavens above me; for they were beautiful; — the moon was just 
 taking its leave in the west, and the stars twinkled gloriously. It 
 was at the "witching time of night," when sprites are flitting 
 through the air, and when music and voices of unearthly sound 
 are whispering in the groves and prairies. I had fancied that I 
 loved scenes like these; — in my ardent imaginings I had often 
 pictured the beautiful prospect that then lay before me. The flow- 
 ers of the field sent up their exquisite odors, and I at once was 
 revelling in the delights of an imaginary Eden. 
 
 But the current of my thoughts was changed. — Gliding 
 through a lengthened and dark vista formed of the growth of the 
 forest, I saw a form coming towards me, with a noiseless tread, 
 that did not rustle a leaf or bend a spire of grass. My blood was 
 chilled, and my hair stood erect as he approached me; but there 
 was a gentleness, a kindness, in the manner of my visitant, that 
 restored me to consciousness and confidence, as the sprite thus 
 addressed me. 
 
 Ghost: 'Be jiminys, who are you?" 
 
 Stranger: "I am a way faring man, and do harm to no 
 body. Please leave me." 
 
 Ghost : "Be St. Patrick, I would not harm you at all at all. 
 The rest of the dead is disturbed by the wicked ness of the liv- 
 ing. I loved my wife and children, and left to them my little all. 
 But it is taken away from them — and how can I rest in my grave 
 in pace?" 
 
 Stranger: "And what would you have of me?" 
 
 Ghost: "Nothing. It is for my own flesh and blood to see 
 to their rights, and if they have a drop of Irish blood in them 
 they will not rest until they have obtained justice ! justice ! Be 
 jiminys if I were alive how I would do it!" 
 
 Stranger: You speak of things I do not comprehend." 
 
 Ghost : And do you say you do not comprehend me ? Well — 
 I was born in ould Ireland — swate Ireland; — I kem over to 
 Ameriky — to this blessed land. My wife and little ones came with 
 me here — not far from this very spot. We toiled and we labored 
 — I bought a few acres — left it in the care of a friend — went 
 farther and died." 
 
176 UNCOLLECTED WORKS OF LINCOLN 
 
 Stranger: And what of all that? Most men die sometime or 
 other." 
 
 Ghost: "I left my land in the hands of a friend and that 
 friend — Oh! be jiminys! what shall I say? My very grave can- 
 not contain me. — My spirit wanders about seeking rest and find- 
 ing none. My acres are in the hands of my friend — signed, sealed 
 and delivered !" 
 
 Stranger : "But, perhaps, this transfer was legal." 
 
 Ghost : "By the hill of Hoath 'tis a lie !" 
 
 Stranger : "Unless all the proceedings are regular no trans- 
 fer can stand, as you well know." 
 
 Ghost : "Jiminys gracious ! 'Tis signed with a cross, and I 
 could write my name as well as any can! Oh jiminys! jiminys!" 
 
 Stranger : "Rather curious, I confess. But did you not make 
 the assignment?" 
 
 At this question my unearthly visitant threw himself into 
 an attitude, that made the cold sweat run down to my feet. There 
 was that in his countenance which made me turn from him with 
 horror. — Anger, indignation, vengeance, flashed from beneath 
 the chilly eyelids of death. I fell to the ground with very affright ! 
 Ghost : "Stranger ! You lie ! How could I assign a judgment 
 before it was obtained? Be Jimininy Christ it is not so!" 
 
 How long I lay in this swoon I do not know. When I rose 
 from it, the sun was just rising over the timber of Sugar Creek, 
 and my horse was grazing near me. I mounted him and returned 
 home, more dead than alive. 
 
 Whether there be aught in this epistle that is true, or not — 
 whether I was sleeping or waking — whether it was a hallucina- 
 tion of the brain, or matter of fact — I have no more grounds for 
 judging than yourself. It has, however, made a deep impression 
 on my mind from a real incident, said to have occurred within the 
 limits of Sangamon county. 
 
 AN ACT PROPOSED BY MR. LINCOLN TO GOVERN 
 
 PAYMENTS FOR THE CONSTRUCTION OF THE 
 
 NEW STATE HOUSE, JULY, 1837 
 
 The charges brought forward in June, 1837, that wasteful 
 methods were being employed in the construction of the new state 
 house prompted the friends of Vandalia to renew their efforts to 
 repeal the act which made Springfield the capital of the state. To 
 nullify these efforts Mr. Lincoln in July, 1837, introduced into 
 the Legislature the act here reproduced, but it soon became evi- 
 
UNCOLLECTED WORKS OF LINCOLN 177 
 
 dent that there was slight prospect of their success, and so the 
 act did not become a law. 
 
 Sec. 1 Be enacted by the People of the state of Illinois 
 represented in the General Assembly : That no money shall here- 
 after be drawn from the Treasury of the state for the purpose of 
 erecting a State House, execpt such as may hereafter be paid into 
 the said Treasury, by the citizens of Springfield according to the 
 provisions of a certain bond now on file in the Treasurer's office, 
 executed by said citzens for the payment of fifty thousand dollars 
 to be applied to the erection of a State House, or otherwise. 
 
 Sec. 2 All monies that have heretofore been drawn from 
 the Treasury by the acting commissioner, for the purpose of erect- 
 ing a State House at Springfield shall be refunded as soon as the 
 first installment of the bond above mentioned becomes due. 
 
 MR. LINCOLN TAKES PART IN A BANQUET AT 
 ATHENS, ILLINOIS, AUGUST 3, 1837 
 
 The Illinois Legislature adjourned without date on July 22, 
 1837, and on August 3 the citizens of Athens, in formal approval 
 of their course during the session lately ended, gave a public din- 
 ner to the Sangamon members which a correspondent duly re- 
 ported in the August \2 issue of the Sangamo Journal. This re- 
 port throws zvelcome light on a great state in the making, and on 
 the mood and outlook of its makers. It also records what may 
 have been Abraham Lincoln's first appearance in the role of after- 
 dinner speaker. 
 
 Athens, August 3, 1837 
 
 The Citizens of this place and vicinity, today gave a public 
 dinner to the Delegation from this County, as a demonstration 
 of approbation of their course in the Legislature. We have to re- 
 gret that it was not in the power of Mr. Fletcher or Col. Dawson 
 to attend. Mr. J. D. Allen acted as Marshal of the day, assisted 
 by Messrs. Hurt and Grosh as Deputy Marshals. Wm. P. Brown, 
 Esq. presided at the table as President. The Springfield Band 
 kindly volunteered their services on the occasion. At one o'clock 
 about one hundred and fifty gentlemen sat down to an excellent 
 dinner, prepared by Mr. Anderson. After the cloth was removed, 
 the following toasts were disposed of : 
 
 REGULAR TOASTS 
 
 1. The United States. 'Our country and whole country.' 
 
 2. The State of Illinois. Possessed of a fertile soil and 
 salubrious climate, surrounded by navigable rivers and lakes, we 
 
 P 
 
178 UNCOLLECTED WORKS OF LINCOLN 
 
 look forward to the brilliant destiny that awaits her, with a con- 
 fidence undisturbed by the present disastrous condition of our be- 
 loved country. 
 
 3. The County of Sangamon. One of the brightest stars 
 in the galaxy which constitute our State. Let her be now and 
 forever one and inseparable. 
 
 4. The recent session of our State Legislature. Its members 
 have performed their duties promptly. Well done good and faith- 
 ful servants. 
 
 5. The Internal Improvement system — As we have em- 
 barked in it, let it be energetically prosecuted. Its results will be 
 felt in the rapid accumulation of wealth and population, and their 
 inseparable concomitants, the advancement of education and the 
 development of the great natural wealth of the State. 
 
 6. Illinois State rights and States men. — May all parties 
 unite in advancing the former and sustaining the latter. 
 
 7. The United States Bank and State Bank of Illinois. 
 Their 'rags' are good in Athens. 
 
 8. John T. Stuart — The voters of the 3d Congressional dis- 
 trict appreciate his talents and worth, and will by a triumphant 
 majority next August elect him to represent them in the Congress 
 of the United States. 
 
 VOLUNTEERS 
 
 By J. K. Hurt. The 'long nine of old Sangamon.' In the 
 language of Gen. Ewing, 'nine intellectual and physical giants.' — 
 By a long pull a strong pull and a pull altogether, they located the 
 seat of government at Springfield. 
 
 By S. B. Esty. Our political institutions, founded on the 
 natural and immutable laws of man, they have the guarantees of 
 a permanent existence in the patriotism and intelligence of a free 
 people. 
 
 By G. Elkin. A Capital gained, and not a foot of territory 
 lost. 
 
 By W. B. Brown. The long nine of Sangamon. Deservedly 
 popular and influential as members of our Legislature, fearless, 
 talented and upright, they nobly maintained the interests of their 
 constituents, raised the character of our country and reflected 
 honor upon our State. May they, like Crockett, 'go ahead.' 
 
 By John B. Taylor. Illinois, a free State, governed by a 
 judicious legislation, inhabited by an enlightened and free people. 
 Their motto is 'Agriculture, Commerce and Manufactures/ 
 
 By H. C. Rogers. Our delegation of the last General As- 
 
UNCOLLECTED WORKS OF LINCOLN 179 
 
 sembly. Their valuable services merit of their constituents the 
 highest praise. May they be remembered should they offer their 
 services again to the citizens of Sangamon. 
 
 Messrs. Herndon and Fletcher, the people's choice. They 
 will glory i,n sustaining them, while they continue to serve them 
 faithfully. 
 
 By J. D. Allen. Illinois — Her course is onward. She has 
 reared the standard of her rights, and proudly assumes that pre- 
 eminence to which her natural resources and the virtue and in- 
 telligence of her people so justly entitle her. 
 
 By W. S. Stone. Principles not men. — May the honest sup- 
 porters of the former always prevail over the slavish advocates 
 of the latter. 
 
 By R. L. Wilson. The citizens of Athens. Hospitable, pa- 
 triotic and intelligent. May it continue the second town in numer- 
 ical strength in the Key Stone county. 
 
 E. D. Baker — The people's choice. They will glory in sus- 
 taining him while he serves them faithfully. 
 
 A. Lincoln — He has fulfilled the expectations of his 
 friends and disappointed the hopes of his enemies. 
 
 By I. G. Hunter. Maj. E. D. Baker — He received a dish 
 thoroughly minced from Mr. Lincoln and baked it until it was 
 thoroughly done ! done ! Thanks to Major Baker. 
 
 By J. D. Allen. N. W. Edwards — A good scion of a 
 noble stock. 
 
 A. G. Herndon — Much better than we expected. Must go 
 again. 
 
 A. Lincoln — One of nature's nobility. 
 
 Robert L. Wilson — A true representative of Sangamon 
 County, and an honest man. 
 
 Col. John Dawson — A true friend of democratic principles, 
 and a faithful servant of the people. 
 
 Hon. Dan Stone — The citizens of Sangamon will not forget 
 their absent friend. 
 
 By H. C. Rogers. Our systems of Internal Improvement and 
 Education. Both eminently calculated to elevate the charac- 
 ter, promote the happiness and wealth of the citizens of our 
 State. We wish them the greatest possible success. 
 
 Col. Wm. F. Elkin — His merits silence his enemies. 
 
 By A. Lincoln — Sangamon County will ever be true to her 
 best interests and never more so than in reciprocating the good 
 feelings of the citizens of Athens and neighborhood. 
 
180 UNCOLLECTED WORKS OF LINCOLN 
 
 By A. G. Herndon — Athens : May she continue to increase 
 in population until she ranks with the first towns of the State. 
 
 The Springfield Band. Our thanks are due them for 
 their attendance on the present occasion. They merit the great- 
 est praise and commendation. 
 
 By Thomas C. Elkin — Education — the pillar which upholds 
 the temple of liberty. Immortality to those who have reared it 
 in Illinois. 
 
 Numerous other volunteers were presented, but copies of 
 them were not obtained. The company separated in good time, 
 and nothing occurred to mar the pleasures of the day. 
 
 A STORY OF GENERAL ADAMS RELATED 
 
 BY MR. LINCOLN, SANGAMO JOURNAL, 
 
 AUGUST 5, 1837 
 
 Ou August 5, 1837, there appeared on the streets of Spring- 
 field a handbill setting forth at length the history of the contro- 
 versy between the Anderson heirs and James Adams, a document 
 which can now be found in Nicolay and Hay, "Complete Works" 
 Vol. 1 : 54—5 5, 57-64. On the same day the story here reproduced, 
 clearly written by Mr. Lincoln, appeared in the Sangamo Journal. 
 Two days later, August 7, 1837, the contest for probate justice of 
 peace betzveen Adams and Henry ended in the election of the 
 former by a substantial majority, proof that he had not forfeited 
 the confidence of a considerable number of his fellow citizens; but 
 Mr. Lincoln's story of Adams and the calf, caught the popular 
 fancy and quickly found a place in the folk-lore of Sangamon 
 County. 
 Q The recent noise and excitement made about the wounds 
 
 and bruises received by Gen. Adams, reminds me of an adven- 
 ture which happened to me while travelling to this county many 
 years ago. Not far from this place I met a sucker late in the eve- 
 ning returning to his home. "Good evening friend," said I. "How 
 far is it to Springfield ?" "Well, I guess its about five miles." 
 "Are you just from there?" "Well, I am," and said I "What's 
 the news there ?" "Well, there's nothing of any account but a sad 
 accident that happened the other day: — you don't know Gineral 
 Adams? — Well, the Gineral went to stoop down to pick some 
 blackberries and John Taylor's calf gave him a butt right — " 
 "You don't say so, — and did the Gineral die?" "No, by G. . ., but 
 the calf did!" 
 
 X . 
 
UNCOLLECTED WORKS OF LINCOLN 181 
 
 NOTICE OF TAKING DEPOSITIONS IN THE SUIT OF 
 HOUGHTON VS. HART, SANGAMON 
 CIRCUIT COURT, AUGUST 21, 1937 
 
 The notice here reproduced appears in the Complete Record 
 for this case, and is in the hand of the court clerk. There is no 
 evidence that Mr. Lincoln wrote the document, and none that 
 it was the work of Houghton. It w.ay have been penned by 
 Houghton, or it may have been the work of a clerk, which was 
 signed by Houghton. It is probable that Mr. Treat acknowledged 
 the service of the paper in his own hand. It is included as a par- 
 tial history of the case, and as having relation to the depositions 
 and interrogators of September 2, 1837. These appear in the 
 hand of Lincoln, and were filed on September 6, 1837. Isaac 
 Cogdell was Isaac Cogdal, a friend of Mr. Lincoln's New Salem 
 days and a visitor at the White House in the war years. He is 
 remembered principally as one of the sources for the tale of Lin- 
 coln and Ann Rutledge. Thomas Moffett was a friend of Lincoln, 
 and a member of the Young Men's Lyceum which had a not 
 unimportant part in the early history of Springfield. 
 
 Samuel H Treat Guardian ad litem of Jefferson Hart, Me- 
 lissa Jane Hart and Rhoda Hart Infant Heirs of David Hart de- 
 ceased 
 Sir 
 
 You will please take notice that on the Second day of Sep- 
 tember next between the Hours of ten O clock AM and sun set 
 of said day at the office of Thomas Moffett a Justice of the 
 peace in the Town of Springfield Sangamon County I shall 
 attend for the purpose of taking the deposition of Abraham 
 Lincoln and Isaac Cogdell to be read as evidence in a Suit of 
 Chancery now pending in the Sangamon Circuit Court in which I 
 am complainant and the said Infant Heirs of David Hart Deceas- 
 ed are defendants at which time and place you can attend if 
 you think proper 
 
 Elijah Houghton 
 
 I acknowledge the Service of the above notice this 21st 
 day of August 1937 
 
 S H Treat Guardian ad 
 Litem for Defendants 
 
182 UNCOLLECTED WORKS OF LINCOLN 
 
 AFFIDAVIT OF MR. LINCOLN IN THE SUIT OF 
 
 MILLER VS. CHRISMAN, SANGAMON CIRCUIT COURT, 
 
 AUGUST 22, 1837. 
 
 (Card Files of the Abraham Lincoln Association) 
 This affidavit was penned and signed by Mr. Lincoln. His 
 friend, William Butler, wrote the attestation to the swearing of 
 the affidavit. It will be noted that Lincoln used the double dot 
 after the letter, "A", a. characteristic of many of his legal papers, 
 letters, and documents. A complete history of the case appears 
 in the notes to the court decree, which is dated as possibly being 
 of June 22, 1837. 
 
 Abraham Lincoln says that he is advised that Nancy & Pey- 
 ton Chrisman reside without the state. 
 
 A.. Lincoln 
 Sworn to before me this day 
 Wm Butler Clk. 
 
 ANSWER OF THOMAS CASSITY DRAWN BY MR. 
 LINCOLN IN THE SUIT OF FOSTER VS. CASSITY, 
 SANGAMON CIRCUIT COURT, AUGUST 28, 1837 
 
 This six- page answer filed for the defendant on August 28, 
 1837, marked the second stage of an interesting and in some ways 
 amusing chancery suit in zvhich the plaintiff Foster contended that 
 the defendant Cassity, whose name his counsel spelled Cassady, 
 contrary to their verbal agreement, had refused to deed a tract 
 of land to him on the ground that both Foster and his agent 
 had trifled with him when he was prepared to make the exchange. 
 On March 6, 1838, leave was given by Judge Jesse B. Thomas to 
 open depositions in the case; on the following July 14 it was 
 agreed that it should be decided in vacation and on October 19 
 Stuart & Lincoln's client won his case, the complainant being 
 ordered to convey the land involved. 
 
 A week after Mr. Lincoln filed Cassitys case, on Sep- 
 tember 4, 1837, Congress, summoned in special session by Presi- 
 dent Van Buren to consider ways to abate the financial panic 
 zvhich then afflicted the country, gathered at Washington, and 
 the Democrats by a bare majority of three chose James K. Polk 
 as speaker — an event charged with future meaning for Mr. Lin- 
 coln, who nine years later, contrary to prevailing sentiment, was 
 to challenge the war policy of Polk, now become President, and 
 as a consequence lose his seat in Congress. 
 
UNCOLLECTED WORKS OF LINCOLN 183 
 
 The answer of Thomas Cassaday defendant to the bill of 
 complaint of Joseph C. Foster complainant. 
 
 This defendant reserving to himself all right of exceptions 
 to the said bill of complaint, for answer thereto saith that he ad- 
 mits that the said complainant and defendant were respectively 
 seized of the tracts or parcels of land in the said bill of complaint 
 mentioned, at the time, and in the manner in the said bill alleged 
 but he, the said defendant, denies most positively, that he made 
 any agreement, either with the said complainant, or with any 
 other person as agent for said complainant, to make an exchange 
 of the said tracts or parcels of land. 
 
 He, the said defendant, states, that on or about the time 
 mentioned in the said bill of complaint, he did make a verbal 
 agreement with one Seth R. Cutter, to make an exchange of the 
 aforesaid tracts or parcels of land; but that he supposed at the 
 time of making the agreement, the tract of land which, by the 
 agreement, he was to receive, belonged to said Cutter, and that he 
 was not told by said Cutter, or any one else to the contrary. 
 The said defendant further states, that he and the said Cutter, 
 did each, enter upon the possession of the tract of land, which by 
 the said agreement, was to be received of the other, and that he, 
 the said defendant, did commence the cutting of timber on the 
 tract received by him, but that when, very shortly afterwards, he 
 urged upon said Cutter the propriety of their exchanging deeds 
 for the tracts of land respectively, and was told by said Cutter, 
 that the land to be conveyed to him, the said defendant, did not 
 belong to him, the said Cutter, but that it belonged to the said 
 complainant, Joseph F. Foster who then resided, and still resides 
 in Kentucky, he the said defendant, immediately desisted from 
 cutting timber upon, and quitted the possession of the tract of land 
 received by him, and that he had then cut but one tree, and he 
 never since cut any upon the said land. 
 
 This defendant further states, that he, the said defendant, 
 having no way left to recover the possession of the same, but 
 the coercive measures of the law; and being a poor man, and ill 
 able to bear the expense of a lawsuit, did not commence suit, but 
 permitted the matter to remain as it was, until the latter part of 
 the year, Eighteen hundred and thirty-two or the beginning 
 of Eighteen hundred and thirtythree, at which time he admits 
 that he agreed with said Cutter, whom he then understood to be 
 acting as the agent of the said complainant, that deeds for the 
 said tracts of land should by the parties be mutually executed and 
 
184 UNCOLLECTED WORKS OF LINCOLN 
 
 exchanged on the then succeeding first day of March; and that 
 Cutter then told the said defendant to take possession of the 
 land which said defendant was to deed to keep it till deeds 
 were executed. The defendant further states, that on or about 
 the said first day of March, the said complainant came to the 
 country, and proposed to him, the said defendant, that they 
 should then exchange deeds, and that he, the said defendant, re- 
 plied that he was ready at the same time asking the said complain- 
 and if his wife was with him, to execute a relinquishment of her 
 dower, to which the said complainant assuming an air of solemn- 
 ity, replied, "O ! there has a misfortune happened" ; and that one 
 John Calhoun, who was present, addressing himself to the said 
 defendant, said, "Mr. Cassaday, his wife is dead"; and that the 
 .-.aid complainant, making no reply to what Calhoun said, he, the 
 said defendant, was induced to believe it was true, and being satis- 
 fied on that point, he told the said complainant, that they would 
 go to Springfield and examine and learn whether their respective 
 titles to the said tracts of land were good, and if they were, they 
 would then exchange deeds. 
 
 This defendant further states, that both he, and the said 
 complainant then went to Springfield, and, on examination of the 
 records, he, the said defendant, becoming satisfied with the said 
 complainant's title; told him, the said complainant, that he, the 
 said defendant was ready to execute and exchange deeds; and 
 that the said complainant then replied, that, he, said complainant, 
 could not then make a deed in consequence of his wife not being 
 present to relinquish her dower; to which he, the said defendant, 
 in astonishment replied, "I understood you to say your wife was 
 dead." "O" said the complainant, "that was only Calhoun's joke." 
 
 This defendant further states that being thus frustrated in 
 his desire to then have the deeds exchanged, he was, at the press- 
 ing solicitation of the said complainant, induced to enter into a 
 written agreement, a copy of which, marked (A), this defend- 
 ant admits to be a true copy . 
 
 This defendant further admits, that the indenture which the 
 said complainant has filed with his bill, marked (B) was tendered 
 to him the said defendant, on the said first day of May. 
 
 This defendant further admits, that some time afterwards 
 he was informed by Cutter, complainants agent, that said com- 
 plainant was willing to execute and deliver to him a good and 
 valid deed, and that, conceiving that he had been trifled with, and 
 imposed upon, both by the said complainant and his agent, Cutter : 
 
UNCOLLECTED WORKS OF LINCOLN 185 
 
 first, by the agent, Cutter, representing the land he was selling 
 as his own, and thereby getting possession of the said defendant's 
 land ; and secondly, by the said complainant representing that his 
 wife was dead, and thereby inducing the said defendant to spend 
 time and money in going to Springfield when it could be of no 
 use; and lastly, by tendering him a deed, misdescribing the land, 
 when his means was so ample for doing it correctly, he, the said, 
 defendant, did refuse to accept any deed from the said 
 complainant, or to execute any deed in favour of said complainant, 
 for the other piece of land. 
 
 This defendant further states, that he has no recollection of 
 ever having received notice, that said complainant had employed 
 counsel to institute proceedings against him, the said defendant, 
 as is alleged in said bill of complaint. 
 
 This defendant further admits, that said complainant's agent, 
 Cutter, did tender to him a second deed, and that the deed filed 
 with the complainant's bill, marked (C) is the same, and that 
 he, the said Cutter, did demand of him a deed for the other piece 
 of land. 
 
 But this defendant most positively denies, that he ever did 
 agree, to not insist upon the strict letter of the said written 
 agreement, as is in the said bill of complaint alleged. 
 
 And the said defendant further most positively denies, that 
 he ever did, at any time subsequent to the first of May mentioned 
 in the said written agreement, agree to accept and receive a deed 
 from the said complainant, or to execute and deliver one to him 
 for the other piece of land. And this defendant denies that there 
 is any other matter, cause or thing in the said complainant's said 
 bill of complaint contained material or necessary for this defend- 
 ant to make answer unto and not herein, and hereby well and 
 sufficiently answered, confessed, traversed and avoided or denied, 
 that is true to the knowledge or belief of this defendant ; all which 
 matters and things this defendant is ready and willing to aver, 
 maintain and prove as this honorable court shall direct, and 
 humbly prays to be hence dismissed with his reasonable costs and 
 charges in this behalf most wrongfully sustained. 
 
 Thomas Cassidy 
 Stuart & Lincoln for Deft. 
 
 This day personally appeared before me, William Butler clerk 
 of the Sangamon circuit court, Thomas Cassiday, whose name is 
 subscribed to the foregoing answer, and being duly sworn, says 
 that all the matters contained in said answer, stated as of his 
 
186 UNCOLLECTED WORKS OF LINCOLN 
 
 own knowledge are true and all matters stated upon the informa- 
 tion of others he believes to be true. 
 August 28" 1837 
 
 Wm. Butler Clk. 
 
 NOTICE OF TAKING DEPOSITIONS IN THE SUIT OF 
 
 TRAILOR VS. RADFORD, SANGAMON CIRCUIT COURT, 
 
 SEPTEMBER, 1837, 
 
 ( Herndon-Weik Collection ) 
 
 This notice is signed by Reuben Radford, and he appears 
 to have written the entire paper, as well as the cover notations, 
 with one exception. This is the acknowledgement of the service 
 of the notice, which was penned by Mr. Lincoln. He signed the 
 paper in these words, "Lincoln & Stuart Attorneys for A. 
 Trailor." It is interesting to notice that he did not sign the usual 
 Stuart & Lincoln, but reversed the procedure, signing, ''Lincoln & 
 Stuart/' He also wrote the name of his client with an "or" ending, 
 instead of "er" used by Radford. The Lincoln spelling seems 
 to have been correct. Reuben Radford was a storekeeper at New 
 Salem, but after an encounter with the Clary's Grove boys, he sold 
 out to William G. Greene. Later Lincoln and Berry purchased 
 the interest of Greene in the store. The plaintiff, Archibald 
 Trailor, had an excellent reputation in Springfield, but became 
 involved in a noted murder case handled by Lincoln, and others. 
 He was accused unjustly, but his acquittal failed to help him. He 
 shunned society after the trial, and died at the end of two years. 
 Mr. Lincoln wrote and filed the bond of Reuben Radford and 
 George Forquer on July 6, 1837, and on October 17, 1837 leave 
 was given to open depositions. 
 
 The abbreviation, "ads", which appears in this legal paper, 
 and which appears frequently as "ats" , is used for the more 
 complete, "ad sectam" , meaning at the suit of. It is used when 
 it is found desirable to put the defendant's name first in the 
 filing of legal papers. 
 Reuben Radford 
 
 ads Chancery 
 Archibald Trailer 
 
 Mr. Archibald Trailer, 
 
 Sir You will please to take notice that Friday the 15th inst. 
 between the hours of Ten A. M. and Five P. M. of said day, I 
 shall attend at the Clerks Office of the Sangamon Circuit Court 
 for the purpose of taking out a Commission to be directed to 
 
UNCOLLECTED WORKS OF LINCOLN 187 
 
 Wilson Primm Esqr, justice of the peace in the City of St. Louis, 
 M'o authorising and empowering him to take the Depositions of 
 John Finney & William Finney, residing in said city. Said 
 Depositions to be read as evidence in the above entitled suit now 
 pending in the Sangamon Court. 
 
 Accompanying said Commission will be the following interro- 
 gatories 
 
 1 Did, or Did not a firm composed of Reuben Radford & Archi- 
 bald Trailer, under the style of Radford & Trailer, exist in the 
 County oi Sangamon about the year 1832, and did, or did not 
 said firm contract a debt with you about that time to the amount 
 of about Four or Five Hundred Dollars. If so State. — 
 
 2 How was said debt discharged? — by whom? and at what 
 time ? and previous to its being discharged, did or did not partners 
 in said firm execute their joint note to you for the amount. 
 
 3 What was the style of the firm to which the aforesaid debt 
 was due?. — 
 
 Yours 
 Reuben Radford 
 Radford 
 1 
 ads [- Notice 
 
 J 
 
 Trailer 
 
 I acknowledge service of the 
 within notice Sept. 1. 1837. 
 Lincoln & Stuart 
 Attorneys for A. Trailor 
 
 PETITION FOR DIVORCE IN THE SUIT OF NANCY 
 GREEN VS. AARON GREEN, SEPTEMBER 4, 1837 
 
 (Herndon-Weik Collection) 
 
 This petition and the cover notations are in the hand of Mr. 
 Lincoln except the note of filing which is in that of Butler. The 
 Green case was the first divorce suit in which Mr. Lincoln ap- 
 peared as attorney. He had this complaint dismissed in the 
 Sangamon Circuit Court on October 10, 1838. 
 To the Honorable the Judge of Sangamon Circuit court 
 in Chancery sitting. 
 
 Humbly complaining sheweth unto your Honor your Oratrix 
 Nancy Green, that on the day of in the year of 
 
188 UNCOLLECTED WORKS OF LINCOLN 
 
 our Lord one thousand eight hundred and at the 
 
 county and circuit aforesaid, towit, in the county of Sangamon 
 and State of Illinois, your oratrix was legally married to Aaron 
 Green, whom your oratrix prays may be made a defendant to this 
 Bill. Your oratrix states that after said intermarriage your 
 oratrix and the said defendant lived together in the county of 
 Sangamon and State aforesaid, as man and wife, until about the 
 day of in the year one thousand eight 
 
 hundred and thirtyfour your oratrix all that time performing on 
 her part all the duties of a faithful and affectionate wife — 
 
 She further states that about the said day of 
 
 in the year one thousand eight hundred and thirtyfour said de- 
 fendant abandoned your oratrix. She further states that since 
 said abandonment the said defendant has never returned to your 
 oratrix, nor furnished her with any support, and, in a word, has 
 never since performed any of those duties which by his marriage 
 vow he was bound to do; but in every respect has violated his 
 marriage contract; all which conduct on the part of the defendant 
 was contrary to the wishes of your oratrix, and was not brought 
 about by any fault of her's. Your oratrix further states that she 
 has, ever since said marriage and abandonment, resided in the 
 said county of Sangamon. She further states that the said de- 
 fendant, has also, ever since said abandonment, continued, and 
 still continued to reside in the said county of Sangamon. 
 
 In tender consideration of which your oratrix prays that the 
 said Aaron Green be summoned to appear and on his oath true 
 answers make to all and singular the allegations of this Bill; 
 And that upon a final hearing your Honor will decree that the 
 Bonds of matrimony existing between the said defendant and 
 your oratrix may be dissolved; and that such other and further 
 relief may be granted as the equity of her case may demand : And 
 as in duty bound she will ever pray &c. 
 
 Nancy Green 
 
 By her attorneys 
 
 Stuart & Lincoln 
 14 
 Nancy Green ] 
 
 vs \- Pet. for Divorce 
 
 Aaron Green J 
 
UNCOLLECTED WORKS OF LINCOLN 189 
 
 Filed Sept. 4, 1837 
 
 Wm Butler Clk 
 Let Process issue 
 
 Stuart & Lincoln 
 
 (Issued Sept. 4.) 
 
 DEPOSITIONS IN THE SUIT OF HOUGHTON VS. 
 HART'S HEIRS, SEPTEMBER 6, 1837 
 
 (Herndon-Weik Collection) 
 
 This deposition with questions and answers is from the pen 
 of Mr. Lincoln. Justice of the Peace Moffett penned the certifi- 
 cation of deposition and appears also to have written the words 
 "The Clerk of the Sangamon Circuit Court/' The cover nota- 
 tions are in the hand of Stuart, while Butler wrote the date of 
 filing. 
 
 Depositions taken at the office of Thomas Moffett in the 
 town of Springfield on the 2nd day of September in the year 
 1837 to be read in evidence in the cause now pending in the 
 Sangamon circuit court in which Elijah Houghton is complainant 
 and the heirs of David Hart deceased are defendants. 
 
 Abraham Lincoln, who is of lawful age, being duly sworn, 
 gave the annexed answers to the following interrogatories (viz) 
 
 Interrogatory 1st. Did you or did you not, by the direction 
 of David Hart, some time in the autumn of 1834, survey and set 
 off by admeasurement to Elijah Houghton the certain tract of land 
 of the following number and boundaries (viz) Begining with 
 the South East corner of the West half of the South East quarter 
 of Section Thirteen in Township Seventeen North of Range 
 Seven West of the Third Principal Meridian ; thence West with 
 the Southern boundary line of the same, ten chains and seven 
 links: thence North twelve chains and forty links to the centre 
 of the channel of Rock Creek : then down the said creek with it's 
 meanderings to the Eastern boundary line of said half quarter; 
 thence South with said Eastern boundary line to the place of 
 begining, containing twelve acres and fortyeight hundredths of 
 an acre more or less — 
 
 Answer — I did. 
 
 Interrogatory 2nd. Did you or did you not then hear said 
 Hart say that he had sold said tract of land to said Houghton, 
 and that said Houghton had paid him for it? 
 
 Answer — I did hear him say so a number of different times. 
 
 
190 UNCOLLECTED WORKS OF LINCOLN 
 
 Interrogatory 3rd. Did or did not the said Hart deliver 
 possession of the said land to the said Houghton? 
 
 Answer — Said Hart and Houghton were both present and 
 assisting in marking &c at the time of the surveying; and I under- 
 stood the possession to be delivered to said Houghton by said 
 Hart; but cannot say that I heard it done in express language. 
 And further deponent saith not 
 
 A. Lincoln 
 State of Illinois I ss 
 
 Sangamon County j This is to certify that on the 2nd day of 
 
 September A. D. 1837: between the Hours of 6. Oclock A M 
 & 6. Oclock P M of the Same day at my office in Springfield the 
 foregoing Deposition was given & Inscribed by A Lincoln who 
 was duly Sworn thereto according to Law before me. 
 
 Thomas Moffett Jus Peace 
 in & for Sangamon County 
 State of Illinois 
 Justice Moffetts fees for \ 340 words 62y 2 
 
 taking the above deposition ( Certificate 25 
 
 S7y 2 
 
 A True Statement of my fees 
 Attest Thos Moffett J P— 
 Elijah Houghton ] 
 
 vs J* Depositions 
 
 Heirs of David Hart dec J 
 
 The Clerk of Sangamon Circuit 
 Court 
 Filed Sept 6th 
 1837 
 
 Wm Butler elk 
 
 SCISA IN THE SUIT OF HICKMAN VS. BRAUCHER 
 & BRAUCHER, SEPTEMBER 8, 1837 
 
 (Herndon-Weik Collection) 
 This writ beginning with the words, "state of Illinois," and 
 concluding with "the above recited mortgage," was drazvn by Mr. 
 Lincoln. The concluding phrase precedes the words, "against 
 Them," at which point John T. Stuart takes up the writing. He 
 concludes with the words "September A.D. 1837," at which point 
 the document is signed by Butler. The cover notations are by 
 Butler down to the point of the beginning of the notations by 
 
UNCOLLECTED WORKS OF LINCOLN 191 
 
 Sheriff Elkin, which start with the words, "Executed on Isaac R 
 Brauscher." The word "Scisa" used by Butler seems to have 
 been a variant of scire, and is now obsolete. The two words 
 meant the same thing, investigation or writ for showing cause 
 why a judgment or decision should not be rendered. The name 
 of Rachael Braucher which is given as an interlineation after 
 Isaac R. Braucher is in the hand of Stuart, the only change be- 
 fore Stuart adds the paragraph in his hand. A judgment of 
 $481.96 was rendered in favor of Hickman, the client of Stuart 
 and Lincoln, upon March 5, 1838. Stuart and Lincoln amended 
 their bill of complaint in the case on March 7, 1838. Ten days 
 later, a final decision was in favor of Hickman. 
 
 State of Illinois \ The People of the State of Illinois 
 
 Sangamon county j To the Sheriff of Sangamon county Greeting — 
 Whereas Isaac R. Braucher and Rachel Braucher on the twenty- 
 fourth day of June in the year of our Lord one thousand eight 
 hundred and thirtysix executed the following deed, 
 towit, 
 
 "This Indenture made and entered into this twentyfourth 
 day of June A. D. 1836 Between Isaac R. Braucher and Rachel 
 Braucher wife of the said Isaac R. of the county of Sangamon 
 and State of Illinois of the first part, and George Churchill of 
 the county & state aforesaid of the other part Witnesseth That 
 the said party of the first part for and in consideration of the 
 sum of four hundred dollars to them in hand paid by the said 
 party of the second part the receipt whereof is hereby acknowl- 
 edged, have granted, have gained and sold & by these presents 
 do grant, bargain & Sale unto the said party of the second part 
 all those certain tracts or parcels of land situate lying & being 
 in the county of Sangamon & State of Illinois Known and 
 described as follows Towit, The South West quarter of Section 
 No. Thirtyone in Township Seventeen North of Range four 
 West of the Third Principal Meridian containing one hundred 
 & Seve.ntyeight acres & seventysix hundredths of an acre. Also 
 the West half of the North East quarter of Section, Township 
 and Range aforesaid, and the East half of the North West 
 quarter of the same Section Township and Range both together 
 containing one hundred and & Sixty acres. To have and to hold 
 to him the said party of the second part, his heirs and assigns 
 forever. The above described premises tegether with all & 
 singular the, privileges, appurtenances and improvements there- 
 unto belonging or in anywise appurtaining. And the said party 
 
192 UNCOLLECTED WORKS OF LINCOLN 
 
 of the first part do hereby for themselves their heirs executors 
 and administrators Covenant & agree to & with the said party 
 of the second part, forever to warrant and defend the title of 
 said land against the claim or claims of all persons claiming or 
 to claim title to the same. Yet upon this condition, that if the 
 said party of the first part shall well and truly pay to the said 
 party of the second part the said sum of four hundred dollars 
 the consideration above expressed for which the said Braucher 
 hath this day executed his note of hand payable twelve months 
 after date according to the true intent and meaning of said note 
 — then the above Deed to be null and void — Otherwise to remain 
 in full force & virtue — In testimony whereof the said party of 
 the first part have hereunto set their hands & Seals this day & 
 year above written 
 
 In presence of I. R. Braucher (Seal) 
 
 Thomas Moffett Rachel Braucher (Seal) 
 
 Which deed above written, was on the day and year aforesaid, 
 duly acknowledged before one Thomas Moffett a Justice of the 
 Peace within & for the county of Sangamon; and which deed 
 was also duly recorded by one (sic) one Benjamin Talbott, Re- 
 corder within & for said county, in his office 
 
 And whereas afterwards, towit, on or about the third day 
 of May in the year 1837 George Churchill, the grantee in the 
 above deed died, and subsequently, towit, on the 8th day of May 
 1837 letters testamentary on the estate of the said George Church- 
 hill, with the will annexed were taken out of the office of the Judge 
 of Probate within & for the county of Sangamon, by one William 
 Hickman ; and whereas the said note, refered to in the condition 
 to the above deed, the same being in the words and figures follow- 
 ing towit, "$400.00 Twelve months after date I 
 "promise to pay to George Churchill or order Four 
 "hundred Dollars with Interest at twelve per cent for 
 Value received June 24th 1836 
 
 I. R. Braucher" 
 has never been paid, nor any part thereof — 
 
 Now therefore we command you to summon Isaac R. 
 Braucher and Rachael Braucher to be and appear on the first 
 day of the next term of the circuit court for the county of Sanga- 
 mon commencing on the second Monday of October A. D. 1837 
 at the Court House in Springfield, to show cause, if any they 
 have, why Judgment should not be rendered in favor of William 
 Hickman, Executor of the last Will and Testament of George 
 
UNCOLLECTED WORKS OF LINCOLN 193 
 
 Churchhill, deceased, for such sum of money as may be due by 
 virtue of the above recited mortgage — against Them. 
 
 And the said William Hickman brings here and shows to 
 the Court his letters Testamentary granted by the Court of Pro- 
 bate in and for the County of Sangamon, dated the 8th day of 
 May 1837. Shewing that he right hath to have & Demand, by 
 the Isaac and Rachael, the sum of money due by said mortgage, 
 as above set forth. 
 
 and have you then there this writ 
 
 Witness William Butler Clerk of 
 
 our said Court at Springfield this 
 
 8th day of September A.D. 1837. 
 
 Wm Butler Clk 
 
 William Hickman 
 
 Excr of G. Churchhill 
 
 l 
 
 vs }» Scisa 
 
 I. R. Braucher 
 
 & Rachael Braucher 
 
 To Oct Term 1837 
 
 Executed on Isaac R 
 Braucher Sept 9—1837 
 
 ORIGINAL NOTE OF WILBOURN VS. SIMMONS: 
 SEPTEMBER 8, 1837 
 
 (Herndon-Weik Collection) 
 The note in this case confirms the fact that Mr. Lincoln 
 erred in his statement that Pollard Simmons in the declaration 
 had signed his note as "P Simmons/' It also reveals that his 
 transcription of the name as the signature in the quoted note was 
 correct. Mr. Lincoln frequently copied the notes, even to mis- 
 spelled words, but it will be seen that he did place a "p" in the 
 "Promise" of the original note. 
 
 On or before the 1st day of March next I promise to pay 
 T & J. S. Wilbourn or bearer one hundred and seventy dollars 
 for value reed, this 4th day of Nov. 1836. 
 
 P. Simmons 
 Attest 
 Bowling Green 
 
194 UNCOLLECTED WORKS OF LINCOLN 
 
 NOTICE OF TAKING DEPOSITIONS IN SUIT OF 
 
 WRIGHT ET AL VS. ADAMS, SEPTEMBER 11, 1837 
 
 (Herndon-Weik Collection) 
 
 This notice was drawn by Mr. Lincoln and signed by Walker 
 & Hewitt, attorneys for respondent. The declaration in this suit, 
 as noted elsewhere, had been filed on June 22, 1837. Stuart, 
 Lincoln and Logan appeared in the case upon July 5, 1837, as 
 attorneys for the plaintiffs. Logan and Lincoln filed a replica- 
 tion upon October 17, 1837, and upon November 12, 1837, Mr. 
 Lincoln took the deposition of Stephen Dewey, clerk of the Ful- 
 ton Circuit Court. This contradicted Adams' claim to title to the 
 land in dispute. Adams asked leave to take depositions upon 
 March 8, 1838, and leave was granted by the court. Adams on 
 July 7, 1838, requested leave to withdraw an assignment of judg- 
 ment which he had filed as an exhibit, and the request was granted 
 the following day. Five days later Adams filed his affidavit and 
 asked for a change of venue to Schuyler County. The case was 
 changed to Schuyler County, but was remanded to Sangamon by 
 Judge Stephen A. Douglas because he had been an attorney for 
 Adams. The case was never brought to trial, but upon Novem- 
 ber 29, 1843, two months after the death of Adams, it zuas 
 abated by the court. Mrs. Anderson and the heirs of James 
 Adams received the ten acres of land in question. Lucien Adams 
 who is mentioned in this deposition was the son of James Adams. 
 Joel Wright et af 
 
 vs S- In Chancery 
 
 James Adams 
 
 Respondent's solicitors in the above entitled cause will please 
 take notice, that on the twenty third day of the present month, 
 between the hours of nine A. M. and five P. M. of said day the 
 complainants in the above cause will attend at the Office of 
 Thomas Moffett in the town of Springfield, Sangamon county, 
 State of Illinois, for the purpose of taking the Deposition of 
 Lucien B. Adams to be read in evidence in the above entitled 
 cause now pending in the Sangamon Circuit Court. 
 
 Yours 
 September 11th 1837 
 
 Joel Wright et al 
 By Stuart & Lincoln 
 Solicitors 
 
 We acknowledge the service of the above notice on the 11th 
 of September 1837 
 
UNCOLLECTED WORKS OF LINCOLN 195 
 
 Walker & Hewett 
 Joel Wright et, al for Respondent 
 
 ) 
 
 vs J- Chancery 
 
 i 
 
 James Adams 
 
 Notice 
 
 Filed Sep 11. 1837 
 Wm Butler 
 ck 
 
 BOND FOR COSTS AND SUMMONS IN SUIT OF 
 FLEMING VS. RANSDELL, SEPTEMBER 16-26, 1837 
 
 (Herndon-Weik Collection) 
 This bond for costs is signed by Radford, but the words 
 "Filed Sept \6th 1837" appear to have been penned by Mr. 
 Lincoln, while the signature of Butler is clearly in his hand. The 
 summons for Dorsey was also drawn by Mr. Lincoln. Stuart 
 and Lincoln filed their plea in this case on October 18, 1837. 
 Fleming took a non-suit on July 3, 1838, which means that the 
 case was recorded as having terminated due to the default or 
 failure of the plaintiff to establish a good cause for action. 
 Sangamon Circuit Court 
 
 October Term 1837. 
 Samuel Fleming 
 
 l 
 
 vs \ Assumpsit 
 
 Wharton Ransdell 
 
 I do hereby enter myself security for costs in the above 
 cause, and acknowledge myself bound to pay, or cause to be 
 paid all costs, which shall accrue in the above entitled cause, 
 either to the opposite party, or to any of the officers of this 
 court, in pursuance of the laws of this State. 
 
 Dated Sept. 16th 1837 R. Radford 
 
 Fleming 
 
 l 
 
 vs. \ Bond for 
 J Costs 
 Ransdell 
 
196 UNCOLLECTED WORKS OF LINCOLN 
 
 And also that you bring with you, and produce at the time 
 and place aforesaid a certain mortgage deed which was taken by 
 you from one James Downs to secure the payment of one hundred 
 dollars specified in a certain promissory note taken of the said 
 James Downs by you on the 9th day of June 1836 and since in- 
 dorsed by you to bearer and passed to Wharton Ransdell — 
 
 The People of the State of Illinois to the Sheriff 
 of Tazewell county — Greeting — 
 
 You are hereby commanded to summon Charles S Dorsey 
 to be and appear before the Circuit court of Sangamon county 
 on the sixth day of the next term, to be holden in Springfield 
 on the second Monday in the month of October next, to testify 
 and the truth to speak in behalf of Wharton Ransdell in a cer- 
 tain matter of controversy pending in the said court, wherein 
 Samuel Fleming is plaintiff, and the said Wharton Ransdell is 
 defendant; and also to command the said Charles S. Dorsey to 
 bring with him, and to produce at the time and place aforesaid, 
 a certain mortgage deed which was executed and delivered to him 
 by one James Downs to secure the payment of the sum of one 
 hundred dollars specified in a certain promissory note taken by 
 the said Dorsey of the said Downs on the 9th day of June 1836; 
 and since indorsed by said Dorsey to bearer, and passed to 
 Wharton Ransdell — And have there then this writ — 
 
 Witness William Butler Clerk of 
 our said court at Springfield 
 this 26th day of September 1837 
 Wm Butler Clk 
 Fleming 
 vs 
 
 Wharton Ransdell 
 Filed Oct 14th 1837 
 Returned Not found 
 in my county Oct — 
 10th 1837 
 
 Wm A. Tinney Shff SC 
 
 PRAECIPE AND BOND IN THE SUIT OF BILLOW 
 VS. WHITE, SEPTEMBER 22, 1837 
 
 (Herndon-Weik Collection) 
 This document is the work of Mr. Lincoln, with the excep- 
 tion of the signature of Robert Irwin, and the date of filing by 
 
UNCOLLECTED WORKS OF LINCOLN 197 
 
 the clerk. Irwin, long the friend and financial adviser of Mr. 
 Lincoln, was a native of Pennsylvania, who settled in Spring- 
 field in 1834 at the age of twenty-six years. He was first a dry 
 goods merchant, and after that for many years before his death 
 in 1865, in turn secretary and cashier of the Fire and Marine 
 Insurance Company Bank. 
 
 State of Illinois \ In the circuit court 
 
 Sangamon county & circuit j October Term 1837 
 
 Charles P. Billow' 
 
 vs - Tresspass on the case upon premises 
 
 Lorance White J Damage $200.00 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause returnable to the next term of said court — 
 
 Charles P. Billow] 
 vs I 
 
 Lorance White 
 
 I do hereby enter myself security for costs in this cause, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in the action, either to the opposite party or 
 to any of the officers of this court, in pursuance of the laws of 
 this state Dated this 22nd of Sept 1837 
 
 Rob . . Irwin 
 Charles P. Billow 
 
 vs 
 Lorance White 
 Precipe & Bond 
 Filed Sep't 22d 1837 
 Wm Butler Clk 
 
 COMPLAINT IN SUIT OF VON PHUL & MCGILL VS. 
 PORTER, SEPTEMBER 22, 1837 
 
 (Herndon-Weik Collection) 
 This complaint was drawn by Lincoln, and the cover nota- 
 tions are also his handiwork, with the exception of the file date 
 and the signature of Butler. Lawyer Lincoln spelled "business" 
 as "bussiness" and "trespass" as "tresspass," a common practice 
 in his legal papers. The words, "in the year of our Lord one 
 thousand, eight, hundred and thirty four," reveal a punctuation 
 not common to the Lincoln legal papers, but of interest because 
 of his rare misuse of punctuation. A more remarkable char- 
 
198 UNCOLLECTED WORKS OF LINCOLN 
 
 acteristic of the documents is the rarity of mistakes in punctuation 
 for an almost unschooled man. 
 
 State of Illinois \ In the circuit court — 
 
 Sangamon county & circuit j October Term 1837. 
 
 Henry Vonphul and Theodore L. McGill, trading and doing 
 bussiness under the name and style of Vonphul & McGill com- 
 plain of William Porter being in custody &c in a plea of 
 Tresspass on the case upon promises; for that whereas the said 
 defendant (signing his name Wm Porter) heretofore, towit, on 
 the eighth day of April in the year of our Lord one thousand, 
 eight, hundred and thirtyfour, at the county and circuit aforesaid, 
 made his certain promissory note in writing, bearing date the day 
 and year aforesaid and thereby then and there promised to pay, 
 to the said plaintiffs or their order, the sum of one hundred and 
 one dollars with interest at the rate of ten per cent per annum 
 from date until paid, for value received, and then and there de- 
 livered the said promissory note to the said plaintiffs; by means 
 whereof, and by force of the statute in such case made and pro- 
 vided, the said defendant then and there became liable to pay 
 to the said plaintiffs the said sum of money in the said promis- 
 sory note specified according to the tenor and effect of the said 
 promissory note; and being so liable, he the said defendant, in 
 consideration thereof, afterwards, towit, on the day and year 
 aforesaid, at the county and circuit aforesaid, undertook, and 
 then and there faithfully promised the said plaintiffs to pay them 
 the said sum of money in the said promissory note specified, 
 according to the tenor and effect thereof, when he should be 
 thereunto afterwards requested. Yet the said defendant (although 
 often requested so to do) hath not as yet paid to the said plain- 
 tiffs the said sum of money in the said promissory note specified, 
 or any part thereof ; but so to do, hath hitherto wholly neglected 
 and refused; and still doth neglect and refuse. To the damage 
 of the said plaintiffs in the sum of two hundred dollars, and there- 
 fore they bring their suit &c. 
 
 Stuart & Lincoln for plff 
 
 The following is a copy of the instrument declared on — 
 
 "Due Vonphul & McGill or order one hundred and one dol- 
 lars with ten per cent from date till paid — 
 Springfield, April 8. 1834 
 
 Wm Porter" 
 
UNCOLLECTED WORKS OF LINCOLN 199 
 
 S 100-00 
 Vonphul & McGill 
 
 vs 
 William Porter 
 
 Declaration 
 
 Filed Sept 22d 1837 
 
 Wm Butler Clk 
 
 AFFIDAVIT IN THE SUIT OF FOSTER & COMPANY 
 
 VS. LOCKERMAN, SEPTEMBER 22, 1837 
 
 (Herndon-Weik Collection) 
 
 This affidavit is in the hand of Mr. Lincoln. Foster signed 
 the paper, and the notations signed by Butler, clerk, are penned 
 by him. The case was dismissed on July 3, 1838 by Stuart & 
 Lincoln, which means for those not in the legal fraternity, that 
 the action was given no further consideration or hearing by the 
 court. 
 
 State of Illinois \ 
 Sangamon county \ 
 
 This day personally appeared before the undersigned, Abner 
 Foster, who, being duly sworn, deposes and says that Stanley 
 Lockerman is justly indebted to Henry T. Foster and Abner 
 Foster trading and doing business under the name and style of 
 H. T. Foster & Co in the sum of eighty dollars and fiftyfour 
 cents lawful money of the United States, for goods sold and 
 delivered; that said Lockerman has departed from this state, 
 with the intention of having his effects and personal estate re- 
 moved without the limits of this state; and that he believes 
 Absalom Bowling and Riley Clarkston, both residing in the said 
 county of Sangamon are indebted to the said Stanley Lockerman. 
 
 Abner Foster 
 Sworn to before me this 
 22d day of Sept 1837 
 
 Wm Butler Clk 
 H. T. Foster & Co. 
 
 1 
 vs \ affa 
 
 Stanley Lockerman 
 Filed Sept 22d 1837 
 Wm Butler Clk 
 
200 UNCOLLECTED WORKS OF LINCOLN 
 
 PRAECIPE AND DECLARATION IN THE SUIT OF 
 
 RUPERT & LINDENBERGER VS. GARRETT, 
 
 SEPTEMBER 22, 1837 
 
 (Herndon-Weik Collection) 
 
 This praecipe and declaration are from the pen of Abraham 
 Lincoln, and he wrote the cover notations, with the exception of 
 the filing date by Butler. Mr. Lincoln spelled "Garrett" as 
 "Garret" upon one occasion. He omitted the word "neglected" 
 before "and refused" in this paper, but it may be that Mr. Gar- 
 rett merely refused to pay the note, without any action of neglect 
 an his part. There is no definite evidence of reason for omission 
 of the usual legal phrase. The defendant filed a plea upon Octo- 
 ber 12, 1837, and withdrew it upon October 17, 1837. The case 
 was dismissed upon the latter date with costs being assessed 
 against the plaintiff. 
 State of Illinois In Sangamon circuit court 
 
 [ ss 
 Sangamon county & circuit J 
 
 October Term 1837 
 
 Eton W. Dewitt Clinton Rupert and William J. Lindenberger 
 trading and doing bussiness under the style and name of Rupert 
 & Lindenberger complain of Alexander Garrett being in cus- 
 tody &c. of a plea of Trespass on the case upon promises, 
 for that whereas the said Garrett, signing his name Alexr Gar- 
 rett heretofore, to wit, on the seventeenth day of October in 
 the year of our Our Lord one thousand eight hundred and thirty- 
 five, at the city of Louisville, state of Kentucky, towit, at the 
 county and circuit aforesaid, made his certain promissory 
 note in writing, bearing date the day and year aforesaid, and 
 thereby then and there promised to pay, Four months after the 
 date thereof, to the order of the said Rupert and Lindenberger, 
 the sum of one hundred dollars and eight cents, for value re- 
 ceived; and then and there delivered the said promissory note to 
 the said Rupert and Lindenberger; by means whereof, and by 
 force of the statute in such case made and provided, the said 
 Garret became liable to pay to the said Rupert and Lindenberger 
 the said sum of money in the said promissory note specified 
 according to the tenor and effect of the said promissory note ; and 
 being so liable, he, the said Garrett, in consideration thereof, 
 afterwards, towit, on the day and year aforesaid, at the county 
 and circuit aforesaid, undertook, and then and there faithfully 
 promised the said Rupert and Lindenberger to pay them the said 
 
UNCOLLECTED WORKS OF LINCOLN 201 
 
 sum of money in the said promissory note specified according to 
 the tenor and effect thereof when he should be thereunto lawfully 
 required. Yet the said Garrett (although often requested so to 
 do) hath not as yet paid to the said Rupert and Lindenberger, the 
 said sum of money in the said promissory note specified or any 
 part thereof; but so to do, hath hither to wholly refused, and 
 still doth refuse; to the damage of the said Rupert and Linden- 
 berger in the sum of two hundred dollars; and therefore they 
 bring suit &c — 
 
 Stuart & Lincoln for plff 
 
 The following is a copy of the instrument declared on — 
 
 "$100 08/100 Louisville October 17th 1835 
 
 Four month after date I promise to pay to the order of 
 Rupert & Lindenberger one hundred and Dollars 08/100 value 
 received 
 
 No Alexr Garrett" 
 
 State of Illinois In Sangamon circuit court 
 
 I ss 
 Sangamon county & circuit J October Term 1837 
 
 Eton W. De Witt Clinton Rupert & William 
 J. Lindenberger, trading and doing business 
 under the name and style of Rupert & 
 Lindenberger 
 
 vs 
 
 Alexander Garrett 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause, returnable to the next term of said court — 
 
 Stuart & Lincoln for plff 
 
 I do hereby enter myself security for costs in this cause; and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or to 
 any of the officers of this court in pursuance of the laws of this 
 state. Dated this 18 day of Sep 1837 
 
 A. Lincoln 
 Rupert & Lindenberger 
 
 vs \ Precipe & Declaration 
 
 Alexander Garrett 
 
 Sept 22. 1837 
 Wm Butler Clk 
 
 Tresspass on the 
 case upon promises 
 
 Damage $200-00 
 
202 UNCOLLECTED WORKS OF LINCOLN 
 
 COMPLAINT IN THE SUIT OF RUPERT & 
 
 LINDENBERGER VS. GARRETT & COMPANY, 
 
 SEPTEMBER 22, 1837 
 
 (Herndon-Weik Collection) 
 This declaration and quoted note are in the hand of Attor- 
 ney Lincoln. The paper is undated, but as it is known that Mr. 
 Lincoln filed two bills of complaint in the case of Rupert & 
 Lindenberger vs. Garrett upon September 22, 1837, this is ob- 
 viously the second one. Mr. Lincoln spelled the word, "business" 
 as "bussiness" throughout the paper. "Copy" appears as "coppy." 
 An account of the case, appears in the note to the preceding case 
 of Rupert & Lindenberger vs. Garrett. The bills of complaint 
 in the two cases were filed upon the same day, and the procedure 
 through court, and the final decisions were alike. 
 State of Illinois In Sangamon circuit court 
 
 Sangamon county & circuit J October Term 1837 
 
 Eton W. Dewitt Clinton Rupert and William J. Linden- 
 berger trading and doing bussiness under the name and style of 
 Rupert & Lindenberger complain of Henry Garrett, and Alexan- 
 der Garrett, trading and doing bussiness under the name and style 
 of H. Garrett & Co being in custody &c of a plea of Tresspass 
 on the case upon promises; for that whereas the said, Henry, 
 and Alexander, heretofore, towit, on the seventeenth day of 
 October in the year of our Lord one thousand eight hundred and 
 thirtynve, at Louisville, in the state of Kentucky, towit, at the 
 county and circuit aforesaid, made their certain promissory note 
 in writing, bearing date the day and year aforesaid, and thereby 
 then and there promised to pay, Four months after the date 
 thereof, to the order of Rupert & Lindenberger ninetynine dollars 
 and ninetyone cents, for value received; and then and there de- 
 livered the said promissory note to the said Rupert & Linden- 
 berger; by means whereof, and by force of the statute 
 in such case made and provided, the said Henry, and 
 Alexander then and there became liable to pay to the 
 said Rupert and Lindenberger the said sum of money 
 in the said promissory .note specified, according to the 
 tenor and effect of the said promissory note; and being so liable, 
 they, the said Henry and Alexander, in consideration thereof 
 afterwards, to wit, on the day and year aforesaid, at the county 
 and circuit aforesaid, undertook, and then and there faithfully 
 promised the said Rupert and Lindenberger, to pay them the 
 
UNCOLLECTED WORKS OF LINCOLN 203 
 
 said sum of money, in the said promissory note specified, accord- 
 ing to the tenor and effect thereof, when they should be thereunto 
 lawfully required. Yet the said Henry, and Alexander (although 
 often requested so to do) have not as yet paid to the said Rupert 
 and Lindenberger, the said sum of money in the said promissory 
 note specified, or any part thereof; but so to do, have hitherto 
 wholly refused, and still do refuse; to the damage of the said 
 Rupert and Lindenberger in the sum of two hundred dollars, and 
 therefore they bring their suit &c. 
 
 Stuart & Lincoln for plff 
 
 The following is a coppy of the instrument declared on — 
 
 "99 91/100 Louisville Oct 17 1835. ... 183. .. . 
 
 Four months after date we promise to pay to the order of 
 Rupert & Lindenberger Ninetynine and Dollars 91/100 
 
 Value received 
 
 No H. Garrett & Co." 
 
 DECLARATION AND PRAECIPE IN SUIT OF MCKEE 
 ET AL VS. THARP, SEPTEMBER 26, 1837 
 
 (Herndon-Weik Collection) 
 
 The declaration, praecipe and quoted note in this case were 
 penned by Mr. Lincoln. The cover notations are in the small char- 
 acters used by Butler at times. This paper shows unusual care 
 in its preparation. It is carefully punctuated, and commas and 
 semi-colons are not omitted as in days when Mr. Lincoln tried 
 so many cases that it was a task to file the legal papers in his 
 own hand. Mr. Lincoln varied the spelling of "trespass" spelling 
 it "tresspass" at times, and "trespass" at others. In this legal 
 paper, he used the phrase, "but the same to do," and not "so to 
 do." Stuart used the former phrase upon occasion. Most of the 
 early cases handled by Lincoln were trespass cases, and thus 
 routine litigation, but they offered experience necessary to his 
 growth as an outstanding attorney. Stuart and Lincoln obtained 
 a judgment of $696.26 for MeKee et al upon October 16, 1837. 
 The plaintiff was a resident of St. Louis, Missouri. 
 State of Illinois In the circuit court 
 
 }- ss 
 Sangamon county & circuit J October Term 1837 
 
 John McKee, Thomas J. Stewart and Matthew F. Lind, 
 trading and doing business under the name and style of McKee, 
 Stewart & Lind, complain of Reuben Tharp, being in custody 
 &c of a plea of Tresspass on the case upon promises, for that 
 
204 UNCOLLECTED WORKS OF LINCOLN 
 
 whereas the said defendant (signing his name R. Tharp) hereto- 
 fore, towit, on the twenty second day of March in the year of 
 our Lord one thousand eight hundred and thirtyseven, at St. 
 Louis Mo. to wit, at the county and circuit aforesaid, made his 
 certain promissory note in writing, bearing date the day and year 
 aforesaid, and thereby then and there promised to pay, six months 
 after date thereof to the order of the said plaintiffs the sum of 
 six hundred and ninetysix dollars and twentysix cents, for value 
 received, and then and there delivered the said promissory note 
 to the said plaintiffs; by means whereof, and by force of the 
 statute in such case made and provided, the said defendant then 
 and there became liable to pay to the said plaintiffs the said sum 
 of money in the said promissory note specified, according to the 
 tenor and effect of the said promissory note; and being so liable, 
 he, the said defendant, in consideration thereof, afterwards, to- 
 wit, on the day and year aforesaid, undertook, and then and there 
 faithfully promised the said plaintiffs to pay them the said sum 
 of money in the said promissory note specified, according to the 
 tenor and effect thereof when he should be thereunto requested — 
 Yet the said defendant (although often requested so to do) hath 
 not as yet paid to the said plaintiffs the said sum of money in 
 the said promissory note specified, or any part thereof ; but the 
 same to do, hath hitherto wholly neglected and refused, and still 
 doth neglect and refuse — To the damage of the said plaintiffs 
 in the sum of eight hundred dollars and therefore they bring 
 their suit &c. 
 
 Stuart & Lincoln for plffs 
 
 The following is a copy of the instrument declared on — 
 "$696—26— Saint Louis, March 22nd 1837 — 
 Six months after date I promise to pay to the order of 
 McKee, Stewart & Lind, Six hundred & ninetysix 26/100 Dol- 
 lars — value received without defalcation — 
 
 R. Tharp" 
 
 State of Illinois 
 
 Sangamon county & circuit 
 
 y ss 
 
 In the circuit court 
 
 October Term 1837 
 
 John McKee, Thomas J } 
 
 Stewart, and Matthew F Tresspass on the case 
 
 Lind, trading and doing J- upon promises — 
 
 business under the name Damage $800-00 
 and style of McKee, Stewart & Lind J 
 
UNCOLLECTED WORKS OF LINCOLN 205 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause, returnable to the next term of said court — 
 
 Stuart & Lincoln for plff 
 McKee, Stewart & Lind " 
 
 vs • In the circuit court — 
 
 Reuben Tharp 
 
 I do hereby enter myself security for costs in this cause 
 and acknowledge myself bound to pay or cause to be paid all 
 costs which may accrue in this action, either to the opposite party, 
 or to any of the officers of this court in pursuance of the laws 
 of this state— Dated this 26th of Sept 1837 
 McKee, Stewart & Lind A. Lincoln. 
 
 vs i Decln & 
 J Precipe 
 Reuben Tharp 
 
 Filed Sept 26, 1837 
 Wm Butler ck 
 
 WILLIAM HERNDON TO STUART & LINCOLN: 
 PAYMENT OF LEGAL FEE, OCTOBER, 1837 
 
 This entry in the cash book of Stuart & Lincoln is penned 
 by the junior partner of the firm. The partnership between Stuart 
 & Lincoln began in April, 1837 and terminated on April 14, 1841, 
 although Mr. Lincoln had acted with Judge Logan in cases that 
 were heard several months prior to 1841. The firm of Stuart & 
 Dummer which preceded that of Stuart & Lincoln was the lead- 
 ing firm in Springfield and Stuart and Lincoln retained this posi- 
 tion. 
 
 William Herndon 
 
 To Stuart & Lincoln Dr 
 1837— Oct To Attachment case against Smith $5.00 
 
 PETITION FOR PARTITION IN CHANCERY SUIT OF 
 
 MOSES MARTIN VS. JOHN MARTIN'S HEIRS, 
 
 OCTOBER 16, 1837 
 
 ( Herndon- Weik Collection ) 
 
 This petition for partition is the work of Abraham Lincoln's 
 
 pen. The cover notations are by Butler, and the figures below 
 
 appear to be in another hand. Mr. Lincoln erred in his spelling 
 
 in this legal paper, writing "siting" and {i apointed" instead of 
 
206 UNCOLLECTED WORKS OF LINCOLN 
 
 the spellings accepted for modern usage. He is precise to the 
 quarter cent in his statements of money matters, and corrected 
 several errors in his grammar and spelling by crossing out words. 
 
 To the Honorable Judge of the Sangamon circuit court 
 
 in chancery siting — 
 
 Respectfully sheweth unto your Honor your petitioner Moses 
 M. Martin that about the day of in the year of our 
 
 Lord one thousand eight hundred and thirtysix a certain Isaac 
 Martin died in the county of Sangamon — that administration of 
 his estate has been duly granted by the Probate court of said 
 county to your petitioner — that your petitioner has made and duly 
 filed in said Probate court of Sangamon county an inventory, 
 appraisement and sale bill of the personal estate of the said Isaac 
 Martin dec and that your petitioner has applied all the proceeds 
 of the personal estate of said Martin so far as they have come 
 to his hands to the payment of the debts of said Martin — that 
 said personal estate is insufficient for the payment of the debts 
 against the estate of said Martin — that the said personal estate 
 amounts to the sum of four hundred and fifty three dollars and 
 fiftyseven and three quarter cents — and the debts already proved 
 before the late Judge of Probate, now Probate Justice of the 
 Peace, amount to the sum of five hundred and eighty dollars and 
 sixtyfive and one quarter cents — 
 
 Your petitioner states that the said Martin died seized of the 
 following lands in the county of Sangamon towit, the West half 
 of the South West quarter of Section Eight in Township Four- 
 teen North of Range Three West; and the South half of the 
 South West quarter of Section Six in the Township and Range 
 aforesaid — Your petitioner further states that the said Martin 
 left at the time of his death Mary Martin his widow and Moses 
 M. Martin, Susan Martin, Eliza Martin, Sara Martin, Meredith 
 Martin, Charity Martin, Patsy Martin, Mahala Martin, Eli Mar- 
 tin, Jacob Martin, and Rebecca Martin children and Heirs at 
 law — the said Eliza, Sarah, Meredith, Charity, Patsy, Mahala, 
 Eli, Jacob, and Rebecca being minors — Your petitioner prays that 
 all the said persons be made defendants to this petition ; and that 
 your Honor will apoint a guardian ad litem to the said minor 
 heirs, who may be required to answer, on their behalf, to the 
 allegations of this petition ; upon a final hearing of which, your 
 petitioner prays an order from your Honorable court, directing, 
 authorizing, and empowering him to sell and convey the afore- 
 said lands, or so much thereof as may be sufficient to pay the 
 
UNCOLLECTED WORKS OF LINCOLN 207 
 
 unsatisfied debts of the estate of the said Martin deceased and 
 as in duty bound &c. 
 
 Moses M. Martin 
 administrator of Isaac Martin dec 
 
 Exparte Moses M. Martin administrator of Isaac Martin 
 deceased 
 
 On Petition to sell real estate — 
 
 This day came the said Moses M. Martin, and filed his peti- 
 tion in open court; and Samuel H Treat having been appointed 
 guardian ad litem to the minor heirs named in the said petition, 
 files his answer to the said petition, and says that he has ex- 
 amined the said petition and paper therewith filed, and knows 
 no reason why the prayer of the same should not be granted; 
 And it appearing to the court that due notice has been given of 
 this application according to law, and that the allegations of said 
 petition are true. It is therefore considered and ordered by the 
 court that the said Moses M. Martin, administrator of the estate 
 of Isaac Martin dec sell the lands mentioned in the said petition, 
 towit, the West half of the South West quarter of Section Eight; 
 and the South West quarter of Section Six, both in Township 
 Fourteen North of Range Three West of the Third Principal 
 Meridian; situate, lying and being in the county of Sangamon 
 and State of Illinois — And that said sale be made on a credit of 
 six months, after giving due notice according to law and on the 
 terms prescribed by law — And it is further ordered that the said 
 administrator report his proceedings to this court — 
 Moses Martin 
 
 I 
 
 vs J- Pet for 
 Partition 
 Isaac Martin heirs 
 Filed oct 16th 1837 
 
 Wm Butler Clk 
 July T. 1838 
 
 BRAUCHER & BRAUCHER VS. HICKMAN, 
 
 OCTOBER 18, 1837 
 
 (Herndon-Weik Collection) 
 
 A discussion of this case appears in the note to the document 
 
 of September 8, 1837 reproduced above. The present document 
 
 is signed by Logan & Baker, but is included as a part of Braucher 
 
 & Braucher vs. Hickman. 
 
208 UNCOLLECTED WORKS OF LINCOLN 
 
 i Scire Facias to Foreclose 
 
 Hickman excr of ChurchhillJ Mort g a § e 
 
 And the Defendant comes and defends wrong, and injury 
 when where &c and say the plaintiff his scire facias against him 
 to have and maintain ought not because he says that the plaintiffs 
 scire facias and the matters and things therein contained are not 
 good and sufficient i.n law for the plaintiff to maintain his scire 
 facias against him and this he is ready to verify wherefore he 
 prays judgment. 
 
 Logan & Baker pd 
 Braucher 
 
 ads i [ ?] 
 
 Hickman 
 
 Filed Oct 18th 1837 
 Wm Butler Clk 
 
 DEFENDANT'S AFFIDAVIT IN SUIT OF FLEMING 
 VS. RANSDELL, OCTOBER 21, 1837 
 
 ( Herndon-Weik Collection) 
 
 This affidavit was drawn by Mr. Lincoln and signed by 
 Wharton Ransdell. William Butler made the notations to Whar- 
 ton's oath, and he wrote the cover notations. The Butler "7" in 
 1837 resembled a "9", and a "7" has been placed above in a hand 
 other than of Butler. The "duces tecum" referred to, will be 
 understood by lawyers and students of Latin. It means "thou 
 shalt bring with thee," which in this case meant that Dorsey was 
 to bring the mortgage and his person to court, along with the 
 writ ordering his attendance. As recorded elsewhere in due 
 course the plaintiff took a non-suit. Thus the defendant may be 
 said to have won the case. 
 Wharton Ransdell ] 
 ats \ 
 
 Samuel Fleming J 
 
 This day personally appears Wharton Ransdell who being 
 duly sworn says that he is advised and verrily believes that he 
 can not safely go to trial without the evidence of one Charles S. 
 Dorsey of Tazewell county and a certain Mortgage deed supposed 
 to be in his possession; that he, this affiant has caused to be 
 regularly issued from the clerk's office of this court a Subpoena 
 
UNCOLLECTED WORKS OF LINCOLN 209 
 
 duces tecum requiring the said Dorsey to be and appear at this 
 term of this court and to have with him the said Mortgage deed ; 
 that said Subpoena duces tecum was directed to the sheriff of 
 Tazewell county and returned by him "not served" ; that he ex- 
 pects to be able to procure the evidence of the said Dorsey and 
 Mortgage Deed by the next term of this court, and to prove by 
 them that a certain tract of land lying and being in the said 
 county of Tazewell, is bound by the said Mortgage deed for the 
 payment of the debt for which this suit is brought; and that this 
 application is made for the purpose of justice and not of delay. 
 
 W Ransdell 
 Sworn to me before this 
 21st day of October A D 1837 
 
 W.. Butler Clk 
 Samuel Fleming 
 
 ) 
 
 vs \ affa deft 
 
 J 
 
 Wharton Ransdell 
 Filed oct 21st 1837 
 Wm„ Butler Clk 
 
 REPORT OF COMMISSIONER IN SUIT OF HOUGHTON 
 VS. HART'S HEIRS, DECEMBER 20, 1837 
 
 (Hern don- Weik Collection) 
 
 Attorney Lincoln drew this report which was signed by 
 Samuel H. Treat. The cover notations are by Butler. Treat's 
 report shows the decree of the court to have been in favor of 
 Houghton, the client of Stuart and Lincoln. The court ordered 
 that the rights prayed for on June 15, 1837, by Houghton be 
 granted, and title to the tract mentioned in the aforesaid docu- 
 ment conveyed to him. This was done at the October term, 1837. 
 
 I, Samuel H. Treat, having been appointed by the Sangamon 
 circuit court, at the last October term thereof, a commissioner 
 to make, execute and deliver to Elijah Houghton a deed of con- 
 veyance for a certain tract of land, being a part of the West half 
 of the South East quarter of Section Thirteen in Township 
 Seventeen North of Range Seven West of the Third Principal 
 Meridian, and bounded as follows towit: Begining at the South 
 East corner half quarter, thence West to the Southern boundary 
 line, of the same, ten chains and seven links thence North twelve 
 chains and forty links to the centre of the channel of Rock 
 
210 UNCOLLECTED WORKS OF LINCOLN 
 
 creek; thence down said creek with its meanders to the Eastern 
 boundary line of said half quarter, thence South with said East- 
 ern boundary line to the place of beginning, report: 
 
 That I have made, executed and delivered the said deed of 
 conveyance according to the decree of said court. 
 
 Given under my hand this 21.st day of December A. D. 1837. 
 
 S. H. Treat 
 Houghton 
 
 ! 
 
 vs \- Report 
 
 J 
 
 Harts heirs 
 
 Filed Deer 20th 1837 
 
 Wm Butler Clk 
 
CHAPTER IX— LINCOLN IN THE YEAR 1838 
 SURVEY OF PERIOD 
 
 On February 12, 1838 Mr. Lincoln entered his thirtieth year 
 
 year that was to mark his steady advance at the bar and in 
 politics. On January 27 he delivered before the Young Men's 
 Lyceum of Springfield an address on "The Perpetuation of Our 
 Political Institutions," mistakenly placed in the year 1837 by Nic- 
 olay and Hay. Suggested perhaps by the recent killing of Elijah 
 Parish Lovejoy by a pro-slavery mob in Altovi, although it made 
 only one indirect reference to that tragedy, Mr. Lincoln had 
 devoted much time and labor to this address which stressed and 
 deplored the evil inherent in an increasing disregard for law 
 and remained for a period of years his ablest and most com- 
 pelling public utterance, admonishing the people "never to violate 
 in the least particular the laws of the country, and never to tol- 
 erate their violation by others" — a ride the speaker was to rev- 
 erently observe until the end of his days. 
 
 In Illinois in 1838, however, politics was for Mr. Lincoln 
 an absorbing affair filled zvith strife and bitterness and sudden 
 death. His partner, John Todd Stuart, was the Whig candidate 
 for Congress in opposition to Stephen A. Douglas, and Lincoln 
 himself headed the Whig legislative ticket in Sangamon — John 
 Calhoun heading the Democratic slate — and was active in the 
 management of Whig interests in the county. Both Stuart and 
 Lincoln triumphed at the end of a contest in which no quarter 
 was asked nor given; and which left a murder trial, the sequel 
 of the killing of Dr. Jacob M. Early by Henry B. Truett, and 
 a world of ill-feeling in its wake. In due course, Mr. Lincoln, 
 who went back to the law after the votes were counted, was one 
 of four Whig lawyers zvho, zvith. Douglas directing the prosecu- 
 tion, defended Truett and helped to secure his acquittal. 
 
 Not less tense during 1838 were conditions in the field of 
 national politics. The Whigs led by Clay, not always with reason 
 or good sense, fought Van Buren and all his works. In March 
 young John Greenleaf Whittier, soon to become the bard of the 
 anti-slavery movement, assumed the editorship of the Pennsyl- 
 vania Freeman, an abolition journal published in Philadelphia, 
 and two months later witnessed the destruction of the building 
 in which it was housed by a proslavery mob. Sooner or later Mr. 
 Lincoln must have heard of the address delivered by Ralph Waldo 
 Emerson on July 15, 1838, before the divinity school at Cam- 
 bridge — an address which was to assure fame of a much debated 
 
212 UNCOLLECTED WORKS OF LINCOLN 
 
 sort to its author and lend a fresh impetus to liberal thought in 
 America. In September, 1838, William Henry Seward, Mr. 
 Lincoln's destined rival for the Presidency, was elected the Whig 
 governor of New York, and a Unitarian congregation in Cin- 
 cinnati called to its pulpit the younger Channing, a man of 
 exalted purpose who a quarter of a century later was to have 
 friendly and understanding contact with President Lincoln, 
 
 And finally in the closing days of September, 1838, there 
 was formed in Manchester the Anti-Corn-Law League, destined 
 to vastly better the lot of English labor, an event of future 
 significance to the young Whig lazvyer of Springfield, for two of 
 its founders were Richard Cobden and John Bright, who in a 
 time of doubt and hesitation were to have full faith in a great 
 leader and his unswerving aims, and hold the English masses 
 firm in their support of the Northern cause. 
 
 DEFENDANT'S BRIEF IN THE CHANCERY SUIT OF 
 CASSIDY ATS. FOSTER, JANUARY ?, 1838 
 
 (Herndon-Weik Collection) 
 
 Mr. Lincoln used the spelling, "Cassaday" in the document 
 of January 5, 1838, reproduced below but he now uses Cassidy, 
 a close approach to Cassity as given in Pratt, ''Lincoln Day by 
 Day: 1809-1839." The brief is undated, and may have been 
 drawn up as early as August, 1837, at which time Attorney 
 Lincoln wrote a long six-page answer for Cassity, the defendant 
 in the case. It may have been penned after the notice for taking 
 depositions in the case, which Mr. Lincoln wrote on January 5, 
 1838. The brief and cover notations were penned by Lincoln. 
 
 Cassidy ] 
 
 ats }- In Chancery — 
 Foster 
 
 In this case the Defendant insists that the force and obliga- 
 tion of the zvritten agreement between the parties, expired by its 
 own terms, on the first of May 1833, as will appear by an inspec- 
 tion of the instrument filed with the papers of the cause; that 
 the subsequent agreement of the Defendant is of no binding force. 
 there being no note or memorandum in writing, thereof signed 
 by the party — that the possession does not take the case out of 
 the statute of frauds, it having been given under the written 
 
UNCOLLECTED WORKS OF LINCOLN 213 
 
 agreement, and long previous to the making of the subsequent 
 verbal one — 
 
 The Defendant also objects that there is no Replication filed 
 by the Complainant — 
 
 The Defendant further objects, that there was no sufficient 
 bond for the cost filed, at the commencement of the action — The 
 Bill and exhibits filed by the Complainant, as also the Deposition 
 of Cutter, show that said complainant was not and is not a resi- 
 dent of the state — 
 
 The Defendant further insists, that the deed marked (C) and 
 tendered him by Complainants agent, is bad for the following 
 reasons, towit: 
 
 First — Because the supposed Justice of the Peace, before 
 whom it purports to have been acknowledged, does not certify 
 that the persons making the acknowledgment "are personally 
 known to him to be the persons whose names are subscribed to 
 such deed" whereas the statute requires that he should so certify — 
 
 Revised Laws— page 132 — Sec. 11 — 
 
 Second — Because the clerk who certifies that the person tak- 
 ing the acknowledgment, was a Justice of the Peace, does not, 
 either directly or indirectly, show himself to be the proper clerk 
 in whose office the official evidence of who are Justices of the 
 Peace, is kept, whereas the statute requires the certificate of the 
 '" proper clerk." 
 
 Revised Laws — page 138 — Sec. 1 — 
 
 The defendant insists, that by the showing of the com- 
 plainant, the tendering of a good deed to the Defendant was a 
 condition precedent — 
 
 Cassidy ] 
 
 ats \ Defts Brief- 
 Foster J 
 
 NOTICE OF DEPOSITIONS TO BE TAKEN IN 
 
 CHANCERY SUIT OF FOSTER VS. CASSIDAY, 
 
 JANUARY 5, 1838 
 
 (Herndon-Weik Collection) 
 
 Treat signed his name, and "Atty. of Foster" ; otherwise 
 Mr. Lincoln penned this document. Leave was given to open 
 depositions in the case on March 6, 1838. It was ruled on Jidy 14 
 that it should be decided in vacation. Stuart & Lincoln won on 
 
214 UNCOLLECTED WORKS OF LINCOLN 
 
 October 19, when Foster was ordered to convey the tract of land 
 referred to as deeded to the defendant, Cassity. And at Wash- 
 ington on January 5, 1838, President Van Buren issued a pro- 
 clamation of neutrality warning American citizens not to aid 
 Canadians then in revolt by hostile acts against Great Britain. 
 
 Joseph C. Foster] 
 
 vs > In chancery 
 
 Thomas CassadayJ 
 
 The complainant in the above entitled cause will take notice 
 that on Monday the fifteenth day of January Ins between the 
 hours of 10, o'clock A. M. and 5 o'clock P. M. of said day I shall 
 attend at the office of Thomas Moffett Esqr in the town of 
 Springfield for the purpose of taking the depositions of Albert 
 Barger, Levi Tucker, and A. E. Meacham & others to be read in 
 evidence in the above entitled cause now pending in the Sanga- 
 mon Circuit court — 
 
 January 5th 1838 Thomas Cassady 
 
 I acknowledge the service of the above notice on this day; 
 and also agree, that the depositions of Seth R. Cutter, John Cal- 
 houn and others taken by the above named complainant on the 
 22nd day of December last, may on the said fifteenth of January, 
 be opened, and the said deponents cross-examined by the said 
 defendant if he choose. 
 January 5t 1838— 
 
 S. H. Treat 
 Atty of Foster 
 
 PRAECIPE AND DECLARATION OF PLAINTIFF IN 
 
 SUIT OF ANDERSON, BELL & COMPANY VS. 
 
 GAMBREL, FEBRUARY 2, 1838 
 
 (Herndon-Weik Collection) 
 
 This document with the exception of the words, fi Filed Feby 
 2d 1838," and the signature of William Butler, is in the hand of 
 Mr. Lincoln. Stuart and Lincoln won this case on July 13, 1838, 
 when a jury awarded the plaintiffs a judgment of $207.65. 
 
 State of Illinois \ In the circuit court of said 
 
 Sangamon county & circuit j county — March Term 1838 — 
 
 James Anderson Jr, William Bell, and John W. Anderson 
 trading under the name, style, and firm of Anderson Bell & Co 
 
UNCOLLECTED WORKS OF LINCOLN 215 
 
 plaintiffs, complain of James Gambrel defendant being in custody 
 &c of a plea of trespass on the case upon promises: For that 
 whereas the said defendant, heretofore, towit on the fifth day of 
 December in the year of our Lord one thousand eight hundred 
 and thirty six at Springfield, towit, at the county and circuit 
 aforesaid, made his certain promissory note in writing bearing 
 date the day and year aforesaid and thereby then and there 
 promised to pay on or before the fifteenth day of December in 
 the year one thousand eight hundred and thirty seven to one 
 Moses Coffman or order the sum of two hundred dollars for 
 value received, and then and there delivered the said promissory 
 note to the said Moses Coffman — And the said Moses Coff- 
 man, to whom or to whose order, the payment of the said sum of 
 money in the said promissory note specified was to be made, 
 after the making of the said promissory note, before the payment 
 of the said sum of money therein specified to wit, on the day and 
 year first aforesaid, at the county and circuit aforesaid, assigned 
 the said promissory note, by which assignment, he the said Moses 
 Coffman then and there ordered and appointed the said sum of 
 money in the said promissory note specified to be paid to the said 
 plaintiffs, and then and there delivered the said promissory note 
 so assigned to the said plaintiffs : by means whereof and by force 
 of the statute in such case made and provided, the said defendant 
 then and there became liable to pay to the said plaintiffs the said 
 sum of money in the said promissory note specified according to 
 the tenor and effect of the said promissory note; and bekig so 
 liable, he the said defendant, in consideration thereof, afterwards, 
 towit, on the day and year first aforesaid, undertook, and then 
 and there faithfully promised the said plaintiffs to pay them the 
 said sum of money in the said promissory note specified accord- 
 ing to the tenor and effect thereof — , Yet the said defendant 
 (although often requested so to do) hath not as yet paid to the 
 said plaintiffs the said sum of money in the said promissory note 
 specified, or any part thereof : but so to do hath hitherto wholly 
 neglected and refused, and still doth neglect and refuse: To the 
 damage of the said plaintiffs of the sum of three hundred dollars 
 and therefore they bring their suit &c 
 
 Stuart & Lincoln for plffs 
 
216 UNCOLLECTED WORKS OF LINCOLN 
 
 The following is a copy of the instrument declared on: 
 "$200. Springfield 5th December 1836 
 
 on or before the 5th day of December 1837 I promise to 
 pay to Moses Coffman or order two hundred dollars — value red 
 
 James Gambrel" 
 
 On which is the following assignment — 
 "Pay to Anderson Bell & Co 
 Moses Coffman" 
 
 James Anderson Jr 
 William Bell & 
 John W. Anderson 
 
 vs. 
 James Gambrel 
 
 Tresspass on the case upon 
 promises — 
 
 Damages $300— 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above entitled cause returnable to the next term of said 
 court — 
 
 Stuart & Lincoln for plffs 
 
 James Anderson Jr 
 
 William Bell & 
 
 John W. Anderson \> Sangamon Circuit court 
 
 vs. 
 James Gambrel 
 
 I do hereby enter myself security for costs in this cause and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action, either to the opposite party or 
 any of the officers of this court in pursuance of the laws of 
 this state. 
 
 Dated this 2nd February A. D 1838— 
 
 A. Lincoln 
 
 Anderson Bell & Co. 
 
 vs. 
 James Gambrel 
 
 Precipe & Declaration 
 
 Filed Feby 2d 1838 
 Wm Butler Clk 
 
UNCOLLECTED WORKS OF LINCOLN 217 
 
 DECLARATION OF PLAINTIFF IN SUIT OF 
 
 ANDERSON, BELL & COMPANY VS. GARRETT AND 
 
 GARRETT, FEBRUARY 2, 1838 
 
 This declaration, the signature of Stuart and the notation of 
 Butler excepted, is in the hand of Mr. Lincoln. On March 12, 
 1838, Stuart and Lincoln obtained judgment by confession for 
 $860.48 by Alexander Garrett and a summons to Henry Garrett. 
 
 State of Illinois \ In the circuit court of said 
 
 Sangamon county & circuit \ county — March Term 1838 — 
 
 James Anderson Jr, William Bell, and John W. Anderson 
 trading under the name, style and firm of Anderson, Bell & Co. 
 plaintiffs, complain of Henry Garrett and Alexander Garrett, 
 defendants, being in custody &c. of a plea of tresspass on the case 
 upon promises: For that whereas the said defendants, by and 
 under the name, style and firm of H. Garrett & Co heretofore, 
 towit on the sixteenth day of October in the year of our Lord 
 one thousand eight hundred and thirty five, at Louisville, that 
 is to say at the county and circuit aforesaid, made their certain 
 promissory note in writing, bearing date the day and year afore- 
 said, and thereby then and there promised to pay, Six months 
 after the date thereof to the order of the said plaintiffs the sum 
 of one thousand and forty nine dollars and seventy two cents, 
 for value received, and then and there delivered the said promis- 
 sory note to the said plaintiffs ; by means whereof, and by force 
 of the statute in such case made and provided, the said defendants 
 then and there became liable to pay to the said plaintiffs the said 
 sum of money in the said promissory note specified, according 
 to the tenor and effect of the said promissory note, and being so 
 liable, they, the said defendants in consideration thereof, after- 
 wards, towit, on the day and year aforesaid; at the county and 
 circuit aforesaid, undertook, and then and there faithfully 
 promised the said plaintiffs to pay them the said sum of money 
 in the said promissory note specified, according to the tenor and 
 effect thereof — Yet the said defendants (although often requested 
 so to do) have not as yet paid to the said plaintiffs, the said sum 
 of money in the said promissory note specified ; but so to do, have 
 hitherto neglected and refused; and still do neglect and refuse: 
 To the damage of said plaintiffs of the sum of two thousand 
 dollars, and therefore they bring their suit &c. 
 
 Stuart & Lincoln 
 for Plffs— 
 
218 UNCOLLECTED WORKS OF LINCOLN 
 
 The following is a copy of the instrument declared on: 
 "$1049 72/100 Louisville Oct. 16th 1835 
 
 Six months after date We promise to pay to the order of 
 Anderson Bell & Co. One thousand and Forty nine 72/100 Dol- 
 lars Without Defalcation, for value received; Negotiable and 
 
 payable at the 
 
 H. Garrett & Co" 
 
 On which is the following indorsement — 
 "Received on the within $305-50 cents Dec 29. 1837" 
 
 James Anderson Jr 1 
 
 William Bell & 
 
 John W. Anderson [ Trespass on the case upon promises- 
 
 vs. Damage $2000 
 
 Henry Garrett & 
 Alexander Garrett 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above entitled cause returnable to the next term of said 
 court — 
 
 Stuart & Lincoln for plffs — 
 
 Sangamon circuit court 
 
 James Anderson Jr 
 William Bell & 
 John W. Anderson 
 
 vs. 
 Henry Garrett & 
 Alexander Garrett 
 
 I do hereby enter myself security for costs in this cause and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or to 
 any of the officers of the court in pursuance of the laws of this 
 state— Dated this 2nd February A. D. 1838 
 
 John T. Stuart 
 
 Anderson Bell & Co 
 
 vs. 
 H. Garrett & Co. 
 
 Precipe & Declaration 
 
 Filed February 2 1838 
 Wm Butler Clk. 
 
UNCOLLECTED WORKS OF LINCOLN 219 
 
 DECLARATION IN THE SUIT OF ANDERSON ET AL 
 
 VS. PATTERSON ET AL, SANGAMON CIRCUIT 
 
 COURT, FEBRUARY 2, 1838, 
 
 (Herndon-Weik Collection) 
 
 The note on which this suit was based is obviously not in 
 the hand of Mr. Lincoln, and the words, "Pattersons note, $200, 
 due 19th Deer 1837" may not be. "Pay to Anderson Bell & Co," 
 and signed "Moses Coffman" below, is in his hand, with the ex- 
 ception of C off man's signature. The entire legal document was 
 drawn by him. Final decision in the case came on July 5, 1838, 
 when the clerk made entry that the defendant had been duly 
 served with a scire facias by the plaintiff, and " came not but 
 made default." The court then decreed that the plaintiff's scire 
 facias be taken as confessed. It noted also that upon March 9, 
 1838, the plaintiffs had recovered a judgment of $203.00 in an 
 action of assumpist against Frederick A. Patterson with whom 
 the said George Patterson was impleaded. It decreed in the order 
 of July 5 that George Patterson be made a party to the judgment 
 rendered on March 9, 1838, and that he be liable to pay the same. 
 The plaintiffs were granted execution therefor. 
 
 State of Illinois ] In the circuit court of said 
 
 \ 
 
 Sangamon county & circuit J county — March Term 1838 — 
 
 James Anderson Jr., Wiliam Bell, and John W. Anderson, 
 trading under the name style and firm of Anderson Bell & Co 
 plaintiffs, complain of George Patterson and Frederick A. Pat- 
 terson defendants, being in custody &c. of a plea of tresspass 
 on the case upon promises: For that whereas the said defendants, 
 heretofore : towit, on the nineteenth day of December in the year 
 of our Lord one thousand eight hundred and thirty six, at the 
 county and circuit aforesaid, made their certain promissory note 
 in writing (the said Frederick A. Patterson signing his name 
 "F. A. X Patterson") bearing date the day and year aforesaid 
 and thereby then and there promised to pay twelve months after 
 the date thereof to one Moses Coffman the sum of two hundred 
 dollars, for value received, and then and there delivered the said 
 promissory note to the said Moses Coffman. And the said Moses 
 Coffman to whom the payment of the said sum of money in the 
 said promissory note specified was to be made, after the making 
 of the said promissory note, before the payment of the said 
 sum of money therein specified, towit, on the day and year afore- 
 
220 UNCOLLECTED WORKS OF LINCOLN 
 
 said, at the county and circuit aforesaid, assigned the said promis- 
 sory note, by which said assignment, he the said Moses Coffman, 
 then and there ordered and appointed the said sum of money 
 in the said promissory note note specified to be paid to the said 
 plaintiffs, and then and there delivered the said promissory note, 
 so assigned as aforesaid to the said plaintiffs ; by means whereof, 
 and by force of the statute in such case made and provided, the 
 said defendant then and there became liable to pay to the said 
 plaintiffs the said sum of money in the said promissory note 
 specified, according to the tenor and effect of the said promissory 
 note ; and being so liable, they, the said defendants, in considera- 
 tion thereof, afterwards, towit, on the day and year aforesaid, 
 at the county and circuit aforesaid, undertook, and then and 
 there faithfully promised to pay them the said sum of money 
 in the said promissory note specified, according to the tenor and 
 effect thereof — 
 
 Yet the said defendants (although often requested so to do) 
 have not yet paid to the said plaintiffs the said sum of money 
 in the said promissory note specified, or any part thereof; but 
 so to do have hitherto wholly neglected and refused, and still 
 doth neglect and refuse : To the damage of the said plaintiffs of 
 the sum of three hundred dollars ; and therefore they bring their 
 suit &c. 
 
 Stuart & Lincoln for plffs. 
 
 The following is a copy of the instrument declared on : 
 
 Twelve months after date we 
 
 or either of us promise to pay to moses Coffman two hundred 
 dollars for value received f r him witness our hand and seal 
 this 19 day of december 1836 
 
 his 
 George X Patterson 
 
 mark 
 
 his 
 F. A. X Patterson 
 mark 
 Patterson's note 
 
 $200 
 due 19th Deer 1837 
 
 Pay to ■ 
 
 Anderson Bell & Co 
 
 Moses Coffman 
 
UNCOLLECTED WORKS OF LINCOLN 221 
 
 BILL IN CHANCERY IN THE SUIT OF GARRETT VS. 
 
 LEVERING, SANGAMON CIRCUIT COURT, 
 
 FEBRUARY 6, 1838 
 
 ( Herndon-Weik Collection) 
 
 The date of filing on the cover, and the signature of Butler, 
 
 are the only parts of this document zvhich were not penned by 
 
 Attorney Lincoln. Lawrason Levering was the brother of Mercy 
 
 Levering, the close friend of Mary Todd, who had yet to make 
 
 her entry into the life of Mr. Lincoln. One sentence in the record 
 
 offers the result of the case. It reads, "On motion of Complainants 
 
 counsel ordered that this case be dismissed at the Complainant's 
 
 cost." The clerk made this entry on October 10, 1838. 
 
 To the Honorable the Judge of the Sangamon circuit 
 court in chancery sitting. 
 
 Humbly complaining sheweth to your Honor, your orator 
 Alexander Garrett, that on the eighth day of October in the year 
 of our Lord one thousand eight hundred and thirtysix, your 
 orator, together with Jane W. his wife, executed and delivered 
 to one Lawrason Levering, who he prays may be made a de- 
 fendant to this Bill, a conditional deed of conveyance, of and 
 for a certain tract of land therein discribed, and, a copy of which 
 deed is herewith filed, marked (A), and which your orator prays, 
 may be taken and considered as part of this Bill. 
 
 Your orator states that said deed was given only to secure 
 the payment of a certain promissory note therein mentioned; 
 that if the said note were unpaid after it should fall due, the said 
 tract of land was to be sold by the said defendant to satisfy the 
 same, that in case the same should sell for more than sufficient 
 to discharge the said note and pay the expenses of the sale, the 
 overplus was to be paid to your orator by the defendant; that 
 the said note was given for eight hundred and sixtytwo dollars 
 and twentyone cents, to bear interest at the rate of eight per cent 
 per annum from date until paid ; and that the said tract of land 
 contains eighty acres, all of which will more fully appear by 
 reference to the copy of the said deed herewith filed. 
 
 Your orator further states that some time about one month 
 before the said promissory note fell due, which was twelve 
 months after the date of the said deed, your orators, intending 
 to leave the country on a visit to had a conversa- 
 
 tion with the said defendant, in which the said defendant told 
 him that when the said tract of land should be sold, he the said 
 
222 UNCOLLECTED WORKS OF LINCOLN 
 
 defendant would bid at least as much for it as was due on the 
 said promissory note; and that he, your orator, need give him- 
 self no further trouble about the matter, if he was willing to 
 take a full discharge of the said promissory note for the land. 
 
 Your orator further states that after the said promissory 
 note fell due, the same remaining unpaid, the said defendant, 
 after giving notice according to the condition of the said deed, 
 did employ an auctioneer to make public sale of the said tract 
 of land; that the said auctioneer did expose the same at public 
 auction, when the said defendant, being the highest and best bid- 
 der, the said tract of land was knocked down to him, and he be- 
 came the purchaser thereof at the rate of price of twelve dollars 
 per acre; and that said sale was made on the eleventh day of 
 October in the year of our Lord one thousand eight hundred 
 and thirty seven — 
 
 Your orator further states ,that, although the said defendant 
 bid the said tract of land off at a price per acre that would have 
 produced a sum more than sufficient to discharge the said note, 
 and pay the expenses of the said sale, he the said defendant has 
 not discharged, nor delivered up to your orator the said promis- 
 sory note, nor paid to him the said overplus; but to do either 
 wholly refuses. 
 
 In tender consideration of all which, y©ur orator prays that 
 the People's writ Subpoena may issue, requiring the said de- 
 fendant to appear and answer on his corporal oath, all and sin- 
 gular the allegations in this Bill contained, and also that he be 
 required to answer whether he, at the date of answering, has said 
 promissory note in his possession; and that on a final hearing 
 of this cause, your Honor will decree that the said defendant 
 shall deliver up to be cancelled, if the same shall be in his posses- 
 sion, the said promissory note; and also pay to your orator, so 
 much money as his bid at the sale of the said land, exceeded the 
 sum due on the said note, at the time of the said sale, and the 
 expenses of the same ; and, in case the said promissory note shall 
 not then be in the possession of the said defendant, your orator 
 prays that he, the said defendant, be decreed by your Honor to 
 pay to your orator the sum of nine hundred and sixty dollars, 
 (being the sum for which he bid off the said tract of land) to- 
 gether with interest from the time of the said sale, and that your 
 Honor will grant such other and further relief as equity may 
 require ; and, as in duty bound &c. Stuart & Lincoln 
 
 Solicitors for Complainant 
 
UNCOLLECTED WORKS OF LINCOLN 223 
 
 Alexander Garrett ] 
 
 vs. [ Bill in Chry. 
 
 Lawrason Levering J 
 Filed February 6th 1838 
 
 Wm Butler Clk 
 The clerk will issue 
 process hereon — 
 
 Stuart & Lincoln 
 
 COMPLAINT OF PLAINTIFF IN CHANCERY SUIT OF 
 
 WILSON VS. MASTERSON ET AL, FEBRUARY 13, 1838 
 
 (Herndon-Weik Collection) 
 
 This complaint was drawn by Attorney Lincoln. The date 
 of filing is in the writing of Butler, while "Fee $2&7y 2 " appears 
 to be that of Mr. Lincoln. The other cover notations also come 
 from his pen. Mr. Lincoln omitted the words, "Benjamin F. 
 Masterson," after "thirty-five," in paragraph two of the bill. He 
 hurriedly wrote, "Sanganon," for "Sangamon," but this could 
 not be construed as mis-spelling. He spells the word correctly 
 too frequently to consider this a mistake. 
 
 And the day after this complaint was filed in the House at 
 Washington John Quincy Adams presented 350 petitions against 
 slavery and the annexation of Texas which zvas soon to become a 
 burning issue. 
 
 To the Honorable, the Judge of the Sangamon circuit 
 court, in Chancery sitting — 
 
 Humbly complaining sheweth to your Honor your Orator 
 George W. Wilson, that one Benjamin F. Masterson did, on the 
 twentyseventh day of June in the year of our Lord one thousand 
 eight hundred and thirtyfive, bargain and sell to your orator the 
 South West quarter of the North East quarter of Section Three 
 in Township Seventeen North, of Range Eight West of the Third 
 Principal Meridian, containing forty acres, and situated in the 
 county of Sangamon and State of Illinois; that your orator paid 
 the said Masterson for the said tract of land; and that the said 
 Masterson obligated himself to convey the legal title of said land 
 to your orator so soon as he. the said Masterson should obtain 
 the United States patent for the same; all of which will appear 
 by reference to the instrument herewith filed, marked (A) and 
 which your orator prays may be taken and considered as part of 
 this Bill— 
 
224 UNCOLLECTED WORKS OF LINCOLN 
 
 Your orator further states that some time in the autumn of 
 the year one thousand eight hundred and thirtyfive, Masterson 
 died, without having conveyed the title of said land to your 
 orator; and leaving the following named heirs at law, towit, Lu- 
 cilla Masterson, (widow) and William B. Masterson and Ben- 
 jamin F. Masterson, minors. Your orator further states, that the 
 United States patent for the said tract of land is now in his pos- 
 session, and which he now shows your Honor — Your orator 
 further states that one James Simpson is the legal administrator 
 of the estate of the said Benjamin F. Masterson deceased. 
 
 In tender consideration of all which, your orator prays, that 
 the Peoples writ of Subpoena may issue to the said administrator 
 and heirs at law, requiring them to answer all and singular the 
 allegations of this Bill; and that on a final hearing of this case 
 your Honor will decree that the administrator of the estate of 
 Benjamin F. Masterson deceased, convey to your orator, all the 
 right, title, interest and estate in and to the South West quarter 
 of the North East quarter of Section Three in Township Seven- 
 teen North of Range Eight West of the Third Principal Medi- 
 dian, situate in the county of Sanganon and State of Illinois, 
 which the said Benjamin F Masterson had to the same at the 
 time of his decease; and that such other and further relief be 
 granted as equity may require; and your orator as in duty 
 bound &c. 
 
 Stuart & Lincoln 
 
 Solicitors for Complainant — 
 
 George W. Wilson 
 
 1 
 
 vs y Bill in Chy— 
 
 T C- J 
 
 James Simpson 
 
 Lucilla Masterson 
 William B. Masterson & 
 Benjamin F. Masterson 
 Filed Feby 13th 1838 
 W. Butler Clk 
 
 Fee $2.87J^ 
 The clerk will issue 
 process herein — 
 
 Stuart & Lincoln 
 
 
UNCOLLECTED WORKS OF LINCOLN 225 
 
 BILL OF COMPLAINT IN THE CHANCERY SUIT OF 
 
 PAYNE VS. BRYAN, SANGAMON CIRCUIT COURT, 
 
 FEBRUARY 14, 1838 
 
 (Herndon-Weik Collection) 
 
 The bill of complaint and the bond for costs in this case were 
 penned by Attorney Lincoln. The care exercised by him in most 
 of his legal documents is revealed in the crossing out of "eigth" 
 and replacing it with "eighth" There are no cover notations, but 
 Dr. Harry E. Pratt places the date of the bill of complaint as 
 February 14, 1839. (See Pratt, "Lincoln Day by Day: 1809-1839," 
 Page 120.) The complete record of each case handled by Mr. 
 Lincoln is not available in the records of the Sangamon County 
 Court. There are two volumes of Complete Records for 1835- 
 1840, one taking in the cases of 1835-1840, and the other includ- 
 ing the years, 1836-1862. Although entitled, "Complete Records," 
 these volumes contain only a limited number of cases. It is 
 apparent, two volumes could scarcely include the legal business 
 in Sangamon County from 1835 to 1862. There are gaps also 
 in the Records, which are merely the record of the clerk of the 
 action in each case. In view of the numerous discoveries in the 
 field of Lincolniana in recent years, it would be unwise to say 
 that the records will never be found. In the case of Payne vs. 
 Bryan and others, it may be said that present sources do not 
 permit of a complete case history. 
 
 To the Honorable the Judge of the Sangamon Cir- 
 cuit court in Chancery sitting : 
 
 Humbly complaining sheweth unto your Honor, your Orator, 
 Thomas J. Payne that on the eighth day of December, in the year 
 of our Lord one thousand eight hundred and thirtyfour Nicholas 
 Bryan of the county of Sangamon and State of Illinois, executed 
 a certain mortgage deed, and on the second day of January in 
 the year one thousand eight hundred and thirtyfive, acknowledged 
 the same before one of the Justices of the Peace in and for. the 
 said county of Sangamon, and delivered it to your orator; and 
 which mortgage deed was duly recorded in the Recorder's office 
 in and for the said county of Sangamon on the eighth day of 
 January in the year last aforesaid, and is herewith filed marked 
 (A) and which your orator prays may be taken and considered 
 as part of this Bill — Your orator further states that, as will ap- 
 pear by reference to the said mortgage deed, it was given to 
 secure your orator in the payment of Seventeen hundred and one 
 
226 UNCOLLECTED WORKS OF LINCOLN 
 
 dollars, and interest, due your orator in a certain promissory 
 note ; and that the money due on the said promissory note has 
 ■not as yet been paid, or any part thereof — 
 
 In tender consideration of all which your orator prays that 
 said Nicholas Bryan be made defendant to this Bill, by your 
 Honor's Subpoena in Chancery, and that he be required to answer 
 on his corporal oath all and singular the allegations in this Bill 
 contained; and that upon a final hearing of this case, your Honor 
 will Decree that the said defendant pay unto your orator the 
 sum of money due by said mortgage, and that the tract of land 
 mentioned in the said mortgage, and which your orator alleges 
 is a part of the East half of the North West quarter of Section 
 Thirty two in Township Sixteen North of Range Five West be 
 sold to satisfy the debt aforesaid, in said mortgage specified; and 
 that your Honor will grant such other and further relief as equity 
 may require, and as in duty bound &c. 
 
 Stuart & Lincoln 
 Solicitors for complainant — 
 
 I do hereby enter myself security for costs in this cause, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action, either to the opposite party or 
 to any of the officers of this Court, in pursuance of the laws of 
 this state. 
 
 A. Lincoln 
 dated this 14th day of February 
 
 DECLARATION IN THE SUIT OF ROLL VS. ANDERSON, 
 
 SANGAMON CIRCUIT COURT, FEBRUARY 19, 1838 
 
 (Herndon-Weik Collection) 
 
 The declaration and cover notations in this case, with the 
 exception of the date of filing, are in the handwriting of Mr. 
 Lincoln. His future partner, Mr. Logan, wrote the plea of the 
 defendant, added the zvords "the plaintiff doth the like," and 
 
 signed "Lincoln p q ." The "&" before the plaintiff is not 
 
 common in the careful work of Mr. Lincoln. It will be noted that 
 he varied the punctuation of the phrase, "negligently, carelessly, 
 and improperly," in each case where he used it, even as he did 
 with the words, "escaped, ran off, and was wholly lost," an in- 
 dication that he desired to be careful in punctuation, but now 
 and again was uncertain of it. Stuart & Lincoln moved for con- 
 tinuance of the case on March 8, 1838, and it was continued due 
 to a want of summons in time. At this point, the available records 
 
UNCOLLECTED WORKS OF LINCOLN 227 
 
 in the case end. Studies to the present time have failed to reveal 
 a complete history. 
 
 State of Illinois ] Of the March term of the circuit 
 
 Sangamon county & \- ss court for Sangamon county in the 
 Circuit J year of our Lord one thousand eight 
 
 hundred thirtyeight — 
 
 John E. Roll complains of John Anderson in custody &c 
 of a plea of Trespass on the case: For that whereas heretofore, 
 towit, on day of October in the year of our Lord 
 
 one thousand eight hundred and thirtysix, at the county and cir- 
 cuit aforesaid, the said plaintiff delivered to the said defendant 
 a certain Black mare to him the plaintiff of great value, towit, 
 of the value of one hundred dollars, to be by him the said de- 
 fendant, used without feed or reward for her, use; and to be 
 safely kept by him the said defendant, and returned to the said 
 plaintiff on the same day, and the said defendant then and there 
 had and received the said mare for the purpose aforesaid. Yet 
 the said defendant not regarding his duty in that behalf, 
 
 afterwards, towit, on the day and year aforesaid, at the county 
 and circuit aforesaid, conducted himself so negligently, care- 
 lessly and improperly in and about the keeping of the said mare, 
 that by and through the mere negligence and improper conduct 
 of the said defendant the said mare escaped, ran off, and became 
 and was wholly lost to the plaintiff, to wit on the day and year 
 aforesaid, at the county and circuit aforesaid — 
 
 And whereas afterwards towit, on the day and year afore- 
 said, at the county and circuit aforesaid, the said plaintiff de- 
 livered to the said defendant a certain other black mare, of him 
 the said plaintiff of the value of one hundred dollars to be by the 
 the plaintiff in a reasonable time; and the said defendant then 
 and there had and received the said last mentioned mare of the 
 plaintiff for the purpose last aforesaid — Yet the said defendant 
 not regarding his duty in that behalf afterwards towit, on the 
 day and year aforesaid, at the county and circuit aforesaid con- 
 ducted himself so negligently, carelessly and improperly in and 
 about the keeping of said last mentioned mare, that by and 
 through the mere negligence and improper conduct of the said 
 defendant in that behalf, the said last mentioned mare, escaped 
 ran off, and was wholly lost to the plaintiff, towit, on the day 
 and year aforesaid, at the county and circuit aforesaid — 
 
228 UNCOLLECTED WORKS OF LINCOLN 
 
 And whereas afterwards towit on the day and year afore- 
 said, at the county and circuit aforesaid the said plaintiff de- 
 livered to the said defendant a certain other black mare of the 
 said plaintiff to the value of one hundred dollars, to be by the 
 said defendant safely and securely kept, and the said defendant 
 then and there had and received the said last mentioned mare 
 of the said plaintiff for the purpose last aforesaid — Yet the 
 said defendant not regarding his duty in that behalf, afterwards, 
 towit, on the day and year aforesaid, at the county and circuit 
 aforesaid, conducted himself so negligently, carelessly, and im- 
 properly, in and about the keeping of the said last mentioned 
 mare, that by and through the mere negligence and improper 
 conduct of the said defendant in that behalf the said last men- 
 tioned mare, escaped, ran off, and was wholly lost to the said 
 plaintiff, towit, on the day and year aforesaid, at the county and 
 circuit aforesaid — 
 
 And whereas afterwards towit on the day and year afore- 
 said, at the county and circuit aforesaid, the plaintiff was law- 
 fully possessed as of his own property of one other black mare 
 of the value of one hundred dollars, and being so possessed 
 thereof he the said plaintiff, afterwards towit, on the day and 
 year last aforesaid at the county and circuit aforesaid came to 
 the possession of the defendant by finding — Yet the said de- 
 fendant well knowing the said last mentioned black mare to be 
 the property of the plaintiff and of right to belong and appurtain 
 to him hath not as yet delivered the said black mare to the plain- 
 tiff although often requested so to do and hath hitherto wholly 
 refused to do so and afterwards towit on the same day and year 
 aforesaid at the county and circuit aforesaid converted and dis- 
 posed of the said last mentioned mare to his own use — 
 
 By reason of all which the plaintiff says he has been injured 
 and sustained damage to one hundred dollars and therefore he 
 brings his suit &c. 
 
 Stuart & Lincoln for plff 
 
 And the Defendant comes and defends the wrong and injury, 
 when where &c and says he is not guilty in manner and form as 
 the plaintiff in his declaration hath alleged and of this he puts 
 himself upon the country 
 
 Logan & Baker 
 &the plaintiff doth the 
 like 
 
 Lincoln p q 
 
UNCOLLECTED WORKS OF LINCOLN 229 
 
 John E. Roll ] 
 
 vs. }► Decln 
 
 John Anderson J 
 Filed Feby 19th 1838 
 Wm. Butler Clk 
 
 PRAECIPE IN THE SUIT OF STONE & COMPANY VS. 
 HUGHES, SANGAMON CIRCUIT COURT, 
 FEBRUARY 21, 1838 
 ( Herndon-Weik Collection) 
 This praecipe is the forerunner of a declaration, February 
 23, 1838, in the hand of Mr. Lincoln. It was penned by Stuart, 
 as were the cover notations, with the exception of the date of 
 filing. Stuart spelled "business" correctly from the modern view, 
 and in this was unlike Lincoln. He used "damages," whereas Mr. 
 Lincoln more frequently used "damage." There is marked con- 
 trast in the care and neat penmanship of the papers of the junior 
 partner with the hurried scrawl of those by Stuart. 
 James S. Stone 
 & Zachariah R. Hinckly 
 Trading and doing 
 business under the 
 Style and firm of J. S. Stone & Co. 
 
 vs. 
 Joel Hughes 
 
 The Clerk of the Sangamon Circuit Court will issue a sum- 
 mons for the Defendant in the above cause returnable to the next 
 Term of said Court. 
 
 Stuart & Lincoln 
 
 Attos for Plffs— 
 J. S. Stone & Co 
 
 vs. Precipe 
 
 Joel Hughes 
 Filed Feby 21. 1838 
 
 Wm Butler ck 
 
 DECLARATION IN THE SUIT OF WRIGHT VS. 
 
 BROOKS AND SHACKLEFORD, SANGAMON 
 
 CIRCUIT COURT, FEBRUARY 23, 1838, 
 
 ( Hemdon- Weik Collection ) 
 
 This declaration was drawn by Mr. Lincoln, and the cover 
 notations are by him, with the exception of the date of filing. 
 
 Trespass on the case 
 
 in Assumpsit 
 Damages. $350.00. 
 
230 UNCOLLECTED WORKS OF LINCOLN 
 
 He spelled "whereas" as "wheras," and "tresspass" as "tress- 
 pass," minor points, but blots on his record as a champion speller. 
 The note appears to be in the hand of John Taylor. The minute 
 word, "Dam," and the figure, "$200/' are in the hand of Mr. 
 Lincoln, as are the words upon the cover, "Pay to Erastus 
 Wright" The concluding part of the cover, beginning with "7 
 from Taylor" may be the work of Mr. Lincoln's pen, but it is 
 so small and blurred that it does not offer conclusive evidence 
 of such a fact. Judgment was rendered in favor of Wright, the 
 Stuart & Lincoln client, on October 15, 1838. On March 9, 1839, 
 Shoe kief or d was made a party to the judgment obtained against 
 Brooks, in the preceding October. 
 
 State oflllinois ] In the circuit court of 
 
 Sangamon county \ ss said county 
 
 & Circuit J March Term— 1838— 
 
 Erastus Wright plaintiff complains of Charles G. Brooks and 
 James . . Shackleford being in custody &c. of a plea of Tresspass 
 on the case upon promises : For that wheras the said defendants, 
 heretofore, towit, on the third day of August in the year of our 
 Lord one thousand eight hundred and thirtysix, at the county 
 and circuit aforesaid made their certain promissory note in writ- 
 ing (the said Brooks signing his name "C..G. Brooks" and the 
 said Shackelford signing his name "J as M. Shackelford") bear- 
 ing date the day and year aforesaid, and thereby then and there 
 promised to pay, Twelve months after the date thereof to one 
 John Taylor or order the sum of one hundred dollars to bear 
 interest at the rate of twelve per cent, per annum, for value re- 
 ceived, and then and there delivered the said promissory note to 
 the said John Taylor — And the said John Taylor to whom or 
 to whose order the payment of the said sum of money in the 
 said promissory note specified was to be made, after the making 
 of the said promissory note, before the payment of the said sum 
 of money therein specified, towit, on the day and year aforesaid, 
 at the county and circuit aforesaid, assigned the said promissory 
 note, by indorsement in writing thereon, by which said assign- 
 ment, he the said John Taylor then and there ordered and ap- 
 pointed the said sum of money in the said promissory note speci- 
 fied to be paid to the said plaintiff, and then and there delivered 
 the said promissory note so assigned as aforesaid to the said 
 plaintiff, by means whereof, and by force of the statute in such 
 case made and provided, the said defendants then and there be- 
 came liable to pay to the said plaintiff the said sum of money in 
 
UNCOLLECTED WORKS OF LINCOLN 231 
 
 the said promissory note specified according to the tenor and 
 effect of the said promissory note; and being so liable, they the 
 said defendants in consideration thereof, afterwards towit, on 
 the day and year aforesaid, at the county and circuit aforesaid, 
 undertook, and then and there faithfully promised the said plain- 
 tiff t© pay him the said sum of money in the said promissory 
 note specified, according to the tenor and effect thereof — 
 
 Yet the said defendants (although often requested sotodo) 
 have not as yet paid to the said plaintiff the said sum of money 
 in the said promissory note specified, or any part thereof ; but so 
 to do have hitherto wholly neglected and refused, and still do 
 neglect and refuse — To the damage of the said plaintiff of two 
 hundred dollars, and therefore he sues &c. 
 
 Stuart & LincoLn 
 
 for plff— 
 
 The following is a copy of the instrument declared on : 
 $100 
 
 Twelve months after date we or either of us promise to pay 
 John Taylor or order one hundred dollars to bear interest at the 
 rate of Twelve per Cent per Annum — August 3d 1836 
 
 C. G. Brooks 
 
 T. O. C. Jas M Shackelford 
 
 Dam $200 
 C. G. Brooks 
 & J. M Shackelford 
 
 Note $100 
 
 Pay to Erastus Wright 
 John Taylor 
 7 from Taylor 
 100 Shackelford Note 
 
 178 belongs to 
 
 Morgan & Nigrod [ ?] 
 Erastus Wright 
 
 l 
 
 vs J- Declaration 
 
 Charles G. Brooks & 
 Jas M. Shackelford— 
 Filed Feby 23, 1838 
 Wm Butler ck 
 
232 UNCOLLECTED WORKS OF LINCOLN 
 
 DECLARATION IN THE SUIT OF HERNDON VS. 
 SUDDUTH ET AL, SANGAMON CIRCUIT COURT, 
 FEBRUARY 23, 1838 
 (Herndon-Weik Collection) 
 This declaration and note are in the hand of Mr. Lincoln. 
 The cover notations with the exception of the date of filing were 
 also penned by him. The mis-spelling of "promise" in the note 
 as "promis" is due to quotation by Lincoln and not his lack of 
 knowledge of the correct spelling. The plaintiff, Archer Hern- 
 don, was the rather fiery parent of William H. Herndon, Mr. 
 Lincoln's future partner. The elder Herndon, like his son, was 
 a close friend of Mr. Lincoln. It may be that Mr. Lincoln erred 
 in the penning of "Davis Robertson" in the declaration and quoted 
 note, for the correct person was Davis Robinson. Such mistakes 
 zvere not common with Mr. Lincoln, and Mr. Robinson must 
 have been known to him, as he was the one nominee of the south 
 fork of the Sangamon to remain in the race for the Legislature 
 against the Whig "Junto" headed by Lincoln, Baker et al in 1838. 
 The entry in the Record book is a long one. Davis Robinson 
 defaulted in the case, zvhereupon the court ordered a judgment 
 for $365.00, the debt mentioned in the declaration. The clerk 
 assessed damages at four dollars and fifty-six cents, which assess- 
 ment was approved by the court. Robinson was ordered to pay 
 court costs, and as a final part of the decree of March 9, 1838, 
 the court ordered the issue of a summons in the form of scire 
 facias to Sudduth and Young demanding that they come and show 
 cause why they should not be made parties to the judgment ren- 
 dered against Robinson. 
 
 State of Illinois ] In the circuit court of 
 
 Sangamon county \ ss said county — March term — 1838 — 
 
 & Circuit J 
 
 Archer G. Herndon, plaintiff complains of William H. Sud- 
 duth, Davis Robertson and Ezekiel S. Young defendants being 
 in custody &c of a plea that they render to the said plaintiff the 
 sum of three hundred and sixtyfive dollars, lawful money &c 
 which they owe to and unjustly detain from him : 
 
 For that whereas the said defendants heretofore, towit, on 
 the twentythird day of October in the year of our Lord one 
 thousand eight hundred and thirtyseven at the county and cir- 
 cuit aforesaid, by their certain writing obligatory, sealed with 
 their seals and now shown to the court &c. the date whereof is 
 
UNCOLLECTED WORKS OF LINCOLN 233 
 
 the day and year aforesaid, acknowledged themselves to be held 
 and firmly bound unto one Leroy L. Hill in the sum of three 
 hundred and sixtyfive dollars above demanded to be paid to the 
 said Leroy L. Hill Sixty days after the date of the said writing 
 obligatory and then and there delivered the same to the said Le- 
 roy L. Hill, — And the said Leroy L. Hill to whom the payment 
 of the said sum of money in the said writing obligatory speci- 
 fied was to be made after the making of the said writing obliga- 
 tory, before the payment of the said sum of money therein speci- 
 fied, towit, on the day and year aforesaid, at the county and cir- 
 cuit aforesaid, assigned the said writing obligatory, by an assign- 
 ment in writing on the back thereof — by which said assignment 
 he the said Leroy L. Hill then and there ordered and appointed 
 the said sum of money in the said writing obligatory specified 
 to be paid to the said plaintiff, and then and there delivered the 
 said writing obligatory so assigned as aforesaid to the said 
 plaintiff, by means whereof, and by force of the statute in such 
 case made and provided the said defendants then and there be- 
 came liable to pay to the said plaintiff the said sum of money in 
 the said writing obligatory specified, according to the tenor and 
 effect of the said writing obligatory — 
 
 Yet the said defendants (although often requested so to do) 
 have not as yet paid to the said plaintiff the said sum of money 
 in the said writing obligatory specified, or any part thereof; but 
 so to do have hitherto wholly neglected and refused, and still 
 neglect and refuse — To the damage of the said plaintiff of the 
 sum of three hundred dollars and therefore he sues &c. 
 
 Stuart & Lincoln 
 
 for Plff 
 The following is a copy of the instrument declared on: 
 
 "Oct th 23. 1837 
 
 "Sixty days after date we jointly and severally promis to 
 pay Leroy L. Hill three hundred and sixtyfive dollars for value 
 received this day and date above written 
 
 William H Sudduth & Davis Robertson (Seal) 
 
 E. S Young (Seal) 
 Archer G. Herndon 
 
 vs. 
 William H. Sudduth & 
 
 others 
 
 Filed Feby 23. 1838 
 Wm Butler ck 
 
234 UNCOLLECTED WORKS OF LINCOLN 
 
 DECLARATION IN THE SUIT OF STONE & COMPANY 
 
 VS. HUGHES, SANGAMON CIRCUIT COURT, 
 
 FEBRUARY 23, 1838 
 
 (Herndon-Weik Collection) 
 
 This declaration and the cover notations were penned by Mr. 
 Lincoln, with the exception of the date of filing. He spelled 
 "business," as "bussiness," a common error in more than one of 
 his legal papers. The informal spelling of the day may have per- 
 mitted of this, although Mr. Lincoln had gone through Noah 
 Webster's spelling book of the period. The case is listed in some 
 instances as "Stone vs. Hughes/' but Lincoln distinctly wrote 
 "Hughs" upon every occasion on which he used the name and 
 it may have been omitted in [ the first part of the above docu- 
 name in filing the praecipe in the case. Certain marks of punctu- 
 ation employed by Mr. Lincoln, and appearing in his other legal 
 papers, may have been omitted in the first part of the above docu- 
 ment, but the faded ink does not justify putting them in as an 
 authentic copy of the original paper. The entry by the clerk in 
 this case gives Zenas R. Hinkley instead of Zachariah Hinckley 
 as cited by Mr. Lincoln, but in more than one case, Attorney 
 Lincoln gave a more correct citation than his friend, Butler. On 
 March 7, 1839 the clerk recorded a judgment by default, amount- 
 ing to $237.37 in debt and damages, with costs assessed against 
 the defendant. 
 
 State of Illinois ] In the Circuit Court of said 
 
 Sangamon county & \ ss county — March Term — 1838 
 Circuit — 
 
 James S. Stone and Zachariah R. Hinckley, trading and do- 
 ing bussiness under the style and firm of "J- S. Stone & Co" 
 plaintiffs complain of Joel Hughs defendant being in custody 
 &c of a plea of Tresspass on the case in assumpsit: For that 
 whereas the said defendant, heretofore to wit, on the thirty first 
 day of October in the year of our Lord one thousand eight hun- 
 dred and thirtyseven at Alton that is to say at the county and 
 circuit aforesaid, made his certain promissory note in writing 
 bearing date the day and year aforesaid, and thereby then and 
 there promised to pay, three months after the date thereof, to 
 the said plaintiffs or order, the sum of one hundred and twenty- 
 two dollars and eighty hundredths of a dollar for value received, 
 and then and there delivered the said promissory note to the said 
 plaintiffs ; by means whereof, and by force of the statute in such 
 
UNCOLLECTED WORKS OF LINCOLN 235 
 
 case made and provided the said defendant became liable to pay 
 to the said plaintiffs the said sum of money in the said promis- 
 sory note specified according to the tenor and effect of the said 
 promissory note ; and being so liable, he, the said defendant, in 
 consideration thereof, afterwards towit, on the day and year 
 aforesaid, at the county and circuit aforesaid, undertook, and 
 then and there faithfully promised the said plaintiffs to pay them, 
 the said sum of money in the said promissory .note specified ac- 
 cording to the tenor and effect thereof — And whereas the said 
 defendant also afterwards towit, on the day and year aforesaid, 
 at Alton, towit, at the county and circuit aforesaid, made his 
 certain other promissory note in writing, bearing date the day 
 and year aforesaid, and thereby then and there promised to pay, 
 Forty days after the date thereof, to the said plaintiffs or order 
 the sum of one hundred dollars for value received, and then and 
 there delivered the said last mentioned promissory note to the 
 said plaintiffs ; by means whereof, and by force of the statute 
 in such case made and provided, the said defendant became liable 
 to pay to the said plaintiffs the said sum of money in the said 
 promissory note specified according to the tenor and effect of 
 the said promissory note; and being so liable he, the said de- 
 fendant, in consideration thereof afterwards, towit, on the day 
 and year aforesaid at the county and circuit aforesaid, undertook, 
 and there faithfully promised the said plaintiffs to pay them the 
 said sum of money in the said last mentioned promissory note 
 specified according to the tenor and effect thereof — Yet the said 
 defendant, (although often requested so to do) hath not as yet 
 paid the said sums of money in the said several promissory notes 
 specified, or either of them or any part thereof to the said plain- 
 tiffs, but so to do, hath hitherto wholly neglected and refused, 
 and still doth neglect and refuse : To the damage of the said plain- 
 tiffs of three hundred and fifty dollars, and therefore they sue &c. 
 
 Stuart & Lincoln 
 for plaintiffs — 
 
 The following are copies of the instruments declared on: 
 " $ 122. 80/100 Alton Oct 31. 1837 
 
 Three months after date I promise to 
 pay J. S. Stone &Co or order one hundred 
 twentytwo 80/100 Dollars value received, paya 
 ble at the Branch Bank State of Illinois at Alton. 
 
 Joel Hughs " 
 
236 UNCOLLECTED WORKS OF LINCOLN 
 
 " "100-00 Alton Oct 31. 1837 
 
 Forty days after date I promise to pay 
 
 J. S. Stone &Co or order one hundred dollars value 
 
 received payable at Branch Bank State of Illinois at 
 
 Alton 
 
 Joel Hughs" 
 J. S. Stone &Co 
 
 vs [ Declaration 
 
 J 
 
 Joel Hughs 
 
 Filed Feby 23, 1838 
 Wm Butler ck 
 
 DECLARATION IN THE SUIT OF COLBURN VS. 
 
 WALLACE, SANGAMON CIRCUIT COURT, 
 
 FEBRUARY 23, 1838 
 
 (Herndon-Weik Collection) 
 
 This declaration and cover notations, with the exception of 
 the date of filing, were penned by Mr. Lincoln. There seems to 
 be an omission which was to be filled in, as the crossing out of 
 the words, "Yet the said defendant although/' leaves the preced- 
 ing clause, and the following one without meaning. It is said that 
 John T. Stuart amended a paragraph in the document, but the 
 original in the Herndon-Weik Collection reveals no other hand- 
 writing than that of Lincoln. William Wallace, defendant, may 
 have been Dr. William Wallace, who married Frances Todd, sis- 
 ter of Mary Todd. This suit occurred about a year before the 
 marriage, and Lawyer Lincoln perhaps caused his future relative 
 more than passing discomfiture. A judgment was rendered by 
 default in favor of Colburn, The sum awarded was $234.60. 
 
 This document is incorrectly cited in the Herndon-Weik Col- 
 lection as a legal paper in the case of Longford vs. Johnson. As 
 such it presents the client of Mr. Lincoln suing himself for re- 
 covery of damages. It appears that it may be definitely placed as 
 the amendment to the original declaration in the case of Colburn 
 vs. Wallace, zvhich is dated as of February 23, 1838. There is a 
 star over the word "afterwards" in the amendment, and one pre- 
 ceding the crossed out words, "Yet the said defendant," in the 
 original declaration. There are no instructions as to the use of the 
 two stars, but if the amendment beginning with the words, "And 
 whereas also afterwards Towit," be placed at the star in the 
 
UNCOLLECTED WORKS OF LINCOLN 237 
 
 declaration of February 23, 1838 and followed through to its con- 
 clusion, it will be seen that it fits into the case of Colburn vs. Wal- 
 lace. The amendment clarifies that seeming vague meaning of the 
 original declaration, for now, the words seemingly omitted by 
 Attorney Lincoln are filled in, and the declaration and amend- 
 ment give the complete sense of the document. 
 
 The amendment ivas the co-operative work of Lawyers Stu- 
 art and Lincoln. The latter penned the words, <( and whereas 
 also," and after this Stuart took up the work of writing, and con- 
 tinued on the clause, "bearing the day and year aforesaid." Here 
 Mr. Lincoln resumed with his hand and pen, and went to the 
 concluding word, "although," at which point the declaration is 
 resumed in the original declaration. 
 
 State of Illinois ] 
 
 Sangamon county j>- ss In the circuit court of said 
 
 & Circuit j county — March term — 1838 — 
 
 Ebenezer Colburn, plaintiff, complains of William Wallace 
 defendant, being in custody &c of a plea of Trespass in the case 
 in assumpsit : For that whereas the said defendant heretofore 
 to wit, on the seventh day of July in the year of our Lord one 
 thousand eight hundred and thirty seven at the county and cir- 
 cuit aforesaid, made his certain promissory note in writing bear- 
 ing date the day and year aforesaid, and thereby then and there 
 promised to pay, on or before the first day of November then 
 next ensuing, to one E. G. Johns the sum of two hundred and 
 thirty dollars, for value received, with the condition that the 
 same might be discharged in lumber and Carpenter's work in 
 building or finishing off a house in the town of Springfield, un- 
 less it should be otherwise agreed, and then and there delivered 
 the said promissory note to the said E. G. Johns: and the said 
 E. G. Johns to whom the payment of the said sum of money or 
 property and labour in the said promissory note specified was to 
 be made, after the making the said promissory note, and before 
 the payment of the said sum of money or property and labour 
 therein specified, towit, on the day and year aforesaid at the 
 county and circuit aforesaid, assigned the said promissory note 
 by indorsement in writing thereon, by which said assignment, 
 he the said E. G. Johns then and there ordered and appointed 
 the said sum of money or property and labour in the said promis- 
 sory note specified, to be paid to one James P. Langford, and 
 then and there delivered the said promissory note so assigned to 
 the said James P. Langford : and the said James P. Langford to 
 
238 UNCOLLECTED WORKS OF LINCOLN 
 
 whom the payment of the said sum of money or property and la- 
 bour, in the said promissory note specified was by the said as- 
 signment directed to be made, after the making of the said prom- 
 issory note, and before the payment of the said sum of money, 
 or property and labour therein specified, to wit. on the day and 
 year aforesaid, at the county and circuit aforesaid, assigned the 
 said promissory note by indorsement in writing thereon, by which 
 said last mentioned assignment, he the said James P. Langford 
 then and there ordered and appointed the said sum of money, or 
 property and labour, in the said promissory note specified to be 
 paid to the said plaintiff, and then and there delivered the said 
 promissory note to the said plaintiff, by means whereof and by 
 force of the statute in such case made and provided, the said de- 
 fendant then and there became liable to pay to the said plaintiff 
 the said sum of money or property and labour in the said promis- 
 sory note specified, according to the tenor and effect of the said 
 promissory note; and being so liable, he the said defendant ,in 
 consideration thereof, afterwards, towit, on the day and year 
 aforesaid, at the county and circuit aforesaid undertook, and then 
 and there faithfully promised the said plaintiff to pay him the 
 said sum of money, or property and labour, in the said promis- 
 sory note specified, according to the tenor and effect thereof — 
 (often requested so to do) hath not as yet paid to the said plain- 
 tiff, the said sum of money or property and labour in the said 
 promissory note specified, or any part thereof ; but so to do hath 
 hitherto wholly neglected and refused, and still does neglect and 
 refuse: To the damage of the said plaintiff of the sum of four 
 hundred dollars and therefore he sues &c 
 
 Stuart & Lincoln 
 for plaintiff — 
 
 The following is a copy of the instrument declared on: 
 "On or before the first day of November next I promise to pay 
 E. G. Johns two hundred and &thirty dollars, which may be dis- 
 charged in lumber and Carpenter's work in building or finishing 
 off a house, for value received this 7th day of July 1837 — said 
 work to be done in the town of Springfield unless otherwise 
 agreed hereafter 
 
 William Wallace" 
 
 (First assignment) 
 
 "for value received I assign the within note to James P. 
 Langford E. G. Johns 
 
UNCOLLECTED WORKS OF LINCOLN 239 
 
 (Second assignment) 
 
 "for value received I assign the within note to Ebenezer 
 Colburn 
 
 J. P. Langford" 
 
 104 
 Ebenezer Colburn 
 
 vs. }- Declaration 
 
 William Wallace 
 
 Filed Feby 23, 1838 
 Wm Butler elk 
 
 PART OF COLBURN VS. WALLACE DECLARATION 
 
 (Undated in the Herndon-Weik Collection) 
 And whereas also afterwards Towit on the Day and year last 
 aforesaid at the County & Circuit aforesaid the said Defendant 
 then & there made his certain other Promissory Note in writing 
 bearing the day and year aforesaid, and thereby then and there 
 promised to pay, on or before the first day of November then 
 next ensuing, to one E. G. Johns the sum of two hundred and 
 thirty dollars, for value received, with the condition that the 
 same might be discharged m lumber and carpenter's work in 
 building or finishing off a house in the town of Springfield, un- 
 less it should be otherwise agreed, and then and there delivered 
 the said promissory note to the said E. G. Johns: And the said 
 E. G. Johns to whom the payment of the said sum of money or 
 property and labour in the said promissory note specified, was to 
 be made, after the making of the said promissory note, and be- 
 fore the payment of the said per some of money or property and 
 labour therein specified, towit, on the day and year aforesaid, 
 assigned the said promissory note by indorsement in writing 
 thereon, by which said assignment, he the said E. G. Johns then 
 and there ordered and appointed the said sum of money or prop- 
 erty and labour in the said promissory note specified, to be paid 
 to one James P. Langford, and then and there delivered the said 
 promissory note so assigned to the said James P. Langford: 
 And the said James P. Langford to whom the payment of the 
 said promissory note specified, was by the said assignment di- 
 rected to be made, after the making of the said promissory note, 
 and before the payment of the said sum of money or property 
 and labour therein specified, to wit on the day and year afore- 
 
240 UNCOLLECTED WORKS OF LINCOLN 
 
 said, at the county and circuit aforesaid, assigned the said prom- 
 issory note by indorsement thereon in writing, by which said last 
 mentioned assignment, he the said James P. Langford then and 
 there ordered and appointed the said sum of money, or property 
 and labour in the said promissory note specified to be paid to the 
 said plaintiff, and then and there delivered the said promissory 
 note to the said plaintiff; by means whereof, and by force of the 
 statute in such case made and provided, the said defendant then 
 and there became liable to pay to the said plaintiff the said sum 
 of money, or property and labour, in the said promissory note 
 specified according to the tenor and effect of the said promissory 
 note; and being so liable, he the said defendant, in consideration 
 thereof afterwards towit, on the day and year aforesaid, at the 
 county and circuit aforesaid, undertook, and then and there 
 faithfully promised the said plaintiff to pay him the said sum of 
 money or property and labour in the said promissory note speci- 
 fied according to the tenor and effect thereof — And the said 
 plaintiff in fact saith, that on and before the first day of Novem- 
 ber in the said promissory note mentioned, he the said plaintiff 
 attended at the said town of Springfield, and demanded of the 
 said defendant, the payment of the said lumber and carpenter s 
 work in the said promissory note mentioned — Yet the said de- 
 fandant (although 
 
 DECLARATION IN THE SUIT OF MASON ET AL VS. 
 
 RENSHAW ET AL, SANGAMON CIRCUIT COURT, 
 
 FEBRUARY 23, 1838 
 
 ( Herndon-Weik Collection) 
 
 The declaration and cover notdtions in this case, the filing 
 date excepted, were drazvn by Mr. Lincoln. He mis-spelled 'cat- 
 tle" in one place, using the word, "cattels" The division of 
 "thirty-three" into two zvords in the first citation of "one hun- 
 dred and thirty three" is one of the few instances in which Mr. 
 Lincoln makes a separation of such words. He usually separates 
 them when reaching the margin of the page, or in quoted notes, 
 but in the latter he frequently writes the words as one. The words 
 "were of" preceding James Mason in line two do not give clar- 
 ity to the sentence, and there is error in "were" for "where". The 
 usual care with which Mr. Lincoln penned his hundreds of legal 
 papers seems lacking to a slight degree, but a few errors in about 
 1000 is excused by the best critics. The letters, "ss" which follow 
 the county name in many legal papers, are translated most often 
 
UNCOLLECTED WORKS OF LINCOLN 241 
 
 into the English, "to wit" as they are supposedly a contraction 
 of the Latin word, "scilicet." The case of Mason & Mason vs. the 
 Renshaws was decided in favor of the latter party, on March 7, 
 1839, when the Masons, through Attorney Lincoln, asked that the 
 case be dismissed. 
 
 State of Illinois 
 
 Sangamon county [ In the circuit court of said 
 
 & Circuit — J county — March term — 1838 — 
 
 Sarah Mason and Paris Mason, plaintiffs, administratrix and 
 administrator of all and singular the goods and chattels, and 
 credits, of James Mason deceased, at the time of his death, who 
 died intestate, complain of Harman Renshaw and Samuel Ren- 
 shaw defendants, being in custody &c of a plea that they render 
 to the said plaintiffs one hundred and thirtythree dollars and 
 fiftyeight hundreds of a dollar which they unjustly detain from 
 them. For that whereas the said defendant on the second day 
 of November in the year of our Lord one thousand eight hundred 
 and thirty at the county and circuit aforesaid, by their certain 
 writing obligatory sealed with their seals and now shown to the 
 court &c the date whereof is the same day and year aforesaid, 
 acknowledged themselves to be held and firmly bound to the 
 said James Mason in his life time in the said sum of one 
 hundred and thirtythree and fiftyeight hundredths of a dollar 
 above demanded to be paid to the said James Mason or order 
 six months after the date of the said writing obligatory to- 
 gether with interest on the said sum of money therein specified, 
 at the rate of thirtyfive per cent (meaning thirtyfive pre cent per 
 annum) from the time the said sum of money in the said writing 
 obligatory specified should become due until paid — Nevertheless 
 the said defendants (although often requested so to do) have not 
 as yet paid the said sum of one hundred and thirtythree dollars 
 and fiftyeight hundredths of a dollar above demanded, or any 
 part thereof, to the said James Mason in his lifetime, or to the 
 said plaintiffs since the decease of the said James Mason (to 
 which said plaintiffs after the death of the said James Mason, 
 towit on the day of in the year of our Lord one thou- 
 
 saind eight hundred and thirty at Edwardsville, towit, at 
 
 the county and circuit aforesaid, administration of all singular the 
 goods and chattels and credits which were of the said James 
 Mason deceased at the time of his death who died intestate, by 
 the Judge of Probate of the county of) but they so to do, have 
 
242 UNCOLLECTED WORKS OF LINCOLN 
 
 hitherto wholly refused and still refuse to pay the same; or any 
 part thereof, to the said plaintiffs as administratrix and adminis- 
 trator aforesaid. To the damage of the said plaintiffs as adminis- 
 tratrix and administrator as aforesaid of four hundred dollars, 
 and therefore they bring their suit. &c — And the said plaintiffs 
 bring into court here the letters of Administration of the said 
 Judge of Probate, which give sufficient evidence to the said court 
 here of the grant of administration to the said plaintiffs as afore- 
 said, the date whereof is the day and year in that behalf above 
 mentioned &c. 
 
 Stuart &Lincoln 
 for plaintiffs — 
 The following is a copy of the instrument declared on: 
 "$ 133.58 Sangamo County 2 Nov. 1830 
 Six months after date we or either of us promise to pay James 
 Mason or order the sum of one hundred &Thirty three 58/100 
 dollars for value received — This note tc draw thirtyfive per cent 
 interest after it becomes due until paid, witness our hands & seals 
 
 Herman Renshaw (Seal) 
 123 Samuel Renshaw (Seal) 
 
 Sarah Mason & 
 Paris Mason 
 
 1 
 
 vs [ Declaration 
 
 J 
 
 Harman Renshaw 
 Samuel Renshaw — 
 Filed Feby 23, 1838 
 Wm Butler ck 
 
 ENTRY IN THE FEE BOOK OF STUART & LINCOLN 
 The junior partner made this entry against Harrison as he 
 did many others in the noted fee book of Stuart and Lincoln. 
 Peyton L. Harrison 
 
 To Stuart & Lincoln Dr. 
 1838 March To case with Dickinson $10-00 
 
 DEFENDANT'S PLEA IN THE SUIT OF FLEMING 
 VS. RANSDELL, MARCH 6, 1838 
 (Hern don- Weik Collection) 
 This plea is in the hand of Mr. Lincoln, while the cover nota- 
 tions were penned by Butler. An account of this case will be 
 found in the note to the documents for September 16-26, 1838. 
 
UNCOLLECTED WORKS OF LINCOLN 243 
 
 Wharton Ransdell ] 
 
 ads j- 
 
 Samuel Fleming J 
 
 And the said defendant comes and defends the wrong and 
 injury when, where &c. and says he did not undertake or promise 
 in manner and form as the said plaintiff hath above complained 
 against him, and of this he puts himself upon the county — 
 
 Stuart & Lincoln 
 S. Fleming for Defendant 
 
 1 
 
 vs \- 
 
 Wharton Ransdell 
 Filed Mar 6th 1838 
 Wm. Butler Clk 
 
 PLEA IN THE SUIT OF SINNARD VS. RANSDELL, 
 
 SANGAMON CIRCUIT COURT, MARCH 6, 1838 
 
 Herndon-Weik Collection) 
 
 Mr. Lincoln penned this plea, while the cover notations are 
 in the hand of Butler. The clerk wrote Sinard with one "n" while 
 Mr. Lincoln used the double "nn" for the name of the plaintiff. 
 Stuart & Lincoln asked security for costs from the plaintiff on 
 March 5, 1838, and followed with the plea next day. It is pos- 
 sible that there are further entries regarding this case in the 
 Court Record, but studies to date have not brought them to light. 
 
 Joseph Kyle ] 
 
 ats }» And the said Joseph Kyle by his attorney 
 
 John L. Sinnard J comes and defends the wrong and injury, 
 when &c. and says that he is not guilty of the said supposed 
 grienvances above laid to his charge, or any or either of them, 
 in manner and form as the said John L. Sinnard hath above 
 thereof complained against him — And of this the said Joseph 
 Kyle puts himself upon the country &c — 
 
 J. L. Sinard Stuart & Lincoln 
 
 ^ for Deft 
 
 vs \ plea 
 
 J 
 
 Joseph Kyle 
 
 Filed Marc 6th 1838 
 Wm Butler Clk 
 
V 
 
 244 UNCOLLECTED WORKS OF LINCOLN 
 
 LETTER FROM MR. LINCOLN TO LEVI DAVIS 
 OF VANDALIA 
 
 Mr. Lincoln writes his good friend Levi Davis of Vandalia 
 making excuses for delay in attending to the affairs of some of 
 the latter 's clients. There has been good reason for the delay, 
 but it has worked no harm. Levi Davis, who like David Davis, 
 was born in Cecil County, Maryland, was then serving as state 
 auditor, but in 1846 took up his residence at Alton where for 
 many years he was a leader at the bar. He died in 1897 in his 
 ninety- first year. 
 
 Springfield, March 15, 1838 
 
 Levi Davis, Esq., 
 
 Vandalia, 111. 
 
 Dear Sir : We received yours of the 2nd inst., by due course 
 of mail and have only to offer in excuse for not answering sooner, 
 that we have been in a great state of confusion here ever since 
 the receipt of your letter, and also, that your clients cannot suffer 
 by the delay. The suit is merely instituted to quiet a title which 
 has passed through Dr. Stapp, but to which he now lays no claim 
 as we understand — he is a mere nominal party to the proceed- 
 ing — more than all this, we believe nothing will or can be done 
 with the case at this court. We beg your pardon for our neglect 
 in this business; if it had been important to you and your client 
 we would have done better. 
 
 Yours truly, 
 
 Stuart and Lincoln. 
 
 AFFIDAVIT IN THE SUIT OF GOODACRE VS. SIMP- 
 SON, SANGAMON CIRCUIT COURT, MARCH 17, 1838 
 (Herndon-Weik Collection) 
 
 This affidavit was drawn by Mr. Lincoln, and signed by 
 Goodacre. The notations signed by Butler are in his hand. The 
 case involved the sale of a mare to Simpson, and misrepresenta- 
 tion of her age and condition. As is seen by the affidavit, the 
 case was first tried before a jury in the court of a justice of peace. 
 It zvas heard by a jury before the Sangamon County Court on 
 March 16, 1838, and a decision rendered in favor of the defend- 
 ant. The Court Record entries for the July, 1838 and October, 
 1838 terms reveal no information upon the action taken on this 
 affidavit filed one day after the jury had returned a verdict in 
 favor of Simpson. Mr. Lincoln represented Goodacre, who did 
 
UNCOLLECTED WORKS OF LINCOLN 245 
 
 not sign his name as penned by Clerk Butler on the cover of the 
 document. 
 
 William Goodacre 1 Sangamon Grcuit court _ 
 
 _. f On appeal from Justice of the Peace 
 
 Simpson 
 
 I 
 
 William Goodacre, being duly sworn, says that since going 
 to trial in this court in the above case, he has discovered new- 
 testimony, which he is advised and believes would be of ma- 
 teriality in this case, and of the existence of which, he was not 
 before apprised — He states that he is informed and verrily be- 
 lieves that James Weeden will swear that he raised the mare in 
 question in this case, and that she was not more than nine years 
 old at the time this affiant sold her to the said Simpson ; and that 
 said James Weeden now resides in Sangamon County, and this 
 affiant believes he will be able to procure his attendance at the 
 next term of this court — This affiant further states that this 
 case, previous to its being brought to this court on appeal was 
 tried by jury before one of the Justices of the Peace of this 
 county, and that on said trial before said Justice of the Peace, 
 no evidence was offered by the defendant Simpson to prove that 
 the said mare was more than nine years old when this affiant 
 sold her to him, said defendant; that from the nature of the case, 
 no written pleadings are necessary, by which this affiant, the 
 plaintiff,- might be notified at the defense relied on by the de- 
 fendant, that in fact, no notice of any kind was given him, that 
 proof of the mare being more than nine years old when he sold 
 her to the defendant would be offered on the trial in this court; 
 and that consequently he was taken wholly by surprise by this 
 part of the defendants testimony, which he believes is untrue, 
 and that he can rebut it by the testimony of the witness above 
 named — 
 
 Wm Goodaker 
 
 Sworn to and subscribed 
 before me this 17th day 
 of March, 1838 
 
 Wm Butler Clk 
 
 Goodacre 1 ^ 
 
 c . vs [Filed Mch 18th, 1838, 
 Simpson 
 
 Wm Butler, Clk. 
 
246 UNCOLLECTED WORKS OF LINCOLN 
 
 A NOTE WHICH HELPED TO ASSURE THE STATE 
 CAPITAL TO SPRINGFIELD 
 
 The note with its imposing array of signers here reproduced 
 had an important part in the removal of the capital of Illinois 
 from Vandalia to Springfield. The bill providing for the transfer 
 approved on February 25, 1837, contained a clause which stipu- 
 lated that the citizens of the town chosen should contribute at 
 least $50,000 toward the construction of the capital building, and 
 not less than two acres of land as a site for it. Many regarded 
 the $50,000 proviso as placing too heavy a burden on a town of 
 a little more than 1,000 inhabitants, and when the Legislature 
 convened in special session in December, 1839, Stephen A. Doug- 
 las, then a member from Morgan County, proposed a bill re- 
 leasing Springfield from its obligation. 
 
 The rest of the story is told in John C. Powers' History of 
 the Early Settlers of Sangamon County, Springfield, 1876. '"The 
 sterling honesty of Abraham Lincoln/' writes Mr. Powers, "mani- 
 fested itself on this, as on all other proper occasions. He inter- 
 posed his objections, although he fully appreciated the kindly 
 feeling that prompted the proposal; but he insisted that the 
 money should be paid. Arrangements were entered into for pay- 
 ing it in three installments. The two first payments were made 
 without any great difficulty; but the third pressed more heavily, 
 as the financial crash that swept over the whole United States, 
 while the new state house was in course of construction, im- 
 poverished many. It became necessary to borrow from the State 
 Bank of Illinois to make the last payment. 
 
 "A note for the amount was signed by one hundred and one 
 citizens and deposited with the bank, the money drawn with 
 which internal improvement scrip or stock was purchased and 
 paid into the state treasury, thus paying the last instalment in the 
 state's own evidence of indebtedness. From that time it was a 
 matter between the State Bank and the citizens who signed the 
 note. Soon after the note was given the State Bank failed, and 
 some of the payments were made in its securities, for which it 
 had received par value when it was paid out." Final settlement 
 was made on February 19, 1846, when the principal and interest 
 totalled $17,918. The original note is preserved in a Springfield 
 bank. 
 $16 666 67 Springfield, March 22, 1838 
 
 One year after date, we, the undersigned, or either of us, 
 promise to pay to the President, Directors and Company of the 
 
UNCOLLECTED WORKS OF LINCOLN 
 
 247 
 
 State Bank of Illinois, sixteen thousand, six hundred and sixty- 
 six dollars and sixty-seven cents, for value received, negotiable 
 and payable at the bank, in Springfield, with interest until paid, 
 at the rate of six per centum per annum, payable semi-annually. 
 
 John Hay, 
 L. Higby, 
 Joseph Thayer, 
 William Thornton, 
 M. O. Reeves, 
 W. P. Grimsley, 
 William Wallace, 
 John B. Watson, 
 C. H. Ormsby, 
 Moses Coffman, 
 Geo. Pasfield, 
 
 B. C. Webster, 
 S. M. Tinsley, 
 Ephriam Darling, 
 Jona. Merriam, 
 Ira Sanford, 
 Charles Arnold, 
 John L. Turner, 
 Joshua F. Amos, 
 Sullivan Conant, 
 And. McClellan, 
 Alexander Shields, 
 A. Trailor, 
 
 C. C. Phelps, 
 
 R. B. Zimmerman, 
 William Hall, 
 James L. Lamb, 
 M. L. Knapp, 
 Thomas Mather, 
 Tho. Houghan, 
 
 D. Prickett, 
 J. Calhoun, 
 Josiah Francis, 
 Washington lies, 
 
 Joel Johnson, 
 C. B. Francis, 
 Wm. S. Burch, 
 J. M. Shackleford, 
 B. Ferguson, 
 Benjamin Talbott, 
 Jesse Cormack, 
 B. C. Johnson, 
 Thomas Moffatt, 
 John F. Rague, 
 Simeon Francis, 
 Nathaniel Hay, 
 Robert Irwin, 
 Virgil Hickox, 
 George Trotter, 
 Stephen T. Logan, 
 Robert Allen, 
 James R. Gray, 
 J. Adams, 
 J. S. Britton, 
 W. B. Powell, 
 F. C. Thompson, 
 E. M. Henkle, 
 James W. Keyes, 
 Wm. Porter, 
 Wm. H. Marsh, 
 W. Ransdell, 
 Joshua S. Hobbs, 
 John G. Bergen, 
 
 B. S. Clement, 
 
 C. R. Matheny, 
 William Butler, 
 P. C. Canedy, 
 Jos. Klein, 
 
 P. C. Latham, 
 A. G. Henry, 
 Ninian W. Edwards, 
 John T. Stuart. 
 Jonas Whitney, 
 Erastus Wright, 
 John Todd, 
 E. D. Baker, 
 A. Lincoln, 
 Garrett Elkin, 
 John Capps, 
 Alexr. Garrett, 
 Gershom Jayne, 
 T. M. Neale, 
 William G. Abrams, 
 Dewey Whitney, 
 M. Mobley, 
 Foley Vaughn, 
 Abner Y. Ellis, 
 N. A. Rankin, 
 S. H. Treat, 
 Elijah lies, 
 Henry F. Luckett, 
 James P. Langford, 
 Henry Cassequin, 
 J. M. Cabaniss, 
 James Maxcy, 
 Z. P. Cabaniss, 
 E. G. Johns, 
 Amos Camp, 
 Thos. J. Goforth, 
 Benj. F. Jewett, 
 W. M. Cowgill. 
 
248 UNCOLLECTED WORKS OF LINCOLN 
 
 GROUNDS FOR APPEAL AND BOND FOR COSTS IN 
 SUIT OF CANNON VS. KINNEY, APRIL 2, 1838 
 
 (Herndon-Weik Collection 
 The documents here reproduced are in the hand of Attorney 
 Lincoln with the exception of the signatures of Joseph Smith and 
 J. P. Anderson. The notations upon the cover are in the hand 
 of William Butler, clerk, who signed himself incorrectly, "Buter." 
 Lincoln writes Kinney clearly as the name of the defendant, 
 whil°. Butler, gives the case as "Cannon vs. Kinney." On March 
 
 7, 1838 Cannon had been ordered to give security by March 15. 
 // will be noted that Joseph Smith and J. P. Anderson entered 
 themselves as security, a fact which Lincoln filed with this Docu- 
 ment of Error to Sangamon. Stuart and Lincoln had appeared 
 for Cannon when he was ordered to give security, and on July 
 
 8, 1841, as will be recorded later, Mr. Lincoln argued this case 
 for his plaintiff, Cannon, before the Supreme Court of Illinois, 
 one of his first appearances before that tribunal. 
 
 In the Supreme court for the state of Illinois — 
 
 Manly F. Cannon 
 
 vs. ► Error to Sangamon — 
 
 Matthew P. Kinney 
 
 This was an action of Tresspass brought for the seizing 
 and converting of a certain horse — 
 
 Plea: Not guilty — At the trial a jury was empanneled; and 
 the plaintiff introduced his witnesses and proved that at a certain 
 time he was the absolute owner of said horse, when he, in the 
 lead-mine country, gratuitously loaned said horse to one John 
 Harris, to be ridden to Sangamon county ; that said Harris rode 
 him to Sangamon, and placed him in the hands of one James 
 Harris, his brother to be fed and safely kept, promising to pay 
 for the feeding and keeping, and saying nothing as to who owned 
 him; that said James Harris, after keeping the horse a while 
 placed him in the hands of one Robert Harris, another brother 
 for feeding and safe keeping; that said Robert Harris, so kept 
 him until the rising of grass in the spring, when he turned him 
 on the range with other horses of his own, occasionally giving him 
 salt with his own horses ; that while said horse was thus running 
 at large, the defendant seized and took him away; said Robert 
 Harris then telling the defendant that he had understood, that the 
 plaintiff claimed said horse as his property ; that the horse at the 
 time of the taking by the defendant, was worth sixtyfive dollars, 
 
UNCOLLECTED WORKS OF LINCOLN 249 
 
 and here closed his case. The defendant then moved the court 
 to instruct the jury as in case of a non-suit, on the assumed 
 ground that the horse was not taken by the defendant from the 
 possession of the plaintiff; which motion was sustained by the 
 court. To this decision of the court, the plaintiff excepted, and 
 pled his Bill of exceptions thereto, embodying the testimony 
 aforesaid all of which appears by the Record in the cause — 
 
 The decision granting a nonsuit as aforesaid, is assigned for 
 error in the causes — 
 
 The plaintiff, in the argument of the above cause, will rely 
 on the following points, towit: 
 
 1st That as to question of possession in the action of Tress- 
 pass for injuries to personal property, it is sufficient for the 
 plaintiff to show that he had a constructive possession of the 
 property, at the time of the defendants seizing or injuring the 
 same—lrf Chitty's PI. 153. 
 
 2nd That in this case, the horse in question was in the con- 
 structive possession of the plaintiff at the time the defendant 
 seized him 1st Chitty PI 154 — 3 John's Digest 575 Bee Ab. tit 
 Ties poss. 577 web 1st Peck Rep. 232 — 
 
 Lincoln p. q. 
 Cannon 
 
 vs I- Abstract 
 
 Kenney 
 
 Manly F. Cannon 1 
 
 vs [• Sangamon Circuit Court 
 
 Matthew P. KenneyJ 
 
 In Tresspass — 
 
 I do hereby enter myself security for costs in this cause and 
 acknowledge myself to pay or cause to be paid all costs which 
 may accrue in this action, either to the opposite party or any of 
 the officers of this court in pursuance of the laws of this state — 
 
 Dated this 8th day of February A D 1838 
 
 Joseph Smith 
 Cannon J P Anderson 
 
 1 
 
 vs )■ Bond 
 
 Kinney 
 
 Filed April 2 1838 
 
 Wm Butler Clerk 
 
250 UNCOLLECTED WORKS OF LINCOLN 
 
 NOTICE FOR TAKING DEPOSITIONS IN THE SUIT 
 
 OF McNAIR VS. ADAMS, APRIL 13, 1838 
 
 ( Herndon-Weik Collection) 
 
 The document here reproduced was drawn by Mr. Lincoln. 
 The cover notations are in the hand of Sheriff Elkin, who held 
 that office for four years following 1840, and who earlier as a 
 member of the General Assembly and one of the Long Nine had 
 helped to secure the removal of the state capital from Vandalia to 
 Springfield. In later years his old friend Abraham Lincoln made 
 him registrar of the United States land office at Springfield. 
 
 Parmenio Adams was a resident of New York, and one- 
 time member of the Nezv York State Militia, rising from a lieu- 
 tenancy to be first major. He served in the War of 1812 as 
 major and commandant of New York Volunteers, being stationed 
 on the Niagara frontier. He was twice sheriff of Genesee 
 County, and later served as a representative in Congress from 
 New York, his term extending from January 7, 1824 to March 
 3, 1827. He died in 1832 at the age of 56 years. 
 
 The Dedimus Potestatum was a writ commissioning a pri- 
 vate person to execute certain capacities of a judge, in this case, 
 the right to examine a witness. The litigation, as noted else- 
 where, continued over a period of years, and on August 9, 1841, 
 the case was changed to the Cass County Circuit Court by agree- 
 ment of the attorneys for plaintiff and defendant. 
 
 Matthew McNair 1 T A . -, „. . _ 
 
 In the Sangamon Circuit Court 
 
 T a j ' Assumpsit 
 
 James Adams r 
 
 The defendant in the above entitled cause will please take 
 notice, that an the fifteenth day of May, next between the hours 
 of 10 o,clock A. M. and 5 o,clock P. M. of said day, the plaintiff 
 herein, will attend at, and sue out from, the clerk's office, in and 
 for the county of Sangamon, state of Illinois, a dedimus potes- 
 tatum for the purpose of taking the depositions of John Grant 
 Jr and others residing in the state of New York; to be read in 
 evidence in the above entitled cause now pending in said court 
 and that the following interrogations are intended to be put to 
 said witnesses — towit ; 
 
 First — Were you or not acquainted with a man by the name 
 of James Adams, prior to the year 1822? 
 
 Second — Where did said Adams reside when you knew him ? 
 
 Third — Does said Adams still reside there? 
 
UNCOLLECTED WORKS OF LINCOLN 251 
 
 Fourth — When did said Adams leave that country? 
 
 Fifth — Did said Adams leave that country publicly or pri- 
 vately ? 
 
 Sixth — About the time the said Adams left the country, did 
 not his family or friends or both circulate a report that he was 
 drowned ? 
 
 Seventh — State all the particulars, so far as you know, in 
 regard to the general report of the cause and manner o£ the said 
 Adams' leaving the country at that time — 
 
 Eighth — Was or not the said James Adams a reputed brother 
 of one Parmenio Adams, who subsequently was a member of the 
 United States Congress? 
 
 Ninth — Was or not the said James Adams usually called 
 "General Adams"? 
 
 Tenth — Did or not the said James Adams act in the capacity 
 of an officer in the service of the United States during this last 
 war with Great Britain? and particularly, did he not so act at the 
 capture of Oswego by the British during said war? 
 April 13th A. D. 1838— Stuart & Lincoln for Plff 
 
 Executed Apl. 14th 
 1838 on Jas. Adams 
 by delivering a copy 
 
 Service 50 
 
 copy 50 
 
 Travel 6J4 
 
 ritg I2y 2 
 
 $1.18# 
 G. Elkin Shff. S. C. 
 
 STUART AND LINCOLN AGREE ON A CONTINGENT 
 
 FEE. 
 
 The agreement and note here reproduced were drawn by 
 Mr. Lincoln, who spells balance with two I's; but there is no 
 record of hoiv he and his partner fared in their dealings with 
 their Tazewell county client. The original of the agreement with 
 Crain is now owned by Oliver R. Barrett of Chicago. 
 
 Whereas John T. Stuart and Abraham Lincoln have en- 
 gaged as attorneys in my behalf in a cause now pending in the 
 Chancery side of the Tazewell county circuit court in which I 
 am complainant and the heirs of Lewis H. Crain deceased and 
 others are defendants, therefore if I shall succeed to the full 
 
252 UNCOLLECTED WORKS OF LINCOLN 
 
 extent of my claim in said case, I promise to pay them the said 
 Stuart & Lincoln the sum of five hundred dollars, but if I should 
 not succeed in the recovery of the property mentioned in said 
 cause as having been purchased of Peter Menard but shall suc- 
 ceed in the recovery of all the ballance claimed in said cause, 
 then I promise to pay them the said Stuart & Lincoln the sum 
 of three hundred dollars — 
 
 James W. Crain 
 April 20. 1838— 
 
 Tremont, April 20—1838 
 
 Six months after date I promise to pay Stuart & Lincoln 
 twentyfive dollars for value received — 
 
 Jas W. Crain 
 
 DEBATE BETWEEN LINCOLN AND DOUGLAS AT 
 BLOOMINGTON ABOUT MAY 10, 1838. 
 
 During the opening months of 1838 Stuart and Douglas 
 waged a hot fight for a seat in Congress. It had been arranged 
 that they should meet in joint debate at Bloomington during the 
 spring session of the McLean Circuit Court, but Stuart fell ill 
 and Mr. Lincoln took his partner's place. Although there is no 
 record of what passed between Lincoln and Douglas on this oc- 
 casion, one of those who listened to their debate was Henry 
 Stevens, then a twenty-one year old stage driver, who long after- 
 wards in a letter published in the Bloomington Pantagraph on 
 March 12, 1898, recorded his memories of an encounter of sharp 
 contrasts between two present and future rivals. Mr. Stevens, 
 then in his eighty-second year, wrote in part : 
 
 "The old court house is stamped in my memory by its being 
 the theatre of the first contest that I witnessed between Abraham 
 Lincoln and Stephen A. Douglas, who subsequently became so 
 distinguished, the occasion being the canvass for Congress of 
 Douglas & Stewart, Mr. Lincoln having taken the place of the 
 latter on account of illness 
 
 "The farmers from the surrounding country had come in 
 (mostly horseback) to hear the debate, and they, with the citizens, 
 gathered on the corner of Main and Front streets (opposite 
 Gridley & Covell's store) and after a preliminary stand up fight 
 (in words) between the Little Giant and David Davis, all with 
 one accord, followed their leaders to the court house. I shall 
 never forget the enthusiasm of the crowd when these giants in 
 debate took the judge's seat, and each in turn (as had been ar- 
 
UNCOLLECTED WORKS OF LINCOLN 253 
 
 ranged) addressed the audience in half hours alternately, Whigs 
 and Democrats applauding vociferously as their leaders made a 
 score. There was then a more marked difference in the size of 
 the two men than in later years. Douglas had not attained his 
 full stature and tried to make up for it by wearing a tall bell 
 crowned hat which was then worn to some extent." 
 
 Four days after Mr. Lincoln met Douglas in Bloomington, 
 on May 14, 1838 at Philadelphia in the presence of a mixed 
 assembly of whites and blacks, Angelina Grimke, who a few 
 years before had left a Quaker household in South Carolina to 
 preach the freedom of the slave in the North, became the wife 
 of Theodore D. Weld. The Welds, zvhich the belated discovery 
 in a New England attic in 1930 of the letters which had been 
 a part of their courtship, instantly won for them a place among 
 the great lovers of history, passed their honeymoon in a New 
 Jersey village they had chosen for it, and during the remainder 
 of the year 1838 the husband, aided by his wife and her sister 
 Sarah, wrote his devastating tract Slavery As It Is, which re- 
 mained for two decades the favorite text-book of anti-slavery 
 workers. Abraham Lincoln of Springfield may or may not have 
 read Slavery As It Is; but we know that a copy of it fell into 
 the hands of a young housewife and mother of Cincinnati, Har- 
 riet Beecher Stowe by name, who later declared that she had 
 found in it motive and material for her Uncle Tom's Cabin. And 
 be it noted, in passing that Mrs. Stowe's story was first published 
 in the National Era, a Washington journal which had for its 
 editor Dr. Gamaliel Bailey, one of Theodore Weld's early con- 
 verts to abolitionism. 
 
 BOND FOR COSTS IN THE SUIT OF NOE VS. 
 
 CUNNINGHAM, MACON CIRCUIT COURT, 
 
 MAY 14, 1838 
 
 (Lincoln National Life Foundation 
 
 The bond here reproduced was penned by Attorney Lincoln, 
 and signed by Findly. Cover notations for the case are the work 
 of the clerk. It will be noted that the bond does not reveal the 
 use of extra spaces which later became characteristic of the Lin- 
 coln legal papers. Case records for these recently -unearthed 
 documents in the files of the Macon Circuit Court have not been 
 made available; so the cause and result of this case are as yet 
 unknown. 
 
254 UNCOLLECTED WORKS OF LINCOLN 
 
 Littleberry Noe ] 
 
 vs J- In the Macon county 
 
 James Cunningham] circuit court 
 
 I do hereby enter myself security for costs in this case and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or to 
 any of the officers of this court in pursuance of the laws of this 
 state — 
 Dated this 14th day of May A D 1838— 
 
 Jasafindly 
 Noe 
 vs 
 Cunningham 
 
 Filed 14th May 1838 
 
 H McGorin elk 
 
 AFFIDAVIT OF ADAMS IN THE SUIT OF McNAIR VS. 
 ADAMS, JUNE 13, 1838 
 (Herndon-Weik Collection) 
 
 This affidavit and cover notations down to the word, 
 "Affdt", are in the hand of Samuel H. Treat. James Adams 
 signed the affidavit with a flourish of his pen, and a signature 
 that is full of superfluous lines. Clerk Butler penned the date 
 of filing, while Eastham wrote the note upon the affidavit being 
 sworn before him. Samuel H. Treat, who drew the affidavit, 
 was an able lawyer and jurist. He settled in Springfield in 
 1834 and in 1839 was appointed judge of the State Circuit Court, 
 being transferred in 1841 to the State Supreme Court. He was 
 chief justice of the Illinois Supreme Court in 1848. President 
 Pierce appointed him United States judge for the Southern Dis- 
 trict of Illinois, a place he held until his death, in Springfield in 
 1887, at the age of seventy-six years. The affidavit which he 
 drew is included as part of a long drawn out case, and to give 
 continuity to a study of it. 
 
 Matthew McNair 1 
 
 vs j- In the sangamon circuit court 
 
 James Adams 
 
 James Adams the Defendant in the above entitled cause, 
 being duly sworn saith that he intends taking the depositions of 
 William Arabel Hale, John McFadden, Mary McFadden, Ernest 
 
UNCOLLECTED WORKS OF LINCOLN 255 
 
 C. Schryder & Hurd to be read as Evidence on the 
 
 trial of this cause. That said individuals reside in the county of 
 Peoria & State of Illinois — 
 
 Jas Adams 
 Sworn to before me 
 this 13 June 1838 
 
 M Eastham J. P. 
 Adams 
 advs. 
 McNair 
 
 Affdt. 
 
 Filed June 13, 1838 
 
 Wm Butler ck 
 
 DECLARATION OF PLAINTIFF IN THE SUIT OF 
 
 McNAIR VS. ADAMS, JUNE 19, 1838 
 
 (Herndon-Weik Collection) 
 
 This deelaration, quoted notes, and cover notations were 
 
 penned by Mr. Lincoln, with the exception of the date of filing, 
 
 and the concluding notations of "July /41" and "Assumpsit." 
 
 The last appear to be later notations by another hand. The copy 
 
 of Adams' signature is distinctly the work of Mr. Lincoln, and 
 
 he imitates it to the point of enclosing it in the needless frame 
 
 -of flourishes used by the "General." The words enclosed in 
 
 parentheses, and parts of words so enclosed, are due to fading 
 
 of the ink and torn places in this legal paper. The ivords are 
 
 filled from a context of legal documents of this nature. 
 
 When Mr. Lincoln drew and filed this declaration in Spring- 
 field in the House at Washington the veteran John Quincy Adams 
 had just begun a historic address on the right of petition and 
 freedom of speech, he was not to conclude until July 7. It is 
 safe to assume that when in due course the text of it reached 
 Springfield it helped not a little to the political thinking along 
 right lines of Abraham Lincoln. 
 
 of the July Term of the San- 
 State of Illinois ( gamon county circuit court in 
 Sangamon county & Circuit \ the year of our Lord one thou- 
 sand eight hundred and thirty- 
 eight — 
 Matthew McNair, plaintiff, complains of James Adams de- 
 fendant, being in custody &c. of a plea of Tresspass on the case 
 upon promises : For that whereas the said defendant and one 
 
256 UNCOLLECTED WORKS OF LINCOLN 
 
 Wight and one Grant, heretofore, towit on the seventeenth day 
 of November in the year of our Lord one thousand eight hundred 
 and seventeen at Oswego that is to say at the county and circuit 
 court aforesaid, made their certain promissory note in writing 
 the said defendant signing his name Jas Adams bearing date the 
 same day and year aforesaid, and by the said promissory note 
 they the said defendant, and the said Wight, and said Grant, 
 jointly and severally promised to pay, one year after date thereof, 
 to the said plaintiff or bearer, one hundred and eighty dollars 
 with interest from the first day of March (then) last (past) ; 
 and the said defendant, and the said Wight and said Grant then 
 and there delivered the said promissory note to the said plaintiff 
 — By means whereof, and by force of the statute in such case 
 made and provided, the said defendant then and there became 
 liable to pay to the said plaintiff the said sum of money in the 
 said promissory note specified, together with interest as therein 
 mentioned according to the tenor and effect of the said promis- 
 sory note ; and being so liable, he, the said defendant in consid- 
 eration thereof, afterwards towit, on the day and [ye]ar afore- 
 said, at Oswego, that is to say at the county [an]d Circuit afore- 
 said, undertook, and then and there faithfully promised the said 
 plaintiff to pay him the said sum of money in the said promissory 
 note specified, together with interest as therein specified accord- 
 ing to the tenor and effect thereof — 
 
 And for that whereas also the said defendant, and one Wight 
 and one Grant, afterwards towit, on the same day and year afore- 
 said, at Oswego, that is to say, at the county and circuit afore- 
 said, made their certain other promissory note in writing (the 
 said defendant signing his name thus "J as Adams") bearing 
 date the same day and year aforesaid, and by the said last men- 
 tioned promissory note they, the said defendant and the said 
 Wight and said Grant, jointly and severally promised to pay, two 
 years after the date thereof to the said plaintiff or bearer, one 
 hundred and eighty five dollars, with interest from the first day 
 of March (then) last (past) ; and the said defendant and the said 
 Wight and said Grant then and there delivered the said last 
 mentioned promissory note to the said plaintiff — By means 
 whereof and by force of the statute in such case made and pro- 
 vided, the said defendant then and there became liable to pay to 
 the said plaintiff the said sum of money in the said last men- 
 tioned promissory note specified, with interest thereon as therein 
 specified according to the tenor and effect of the said last men- 
 
UNCOLLECTED WORKS OF LINCOLN 257 
 
 tioned promissory note; and being [so] liable, he the said de- 
 fendant in consideration thereof, afterwards towit on the day and 
 year aforesaid, at Oswego, that is to say at the county and Cir- 
 cuit aforesaid, undertook, and then and there faithfully promised 
 the said plaintiff to pay him the said sum of money in the said 
 last mentioned promissory note specified, according to the tenor 
 and effect thereof — 
 
 Nevertheless the said defendant, and the said Wight and 
 the said Grant, nor any or either of them (although often re- 
 quested so to do; and although the said sever [al] times when 
 the said several sums of money in the [said] several promissory 
 notes specified were to be be paid, [have] long since expired) 
 have not as yet paid the said several sums of money in the said 
 several promissory notes specified, or either of them or any part 
 of either of them; but so to do, have hitherto wholly neglected 
 and refused, and still do neglect and refuse : To the Damage of 
 the said plaintiff of the sum of one thousand dollars ; and there- 
 fore he brings his suit &c. 
 
 Stuart & Lincoln 
 for Plff 
 
 The following are copies of the instruments declared on: 
 (Copy of note mentioned in first count) 
 
 "$180.00 Oswego Novr. 17th 1817 
 
 Jointly and severaly we promise to Pay Matthew 
 McNair or Bearer one hundred and eighty dollars 
 one year after date with interest from the first day 
 of March last as witness our hands 
 Jas Adams 
 
 Wight & Grant" 
 (Copy of note mentioned in second count) 
 
 185.00 Oswego Novr. 17th 1817 
 
 Jointly and severaly w[e] promise to pay Matthew McNair 
 or Bearer one hundred and eighty five Dollars two years after 
 date with interest from the first Day of March last as witness 
 our hands 
 
 Jas Adams 
 Wight & Grant" 
 4 
 
258 UNCOLLECTED WORKS OF LINCOLN 
 
 Matthew McNair 
 
 ) 
 
 vs y Declaration 
 
 J 
 
 James Adams 
 
 Filed June 19th 1838 
 Wm Butler Clk 
 
 July /41 
 Assumpsit 
 
 PRAECIPE, BOND FOR COSTS AND DECLARATION 
 
 OF PLAINTIFF IN SUIT OF HARWOOD VS. 
 
 FORSYTHE AND BUCKNER, JUNE 19, 1838 
 
 (Herndon-Weik Collection) 
 
 This praecipe and bond for costs were penned by Abraham 
 Lincoln, the bond being signed by Rankin. The cover notation, 
 (( The clerk of the circuit court of Morgan County, Jacksonville, 
 Ills.," is in the hand of Lincoln. The words, "Paid", and "Spring- 
 field 11 Jun 19," are stamped on the cover, zvhile other notations 
 are in the hand of Clerk Rockwell. The cover notations in the 
 declaration here reproduced are also in the hand of Rockwell, 
 while the declaration and copy of the note were penned by Attor- 
 ney Lincoln. In line seven, Mr. Lincoln joined the words, "day 
 and," as he so frequently joined such words "as thirtyeight." This 
 case was decided on October 26, 1838 when Stuart & Lincoln 
 obtained a judgment by default of $508.27 for their client, Lil- 
 burn Harwood. 
 
 Lilburn Harwood 
 vs 
 Newton Forsythe & 
 Aylett H. Buckner 
 trading under the name 
 style and firm of 
 "Forsythe & Buckner" 
 
 Trespass on the case upon 
 promises — 
 Damage—- $600— 
 
 The clerk of Morgan County circuit court will issue process 
 in the above case returnable to the text term of said court. 
 
 Stuart & Lincoln for 
 Plaintiff 
 
UNCOLLECTED WORKS OF LINCOLN 259 
 
 In Morgan Circuit Court — 
 
 Lilburn Harwood 
 
 vs 
 Newton Forsythe & 
 Aylett H. Buckner 
 
 I do hereby enter myself security for costs in this cause, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or 
 to any of the officers of the court in pursuance of the laws of 
 this state. 
 
 N. A. Rankin 
 
 Dated this 18th day of June A. D. 1838 
 L. Harwood 
 
 vs 
 Forsythe & Buckner 
 
 Precipe & Bond for 
 Cost 
 
 Filed June 19th 
 1838 
 D. Rockwell 
 Clk 
 Paid 
 The clerk of the circuit court 
 of Morgan county 
 Jacksonville 
 Ills. 
 Springfield II 
 Jun 
 19 
 
 State of Illinois ] Of the July term of the Morgan county 
 Morgan County & Us circuit court in the year one thousand 
 Circuit eight hundred and thirtyeight 
 
 Lilburn Harwood, plaintiff, complains of Newton Forsythe 
 and Aylett H. Buckner defendants being in custody &c of a plea 
 of Trespass on the case upon promises : For that whereas the said 
 defendants by and under the name style and firm of "Forsythe 
 & Buckner," heretofore towit, on the twentyninth day of March 
 in the year of our Lord one thousand eight hundred and thirtysix, 
 at Philadelphia, that is to say, at the county and circuit aforesaid, 
 made their certain promissory note in writing bearing date the 
 
260 UNCOLLECTED WORKS OF LINCOLN 
 
 day and year aforesaid, and thereby then and there promised to 
 pay six months after the date thereof, to the order of the plain- 
 tiff, by the name of "L. Harwood" the sum of four hundred and 
 fifty two dollars, without defalcation, for value received, and then 
 and there delivered the said promissory note to the said plaintiff; 
 by means whereof, and by force of the statute in such case made 
 and provided the said defendants then and there became liable to 
 pay to the said plaintiff the said sum of money in the said promis- 
 sory note specified according to the tenor and effect of the said 
 promissory note: and being so liable, they, the said defendants in 
 consideration thereof, afterwards towit, on the day and year 
 aforesaid, at the place aforesaid, undertook and then and there 
 faithfully promised the said plaintiff to pay him the said sum 
 of money in the said promissory note specified according to the 
 tenor and effect thereof — 
 
 Yet the said defendants (although often requested sotodo) 
 have not as yet paid to the plaintiff the said sum of money in the 
 said promissory note specified, or any part thereof ; but so to do 
 have hitherto wholly neglected and refused, and still do neglect 
 and refuse. To the damage of the said plaintiff of the sum of 
 six hundred dollars, and therefore he brings his suit &c. 
 
 Stuart &Lincoln for 
 Plaintiff 
 
 The following is a copv of the note sued on: 
 "$452. Philadelphia, March 29th 1836 
 
 Six months after date we promise to pay to the order of 
 L. Harwood without defalcation, Four hundred and Fifty two 
 Dollars #/100 for value received. 
 
 Forsythe &Buckner 
 
 143 No 269 
 
 Lilburn Harwood 
 
 vs 
 Forsythe & Buckner 
 
 Declaration 
 
 Filed June 19" 1838 
 D Rockwell elk 
 
UNCOLLECTED WORKS OF LINCOLN 261 
 
 BILL IN CHANCERY AND BOND IN THE SUIT OF 
 
 CROW & COMPANY VS. GARRETT, SANGAMON 
 
 CIRCUIT COURT, JUNE 19, 1838 
 
 ( Herndon-Weik Collection) 
 
 This bill in chancery and bonds are entirely the production 
 of Mr. Lincoln. At the conclusion of the bill the usually careful 
 young attorney slipped into error by asking that, "your orator 
 will grant such other and further relief," when he meant "your 
 Honor." It is not recorded that the judicial dignity was assailed 
 by such an oversight upon the part of Lawyer Lincoln. 
 To the Honorable the Judge of the Sangamon circuit 
 court in Chancery sitting — 
 
 Humbly complaining shew unto your Honor your orators, 
 Edmund Crow, Joshua Tevis, and James W. Brannan, merchants 
 and partners trading and doing business under the firm style 
 and partnership name of Edmund Crow & Co. that Alexander 
 Garrett on the sixth day of December in the year of our Lord 
 one thousand eight hundred and thirtysix, made, executed, and 
 delivered to your orators, the mortgage deed which is herewith 
 filed, marked (A.) and which your orators pray may be made 
 part of this Bill. 
 
 They further state that although the time for the payment 
 of the money due upon the promissory note mentioned in said 
 mortgage deed has expired, the said sum of money has not as 
 yet been paid or any part thereof — 
 
 In tender consideration of which premises, your orators 
 pray that the said Alexander Garrett may be made defendant to 
 this Bill ; and that the People's writ of Subpoena may issue &c ; 
 and that on a final hearing of this cause your Honor will decree 
 that the lands mentioned in said mortgage deed be sold to satisfy 
 said debts ; and that your orator will grant such other and further 
 relief as Equity may require and as in duty bound &c. 
 
 Stuart & Lincoln for 
 Complainants — 
 
 I do hereby enter myself security for all costs to the opposite 
 party or any of the officers of this cause. 
 
 A. Lincoln. 
 
 DECLARATION OF PLAINTIFF IN SUIT OF 
 
 STOCKTON VS. TOLLY, JUNE 28, 1838 
 
 (Herndon-Weik Collection) 
 
 The declaration and cover notations in this case were penned 
 
 by Lawyer Lincoln. The date of filing is in the hand of Butler. 
 
262 UNCOLLECTED WORKS OF LINCOLN 
 
 Stuart and Lincoln filed a rejoinder to the plea of the defendant 
 on July 15, 1839, and a final decision was reached on November 
 28, 1839 when the case was dismissed with costs assessed against 
 Tolly, the client of Stuart & Lincoln. Two days after this dec- 
 laration was filed candidates for the Legislature addressed the 
 voters at Water's Camp Ground four miles west of Springfield. 
 It is probable that one of the speakers at this rally was Mr. Lin- 
 coln who on February 24, 1838, had caused the Sangamo Journal 
 to announce that he was again a candidate for the Legislature. 
 
 State of Illinois Of the July term of the circuit court 
 
 Sangamon county V of said county in the year of our Lord 
 and circuit 1839 — 
 
 George W. Stockton plaintiff complains of James Tolly de- 
 fendant, being in custody &c. of a plea of Trespass on the case — 
 For that whereas the said defendant before and at the time of 
 the delivery of a certain cooking stove to him, as hereinafter 
 next mentioned, was a common carrier of goods and chattels for 
 him from Beardstown to Springfield towit, at the county and 
 circuit aforesaid. And whereas also the said plaintiff whilst the 
 said defendant was such a common carrier as aforesaid, towit, 
 on the day of in the year of our Lord 
 
 one thousand eight hundred and thirtyseven at Beardstown, towit 
 at the county and circuit aforesaid, caused to be delivered to him 
 the said defendant, and the said defendant then and there ac- 
 cepted and received of and from the said plaintiff a certain cook- 
 ing stove of the said plaintiff of great value, towit of the value 
 of one hundred dollars to be safely and securely carried and 
 conveyed by him the said defendant from Beardstown aforesaid 
 to Springfield aforesaid, and there towit, at Springfield aforesaid, 
 safely and securely to be delivered for the said plaintiff for cer- 
 tain reasonable reward to him the said defendant in that behalf — 
 Yet the said defendant, not regarding his duty as such common 
 carrier as aforesaid, did not, nor would safely or securely carry 
 or convey the said cooking stove aforesaid, from Beardstown 
 aforesaid to Springfield aforesaid, nor there, towit, at Spring- 
 field aforesaid, safely or securely deliver the same for him the 
 said plaintiff; but on the contrary thereof, he the said defendant 
 being such common carrier as aforesaid, so carelessly and neg- 
 ligently behaved and conducted himself in the premises, that by 
 and through the carelessness, negligence, and default of the said 
 defendant in the premises, the said cooking stove, being of the 
 value aforesaid, was broken, destroyed, and rendered wholly 
 
UNCOLLECTED WORKS OF LINCOLN 263 
 
 valueless, towit, on the day and year aforesaid, at the county 
 and circuit aforesaid — 
 
 Wherefore the said plaintiff saith that he is injured and 
 hath sustained damage to the amount of one hundred dollars, 
 and therefore he brings his suit &c. 
 
 Stuart & Lincoln p q 
 George W. Stockton 
 
 l 
 
 vs J- Decln 
 
 J 
 
 James Tolly 
 Filed June 28, 1838 
 Wm Butler clerk 
 
 NOTICES FOR TAKING DEPOSITIONS IN THE SUIT 
 OF McNAIR VS. ADAMS, JUNE 13 AND JUNE 29, 1839 
 (Herndon-Weik Collection) 
 The first of the notices here reproduced was drawn by 
 Samuel H. Treat, and the only words in the hand of Mr. Lin- 
 coln are those acknowledging service of notice. He signed "Stu" 
 apparently as an abbreviation of Stuart. The second notice does 
 not appear to be in the hand of Mitchell, the clerk of Peoria, or 
 of John or George McFadden. It is not in the hand of Butler 
 or Lincoln, and may have been penned by a clerk at Peoria, and 
 signed by Adams. It is the notice to be annexed to the deposi- 
 tions of John and Mary McFadden, and Ernest Schryder. It is 
 placed for this reason as of June 2&th or 29th, 1838, but the date 
 may be earlier. It is slightly different in form, but not in con- 
 text from the first notice. 
 
 Messrs Stuart & Lincoln 
 Attorneys of Matthew McNair 
 
 Gentlemen — You will please take notice, that on the twenty 
 Eighth day of June 1838 between the hours of one oclock P. M. 
 & Six oclock P. M. of that day. at the house of William Hale 
 in the county of Peoria & State of Illinois, before Andrew M. 
 Hunt Esq. a Justice of the Peace in & for said county of Peoria, 
 I shall proceed to take the depositions of William Hale. & Arabel 
 Hale & others to be read as Evidence on the trial of a cause now 
 pending & undetermined in the Sangamon circuit court, wherein 
 the said Matthew McNair is Plaintiff & I am Defendant. 
 
 You will further take notice that on the 29th day of June 
 1838 between the hours of one oclock P. M. & Six oclock P. M. 
 
264 UNCOLLECTED WORKS OF LINCOLN 
 
 of that day. at the house of John McFadden in the said county 
 of Peoria, before Thomas Tickner a Justice of the Peace for the 
 same county, I shall proceed to take the depositions of John 
 
 McFadden, Mary McFadden, Ernest C. Schryder & 
 
 Hurt. & others to be read as Evidence in the aforementioned suit 
 in the same manner. 
 
 Jas Adams 
 June 14th 1838 
 
 We acknowledge the service of this notice this 
 13th of June 1838 Stu 
 
 Messrs Stuart and Lincoln 
 Attorneys of Matthew McNair 
 
 Gentlemen you will please take notice that on the 28th day of 
 June 1838 between the hours of One Oclock P. M. and Six 
 oclock P. M. of that day at the house of William Hale in the 
 County of Peoria and State of Illinois before Andrew M. Hunt 
 Esqr a Justice of the Peace in and for said County of Peoria 
 I shall proceed to take the depositions of William Hale & ArabeL 
 Hale & others to be read as Evidence in the trial of a cause now 
 pending and undetermined in the Sangamon Circuit Court 
 wherein the said Matthew McNair is Plaintiff and I am defen- 
 dant. 
 
 You will also further take notice that on the 29th day of 
 June 1838, between the hours of one oclock P. M. and Six 
 oclock P. M. of that day at the house of John McFadden in the 
 said County of Peoria before Thomas Tickner a Justice of the 
 Peace for the same county I will proceed to take the Depositions 
 of John McFadden Mary McFadden Ernest C. Schryder & 
 Hurd and others to be read as Evidence in the afore- 
 mentioned suit in the same manner — 
 
 Jas Adams 
 
 DEPOSITIONS IN THE SUIT OF McNAIR 
 VS. ADAMS, JUNE 29, 1838 
 (Herndon-Weik Collection) 
 These depositions, as noted in the statement of Thomas 
 Ticknor, are in the hands of George C. McFadden and John Mc- 
 Fadden. The latter appears to have zvritten the statement of 
 Justice of the Peace Ticknor, which was signed in a large scrawl 
 by that official. The document attested by Mitchell is a printed 
 form, which he filled in and signed. The cover notations con- 
 
UNCOLLECTED WORKS OF LINCOLN 265 
 
 cerning the case, appear to be in the hand of John McFadden. 
 He seems also to have penned the address upon the envelope or 
 cover which was sent to Butler, with the exception of William 
 Butler. These two words appear to be in the hand of William 
 Mitchell, the clerk at Peoria. The date of filing is in the well- 
 known hand of Clerk Butler. The answers and questions in 
 these depositions, it will be seen, relate closely to the set of in- 
 terrogatories drawn by Mr. Lincoln in his notice of taking of 
 depositions dated April 13, 1838. 
 
 Deposition of John McFadden Mary McFadden & Earnest 
 C. Shryder of the County of Peoria taken on the 29th day of 
 June in the year 1838 between the hours of one oclock P. M. and 
 Six oclock P. M. of Said day at the house of John McFadden 
 pursuant to the anaxed notice, to be read in evidence in a cause 
 pending in the Sangamon Circuit court between Matthew McNair 
 plaintiff and James Adams Defendant. 
 
 The said John McFadden being first sworn doth depose and 
 say in answer to the following questions 
 
 Ques. 1st Are you acquainted with James Adams late of 
 Oswego New York, known by the title of General Adams, if so 
 when did you first become acquainted with him, and up to what 
 time were you acquainted with him. 
 
 Answer I became acquainted with him in the winter of 1812 
 and my acquaintance with him continued up to the year 1820. 
 
 Ques. 2nd Did he remove from Oswego to Illinois. 
 
 Ans. I was acquainted with him in Oswego and next saw 
 him in Illinois and I understood that he had removed to Illinois 
 at the time of his removal from Osewgo. 
 
 Ques. 3rd When did he leave Oswego for Illinois. 
 
 Ans. From the best of my recollection it was in the Spring 
 or Summer of 1820. 
 
 Quest 4th Was his intended departure for Illinois a matter of 
 publicity. 
 
 Ans. Yes. I frequently and publickly heard it spoken of at 
 Oswego Haniball and Sterling, by himself and others. 
 
 Quest 5th Was it subsequently a matter of Publisity that he 
 had — Settled in Illinois. 
 
 Ans. Yes. I have heard it frequently spoken of in publick, 
 by Asa Dudley. Mathew McNair James F Wight Alvin & Ed- 
 ward Bronson. William Dolloway & others. 
 
 Quest 6 Did McNair speak of it as a matter of publick 
 notoriety. 
 
266 UNCOLLECTED WORKS OF LINCOLN 
 
 Ans Yes. he mentioned it publickly in the street in the Vilage 
 of Oswego. 
 
 Quest 7 Did you ever hear McNair say that Adams was in- 
 detted to him the said McNair. 
 
 Ans Not that I recollect. 
 
 Quest 8 Did you serve as an officer during any part of the 
 late war with Great Britain. 
 
 Ans I did 
 
 Quest 9th Was you at any time attacht to the command of 
 said Adams 
 
 Ans. I was at the action of the capture of Oswego as I 
 volunteered and was there attached to his command 
 
 Quest 10 Did you see McNair at Oswego at that or any 
 other time 
 
 Ans. I saw him there on the day of the capture of Oswego, 
 and also on the day previous and frequently from that time up 
 to the year 1835. 
 
 Quest 11 Do you know whether he acted as issuing Commis- 
 sary at that time 
 
 Ans. He delt out provisions to this company which I had in 
 command, and also to the other troops, on the west side of the 
 river 
 
 Quest 12 Did you hear McNair say he would rather have 
 the British come to Oswego than to have the Malitia come there? 
 
 Ans. Yes, I heard him say he would rather have the british 
 come to Oswego than the d — d Malitia 
 
 Quest 13 Did McNair ever refuse to Issue to the men under 
 your command, holesom provisions, and had he at the same time 
 salted provisions on hand 
 
 Ans. Yes. The beef he dealt out was damaged, and I re- 
 quested him at the same time to let the troops have pork and he 
 refused and he had at the same time a large quantity of pork in 
 Barrels. 
 
 Jno. McFadden 
 
 The Said Ernist C. Schryder being first Sworn doth depose 
 and say in Answer to the following questions. 
 
 question 1st are you acquainted with James Adams late of 
 Oswego New York known by the title of General Adams if so 
 how long have you been acquainted with him. 
 
 Answer I am. I was acquainted with him during the Em- 
 bargo time and nonimportation. Nonintercourse and in the late 
 
UNCOLLECTED WORKS OF LINCOLN 267 
 
 war with great Britton and was under his Command at the Re- 
 pulse of the Britich and at Oswego at the Capture of Oswego. — 
 
 Que. 2 was the said Adams then and there an Officer in the 
 United States Service — 
 
 Answer he was then in command in the United States Service 
 
 question 3d. Do you know that he subsequently went to the 
 State of Illinois 
 
 Answer. Yes. 
 
 questn 4th. did you Ever hear any person say in New York 
 that said Adams absconded or left Newyork privately. — 
 
 Answer I did not 
 
 questn 5th did you frequently see and Converse with Mat- 
 thew McNair of Oswego from the late war up to May in the 
 year 1837. 
 
 Answer I did and during that time done a great deal of 
 Business with him 
 
 question 6th Did you Ever hear him say said Adams was 
 indebted to him 
 
 Answer I never did 
 
 question 7th. was or was not Matthew McNair much in the 
 habit in case any person was indebted to him of speaking of it 
 to those with whom he conversed and done Business. 
 
 Answer he was 
 
 Ernest C. Schryder — 
 
 The said Mary McFadden being first Sworn doth depose and 
 say in Answer to the following questions. — 
 
 question 1st. are you acquainted with James Adams late of 
 Oswego — known by the title of General Adams — if so State how 
 long you are acquainted with him. — 
 
 Answer I was acquainted with him from the fourth of July 
 1816. to the time he left Oswego for Illinois — 
 
 question 2nd do you know Whether it was Spoken of as a 
 matter of Publicity before he left Oswego for Illinois that he 
 was going to Illinois. — 
 
 Answer I frequently and Publickly heard it Spoken of both 
 before and after his departure 
 
 question 3d. did you Ever hear any person Speak of his 
 departure as having been Secret or Unknown to the Public. — 
 
 Answer I never did. but always heard it Spoken of as a 
 matter of Publicity 
 
 Marv McFadden 
 
268 UNCOLLECTED WORKS OF LINCOLN 
 
 State of Illinois [ 
 Peoria County ss. \ 
 
 I. Thomas Tickner Justice of the peace, do hereby Certify, 
 that John McFadden. Ernist C. Schryder and Mary McFad- 
 den was by me Sworn to testify the truth, the whole truth and 
 nothing but the truth, as witnesses in the above named Cause 
 and that the foregoing by them Severally Subscribed was reduced 
 to writing in my presents. Viz. that of John McFadden by 
 George C. McFadden and that of Ernist C. Schryder and Mary 
 McFadden. by John McFadden being both disinterested persons, 
 and taken at time and place in the annexed notice Specified. — 
 
 Thos Ticknor J. Peace 
 State of Illinois, J 
 
 Peoria County ( 
 
 I, William Mitchell, Clerk of the county commissioner's 
 court, for said county, do hereby certify, that Thomas 
 Ticknor Esquire, whose name appears in the foregoing 
 
 certificate, was, on the day of the date thereof, an acting Justice 
 of the Peace, in and for the county aforesaid, duly commissioned 
 and qualified, as it appears to me of record in my office; and that, 
 as such, full faith and credit are due to all his official acts. 
 
 In Testimony Whereof, I have hereunto set my hand, and 
 affixed the seal of said Court, at Peoria this Twenty ninth day 
 of June 1838 
 
 William Mitchell Clerk 
 Sangamon Circuit Court 
 
 Matthew McNair 
 vs 
 
 James Adams. — 
 
 Depositions enclosed. — 
 
 William Butler Esquire Clerk 
 Sangamon Circuit Court. — 
 Springfield. Illinois. — 
 Filed July 2 1838 
 Wm Butler Clk 
 
 PLEA OF DEFENDANT IN SUIT OF McNAIR VS. 
 
 ADAMS, JULY 2, 1838 
 
 (Herndon-Weik Collection) 
 
 These pleas are in the handwriting of Samuel Treat, and 
 
 Abraham Lincoln has penned the words, "And the said plow tiff 
 
In the Sangamon Circuit Court. 
 In assumpsit 
 
 UNCOLLECTED WORKS OF LINCOLN 269 
 
 doth the like — Stuart & Lincoln for Plff" at the conclusion of 
 the first plea. The "1st Plea;' "2nd," "3rd," "4th" and "5th," 
 before each plea are in the hand of Lincoln. The cover notations 
 are by Treat, with the exception of the date of filing. Despite the 
 contention of Treat and Campbell that no cause for suit existed, 
 if ever it had, the litigation continued for several years, indicat- 
 ing that Stuart & Lincoln made out a good case before the court. 
 
 James Adams 
 adm. 
 Matthew McNair 
 
 And the said Defendant by his attorney comes & defends 
 the wrong & injury when. &c. & saith that he did not undertake 
 or promise in the manner & form, as the said Plaintiff, hath 
 above thereof alledged against him & of this he puts himself 
 upon the country. 
 
 Treat & Campbell 
 
 For Deft. 
 And the said plaintiff doth 
 the like — Stuart & Lincoln 
 
 for Plff 
 2nd 
 
 And for a further Plea in this behalf the said Defendant, 
 saith that the said Plaintiff ought not to have or maintain his 
 aforesaid action thereof against him, because he saith, that he 
 the said Defendant, did not at any time with in five years next, 
 before the commencement of this suit, undertake or promise in 
 manner & form as the said Plaintiff hath above thereof alleged 
 against him. And this the said Defendant is ready to verify, 
 wherefore he prays Judgment of the said Plaintiff Ought to 
 have or maintain his aforesaid action thereof against him. &c. 
 
 Treat & Campbell 
 
 For Deft. 
 3rd 
 
 And for a further Plea in this behalf, the said Defendant 
 saith that the said Plaintiff, ought not to have or maintain his 
 aforesaid action thereof against him. because he the said De- 
 fendant saith. that the said several supposed causes of action in 
 the said Plaintiffs declaration mentioned, (if any such there were 
 or still are), did not. nor did Either of them accrue to the said 
 Plaintiff at any time within five years next before the commence- 
 ment of this suit, in manner & form as the said Plaintiff hath 
 above thereof alleged against him the said Defendant. And this 
 
270 UNCOLLECTED WORKS OF LINCOLN 
 
 the said Defendant is ready to verify, wherefore he prays Judge- 
 ment, of the said Plaintiff ought to have or maintain his afore- 
 said action thereof against him, &c. 
 
 4th 
 
 Treat & Campbell 
 For Defendant 
 
 And for a further Plea in this behalf the said defendant 
 saith that the said Plaintiff ought not to have or maintain his 
 aforesaid action thereof against him., because he the said De- 
 fendant saith. that the said Plaintiff did not commence his suit 
 within five years next after the said several supposed causes of 
 action in the said Plaintiffs declaration mentioned, accrued & this 
 the said Defendant is ready to verify, wherefore he prays Judge- 
 ment if the said Plaintiff, ought to have or maintain his afore- 
 said action thereof against him &c. 
 
 Treat & Campbell 
 
 For Deft. 
 
 5th 
 
 And for a further Plea in this behalf the said Defendant 
 saith, that the said Plaintiff ought not to have or maintain his 
 aforesaid action thereof against him. because he the said De- 
 fendant, saith. that the said several supposed causes of action 
 in the said Plaintiffs Declaration mentioned, if any, accrued on 
 the Seventeenth day of November Eighteen hundred & nineteen, 
 & that the said Plaintiff did not commence his said suit until the 
 day of 1838. And of this the said Defendant 
 
 is ready to verify, wherefore he prays Judgement if the said 
 Plaintiff ought not to have or maintain his aforesaid action 
 against him &c. 
 
 Treat & Campbell 
 
 For Deft. 
 
 Adams 
 
 ads 
 McNair 
 
 Pleas. 
 Filed July 2 1838 
 Wm. Butler Clk 
 
UNCOLLECTED WORKS OF LINCOLN 271 
 
 BILL IN CHANCERY IN THE SUIT OF HART VS. 
 
 SACKETT ET AL, JULY 3, 1838 
 
 (Herndon-Weik Collection) 
 
 This bill and cover notations, with the exception of the date 
 
 of filing, were penned by Mr. Lincoln, who in various ways 
 
 evinced unusual interest in the litigation in which his client was 
 
 involved as the widow of Moses Hart. 
 
 Rhoda Hart 
 
 1 
 
 vs \ Bill 
 
 J 
 
 John Sackett & others 
 
 Filed July 3, 1838 
 Wm Butler Clk 
 
 To the Honorable the Judge of the Sangamon circuit court 
 in chancery sitting — 
 
 Humbly sheweth unto your Honor your oratrix, Rhoda 
 Hart Executrix of Moses Hart deceased, that at the last October 
 term of this court an order was made by this court directing 
 your oratrix to sell the real estate of the said Moses Hart de- 
 ceased; that in obedience to the said order your oratrix has sold 
 and conveyed the said real estate aforesaid in the parcels and 
 to the persons following, towit; The West half of the South 
 West quarter of Section Twentyfour in Township Seventeen 
 North of Range Seven West, reserving therefrom one eighth of 
 an acre containing a burying ground, to Hiram Penny ; The East 
 half of the same quarter Section, Township and Range to Peyton 
 L. Harrison; The West half of the East half of the North West 
 quarter of the same Section Township and Range, to Benjamin 
 McElwain; The East half of the East half of the same quarter, 
 Section, Township and Range to Nancy Hart; and, Fifty acres 
 off the South end of the East half of the South West quarter of 
 Section Thirteen in the same Township and Range to Elisha 
 Bone — Your oratrix further states that John Sackett, and Rhoda 
 Sackett his wife; heirs of the said Moses Hart deceased; and 
 also Jefferson Hart, Melissa Jane Hart, and Rhoda Hart, infant 
 heirs of David Hart deceased, who was also an heir of the said 
 Moses Hart deceased, were omitted to be made parties to the 
 proceeding by which the said real estate of the said Moses Hart 
 deceased was by this court ordered to be sold — 
 
272 UNCOLLECTED WORKS OF LINCOLN 
 
 Your oratrix prays that the said John Sackett and Rhoda 
 Sackett his wife, Jefferson Hart, Melissa Jane Hart and Rhoda 
 Hart be made defendants to this Bill ; and that the Peoples' writ 
 of Subpoena may issue &c. and that Antrim Campbell be ap- 
 pointed guardian ad litem to the said infant defendants, and that 
 he be required to answer &c; and that on a final hearing of this 
 cause your Honor will decree that the said sales of real estate 
 herein before mentioned and described be confirmed as against 
 all defendants to this Bill ; and that your Honor will grant such 
 other and further relief as equity may require; and as in duty 
 bound &c. 
 
 Stuart & Lincoln 
 For Compt 
 
 ANSWER OF GUARDIAN AD LITEM IN THE SUIT OF 
 
 HART VS. SACKETT ET AL, SANGAMON CIRCUIT 
 
 COURT, JULY 3, 1838 
 
 (Herndon-Weik Collection) 
 
 Mr. Lincoln wrote this answer which was signed by Camp- 
 bell, and he also penned the cover notations. Rhoda Hart filed 
 her bill on July 10, 1838, and it is probable, as in most cases of 
 this kind, Campbell filed his ansiver on the same day. Campbell 
 was a native of New Jersey who had lately settled in Springfield, 
 and who until his death in 1860 held an honored place at the 
 Sangamon County bar, serving for many years as a master in 
 chancery in the state and federal courts. 
 
 The answer of Antrim Campbell, guardian ad litem to Jeffer- 
 son Hart, Melissa Jane Hart, and Rhoda Hart, infant heirs of 
 David Hart deceased, to a Bill in chancery filed in the circuit 
 court of Sangamon county by Rhoda Hart, Executrix of Moses 
 Hart deceased, against John Sackett, Rhoda Sackett and the 
 aforesaid infant heirs — 
 
 This respondent, for answer to said Bill, says that he has 
 examined said Bill, and the facts therein stated and set forth, and 
 that he believes the allegations of said Bill are true ; and that he 
 knows no reason, consistent with the interest of said infant heirs, 
 why a decree shall not be rendered in accordance with the prayer 
 of said Bill — 
 
 Antrim Campbell 
 
 Guardian ad litem for 
 
 Infant heirs of David Hart Deceased 
 
UNCOLLECTED WORKS OF LINCOLN 273 
 
 FURTHER PLEAS OF DEFENDANT IN THE SUIT OF 
 McNAIR VS. ADAMS, JULY 5, 1838 
 ( Herndon-Weik Collection) 
 These pleas as in the case of the five pleas, or counts, pre- 
 viously reproduced are in the hand of Treat. The words, "6th 
 Plea," and the numbers, "7th" and "8th" are in the hand of Mr. 
 Lincoln as were the numbers in the first five parts of the plea of 
 July 2, 1838. 
 
 6th Plea 
 Adams ] 
 
 ads }■ In assumpsit 
 
 McNair J 
 
 And the said Defendant for further Plea in this behalf, 
 says that the said Plaintiff ought not to have or maintain his 
 said Defendant did not at any time within sixteen years next be- 
 fore the commencement of this suit undertake or promise in 
 manner & form as the said Plaintiff hath above thereof alledged 
 against him, and of this the said Defendant is ready to verify 
 wherefore he prays Judgement if the said Plaintiff ought rather 
 to have or maintain his aforesaid action thereof against him &c. 
 
 Treat & Campbell 
 
 For Deft. 
 7th 
 
 And the said Defendant for further Plea in this behalf 
 says that the said Plaintiff ought not to have or maintain his 
 aforesaid action thereof against him because he says, that the 
 several supposed causes of action in the said declaration men- 
 tioned, (if any there were or still are) did not nor did any or 
 Either of them, accrue to the said Plaintiff at any time within 
 sixteen years next before the commencement of this suit, in man- 
 ner & form as the said Plaintiff hath above thereof complained 
 against him & of this he the said Defendant is ready to verify, 
 wherefore he prays Judgement if the said Plaintiff ought further, 
 to have or maintain his aforesaid action thereof against him. 
 
 Treat & Campbell 
 
 For Deft. 
 8th 
 
 And the said Defendant for further Plea in this behalf saith 
 that the said Plaintiff ought not to have or maintain his afore- 
 said action thereof against him because he saith that the said 
 Plaintiff did not commence his suit against this defendant Upon 
 
274 UNCOLLECTED WORKS OF LINCOLN 
 
 & for the non performance of the said several promises & under- 
 takings in the said Declaration mentioned with in sixteen years 
 next after the same one made & accrued to the said Plaintiff. 
 And this the said Defendant is ready to verify &c. wherefore he 
 prays Judgement if the said Plaintiff ought further to have or 
 maintain his aforesaid action thereof against him — &c 
 
 Treat & Campbell 
 
 For Deft. 
 
 James Adams 
 
 adsm 
 Matthew McNair 
 
 Pleas 
 Filed July 5th 1838 
 Wm. Butler Clk 
 
 ANSWER OF MR. LINCOLN AS GUARDIAN AD LITEM 
 
 IN THE SUIT OF THAYER VS. PHILLIPS ET AL, 
 
 SANGAMON CIRCUIT COURT, JULY 5, 1838 
 
 (Herndon-Weik Collection) 
 
 The only part of this document in the handwriting of Mr. 
 Lincoln, is the signature, A. . Lincoln. The two periods follow- 
 ing the letter, "A," will be noted as a characteristic usage of his 
 early years. He not only placed the two dots after the "A,"but 
 often after the "P" in "P. . M." denoting his title as postmaster 
 at New Salem. Other documents reveal the use of the double 
 period after abbreviations showing that Mr. Lincoln did not use 
 it only after the "A. ." for "Abraham." The answer in this case 
 appears to have been the zvork of four men. Samuel H. Treat 
 seems to have begun the writing with the words "Joseph Thayer," 
 and to have continued down to the clause, "for answer thereto 
 he saith." It appears that John T. Stuart, partner of Lincoln, 
 took up the pen at this point, and concluded with the words, "of 
 July 1838." William Butler signed the notice of the swearing 
 of the answer, and he also wrote the cover notations. Lawyer 
 Lincoln had been appointed guardian ad litem on March 6, 1838. 
 On March 7, 1838, the firm of Stuart & Lincoln filed certificates 
 of publication which was notice that they would make known 
 to the public the fact that an act had been done, or had not been 
 done. 
 
UNCOLLECTED WORKS OF LINCOLN 275 
 
 Joseph Thayer complainant 
 
 against > In chancery 
 
 Elizabeth Phillips & others. Defendants. J 
 
 The answer of Abram Lincoln, the guardian ad litem of Wil- 
 liam Phillips. . Infant Defendant herein, to the bill of said com- 
 plainant. 
 
 For answer thereto he saith. that he has carefully examined 
 the Bill & Exhibits filed in this cause. & believes that all the ma- 
 terial allegations, in the complainants Bill, contained, are fully 
 established by the proof and Exhibits in this cause & that he 
 knows of no good reason consistent with the interest of said in- 
 fant, why the prayer of the complainants Bill should not be 
 granted. 
 
 A. . Lincoln 
 Sworn & Subscribed to 
 before me this 5th 
 day of July 1838. 
 
 Wm. Butler Clk 
 
 Thayer 
 
 l 
 
 vs J- Answer Guardian 
 ad litem 
 Elizabeth Phillips 
 
 Filed July 5th 1838 
 
 Wm. Butler Clk 
 
 REPLICATION OF PLAINTIFF IN SUIT OF McNAIR 
 
 VS. ADAMS, JULY 6, 1838 
 
 (Herndon-Weik Collection) 
 
 Mr. Lincoln penned both parts of this replication to the eight 
 
 pleas entered by Campbell and his partner, Treat. He omitted 
 
 the word, "state," in the second part of the replication, at the 
 
 place immediately after the word, "this" and just preceding 
 
 "towit." It is evident that he was thinking ahead, for he crosses 
 
 out "Sixteen" in the first part of the replication, replacing it with 
 
 the word, "five" while he uses it in the term of years in the 
 
 second part of the document. The cover notations are in the 
 
 hand of Butler. 
 
 Matthew McNair 
 
 vs - In assumpsit — 
 
 James Adams 
 
276 UNCOLLECTED WORKS OF LINCOLN 
 
 And the said plaintiff as to the said pleas of the said de- 
 fendant by him secondly, thirdly, fourthly and fifthly pleaded, 
 saith that he the said plaintiff by reason of any thing by the said 
 defendant in those pleas alleged ought not to be barred from 
 having and maintaining his aforesaid action thereof against him 
 the said defendant, because he saith at the time when the said 
 several causes of action in the said declaration mentioned, and 
 each and every of them, did accrue to the said plaintiff, the said 
 plaintiff was beyond the limits of this state, towit, at Oswego in 
 the state of New York, and that the said plaintiff never came 
 within this state from beyond the limits of the state, after the 
 accruing of the said causes of action, and every of them to the 
 said plaintiff, before within five years of the commencement of 
 this action. And this he the said plaintiff is ready to verify, 
 wherefore he prays judgement and his damage by him sustained 
 on occasion of the non performance of the said several promises 
 and undertakings in the said declaration mentioned to be ad- 
 judged to him &c. 
 
 Stuart &Lincoln 
 For Plff 
 
 And the said Plaintiff, for further replication in this behalf, 
 as to the said pleas of the said defendant by him sixthly, seventhly 
 and eighthly pleaded saith that he the said plaintiff by reason 
 of any thing by the said defendant in those pleas alleged ought 
 not to be barred from having and maintaining his aforesaid 
 action thereof against him the said defendant, because he saith 
 that at the time when the said several causes of action in the 
 said declaration mentioned, and each and every of them, did ac- 
 crue to the said plaintiff, the said plaintiff was beyond the limits 
 of this state, to wit, at Oswego in the state of New York; and 
 that the said plaintiff never came wAthin this state from beyond 
 the limits of this state after the accruing of the said causes of 
 action, and every of them to the said plaintiff before within six- 
 teen years of the commencemnt of this action — 
 
 And this the said plaintiff is ready to verify, wherefore he 
 prays judgement and his damages by him sustained on occasion 
 of the non-performance of the said promises and undertakings 
 in the said declaration mentioned to be adjudged to him &c. 
 
 Stuart & Lincoln 
 Mathew McNair for Plff 
 
 vs 
 James Adams 
 
UNCOLLECTED WORKS OF LINCOLN 277 
 
 Filed July 6th 1838 
 
 Wm. Butler Clk 
 
 DEFENDANT'S DEMURRER IN THE SUIT OF McNAIR 
 
 VS. ADAMS, JULY 6, 1838 
 
 ( Herndon- Weik Collection) 
 
 This demurrer drawn by Treat is reproduced as constituting 
 
 a sequence of pleas, replication, demurrer and joinder in one of 
 
 the most widely discussed suits of Mr. Lincoln's first years as 
 
 a lawyer. 
 
 James Adams 
 
 adsm 
 Mathew McNair 
 
 In Sangamon circuit 
 court 
 
 In assumpsit 
 
 And the said James Adams saith that the said replication of 
 the said Plaintiff, to the said second, third, fourth & fifth pleas of 
 him the said Defendant & the matters therein contained, in man- 
 ner & form as the same are above pleaded & set forth, are not 
 sufficient in law for the said Plaintiff to have or maintain his 
 aforesaid action thereof against him, the said Defendant, & that 
 he the said Defendant is not bound by law. to answer the same, 
 & this he the said Defendant is ready is ready to verify, where- 
 fore for the want of a sufficient Replication in this behalf he the 
 said Defendant prays Judgement, if the said Plaintiff, ought to 
 have or maintain his aforesaid action thereof against him &c 
 
 Treat & Campbell 
 
 For Deft. 
 
 And the said Defendant saith that the said Replication of 
 the said Plaintiff to the said sixth, seventh, & Eighth. Pleas of 
 him the said Defendant & the matters therein contained, in 
 manner & form as the same are above pleaded, & set forth are 
 not sufficient in Law. for the said Plaintiff, to have or maintain 
 his aforesaid action thereof against him the said Defendant. & 
 that he the said Defendant is not bound by law. to answer the 
 same, & th : s he the said Defendant is ready to verify, wherefore 
 for the want of a sufficient replication in this behalf, he the said 
 Defendant prays Judgement if the said Plaintiff, ought to have 
 or maintain his aforesaid action thereof against him &c. 
 
 Treat & Campbell 
 
 For Deft. 
 
278 UNCOLLECTED WORKS OF LINCOLN 
 
 James Adams 
 
 adsm 
 Mathew McNair 
 
 Demr. 
 
 Filed July 6th 1838 
 
 Wm. Butler Clk 
 
 JOINDER IN THE SUIT OF McNAIR VS. ADAMS, 
 JULY 7, 1838 
 (Herndon-Weik Collection) 
 This joinder was penned by Attorney Lincoln, while the 
 cover notations are by Butler. In the joinder to the second de- 
 murrer Mr. Lincoln uses the words, "verry and proved," for the 
 correct phase, "verify and prove." The words are not crossed 
 out, and the mistake is not characteristic of careful Lawyer Lin- 
 coln. It merely proves that he made mistakes, but less frequently 
 than most men. A change of venue from Peoria to Sangamon 
 County was agreed on by Stuart & Lincoln for the plaintiff, and 
 Treat for the defendant, on April 2, 1839, and the case continued 
 to be argued with vigor on both sides. 
 
 Matthew McNair 1 (Joinder to first Demurrer) 
 
 vs ► In Assumpsit 
 
 James Adams 
 
 And the said plaintiff saith that the said replication and the 
 matters therein contained in manner and form as the same are 
 above stated and set forth, are sufficient in law for him the said 
 plaintiff to have and maintain his aforesaid action thereof against 
 him the said defendant; and the said plaintiff is ready to verify 
 and prove the same as this court here shall direct and award; 
 wherefore inasmuch as the said defendant hath not answered 
 the said replication nor hitherto in any manner denied the same 
 the said plaintiff prays judgement, and his damages by reason 
 of the not performing of the said several promises and under- 
 takings in the said declaration mentioned, to be adjudged to him 
 &c. 
 
 Stuart &Lincoln, for Plff 
 (Joinder to second Demurrer) 
 
 And the said plaintiff saith that the said replication and the 
 matters therein contained in manner and form as the same are 
 above stated and set forth, are sufficient in law for him the said 
 
UNCOLLECTED WORKS OF LINCOLN 279 
 
 plaintiff to have and maintain his aforesaid action thereof 
 against him the said defendant; and the said plaintiff is ready to 
 veray and prove the same as the court here shall direct and 
 award; wherefore inasmuch as the said defendant hath not an- 
 swered the said replication, nor hitherto in any manner denied 
 the same, the said plaintiff prays judgement and his damages by 
 reason of the not performing of the said several promises and 
 undertakings in the said declaration mentioned to be adjudged 
 to him &c. 
 
 Stuart & Lincoln for Plff 
 
 McNair 
 vs 
 James Adams 
 
 Filed July 7th 1838 
 Wm Butler Clk 
 
 Joinder in 
 Demr 
 
 ANSWER OF MR. LINCOLN AS GUARDIAN AD LITEM 
 
 FOR THE HEIRS OF SAMUEL MUSICK IN THE SUIT 
 
 OF THE STATE BANK OF ILLINOIS VS. MUSICK, 
 
 SANGAMON CIRCUIT COURT, JULY 10, 1838 
 
 This copy of the answer of Mr. Lincoln appears in the Com- 
 plete Record of the case penned by the court clerk. The words 
 of Lincoln begin with the phrase, "For answer thereto," and con- 
 clude with his signature, "A. Lincoln." The clerk's copy may 
 have been an accurate transcription, but the spelling, "consistent," 
 zvas not used by Lincoln. He did use the "tk" sign in his legal 
 papers, but less frequently than it appears in the copied answer. 
 He rarely capitalized the words, "complainants" and "court," as 
 is done here. Mr. Lincoln was appointed guardian ad litem on 
 July 2, 1838. He knew Samuel Musick as the owner of the ferry 
 which crossed Salt Creek in Sangamon County. On December 
 9, 1834 he had informed the Legislature that he would propose 
 a bill to permit Musick to build a toll bridge across this stream, 
 and later he introduced various bills to bring road traffic over 
 the Musick bridge. The court record does not permit of definite 
 conclusion, but it is probable that the original answer of A Lin- 
 coln was in his hand. It is also probable that there was a double 
 period after the "A," but this is not known. All that is known 
 is that the two dots were most characteristic of the Lincoln of 
 that time. 
 
280 UNCOLLECTED WORKS OF LINCOLN 
 
 Circuit Court ] 
 
 July 11th 1838 J 
 
 Plaintiff 1 State Bank of Illinois 
 
 > against In Chancery 
 
 Defendants J Samuel Musicks heirs 
 
 This day came A. Lincoln guardian ad litem to the infant 
 heirs herein, & swore to and filed his answer to Complainants 
 Bill.— 
 
 Answer of The answer of Abram Lincoln guardian ad 
 
 ALincoln llitem of Grant Musick, Lewis Musick, & Eliza- 
 
 guardn ad litem J beth Musick infant defendants herein to the 
 Complainants Bill. — 
 
 For answer thereto he saith that he has carefully examined 
 the pleadings in this cause & that all the material allegations in 
 the Complainants Bill contained are fully established by the Ex- 
 hibits filed herein & that he knows of no good reason consistent 
 with the interest of said infants why the prayer of the Com- 
 plainants should not be granted & the mortgage foreclosed & the 
 mortgaged premises sold by the Decree of this Court to pay off 
 & discharge the debt due the Complainants 
 
 A. Lincoln 
 Sworn & subscribed 
 to before me this 10th day 
 of July 1838. 
 Wm Butler, Clk 
 
 ANSWER OF DEFENDANT IN THE SUIT OF 
 ANDERSON, BELL & COMPANY VS. GAMBRELL, 
 JULY 12, 1838 
 (Herndon-Weik Collection) 
 The words, "And the plaintiff doth the like, Stuart & Lin- 
 coln for Plff." are the only ones in this document penned by Mr. 
 Lincoln. The rest of the answer seems to be in the hands of the 
 opposing attorney, and the careless format and scrawl contrast 
 most unfavorably with the meticulous and neatly penned legal 
 documents of Mr. Lincoln. This opposing attorney was Stephen 
 Arnold Douglas, long the legal and political opponent of Abra- 
 ham Lincoln, and o\ne of the ablest of his antagonists in either 
 field. There is controversy in regard to the winner of the Lin- 
 coln-Douglas debates, but there is no doubt as to the winner of 
 
UNCOLLECTED WORKS OF LINCOLN 281 
 
 this case for Stuart & Lincoln's client, Anderson, Bell & Co., zvas 
 awarded a judgment of $207.65 upon Friday, July 13, 1838. 
 
 of the July Term of the circuit 
 
 Gambril court of Sangamon Illinois the 
 
 vs [-In case year of our Lord, one thousand 
 
 Bell & Co assignees &cj eight hundred and thirty eight 
 
 The defendant James Gambril by his counsel Douglas & 
 Urquhart; comes and defends the wrong and injury when & 
 where &c and for plea saith, that the plaintiff his action against 
 him, in manner and form as in the said declaration alleged — 
 and set forth ought not to have and maintain because he says, 
 that he did not assume on himself as the plaintiff hath in his 
 pleading alleged and of this he puts himself on the country — 
 
 Douglas & Urquhart 
 for the defendant 
 And the plaintiff doth 
 the like 
 
 Stuart & Lincoln 
 for Plff. 
 and the said defendant according to the statute of the State 
 of Illinois in such cases provided, hereby notifies the plaintiff 
 that he shall rely in the defence of this action on the following 
 facts — and causes of defence 
 
 First — that the note set out in the plaintiffs declaration 
 as the inducement to this action was obtained by one 
 Moses Coffman assignor of the plaintiff from the defen- 
 dant by misrepresentation by deceit and by suppressing 
 the truth. The said note was executed for the part 
 payment of a tract of land lying in Sangamon County Illinois 
 The said tract of land is was & has been since the sale subject 
 to a certain disease called & known in common language in the 
 State of Illinois, as Milk Sickness — which renders it worthless 
 to the defendant or to any person, for the uses of occupation & 
 tillage. The defendant expects to prove, the knowledge of the 
 assignor of the plaintiff of the said fact in regard to the existing 
 disease in the land — at & before the sale by the plaintiff assignor 
 to this defendant. Secondly — 
 
 The defendant further expects to prove that the settlements 
 in — about, & around the said land, near the adjoining — have 
 been long subject to the said disease and unhealthy influences 
 all of which were known to the plaintiff assignor at and before 
 the sale of the said tract of land to this defendant — and concealed 
 
282 UNCOLLECTED WORKS OF LINCOLN 
 
 by said plaintiff assignor from the defendant in negotiating said 
 sale, whereby the said defendant was circumvented and induced to 
 agree to give more for said land than he would otherwise have 
 done — , as he would not, knowingly have contracted for land to 
 live on with his family — which is subject to so troublesome a 
 disease as milk sickness, with a knowledge of the fact — but 
 whether the plaintiff assignor knew of the disease or not, still 
 the defendant expects to show the disease to have existed at 
 and before the contract between the plaintiffs assignor and de- 
 fendant for the land and that the land is rendered almost useless 
 to the defendant for occupancy and tillage — 
 
 D & U for the 
 defendant 
 July Term of the 
 Sangamon Circuit Court 
 in year of Lord 1838 
 Gambril 
 
 vs 
 Bell & Co 
 Filed July 12" 1838 
 Wm Butler Clk 
 
 REPORT OF THE ADMINISTRATOR IN THE SUIT OF 
 MOSES M. MARTIN VS. THE HEIRS OF ISAAC 
 MARTIN, SANGAMON CIRCUIT COURT, 
 JULY 14, 1838 
 ( Herndon- Weik Collection ) 
 This report was penned by Mr. Lincoln, and signed by his 
 client Moses M. Martin. It is the report which the court had 
 ordered to be given in its decree of October 16, 1837. One con- 
 fusing point arises, for Mr. Lincoln cites ownership of the South 
 half of the South West quarter of Section Six, in the document 
 of October 16, 1837, while he speaks of the sale of the South 
 half of the North West quarter in this report. The petition of 
 partition and court order of October 16, 1837, combine with this 
 document to afford an almost complete history of the case. The 
 final report of Moses Martin is not given, but on February 7, 
 1839, the receipt of Mr. Lincoln for $7.50, the legal fee in the 
 case, was handed to Moses Martin. 
 
 Exparte, Moses M. Martin \ On Petition to 
 
 Administrator of Isaac Martin decdj sell real estate — 
 
UNCOLLECTED WORKS OF LINCOLN 283 
 
 This day comes the said Moses M. Martin and files his re- 
 port in the above case and says "that in pursuance of the order 
 of the court made in the said case, he did, after due notice of 
 his intention so to do had been given, as will appear by the an- 
 nexed certificate, on the fifteenth day of January in the year of 
 our Lord one thousand eight hundred and thirtyeight, between 
 the hours of ten o'clock in the forenoon and five o'clock in the 
 afternoon of the same day, expose at public vendue the South 
 half of the North West quarter of Section Six in Township 
 Fourteen North of Range Three West of the Third Principal 
 Meridian containing sixtyone and seventeen hundredths of an 
 acre, and that Daniel Robb, being the highest and best bidder, 
 became the purchaser thereof for the sum of two dollars and 
 twentyfive cents per acre ; and that he has executed and delivered 
 to the said Daniel Robb, a deed of conveyance for the said land, 
 and has taken his bond and personal security and a mortgage 
 on the said tract of land to secure the payment of the purchase 
 money thereof — 
 
 And further the said Moses M. Martin has not proceeded — 
 
 Moses M. Martin 
 
 Moses M. Martin 
 
 1 
 vs [ Report 
 
 J 
 
 Heirs of 
 
 Isaac Martin Deed 
 
 Filed July 14th 1838 
 
 Wm. Butler Clk 
 
 LETTER OF JESSE W. FELL TO LINCOLN AND THE 
 LATTER'S REPLY, JULY 20 AND 25, 1838 
 
 The letter here reproduced which Jesse W. Fell wrote to 
 Mr. Lincoln on July 20, 1838, and the latter's reply written on 
 the reverse of it, probably on July 25, 1838, bear early witness to 
 a friendship that in after years was to have weighty issue for the 
 junior partner in the firm of Stuart & Lincoln. Born in 1808, in 
 Chester County, Pennsylvania, Fell studied law and was admit- 
 ted to the bar at Steubenville, Ohio, and in 1833 became the first 
 lawyer in the infant town of Bloomington. There he quickly 
 claimed a potent place in law and business and in political affairs. 
 In 1855 he led in securing the location of the Chicago & Alton 
 
284 UNCOLLECTED WORKS OF LINCOLN 
 
 Railroad through Blooming ton, and a year later was one of the 
 founders of the Republican Party in Illinois. 
 
 Fell early became the intimate personal and political friend 
 of John T. Stuart and of Abraham Lincoln. In the summer of 
 1838 Stuart was waging a hectic and stubborn battle with Stephen 
 A. Douglas for a seat in Congress, and from their Springfield 
 law office Lincoln, when he replied to Fell's letter, was giving 
 whole-hearted support to his partner's candidacy. A fortnight 
 later came election day and Mr. Lincoln's return to the legisla- 
 ture for the third time, first in a field of seventeen candidates. 
 It is known that he voted for Cyrus Edwards, losing Whig can- 
 didate for governor of Illinois, but more satisfying was his vote 
 for Stuart, which helped the latter defeat Douglas thirty-six 
 votes in a total of 36,495. 
 
 Twenty years later, while the Lincoln and Douglas debates 
 were in progress in the summer and fall of 1858. Fell, as ever 
 Lincoln's alert and helpful friend, made a business trip through 
 most of the New England and Middle States, and through Michi- 
 gan, Ohio and Indiana, taking care as he travelled to feel the 
 political pulse. "Everywhere he found Republicans eager to hear 
 of the man who was successfully defying and anszvering Doug- 
 las," and, "as he sounded the praises of his friend, the conviction 
 grew in him that in a still larger field Lincoln might become the 
 successful rival of Douglas." 
 
 When Fell returned home in the late fall of 1858 he pro- 
 posed to Lincoln, then attending court in Bloomington, "that he 
 should be the next Republican candidate for President. Lincoln 
 professed to think it a foolish idea and declined to write the auto- 
 biography for which his friend asked, that he might acquaint 
 people in the East with Lincoln's personal history." Soon, how- 
 ever, Lincoln himself began to think seriously of running for 
 President, especially after visits to Ohio and Kansas in the fall 
 of 1859, and on December 20, when Fell repeated his request for 
 an autobiography, he gave him the desired paper which Fell, with- 
 out waiting to copy it, mailed to his friend, Joseph J. Lewis in 
 Westchester, Pennsylvania. 
 
 What followed forms an interesting chapter in the story of 
 Lincoln's rise to the Presidency. Lewis, a skilled and persuasive 
 writer widely and favorably known in Eastern Pennsylvania, 
 with Lincoln's own story and other material furnished by Fell be- 
 fore him, prepared a sketch in which he stressed Lincoln's 
 Pennsylvania ancestry, his stout advocacy through the years of a 
 
UNCOLLECTED WORKS OF LINCOLN 285 
 
 protective tariff and other phases of his career sure to appeal to 
 the Republican and anti-slavery Democrats for whom it was in- 
 tended. It was published in the Chester County Times on Feb- 
 ruary 11, 1860, and, widely copied throughout Pennsylvania and 
 beyond it, helped not a little to shape the decision whereby at the 
 Republican national convention in May the vote of the Pennsyl- 
 vania delegation was at a decisive moment transferred from 
 Cameron to Lincoln. The manuscript on which it was based 
 was by Lewis duly returned to Fell, who in 1872 published a 
 facsimile of it zvith an introduction. It is now owned by the Fell 
 estate. In March, 1863, President Lincoln appointed Lewis com- 
 missioner of internal revenue. See, "Life of Jesse W. Fell" by 
 Morehouse, pp. 58-64, and "Lincoln in Pennsylvania" by Charles 
 William Heathcote, 1935. 
 
 Bloomington July 20th 1838 
 
 Dr Sir 
 
 I wrote you a few days since a few lines in relation to Stuart 
 — the chafes preferred against him about a Government Bank — 
 his coming into this County before the election &c which you 
 have doubtless reed. Do me the favor to reply to it per bearer 
 Mr B. F. Wood of this place — to whom permit me to introduce 
 you. Mr Wood is a fast friend of Stuart and can let you know 
 all about election matters in McLean. We'll do our duty — de- 
 pend on it. 
 
 In great haste 
 
 A. Lincoln Esqr. 
 
 Very respectfully 
 J. W. Fell 
 
 Dear Fell. 
 
 Yours on the reverse side of this sheet is this moment re- 
 ceived. Owing to my absence, the former letter of which you 
 speak was not received until Saturday evening. I answered it 
 yesterday, and doubtless you will have received the answer ere 
 you receive this. I again repeat that you may deny the charges 
 made by Douglass against Stuart in relation to a government 
 Bank. I hope Stuart will pay you the much deserved visit ; he is, 
 however, doing well, we are told, where he is. If we do our 
 duty we shall succeed in the congressional election, but if we 
 relax an iota, we shall be beaten. 
 
 Your friend 
 A. Lincoln 
 
286 UNCOLLECTED WORKS OF LINCOLN 
 
 MR. LINCOLN ONE OF THE SIGNERS OF A PETITION 
 TO GOVERNOR DUNCAN, JULY 25, 1838 
 
 On July 25, 1838, Mr. Lincoln was one of the fourteen sign- 
 ers of the petition here reproduced which asked Governor Joseph 
 Duncan to appoint John Dixon to the vacancy on the important 
 Board of Commissioners of Public Works to succeed James A. 
 Stephenson who had resigned from that body. Dixon, a Whig, 
 and founder of the city which bears his name, was duly appointed 
 by Governor Duncan, and in February, 1839, the Legislature elec- 
 ted him for a full term. Until near the end of his long life of 
 ninety-two years Dixon remained active in politics, and as a dele- 
 gate to the first Republican state convention held in Illinois, was 
 one of those who listened to and applauded Lincoln's famous 
 Lost Speech. The original of the petition requesting his appoint- 
 \ -\ merit as commissioner of public works is now owned by one of 
 
 his descendants, George C. Dixon. 
 
 An early and devoted reader of the Washington Globe, Mr. 
 Lincoln, in the month in which he lent a helping hand to a fellow 
 Whig, must have learned from its columns that on August 18, 
 1838, Lieutenant Charles Wilkes of the Navy had sailed from 
 Hampton Roads on the voyage to Antarctic waters which was 
 to make him famous as an explorer — this in happy ignorance of 
 the fact that three and twenty years later Wilkes by his capture 
 of Mason and Slidell was to supply him with one of the thorny 
 problems of his first year as President. 
 
 Springfield July 25, 1838 
 To His Excelency J. Duncan 
 
 Having been informed that a vacancy has occurred in the 
 board of Comrs of Public Works, by the resignation of J. A. 
 Stephenson, we take much pleasure in recommending to your 
 favorable consideration for the vacancy thus created our fellow 
 citizen John Dixon of Ogle County, whom we consider in every 
 way qualified to discharge the duties of such office. 
 
 C R Mathews 
 A G Herndon 
 -Af^W Edwards 
 J F Speed 
 Wm Butler 
 G Elkin 
 A Lincoln 
 Gusshorn Jaquest 
 Tho C Brown, 
 
UNCOLLECTED WORKS OF LINCOLN 287 
 
 A G Henry 
 
 Jesse B Thomas Jr 
 
 Simeon Francis 
 
 Jud: Wright Comr. Pub Works 
 
 EDITORIAL NOTE BY MR. LINCOLN ON BOWLING 
 GREEN, SANGAMO JOURNAL, AUGUST 11, 1838 
 Mr. Lincoln early found that now and then the penalties of 
 Whig leadership were embarrassing ones. Thus at the August 
 election in 1838, in which Stuart defeated Douglas for Congress 
 and Lincoln was re-elected to the legislature, Archer G. Hern- 
 don, Whig, and Bowling Green, Democrat, opposed each other 
 as candidates for the State Senate, and Mr. Lincoln, much to 
 his regret, had to work and vote against his old friend of New 
 Salem days. Herndon was elected by a majority of 47 votes, 
 and the result prompted the editorial note in the Sangamo Journal 
 here reproduced. It is to be noted in passing tliat although in 
 Sangamon County Mr. Lincoln led the poll in New Salem he 
 received only 31 votes, 70 less than that precinct gave to John 
 Calhoun, the only Democrat to secure election to the legislature. 
 This result was due to two things: New Salem had now become 
 a Democratic stronghold, and Mr. Lincoln's position on the di- 
 vision of Sangamon county, a division hotly opposed by many 
 residents of the hamlet, had lost him a great number of sup- 
 porters in his former home. 
 
 OUR SENATORIAL ELECTION. 
 At the result of this election, we are both gratified and 
 wounded. We believe the interest of our county required that 
 Herndon should be elected; and, therefore, we are gratified with 
 his selection. On the other hand, to see our old friend, Bowling 
 Green, beaten, and to have been under the necessity of aiding in 
 defeating him, we confess is, and has been, extremely painful 
 to us. Under other circumstances, we would have been glad to 
 do battle for him; but as it was, he threw himself in the ranks 
 of our enemies, and therefore we could do no less than we did. 
 
 MR. LINCOLN BECOMES SECURITY FOR COSTS IN 
 THE SUIT OF WILLIAMS VS. CABANISS, 
 SANGAMON CIRCUIT COURT, 
 AUGUST 13, 1838 
 The original of this document entirely in the hand of Mr. 
 Lincoln is now in the Illinois State Historical Library at Spring- 
 field. 
 
288 UNCOLLECTED WORKS OF LINCOLN 
 
 Albert G. Williams ] 
 
 vs [ In Covenant 
 
 John M. Cabaniss &| Damage $300 
 
 George S. Cabaniss J 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above entitled cause returnable to the next term of said 
 court — 
 
 Stuart & Lincoln 
 for Plff— 
 Albert G. Williams 
 
 vs 
 John M. Cabaniss & 
 George S. Cabaniss 
 
 Sangamon Circuit Court- 
 
 I do hereby enter myself security for costs in this case, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or 
 to any of the officers of this court in pursuance of the laws of 
 this state. 
 
 A. Lincoln 
 Dated this 13th day of August A. D. 1838 
 
 BILL FOR DIVORCE IN THE SUIT OF FOSTER VS. 
 FOSTER, SANGAMON CIRCUUIT COURT, 
 
 AUGUST 13, 1838 
 ( Herndon-Weik Collection ) 
 The notation, "Filed August 16th, Wm Butler elk.," is in 
 the hand of the clerk; the rest of this document and notations 
 are from the pen of Mr. Lincoln. On October 20, 1838, the fol- 
 lowing entry appeared in the Record Book of the Sangamon 
 County Circuit Court : "On motion of Complainant counsel it is 
 ordered that this cause be disinissed at complainant's cost." 
 To the Honorable the Judge of the Sangamon circuit 
 court in chancery sitting: 
 
 Humbly complaining sheweth unto your Honor your orator, 
 George W. Foster, that he, your orator was, some time in the 
 month of November in the year of our Lord one thousand eight 
 hundred and thirtyfive, in the county of Sangamon and the state 
 of Illinois, lawfully married to one Charlotte Cooley; that, he 
 your orator, and the said Charlotte continued to live together as 
 man and wife until some time in the month of February in the 
 year of our Lord one thousand eight hundred and thirtysix, at 
 
UNCOLLECTED WORKS OF LINCOLN 289 
 
 which time, she the said Charlotte, wholly abandoned your orator, 
 and left his bed and board, and has ever since, and for more than 
 the space of two years, wholly refused to return and live with 
 your orator — Your orator states that while he and the said Char- 
 lotte lived together, he, your orator, did and performed all and 
 every duty as a faithful and affectionate husband to wards the 
 said Charlotte — 
 
 In tender consideration of all which, your orator prays that 
 the said Charlotte Foster be made defendant to this Bill; and 
 that the People's writ of subpoena may issue &c; and that on a 
 final hearing of this cause, your Honor will decree, that the bonds 
 of matrimony heretofore and now existing between your orator 
 and the said Charlotte, be forever dissolved ; and that your Honor 
 will grant such other and further relief as equity may seem to 
 require ; and your orator as in duty bound &c. — 
 
 Stuart & Lincoln 
 Complts Solicitors 
 George W. Foster 58 
 
 l 
 
 vs (- Bill for Divorce 
 
 Charlotte Foster 
 
 Filed august 16th 1838 
 Wm Butler Clk 
 
 Let process issue hereon — 
 
 Stuart & Lincoln 
 
 BILL FOR DIVORCE IN THE SUIT OF SAMUEL 
 
 ROGERS VS. POLLY ROGERS, AUGUST 14, 1838 
 
 (Herndon-Weik Collection) 
 
 Mr. Lincoln penned the original bill for divorce in this case. 
 He also penned the cover notations, and the order for issue of 
 process, the one exception being the date of filing. This is prob- 
 ably in the hand of Butler, but is not distinctly his handwriting. 
 Attorney Lincoln omitted the word, '''time" after "some" in the 
 line, "some in June or July." It appears that he often thought 
 ahead of his pen, and at such times, omissions were likely to 
 occur. It does not seem that he re-read this paper, as other docu- 
 ments reveal that he put in words which he had omitted. The 
 original bill did not include the adultery charge contained in a 
 later and amended bill and clearly sustains the statement in the 
 
290 UNCOLLECTED WORKS OF LINCOLN 
 
 affadavit of Lincoln, dated October 20, 1838, that he dissuaded 
 Rogers from using the adultery charge as grounds for divorce. 
 To the Honorable the Judge of the Sangamon circuit court 
 
 in Chancery sitting — 
 
 Humbly complaining sheweth unto your Honor, your orator, 
 Samuel Rogers, that some time in the month of October in the 
 year one thousand eight hundred and thirtyfive in the county of 
 Sangamon and state of Illinois, he, your orator, was lawfully 
 married to one Polly Offill; that he, your orator, and the said 
 Polly continued to live together, as man and wife, he your orator, 
 doing and performing every duty on his part, as a tender and 
 affectionate husband, until some in the month of June or July 
 in the year one thousand eight hundred and thirty six, when she 
 the said Polly, left the bed and board of your orator, and has 
 ever since wholly refused to live with him. 
 
 In tender consideration of all which, your orator prays, that 
 the said Polly Rogers may be made defendant to this Bill; and 
 that the Peoples writ of Subpoena may issue &c. ; and that on a 
 final hearing of the case, your Honor will decree, that the bonds 
 of matrimony now, and heretofore existing between your orator 
 and Polly his wife, be forever dissolved; and that your Honor 
 will grant such other and further relief as equity may require; 
 and your orator, as in duty bound &c. 
 
 Stuart & Lincoln 
 Solicitors for comp 
 Samuel Rogers 
 
 l 
 
 vs [ Bill for Divorce 
 
 J 
 
 Polly Rogers 
 
 Filed & Issued Aug. 14 
 1838 
 
 Wm Butler Clk 
 
 Let process issue hereon 
 
 Stuart and Lincoln 
 
 PRAECIPE IN THE SUIT OF HART VS. HARRISON 
 
 AND HOUGHTON, AUGUST 16, 1838 
 
 (Herndon-Weik Collection) 
 
 This praecipe is not in the hand of Mr. Lincoln, but appears 
 
 to have been worded by him. The cover notations down to 
 
UNCOLLECTED WORKS OF LINCOLN 291 
 
 "Praecipe" also may have been in his hand as they evidence 
 certain characteristics of his penmanship. Harrison, one of the 
 defendants in this case, was long a friend and political supporter 
 of Mr. Lincoln. Powers in his "Early Settlers of Sangamon 
 County" {Springfield, 1876) repeats some of the piquant stories 
 of pioneer days which Harris, who came from Virginia to Illinois 
 in 1823, delighted to tell in old age. 
 
 _,. , TT -^ . r , ^ In the circuit court for 
 
 Rhoda Hart. Executrix of the 1 s mon count Illinois . to 
 
 hst will & testament of Moses ^ Qctober term thereoi for 
 
 Hart Deceased. Plaintiff J ^ yeaf A D lg38 
 
 Action of Trespass on the case upon promises Damage Five 
 hundred Dollars. 
 
 The clerk of the circuit court aforesaid will issue, summons 
 to the Defendants as above directed to the sheriff of Sangamon 
 county & returnable to the next term of said court. 
 
 Lincoln. For Pltff 
 Aug. 16th 1838. 
 Rhoda Hart ex. &c 
 
 vs 
 Peyton L. Harrison & 
 Elijah Houghton 
 
 Praecipe 
 Filed August 19th 1838 
 Wm Butler Clk 
 
 LIST DRAWN BY MR. LINCOLN OF NOTES DUE THE 
 
 ESTATE OF GEORGE SPEARS, 
 
 SEPTEMBER 3, 1838 
 
 The debtors who figure in this list were residents of the New 
 Salem neighborhood. Thomas Jefferson Nance who had come 
 from Kentucky to be a school-teacher in Illinois, later served in 
 the Legislature. An interesting letter addressed to him by Mr. 
 Lincoln is owned by one of his descendants, but it has not been 
 possible to secure a copy of it for inclusion in these pages. The 
 original of the Spears list is now in the Illinois State Historical 
 Library. 
 
 The following is a correct list or inventory of the notes due /O 
 
 the estate of George Spears Sen. deceased — viz — 
 
 John Pemberton & T. J. Nance $ 50. 
 
 Joshua Nance & John M. Bigley " 24. 
 
292 UNCOLLECTED WORKS OF LINCOLN 
 
 Jacob Bale & Benjamin Gibbs "200. 
 
 Jacob Bale & Levi Summers 30. 
 
 Jacob Bale & James Goldsby 45. 
 
 Jacob Bale & Levi Summers 50. 
 
 James Goldsby & Levi Summers 80. 
 
 $479. 
 Also one note paid & 20. 
 
 $499. 
 In addition to the above collected 
 
 interest 60. 
 
 $559. 
 Sept 3 — 1838 George Spears Jr. 
 
 Executor of 
 George Spears Sen. deed — 
 
 DECLARATION IN THE SUIT OF DURLEY VS. MITTS 
 AND BALL, SANGAMON CIRCUIT COURT, 
 SEPTEMBER 10, 1838 
 (Herndon-Weik Collection) 
 The declaration and cover notations in this case, with one 
 exception, are from the pen of Lawyer Lincoln. The one excep- 
 tion is the date of filing in the hand of Butler. The Lincoln hand- 
 writing might be construed as giving a possible, "John," as the 
 first name of Mr. Durley, but it appears more like "Jehu." The 
 name of the defendants are penned by Mr. Lincoln as "Mitts and 
 Ball." It is possible that this may have been, "Mills and Ball," 
 but the characteristic Lincoln double "L" is not seen in the word, 
 "Mitts." The double "i," if it be this, is ctfotssed upon three dis- 
 tinct occasions. It is known that Mr. Lincoln infrequently left 
 double "t's" uncrossed, and crossed double "Vs" at times. The 
 name is given as it appears in the Lincoln hand. The paragraph 
 preceding the words, "Yet the said defendants (although often 
 requested so to do)," is an unusual feature in this paper and un- 
 common in the legal documents penned by Mr. Lincoln in his 
 novitiate. Judgment by default was rendered in favor of the 
 plaintiffs on October 15, 1838. Stuart & Lincoln represented 
 them. 
 State of Illinois ] ss 
 
 }» In the circuit court of said county 
 Sangamon county & circuit J — October Term, A. D. 1838 — 
 
UNCOLLECTED WORKS OF LINCOLN 293 
 
 Jehu Durley, plaintiff, complains of Jesse Mitts and Japhet 
 A. Bell, defendants, being in custody &c. of a plea of Tresspass 
 on the case upon promises : For that whereas, the said defendants, 
 heretofore, towit, on the ninth day of May in the year of our 
 Lord one thousand eight hundred and thirtyseven, at the county 
 and circuit aforesaid, made their certain promissory note in 
 writing, the date whereof is the day and year aforesaid, and 
 thereby then and there promised to pay on demand to the said 
 plaintiff the sum of one hundred dollars, drawing twelve per cent 
 interest per annum, for value received, and then and there de- 
 livered the said promissory note to the said plaintiff; by means 
 whereof, and by force of the statute in such case made and pro- 
 vided, the said defendants then and there became liable to pay 
 to the said plaintiff the said sum of money in the said promissory 
 note specified, according to the tenor and effect of the said promis- 
 sory note ; and being so liable, they, the said defendants, in con- 
 sideration thereof, afterwards towit, on the day and year afore- 
 said undertook and then and there faithfully promissed the said 
 plaintiff to pay him the said sum of money in the said promissory 
 note specified, according to the tenor and effect thereof — And 
 the said plaintiff in fact saith that afterwards, towit, on the 
 
 day of in the year 
 
 at the county and circuit aforesaid, payment of the said sum of 
 money, in the said promissory note specified was duly demanded 
 by the said plaintiff, of the said defendants according to the tenor 
 and effect of the said promissory note — 
 
 Yet the said defendants (although often requested so to do) 
 have not as yet paid to the said plaintiff the said sum of money 
 in the said promissory note specified, or any part thereof; but 
 sotodo have hitherto wholly neglected and refused, and still do 
 neglect and refuse; To the damage of the said plaintiff of the 
 sum of two hundred dollars and therefore he brings his suit &c. 
 
 The following is a copy of the instrument declared on — 
 "May 9 1837— 
 
 We or either of us promise to pay Jehu Durley one hundred 
 dollars on demand, drawing twelve per cent interest per anom 
 . . . for value received of him as witness our hands and seals this 
 day and date above written — 
 
 Jesse Mitts 
 Japhet A. Ball" 
 
294 UNCOLLECTED WORKS OF LINCOLN 
 
 Jehu Durley 
 
 l 
 
 vs [ Decln 
 
 J 
 
 Jesse Mitts & 
 Japhet A. . Ball 
 Filed Sep 10th 1838 
 WButler ck 
 
 DECLARATION IN THE SUIT OF ELLIS VS. NAVE, 
 
 SANGAMON CIRCUIT COURT, SEPTEMBER 10, 1838 
 
 (Herndon-Weik Collection) 
 
 This declaration and the cover notations are in the hand of 
 Mr. Lincoln, with the exception of the date of filing. One note 
 of interest lies in the omission of the word "our" preceding 
 "Lord" in the second line of the document. On October 19, 1838, 
 Nave defaulted, judgment was rendered in favor of Ellis, and 
 the clerk was ordered to assess the damages. 
 State of Illinois ] 
 
 j-ss 
 Sangamon county & circuit J In the circuit court of said county 
 
 —October Term A. D. 1838 
 
 Abner Y. Ellis, plaintiff, complains of Levi Nave defendant 
 being in custody &c of a plea of Tresspass on the case upon 
 promises: For that whereas the said defendant, heretofore, towit; 
 on the thirtyfirst day of March in the year of Lord one thousand 
 eight hundred and thirtyseven at the county and circuit aforesaid, 
 made his certain promissory note in writing, bearing date the day 
 and year aforesaid, and thereby then and there promised to pay, 
 twelve months after the date thereof, to the said plaintiff on order, 
 the sum of Four hundred and fifty dollars, for value received, and 
 then and there delivered the said promissory note to the said 
 plaintiff; by means whereof, and by force of the statute in such 
 case made and provided, he, the said defendant, then and there 
 became liable, to pay to the said plaintiff, the said sum of money 
 in the said promissory note specified, according to the tenor and 
 effect of the said promissory note ; and being so liable, he, the said 
 defendant, in consideration thereof, afterward, to wit : on the day 
 and year, and at the place aforesaid, undertook and then and there 
 faithfully promised the said plaintiff to pay him the said sum of 
 money in the said promissory note specified according to the tenor 
 and effect thereof — Yet the said defendant (although often re- 
 quested so to do ; and although the time specified for the payment 
 
UNCOLLECTED WORKS OF LINCOLN 295 
 
 of the said sum of money has long since elapsed) hath not as yet 
 paid to the said plaintiff the said sum of money in the said promis- 
 sory note specified, or any part thereof ; but so to do hath hitherto 
 wholly neglected and and refused, and still doth neglect and re- 
 fuse: To the damage of the said plaintiff Six hundred dollars 
 and therefore he brings his suit &c 
 
 Stuart & Lincoln 
 for Plff. 
 
 The following is a copy of the instrument declared on : 
 "$450 
 
 Twelve months after date I promise to pay Abner Y. Ellis 
 on order the sum of Four hundred and fifty dollars value re- 
 ceived — Witness my hand. March 31st 1837 
 
 Levi Nave" 
 A. Y. Ellis 
 
 1 
 vs j- Decln 
 
 J 
 
 Levi Nave 
 
 Filed Sept 10 1838 
 
 Wm Butler elk 
 
 ANTRIM CAMPBELL RECOMMENDED FOR PROSE- 
 CUTING ATTORNEY BY MR. LINCOLN AND 
 OTHERS, SEPTEMBER 13, 1838 
 
 On September 13, 1838, Josephus Hewett, wrote to Governor 
 Joseph Duncan resigning as prosecuting attorney of the first 
 judicial district of Illinois to which post he had been appointed 
 by that official. At the bottom of Hewett' s letter the writer, Mr. 
 Lincoln and five other members of the Sangamon Cottnty bar 
 joined in a recommendation that Antrim Campbell, who, as noted 
 above, had recently settled in Springfield, be appointed to suc- 
 ceed him. The original of this recommendation is now in the 
 Illinois State Archives. 
 
 We the undersigned to hereby certify that Antrim Campbell 
 has been engaged in the practice of the Law in Springfield for 
 eight months last past, and from our knowledge of his character 
 do believe him in every respect worthy of confidence and esteem. 
 And we do also cheerfully recommend him to his Excellency, 
 Joseph Duncan, Governor of the State of Illinois, as fully quali- 
 fied and competent to fulfill the duties of Prosecuting Attorney 
 
296 UNCOLLECTED WORKS OF LINCOLN 
 
 and would be much pleased to see him get the Appointment to 
 
 said office. 
 
 Stephen T. Logan, 
 E. D. Baker, 
 John T. Stuart, 
 Ninian W. Edwards, 
 Samuel H. Treat, 
 J. Hewett, 
 A. Lincoln, 
 Cyrus Walker. 
 
 SUMMONS AND DECLARATION IN THE SUIT OF 
 TROTTER VS. PHELPS, SEPTEMBER 15 AND 18, 1838 
 
 (Herndon-Weik Collection) 
 This summons, a printed form filled in and signed by But- 
 ler, is reproduced in order to afford full content of the case of 
 Trotter vs. Phelps. "Beareau" was the present Bureau County. 
 The note included in the declaration is in an unknown or un- 
 recognized hand. It was signed by Phelps. The original reveals 
 that Lawyer Lincoln did not transcribe this note in its pristine 
 glory, and one can excuse him. He missed the slightly humorous 
 note of the word, "Severely," for "severally" in the note, but he 
 may have chuckled over it. A comparison of such papers with 
 those of Mr. Lincoln are basis for the tradition of his being a 
 spelling champion. The indorsement of the note was signed by 
 Hill, but the rest of the cover notations were penned by Mr. 
 Lincoln. 
 
 The People of the State of Illinois 
 
 To the Sheriff of Beareau County — 
 
 Greeting 
 
 YOU are hereby commanded to summon Ebenezer S. Phelps 
 
 to be and appear before the Circuit Court of Sangamon County, 
 
 on the first day of the next term to be holden at Springfield, on 
 
 the 2nd Monday in the month of October next, to answer to 
 
 George Trotter In an action of Trespass on the case upon 
 
 Promises Damages Five hundred Dollars 
 
 And have you then there this writ. 
 (SEAL) 
 
 Witness, William Butler Clerk 
 of our said Court, at Springfield, 
 this 15 day of Sept A. D. 1838. 
 Wm Butler Clerk. 
 
> ss 
 
 UNCOLLECTED WORKS OF LINCOLN 297 
 
 Of the October Term of the Sangamon county Circuit 
 court in the year of our Lord one thousand eight 
 hundred and thirty eight — 
 
 State of Illinois 
 Sangamon county & circuit 
 
 George Trotter, plaintiff, complains of Ebenezer S. Phelps, 
 defendant, being in custody &c of a plea of Tresspass on the 
 case upon promises; For that whereas the said, defendant, here- 
 tofore, towit, on the twelfth day of March, in the year of our 
 Lord one thousand eight hundred and thirtyeight, at the county 
 & circuit aforesaid, made his certain promissory note in writing, 
 signing his name thereto, "E. S. Phelps" bearing date the day 
 and year aforesaid, and thereby then and there promised to pay, 
 Six months after the date thereof, to one Leroy L. Hill or order, 
 the sum of three hundred and fortyfive dollars with interest 
 from the date thereof at six per cent (meaning six per cent per 
 annum till paid, and then and there delivered the said promissory 
 note to the said Leroy L. Hill; And the said Leroy L. Hill, to 
 whom, or to whose order, the payment of the said sum of money 
 in the said promissory note specified was to be made, after the 
 making of the said promissory note, and before the payment of 
 the said sum of money therein specified, towit, on the same day 
 and year and at the same place aforesaid, assigned the said 
 promissory note by indorsement in writing thereon, by which 
 said assignment, he the said Leroy L. Hill, then and there or- 
 dered and appointed the said sum of money in the said promis- 
 sory note specified to be paid to the said plaintiff, and then and 
 there delivered the said promissory note so assigned as afore- 
 said, to the said plaintiff ; by means whereof, and by force of the 
 statute in such case made and provided, the said defendant, be- 
 came liable to pay to the said plaintiff, the said sum of money 
 in the said promissory note specified, according to the tenor and 
 effect, of the said promissory note; and being so liable, he, the 
 said defendant, in consideration thereof, afterwards, towit on the 
 same day & year & at the same place aforesaid, undertook, and 
 then and there faithfully promised the said plaintiff to pay him 
 the said sum of money in the said promissory note specified, 
 with interest according to the tenor and effect of the said promis- 
 sory note — 
 
 Yet the said defendant (although often requested so todo; 
 and although according to the tenor and effect of the said promis- 
 sory note, the said sum of money therein specified, has long since 
 
298 UNCOLLECTED WORKS OF LINCOLN 
 
 been due) hath not as yet paid to the said plaintiff the said sum 
 of money in the said promissory note specified, or any part there- 
 of ; but so to do hath hitherto wholly neglected and refused, and 
 still doth neglect and refuse — To the damage of the said plain- 
 tiff of five hundred dollars and therefore he brings his suit &c — 
 
 Stuart & Lincoln for Plff 
 The following is a copy of the instrument declared on: 
 "Six months after date we Jointly and severely promis to 
 pay Leroy L. Hill or order three hundred and fortyfive dollars 
 with interest from date at six per cent from date till — 
 March th 12. 1838. 
 
 E. S. Phelps" 
 (Assignment thereon) 
 "Pay to George Trotter 
 
 Leroy L. Hill" 
 
 George Trotter 
 
 1 
 
 vs )■ Decln 
 
 Ebenezer S. Phelps 
 
 Filed Sept 18th 1838 
 
 Wm Butler clerk 
 
 Trotter vs. Phelps: Original Note and Indorsement: 
 Six months after date we Jointly and Severely pomis to 
 pay Leroy L Hill or order three hundred and forty five dollars 
 with in ter- rest from date at Six per cent fom date till paid 
 March th 12 1838 
 
 Prin $345 
 
 Int— 12-07^ 
 
 E. S. Phelps 
 
 Amt. 357 07y 2 
 
 Pay to George Trotter 
 Leroy L. Hill 
 
 DECLARATION IN THE SUIT OF FELLOWS VS. 
 
 KELLAR AND SNYDER, MACON CIRCUIT COURT, 
 
 SEPTEMBER 19, 1838 
 
 With one or two exceptions, the declaration and quoted notes 
 
 in this case were drawn by Mr. Lincoln. The exceptions will be 
 
 found in the names, "Abraham, H." and "Albert G." preceding 
 
UNCOLLECTED WORKS OF LINCOLN 299 
 
 the names "Kellar" and "Snyder" respectively, in the sentence 
 beginning the document. In the phrase, "complain of Abraham 
 H. Kellar and Albert G. Snyder," there is a slight departure from 
 the handwriting of Mr. Lincoln, and it is the same handwriting 
 that zvas responsible for the same names in the praecipe and bond 
 in this case. It appears to be the penmanship of Mr. McGorin, 
 the clerk, who penned the cover notations. Attorney Lincoln 
 used the spelling "bussiness" for "business," an error not infre- 
 quent in his earlier legal documents. The hyphenated sixty 
 eight" was caused by reaching the end of the page. The results 
 of most Macon County cases for this period have not been made 
 available, but an agreement of March 24 1839, later to be re- 
 corded, may be regarded as the end of this suit. Thanks are due 
 to the Lincoln National Life Foundation of Fort Wayne for 
 photostats of this and other actions involving the same principals. 
 
 State of Illinois 
 
 fss 
 In the circuit court of said county 
 October Term— A. . D. 1838 — 
 
 William Fellows and Cornelius Fellows, trading and doing 
 business under the name style and firm of "W. & C. Fellows" 
 plaintiffs, complain of Abraham H. Kellar and Albert G. Snyder, 
 defendants, being in custody &c. of a plea that they render to the 
 said plaintiffs the sum of nine hundred and thirtyseven dollars, 
 and thirtytwo cents lawful money of the United States, which 
 they owe to and unjustly detain from them: For that whereas 
 the said defendants, heretofore towit, on the twentieth day of 
 July in the year of our Lord one thousand eight hundred and 
 thirtysix, at the county and circuit aforesaid by their certain 
 writing obligatory signed "ABR. H. Kellar" & "A. . G Snyder" 
 sealed with their seals and now shown to the court, the date 
 whereof is the day and year aforesaid, acknowledged themselves 
 to be held and firmly bound unto one Willis Oglesby in the sum 
 of four hundred and sixty-eight dollars and sixtysix cents, parcel 
 of the sum above demanded, to be paid to the said Willis Oglesby, 
 six months after the date thereof for value received, and the said 
 Willis Oglesby to whom the payment of the said sum of money 
 in the said writing obligatory specified was to be made, after 
 the making of the said writing obligatory, and before the pay- 
 ment of the said sum of money therein specified, towit on the 
 sixth day of September in the year and at the place aforesaid, 
 assigned the said writing obligatory by indorsement in writing 
 
300 UNCOLLECTED WORKS OF LINCOLN 
 
 thereon, signing his name thereto, "W. Oglesby" by which said 
 assignment the said Willis Oglesby then and there ordered and 
 appointed the said sum of money in the said writing obligatory 
 specified, to be paid to the said plaintiffs, by their aforesaid style 
 and description of "W. & C. . Fellows" and then and there de- 
 livered the said writing obligatory, so assigned as aforesaid, to 
 the said plaintiffs ; by means whereof and by force of the statute 
 in such case made and provided, the said sum of money in the 
 said writing obligatory, specified became due and payable to the 
 said plaintiffs, according to the tenor and effect of the said writ- 
 ing obligatory — 
 
 And whereas, also afterwards towit, on the same day and 
 year, and at the same place aforesaid, the said defendants, by 
 their certain other writing obligatory, signed "ABR. . H. Kellar" 
 and "A. . G. . Snyder" sealed with their seals and now shown 
 to the court, the date whereof is the day and year aforesaid, 
 acknowledged themselves to be held and firmly bound unto one 
 Willis Oglesby in the sum of four hundred and sixtyeight dol- 
 lars and sixtysix cents, parcel of the sum above demanded, to 
 be paid to the said Willis Oglesby one year after the date thereof, 
 for value received; and the said Willis Oglesby. to whom the 
 payment of the said sum of money in the said last mentioned 
 writing obligatory specified was to be made, after the making 
 of the said writing obligatory, and before the payment of the 
 said sum of money therein specified, towit, on the same day and 
 year, and at the same place aforesaid, assigned the said writing 
 obligatory, by indorsement in writing thereon, signing his name 
 thereto "W. Oglesby" by which said assignment, the said Willis 
 Oglesby then and there ordered and appointed the said sum of 
 money in the said last mentioned writing obligatory specified 
 to be paid to the plaintiffs, by their aforesaid style and description 
 of "W&C Fellows" and then and there delivered the said last 
 mentioned writing obligatory so assigned as aforesaid, to the said 
 plaintiffs ; by means whereof, and by force of the statute in such 
 case made and provided, the said sum of money in the said last 
 mentioned writing obligatory specified, became due and payable 
 to the said plaintiffs, according to the tenor and effect of the 
 said last-mentioned writing obligatory — 
 
 Yet the said defendants (although often requested so to do; 
 and although the time for the payment of the said several sums 
 of money in the said several writings obligatory specified have 
 both long since elapsed) have not as yet paid the said sum of 
 
UNCOLLECTED WORKS OF LINCOLN 301 
 
 nine hundred and thirtyseven dollars and thirtytwo cents above 
 demanded, or any part thereof to the said plaintiffs; but have 
 hitherto wholly neglected and refused, and still neglect and re- 
 fuse so to do — To the damage of the said plaintiffs of the sum 
 of one hundred dollars; and therefore they bring their suit &c. 
 
 Stuart & Lincoln 
 for Plffs— 
 The following are copies of the instruments declared on: 
 
 (In first count) 
 "Six months after date we promise to pay Willis Oglesbv 
 Four hundred and sixty eight dollars and sixty six cents for value 
 red as witness our hands and seals this 20th day. July 1836 
 
 ABR. H. Kellar (Seal) 
 A. . G. Snyder (Seal) 
 (Assignment thereon) 
 "Sept 6. 1836 for value red I assign the within to W & C. 
 Fellows. 
 
 W. Oglesby"— 
 (In second count) 
 "One year after date we promise to pay Willis Oglesby 
 Four hundred and sixtyeight dollars and sixtytwo cents for value 
 red as witness our hands and seals this 20th day July 1836 
 
 ABR. H. Kellar (Seal) 
 A. G. Snyder (Seal) 
 (Indorsement thereon) 
 "For value red I assign the within to W. & C. Fellows — 
 
 W Oglesby" 
 W. & C. Fellows 
 
 vs 
 Abraham H Kellar & 
 Albert G. Snyder 
 
 Filed 19th September 
 1838 
 
 PRAECIPE AND BOND IN THE SUIT OF FELLOWS VS. 
 
 SNYDER ET AL. MACON CIRCUIT COURT, 
 
 SEPTEMBER 19, 1838 
 
 This praecipe and bond were drawn by Mr. Lincoln with 
 
 the exception of the names, "Abraham H. Kellar, Albert G. 
 
 Snyder, and Willis Oglesby," which appear in both praecipe and 
 
 bond. The cover notations were penned by Clerk McGorin. It 
 
302 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 will be noted that Attorney Lincoln used the spelling, "oposite," 
 for the correct (t opposite." While he made fewer errors in spell- 
 ing than most of his colleagues, his errors were neither few, nor 
 rare. The double period after A. . in the name "A. . G. Snyder 
 & Co." reveals a Lincolnesque mark, and shows that this double 
 dot was not used alone after the "A" in "A. . Lincoln/' As al- 
 ready pointed out complete court records of these recently un- 
 earthed Macon County cases have not been made available by 
 studies to date. 
 
 William Fellows & Cornelius Fellows 
 
 trading and doing business under 
 
 the name style and firm of W. & C. Fellows 
 
 vs 
 Albert G. Snyder Willis Oglesby 
 and Abraham H Kellar 
 trading and doing business under the 
 name style & firm of A. . G. Snyder & Co. 
 
 Trespass on 
 the case upon 
 Promises — 
 Damage $6000-00 
 
 The clerk of the Macon county circuit court will issue process 
 in the above cases returnable to the next term of said court — 
 
 ,1 
 
 Stuart & Lincoln for PlfTs — 
 William Fellows & Cornelius Fellow 
 
 vs I Macon county 
 
 Albert G. Snyder Willis circuit court 
 
 Oglesby & Abraham H. Kellar 
 
 I do hereby enter myself security for costs in this case, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action, either to the oposite party or 
 to any of the officers of this court in pursuance of the laws of 
 this state — 
 
 A . . Lincoln — 
 Dated this 15th day of September A. D. 1838 
 
 W & C Fellows 
 
 vs 
 A G. Snyder & Co. 
 
 Filed 19th Sept 
 1838 
 
 H McGorin elk 
 
UNCOLLECTED WORKS OF LINCOLN 303 
 
 DECLARATION IN THE -SUIT OF FELLOWS VS. 
 
 SNYDER ET AL, MACON CIRCUIT COURT, 
 
 PROBABLY SEPTEMBER 19, 1838 
 
 As in the case of other documents in this suit, and that of 
 Fellows & Fellows vs. Kellar and Snyder, the names, "Albert 
 G. Snyder, Willis Oglesby and Abraham H. Kellar," were not 
 penned by Mr. Lincoln. With this exception, he was responsible 
 for drawing up the declaration. There is no da\te of filing given; 
 it was probably September 19, 1838. As the agreement of March 
 24, 1839, to be recorded later, concerned both the suk of Fellows 
 & Fellows against Kellar & Snyder, and the one against Snyder 
 & Company, it is reasonable to infer that this declaration was 
 filed at the same time as that in the case against Kellar & Snyder. 
 The two cases appear to have been a part of one complete action 
 against Snyder, Kellar, and Oglesby. Attorney Lincoln used 
 "tresspass" for "trespass," and "bussiness" for "business," a not 
 uncommon thing in his earlier legal documents. He is not always 
 consistent in the use of extra spacing, but on the whole, and 
 with consideration of legal documents of the period, it may be 
 said that this "long" Springfield lawyer penned some of the neat- 
 est and best worded legal papers of his day. 
 "$ 358.40 
 
 State of Illinois ] 
 
 [ ss In the circuit court of said county 
 Macon county & circuit] October Term A. D. 1838 
 
 William Fellows, and Cornelius Fellows, trading and doing 
 bussiness under the name style and firm of "W&C. Fellows" 
 plaintiffs, complain of Albert G. Snyder Willis Oglesby & Abra- 
 ham H. Kellar defendants, being in custody &c. of a plea of 
 Trespass on the case upon promises: For that whereas, the said 
 defendants, heretofore, to wit on the first day of March in the 
 year of our Lord one thousand and eight hundred and thirtyfive, 
 at Louisville, to wit, at the county and circuit aforesaid, by and 
 under the name, style and firm of "A. G. Snyder &Co" made 
 their certain promissory note in writing, the date whereof is the 
 day and year aforesaid, and thereby then and there promised to 
 pay, in six months from the date thereof, to the said plaintiffs by 
 the aforesaid style and description of "W. & C. Fellows" or 
 order, the sum of Eleven hundred and twenty four dollars and 
 seventynine cents, with interest after for value received; and 
 then and there delivered the said promissory note to the said plain- 
 tiffs ; by means whereof, and by force of the statute in such case 
 
304 UNCOLLECTED WORKS OF LINCOLN 
 
 made and provided, the said defendants then and there became 
 liable to pay to the said plaintiffs, the said sum of money in the 
 said promissory note specified, according to the tenor and effect 
 of the said promissory note; and being so liable, they, the said 
 defendants, in consideration thereof, afterwards, towit, on the 
 day and year & at the place aforesaid, undertook, and then and 
 there faithfully promised the said plaintiffs, to pay them the said 
 sum of money in the said promissory note specified, according to 
 the tenor and effect thereof — 
 
 And whereas also afterwards, towit, on the seventeenth day 
 of June in the same year, and at the place aforesaid, the said de- 
 fendants, by and under the same name style and firm of '"A. G. 
 Snyder &Co" made their certain other promissory note in writ- 
 ing, bearing date the day and year last aforesaid, and thereby 
 then and there promised to pay, six months after the date there- 
 of, to the said plaintiffs, by their aforesaid style and description 
 of "W&C. Fellows," or order, the sum of four hundred and one 
 dollars and one cent, for value received, and then and there de- 
 livered the said promissory note to the said plaintiffs; by means 
 whereof, and by force of the statute in such case made and pro- 
 vided, the said defendants then and there became liable to pay to 
 the said plaintiffs the said sum of money in the said last men- 
 tioned promissory note specified, according to the tenor and ef- 
 fect of the said last mentioned promissory note; and being so 
 liable, they, the said defendants, in consideration thereof, after- 
 wards towit, on the same day and year, and at the place last 
 aforesaid, undertook, and then and there faithfully promised the 
 said plaintiffs to pay them the said sum of money in the said last 
 mentioned promissory note specified, according to the tenor and 
 effect thereof — ' 
 
 And whereas also afterwards, towit, on the ninth day of 
 September in the same year, and at the same place aforesaid, the 
 said defendants, by the aforesaid name, style and firm, of "A. G. 
 Snyder & Co" made their certain other promissory note in writ- 
 ing, bearing date the day and year last aforesaid, and thereby 
 then and there promised to pay, Six months after the date there- 
 of, to the said plaintiffs, by the aforesaid style and description of 
 "W. &C. Fellows" or order, the sum of Twentyseven hundred 
 and eightythree dollars and seventyfive cents, for value received, 
 and then and there delivered the said last mentioned promissory 
 note to the said plaintiffs; by means whereof, and by force of 
 the statute in such case made and provided, the said defendants, 
 then and there became liable to pay to the said plaintiffs, the said 
 sum of money in the said last mentioned promissory note speci- 
 fied, according to the tenor and effect of the said last mentioned 
 
 
UNCOLLECTED WORKS OF LINCOLN 305 
 
 promissory note; and being- so liable, they, the said defendants, 
 in consideration thereof, afterwards, towit, on the same day and 
 year, and at the same place aforesaid, undertook, and then and 
 there faithfully promised, the said plaintiffs to pay them the said 
 sum of money in the said last-mentioned promissory note speci- 
 fied, according to the tenor and effect thereof — 
 
 And whereas also afterwards, towit, on the seventh day of 
 November in the same year, and at the same place aforesaid the 
 said defendants, by and under, the aforesaid name, style and 
 firm, of "A. G. Snyder &Co" made their certain other promissory 
 note in writing, bearing date the day and year last aforesaid, and 
 thereby then and there, promised to pay, Six months after the 
 date thereof, to the said plaintiffs, by the aforesaid style and de- 
 scription of "W & C. Fellows" or order, the sum of four hundred 
 and fiftyseven dollars and twenty two cents, for value received, 
 and then and there delivered the said last mentioned promissory 
 note, to the said plaintiffs ; by means whereof, and by force of 
 the statute in such case made and provided, the said defendants 
 then and there became liable to pay to the said plaintiffs, the said 
 sum of money in the said last mentioned promissory note speci- 
 fied, according to the tenor and effect of the said last mentioned 
 promissory note; and being so liable, they, the said defendants, 
 in consideration thereof, afterwards, towit, on the same day and 
 year, and at the same place last aforesaid, undertook, and then 
 and there faithfully promised the said plaintiffs to pay them, the 
 said sum of money in the said last mentioned promissory note 
 specified, according to the tenor and effect thereof — 
 
 And whereas also afterwards, towit, on the sixteenth day of 
 December in the year of our Lord one thousand eight hundred 
 and thirtyseven, at Decatur, towit, at the county and circuit afore- 
 said, the said defendants, by and under the aforesaid, name, style 
 and firm of "A. G. Snyder &Co" made their certain other prom- 
 issory note in writing, bearing date the day and year last afore- 
 said, and thereby then and there promised to pay, one day after 
 the date thereof, to the said plaintiffs, by their aforesaid, style 
 and description of "W.&.C Fellows" or order, the sum of eight 
 hundred and eightytwo dollars and one cent, for value received, 
 and then and there delivered the said last-mentioned promissory 
 note to the said plaintiffs; by means whereof and by force of 
 the statute in such case made and provided the said defendants 
 then and there became liable to pay to the said plaintiffs the said 
 sum of money in the said last mentioned promissory note speci- 
 fied, according to the tenor and effect of the said last mentioned 
 promissory note, and being so liable, they the said defendants, in 
 consideration thereof, afterwards, towit, on the same day and 
 
306 UNCOLLECTED WORKS OF LINCOLN 
 
 year, and at the same place last aforesaid, undertook, and then 
 and there faithfully promised the said plaintiffs to pay them the 
 said sum of money in the said last mentioned promissory note 
 specified, according to the tenor and effect thereof — 
 
 Yet the said defendants (although often requested sotodo; 
 and although the said several times for the payment of the said 
 several sums of money in the said several promissory notes speci- 
 fied, have all long since elapsed) have not as yet paid the said 
 several sums of money in the said several promissory notes speci- 
 fied, or either of them, to the said plaintiffs; but so to do have 
 hitherto wholly neglected and refused, and still do neglect and 
 refuse — To the damage of the said plaintiffs of the sum of Six 
 thousand dollars, and therefore they bring their suit &c. 
 
 Stuart & Lincoln for Plffs 
 
 On the reverse side of this sheet are copies of the notes de- 
 clared on: 
 
 (Note in first count) 
 "$1121 Dolls. 79 cts Louisville March 1 1835 
 
 For value received we the subscribers of Decatur county of 
 Macon and state of Illinois, promise to pay W & C. Fellows or 
 order Eleven hundred & twentyone dollars 79 cents in six months 
 with interest after 
 
 Attest 
 
 A.. G. Snyder & Co" 
 
 (In second count) 
 "$401 Dolls. $01 cts Louisville June 17 1835 
 
 Six months after date we the subscribers of Decatur, county 
 of Macon and state of Illinois promise to pay W & C. Fellows 
 or order Four hundred & one dollars 01 cents for value received 
 Attest 
 
 A.. G. Snyder & Co" 
 
 (In third count) 
 "$2783 Dolls. 75 cts Louisville Sept 9 1835 
 
 Six months after date we the subscribers of Decatur, county 
 of Macon and state of Illinois promise to pay W & C. Fellows 
 or order, Twentyseven hundred & eightythree dollars 75 cents 
 for value received 
 Attest 
 
 A.. G. Snyder & Co" 
 
 (In fourth count) 
 "$457 Dolls. 22 cts Louisville 7th Novem. 1835 
 
UNCOLLECTED WORKS OF LINCOLN 307 
 
 Six months after date we the subscribers of Decatur, county 
 of Macon and state of Illinois promise to pay W & C. Fellows 
 or order four hundred and fiftyseven dollars 22 cents for value 
 received. 
 
 Attest 
 
 A.. G. Snyder & Co" 
 
 (In fifth count) 
 "$882. 01/100 Decatur 16 December 1837 
 
 One day after date the subscribers of Decatur, county of 
 Macon and state of Illinois promise to pay W & C. Fellows or 
 order eight hundred and eightytwo dollars, one cent for value 
 received — 
 Attest 
 
 A. . G. Snyder & Co" 
 
 PRAECIPE AND BOND IN THE SUIT OF FELLOWS ET 
 
 AL VS. KELLAR AND SNYDER MACON CIRCUIT 
 
 COURT, SEPTEMBER 19, 1838 
 
 Mr. Lincoln drew up this praecipe and bond with the excep- 
 tion of the words "Abraham H" and "Albert G." which precede 
 the names of Kellar and Snyder respectively, in both praecipe 
 and bond. The cover notations are by Clerk McGorin. As is seen 
 in the praecipe, the case was based on collection of a debt, but a 
 more complete picture is given in the declaration of the case, filed 
 on the same day. As in many of the Lincoln legal papers recently 
 unearthed in the Macon County Court files, a case history has 
 not been made available by research to date. 
 
 William Fellows & Cornelius Fellows 
 
 trading and doing business under the In Debt — 
 
 name style and firm of W. & C. Fellows \ Debt— $938-32 cents 
 
 vs. I Damage "100-00 
 
 Abraham H. Kellar & Albert G. Snyder] 
 
 The clerk of the Macon county circuit court will issue pro- 
 cess in the above case, returnable to the next term of said court — 
 
 Stuart & Lincoln for PlfTs— 
 Sept. 19, 1838. 
 
 William Fellows & Cornelius Fellows ] 
 
 vs. I Macon County 
 
 Abraham H. Keller & Albert G. Snyder J Circuit Court— 
 
 I do hereby enter myself security for costs in this cause and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or to 
 
308 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 any of the officers of this court in pursuance of the laws of this 
 state — 
 
 Dated this 15th of September A. D. 1838— 
 
 A. Lincoln 
 W. & C. Fellows ) 
 
 vs > Precipe & 
 
 Kellar & Snyder Bond 
 
 Filed 19th September 
 1838 
 H McGorin elk 
 
 PRAECIPE AND BOND IN THE SUIT OF BAUM & 
 SHELDON VS. VAN BERGEN, SANGAMON CIRCUIT 
 COURT, SEPTEMBER 19, 1838 
 (From the Lincoln National Life Foundation) 
 This praecipe and bond were drawn by Mr. Loncoln. Peter 
 Van Bergen, a former creditor of Mr. Lincoln, was the defen- 
 dant in this case. Despite his bringing suit against Lincoln in 
 New Salem days, later on frequent occasions he was the client of 
 Lawyer Lincoln. The record, if any, has not been unearthed yet, 
 as regards this case. 
 Jacob Baum & John G. Shelton 
 Trading and doing business under 
 the name, style and firm of 
 Baum & Shelton 
 
 vs. 
 Peter Van Bergen 
 
 The clerk of the Sangamon County Circuit Court will issue 
 process herein returnable to the next term of this Court 
 
 Stuart &Lincoln 
 Jacob Baum & John G. Shelton 
 trading and doing business under 
 the name, style and firm 
 of Baum & Shelton 
 
 vs. 
 
 Trespass on the Case 
 upon Promises 
 Damage $250.00 
 
 for Plaintiff 
 
 Sangamon Circuit Court 
 
 Peter Van Bergen 
 
 I do hereby enter myself security for costs in this cause, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action, either to the opposite party or 
 to any of the officers of this Court, in pursuance of the laws of 
 this State. 
 
 A. Lincoln 
 
 Dated this 19th day of September, A. D. 1838 
 
UNCOLLECTED WORKS OF LINCOLN 309 
 
 DECLARATION IN THE SUIT OF HARLAND VS. 
 MOFFETT ET AL, SANGAMON CIRCUIT COURT, 
 SEPTEMBER 20, 1838 
 (Herndon-Weik Collection) 
 The date of filing is in the hand of Clerk Butler, but this 
 declaration and all other notations are in the handwriting of Mr. 
 Lincoln. The case is sometimes cited as Harlan vs. Moffett & Co., 
 but Lawyer Lincoln seems to have added a distinct, "d," after the 
 "n" in "Harlan." Judgment was rendered by the default of the 
 Moffetts, and Stuart and Lincoln added a victory to a most com- 
 mendable record on October 15, 1838. 
 
 State of Illinois 1 Of the October term of the 
 
 V ss circuit court for said county 
 Sangamon county & circuit ] in the year 1838 — 
 
 Silas Harland plaintiff, complains of John B. Moffett and 
 Thomas Moffett defendants being in custody &c of a plea of 
 Tresspass on the case upon promises : For that whereas the said 
 defendants, heretofore to wit, on the twenty-eighth day of De- 
 cember in the year of our Lord one thousand eight hundred and 
 thirtyseven at the county and circuit aforesaid, made their certain 
 promissory note in writing, bearing date the day and year afore- 
 said, and thereby then and there promised to pay on or before 
 the first day of April next ensuing, to the said plaintiff the sum of 
 three hundred and fiftyeight dollars and forty cents with twelve 
 per cent per annum interest thereon from the tenth day of August 
 1837 till paid — for value received, and then and there delivered 
 the said promissory note to the said plaintiff; by means whereof 
 and by force of the statute in such case made and provided, they, 
 the said defendants, then and there became liable to pay to the 
 said plaintiff, the said sum of money in the said promissory note 
 specified, according to the tenor and effect of the said promissory 
 note; and being so liable, they the said defendants, in considera- 
 tion thereof, afterwards, towit, on the day and year, and at the 
 place aforesaid, undertook, and then and there faithfully promised 
 the said plaintiff to pay him the said sum of money in the said 
 promissory note specified according to the tenor and effect there- 
 of— 
 
 Yet the said defendants (although often requested sotodo) 
 have not as yet paid the said plaintiff the said sum of money in 
 the said promissory note specified or any part thereof ; but so to 
 do hath hitherto wholly neglected and refused, and still do neglect 
 and refuse, to the damage of the said plaintiff of the sum of five 
 hundred dollars 
 
 And therefore he brings his suit &c Stuart &Lincoln 
 
 for Plff 
 
310 UNCOLLECTED WORKS OF LINCOLN 
 
 The following is a copy of the instrument declared on : 
 "On or before the first day of April next we or either of us 
 promise to pay to Silas Harland or order the sum of Three hun- 
 dred & fifty eight dollars & 40 cents with twelve per cent per 
 annum interest thereon from the tenth day of August 1837 til 
 paid value reed. Witness our hands this 28th day of December 
 A. D. 1837 
 
 John B. Moffett 
 Thomas Moffett" 
 Silas Harland 
 
 l 
 
 vs J- Decln 
 
 1 
 John B. Moffett & 
 
 Thomas Moffett 
 
 Filed Sept 20" 1838 
 Wm Butler Clk 
 
 PRAECIPE AND NOTES IN THE SUIT OF VAN 
 BERGEN VS. NEALE, SANGAMON CIRCUIT 
 COURT, SEPTEMBER 21, 1838 
 (Herndon-Weik Collection) 
 Mr. Lincoln drew this praecipe, but, as in most cases during 
 his first years at the bar, the cover notations are by Clerk Butler. 
 The word '"Dam" and the figures "400" are in the hand of At- 
 torney Lincoln, and the former, although almost too minute to 
 be seen, is distinctly Lincolnesque in character. In this case, both 
 plaintiff and client were friends of Mr. Lincoln. Van Bergen ap- 
 pears as the client of Stuart & Lincoln, in contrast to having been 
 plaintiff in a suit against Mr. Lincoln. Mr. Henry was James D. 
 Henry. He had been sheriff of Sangamon County, and in 1833, 
 as noted elsewhere, had received judgment against Lincoln and 
 Nelson Alley, for non-payment of a note signed by them. Neale 
 defaulted on October 15, 1838, and Mr. Lincoln gained a triumph, 
 if it may be so called, over his former employer in the surveyor's 
 office. 
 
 One day after date we promise to pay Peter 
 Van Bergen fifty nine dollars & forty cents for value 
 reed and if not paid to draw fifty per cent 
 interest untill paid Witness our hands & seals 
 this 25th of April 1832 T M Neale (Seal) 
 
 J D Henry (Seal) 
 
 The note bears none of the handwriting of Mr. Lincoln. 
 Neal & Henry 
 
UNCOLLECTED WORKS OF LINCOLN 311 
 
 No 26 
 
 $ 59.40 
 
 Received on the within $ 23.62J4 
 Ap 1837 
 Amt 207.70 
 49.40 
 
 158.30 
 1.70 
 
 160.00 
 1 
 
 None of the writing in this paper appears to be in the hand 
 of Lincoln, although "Ap 1837" was some of the figures are very 
 similar to his handwriting. 
 
 Due Peter Van Bergen or order twenty dollars for cash lent 
 April 21st 1837 
 
 T M Neale 
 
 Dam 400 
 
 Neale 
 Prin 20 
 Int 1.70 
 
 21.70 
 207.70 
 
 229.40 
 
 228.83 
 21.70 
 
 250.53 
 
 The words, "Neale, Prin and Int," were penned by Lincoln. 
 The figures are his also, and appear to be computation of the note 
 with interest in the case. There are dther figures upon the docu- 
 ment which appear to be further figuring upon the part of Lin- 
 coln, but which add no knowledge of interest to the paper, which 
 is slightly significant at beM. 
 Peter Van Bergen ] In Debt 
 
 vs \ Debt $ 79. 40— 
 Thomas M. Neale Damage 300 00 
 
312 UNCOLLECTED WORKS OF LINCOLN 
 
 The clerk of the Sangamon county circuit court will issue 
 process in the above case returnable to the next term of said 
 
 Stuart & Lincoln 
 for Plff 
 
 Peter Van Bergen 
 
 vs 
 Thomas M Neale 
 
 Filed Sept 21 1838 
 WButler 
 
 DECLARATION AND PRAECIPE IN THE SUIT OF 
 
 SHORT VS. QUINTON AND MORGAN, SANGAMON 
 
 CIRCUIT COURT, SEPTEMBER 21, 1838 
 
 (Herndon-Weik Collection) 
 
 This praecipe and declaration come from the hand and pen 
 of Abraham Lincoln *w do the cover notations, with the excep- 
 tion of the date on which the papers were filed. The word, "copy" 
 is spelled without the double "p" which Mr. Lincoln used often in 
 other documents. Joshua Short, the plaintiff, as elsewhere record- 
 ed, was on >early and helpful friend of Mr. Lincoln. One of the 
 defendants, Richard Quinton, was an active Democrat politician, 
 who took part in Mr. Lincoln's first debate of political issues on 
 July 11, 1836. Research to the present day has produced no record 
 of this case beyond the filing of the praecipe and declaration. 
 
 State of Illinois Of the October term of the 
 
 ss circuit court of said county 
 
 Sangamon county & circuit J in the year 1837- 
 
 Joshua Short plaintiff complains of Richard Quinton and 
 John Morgan defendants being in custody &c of a plea of Tress- 
 pass on the case upon promises : For that whereas said defendants, 
 heretofore, towit, on the first day of February in the year of our 
 Lord one thousand eight hundred and thirtysix, at the county & 
 circuit aforesaid made their certain promissory note in writing, 
 bearing date the day and year aforesaid, and thereby then and 
 there promised to pay, one day after the date thereof, to the said 
 plaintiff, or order, the sum of two hundred dollars with twelve 
 per cent interest from date until paid, for value received, and 
 then and there delivered the said promissory note to the said 
 plaintiff; by means whereof, and by force of the statute in such 
 case made and provided, the said defendants then and there be- 
 came liable to pay to the said plaintiff the said sum of money in 
 
UNCOLLECTED WORKS OF LINCOLN 313 
 
 the said promissory note specified according to the tenor and ef- 
 fect of the said promissory note; and being so liable, they, the 
 said defendants, in consideration thereof, afterwards towit, on the 
 same day & year, and at the same place aforesaid, undertook, and 
 then and there faithfully promised the said plaintiff to pay him 
 the said sum of money in the said promissory note specified, ac- 
 cording to the tenor and effect thereof — Yet the said defendants 
 (although often requested so to do, and although time for the 
 payment of the said sum of money in the said promissory note 
 specified, has long since elapsed) have not as yet paid to the said 
 plaintiff, the said sum of money in the said promissory note speci- 
 fied, or any part thereof; but so to do have hitherto wholly 
 neglected and refused, and still do, neglect and refuse — To the 
 damage of the said plaintiff of the sum of three hundred dollars, 
 and therefore he brings his suit &c. 
 
 Stuart &Lincoln 
 for Plff 
 The following is a copy of the instrument declared: 
 "One day after date we or either of us promise to pay Joshua 
 Short or order two hundred dollars with twelve per — 
 cent interest from date until paid, it being for value 
 received of him, so witness our hands this February the 
 
 1st 1836 
 done in the presents of 
 W. C. Brown 
 
 Richard Quinton 
 
 his 
 John + Morgan — " 
 marks 
 John Morgan ) 
 
 vs Tresspass on the case upon promises — 
 
 Richard Quinton & I Damage $ 300-00 
 
 Joshua Short 
 
 The clerk of the Sangamon county circuit court will issue 
 process on the above returnable to the next term of said court — 
 
 Stuart &Lincoln 
 for Plff— 
 Joshua Short 
 
 vs I Precipe & Decln 
 
 Richard Quinton & 
 
 John Morgan 
 
 Filed Sept 21 1838 
 Wm Butler ck 
 
314 UNCOLLECTED WORKS OF LINCOLN 
 
 DECLARATION IN THE SUIT OF VAN BERGEN VS. 
 
 NEALE, SANGAMON CIRCUIT COURT, 
 
 SEPTEMBER 22, 1838 
 
 Declaration of the plaintiff in the suit o\f Van Bergen vs. 
 Neale promptly followed the filing of the praecipe. 
 
 Peter Van Bergen plaintiff, complains of Thomas M. Neale, 
 defendant being in custody & of a plea that he the said defen- 
 dant, render, him the said plaintiff, the sum of seventynine dol- 
 lars and forty cents, lawful money of the United States, which 
 he owes to and unjustly detains from him : For that whereas the 
 said defendant, together with one J. D. Henry, heretofore, towit, 
 on the twentyfifth day of April in the year of our Lord one thou- 
 sand eight hundred and thirtytwo, at the county and circuit afore- 
 said by his certain writing obligatory, signed "T. M. Neale" and 
 "J- E>. Henry" sealed with his seal, and also with the seal of the 
 said J. D. Henry, and now shown to the court, the date whereof is 
 the day and year aforesaid, acknowledged himself, to be held 
 and firmly bound unto the said plaintiff in the sum of fiftynine 
 dollars and forty cents, parcel of the sum above demanded to be 
 paid to the plaintiff or order, one day after the date of the said 
 writing obligatory, "and if not paid to draw fifty per cent inter- 
 est until paid." 
 
 And whereas the said defendant, also, afterwards, towit, on 
 the twentyfirst day of April in the year of our Lord one thousand 
 eight hundred and thirtyseven, at the county and circuit aforesaid 
 made his certain promissory note in writing, signing his name 
 thereto "T. M. Neale" bearing date the day and year aforesaid 
 and then and there delivered the said note to the said plaintiff, 
 by which said note he the said defendant then and there promised 
 to pay to the said plaintiff, or order the sum of twenty dollars, 
 for cash lent, other parcel of the sum above demanded, by means 
 whereof, and by force of the statute in such case made and pro- 
 vided the said defendant then and there became liable to pay to 
 the said plaintiff the said sum of money in the said promissory 
 note specified according to the tenor and effect of the said promis- 
 sory note ; and, although the said sum of money in the said writ- 
 ing obligatory, and in the said promissory note specified have 
 both been long since due and payable according to the tenor and 
 effect of the said writing obligatory and of the said promissory 
 note, yet the said plaintiff in fact saith that the said defendant 
 (although often requested so to do) did not, nor would pay the 
 sum of fiftynine dollars and forty cents in the said writing obliga- 
 tory specified, or the said sum of twenty dollars in the said 
 promissory note specified, or any part of either of them to the 
 
UNCOLLECTED WORKS OF LINCOLN 315 
 
 said plaintiff, in manner aforesaid, or otherwise howsoever, but 
 hath hitherto wholly neglected and refused so to do, whereby an 
 action hath accrued to the said plaintiff to demand and have of 
 and from the said defendant the said sum of seventynine dollars 
 and forty cents above demanded — 
 
 To the damage of the said plaintiff of the sum of three hundred 
 dollars, and therefore he brings this suit &c. 
 
 Stuart & Lincoln 
 for Plff 
 The following are copies of the instruments declared on : 
 
 (In first count) 
 "One day after date we promise to pay Peter Van Burgen on 
 order fifty nine dollares & forty cents for value reed, and if not 
 paid to draw fifty per cent interest untill paid — Witness our 
 hands & seals this 25th of April 1832 
 
 T. M. Neale ** 
 J. D. Henry ** 
 
 (In second count) 
 
 "Due Peter Van Burgen or order twenty dollars for cash lent — 
 
 April 21 1837 T. M. Neale" 
 
 NOTICE OF SERVICE IN THE SUIT OF TROTTER VS. 
 PHELPS, BUREAU CIRCUIT COURT, 
 SEPTEMBER 24, 1838. 
 (Herndon-Weik Collection) 
 The words beginning with, "Executed by reading to," and 
 concluding with "state of Illinois," were zvritten by Attorney 
 Lincoln. "Beareu" was plainly a misspelling of the present day 
 Bureau County. The grounds for this case are found in the 
 declaration of September 18, 1838. The summons for Phelps 
 is the final document in the case as given in the Herndon-Weik 
 Collection. The defendant, Phelps, defaulted on October 15, 
 1838, and judgment was rendered in favor of the Stuart & Lin- 
 coln's client, Trotter. 
 
 George Trotter 
 
 1 
 
 vs \ Sums 
 
 Ebenezer S Phelps 
 
 To October Term 1838 
 Executed by reading to 
 Ebenzer S. Phelps, this 
 
316 UNCOLLECTED WORKS OF LINCOLN 
 
 Twenty fourth day of September 
 A. D. 1838— 
 
 C. Longworthy 
 Sheriff of Beaureau 
 county in the state of Illinois — 
 Sheriff Fee 
 Serving 50 
 
 Returning Sum 12 
 Princeton 
 Sep 
 25 
 111. 
 
 Wm Butler- 
 Clerk Circuit Court, 
 Springfield, Sangamon, Co. 111. 
 
 COMPLAINT IN THE SUIT OF BAKER VS. REEVES & 
 COMPANY, SANGAMON CIRCUIT COURT, 
 SEPTEMBER 24, 1838. 
 (Herndon-Weik Collection) 
 This entire document with the exception of the notations 
 on the outside cover by Clerk Butler is in the handwriting of 
 Mr. Lincoln. It is interesting to notice that he ran the hyphen- 
 ated words "^thirty-seven" together as one word, as he did in 
 the case of "sixty-one." The inclusion of the three words "so 
 to do" as "sotodo" is characteristic of many of the legal docu- 
 ments in the hand of Mr. Lincoln. As Edward D. Baker fre- 
 quently appears throughout the Lincoln letters and legal papers, 
 and is given full attention elsewhere in these volumes, he is here 
 noted merely as an intimate friend of Mr. Lincoln, whose tragic 
 death made a deep impression on a Civil War President. It 
 seems unlikely that a case involving Baker as plaintiff and Lin- 
 coln as counsel would be unrecorded in the books of the Sanga- 
 mon County Circuit Court, but studies up to Hhis time have not 
 made a case history available. 
 
 State of Illinois 
 
 Sangamon county & Circuit 
 
 Of the October term of 
 
 ►ss the circuit court of said 
 
 county in the year 1838 — 
 
 Edward D. Baker plaintiff complains of Mil ford O. Reeves, 
 
 Ephraim Darling defendants, being in custody &c of a plea of 
 
 Tresspass on the case upon promises. For that whereas the said 
 
 defendants, by and under the name style and firm of M. O. 
 
UNCOLLECTED WORKS OF LINCOLN 317 
 
 Reeves Co heretofore, towit on the nineteenth day of May in 
 the year of our Lord one thousand eight hundred and thirtyseven, 
 at Philada, that is to say, at the county and circuit aforesaid, 
 made their certain promissory note in writing, bearing date the 
 day and year aforesaid, and thereby then and there promised to 
 pay three months after the date thereof, to the order of Abbott 
 & Brothers the sum of eight hundred and sixtyone and three 
 hundredths of a dollar, for value received, and then and there 
 delivered the said promissory note to the said Abbott & Brothers; 
 and the said Abbott & Brothers, to whose order, the payment of 
 said sum of money in the said promissory note specified was to 
 be made, after the making of the said promissory note, and be- 
 fore the payment of the said sum of money therein specified, 
 towit, on the same day and year, and at the same place afore- 
 said, assigned the said promissory note, by indorsement in writ- 
 ing thereon, signing their names thereto "Abbott & Brothers" by 
 which said assignment, they, the said Abbott & Brothers, then 
 and there ordered and appointed the said sum of money in the 
 said promissory note specified, to be paid to the said plaintiff, 
 by means whereof, and by force of the statute in such cases 
 made and provided, the said defendants, then and there became 
 liable to pay to the said plaintiff, the said sum of money in the 
 said promissory note specified, according to the tenor and effect 
 of the said promissory note; and being so liable; they the said 
 defendants, in consideration thereof, afterwards, towit, on the 
 same day and year, and at the same place aforesaid, undertook, 
 and then and there faithfully promised the said plaintiff to pay 
 him the said sum of money in the said promissory note specified, 
 according to the tenor and effect thereof — 
 
 Yet the said defendants (although often requested sotodo; 
 and although the time for the payment of the said sum of money 
 in the said promissory note specified has long since expired) 
 have not as yet paid to the said plaintiff, the said sum of money 
 in the said promissory note specified, or any part thereof ; but 
 sotodo have hitherto wholly neglected and refused, and still do 
 neglect and refuse — To the damage of the said plaintiff of the 
 sum of one thousand dollars, and therefore he brings his suit &c. 
 
 Logan & Baker for Plffs. 
 
 The following is a copy of the instrument declared on : 
 "$861 03/100 Philada May 19th 1837. 
 
 Six months after date we promise to pay to the order of 
 
318 UNCOLLECTED WORKS OF LINCOLN 
 
 Abbott & Brothers, Eight hundred & sixtyone 03/100 Dollars 
 
 #/100 without defalcation for value received. 
 
 D. C. Springfield, 111. M. O. Reeves & Co." 
 
 E 
 
 (Assignment thereon) 
 "Pay to Edward D. Baker 
 
 Abbott & Brothers" 
 
 Tresspass on the case 
 upon promises — 
 Damage $1000-00 
 
 Edward D. Baker 
 
 vs. 
 Mil ford O. Reeves 
 Ephraim Darling trading 
 and doing business under 
 the name style & firm of 
 M. O. Reeves & co. 
 
 The clerk of the Sangamon circuit court will issue process 
 on the above returnable to the next term of the court — 
 
 Logan & Baker for Plffs 
 184 
 Edward D. Baker 
 
 vs. 
 M. O. Reeves & Co. 
 Filed Sept 24 1838 
 W Butler elk 
 
 REPLICATION OF COMPLAINANTS TO ANSWER OF 
 
 DEFENDANTS IN THE SUIT OF STRINGFIELD HEIRS 
 
 VS. ORENDORFF HEIRS, SANGAMON CIRCUIT 
 
 COURT, SEPTEMBER 26, 1838. 
 
 This replication is entirely in the hand of Mr. Lincoln. 
 Stuart & Lincoln lost the case on July 20, 1839, when the com- 
 plainants' bill was dismissed, but two days later, unwilling to 
 accept defeat, they filed the affidavit of one John Strode and, 
 on the allegations there set forth, moved that the court set aside 
 this decree. This motion was sustained, and the case continued 
 with the complainants paying the costs. 
 
 These repliants, saving and reserving unto themselves all 
 and all manner of advantage of exception to the manifold in- 
 sufficiencies of the said answer, for replication thereto say that 
 they will aver and prove their said bill to be true, certain, and 
 sufficient in the law, to be answered unto, and that the said 
 answer of the said defendants is uncertain, untrue and insuf- 
 ficient to be replied unto by this repliant; without this, that any 
 
UNCOLLECTED WORKS OF LINCOLN 319 
 
 other matter or thing whatsoever in the said answer contained 
 material or effectual in the law to be replied unto confessed and 
 avoided traverned or denied is true ; all which matters and things 
 these repliants are and will be ready to aver and prove as this 
 honorable court shall direct, and humbly pray as in and by their 
 said bill they have already prayed — 
 
 Stuart & Lincoln for Complts. 
 
 Stringfield Heirs 
 
 ) 
 
 Ads [- Replication 
 
 J 
 
 Orendorff Heirs 
 
 Filed Sept 26 1838 
 Wm Butler Clk. 
 
 PLAINTIFF'S COMPLAINT IN THE SUIT OF 
 WILLIAMS VS. CABANISS AND CABANISS, 
 SEPTEMBER 27, 1838 
 (Herndon-Weik Collection) 
 The complaint in this suit was drawn by Mr. Lincoln. The 
 Cabaniss brothers had given their note for $100 current money of 
 Kentucky. Owens, after holding the note for fifteen years, as- 
 signed it to Williams, who through Stuart & Lincoln now sought 
 to collect the loan. On August 13, 1838, Mr. Lincoln had filed 
 a notice with the clerk of the Sangamon Circuit Court, the ori- 
 ginal of which is now in the Illinois State Llistorical Library, and 
 entered himself security for costs. The defendant filed his plea 
 on October 16, and the case came to trial on July 10, 1839, when 
 the jury, manifestly taking into account the long period of delay 
 that had preceded the effort to effect collection, found for the 
 defendant. James M- Cabaniss, the senior defendant in this case, 
 was one of the group of veterans of the War of 1812 who hailing 
 from Kentucky had helped to settle Sangamon County, and with 
 the rank of captain had served under Harrison at the Battle of 
 the Thames. Later in civilian life he became an active and earnest 
 Whig, and as such a supporter and follower of Mr. Lincoln. 
 
 State of Illinois Of the October term of the 
 
 J-ss circuit court of said county, 
 Sangamon County & Circuit J in the year 1838 — 
 
 Albert G. Williams, plaintiff, complains of John M. Cabaniss 
 and George Cabaniss, defendants, being in custody &c of a plea 
 
320 UNCOLLECTED WORKS OF LINCOLN 
 
 of breach of covenant. For that whereas heretofore to wit, on 
 the sixteenth day of August in the year of our Lord one thou- 
 sand eight hundred and twentytwo, at the county and circuit 
 aforesaid, by a certain instrument in writing then and there 
 made, which instrument, in writing signed by the said John M. 
 Cabaniss, thus, "J. M. Cabaniss" and signed by the said George 
 L. Cabaniss in his full name, and sealed with the seal of each 
 of the said defendants, the said plaintiff now brings here into 
 court, the date whereof is the same day and year aforesaid, it 
 was witnessed, that the said defendants, in consideration of value 
 received by them and from one Nathaniel Owens, then and there 
 jointly and severally bound themselves to pay one day after the 
 date of the said instrument in writing to the said Nathaniel 
 Owens, by the style and description of "Nathl. Owens" one 
 hundred dollars current money of Kentucky. And the said 
 Nathaniel Owens, to whom the payment of the said one hundred 
 dollars current money of Kentucky, in the said instrument in 
 writing specified, was to be made, after the making of the said 
 instrument, in writing and before the payment of the said one 
 hundred dollars current money of Kentucky therein specified 
 was made, towit, on the twenty fifth day of September in the 
 year of our Lord one thousand eight hundred and thirtyseven, 
 at the county and circuit aforesaid, assigned the said instrument 
 in writing by indorsement in writing thereon, signing his name 
 thereto "Nathl. Owens" by whch said assignment, he, the said 
 Nathaniel Owens, then and there ordered and appointed, the said 
 one hundred dollars current money of Kentucky in the said in- 
 strument, in writing, specified, to be paid to the said plaintiff, 
 Albert G. Williams, and then and there delivered the said in- 
 strument, in writing, so assigned as aforesaid, to the said plain- 
 tiff — by means whereof, and by force of the statute in such case 
 made and provided, the said one hundred dollars, current money 
 of Kentucky in the said instrument, in writing, specified, became 
 due and payable, by the said defendants, to the said plaintiff, 
 according to the tenor and effect of the said instrument, in writ- 
 ing. Yet the said defendants (although the time for the pay- 
 ment of the said one hundred dollars, current money of Ken- 
 tucky, in the said instrument, in writing, specified has long since 
 expired) have not kept their said covenant in the said instru- 
 ment, in writing, specified, but have broken the same, in this : 
 that they have not as yet paid, either to the said Nathaniel 
 Owens, or to the said plaintiff after the said assigning thereof, 
 the said one hundred dollars current money of Kentucky, or any 
 
UNCOLLECTED WORKS OF LINCOLN 321 
 
 part thereof or any other money or property in lieu thereof, but 
 so to do have hitherto wholly neglected and refused and, still do 
 neglect and refuse — To the damage of the said plaintiff of the 
 sum of three hundred dollars, and therefore he brings his suit &c 
 
 Stuart & Lincoln 
 for Plff 
 Sept 27, 1838 
 
 The following is a copy of the instrument declared on : 
 "One day after date we bind ourselves jointly and severally 
 to pay Nathl. Owens one hundred dollars current money of 
 Kentucky. Value reed, witness our hands and seals this 16th 
 of August 1822 
 
 J. M. Cabaniss* 
 George W. Cabaniss* 
 Test. George W. Davis 
 
 (Assignment thereon) 
 "I assign the within to Albert G. Williams this 25th of 
 Sept. 1837. 
 
 Natl. Owens" 
 
 PETITION IN THE SUIT OF HURST VS. RAGSDALE, 
 SANGAMON CIRCUIT COURT, SEPTEMBER 28, 1838. 
 
 This petition and quoted copies of the notes are in the hand 
 of Abraham Lincoln, who also signs the petition for Charles R. 
 Hurst. The words, "first note," and "second note" in paren- 
 theses over the original notes, appear to have been penned by 
 Mr. Lincoln, The notes were signed by Ragsdale, and the as- 
 signments by James Bell and Company, but the penmanship of 
 the notes is not clear. It is the same hand that has written the 
 notations concerning the original notes. Lawyer Lincoln was 
 slightly careless as he used a small "i" in interest, where the 
 original note had it as "Interest." He was usually accurate in 
 transcription of these notes, and it will be noted that he wrote 
 "dollars" in note one, but changed it to the "dolls" of the origi- 
 nal note. He failed to correct the erroneous grammar of "debts 
 remains unpaid," a fault not customary with him. On motion 
 of the plaintiff's attorney, Mr. Lincoln, the case was dismissed 
 on October 9, 1838. 
 Sangamon Circuit court, Set: 
 
 Charles R. Hurst, plaintiff states that he holds two notes 
 on the defendant Daniel Ragsdale, in substance as followeth — 
 First. 
 
322 UNCOLLECTED WORKS OF LINCOLN 
 
 "$100. Due James Bell & Co one hundred dollars with 
 interest from 1 January 1837 at the rate of 6 per cent per 
 annum— Springfield 16 Sept. 1837. Danid Ragsdale » 
 
 (Second — ) 
 
 "212. 08 on or before the 1st day of January 1838 I promise 
 to pay James Bell & Co Two hundred twelve dolls, and eight 
 cents for value reed Springfield 16 Sept. 1837. 
 
 Daniel Ragsdale" 
 on the first of which is the following assignment — 
 "Pay to Charles R. Hurst 
 
 James Bell & Co" 
 and on the second of which is the following assignment — 
 and credit — 
 
 "Pay to Charles R. Hurst 
 
 James Bell & Co" 
 "Dec. 29, 1827 Reed on the within 
 Note one hundred dolls" 
 Whereby the plaintiff hath become the proprietor thereof 
 of which the defendant hath had due notice — 
 
 Yet the same debts remains unpaid, wherefore he prays 
 judgment for his debt and damages for the detention of the 
 same together with his costs — 
 
 Charles R. Hurst — 
 (first note) 
 $100 — Due James Bell & Co one Hundred dolls with Interest 
 from 1 January 1837 at the rate of 6 per cent per annum — 
 Springfield 16 Sept. 1837. Danie , Ragsdale 
 
 12 p cnt per agreement 
 2 
 D. Ragsdale 
 $100 
 Due 1 Jany 1837 
 Dec 29 1837 Reed 
 on the within Note 
 one Hundred doll 
 pay to Charles R. Hurst 
 
 James Bell & Co 
 
 (Second note) 
 212.08 On or before the 1st day of January 1838 I promise 
 to pay James Bell & Co Two Hundred and Twelve dolls and eight 
 cents for value reed Springfield 16 Sept. 1837. 
 
 Daniel Ragsdale 
 
UNCOLLECTED WORKS OF LINCOLN 323 
 
 20 
 Daniel Ragsdale 
 
 212.08 
 Due 1 Jany 1838. 
 pay to Charles R. Hurst 
 
 James Bell & Co 
 53 
 Charles R Hurst 
 
 1 .. 
 
 vs J- Petition 
 
 J 
 
 Daniel Ragsdale 
 
 Filed Sept 28th 1838 
 Wm Butler Clk 
 
 DECLARATION AND NOTES FOR AN ABSTRACT IN 
 
 THE SUIT OF THOMPSON VS. OSBORN, SANGAMON 
 
 CIRCUIT COURT, SEPTEMBER 29, 1838. 
 
 (Herndon-Weik Collection) 
 
 This declaration is from the pen of Lawyer Lincoln, as are 
 the cover notations, with the exception of the date of filing. The 
 use of "last-mentioned" is not common in his legal papers and 
 he reverts to "last mentioned" near the conclusion of the declara- 
 tion. He changes the order and monotony of "false, scandalous, 
 malicious, and defamatory words" to another phrasing in his final 
 use of these words. "Trespass" is written "Tresspass," a frequent 
 occurrence as Mr. Lincoln used both spellings for the word. 
 Thompson asked much, and got little, for on March 7, 1839, by 
 agreement, [ the case was dismissed, court costs being paid by the 
 defendant. 
 
 The notes for an Abstract is also in the hand writing of Mr. 
 Lincoln. It is undated, and has no case citation, but there is a 
 striking similarity between it, and the declaration which Lincoln 
 filed in the slander case of Thompson vs. Osborn. It is here 
 placed below the declaration to permit of a comparison of the 
 statements in the undated abstract, and those in the declaration 
 in the case cited. 
 
 The day on which this case was begun, September 28, 1838, 
 was a great day in Springfield, for in the afternoon 2,000 Whigs 
 and Conservatives celebrated Stuart's election to Congress with 
 a barbecue and speeches at Porter's Grove. One of the speakers 
 was Mr. Lincoln, who, according to the Alton Telegraph of Octo- 
 
324 UNCOLLECTED WORKS OF LINCOLN 
 
 her 20, was "pithy in his own peculiar style, and showed off some 
 of the prominent features of Mr. Van Buren's administration." 
 
 State of Illinois Of the October term of the 
 
 [ss circuit court of said county 
 Sangamon county & Circuit in the year 1838 — 
 
 George W. Thompson, plaintiff, complains of Stephen Os- 
 born, defendant, being in custody &c. of a plea of Tresspass on 
 the case : For that whereas the said plaintiff now is a good, true, 
 honest, just, and faithful citizen of this state, and as such hath 
 always behaved and conducted himself, and until the committing 
 the several grievances by the said defendant, as herein after men- 
 tioned, was always reputed, esteemed, and accepted by and 
 amongst all his neighbours and other good and worthy citizens 
 of this state, to whom he was in anywise known, to be a person 
 of good name, fame and credit, towit ; at the county and circuit 
 aforesaid. And whereas also, the said plaintiff hath not ever 
 been guilty, or until the time of the committing of the said sev- 
 eral grievances by the said defendant, as herein after mentioned, 
 been suspected to have been guilty of swearing falsely, or any 
 other such crime. By means of which said premises, he the said 
 plaintiff, before the committing of the said several grievances 
 by the said defendant as herein after mentioned, had deservedly 
 obtained the good opinion and credit of all his neighbours, and 
 other good citizens of this state, to whom he was in any wise 
 known, towit, at the county and circuit aforesaid. And whereas 
 also, before committing of the said several grievances, by the 
 said defendant, as hereinafter mentioned a certain action had 
 been depending before one of the Justices of the Peace in and 
 for the county of Sangamon aforesaid, wherein one Joel Johnson 
 was plaintiff, and one George Gregory was the defendant, and 
 which said action had been then lately tried at the county afore- 
 said, and on such trial the said plaintiff in this action, had been, 
 and was examined on oath, and had given his evidence as a 
 witness for and on the part and behalf of the said Johnson 
 towit, at the county and circuit aforesaid. Yet the said defendant 
 in this action, well knowing the premises, but greatly envying 
 the happy state and condition of the said plaintiff, Thompson 
 and contriving, and wickedly and maliciously intending to injure 
 the said plaintiff Thompson in his said good name, fame, and 
 credit, and to bring him into public scandal, infamy and disgrace, 
 with and amongst all his neighbours, and other good and worthy 
 citizens of this state, and to cause it to be suspected and believed 
 
UNCOLLECTED WORKS OF LINCOLN 325 
 
 by those neighbours and citizens, that he the said plaintiff Thomp- 
 son had been and was guilty of swearing falsely, and to vex, 
 harrass, and oppress, impoverish, and wholly ruin him the said 
 plaintiff, Thompson heretofore, towit, on the twentyfourth day 
 of September in the year of our Lord one thousand eight hun- 
 dred and thirtyeight, at the county and circuit aforesaid in a 
 certain discourse which he the said defendant Osborn then and 
 there had with the said Plaintiff, Thompson of and concerning 
 him the said plaintiff, Thompson in the presence and hearing of 
 divers good and worthy citizens of this state, then and there, in 
 the presence of the said last-mentioned citizens, falsely and mali- 
 ciously spoke and published to, of and concerning the said plain- 
 tiff, Thompson and of and concerning the evidence he gave on 
 the aforesaid trial between Johnson & Gregory these false, scan- 
 dalous, malicious, and defamatory words following; that is to 
 say, "You (meaning the said plaintiff) have been swearing lies 
 for Johnson," thereby, then & there meaning that the said plain- 
 tiff Thompson had been guilty of swearing falsely — And after- 
 wards, towit on the same day and year, and at the same place 
 aforesaid, in a certain other discourse which the said defendant 
 Osborn then and there had, in the presence and hearing of one 
 Counsel Sampson and of divers other good and worthy citizens 
 of this state, he the said defendant, further contriving and in- 
 tending as aforesaid, then and there, in the presence and hearing 
 of the last-mentioned citizens, falsely and maliciously spoke and 
 published, of and concerning the said plaintiff, Thompson of and 
 concerning the evidence he gave in the aforesaid trial between 
 the said Johnson and Gregory, these other false, scandalous, 
 malicious, and defamatory words following, that is to say, "You 
 (meaning the said plaintiff, Thompson) did swear a lie" thereby 
 meaning the said plaintiff, Thompson had been guilty of swearing 
 falsely and afterwards towit, on the same day and year, and at 
 the same place aforesaid, in a certain other discourse the said 
 defendant, Osborn, then and there had in the presence of and 
 hearing of divers good and worthy citizens of this state, he the 
 said defendant, Osborn, further contriving and intending as 
 aforesaid, then and there, in the presence and hearing of the 
 said last metioned citizens, falsely and maliciously spoke and 
 published of and concerning the said plaintiff, Thompson, these 
 other false, malicious, scandalous, and defamatory words follow- 
 ing, that is to say "You" (meaning the said plaintiff Thompson) 
 "have been swearing lies" thereby, then and there meaning the 
 
326 UNCOLLECTED WORKS OF LINCOLN 
 
 said plaintiff Thompson, had been guilty of swearing falsely — 
 By means of which several grievances the said plaintiff Thomp- 
 son, hath been greatly injured, towit, in the sum of one thousand 
 dollars wherefore he brings this suit &c. 
 
 Stuart & Lincoln p q. 
 George W. Thompson 
 
 l 
 
 vs )■ Decln 
 
 J 
 
 Stephen Osborn — 
 
 Filed Sept 29 1838 
 
 Wm Butler ck 
 
 NOTES FOR AN ABSTRACT, UNDATED 
 
 1. "You swore falsely" 
 
 2. "You swore a lie" 
 
 3. "You swore a lie" "You swore false" "You swore to a 
 lie and I will have your oath taken away from you 
 before Saturday night" 
 
 4. "He swore a lie, and he would have his oath taken from 
 him before Saturday night" 
 
 5. "He swore to a lie, and I will have his oath taken from 
 him before Saturday night" 
 
 ENTRIES IN THE CASH BOOK OF STUART & 
 
 LINCOLN, OCTOBER, 1838 
 Both of the entries here reproduced are in the hand of Mr. 
 Lincoln. His partnership with John T. Stuart which began on 
 April 12, 1837 lasted until April 14, 1841, at which time he be- 
 came a partner of Stephen T. Logan. It would appear that in 
 the second entry he originally gave the date as "1837," but later 
 corrected the "7" with an "8." The "8" which follows the dash 
 may have been his way of showing that he meant an "8." The 
 second entry is undated except for the year. 
 Allen & Stone To Stuart & Lincoln Dr 
 1838 Oct To case with Center $250 
 Wiley & Wood 
 
 To Stuart & Lincoln Dr. 
 1838-8 To defense of Chancery case of Eby $50.00 
 Credit by coat to Stuart— 15-00 
 
 $35.00 
 
UNCOLLECTED WORKS OF LINCOLN 327 
 
 COURT ORDER IN THE SUIT OF HART VS. SACKETT 
 
 ET AL, SANGAMON CIRCUIT COURT, 
 
 PROBABLY OCTOBER, 1838. 
 
 ( Herndon-Weik Collection) 
 
 Abraham Lincoln drew both the court order and the cover 
 notations of this document. The cover has no date, and is one 
 of the few Lincoln documents without date of filing. The date is 
 fixed as of October, 1838, because this was the fall term of 
 Sangamon County Circuit Court for that year. Rhoda Hart 
 speaks of John and Rhoda Sackett having confessed the plain- 
 tiff's bill at a former term of the couft. As her bill in chancery 
 was filed upon July 3, 1838, it was probably confessed at the 
 time. The court order concluded the case in favor of Rhoda 
 Hart, the client of Stuart & Lincoln, insofar as her suit against 
 the Sacketts was concerned. 
 
 Rhoda Hart — Complainant 
 
 against 
 John Sackett 
 Rhoda Sackett 
 Jefferson Hart 
 Melissa Jane Hart & 
 Rhoda Hart 
 Defendants 
 
 In chancery 
 
 This day came the complainant by her solicitor, and the said 
 John Sackett and Rhoda Sackett, having appeared at a former 
 term of this court, and confessed the truth of the complainants 
 Bill, in open court as appears of record; it is therefore ordered 
 by the court that said Bill be taken for confessed as to them; 
 And it appearing to the court that the said Jefferson Hart, 
 Melissa Jane Hart, & Rhoda Hart, have been regularly served 
 with process, and Antrim Campbell having been appointed 
 guardian ad litem to them, files his answer and says that he be- 
 lieves the allegations of said Bill are true, and that he knows 
 no reason consistent with the interest of his said wards why a 
 decree in accordance with the prayer of said Bill should not be 
 rendered ; and it appearing to the satisfaction of the court, that 
 the allegations of said Bill are true — It is therefore decreed by 
 the court, that sales of the real estate of Moses Hart deceased, 
 made by the complainant, as executrix of the said Moses Hart, 
 under the order of this court; towit, the sale of the West half 
 of the South West quarter of Section Twentyfour in Township 
 
328 UNCOLLECTED WORKS OF LINCOLN 
 
 Seventeen North of Range Seven West (reserving thereupon 
 
 one eighth of an acre containing a burying ground, to Hiram 
 
 Penny; of the East half of the same quarter, Section, Township 
 
 and Range, to Peyton L. Harrison; of the West half of the East 
 
 half of the North West quarter of the same Section, Township 
 
 and Range to Benjamin McElwain ; of the East half of the East 
 
 half of the same quarter, Section, Township and Range last 
 
 aforesaid, to Nancy Hart; and of fifty acres off the South end 
 
 of the East half of the South West quarter of Section Thirteen, 
 
 in the same Township and Range, to Elihu Bone, be confirmed 
 
 as against all the defendants to the said complainants Bill — 
 
 Rhoda Hart 
 
 1 
 vs [ Decree 
 
 J 
 
 John Sackett & others 
 
 PLEA TO SCIRE FACIAS IN THE SUIT OF SAMUEL 
 
 AND DEMENT VS. MOORE, SANGAMON 
 
 CIRCUIT COURT, OCTOBER 8, 1838. 
 
 ( Herndon- Weik Collection ) 
 
 This document is in the hand of Stuart, and the almost un- 
 readable scrawl is in marked contrast to the neat penmanship 
 of his partner. R is included as a Lincoln legal document, but 
 not as written by him. The cover notations are in Clerk But- 
 ler's hand. This is undoubtedly one of the earliest of the legal 
 cases of Mr. Lincoln. As is seen Samuel and Dement sought a 
 judgment against the estate of Sintz. Upon March 15, 1837, 
 Stuart & Lincoln represented Sintz in court. At that time, all 
 defendants in the case were rided io file their pleas. The follow- 
 ing day, Baker & Hewett, attorneys for the plaintiffs, moved for 
 a continuance which was granted. On July 6, 1838, the plain- 
 tiffs, informed the court that Sintz had died, and asked that his 
 administrator, Nicholas Moore, be made a party to the suit. This 
 was done, and on October 7, 1838, Stuart & Lincoln moved that 
 the suit be dismissed. This motion was granted, Moo're, the 
 client, of Stuart & Lincoln, recovering his costs in the case. 
 Henry Samuel 
 & William Dement 
 
 vs \ Scire Facias 
 
 Nicholas Moore 
 admr. of N. Sintz 
 
 This day came the said Nicholas Moore administrator of 
 
 
UNCOLLECTED WORKS OF LINCOLN 329 
 
 Nicholas Sintz. Deceased, and for Plea to said Scire Facias 
 says Plaintiffs to have and maintain their action aforesaid against 
 him as administrator aforesaid ought not because he says That 
 the matters and things in said Scire Facias as therein set forth, 
 are not sufficient in law for the Plffts. to have and maintain 
 their Scire Facias aforesaid and rebuts scire action against him 
 as aforesaid and this he is ready to verify &c. 
 
 Stuart & Lincoln 
 Nicholas Moore for Deft — 
 
 administrator of 
 Nicholas Sintz — 
 
 i 
 
 ads }- demurrer 
 
 J 
 
 Dements 
 
 Filed Oct 8 1838 
 
 Wm Butler Clk 
 
 ANSWER OF GUARDIAN AD LITEM IN THE SUIT OF 
 
 CASEY'S ADMINISTRATORS VS. CASEY'S HEIRS, 
 
 OCTOBER 11, 1838 
 
 (Herndon-Weik Collection) 
 
 In the answer here reproduced, the name "Cyrus Walker," 
 before the words "guardian ad litem" is in the hand of Walker, 
 who also signed it. The rest of this legal paper was penned by 
 Mr, Lincoln. The cover notations are the work of Butler. The 
 court agreed with the guardian ad litem, and decided that the 
 real estate of Casey be sold as prayed in the petition. The final 
 disposition of the land is set forth in the report filed on Novem- 
 ber 23, 1839, by John W. Patterson and John A. and Jane Casey. 
 
 The answer of Cyrus Walker guardian ad litem to Polly 
 Ann Casey, Margaret Stone, Alfred Stone, William Casey and 
 Joseph Casey minor heirs of Green Casey deceased, to the Peti- 
 tion of John W. Patterson, John A. Casey and Jane Casey ad- 
 ministrators and administratrix of the estate of the said Green 
 Casey deceased, for the sale of the real estate of the said de- 
 ceased — 
 
 This respondent says he has examined the said Petition and 
 papers therewith filed, and knows of no reason consistent with 
 the interest of said minors why the prayer of said Petition should 
 not be granted — 
 
 Cyrus Walker 
 
 Guardian ad litem 
 
330 UNCOLLECTED WORKS OF LINCOLN 
 
 Casey's Heirs 
 
 ] Ans 
 ads [ 
 
 J Guardian 
 Caseys admns 
 
 Filed oct 11th 1838 
 Wm Butler Clk 
 
 ORDER FOR ISSUE OF PROCESS, DECLARATION OF 
 
 PLAINTIFF AND ANSWER OF THE DEFENDANTS 
 
 IN THE SUIT OF JUDY VS. MANARY AND 
 
 CASSITY, SEPTEMBER 19 AND 20, AND 
 
 OCTOBER 16, 1838 
 
 The order for issue of process in this suit was drawn by 
 Mr. Lincoln, and the cover notations by Butler. The declaration 
 and copy of the quoted note were also penned by Mr. Lincoln, 
 but the date of filing is in the hand of Butler, while the words, 
 "Douglass in this case" can be ascribed with reasonable assurance 
 to Herndon or Weik. The plea of the defendants is in the hand 
 of Douglas. The latter 's careless scrawl contrasts sharply with 
 the neat penmanship of Mr. Lincoln, who penned the words "And 
 the plaintiff doth the like," signing "Stuart & Lincoln for Pllff." 
 This case was decided on March 12, 1839, when Judy secured a 
 judgment of $168.00, which Manary paid in full on May 30, 
 1839. Here again there was no doubt of the winner of a Lincoln- 
 Douglas contest, for Lincoln was the victor. Douglas had come 
 to have a high regard for the ability of Abraham Lincoln long 
 before they met in their history making debates. 
 
 And it was in the month of September, 1838, that there was 
 paid into the Federal Treasury under the will of James Smithson 
 the sum of $500,000 for the founding of the Smithsonian Insti- 
 tute, in whose affairs Mr. Lincoln when President was to mani- 
 fest deep and helpful concern. 
 
 Eli Judy 1 
 
 vs I Tresspass on the case upon promises — 
 
 James Manary & Damage $250-00 
 
 William Cassity 
 
 The clerk of the Sangamon county circuit court will issue 
 process on the above returnable to the next term of said court — 
 
 Stuart & Lincoln 
 for Plff 
 
UNCOLLECTED WORKS OF LINCOLN 331 
 
 Stephen A Douglas 
 appeared for defts. 
 Eli Judy 862 
 
 vs 
 James Menary 
 William Cassity 
 Filed Sept 19 1838 
 Wm Butler ck 
 
 State of Illinois ] Of the October term of the 
 
 [►ss circuit court of said county 
 Sangamon county & circuit in the year A. D. 1838 — 
 
 Eli Judy, plaintiff, complains of James Manary and William 
 Cassity, defendants, being in custody &c of a plea of Trespass 
 on the case upon promises : For that whereas, the said defendants, 
 heretofore, towit, on the twentysixth day of February in the year 
 of our Lord one thousand, eight hundred and thirtyeight, at the 
 county and circuit aforesaid, made their certain promissory note 
 in writing, bearing date the day and year aforesaid, and thereby 
 then and there promised to pay, on or before the first day of 
 August then next ensuing, to the said plaintiff the sum of one 
 hundred and fifty dollars, with twelve per cent interest from 
 date, and then and there delivered the said promissory note to 
 the said plaintiff; by means whereof, and by force of the statute 
 in such case made and provided, the said defendants then and 
 there became liable to pay to the said plaintiff the said sum of 
 money in the said promissory note specified, according to the 
 tenor and effect of the said promissory note; and being so liable, 
 they the said defendants, in consideration thereof, afterwards to- 
 wit, on the same day and year and at the same place aforesaid, 
 undertook, and then and there faithfully promised the said plain- 
 tiff to pay him the said sum of money in the said promissory 
 note specified, according to the tenor and effect thereof — Yet 
 the said defendants (although often requested so to do, and 
 although the said sum of money in the said promissory specified 
 has long since been due) have not as yet paid to the said plaintiff 
 the said sum of money in the said promissory note specified, or 
 any part thereof ; but sotodo, have hitherto wholly neglected and 
 refused, and still do neglect and refuse — To the damage of the 
 said plaintiff of the sum of two hundred and fifty dollars, and 
 therefore he brings his suit &c 
 
 Stuart & Lincoln 
 for Plff 
 
332 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 The following is a copy of the instrument declared on in 
 the declaration on the other side of this sheet: 
 "$150— 
 
 On or before the first of August Eighteen hundred and 
 thirtyeight we or either of us promise to pay Eli Judy the sum 
 of one hundred and fifty dollars with twelve per cent interest 
 from date — 
 
 Feb. the 26—1838 
 
 James Manary 
 William Cassity" 
 Witnesseth 
 
 David Crouch 
 
 180 98 
 
 Eli Judy 
 
 vs 
 James Manary & 
 William Cassity 
 
 Douglass in this case 
 Filed Sept 20 1838 
 Wm Butler elk 
 
 Decln 
 
 In the Sangamon circuit court 
 Oct Term 1838 
 
 James Manary et al ] 
 
 ads J- 
 
 Eli Judah J 
 
 And the said Defendants come and defend the wrong and 
 injury when &c and for pleas say that they did not undertake 
 and promise in manner and form as the said plaintiff hath alleged 
 against him and of this he puts himself upon his country 
 
 S. A Douglass 
 
 And the said Plaintiff doth the like 
 
 Eli Judah 
 
 vs 
 James Manary 
 
 & other 
 Piled oct 16th 1838 
 Wm Butler Clk 
 
 for Defts 
 
 Stuart & Lincoln 
 for Pllff 
 
UNCOLLECTED WORKS OF LINCOLN 333 
 
 PLEA IN THE SUIT OF HART VS. PENNY ET AL, 
 
 SANGAMON CIRCUIT COURT, OCTOBER 16, 1838. 
 
 (Herndon-Weik Collection) 
 
 In this plea the words, "and the Pltff doth the like &.c" are 
 in the same hand which appears in the praecipe of August 16, 
 1838. The cover notations are similar to the hand of Lincoln, 
 and may be by him. They do not appear to be in the hand of 
 Butler, and the "B" and other letters are in the small script 
 similar to Lincoln's hand and not Butler's. This case stemmed 
 from Rhoda Hart's petition to sell the lands of the deceased 
 Moses Hart. The argument of Penny may be found in that by 
 Peyton L. Harrison of October 20, 1838. The three agreements 
 of July 16, 1841 were all signed by Harrison, Penny and Mc- 
 Elwain, revealing that their cause against Rhoda Hart was a 
 common one. In this case, the cause was dismissed on July 18, 
 1841 by agreement of Penny to assume the court costs. 
 Rhoda Hart Exr 
 
 ) 
 
 vs \ 
 
 Hiram Penny et al 
 
 And the defdts come and defends the wrong and injury 
 when &c. and for plea: says that they did not promise and un- 
 dertake in manner and form as the said plffs in her declaration 
 has alleged and this they pray may be inquired of by the Country. 
 
 Logan & Baker p d 
 and Pltff doth the like &c 
 
 Lincoln Pro. Pltff 
 Harts Execir 
 
 vs. Plea 
 Hiram Penny 
 
 Filed oct 16 1838 
 Wm Butler elk 
 
 PLEA OF DEFENDANT AND GENERAL DEMURRER 
 
 AND JOINDER IN THE SUIT OF RHODA HART VS. 
 
 PEYTON L. HARRISON, OCTOBER 20, 1838 
 
 (Herndon-Weik Collection) 
 
 The only words in the document here reproduced penned by 
 
 Lawyer Lincoln were, "General replication & Joinder, Treat — 
 
 Logan & Baker," and "General Demurrer & Joinder" — "Treat & 
 
334 UNCOLLECTED WORKS OF LINCOLN 
 
 Campbell & Logan & Baker," which last is repeated in slightly 
 different style at its conclusion. The entire document appears to 
 be in the hand of Logan, while Butler penned the date of filing. 
 It is interesting to note that the client of Treat & Campbell, and 
 Logan & Baker was the same Harrison whom Lincoln had acted 
 for as plaintiff in the case of March, 1838 against Dickinson and 
 Taylor. 
 
 The case of Hart vs. Harrison was one of several suits and 
 counter suits arising out of the administration of the estate of 
 Moses Hart. Upon July 15, 1837, as noted elsewhere Mr. Lin- 
 coln appeared before the Illinois Legislature, and introduced an 
 act to authorise Rhoda Hart to sell and convey certain real estate. 
 In her bill of chancery of July 3, 1838, Rhoda Hart referred to 
 a court decree of the October term, 1837, decreeing the sale of 
 certain real estate. Acting upon this decree, she sold a tract of 
 land described in the bill to Peyton L. Harrison. Harrison's plea 
 as defendant in the case reveals the rest of the story with one ex- 
 ception. Lincoln represented Rhoda Hart, the plaintiff in the 
 case, which upon July 26, 1841 was dismissed by agreement with 
 Harrison paying the court costs. 
 
 Hart ] 
 
 vs \- 
 
 Harrison J 
 
 and the Defendant comes and defends the wrong and injury 
 when where &c and says the plaintiff actio non because he says 
 the note in the declaration mentioned was executed without any 
 valuable consideration, and this he is ready to verify wherefore 
 he prays judgment 
 
 Logan & Baker pd 
 General replication & Joinder — 
 
 Treat — Logan & Baker — 
 
 And for further plea in this behalf the said defendant says 
 the plaintiff actio non because he says that the note sued on was 
 executed for and in consideration of the purchase of a tract of 
 land sold by the plaintiff as administratrix of Moses Hart deed 
 under pretense of a certain decree and order rendered by the 
 Circuit Court for Sangamon County on the petition of the said 
 plaintiff as administratrix at the October Term of said court in 
 the year 1837 which decree and order remains of record in said 
 Court & is now here shown and that at the sale made by said 
 plaintiff under pretense of said decree the Defendant supposing 
 
UNCOLLECTED WORKS OF LINCOLN 335 
 
 said decree and order to be valid and effectual to authorize the 
 sale and conveyance of the land, therein mentioned purchased 
 the tract of land aforesaid and executed the note in the declara- 
 tion mentioned as part of the purchase money therefor and for 
 no other or further consideration, and the Deft avers that at the 
 time of rendering said decree 
 
 Rhoda Hart one of the Heirs of Moses Hart deed was an 
 infant under the age of 18 years and that no guardian ad litem 
 was appointed to answer and defend for said infant the plaintiff 
 further avers that Jefferson Hart Melissa Jane Hart & Rhoda 
 Hart infant Heirs of said Moses Hart deed children of David 
 Hart deed who was one of the sons of said Moses Hart, deed 
 and who were entitled to one undivided share of said lands were 
 not in any manner made parties to said petition for the sale of 
 the lands aforesaid wherefore he says that the decree and order 
 aforesaid were null and void And so he says that the considera- 
 tion for said note has wholly failed 
 
 All which he is ready to verify wherefore he prays Judg 
 
 Logan & Baker pd 
 
 And for further plea in this behalf the Defendant says the 
 plaintiff actio non because he says that the note in the declara- 
 tion mentioned was executed for and in consideration of a sale 
 made by plaintiif to Defendant of a certain tract of land under 
 pretense of a decree obtained by said plaintiff as admt of Moses 
 Hart deed authorizing the plaintiff to sell certain lands therein 
 mentioned which decree remains of record in said Court And 
 the Defendant avers that Jefferson Hart Melissa Jane Hart & 
 Rhoda Hart infant children of David Hart deed who was one 
 of the sons Heirs of said Moses Hart deed and who were infants 
 at the time of rendering said decree were Heirs of the said Moses 
 Hart deed and entitled to one undivided Eighth part of the said 
 tract of land so sold to Defendant and the Defendant avers that 
 Jefferson Hart Melissa Jane Hart & Rhoda Heirs of said 
 Moses Hart deed were in no wise made parties to said decree 
 nor were they in any manner bound thereby nor their interest in 
 said lands diverted by said decree and so Defendant says that 
 as to the sum of $ part of the note sued on the con- 
 
 sideration of said note has wholly failed All which he is ready 
 to verify wherefore he prays Judgment 
 
 Logan & Baker 
 
 P d 
 
336 UNCOLLECTED WORKS OF LINCOLN 
 
 General Demurrer & joinder 
 
 Treat & Campbell — Logan & Baker — 
 Rhoda Hart 
 
 vs 
 Peyton L. Harrison 
 Filed oct 20" 1838 
 Wm Butler Clk 
 
 AFFIDAVITS OF SAMUEL ROGERS AND ABRAHAM 
 
 LINCOLN IN THE SUIT OF ROGERS VS. ROGERS, 
 
 OCTOBER 20, 1838 
 
 ( Herndon-Weik Collection ) 
 
 The affidavit of Samuel Rogers here reproduced is signed 
 y in the scrawl of the plaintiff, but penned in the neat handwriting 
 
 of Mr. Lincoln. William Short may have been the son of Joshua 
 Short, who lived a few miles north of New Salem, and whose 
 will, written and attested by Abraham Lincoln, in 1836, reveals a 
 William Short as one of his sons. Joshua Short had a son-in- 
 law, James Short, who may have been a close friend of Mr. Lin- 
 coln. James Short, better known as "Uncle Jimmy/' lived but a 
 few miles north of New Salem, as did Joshua. There is no con- 
 clusive evidence, but perhaps consideration of both Polly Rogers 
 and the Short family may have influenced the action of Lincoln 
 in persuading his client to withhold the charge of adultery. It 
 would appear that Lincoln was not interested in injuring the 
 reputation of a woman, although he later filed the affidavit of 
 Rogers charging adultery, and on the same day, filed his own 
 affidavit stating that he had dissuaded Rogers from using the 
 charge in the original bill. 
 
 Mr. Lincoln drew his own affidavit in this case, zvhile the 
 notations of its being sworn, and those citing the case and file 
 date are in the hand of William Butler. The words "as there 
 was other sufficient grounds" may have been current legal phrase- 
 ology, or they may be regarded as an error in grammar by Law- 
 yer Lincoln. 
 Rogers vs. Rogers: Affidavit of Samuel Rogers: October 20, 1838 
 
 State of Illinois ~\ 
 
 Sangamon County 
 
 Samuel Rogers 
 
 vs t Divorce 
 
 Polly Rogers 
 
UNCOLLECTED WORKS OF LINCOLN 337 
 
 In this case, Samuel Rogers, being the complainant, being- 
 first duly sworn, says upon oath, that large alimony had been 
 decreed against him, that he can prove, and would have proved, 
 had he not been advised to the contrary by counsel that the said 
 Polly Rogers was guilty of adultery with one William Short, 
 while she lived with this affiant; that the allegation of adultery 
 (sic) against the said defendant, was omited (sic) in the com- 
 plainant's bill, for no other cause, than through tenderness to the 
 said defendant's character — that if he be permitted, he will yet 
 alledge (sic) and prove said charge of adultry against said de- 
 fendant — He therefore prays a new hearing of the case as to 
 the question of alimony — 
 
 Samuel Rogers 
 Sworn to and 
 Subscribed before me 
 this 20" day of oct 1838 
 
 Wm Butler Clk 
 
 Rogers 
 
 vs £ affa 
 
 Rogers 
 
 Filed oct 20" 1838 
 Wm Butler Clk 
 
 Samuel Rogers vs. Polly Rogers: Affidavit of A. Lincoln 
 October 20, 1838 
 
 State of Illinois 
 
 1 
 
 Sangamon County J 
 
 A. Lincoln, being first duly sworn says that he was employed 
 as counsel in the case of Samuel Rogers vs Polly Rogers for a 
 Divorce ; that he, this affiant, drew up the complainant's bill ; that 
 said complainant at that time told this affiant that he could prove 
 that the said defendant had been guilty of adultery with one 
 William Short — while she lived with said complainant; but that 
 affiant advised said complainant not to make the charge in his 
 bill, as there was other sufficient grounds upon which to obtain 
 a divorce, to wit, absence of more than two years — 
 
 A. Lincoln 
 
338 UNCOLLECTED WORKS OF LINCOLN 
 
 Sworn to and Subscribed 
 before me this 20" day of 
 Oct 20th 1838 
 
 Wm Butler Clk 
 
 Rogers 
 
 vs afTa 
 Rogers 
 
 Filed Oct 20" 1838 
 Wm Butler Clk 
 
 AMENDED BILL AND JOINDER IN THE DIVORCE 
 
 SUIT OF ROGERS VS. ROGERS, OCTOBER OR 
 
 NOVEMBER, 1838. 
 
 (Herndon-Weik Collection) 
 
 This amended bill of divorce was drawn by John T. Stuart, 
 while the replication and joinder appear to be in the hand of 
 Stephen T. Logan. The only words from the pen of Mr. Lin- 
 coln are, ''General Replication & Joinder Stuart & Lincoln Logan 
 & Baker." The attorneys for Polly Rogers spelled "allege" cor- 
 rectly, while Mr. Lincoln used i( alledge" frequently in his legal 
 papers. The amended bill and replication are undated, but the 
 court gave leave to amend the bill upon October 20, 1838, and it 
 may be assumed that it was changed immediately thereafter. At- 
 torney Stuart used both "Rogers" and "Rodgers" in the amended 
 bill, but his meticulous junior partner used the name "Rogers" 
 consistently in his papers in this case. 
 
 Samuel Rogers 
 
 vs 
 Poll) 7 Rogers 
 
 The said Complainant Samuel Rodgers by leave of the Court 
 first here files his Amended Bill and for amendment says — That 
 before the filing of his said original Bill To wit on the 
 day of and at divers other times the said Polly Rogers 
 
 while living with this complainant in his house was guilty of the 
 sinful and unlawful act of Adultery with one William Short. 
 
 He therefore prays Dissolution of the bonds of matrimony 
 as prayed for in his said original Bill — 
 
 Saml. Rogers 
 
 By Stuart & LincoLn 
 
UNCOLLECTED WORKS OF LINCOLN 339 
 
 Rogers 
 
 vs ^ Divorce 
 
 Rogers 
 
 Polly Rogers respondent for answer to said bill and amended 
 bill of complainant says, that it is not true that the said Complt. 
 treated her as an affectionate and true husband although she con- 
 fesses the marriage alleged nor is it true that she left him with- 
 out good cause — but on the contrary she was forced to leave 
 him be excessive abuse and unworthy treatment. She denies 
 the adultery by said Complainant falsely charged against her and 
 alleges that she has not violated the marriage contract but she 
 says that the said complainant has himself since the said mar- 
 riage committed adultery to wit on the day of 
 with one To wit in the County of Sangamon She 
 therefore prays the Said Complainants bill may be dismissed — 
 
 Polly Rogers 
 General Replication & Joinder 
 
 Stuart & Lincoln 
 Logan & Baker 
 
 MR. LINCOLN URGES THE WHIGS TO NOMINATE 
 
 HARRISON FOR PRESIDENT, SANGAMO 
 
 JOURNAL, NOVEMBER 3, 1838. 
 
 Mr. Lincoln early became an avowed and earnest supporter 
 of the personal and political fortunes of Henry Clay; but he 
 was also a devoted Whig deeply concerned for the success of 
 his party, and when it became clear to him that to assure that 
 end Harrison not Clay should be the Whig candidate against 
 Van Buren in 1840 he promptly announced that conviction in the 
 editorial columns of the Sangamo Journal. . This editorial fur- 
 nished one of the opening paragraphs of an unusual chapter in 
 our political history. Whig sentiment decidedly favored the 
 candidacy of Clay in 1840, but a coterie of influential Whigs in 
 New York and Pennsylvania headed by Thurlow Weed were 
 secretly opposed to it, and by adroit maneuvering compassed 
 Clay's defeat in the Whig convention at Harrisburg in Decem- 
 ber, 1839, when on the grounds of availability he was put aside 
 for Harrison who had a military record and was believed to be a 
 poor man. "My friends'' said Clay when informed of his de- 
 feat, (< are not worth the powder and shot it would take to kill 
 
 #k£ 
 
340 UNCOLLECTED WORKS OF LINCOLN 
 
 them. I am always run when sure to be defeated, and now be- 
 trayed when I or any one else woidd be sure of an election." 
 Confirming this prediction the Whigs triumphed at the polls, Van 
 Buren receiving only sixty-one electoral votes to 234 cast for 
 Harrison. But Harrison died on the morrow of taking office, 
 and his successor Tyler promptly wrecked Whig hopes of great 
 things. 
 
 We, this week, raise the standard of Gen. Wm. H. Harri- 
 son, as a candidate for the Presidency. This stand, we have 
 not taken without much reflection; but now, that we have taken 
 it, we shall not be induced to abandon it unless we shall con- 
 ceive that the harmony of our friends absolutely requires it. 
 
 We are aware that offices are not established in this country 
 for the mere benefit and gratification of the individuals who may 
 be called to fill them. — We are amongst the foremost to deny, 
 that any man has just claims to office, unless the People, by 
 recognizing those claims, can best advance their own interests. 
 But while we say this, we insist, that so long as human nature 
 remains as it is — so long as men continue ambitious of distinc- 
 tion — it is not the part of wisdom in any community, to let that 
 ambition go ungratified, In an individual, who has rendered 
 arduous and valuable services to that community; for what man 
 will care to sacrifice his ease and comfort, and spend all the 
 better part of his life in bearing the burdens and encountering 
 the dangers of his country, if he shall know, that when he shall 
 assert his claims to the gratitude of his country, another, who 
 has toiled not. shall be preferred to him. — When an individual's 
 hairs have grown grey, and his eyes dim in the service of his 
 country, it seems to us, if his country-men are wise, and polite, 
 they will so reward him, as to encourage the youth of that coun- 
 try to follow his example. 
 
 If such an individual can now be found in this country; if 
 the policy we have been urging be sound, and that policy can be 
 furthered in the person of any one man more than that of any 
 other, that man, we insist, is Gen. Harrison. Near forty years 
 ago, when the great North-Western Territory was but one ex- 
 tensive hunting ground of dusky savages, Gen. Harrison tore 
 himself from all the comforts of civilized life and took up his 
 abode among those savages, to lay the foundation for all that 
 population, wealth and independence, that now find a home upon 
 that fertile and, now, cultivated tract of country. He may, with 
 
UNCOLLECTED WORKS OF LINCOLN 341 
 
 great propriety, be called the father of the North Western Ter- 
 ritory. There is not an important incident in its history, whether 
 it conduce more to the glory of the past, or to the substantial 
 advantages of the present and future, that does not bear the 
 impress of his untiring hand. Go to the blood-drenched and 
 bone-whitened field of every Indian battle ; go to the records 
 of every valuable Indian treaty; go to our most excellent public 
 land system — that system which is so admirably calculated to 
 guard the People of the country where it prevails, against the 
 extremes of aristocratic wealth, and indigent poverty, and, in 
 each and every of them, it will be seen that Harrison has been 
 the man who has done most, suffered most, and profited least, 
 by the respective results. 
 
 These services, with thousands of others of minor impor- 
 tance, constitute Gen. Harrison's claims to the gratitude of the 
 American People, and particularly to that of the North Western 
 portion of them. To these claims, there are no drawbacks — no 
 deductions to be made for want of honesty or capability. All 
 his acts bear, as well the marks of profound wisdom, and de- 
 voted patriotism, as those of much labor and toil. Unlike most 
 men similarly circumstanced, he has not used the means placed 
 in his power, in acquiring for himself a princely fortune. Though 
 his intellectual powers are in full vigor, age, incessant toil, and 
 long experience in the campaigns and other frontier services in 
 the North West, have very much impaired his physical consti- 
 tution ; to which may be added, he is now poor, and dependent 
 on his own hands for a living. 
 
 We repeat, that if the American People wish to honor a 
 patriot and statesman; if they wish to reward a long-tried and 
 faithful friend; if they wish to stimulate the youth of our coun- 
 try to emulation of noble examples; if they wish to proclaim to 
 the world, that poverty shall never arrest virtue and intelligence 
 on their march to distinction ; they can, more effectually than 
 in any other way, do all these, by elevating Gen. Wm. H. Har- 
 rison to the Presidency. 
 
 In expressing a preference for Gen. Harrison, we wish not 
 to be understood, as having, to the smallest extent, lost con- 
 fidence in the ab : lity or patriotism of those other gentlemen, who 
 are spoken of by our political friends, as candidates for the same 
 high station. We consent to pass by such men as Henry Clay 
 and Daniel Webster, only because their fame is already immor- 
 tal — because they shine within themselves — because the sickly 
 
342 UNCOLLECTED WORKS OF LINCOLN 
 
 light reflected by office and power, can add nothing to their 
 splendor — because, come weal or woe, their names will never be 
 forgotten, so long as Cicero, Pitt and our own immortal Wash- 
 ington shall be remembered. 
 
 REPORT OF THE COMMISSIONERS IN THE SUIT OF 
 
 MASON VS. MASON, SANGAMON CIRCUIT COURT, 
 
 DECEMBER 9, 1838. 
 
 (Herndon-Weik Collection) 
 
 This report is in the hand of Attorney 'Lincoln, with the 
 exception of the signature of the commissioners. The cover 
 notations are in another hand. Mr. Lincoln was consistent in 
 the mis-spelling of u beginning" as he spelled it as "begining" 
 from the beginning to the end of the document. The frequent 
 use of numbers such as " eighty seven" and "fifty five" reveals 
 in marked degree the Lincoln habit of running such words into 
 one word, as "fifty five" The present document abounds in such 
 Lincolnisms. This report was the final decision, and a double 
 answer in the cases of Lucinda Mason vs. Noah Mason, and 
 Noah Mason, Jr. vs. Lucinda Mason et al. An alias subpoena 
 or second subpoena, was awarded the complainants in both bills, 
 on the motion of Mr. Lincoln, made July 4, 1837. On October 
 20 of the same year, both bills were taken as confessed, and com- 
 missioners appointed to set aside a dower in the case of Lucinda 
 Mason, and to partition the lands on the petition of Noah Mason, 
 Jr. The report below is evidence of the manner in which the 
 court decree of October, 1837 was carried out. 
 
 The undersigned having, by an order of the Sangamon cir- 
 cuit court made at the October term thereof in the year of our 
 Lord one thousand eight hundred and thirtyseven, been appointed 
 commissioners to set apart by metes and bounds to Lucinda 
 Mason her Dower in and to certain lands in the said order 
 described; and having by another order of the same court made 
 at the same term, thereof, been appointed commissioners to make 
 partition of certain lands in the said order described (being the 
 same lands described in the first mentioned order) and to set 
 apart by metes and bounds one sixth part of said lands to Caro- 
 line Mason and Seth Mason each, and two sixths to Noah Mason 
 and Thomas Mason each, after taking from the same the widow's 
 Dower: Report: 
 
 That they have performed the duties enjoined on them by 
 the two said orders, excepting that, by the agreement of the said 
 
UNCOLLECTED WORKS OF LINCOLN 343 
 
 Caroline Mason and the guardian of the said Seth Mason, their 
 two sixths were laid off in three bodies or tracts, and not divided 
 or separated from each other. The part alloted to the said 
 Lucinda Mason as her Dower is bounded as follows, towit, Be- 
 gining at the South West corner of the South East quarter of 
 Section Thirtysix in Township Fourteen North of Range Six 
 West of the Third Principal Meridian: thence East twenty 
 chains: thence North sixty chains and twelve and a half links; 
 thence West nineteen chains and ninety links ; thence South six 
 minutes West sixty chains and twelve and a half links to the be- 
 gining containing ten acres and eightyone hundredths of an acre — 
 Second : Begining at the North East corner of the tract set apart 
 to the said Lucinda Mason : thence North twenty chains, twelve 
 and a half links : thence West nineteen chains and eighty seven 
 and a half links — thence S d 6' W twenty chains and twelve 
 and a half links: thence East nineteen chains and ninety links to 
 the begining, containing forty acres — Third : Begining at the 
 South East corner of the North West quarter of Section one 
 in Township Thirteen North of Range Six West; thence North 
 twenty chains and thirtysix links ; thence West twelve chains 
 and seventy eight links : thence South twenty chains and f ortysix 
 links : thence N 89d 38 E. twelve chains and seventyeight links 
 to the begining, containing twenty six and seven hundredths of 
 an acre — 
 
 The parts set apart to the said Thomas Mason are bounded 
 as follows, towit ; First : Begining at the South West corner of 
 the first described tract of Noah Mason: thence North fifteen 
 chains ; thence N 89d 45W six chains and twentyone links ; 
 thence South fifteen chains; thence S 89d 45E six chains and 
 twentyone links to the begining, containing nine acres and thirty- 
 one hundredths of an acre — ■ Second: Begining at the North 
 West corner of Noah Masons second tract; thence S d 6' W 
 thirty chains and ten links : thence N 89d 45W nineteen chains 
 and ninety links : thence N17'E. thirty chains and ten links ; thence 
 S89d 45'E nineteen chains and eightyseven and a half links to 
 the begining, containing fiftynine acres and eightytwo hundredths 
 of an acre — Third: Begining at the South West corner of Noah 
 Mason's third tract : thence North twenty chains and fortysix 
 links ; Thence West twelve chains and seventyeight links ; thence 
 South twenty chains and nftyfive links ; thence North 89d 38' E. 
 twelve chains and seventyeight links to the begining, containing 
 twentysix acres and twenty hundredths of an acre — The parts 
 
344 UNCOLLECTED WORKS OF LINCOLN 
 
 set apart to the said Caroline Mason and Seth Mason are bound- 
 ed as follows, towit; First: Begining at the South West corner 
 of Thomas Mason's first tract; thence North fifteen chains; 
 thence N 89d 45 W six chains and seventyone links ; thence 
 South fifteen chains; thence S 89d 45E six chains and seventy- 
 one links to the begining, containing ten acres and six hundredths 
 of an acre — Second: Begining at the North West corner of 
 the first; thence North 17 minutes East thirtyfive chains and 
 fifteen links; thence S 89d 45E. nineteen chains and ninety 
 links; thence South six minutes West thirtyfive chains and fifteen 
 links; thence North 89d 45' West twenty chains to the begining, 
 containing seventy acres and twelve hundredths of an acre — 
 Third : Begining at the South West corner of Thomas Masons 
 third tract; thence North twenty chains and fiftyfive links, thence 
 West thirteen chains and fifty three links ; thence South twenty 
 chains and sixtyfour links, thence North 89d 38' East thirteen 
 chains and fifty three links to the begining containing twentyseven 
 acres and eightysix hundredths of an acre : All of which metes 
 and bounds will more fully appear by reference to a plat of the 
 survey of the same herewith filed 
 
 The lot set off to Lucinda Mason is numbered on said plat (4) 
 those to Noah Mason 5 — 1— and 10, those to Thomas Mason 
 6 — 2 and 9, those to Caroline and Seth Mason 7 — 3 and 8 — 
 Given under our hands & seals this 9th day of December 1838 
 
 Job Fletcher J (Seal) 
 JaC. F. Harris (Seal) 
 Silas Harlan (Seal) 
 Lucinda Mason 
 
 1838 
 Rep of Commiss 
 
 MR. LINCOLN OPPOSES A BILL ENABLING A 
 
 SETTLER TO COLLECT FOR IMPROVEMENTS HE 
 
 HAS PLACED ON PUBLIC LANDS, DECEMBER 15, 1838. 
 
 On August 6, 1838, Mr. Lincoln was elected to the Legisla- 
 ture for the third time, leading the field of seventeen candidates in 
 Sangamon County, and when that body convened at Vandalia on 
 December 3, he was nominated by the Whigs for speaker, only 
 to be defeated on the fourth ballot by William L. D. Ewing, 
 Democrat. But he had now become the Whig leader in the popu- 
 lar branch of the Legislature, and helped to shape its course dur- 
 ing a period when it had to face many perplexing problems. Thus 
 
UNCOLLECTED WORKS OF LINCOLN 345 
 
 the December 27 issue of the Vandalia Free Press reports his 
 part in the discussion of a bill which on the morrow of the panic 
 of 1837 was of vital concern to many an Illinois settler. And 
 there is little doubt that Mr. Lincoln in the closing weeks of 1838 
 read in the newspapers that the new Whig governor of New York 
 was William H. Seward, who, when Clay and Webster had 
 passed from the scene, zvas to vainly dispute with him leadership 
 of the successor to that body. 
 
 Bill from the Judiciary reported providing for collection of 
 demands growing out of contracts for sales of the possession of 
 public lands". Ficklin moved amendments to Sec. 2 & 3, second 
 amendment adopted. Third that every person who shall purchase 
 of U. S. a tract of land upon which there is an improvement 
 belonging to some person, without making a contract to purchase 
 or pay for same shall be liable to pay what it is worth; or be 
 sued, (if not over $100) before J. P. Value fixed by three dis- 
 interested persons of neighborhood. 
 
 Mr. Lincoln spoke in opposition to the proposed amendments 
 in which he doubted the right of the Legislature to pass a law 
 enforcing payments for improvements. 
 
 Williams also in opposition to amendment. Flood Favor- 
 able. Walker Favorable. 
 
 REPORT FROM THE MAJORITY OF THE HOUSE 
 
 COMMITTEE ON FINANCE, DECEMBER 18, 
 
 1838, MR. LINCOLN ITS PROBABLE 
 
 AUTHOR 
 
 This report from the Committee on Finance of the House 
 is a printed document, and is unsigned by committee members. 
 As such it is not conclusive evidence that the report is in the 
 words of Abraham Lincoln, but it has been generally attributed 
 to him. Although it was submitted by Archibald Williams of 
 Adams County, an intimate friend of Lincoln, the composition 
 of most of the document, if not all of it, has been credited to 
 Mr. Lincoln. The late Senator Albert J. Beveridge asserted that 
 the styy^e and method of reasoning ivere distinctly Lincolnesque. 
 
 Mr. Lincoln had been appointed a member of the standing 
 Committee on Finance, December 8, 1838, and the report was 
 made ten days later. As a report it was an excellent political 
 attack upon the Van Bur en sub-treasury plan, and an effective 
 Whig campaign document. The presidential campaign of 1840 
 was almost two years away, but it was not too early for the 
 
346 UNCOLLECTED WORKS OF LINCOLN 
 
 Whigs to stress an issue that was to becomie an important one 
 in that campaign. The report by Lincoln appears to have been a 
 rehearsal — it was too early for a dress rehearsal — of his 
 speech on the same subject delivered as the last in a series of 
 debates between Illinois Whigs and Democrats on the matter. A 
 comparison of the report with his speech of December 20, 1839, 
 reveals a striking similarity in the treatment of the history of a 
 national bank as given in the address with that in paragraphs 
 two and three of the report. The report does not contain the 
 detailed statistical background of the speech, but it appears to 
 have laid the groundwork for the arguments of ^the debate. 
 There are few of the "purple patches" of the speech present in 
 the report, but it cannot be denied that the fourth paragraph of 
 th report, while tinged with proud nationalism, was good prose, 
 and at times poetic. 
 
 The twenty-nine year old legislator, with "defective educa- 
 tion" was not the master of the prose of the Gettysburg Address 
 and the Second Inaugural, but he was revealing flashes of ability 
 that would prove his brief talk on a battlefield no inspiration 
 of a moment. It may be noted in passing that the report had 
 a tendency to lean on passages in the answer of Henry Clay to 
 the Van Buren message suggesting the sub-treasury plan. The 
 Lincoln "beau ideal of a statesman" may have inspired the report 
 of a less well-known Whig in Illinois. The careful reasoning in 
 the report and the speech may be compared with like research 
 upon the slavery problem in the noted Cooper Institute Address. 
 For this, see Nicolay and Hay, Complete Works (New York, 
 1905), V: 293-328. 
 
 The Sub-treasury plan under discussion provided for the 
 building of strong vaults or sub-treasuries in the large cities. 
 These were to be in charge of government officials, and were to 
 divorce the Treasury Department and the banks. Throughout the 
 report rims mention of several important characters. A future 
 President will be recognized in James K. Polk, while Richard 
 M. Johnson zvas Vice-President under Van Buren. Henry A. 
 Muhlenberg was a noted Pennsylvania politician, and son of 
 Frederick A. Muhlenberg, first Speaker of ihe House of Repre- 
 sentatives in the Congress \of the United States. William L. May 
 will be recognized as the Illinois politician, and father-in-law of 
 Henry B. Truett. 
 
 Mr. Williams, from the Committee on Finance, made the 
 following report, which was read, viz : 
 
UNCOLLECTED WORKS OF LINCOLN 347 
 
 The Committee on Finance, to which was referred that part 
 of the Governor's Inaugural address which relates to currency, 
 have had so much thereof as relates to the establishment of an 
 Independent Treasury and to a National Bank under considera- 
 tion; and a majority of said committee have directed me to 
 make the following report : 
 
 In reviewing the history of the United States, we find that 
 the employment of banks, as fiscal agents, in keeping and dis- 
 bursing the public moneys, is a practice almost coeval with the 
 very organization of our Government. It was commenced during 
 the administration of Washington, the first President of the 
 Union, and was continued without intermission, through all the 
 changes of administration, until the retirement of President Jack- 
 son from office. 
 
 For the greater part of this time, the first bank of the United 
 States, chartered by Congress, in 1791, and approved by Presi- 
 dent Washington, and the second United States Bank, chartered 
 in 1816, and approved by President Madison, were the agents 
 for the discharge of these duties : but during two periods, the 
 banks chartered by the several States substituted for a National 
 Bank, viz : from the expiration of the first United States Bank 
 in 1811, until the creation of the second in 1816; and from the 
 removal of the deposites from the latter bank in 1833, until the 
 end of President Jackson's term of office. 
 
 The practice, however, of employing some banks, either State 
 or National, as fiscal agents for the General Government, was 
 uniformly and constantly followed by all the Presidents, until the 
 accession of Mr. Van Buren in 1837. 
 
 During this period of nearly half a century, our prosperity 
 was unexampled. The increase of our wealth and population, 
 the development of our resources, and our improvement in all 
 the useful pursuits of civilized life, were extensive and rapid, 
 beyond all parallel in the previous annals of the world. Vast 
 tracts of country were reclaimed from the wilderness — forests" 
 were leveled — praries converted into fertile fields — roads opened 
 — rivers explored and the obstructions removed which impeded 
 their navigation. The increase of agricultural products promoted 
 the expansion of other branches of industry. Manufactures of 
 various sorts sprang up and flourished ; our commerce was push- 
 ed to every quarter of the globe; our sails whitened every sea; 
 and the American flag floated in every breeze, from the Arctic 
 ocean to the southernmost shores of the Pacific. The Old World 
 
348 UNCOLLECTED WORKS OF LINCOLN 
 
 saw with surprise and admiration our infant colonies, but recently 
 formed into a union of States, advancing with giant strides to the 
 rank of a mighty nation. 
 
 Thus it will be seen, from this brief history of the union 
 which, until recently, existed between the General Government 
 and banks, either State or National — and of the extraordinary 
 and unprecedented degree of prosperity which accompanied us 
 in our onward march during the period of this union — that a 
 system, under which we have increased from a mere handful of 
 people to a most powerful confederacy, and under which we have 
 attained a condition so flourishing, cannot in itself be "radically 
 and fundamentally defective." It is, therefore, a matter of no 
 surprise, that a proposition to sever a union so useful and so 
 beneficial should receive, at its very outset, a most decided and 
 signal rebuke. 
 
 The first proposition for such a severance was submitted by 
 Mr. Gamble, of Georgia, during the session of Congress held 
 in the winter of 1834 and 1835. This was as follows : 
 
 "Resolved, That the Secretary of the Treasury be directed 
 to communicate to this House, whether in his opinion, it is prac- 
 ticable or convenient for that Department to collect, safely keep, 
 and disburse the public moneys of the United States, without 
 the agency of a bank or banks; and, if so, to report to this 
 House the best mode, in his opinion, by which the object can 
 be accomplished." 
 
 On motion of Mr. M'Kim, a member of the administration 
 party, the resolution was laid upon the table. 
 
 Mr. Gamble, afterwards, on the 6th day of January, 1835, 
 introduced the following resolution: 
 
 "Resolved, That the Secretary of Treasury be directed to 
 digest, and prepare, and communicate to this House, a detailed 
 plan by which the public revenue of the United States may be 
 collected, safely kept, and disbursed, without the agency of a bank 
 or banks, either State or National." 
 
 On the 11th day of February, at the same session, the bill 
 regulating the deposite of the money of the United States in cer- 
 tain local banks being under consideration, a motion was made 
 by Mr. Robertson, "that the said bill be recommitted to the Com- 
 mittee of Ways and Means, with instructions so to amend the 
 same as to dispense with the agency or instrumentality of banks 
 in the fiscal operations of the Government." 
 
UNCOLLECTED WORKS OF LINCOLN 349 
 
 Mr. Gordon moved to amend the said bill, and strike out all 
 thereof after the enacting words, and insert — 
 
 "SEC. 1. That from the and after the — day of — in the 
 year — , the collectors of the public revenue, at places where the 
 sums collected shall not exceed the sum of — dollars per annum, 
 shall be the agents of the Treasurer, to keep and disburse the 
 same, and be subject to such rules and regulations, and give bond 
 and security, as he shall prescribe for the faithful execution of 
 their office ; and shall receive, in addition to the compensation 
 now allowed by law, — per centum on the sums dispersed, so 
 that it does not exceed the sum of — dollars per annum." 
 
 "SEC. 2. And be it further enacted, That at all places, where 
 the amount of public revenue collected shall exceed the sum of 
 — dollars per annum, there shall be appointed by the President, 
 by and with the advice and consent of the Senate, receivers of 
 the public revenue, to be agents of the Treasurer, who shall give 
 such bond and security, to keep and disburse the revenue, and be 
 subject to such rules and regulations, as the Treasurer shall pre- 
 scribe ; and shall receive for their services — per centum per 
 annum of the sums disbursed: Provided, it does not exceed the 
 sum of — dollars per annum." 
 
 "SEC. 3. And be it further enacted, That from and after 
 the — day of — , the whole revenue of the United States de- 
 rived from customs, lands, or other sources, shall be paid in the 
 current coin of the United States." 
 
 The yeas and nays were taken upon these several proposi- 
 tions, and, by overwhelming majorities, they were all rejected 
 Among those who were opposed to their adoption, we find the 
 names of C. C. Cambreling, Zadok Casey, Richard M. Johnson, 
 Wm. L. May, Henry A. Muhlenberg, James K. Polk, John Rey- 
 nolds, and (with but very few exceptions) all the members friend- 
 ly to the administration of President Jackson. Every attempt to 
 effect a separation between bank and State was steadily resisted 
 by friends of the party in power. The scheme was disapproved 
 by President Jackson himself, and the official papers at Washing- 
 ton denounced it, as subversive of the settled practice of the 
 Government, as tending to increase, to an alarming extent, the 
 power of the Executive, and exposing the public treasure to be 
 plundered by a hundred hands, where one could not before reach 
 it. 
 
 From that time until the special session of Congress, in 
 September, 1837, after the accession of Mr. Van Buren, the pro- 
 
350 UNCOLLECTED WORKS OF LINCOLN 
 
 ject was laid asleep; and the State banks continued to be employ- 
 ed as the fiscal agents of the Government. 
 
 At the special session just referred to, the system now fam- 
 iliarly known as the Independent Treasury, or Sub-treasury sys- 
 tem was first brought forward as an administration measure. 
 The party which, under President Jackson's administration, had 
 voted against the proposition of Messrs. Gamble, Gordon, and 
 Robertson, were now divided. A majority of the party, coinciding 
 with President Van Buren, supported the measure, while a con- 
 siderable minority adhered to their original view of the subject. 
 
 The bill was defeated at the special session. It was again 
 brought up at the last regular session, and again lost — the Con- 
 servative party, as they have been called, remaining firm in their 
 opposition to it. 
 
 Your committee do not wish to be understood as resisting, 
 without inquiry or examination, all changes in the fiscal affairs of 
 the Government. They are not hostile to such changes as may be 
 shown to be necessary and proper ; but, in view of the high de- 
 gree of prosperity which the American nation has enjoyed under 
 the system pursued since the foundation of the Government to 
 the present day — when it is proposed to forsake that system 
 and embrace a new and untried plan — they ask, what are the 
 grounds, what are the reasons and considerations which render 
 this change necessary and proper? — and this inquiry is deemed 
 the more important, because of the signal condemnation passed 
 upon this scheme during the session of Congress in 1831-1835, 
 above referred to, with the concurrence of some of those who 
 are now advocating its adoption. 
 
 If the example of European nations be quoted, in which 
 plans have been adopted similar to that under consideration — 
 we ask if there be any thing in the character of their governments, 
 or the condition of their subjects, which should excite the envy 
 or challenge the imitation of the American people? 
 
 It may be said that it is improper to deposite with the Banks 
 the public money, lest it be used as a fund for banking operations. 
 In the opinion of your committee a sufficient answer to this ob- 
 jection is to be found in a recent vote of this House, declaring 
 it inexpedient to make the collectors of our State revenues the 
 custodiers and disbursers of the same. That vote exhibits, on the 
 part of this House, a preference for banks, over collecting offi- 
 cers, as fiscal agents for the safe keeping and disbursing of 
 moneys, so far as our State revenues are concerned ; and your 
 
UNCOLLECTED WORKS OF LINCOLN 351 
 
 committee are unable to perceive any difference of principle, 
 whether the policy under consideration relates to the revenues 
 of this State or to those of the United States. 
 
 A favorite argument in behalf of this scheme is, that it is 
 a divorce of Bank and State, and the creation of an Independent 
 Treasury. 
 
 To this your committee answer that it will divorce bank and 
 State only to cement a union still more dangerous — the union 
 of political influence with the influence of money — the Executive 
 patronage with the control of the public purse. It will create a 
 treasury, independent (it is true) of the people, and of their 
 representatives, but dependent upon the President, the Secretary 
 of the Treasury, and thousands of subordinate officers, who hold 
 their appointments at the discretion of the President; among 
 whom are to be included numerous secret agents who, under color 
 of examining into the accounts of collecting and disbursing offi- 
 cers, may be sent into every part of the Union to operate upon 
 elections. 
 
 Another fruitful topic of declamation with the advocates of 
 the Sub-treasury system is, the supposed insecurity of the public 
 money in the deposite banks; and this is especially alluded to 
 in that part of Governor Carlin's message which has been re- 
 ferred to this committee. In refutation of this idea, your commit- 
 tee deem it only necessary to quote from a report made by Mr. 
 Woodbury, then and now Secretary of the Treasury, during the 
 session of Congress of 1834 and 1835. He says — "It is a singular 
 fact, in praise of this description of public debtors — the selected 
 banks — that there is not now due on deposite, in the whole of 
 them, which have stopped payment, from the establishment 
 of the Constitution to the present moment, a sum much beyond 
 what is now due to the United States fom one mercantile firm 
 that stopped payment in 1825 or 1826, and of whom ample se- 
 curity was required, and supposed to be taken, under the re- 
 sponsibility of an oath. 
 
 "If we include the whole present dues to the Government 
 from discredited banks, at all times, and of all kinds, whether 
 as depositories or not, and embrace even counterfeit bills, and 
 every other species of unavailable funds in the Treasury, they 
 will not exceed what is due from two such firms. Of almost one 
 hundred banks, not depositories, which during all our wars and 
 commercial embarrassments, have heretofore failed in any part 
 of the Union, in debt to the Government, on their bills or other- 
 
352 UNCOLLECTED WORKS OF LINCOLN 
 
 wise, it will be seen by the above table that the whole of them, 
 except seventeen, have adjusted every thing which they owed, 
 and that the balance due from these, without interest, is less 
 than thirty-two thousand dollars. 
 
 "Justice to the State banking institutions as a body, whose 
 conduct, in particular cases, has certainly been objectionable, but 
 whose injuries to the Government have been almost incredibly 
 exaggerated, and whose benefits to it, both during the existence 
 of our two National Banks, and while neither of them has exist- 
 ed, has been almost entirely overlooked, has led me to make this 
 scrutiny, and submit its results, under a hope that it will, in 
 some degree, not only vindicate them from much unmerited cen- 
 sure, but justify this department for the confidence it formerly, 
 and in the great improvement of their condition and of the finan- 
 cial affairs of the Government, has recently reposed in them. 
 Under these circumstances, so very favorable, with the new 
 security and examinations provided for, your former small loss- 
 es by them in keeping and paying ever the public revenue, under 
 circumstances so very adverse, are compared with our large 
 losses, either in collecting or disbursing that their present safety 
 seems to be as great as is consistent with the usual operations 
 of the paper system, or with the credit which must be always 
 entrusted by the Government, in some way or other, to agents 
 of some kind, in keeping the public money. In considering their 
 safety, it should be constantly recollected that the owners and 
 managers of banks, when properly regulated by legislative pro- 
 visions in their charters, like other individuals, interested to 
 transact business securely, are desirous of making and not los- 
 ing money, and that these circumstances, with the preference in 
 the case of failure, belonging to depositors and holders of their 
 bills over the stockholders, united with the security, if not priority, 
 given to the Government, render them, in point of safety, gen- 
 erally, much superior to individual agents of the United States." 
 
 The report from which the foregoing quotations are made, 
 was the basis of the late arrangement between the Government 
 and the deposite banks. 
 
 What amount of loss has been sustained by the Government 
 committee have no exact means of ascertaining; but from the 
 best sources of information within their reach, they are satisfied 
 since the suspension of specie payments by those institutions, your 
 that the sum is verv inconsiderable. 
 
UNCOLLECTED WORKS OF LINCOLN 353 
 
 And they deem it not amiss to insert here a passage relat- 
 ing to these banks, from the message of President Van Buren to 
 the present session of Congress, on the 3rd of December, 1838. 
 He says : "It is no more than just to the banks to say that, in 
 the late emergency, most of them firmly resisted the strong temp- 
 tations to extend their paper issues, when apparently sustained in 
 a suspension of specie payments by public opinion, even though 
 in some cases invited by legislative enactments. To this honorable 
 course, aided by the resistance of the General Government, act- 
 ing in obedience to the Constitution and laws of the United States, 
 to the introduction of an irredeemable paper medium may be at- 
 tributed in a great degree, the speedy restoration of our currency 
 to a sound state, and the business of the country to its wonted 
 prosperity." 
 
 Your committee are of opinion that this testimony of the 
 President to the honorable and patriotic conduct of the banks, 
 during "the late emergency," furnishes a strong argument in their 
 behalf, in addition to the consideration urged by Mr. Woodbury 
 in the report already quoted; while the force and truth of some 
 of these considerations have been abundantly demonstrated by the 
 frequent and extensive defalcations of "individual agents of the 
 United States." 
 
 The report of the Secretary of the Treasury to Congress, at 
 its last session, presented a surprising list of defaulters among 
 the collectors and receivers of the public moneys ; and, very re- 
 cently, the enormous defalcations of the collector at New York, 
 amounting (as reported) to one million two hundred thousand 
 dollars, has been thought worthy of "particular reference" to 
 Congress by Mr. Van Buren. 
 
 Your committee, therefore after mature consideration of 
 these passages of Governor Carlin's message which have been 
 referred to them, and of all the important subjects connected 
 therewith, beg leave to submit the following resolution, viz : 
 
 Resolved by the General Assembly of the State of Illinois, 
 That the present condition of the currency and the interests of 
 the country, generally, do not seem to require the establishment 
 of an Independent Treasury, and the collection and disburse- 
 ment of the public revenue is specie. 
 
 Resolved, That our Senators in Congress be instructed, and 
 our Representatives requested, to vote against any law or resolu- 
 tion having for its object the adoption of the Independent or Sub- 
 treasury System, in any form whatever. 
 
354 UNCOLLECTED WORKS OF LINCOLN 
 
 Resolved, further, That they be instructed to use all their 
 efforts to prevent the recharter of the late National Bank, or the 
 chartering of a National Bank of any kind. 
 
 Resolved, That the Governor be requested to transmit a copy 
 of the foregoing resolutions to each of our Senators and Repre- 
 sentatives in Congress. 
 
 MR. LINCOLN DISCUSSES THE ELECTION OF HOUSE 
 MEMBERS TO OFFICE, DECEMBER 20 AND 21, 1838. 
 
 Again on December 20, 1838, Mr. Lincoln voted with the 
 majority (44 to 42) in disapproval of a resolution that members 
 of the General Assembly shoxdd be eligible to other state offices, 
 declaring that such a practice would be "corrupting in its tenden- 
 cies." . The following day, December 21, this resolution was 
 brought up for reconsideration, and Mr. Lincoln moved its ref- 
 erence to the committee on internal improvements. There fol- 
 lowed a lively debate which was thus reported in the Alton Tele- 
 Q graph of December 29: 
 
 Discussion on Dec. 20th and renewed on the 21st. Soon 
 after House met Johnson of Bond moved reconsideration of 
 resolution a vote upon which was taken yesterday, on resolution 
 of gentleman from Adams, Vote considered accordingly, when 
 Murphy of Perry moved to table. He then spoke, and was fol- 
 lowed by Happy. Several others spoke and then vote to table 
 decided in negative, yeas 41 nays 43. Webb of White then 
 moved to refer to committee on Judiciary. Several amendments 
 proposed and voted down. Several acrimonious speeches were 
 made. 
 
 Mr. Lincoln moved its reference to the committee on Inter- 
 nal Improvements. Mr. Smith of Wabash, and Mr. Thornton, 
 both seemed to regard this as a direct attack on them. They 
 were members of the committee interested in the decision; and 
 they would not allow the insinuation. They would hold the 
 gentleman from Sangamon responsible, &c, &c. Mr. Lincoln, re- 
 plied, he did not move the reference with any such design as 
 had been attributed to him. He had always been the friend of 
 both of the gentlemen ; and at the last extra session he had voted 
 against such a proposition, because his friend from Wabash 
 (Mr. Smith) was personally interested then in the decision, be- 
 ing at that time in the employ of the State. But he would now 
 assure the gentlemen, that the proposition to refer did not orig- 
 inate with him. He was requested to make the motion by one 
 
UNCOLLECTED WORKS OF LINCOLN 355 
 
 of the especial friends, and a member of the same committee, 
 viz: the gentleman from Perry (Mr. Murphy), and to oblige 
 him he had made the motion. But he was glad he had made it; 
 the hydra was exposed ; and all the talk about settling this matter 
 at another tribunal, he had no objection to, if gentlemen insisted 
 on it. He was always ready, and never shrunk from responsi- 
 bility. 
 
CHAPTER X— LINCOLN IN THE YEAR 1839 
 SURVEY OF PERIOD 
 
 The year 1839, in which fell his thirty- first birthday, was 
 for Abraham Lincoln another period of growth and widening 
 contacts. There was little change in his daily rounds in Spring- 
 field. He continued to share with Speed a room over the tatter's 
 store, and to eat at the tabic of his friend Butler ; but residence 
 at the capital brought him in friendly touch with influential men 
 from all parts of Illinois, drawn to Springfield by a variety of 
 motives, and during the final session of the General Assembly at 
 Vandalia, which extended from December 3, 1838, to March 4, 
 1839, although defeated as the Whig candidate for speaker, he 
 was clearly the leader of his party on the floor of the House, 
 and more influential than any other member in shaping its activi- 
 ties. 
 
 The House Journal bears witness that Mr. Lincoln was con- 
 stant in his attendance on the sessions of that body, and to his 
 vigilance and shrewd management were mainly due the thwarting 
 of legislation opposed by his party. Thus he intervened to pre- 
 vent an attempted repeal of the internal improvement system 
 hopefully adopted by the Legislature in 1837, but now drifting 
 toward the rocks, and to secure instead the appropriation of an 
 additional $800,000 for the improvement of waterways and the 
 construction of railroads. And on January 17, 1839, acting for 
 the House finance committee, he reported, but without results, a 
 plan, set forth elsewhere, for solving the state's financial troubles. 
 He was steadfast and effective in his support of the Illinois state 
 banks when the Democrats threatened their future, and he also 
 had a part in the redistricting of the state for judicial purposes, 
 a process from which issued a new circuit, the Eighth, which, 
 altered from time to time, became the field for most of his labors 
 in the lower courts. It is to be noted in this connection that on 
 December 3, 1839, Mr. Lincoln was by Judge Nathaniel Pope 
 admitted to practice in the federal courts. There was then no 
 Federal Building in Springfield and the courts held their sessions 
 in rented quarters in what was known as the Tinsley Building. 
 There until 1854 Mr. Lincoln tried his Federal cases, and for 
 five years following 1844 his office was on the third floor of the 
 same building. 
 
 The session of the Legislature ending in early March, 1839, 
 Mr. Lincoln returned to Springfield, where in June he was elected 
 
UNCOLLECTED WORKS OF LINCOLN 357 
 
 one of the town's five trustees; in October helped to organize 
 the Whigs for the coming presidential campaign, being named 
 one of the party's electors; and, also in October, if not a little 
 later, met for the first time the young woman who was to become 
 his wife. Mary Ann Todd was the twenty-one year old cousin 
 of Lincoln's partner, John Todd Stuart, "brilliant, vivacious, im- 
 pulsive" and with a zest for life, who lately had come from her 
 native Kentucky to make her home with an elder sister, Eliza- 
 beth Todd Edwards, in Springfield. She quickly found favor 
 with the young men of the town — James Shields and Stephen 
 A. Douglas among them — but at the end of a courtship full of 
 surprises and bewilderment for a suitor, angular, slow of speech 
 and rarely at ease in the company of women, she gave her heart 
 to Abraham Lincoln. The conclusion of that courtship, rudely 
 interrupted and after a time renewed, will be set forth in another 
 place, but here it must be recorded that Mary Todd was beloved 
 of Abraham Lincoln, and that she had her part, and a large one, 
 in shaping the course that led him to the Presidency. 
 
 A new and pleasant experience for the people of Spring- 
 field in the closing weeks of 1839, was the visit to the town, in 
 anticipation of the convening of the Legislature on December 9, 
 of the McKenzie and Jefferson Company of players, some of 
 whose performances must have been zvitnessed and enjoyed by 
 Abraham Lincoln and Mary Todd. A religious revival was then 
 in progress in Springfield, and citizens who objected to the drama 
 attempted to prevent the appearance of the players, whose man- 
 agers had spent a generous portion of their available funds in the 
 erection of a temporary theater; but Mr. Lincoln promptly inter- 
 vened in their behalf and as one of the town trustees saw to it 
 that there was no interference with their activities. One of the 
 players was a lad of ten, Joseph Jefferson by name, who in after 
 years was to become the most eminent and beloved of American 
 comedians, and who in the Autobiography which, aided by Wil- 
 liam Winter, he wrote in old age, pays grateful tribute to a future 
 President's aid to strangers in distress. See "Autobiography of 
 Joseph Jefferson," Nezv York 1889, Page 28-39.) 
 
 Another visitor to Springfield in November, 1839, with 
 whom it is probable Mr. Lincoln met and talked was Joseph 
 Smith, the Mormon leader then on his way from Nauvoo to 
 Washington to ask President Van Bur en and Congress to pre- 
 vent a threatened persecution of his people by residents of West- 
 
358 UNCOLLECTED WORKS OF LINCOLN 
 
 em Illinois. "It will be a long and lonesome time during my 
 absence from you," Smith wrote from Springfield to his wife 
 in Nauvoo, "but shall I see so many perish and not seek redress? 
 So I will try this once in the name of the Lord." But the Lord 
 did not aid him, and he soon returned to Illinois and to the train 
 of events, not without their effect on the political fortunes of 
 Abraham Lincoln, which on a late afternoon in lune, 1844, was 
 to end in his tragic death in Carthage jail. 
 
 Now as always keeping in touch zvith current events through 
 the newspapers which came to the office of Stuart and Lincoln, 
 the junior partner must have read in the last days of January, 
 1839, of the Buckshot War in Pennsylvania and of the part 
 played in that affair by a saturnine, club-footed lawyer named 
 Thaddeus Stevens, with whom twenty odd years later he was 
 to have many a test of will and purpose. He must have read 
 with sober misgivings as to the future the speech delivered by 
 Henry Clay in the Senate on February 7, 1839, in which that 
 statesman eager to become President with strange shortsighted- 
 ness reversed his position on the slavery question and destroyed 
 all prospect of realizing his most fondly cherished ambition. 
 And he must have noted, also in February, 1839, the stout de- 
 fense of the right of petition by Joshua Reed Giddings who a 
 year earlier had been sent to Congress from the Western Re- 
 serve of Ohio. Big, burly and fearless, and an energetic and 
 skillful speaker, Giddings remained in the House until 1859, the 
 storm center of ever recurring battles against slavery. He early 
 became the friend of Abraham Lincoln, helped in 1860 to secure 
 his nomination for President, and by Lincoln's appointment was 
 to end his public career as consul-general to Canada. 
 
 Finally, for Abraham Lincoln an event of present interest 
 and future command, Quaker Benjamin Lundy, perhaps the first 
 American to devote his life to rescue of the black men from 
 bondage, after a brief illness, died on August 23, 1839, at Lowell, 
 a now deserted hamlet in Putnam County, Illinois where in his 
 last days he was editor of an abolition journal. Born in 1789 
 and a saddler by trade Lundy in 1815 organized at St. Clair s- 
 ville, Ohio, the Union Humane Society, one of the first anti- 
 slavery societies. True to his creed and a man of good-will but 
 unbending purpose, Lundy travelled, often on foot, to all parts 
 of the Union and to Canada and Mexico to write and speak 
 against slavery, and before 1830 had a leading part in the organ- 
 ization of more than a hundred abolition societies. To him be- 
 
UNCOLLECTED WORKS OF LINCOLN 359 
 
 longs the credit of being the first abolitionist editor, — Garrison 
 was one of his disciples — and "the first link in a chain to which 
 nearly all the other abolitionists traced their beginnings/' Al- 
 though it is probable that Benjamin Lundy and Abraham Lin- 
 coln never met in the flesh there is cause for sober rejoicing in 
 the fact that both take their rest in the soil of the same state. 
 
 MR. LINCOLN APPOINTED COMMISSIONER IN THE 
 CHANCERY SUIT OF BUTLER VS. TILFORD 
 
 ET AL, 1839. 
 The original of this document, ail in pencil, is now in the 
 files of the Sangamon Circuit Court at Springfield. The latter 
 half, as indicated, is in Lincoln's handwriting. The appointment 
 of Mr. Lincoln as surveyor zuas a co-operative enterprise in 
 pencil work. The clerk wrote the part of the document begin- 
 ning with the words "William Butler," and concluding with the 
 clause, "bill be taken as confessed." At this point Attorney Lin- 
 coln took up the pencil, and beginning with the words, "and it 
 appearing to the satis fadtion," concluded the document. The 
 entire paper is in the hand of Mr. Lincoln. William Butler, as 
 elsewhere recorded was one of Lincoln's close friends. 
 
 William Butler, Compt. 
 
 vs J- Chy. 
 
 William Tilford &c Deft. J 
 
 This day came the complainant by his counsel and it ap- 
 pearing to the satisfaction of the court that the defendants in 
 this cause had been duly notified of the pendency of this suit 
 by publication and service and they being three times solemnly 
 called came not but made default. It is therefore ordered by 
 the court that the Complainants bill be taken as confessed, and 
 it appearing to the satisfaction of the court, by proof, that the 
 bond filed in said cause, was executed by William Tilford, one 
 of the defendants in this cause. It is therefore ordered and 
 decreed by the court, Abraham Lincoln, be appointed a commis- 
 sioner to make a survey of the premises in the said cause de- 
 scribed, according to the bill and exhibits filed in said cause, and 
 that said commissioner report his proceedings to the next term 
 of this court. 
 
* 
 
 360 UNCOLLECTED WORKS OF LINCOLN 
 
 AMENDMENTS OFFERED BY MR. LINCOLN TO THE 
 BILL CREATING MENARD COUNTY, 1839 
 
 These were amendments offered by Mr. Lincoln to the bill 
 passed by the Legislature in 1839 setting off the counties of 
 Menard, Logan and Dane from Sangamon. When the Menard 
 Circuit Court met for the first time at Petersburg on June 17, 
 1839, Stuart & Lincoln appeared as counsel for the plaintiff in 
 the second case considered by it, the suit of Levi Summers vs. 
 Sears, which was dismissed on their motion. 
 
 1st Amend the bill by striking out the names of Richard O. 
 Warmer and Achilles Morris whereof they occur — 
 
 2nd Amend the 14th section by adding thereto the following 
 towit : 
 
 "And for the collection of the taxes already assessed. All 
 business now pending in the courts of the Justice of the Peace, 
 or of the Probate Justice of the Peace of Sangamon County, or 
 which shall be commenced therein, previous to the organization 
 of the new counties hereby established, shall be finished by said 
 justices and their constables as though no division had taken 
 place." 
 
 Amend by adding as a 16th Section the following: "The 
 Justices of the Peace and constables now in office for Sangamon 
 County, who reside in the boundaries of the new counties hereby 
 established, shall continue in office in their respective new coun- 
 ties so long as they would have done if no division had taken 
 place. 
 
 Amend the 4th section by adding the following proviso: 
 "Provided that if the said commissioners shall locate the seat of 
 Justice of Menard County on the West or left side of the Sanga- 
 mon river then, and in that case, the lines of said county, shall be 
 changed as follows, towit: Beginning at the South West corner 
 of sections thirty in Township Eighteen North of Range Six 
 West ; thence North two miles, by the surveys ; thence East with 
 the survey to the Eastern boundary line of said county as de- 
 scribed in this act; thence with the before described boundaries 
 throughout — Provided further, that said commissioners in mak- 
 ing the location of the seat of Justice of said county, shall pay 
 no regard whatever, to the above contemplated change of lines — 
 
UNCOLLECTED WORKS OF LINCOLN 361 
 
 MR. LINCOLN PROPOSES ADDITIONS TO THE RULES 
 OF THE HOUSE, JANUARY 4 AND 5, 1839. 
 
 In the Legislature on January 4, 1839, Mr. Lincoln voted 
 with the majority for a bill to incorporate the town of Danville, 
 with which he was to have intimate and piquant association in 
 future years. And on January 4, and again on the following day 
 Mr. Lincoln with careful regard for the dispatch of business, pro- 
 posed a total of three additions to the rules of the House. The 
 result is thus recorded on pages 167 and 174 of the House Jour- 
 nal. 
 
 Session 1838-39 Jan. 4, 1839 
 
 Mr. Lincoln moved to adopt, as an additional rule of this 
 House, the following: 
 
 "No bill shall be referred or amended after its engrossment 
 for the third reading, without the consent of two-thirds of the 
 members present." 
 
 After two amendments by Mr. Williams it was tabled. 
 
 Session 1838-39 Jan. 5, 1839 
 
 On motion of Mr. Lincoln the following additional rules of 
 the House were adopted: 
 
 "Rule — No bill shall be committed or amended, on the ques- 
 tion of its passage, except by the consent of two-thirds of all the 
 members present. 
 
 "Rule — When any petition, remonstrance, or claim is pre- 
 sented by a member, and such member may not desire its read- 
 ing he may make the motion to dispense with its reading, and ask 
 its reference at the time of presentation; and the Chair may 
 consider the motion as agreed to unless some member should 
 object, and so state to the House." 
 
 REMARKS BY MR. LINCOLN ON HIS PROPOSED 
 
 APPROPRIATION TO COMPLETE THE STATE HOUSE 
 
 AT SPRINGFIELD, JANUARY 7, 1839 
 
 In the Legislature, January 7, 1839, on motion of Mr. Lin- 
 coln the rules were dispensed with and a bill amending the 
 method of summoning grand and petit juros was read a third 
 time and referred to a select committee of which the member 
 from Sangamon was made chairman. On the same day and on 
 Mr. Lincoln's motion, the House resolved itself into a committee 
 of the whole to consider a bill proposed by Lincoln appropriating 
 
 ? 
 
362 UNCOLLECTED WORKS OF LINCOLN 
 
 $128,300 to complete and furnish the new state house at Spring- 
 field. Friends of Vandalia, still resentful of the clever manner 
 in which in 1837 Lincoln and his fellow members from Sanga- 
 mon had secured the removal of the capital to Springfield, now 
 sought to defeat the bill. Orlando Ficklin of Coles County moved 
 two amendments — one that the amount requested should be do- 
 nated by individuals, and another that at the next legislative elec- 
 tion the people of the state should be permitted to vote for or 
 against the removal of the seat of government to Springfield. 
 When these amendments were voted down, a Vandalia member 
 offered a third to the effect that in the next election the people 
 should record their preference for the capital site. This amend- 
 ment was also defeated, and, Lincoln, leading with vigor and suc- 
 cess the fight for Springfield, caused further motions to defeat the 
 appropriation and to subject it to a popular vote to be voted 
 down, after which his bill was passed in its original form. The 
 story of a winning fight was thus set forth in the Sangamo 
 Journal of January 19, 1839: 
 
 Mr. Lincoln said, he believed the majority would agree, that 
 if the work was done at all, it should be well done ; and he was 
 willing to submit the question to the House without saying one 
 word more. 
 
 Ficklin said that the question of location of the seat of gov- 
 ernment ought to be submitted to the people in 1840. Mr. Lin- 
 coln said, that the people in 1840, would have no better right to 
 decide the question, than the people of 1839. True, the Consti- 
 tution had fixed the seat of government at Vandalia for twenty 
 years, and if the people had made a bad bargain, they had a right 
 to get out of it the best way they could. As to making money 
 in locating the state capital, by selling lots, that matter could 
 be settled by ascertaining how many state capitals had been built 
 by the sale of lots in Vandalia. The idea that money could be 
 made in this way was all illusion. 
 
 MR. LINCOLN TAKES PART IN DEBATE OF A BILL 
 FOR COMPLETING THE NEW STATE HOUSE, 
 
 JANUARY 9, 1839. 
 
 During the opening days of January, 1839, there were sharp 
 
 debates in the House at Vandalia of the heavy cost of the nezv 
 
 capital building in process of construction at Springfield, and of 
 
 a belated proposal to again make Vandalia the seat of govern- 
 
UNCOLLECTED WORKS OF LINCOLN 363 
 
 ment. These debates and Mr. Lincoln's part in them were duly 
 reported by the Vandalia correspondent of the Sangamo Journal. 
 Here is his account of the discussion of the u bill making an ap- 
 propriation for completing the State House:" 
 
 "Mr. Ewing took the floor and moved to strike out all after 
 the enacting clause of the bill, and insert an amendment, provid- 
 ing that Vandalia shall be the seat of Government until otherwise 
 ordered. Mr. Ewing said that it was unconstitutional to legis- 
 late upon the subject till 1840, and that when the bill passed lo- 
 cating the seat of government at Springfield ,it was supposed 
 that fifty thousand dollars would cover all the expenses of erect- 
 ing public buildings. It seemed that it would now require one 
 hundred and twenty-eight thousand more. He then went into 
 an examination of the fiscal concerns of the State, and declared 
 that the State was now in debt six million and a half of dollars; 
 and it was time members should pause and reflect in making ap- 
 propriations. 
 
 Mr. Lincoln said, he believed the majority would agree, that 
 if the work was done at all, it should be well done ; and he was 
 willing to submit the question to the House without saying one 
 word more. Mr. Ewing's amendment was rejected. Mr. Ewing 
 then proposed another amendment — that a Board of Commis- 
 sioners should be appointed to locate the seat of government on 
 vacant land; that they should lay out and sell the lots; and with 
 the money build a State House. He thought that half a million 
 might be realized by this measure. 
 
 Mr. Ficklin followed and endeavored to show that the State 
 was not pledged to make the appropriation — that the seat of gov- 
 ernment ought to remain at Vandalia — that the present capitol 
 was good enough — and that the question of a location of the seat 
 of government ought to be submitted to the people in 1840. 
 
 Mr. Lincoln said, that the people in 1840, would have no 
 better right to decide the question, than the people in 1839. True, 
 the Constitution had fixed the seat of government at Vandalia 
 for twenty years, and if the people had made a hard bargain, 
 they had the right to get out of it the best way they could. As 
 to making money in locating state capitals, by selling lots, that 
 matter could be settled by ascertaining how many state capitols 
 had been built by the sale of lots in Vandalia; the idea that money 
 can be made in this way was all illusion. Mr. Ewing then . . . 
 said that Springfield could not accommodate the Legislature bet- 
 
364 UNCOLLECTED WORKS OF LINCOLN 
 
 ter than Vandalia now does, and could not probably for ten years 
 to come. He wished to see Vandalia remain the seat of govern- 
 ment until the interest of the country required its removal. Mr. 
 Ewing's amendment was then rejected. 
 
 Mr. Ewing submitted another amendment — that the location 
 should be again submitted to the people — that if there should be 
 no choice, to return to the people the five places having the highest 
 number of votes ; if there should be no choice out of these, then 
 the three highest should be submitted to be voted for the third 
 time; if there then should be no choice, the election to be made 
 between the two highest returned. The amendment was rejected. 
 The committee then arose and reported progress. 
 
 Mr. Ficklin proposed an amendment, that the State should 
 lend the corporation of Springfield $128,000 to complete the State 
 House ; and at the election in 1840 to submit to the people whether 
 Springfield should remain the seat of government; and, if not, 
 to compel the corporation to reimburse the money thus loaned. 
 An amendment was offered to Mr. Ficklin's amendment by Mr. 
 Carpenter; but both were rejected. 
 
 The House adjourned. 
 
 BILL DRAWN BY LINCOLN ESTABLISHING THE 
 
 COUNTIES OF MENARD, LOGAN AND DANE, 
 
 JANUARY 18, 1839. 
 
 The huge area included in Sangamon County, named for the 
 river flowing through it, when it was created in 1821 made cer- 
 tain that, as settlement progressed, it would be subjected to sharp 
 curtailment. Thus is 1824 the present counties of Morgan, Scott 
 and Cass were taken from it; nor did this end the shearing pro- 
 cess. Residents of remote parts of the now smaller county, Angle 
 writes, "complained that it took two days, and often longer, to 
 travel to Springfield and return to their homes; and proprietors 
 of town sites which aspired to be county seats abetted their dis- 
 content." 
 
 In 1838 the people of Springfield had to submit to the de- 
 mand for another county division, and on January 18, 1839, John 
 Calhoun reported from a select committee of which Mr. Lincoln 
 was a member a bill believed to have been drawn by the latter 
 which from the reduced area of Sangamon created the counties 
 of Menard and Logan to the north and Dane, now Christian, to 
 
UNCOLLECTED WORKS OF LINCOLN 365 
 
 the south. Mr. Lincoln, on second thought, offered two amend- 
 ments which were adopted. Then the bill as amended was or- 
 dered engrossed for a third reading. On January 21 it passed 
 the House, and a few days later, having been approved by the 
 Senate, was signed by the governor. The text of the bill follows. 
 
 A bill for an act to establish the counties of Menard, Logan 
 and Dane — 
 
 Sect 1st Be it enacted by the People of the state of Illinois 
 represented in the General Assembly that all that tract of country 
 lying within the following boundaries to wit, Beginning at the 
 North West corner of Section Twentyseven in Township Seven- 
 teen North of Range Eight West of the Third Principal Meri- 
 dian; thence East to the centre of the Southern boundary of 
 Section Twentyfour in Township Seventeen North of Range 
 Seven West; thence North to the middle of the Northern boun- 
 dary of said sections; thence East to the middle of the Northern 
 boundary of Section Nineteen in Township Seventeen North of 
 Range six West; thence North to the centre of Section Eighteen 
 Township and Range last aforesaid; thence East to the middle 
 of the Eastern boundary line of said section; thence North to 
 the channel of Rock Creek, thence down the channel of Rock 
 Creek to where the Northern boundary line of section Nine, 
 Township and Range last aforesaid, crosses the same; thence 
 East to the South West corner of Section Two, Township & 
 Range last aforesaid; thence North to the South East corner 
 of Section Twentyseven in Township Eighteen North, Range 
 aforesaid ; thence East to the South East corner of Section Thirty 
 in Township Eighteen North Range Four West; thence North 
 to the South East corner of Section Eighteen in Township Nine- 
 teen North Range last aforesaid; thence West to the line be- 
 tween Ranges Four & Five; thence North to the Northern boun- 
 dary line of Sangamon county ; thence West with said line to the 
 Illinois river; thence with the present boundary lines of Sanga- 
 mon county to the place of beginning shall form and constitute 
 the county of Menard — 
 
 Sec. 2nd That all that tract of country lying within the fol- 
 lowing boundaries towit, Begining at the North West corner 
 Township Twenty North of Range Four West; thence South 
 to the South West corner of Section Eighteen, in Township 
 Nineteen North of Range aforesaid; thence East one mile, thence 
 South to the South East corner of the county of Menard ; thence 
 
366 UNCOLLECTED WORKS OF LINCOLN 
 
 East to the line dividing Ranges Three and Four; thence South 
 to the South West corner of Section Seven Township Seventeen 
 North of Range Three West; thence East to the Eastern boun- 
 dary lines of Sangamon county ; thence with the present boundary 
 lines of Sangamon county to the place of begining shall con- 
 stitute the county of Logan 
 
 Sec. 3rd That all that tract of country lying within the fol- 
 lowing boundaries, towit; Begining where the Third Principal 
 Meridian crosses the North Fork of the Sangamon river; thence 
 down said river to the line between Sections Nine & Ten in 
 Township Fifteen North of Range Three West; thence South 
 to the South East corner of Section Four in Township Four 
 North Ranges last aforesaid; thence West three miles by the 
 surveys; thence South three miles by the surveys; thence West 
 three miles by the surveys; thence South to the Southern boun- 
 dary of Township Eleven, Ranges last aforesaid; thence East 
 with the surveys to the Third Principal Meridian; thence North 
 to the place of begining shall constitute the county of Dane — 
 
 Sec. 4th That Benjamin Mitchell of Tazewell county, John 
 Henry of Morgan County, Newton Walker of Fulton county, 
 Richard O. Wariner of Montgomery county, and Achilles Morris 
 of Sangamon county be and they are hereby appointed commis- 
 sioners to locate the seats of Justice of the counties of Menard 
 and Dane — Said commissioners or a majority of them shall 
 meet at Petersburg in Menard county on the first monday of 
 May next, or within twenty days thereafter, and after being first 
 duly sworn by some one authorized to administer oaths, faith- 
 fully and impartially discharge the duties imposed on them by 
 this act, shall proceed to explore said county and to locate the 
 seat of Justice thereof with a view to present and future popula- 
 tion; which location, when made shall be and remain the Seat of 
 Justice of the county of Menard — 
 
 Sec. 5th Said commissioners or a majority of them, shall 
 meet at such place within the county of Dane as may be agreed 
 on by them and at such time as they may agree upon not ex- 
 ceeding twenty days after they shall have located the seat of 
 justice of Menard county, and shall then and there proceed to 
 make the location of the seat of justice of the said county of 
 Dane, in all respects conformably with the fourth section of this 
 act — 
 
 Sec. 6th Said commissioners shall make out a certificate of 
 
UNCOLLECTED WORKS OF LINCOLN 367 
 
 the location of the seat of justice of each of the said counties 
 of Menard and Dane, stating what tract of land, and what part 
 of the tract each location is made upon; which certificate shall 
 be signed by the said commissioners, and filed in the office of the 
 clerk of the county commissioners' court of Sangamon county, 
 and shall be evidence of the said locations respectively — 
 
 Sec. 7th Neither of said locations shall be made on private 
 property unless the owner thereof shall either convey to the 
 county, twenty acres of land, having the location at or near the 
 centre thereof, or donate in money, to be applied to the erection 
 of public buildings, the sum of three thousand dollars — 
 
 Sec. 8th That Charles Emmerson of Macon county, Chenney 
 Thomas of McLean county and Charles R. Matheny of Sanga- 
 mon county, be, and they are hereby appointed commissioners to 
 locate the seat of justice of Logan county; and who, or a ma- 
 jority of whom, shall, in all respects, perform their duties in 
 the manner that the commissioners for the location of county 
 seats of the counties of Menard and Dane, are by the act required 
 to do, and shall meet at the town of Postville in said county 
 of Logan, on the first Monday of May next, or within twenty 
 days thereafter for the purpose of performing the same; and 
 such location when so made shall be and remain the seat of 
 justice of the said county of Logan until the end of the session 
 of the General Assembly in the year 1841 — 
 
 Sec. 9th Each of said commissioners named in this act, shall 
 receive out of the county treasuries respectively for which he 
 may have served, such per diem allowance, as shall be paid the 
 members of the present General Assembly — 
 
 Sec. 10th An election shall be held on the first Monday of 
 April next in each of the counties established by this act, to elect 
 for each of said counties, one Sheriff, One Coroner, one Re- 
 corder, one County surveyor, three commissioners, one clerk of 
 the county commissioner's court, and one Probate Justice of the 
 Peace, who shall hold their offices until the next succeeding gen- 
 eral election which elections shall be conducted in all respects- 
 agreeably to the law regulating elections — Said elections shall be 
 held in the county of Menard, at Petersburg, Sugar Grove, Huron, 
 and Lynchburg ; in the county of Logan at Postville and Pulaski ; 
 in the county of Dane at Buck Heart Grove, Allenton, and the 
 house of John Durbin, and shall be held by the judges heretofore 
 appointed by the authority of Sangamon county for those pre- 
 
368 UNCOLLECTED WORKS OF LINCOLN 
 
 cincts respectively, provided that where, any place named in this 
 act for holding said election, has not heretofore been an election 
 precinct, the electors meeting there may choose their own judges 
 and clerks, who shall be qualified according to law, previous to 
 entering upon the discharge of their duties. 
 
 Sec. 11th The judges of elections shall deliver to each of- 
 ficer elected a certificate of his election. The poll books shall 
 be retained by them until the clerks of the county commissioner's 
 courts, shall respectively be qualified and then deliver such poll 
 books of each county to its own clerk, who shall make and trans- 
 mit to the Secretary of State an abstract of the votes given at 
 such election in the same time, manner and form as is required 
 of clerks of county commissioners courts in elections in other 
 counties of this state. 
 
 Sec. 12th The said counties hereby established shall be at- 
 tached to and form part of the first judicial circuit — 
 
 Sec. 13th The county of Menard shall be entitled to one 
 representative in the General Assembly, the counties of Logan 
 and Dane together one, the county of Sangamon five, and the 
 four together two Senators and, in case any vacancy shall occur 
 previous to the next election, the four counties shall vote together 
 to fill said vacancy in the same manner as if no division had 
 taken place — 
 
 Sec. 14th All business now pending in the Sangamon cir- 
 cuit court, or which shall be commenced therein previous to the 
 organization of the counties hereby established, shall be deter- 
 mined therein, as if no new counties had been established; and 
 the sheriff of Sangamon county is hereby authorized to perform 
 all duties within the boundaries of the said new counties, which 
 may be necessary for the finishing of the aforesaid business. 
 
 Sec. 15th The judges of the several elections precincts within 
 the aforesaid counties shall meet at the several places hereinafter 
 named on the second day after said election to compare their 
 respective polls — in the county of Menard, at the town of Peters- 
 burg, in the county of Logan at the town of Pulaski, in the 
 county of Dane at the town of Allenton — 
 
 LAND RESOLUTIONS DRAWN BY MR. LINCOLN AND 
 
 PRESENTED TO THE HOUSE, JANUARY, 1839 
 
 Diligent search has failed to locate the original manuscript 
 
 of this report and of the resolutions which gave it effect, but there 
 
 is little if any doubt that Lincoln was the author of both of them, 
 
UNCOLLECTED WORKS OF LINCOLN 369 
 
 for they clearly reflect his method of expression and mental 
 processes at this period of his career. As a member of the Gen- 
 eral Assembly he had done much to fasten upon the people of 
 Illinois a general improvement scheme that called for large and 
 continuing expenditures, and was now drifting toward the rocks; 
 and, to avert threatened disaster, he proposed that Illinois should 
 buy from the General Government all public lands in the State 
 for twenty- five cents an acre, sell them to settlers and other pur- 
 chasers for one dollar and twenty-five cents an acre — the mini- 
 mum price at which the Government then sold public lands — and 
 in this way create a fund from which could be paid the interest 
 on the steadily growing General Improvement debt. A majority 
 of the members of the Legislature approved Lincoln's plan; and, 
 the House and Senate concurring, it was duly laid before the 
 Government at Washington, which, however, ignored it. 
 
 Mr. Lincoln, from the Committee on Finance, made the 
 following report: The Committee on Finance, to which was re- 
 ferred a resolution of this House instructing them to inquire into 
 the expediency of proposing to purchase of the Government of 
 the United States all the unsold lands lying within the limits of 
 the State of Illinois, have had the same under consideration and 
 report : 
 
 That, in their opinion, if such purchase could be made on 
 reasonable terms, two objects of high importance to the State 
 might thereby be effected — first, acquire control over all the ter- 
 ritory within the limits of the State — and, second, acquire an im- 
 portant source of revenue. 
 
 We will examine these two points in their order, and with 
 special reference to their bearing upon our internal improvement 
 system. 
 
 In the first place, then, we are now so far advanced in a 
 general system of internal improvements that, if we would, we 
 cannot retreat from it without disgrace and great loss. The con- 
 clusion then is, that we must advance ; and if so, the first reason 
 for the State acquiring title to the public land is, that while we 
 are at great expense in improving the country, and thereby en- 
 hancing the value of all the real property within its limits, that 
 enhancement may attach exclusively to property owned by our- 
 selves as a State, or to its citizens as individuals, and not to that 
 owned by the Government of that United States. Again, it is 
 conceded every where, as we believe that Illinois surpasses every 
 
370 UNCOLLECTED WORKS OF LINCOLN 
 
 other spot of equal extent upon the face of the globe in fertility 
 of soil, and in the proportionable amount of the same which is 
 sufficiently level for actual cultivation ; and conseqquently that she 
 is endowed by nature with the capacity of sustaining a greater 
 amount of agricultural wealth and population than any other 
 equal extent of territory in the world. To such an amount of 
 wealth and population, our internal improvement system, now 
 so alarming, in view of its having to be borne by our present 
 numbers, and with our present means, would be a burden of no 
 sort of consequence. How important, then, is it that all our en- 
 ergies should be exerted to bring that wealth and population 
 among us as speedily as possible. But what, it may be asked, can 
 the ownership of the land by the State do towards the accomplish- 
 ment of that desirable object? It may be answered that the chief 
 obstruction to the more rapid settlement of our country is found 
 in the fact that so much of our best lands lie so remote from 
 timber — an obstruction that, did our State but own those lands, 
 our Legislature might do much towards removing, by extending 
 encouragement in the shape of donations, exemptions from or- 
 dinary burdens, or otherwise, to the rearing and cultivating of 
 timber, or to the invention of means of building and enclosure 
 that might dispense with the present profuse use of timber. This, 
 then, is another reason why the State should desire the control 
 of all the land within its limits. 
 
 Looking to these lands in the second point of view, to wit, 
 as a source of revenue, your committee submit the following: 
 There are now of unsold lands in the State of Illinois, twenty 
 millions of acres, more or less. Should we purchase all of them, 
 at twenty-five cents per acre, they would cost us five millions of 
 dollars. This sum we might borrow, and the proceeds of the 
 sales of the lands, at the present price of $1.25 per acre, would 
 repay the principal, together with the interest thereon, at five 
 per cent, for thirty years, and one-half the lands still be left us. 
 
 In a very short time we shall have contracted a very heavy 
 debt for the construction of public works; and yet those works 
 will remain for a time so incomplete as to return us nothing; 
 meanwhile the interest upon our debt must be paid. When this 
 juncture shall arrive (as surely it will) we shall find ourselves 
 at a point which may aptly be likened to the dead point in the 
 steam-engine — a point extremely difficult of turning — but which, 
 when once turned, will present no further difficulty, and all will 
 again be well. The aid that we might derive in that particular 
 
UNCOLLECTED WORKS OF LINCOLN 371 
 
 juncture, by the purchase of public lands, affords, in the openion 
 of the committee, the strongest reason for making that purchase. 
 The annual proceeds of the sales of those lands, should the subse- 
 quent sales bear any proportion to those of former times, will pay 
 the interest on the loan created for their own purchase, and also 
 upon many millions of our internal improvement loans ; and that, 
 too, at that particular time when we shall have but very small, if 
 any other means of paying it. And finally, when our public 
 works shall be completed and consequently able to sustain them- 
 selves, the proceeds of the sales of the lands may be diverted to 
 the payment of the original debt contracted for the purchase of 
 them. To show that we are not mistaken in saying that the pro- 
 ceeds of the sales of the lands will annually pay the interest on 
 their own loan, and also on a large amount of the internal im- 
 provement loan, it is only necessary to state that the interest on 
 the land loan would be but five hundred thousand dollars an- 
 nually, and that the proceeds of the sales of the public lands in 
 this State have, in one instance, been about three millions a year, 
 (the committee speak from memory only;) so that, should the 
 average of the subsequent sales be half as large, we still should 
 have left one million annually, to pay interest on our internal 
 improvement debt. 
 
 The only remaining question is, whether there is any proba- 
 bility of the General Government accepting such a proposal. We 
 think there are some reasons for believing it would. It would 
 relieve the General Government from a perpetual source of ex- 
 pensive and vexatious legislation, which, perhaps, annually ab- 
 sorbs one-tenth it receives from that source of revenue. She 
 would receive of us, at once, and without trouble, five millions 
 of dollars — a sum one-third part as large as she paid a foreign 
 government for the Louisiana territory, then including what now 
 are the States of Louisiana, Arkansas, and Missouri — and re- 
 ceive it too, after having received of us, for lands already sold, 
 a sum equal to the whole sum paid for the Louisiana territory; 
 and she would receive that five millions of dollars at a time when 
 she is in most particular need of money. 
 
 But should your committee be mistaken ; should there be no 
 probability of the General Government accepting our proposal, 
 still, it is believed no evil can follow the making it. 
 
 The committee, therefore, submit the following resolutions: 
 
 Resolved by the General Assembly of the State of Illinois, 
 
 That the said State propose to purchase of the Government of 
 
372 UNCOLLECTED WORKS OF LINCOLN 
 
 the United States all the lands not sold or otherwise disposed of, 
 within the limits of said State, at the rate of twenty-five cents 
 per acre, to be paid (unless otherwise agreed upon) at such time 
 as the said Government of the United States shall deliver over 
 to the authorities of the said State of Illinois all the plats, field- 
 notes &c, pertaining to the surveys of said lands. 
 
 Resolved, That the faith of the said State of Illinois is 
 hereby irrevocably pledged to carry into effect the foregoing pro- 
 posal, if the Government of the United States shall accept the 
 same within two years from the passage hereof. 
 
 Resolved, That our Senators in Congress be instructed, and 
 our Representatives requested, to use their best exertions to 
 procure the passage of a law or resolution of Congress accepting 
 the foregoing proposal. 
 
 Resolved, That the Governor be requested to transmit a copy 
 of the foregoing resolutions to each of our Senators and Repre- 
 sentatives in Congress. 
 
 Mr. William of Adams said he was not sasisfied with the 
 report. 
 
 Mr. Lincoln replied, that as the object had in view by the 
 purchase would be the mitigation of the burthen of taxation, he 
 believed the people would not demand the reduction spoken of 
 by the gentleman. He thought the end proposed by his report 
 would be obtained; that Congress would sell on the terms pro- 
 posed; and that by holding out inducements for the draining of 
 swamps, and the cultivation of our large prairies, for growing 
 timber, all our lands would sell. He instituted a comparison be- 
 tween Illinois and Indiana ,and showed we were not ten years 
 behind Indiana, and yet she had but 4,000,000 of acres unsold; 
 that Ohio had but say 1,500,000 acres, and yet we were not 
 twenty years behind Ohio ; that we might expect Illinois to popu- 
 late, and her lands to sell more rapidly than in either of these 
 States. He said that at all events he deemed the question worthy 
 of consideration, and for that purpose he had brought in the 
 report. 
 
 Mr. Rewalt moved that the report and resolutions be laid 
 on the table and printed, which was done. 
 
 ENTRY IN THE FEE BOOK OF STUART & LINCOLN, 
 JANUARY 28, 1839 
 This entry in the fee book of Stuart & Lincoln was made 
 by the junior partner. It refers to the suit of Kinzie and For- 
 
UNCOLLECTED WORKS OF LINCOLN 373 
 
 sythe against Samuel Musick. No legal documents for this suit 
 appear to be available. 
 
 Jan. 28, 1839 Sent Kinzie $75. by check. 
 
 PROOF OF SUMMONS SERVED IN THE SUIT OF 
 
 HART VS. HOUGHTON AND HARRISON, 
 
 SANGAMON CIRCUIT COURT, 
 
 JANUARY 29, 1839 
 
 (Herndon-Weik Collection) 
 
 The part of this document beginning with "Executed the 
 within on" and concluding with "this 29th day of Jany 1839" 
 was penned by Mr. Lincoln. It is evident that he was dissatis- 
 fied with the notations by the sheriff, as these are crossed out on 
 the cover, and the more exact wording of Mr. Lincoln takes their 
 place — proof of the care exercised by him in legal documents. 
 This summons is a part of a case in which Rhoda Hart, execu- 
 trix, sued almost everyone with whom she could engage in ligita- 
 tion. The Sacketts, Harts, Houghton, Harrison, Penny and Mc- 
 Elwin were involved. The three last named appear to have had 
 common cause in the case. The suit was settled by written agree- 
 ment on July 16, 1841, when Harrison agreed to pay court costs, 
 and the case was dismissed. Penny and McElwin joined in the 
 agreement of Harrison. 
 
 Rhoda Hart exc & 
 
 l 
 
 vs. \ Sum. 
 
 J 
 
 Jefferson Hart 
 Melissa Jane Hart & 
 Rhoda Hart 
 To March Term 1839 
 
 (Five lines crossed out) 
 Service 50 
 
 Copy 50 
 
 Travel 75 
 
 Rtts— \2y 2 
 
 $1.87 y 2 
 
 G. Elkin Shff S. C 
 
 By Wm Lavely Deputy 
 
 Executed the within on Jefferson Hart by leaving a copy 
 

 374 UNCOLLECTED WORKS OF LINCOLN 
 
 thereof at his usual place above, with a white person of the 
 family of the age of ten years and afterwards, towit, with Elijah 
 Houghton, and informing said Houghton of the contents there- 
 of— this 29th of Jany 1839. 
 
 G. Elkin Shff s c 
 By Wm Lavely D. S 
 
 MR. LINCOLN INTRODUCES A BILL FOR THE RELIEF 
 
 OF THE CLERK OF SANGAMON COUNTY, 
 
 FEBRUARY 6, 1839. 
 
 In the opening weeks of 1839 his relations with the State 
 Bank of Illinois, then in deep waters, seriously embarrassed Clerk 
 Charles R. Matheny of Sangamon County, and on February 6, 
 concerned as always for a friend's affairs, Mr. Lincoln intro- 
 duced into the House a bill for an act for his relief. The original 
 title of this measure was "A bill for an act for the relief of the 
 clerk of the circuit court of Sangamon county," but when it was 
 referred to a select committee for consideration the representa- 
 tives of other counties demanded like relief, and on February 23, 
 on its author's motion, the measure was amended to include the 
 clerks of the counties of Clinton, Fayette and Franklin. In its 
 more inclusive form the bill in due course became law. It was 
 while this measure was pending that on February 14 Mr. Lincoln 
 requested his partner in Springfield to renew a note of his falling 
 due at the Illinois State Bank, for which he enclosed a new note 
 signed in blank, explaining to Stuart that funds for the renewal 
 were in the hands of their mutual friend, William Butler. And 
 he added in characteristic conclusion : "Ewing won't do anything. 
 He is not worth a damn" — a reference na doubt to the recent 
 and unsuccessful attempt of William L. D. Ewing to repeal the 
 bill removing the state capital to Springfield. 
 
 A bill for an act for the relief of the clerk of the circuit 
 court of Sangamon County. 
 
 Sec. 1. Be it enacted by the people of the State of Illinois 
 represented in the General Assembly, that whenever the clerk of 
 the circuit court of Sangamon County shall make out a fee bill 
 in due form of law, for services rendered by him or by his 
 predecessor in office, as clerk, in all cases in which the presi- 
 dent and directors of the State Bank of Illinois were a party, 
 so far as said services were rendered for said Bank, and for 
 which it is, or would be liable, as such party, and shall transmit 
 the same to the Auditor of Public Accounts, said Auditor shall 
 
UNCOLLECTED WORKS OF LINCOLN 375 
 
 issue his warrant upon the Treasury in favor of said clerk for 
 such amount as may be so shown to be due him. 
 
 Sec. 2. Said clerk, in making out said fee bill shall be liable 
 to the same penalties and forfeitures for any violation of the 
 present law regulating fees as he would be in any other case. 
 
 Amend the first section by inserting immediately before the 
 word "state" in the seventh line, the word "old". 
 
 "Further amend by adding, as a third section, the follow- 
 ing- 
 Sec. 3. The clerks of the circuit courts of Franklin, Fayette 
 and Clinton counties shall be entitled to the same benefits, sub- 
 ject to the same pre-requisites and liabilities under this act, as 
 the said clerk of Sangamon County. 
 
 BOND GIVEN IN THE SUIT OF ADKINS VS. HAINES, 
 MACON CIRCUUIT COURT, FEBRUARY 7, 1839 
 
 (Photostat from the National Lincoln Life Foundation) 
 
 The spelling, lack of punctuation, and format should prove 
 this a legal work not by Mr. Lincoln. It is included as one of the 
 papers in a case in which he acted as counsel, and in which he 
 wrote a plea on June 4, 1839. The lack of a Judge's Docket for 
 this period in Macon County makes it difficult to locate Lincoln 
 cases, except where his name is cited, but in case\s where the 
 documents exist, research thus far has not unearthed a history of 
 this case. 
 
 We Robert Haines and John G. Deeds Acknowledge our- 
 selves to be indebted to the People of the State of Illinois in the 
 sum of one hundred dollars to be levied of our respective goods 
 Chattels Lands & tenements for the use of said People 
 
 Rendered yet taken upon this Condition that if the said 
 Robert Haines shall personally appear before the Circuit Court 
 of Macon County & State of Ills, on the first day of next term 
 thereof to be holden on the second Monday in the month of May 
 next to Answer David Adkin in a plea In slander 
 
 And not depart without leave of the Court then this Re- 
 conisance to be void otherwise to Remain in full force and virtue 
 
 Witness our hands & seals the 7th day of February A. D. 
 1839 
 
 his 
 
 Robert x Haines (Seal) 
 mark 
 
 John G. Deeds (Seal) 
 
376 UNCOLLECTED WORKS OF LINCOLN 
 
 PRAECIPE IN THE SUIT OF VAN BERGEN VS. 
 ARMSTRONG, SANGAMON CIRCUIT COURT, 
 FEBRUARY 12, 1839 
 (Herndon-Weik Collection) 
 This praecipe is included with the declaration of February 
 20, 1839 as part of a case engaged in by Mr. Lincoln, but in which, 
 as he was then in Vandalia, he did not pen the legal papers. The 
 document is in the hand of John T. Stuart, and the notations ap- 
 pear to be in that of William Butler. The filing date is of interest, 
 as Abraham Lincoln celebrated his birthday on that day. 
 Peter Van Bergen assignee ] 
 of Nathaniel A. Rankin — I Action of Debt 
 
 vs. J Debt $300.00 
 
 Hugh M. Armstrong &. I Damages $100.00 
 Hosea I. Armstrong 
 
 The Clerk of the Sangamon Circuit Court will issue a sum- 
 mons for the Defendants in the above entitled cause returnable to 
 the next Term of the Sangamon Circuit Court. 
 
 Stuart & Lincoln 
 February 12th 1839 
 Peter Van Bergen 
 assignee of Rankin 
 
 vs j- Precipe 
 
 J 
 
 Hugh M. Armstrong 
 Hosea I. Armstrong 
 Filed February 12th 1839 
 
 BILL DRAWN AND INTRODUCED BY MR. LINCOLN 
 TO INCORPORATE THE SANTA FE RAILROAD 
 
 COMPANY, FEBRUARY 19, 1839. 
 The granting of charters, many of them for enterprises 
 which died in their infancy, was a major activity of the General 
 Assembly of Illinois in the opening weeks of 1839, and in these 
 grants Mr. Lincoln now and again had an important part. Thus 
 on February 19 Edwin B. Webb Introduced in the House a bill 
 the member from Sangamon had drawn for the incorporation of 
 the Santa Fe Railroad Company, an ambitious project which never 
 reached the stage of roadbed and rails, but the name of which 
 is preserved in one of the great trans-continental lines of the 
 present time. 
 
UNCOLLECTED WORKS OF LINCOLN 377 
 
 And February 19 was in other ways a busy day for Mr. 
 Lincoln. On his motion the House rules were dispensed with, 
 and a bill to incorporate the Vandalia and Alton Turnpike Road 
 Company ordered to a second reading, while, also on his motion, 
 the counties of Dane, Logan and Menard were added to the 
 eighth judicial circuit. Finally in the evening he attended a joint 
 session of the House and Senate called to elect seven commis- 
 sioners of the Board of Public Works, and voted for four of the 
 men chosen, one of them a Democrat and three of them Whigs. 
 
 Sec. 1. Be it enacted by the people of the State of Illinois, 
 represented in the General Assembly, That M. I. Newman, R. C. 
 Wool folk, James C. Mc Pheeters, George Cloud, Wilson Able, 
 Thomas Howard and John Hodgers. and their associates, 
 
 successors, and assigns, are hereby created a body corporate and 
 politic, under the name and style of the Santa Fe Rail Road Com- 
 pany for the term of fifty years ; and by that name may be and 
 are hereby made capable in law and equity to sue and be sued, 
 plead and be impleaded, defend and be defended, in any court or 
 courts of record; to make, have, and use a common seal, and 
 the same to renew and alter at pleasure, and shall be and are 
 hereby vested with all the powers, privaleges, and immunities 
 which are or may be necessary to carry into effect the purposes 
 and objects of this act as hereinafter set fourth; and the said 
 company are hereby authorized and impowered to locate, con- 
 struct, and finally complete a rail road from St. A. Fee in Alex- 
 ander County to the Central Rail Road at some point on said 
 Rail Road south of Jonesboro, upon the most eligible and con- 
 venient route and said corporation is hereby authorised to join 
 and connect with the central rail Road, and for this purpose the 
 said company are authorized to lay out their said road wide 
 enough for a double or single track through the whole length; 
 and for the purpose of cutting embankments, stone, and gravel, 
 may take as much more land as may be necessary for the pro- 
 posed construction and security of said railroad: Provided, All 
 damages that may be occasioned to any person or corporation, 
 by taking such lands or materials for the purposes aforesaid, 
 shall be paid for by the company in the manner hereinafter pro- 
 vided. 
 
 Sec.2. The capital stock of said company shall consist of 
 three hundred thousand dollars, to be divided into shares of one 
 hundred dollars each. The immediate government and direction 
 of said company shall be vested in five directors, who shall be 
 
 ^■£: 
 
378 UNCOLLECTED WORKS OF LINCOLN 
 
 chosen by the stockholders of said company in the manner here- 
 inafter provided, who shall hold their offices for one year after 
 their election, and until others shall be duly elected and qualified 
 to take their places as directors, a majority of whom shall form 
 a quorum for the transaction of business, shall elect one of their 
 members, president of the board, who shall also be the president 
 of the company. 
 
 Sec. 3. The said corporation is hereby authorized by their 
 agents, surveyors, and engineers, to cause such examinations and 
 surveys of the ground and country to be made between said 
 points as shall be necessary to determine the most advantageous 
 route for the proper line or course whereon to construct their 
 said railroad; and it shall be lawful for the said corporation to 
 enter upon, and take possession of, and use all such lands and 
 real estate as may be necessary to the construction and main- 
 tenance of their said railroad, and the accommodations requisite 
 and appertaining to the same; and, may also hold such lands as 
 they may purchase or receive in any manner for the necessary 
 purpose of said road; Provided, That all lands or real estate 
 entered upon, and taken possession of, and used by said corpora- 
 tion for the purpose and accommodations of the said railroad, 
 or upon which the site for the said railroad shall have been lo- 
 cated or determined by the said corporation, shall be paid for 
 by the said corporation in damages, if any be sustained by the 
 owner or owners thereof, by the use of the same, for the pur- 
 pose of said railroad, which damages shall be ascertained in the 
 same manner that damages are ascertained in the case of public 
 roads running through the lands of individuals, some one of the 
 directors acting in the stead of the supervisor of the general road 
 law. 
 
 Sec. 4. If any person shall wilfuly, maliciously or wantonly, 
 and contrary to law, obstruct the passage of any car on said rail- 
 road, or any part thereof, or any thing belonging thereto, or shall 
 damage, brake, or destroy any part of said railroad, or imple- 
 ments or buildings, he, she, or they, or any persons assisting, 
 shall forfeit and pay to said company for every such offense 
 treble the amount of damages that shall be proved before any 
 court competent to try the same, to be sued for in the manner 
 and behalf of said company, and such offender or offenders shall 
 be deemed guilty of a misdemeanor, and shall be liable to an 
 indictment in the same manner as other indictments are found 
 in any county or counties where such offence shall have been 
 
UNCOLLECTED WORKS OF LINCOLN 379 
 
 committed ; and upon conviction, such offender or offenders shall 
 be liable to a fine not exceeding one thousand dollars for the use 
 of the county when such indictment may be found. 
 
 Sec. 5. M. I. Newman, R. C. Wool folk, George Cloud, are 
 hereby appointed commissioners to open subscription books for 
 the stock of said company; and said commissioners or a majority 
 of them, are hereby authorized to open subscription books for 
 said stock, at such places as they may deem proper and shall give 
 at least thirty days' notice of the times and places when and where 
 such books will be opened, in the state paper printed at Vandalia, 
 and shall keep said books open at least five days, unless the whole 
 amount of capital stock shall be subscribed before the expiration 
 of the said five days; and they shall require each subscriber to 
 pay five dollars on each share subscribed, at the time of subscrib- 
 ing; and at the expiration of the said five days, if the whole of 
 the said capital stock shall be subscribed the said commissioners 
 shall call a meeting of the stockholders by giving ten days' notice 
 in a newspaper printed in Vandalia ; and at such meeting it shall 
 be lawful to elect the directors of the said Company and when 
 the directors of said company are chosen the said commissioners 
 shall deliver said subscription books, together with all sums of 
 money received by them as such commissioners, to said directors ; 
 Provided, That no person shall be a director unless he shall own 
 at least five shares of the capital stock. Said company is hereby 
 authorized to borrow any sum of money not exceeding their 
 capital stock, and to make all such contracts as said corporation 
 may deem necessary to carry into effect the powers and privaleges 
 hereby granted. 
 
 Sec. 7. That the rights of way and the real estate purchases 
 for the right of way by said company, whether by mutual agree- 
 ment between the said corporation and the owner or owners of 
 said land or real estate, or which shall become the property of 
 the said company by operation of law as is in this act provided, 
 shall, upon the payment of the amount belonging to the owner or 
 owners of such lands, as a compensation for the same, become 
 the property of said corporation, absolutely and in fee simple. 
 
 Sec. 8. The Legislature reserves to itself the right to pur- 
 chase the stock of said company at any time by paying the amount 
 actually expended thereon, with the interest at the rate of six 
 per cent per annum ; and for the purpose of ascertaining the value 
 thereof, the Legislature may appoint two or more commissioners, 
 who, being duly sworn, shall proceed to ascertain by inspection 
 
380 UNCOLLECTED WORKS OF LINCOLN 
 
 and the oath of witnesses the actual value of the road, fixtures, 
 apparatus, and cars as aforesaid. The corporation may take and 
 transport on the said railroad any person or persons, merchandize, 
 or other property, by the force and power of steam, or animals, 
 or any combination of them ; and may fix and establish, take and 
 receive such rates of toll for all passengers and property trans- 
 ported upon the same, as the directors shall from time to time 
 establish ; and the directors are hereby authorised and empowered 
 to make all necessary rules and regulations, by-laws and or- 
 dinances, that they may deem necessary and expedient to ac- 
 complish the designs and purposes, and to carry into effect the 
 provisions of this act ,and for the transfer and assignment of its 
 stock, which is hereby declared personal property and transfer- 
 able in such manner as shall be provided for by the by-laws and 
 ordinances of said corporation. 
 
 Sec. 9. Said company shall transport the United States mail 
 upon the whole line of said road, whenever required by the Post 
 Master General; Provided, That if the Postmaster General and 
 the company shall be unable to agree upon the compensation to 
 which said company shall be entitled, the Postmaster General 
 may choose one person and the said company shall choose an- 
 other, who, should they be unable to agree upon the compensa- 
 tion to which said company shall be entitled, shall choose a third 
 person, and the compensation fixed by them or a majority of 
 them, shall be binding upon said company. 
 
 Sec. 10. If the said company shall not commence the work 
 in two years from the passage of this act and complete within 
 five years, then this act shall thenceforth cease and be void. 
 
 MR. LINCOLN REPORTS A SUPPLEMENT TO THE ACT 
 ESTABLISHING DANE, LOGAN AND MENARD 
 
 COUNTIES, FEBRURY 20, 1839 
 Mr. Lincoln wrote and on February 20, 1839, reported from 
 the Committee on Counties this supplement to ^the act establish- 
 ing Dane, Logan and Menard Counties. It was at once ordered 
 engrossed for a third reading, passed by the House the same day, 
 duly approved by the Senate and signed by the governor. It will 
 be noted that its purpose was to assure the tenure of office of 
 county officials and members of the House and Senate affected 
 by the creation of the new counties — a departure which, be it said, 
 cost Mr. Lincoln many former supporters in that section of San- 
 gamon which became Menard County. 
 
UNCOLLECTED WORKS OF LINCOLN 381 
 
 Sec 1st Be it enacted by the People of the State of Illinois 
 represented in the General Assembly that the officers to be elected 
 under the provisions of the act to which this is supplemental shall 
 hold their offices respectively as long after the next August elec- 
 tion as they would do under the general law if they had been 
 elected at said August election — 
 
 Sec 2 In all elections for a Senator or Senators in the dis- 
 trict composed of the counties of Menard, Logan, Dane and 
 Sangamon, the clerks of the county commissioners courts of the 
 three first named counties shall, within 10 days after each elec- 
 tion, return abstracts of the votes given for a Senator or Sen- 
 ators to the Clerk of the County Commissioners' court of San- 
 gamon county, who shall, in presence of two Justices of the 
 Peace, compare said abstracts, together with the votes given for 
 such Senator or Senators in Sangamon County, and shall, as 
 soon as convenient, make out, and deliver a certificate of election 
 to the person so shown to be elected — 
 
 Sec. 3 In all elections for a Representative to the General 
 Assembly, in the counties of Logan and Dane, the clerk of the 
 county commissioner's courts of said counties shall, within ten 
 days after each election, meet at the county seat of Logan county, 
 and shall, in the presence of two Justices of the Peace, proceed 
 to compare the votes given in said counties for Representatives, 
 and also to make out a certificate of election for the person so 
 shown to be elected; which certificate shall be delivered to such 
 person as soon thereafter as convenient. — 
 
 Sec. 4. Militia duty shall be performed in the counties of 
 Menard, Logan and Dane, and Sangamon, as if no division had 
 been made. 
 
 BILL REPORTED BY MR. LINCOLN TO INCORPORATE 
 THE FRANKLIN INSTITUTE, FEBRUARY 20, 1839 
 
 At an evening session of the House on February 20, on Mr. 
 Lincoln's motion, the rules were dispensed with, and he reported 
 from the Committee on Elections this act which he had probably 
 drawn to incorporate the Franklin Institute, designed to function 
 at the town of Frankfort in Franklin County. It deserves careful 
 study, for it clearly evidences the measure of skill Mr. Lincoln 
 had acquired as a drafter of proposed legislation. 
 
 Sec. 1 Be it enacted by the people of the state of Illinois 
 Represented in the General Assembly 
 
 That Solomon Clark Meshack, Morris Williams, A. Roberts, 
 
 
 P 
 
382 UNCOLLECTED WORKS OF LINCOLN 
 
 Isaac Barber, John T. Knox, Ralph Elston, George P. Bayer, 
 Mathew C. Colbay, John B. Maddox, William G. Stephenson and 
 their successors be and they are hereby constituted a body politic 
 and corporate to be known by the name of the Trustees of the 
 Franklin Institute and by that name shall have perpetual succes- 
 sion and have a common seal with power to change the same at 
 pleasure and as such shall be authorized to exercise all powers 
 and privileges that are enjoyed by the Trustees of any Seminary, 
 college or university in this state not herein limited or otherwise 
 directed. 
 
 Sec. 2 That the said Trustees shall hold their first stated 
 meeting at the Town of Frankfort in the County of Franklin on 
 the first Monday of June next or so soon thereafter as may be 
 convenient and they or a majority of them shall as soon as they 
 think proper fix upon a permanent seat for said institute and 
 proceed to erect buildings thereon as soon as convenient and the 
 interests of said institution may require. 
 
 Sec. 3 The said trustees or their successors by the name 
 aforesaid shall be capable in law to purchase, receive and hold 
 to themselves and their successors for the use and benefit of said 
 institution any land, tenements or rents, good and chatels of what 
 kind soever which shall be given or devised to or purchased by 
 them for the use of the Franklin Institute. 
 
 Sec. 4 The said trustees by the name aforesaid may sue and 
 be sued, plead and be impleaded in any court of law or equity in 
 this state. 
 
 Sec. 5 In case a sufficient number of members do not at- 
 tend to constitute a board at any meeting those who do attend 
 may adjourn to any day thereafter or to the next stated meet- 
 ing and shall give ten days previous notice thereof. 
 
 Sec. 6 Five members shall be sufficient to constitute a board 
 for the transaction of all business respecting the said institute ex- 
 cepting those cases particularly excepted. 
 
 Sec. 7 The assent of the Majority of the whole number of 
 the members of the Institute shall be necessary to perform the 
 following business : elect and fix the Salary of the President, to 
 fix the permanent seat of the institute, and sell or convey any 
 lands tenements or rents belonging to Said Institute. 
 
 Sec. 8 The Trustees shall have power from time to time to 
 establish such by laws and ordinances not contrary to the con- 
 stitution and laws of this state as they shall deem necessary for 
 the said institute. 
 
UNCOLLECTED WORKS OF LINCOLN 383 
 
 Sec. 9 The Trustees shall elect a President, Treasurer & 
 clerk to their own body and so many professors, Tutors or Mas- 
 ters as may be necessary and upon the death, resignation or legal 
 disability of any of the Trustees, President or other officers of 
 the Said institute the board of Trustees shall supply the vacancy 
 by ballott. 
 
 Sec. 10 The Treasurer of said Institution always and all 
 other agents when required by the Trustees before entering upon 
 the dutires of their appointments shall give bond for the security 
 of the corporation in such Penal sum and with such security as 
 the board of Trustees shall approve, and all processes against the 
 said corporation shall be by summons and Service of the same 
 shall be by leaving an attested copy with the Treasurer of the 
 institute at least 30 days before the action day thereof. 
 
 Sec. 11 The said institute and their preparatory department 
 shall be open to all denominations of christians and the profes- 
 sion of any religious faith shall not be required of those who 
 become students. All persons however may be suspended or ex- 
 pelled from said institution whose habits are evil or vicious or 
 whose moral character is bad. 
 
 Sec. 12 The President and other officers of the Said institute 
 shall be subject to the sanction of the board of Trustees and con- 
 tinue in office during good behavior. 
 
 Sec. 13. The President of the board of Trustees shall have 
 full powwer to call special meetings of the Said Trustees and 
 it shall be his duty upon the request of three of them to do the 
 same, but upon any call meeting ten days general notice shall be 
 given by the President previous to the meeting. 
 
 Sec. 14 The Trustees of the corporation shall have authority 
 from time to time to prescribe and regulate the course of studies 
 to be pursued in said institute and in the preparatory department 
 attached thereto. & fix the rate of Tuitions room rent and other 
 College expences. To appoint instructors and such other officers 
 and agents as shall or may be needed in managing the concerns 
 of the institution & define their powers duties and employments. 
 & fix their compensation, to displace and remove either of the 
 instructors officers and agents. & erect the necessary buildings 
 to purchase books & chemicals & Phylosophical apparatus & other 
 suitable means of instructions to put in operation a System of 
 manual Labour for the purpose of lessening the expence of Edu- 
 cation and promoting the health of the Students to make rules 
 for the general management of the officers of the institution and 
 
 
384 UNCOLLECTED WORKS OF LINCOLN 
 
 for the regulation of the conduct of the students and to add as 
 the ability of the said corporation shall increase & the interest 
 of the community shall require additional departments for the 
 study of any or all the liberal professions, provided however that 
 nothing herein contained shall authorise the establishment of a 
 Theological department in said institution 
 
 Sec. 15 If at any time a member of the board of Trustees 
 shall absent himself for three stated meetings successively or 
 for some disorderly conduct, unless for good cause shown and 
 approved of by the said Trustees in such case, his seat shall be 
 considered vacant and the board instructed to fill his seat with 
 a member provided that the trustees of said institution shall at 
 all times be accountable for their conduct in the management of 
 the business aforesaid in such manner as the Legislature shall 
 by law direct. 
 
 312 
 
 A Bill for An act to incorporate the Franklin Institute to 
 be Engraved 
 
 Clk H. R. 
 
 DECLARATION IN THE SUIT OF VAN BERGEN VS. 
 
 ARMSTRONG ET AL, SANGAMON CIRCUIT COURT, 
 
 FEBRUARY 20, 1839. 
 
 (Herndon-Weik Collection) 
 
 This declaration is included as a Lincoln work, although not 
 
 in his hand. The document was penned by Stuart, as were the 
 
 cover notations, zvith exception of filing date in the hand of Clerk 
 
 Butler. Mr. Lincoln appeared with Mr. Stuart in the trial of the 
 
 case. It was decided on March 4, 1839, at which time the suit 
 
 for collection of $300.00 was dismissed at the defendant's cost, 
 
 that is, his payment of the court costs in the case. 
 
 State of Illinois 
 
 Sangamon County ss Of the March Term 1839 
 
 & Circuit 
 
 Peter VanBergen assignee of Nathaniel A. Rankin by his 
 Attorney complains of Hugh M. Armstrong and Hosea I. Arm- 
 strong in Custody &c in a Plea that they may render unto him 
 the sum of Three Hundred Dollars which they owe to and un- 
 justly detain from him For that whereas heretofore Towit on 
 the eighth day of February in the year of our Lord one thousand 
 eight Hundred and Thirty eight at the County and Circuit afore- 
 said the said defendants (the said Hugh M. Armstrong by the 
 
UNCOLLECTED WORKS OF LINCOLN 385 
 
 style and description of "H. M. Armstrong" and the the said 
 Hosea I. Armstrong by the style and description of "H I Arm- 
 strong") by their certain writing obligatory sealed with their 
 seals and now here in Court to be seen the date whereof is the 
 day and year aforesaid acknowledged themselves or either of 
 them to be held and firmly bound unto the said Nathaniel A. 
 Rankin by the style and description of N. A. Rankin his heirs 
 or assigns in the sum of Three Hundred Dollars above demanded 
 to be paid to the said Nathaniel A. Rankin by the description 
 aforesaid on or before the first day of February next ensueing 
 after the date of the said writing obligatory with interest on the 
 same from the date aforesaid of said writing obligatory at the 
 rate of Ten per cent, per annum and if the same was not paid 
 at maturity of said writing obligatory, said defendants bound 
 themselves to pay twelve per Cent interest from that time until 
 paid. Which said writing obligatory by endorsement thereon in 
 writing was on the Twenty seventh day of March in the year 
 of our Lord one thousand eight Hundred and Thirty eight at 
 the County & Circuit aforesaid assigned by the said Nathaniel 
 A. Rankin by the style and description of "N. A. Rankin" to the 
 said Van Bergen of which the said Defendants had notice. Yet 
 the said Defendants though often requested so to do have not as 
 yet paid to the said Plaintiff said sum of Three Hundred Dol- 
 lars above demanded nor any part thereof but have hitherto 
 wholly neglected and refused and still neglect and refuse so to 
 do. To the Damage of the said Plaintiff Hundred Dollars 
 
 and therefore he brings his suit &c. 
 
 Stuart & Lincoln — 
 Copy of Note. 
 Dollars 300.00 
 
 On or before the first day of February next we the under- 
 signed or either of us promise to pay to N. A. Rankin his heirs 
 or assigns Three hundred Dollars for Value Received with in- 
 terest on same from this date at the rate of ten per Cent per 
 annum and if not paid at maturity we agree to pay twelve per 
 Cent interest from that time until paid 
 
 H. M. Armstrong (Seal) 
 H. I. Armstrong (Seal) 
 Copy of Assignment 
 For value Received I assign the within to Peter Van Bergen 
 
 N. A. Rankin 
 March 27th 1838. 
 
^ 
 
 386 UNCOLLECTED WORKS OF LINCOLN 
 
 Peter Van Bergen 
 assignee of N. A. Rankin 
 
 1 
 
 vs. [ Decl 
 
 J 
 
 H. M. Armstrong 
 & H. I. Armstrong 
 Filed Febry 20 1839 
 Wm Butler ck 
 
 RESOLUTION BY MR. LINCOLN PERMITTING THE 
 
 PEOPLE OF VANDALIA TO USE THE HALL OF 
 
 THE HOUSE, FEBRUARY 21, 1839 
 
 Mr. Lincoln as was his wont mixed social diversion with busi- 
 ness during the last session of the Legislature in Vandalia. Wit- 
 ness the resolution which he drew and had adopted on February 
 21. On the same day, John J. Hardin, then a member of the 
 House from Morgan, reported three amendments drawn by Mr. 
 Lincoln to a bill from the Senate entitled "An act dividing the 
 state into judicial districts" zvhich had been referred to the House 
 Committee on the Judiciary. The amendments were voted on, 
 but only the first, which changed Ogle County from the fifth to 
 the ninth district, was adopted. 
 
 Resolved, That the use of the hall of the House of Repre- 
 sentatives be tendered to the ladies and gentlemen resident at 
 and visiting the town of Vandalia, on the evening of the 22d of 
 February, instant, for the purpose of any public amusement they 
 may choose to indulge in. 
 
 PLAINTIFFS DECLARATION IN THE SUIT OF 
 LANGFORD VS. DYER ET AL, SANGAMON 
 CIRCUIT COURT, FEBRUARY 22, 1839 
 (Herndon-Weik Collection) 
 The declaration and cover notations in this case are in the 
 handwriting of John T. Stuart, and the date of filing is by Butler. 
 The legal paper by the senior member of the two-year-old firm 
 is neater than usual, brit still in marked contrast with the metic- 
 ulous penmanship of the documents of the junior partner. Pen- 
 manship is not the mark of a good lawyer, bu$ Mr. Lincoln's 
 writing reveals more clarity of thought and better wording and 
 grammar than that of Stuart. The "so to do" of Mr. Lincoln is 
 "'same to do" with Mr. Stuart. As before noted, Mr. Lincoln 
 was in Vandalia at the time of the filing of the praecipe and dec- 
 
 
UNCOLLECTED WORKS OF LINCOLN 387 
 
 laration in this case. He appeared with Stuart on March 9, 1839, 
 
 when, as attorneys for the plaintiff, they asked that the case be 
 
 dismissed. The documents are included no)t as works of Mr. 
 
 Lincoln, but as a part of the documentary history of his legal 
 
 career. 
 
 State of Illinois 
 
 Sangamon county ss Of the March Term 1839. 
 
 & Circuit 
 
 James P. Langford by his attorney complains of John Dryer 
 Robert F. Coffin and Edmund G Johns trading and doing busi- 
 ness under the style and form of Dryer Coffin &Co in a Plea of 
 Trespass on the Case in assumpsit. For that whereas heretofore 
 To wit on a first day of January in the year of our Lord one 
 thousand eight hundred and Thirty Nine at the county and cir- 
 cuit aforesaid the said Defendants partners were indebted to the 
 said Plaintiff in the sum of Dollars for divers 
 
 goods wares merchandise spokes hubs lumber desks goods and 
 chattels by the said Plaintiff before that time sold and delivered 
 to the said Defendants and at their special instance and request 
 and being so indebted they the said Defendants in consideration 
 thereof afterwards Towit on the day and year last aforesaid at 
 the County & Circuit aforesaid undertook and then & there faith- 
 fully Promised the said Plaintiff to pay him said mentioned 
 sum of money when they the said Defendants should be there- 
 unto afterwards requested. 
 
 And for that whereas also afterwards Towit on the day & 
 year aforesaid at the County and Circuit aforesaid 
 
 in consideration that the said Plaintiff at 
 the special instance and request of the said defendants had be- 
 fore that time sold and delivered divers other goods ware & mer- 
 chandise spokes hubs lumber desks goods and chattels to the 
 said defendants they the said Defendants undertook and then 
 &there faithfully promised the said plaintiff to pay him so much 
 money as the said last mentioned goods wares merchandise hubs 
 spokes lumber desks goods & chattels at the time of the sale and 
 delivery there of were reasonably worth when they the said De-. 
 fendants should be thereunto afterwards requested. And the said 
 plaintiff avers that the last mentioned goods wares merchandise 
 spokes hubs lumber desks goods & chattels at the time of the said 
 sale & delivery there of were reasonably worth the sum of 
 
 Dollars Towit at the County & Circuit aforesaid on 
 the day and year aforesaid of which the said Defendants had 
 
388 UNCOLLECTED WORKS OF LINCOLN 
 
 notice afterwards Towit on the day and year aforesaid at the 
 County & Circuit aforesaid 
 
 Yet the said defendants though often requested have not 
 as yet paid the said several sums of money above demanded 
 or any part thereof to the said plaintiff but the same to do hath 
 hitherto wholly failed and refused and still fails & refuses to 
 the Damage of the said Plaintiff Three Hundred Dollars and 
 therefore he sues &c 
 
 Stuart & Lincoln 
 Jas P. Langford 
 
 vs Decl. 
 
 Dryer Coffin &Co 
 Filed Feby 22d 1839 
 
 WmButler Clk 
 
 AFFIDAVIT AND CAPIAS DRAWN BY MR. LINCOLN 
 
 IN THE SUIT OF EDWARDS VS. RUSH, SANGAMON 
 
 CIRCUIT COURT, MARCH 12, 1839 
 
 This affidavit and capias tell their own story. On July 12, 
 1839, the case of Edwards vs. Rush was continued at the request 
 of Stuart & Lincoln, but a search of the files of the Sangamon 
 Circuit Court yield no other facts regarding it. 
 
 State of Illinois 
 
 Sangamon County 
 
 This day personally appeared before the undersigned, clerk 
 of the circuit court in and for the county aforesaid, William Ed- 
 wards of the county aforesaid who is about to commence a suit 
 against Oliver Hazzard Perry Rush, to recover damages for 
 slanderous words spoken by the said Rush, charging this affiant 
 with stealing money; and that the said damages, or the benefit 
 of whatever judgement may be obtained by said affiant, against 
 the said Rush, in the said circuit court, will be in danger of be- 
 ing lost, unless the said Rush be held to bail agreeably to the laws 
 of this state 
 
 William Edwards. 
 Sworn to before me 
 this 12th day of March 
 1839 
 
 Wm. Butler, Clk. 
 
UNCOLLECTED WORKS OF LINCOLN 389 
 
 William Edwards 1 
 
 vs. }- Trespass on the case — 
 
 Oliver Hazzard Perry Rush.J Damage $1000.00 
 
 The clerk of the Sangamon circuit court will issue a capias 
 on the above, returnable to the next term of said court. 
 
 Stuart &Lincoln, 
 
 For Plff. 
 March 12, 1839. 
 
 PRAYER OF SAMUEL P. BAILEY DRAWN BY MR. 
 
 LINCOLN TO INTERPLEAD IN THE SUIT OF 
 
 GRIDLEY VS. LOW, SANGAMON CIRCUIT 
 
 COURT, MARCH 12, 1839 
 
 On March 7, 1839, Stuart and Lincoln secured a judgment 
 by default for $455.59 against one Hudson Low and in favor of 
 their client, Samuel P. Bailey. Five days later they sought for 
 their client permission to interplead in a suit John Gridley had 
 brought against Low to secure the payment of three notes given 
 by Low and secured by a mortgage on lands owned by him. Care- 
 ful searching has failed to reveal the outcome of Bailey's prayer 
 to the Sangamon Circuit Court. 
 
 To the Honorable the Judge of the Sangamon Circuit Court in 
 Chancery sitting — 
 
 Humbly complaining sheweth unto your Honor, your orator 
 Samuel P. Bailey, that one John Gridley has commenced a suit 
 in this court against one Hudson Low, to foreclose a mortgage, 
 on certain lands described in said Gridley's Bill, given to secure 
 the payment of three several promissory notes; that said Gridley 
 prays that the lands may be sold to satisfy two of said notes only; 
 that your orator is the legal assignee of the other said notes, 
 upon which notes he instituted suit in the common law side of 
 this court, and obtained judgement thereon at this present term — 
 
 In tender consideration of which premises your orator prays 
 permission to interplead in the said case of Gridley against Low ; 
 and that the decree in said case be so made, that his judgement 
 may be paid out of the proceeds of the sale of the said lands, 
 unless the said proceeds be insufficient to pay the whole amount 
 for which the said lands were mortgaged, in which case your 
 orator prays that a fair distributive share of said proceeds be 
 applied to the payment of his said judgement — 
 
 Samuel P. Bailey 
 
390 UNCOLLECTED WORKS OF LINCOLN 
 
 by his solicitors 
 
 Stuart & Lincoln 
 Filed Mar 12th 1839. 
 
 AGREEMENT OF DISMISSAL OF THE SUITS OF 
 FELLOWS VS. SNYDER, AND OF FELLOWS VS. 
 
 KELLAR & SNYDER, MACON CIRCUIT COURT, 
 MARCH 24, 1839 
 
 (Photostat from the Lincoln National Life Foundation) 
 
 This agreement was drawn up by the senior partner in the 
 firm of Stuart & Lincoln, and is included as the final bit of his- 
 tory in the case. The cover notations were the work of Clerk 
 Gorin. Although, as noted, the lack of a judge's docket, and 
 availability of records in cases of this period in the Macon Cir- 
 cuit Court prevent a complete presentation of case histories, in 
 this case, the declarations in both suits mentioned in the agree- 
 ment, the praecipes and bonds penned by Mr. Lincoln, and the 
 final agreement permit of a complete sketch of the two cases. 
 The declarations drawn by Mr. Lincoln were filed in September 
 and October, 1838, that of Fellows & Fellows vs. A. C. Snyder 
 on a day in October, and that in the suit of Fellows & Fellows 
 vs. Kellar & Snyder on September 19. Reference to these docu- 
 ments, and the praecipes and bonds of September 19, 1838, will 
 present a background for this final agreement. 
 
 It is hereby agreed that the suits now pending in the Macon 
 Circuit Court of W. & C. Fellows vs. A. G. Snyder & Co — and 
 The same vs Kellar & Snyder are to be dismissed at the Costs of 
 the Defendants — 
 March 24th 1839 
 
 Stuart & Lincoln 
 for W. & C. Fellows 
 Abr H Kellar — 
 W &C. Fellows 
 
 vs. 
 A G Snyder &Co 
 
 Filed 2d April 
 1839 
 
 M Gorin Ck 
 
 SUMMONS AND COMPLAINT IN THE SUIT OF 
 HURST VS. SMITH & TAGGART, JUNE 14, 1839. 
 
 The summons and complaint in this case, the attestation of 
 
UNCOLLECTED WORKS OF LINCOLN 391 
 
 filing by Clerk Butler excepted, were drawn by Mr. Lincoln. The 
 case quickly ran its course, for on July 13, 1839, Stuart & Lin- 
 coln were awarded by defaidt a judgment of $204.07 for their 
 client. Hurst was a native of Philadelphia, born in 1811, who in 
 1834 settled in Springfield, zvhere he zvas for many years engaged 
 as a dry goods clerk and merchant. He was long a friend of 
 Mr. Lincoln and active in politics as a Whig. 
 
 Charles R. Hurst ] 
 
 vs 
 Samuel Smith and | 
 
 Joseph Taggart — }» Trespass on the case upon promises — 
 trading and doing j Damage $400 — 
 
 business under the 
 
 name style and firm 
 
 of Smith & Taggart 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above case directed to the Sheriff of Morgan county — 
 
 Stuart &Lincoln pq 
 
 State of Illinois ] Of the July term of the Sangamon 
 Sangamon County }- ss circuit court in the year of our Lord one 
 and Circuit thousand eight hundred and thirty nine 
 
 Charles R. Hurst plaintiff complains of Samuel Smith and 
 Joseph Taggart, both trading and doing business under the name 
 style and firm of Smith & Taggart, defendants, being in custody 
 of a plea of Trespass on the case upon promises : For that whereas 
 the said defendants heretofore, towit, on the eighth day of Sep- 
 tember in the year of our Lord one thousand eight hundred and 
 thirtyeight at Springfield towit at the county and circuit afore- 
 said, made their certain promissory note in writing, signing 
 thereto their aforesaid firm name of "Smith & Taggart" bearing 
 date the day and year aforesaid and thereby then and there 
 promised to pay Six months after the date thereof to one John 
 Hammer or order the sum of Two hundred dollars for value 
 received and then and there delivered the said promissory note 
 to the said John Hammer And the said John Hammer, to whom 
 or to whose order the payment of the said sum of the said 
 promissory note specified was to be made, after the making of 
 the said promissory note, and before the payment of the said 
 sum of money therein specified to wit on the day and year afore- 
 said at the county and circuit aforesaid, assigned the said promis- 
 sory note by indorsement in writing thereof by which said as- 
 
392 UNCOLLECTED WORKS OF LINCOLN 
 
 signment he the said John Hammer then and there ordered and 
 appointed the said sum of money in the said promissory note 
 specified to be paid to Abner Y. Ellis and Foley Vaughn, then 
 trading and doing business under the name style and firm of 
 Ellis & Vaughn, by their said firm name of Ellis & Vaughn, and 
 then and there delivered the said promissory note, so assigned 
 to the said Ellis & Vaughn and the said Ellis & Vaughn to whom 
 or to whose order the payment of the said sum of money in the 
 said promissory note aforesaid was by the said assignment di- 
 rected to be made, after the making of the said promissory note, 
 and before the payment of the said sum of money therein 
 specified, towit, on the day and year aforesaid, at the county 
 and circuit aforesaid assigned the said promissory note by in- 
 dorsement in writing thereon signing their names thus "Ellis 
 & Vaughn" by which said last mentioned assignment they the 
 said Ellis & Vaughn then and there ordered and appointed the 
 said sum of money in the said promissory note specified to be 
 paid to the said plaintiff and then and there delivered the said 
 promissory note, so assigned to the said plaintiff — by means 
 whereof, and by force of the statute in such case made and 
 provided, the said difendants became liable to pay to the said 
 plaintiff the said sum of money in the said promissory note 
 specified, according to the tenor and effect of the said promissory 
 note; and being so liable they the said defendants, in considera- 
 tion thereof, afterwards, towit on the day and year aforesaid, at 
 the county and circuit aforesaid, undertook and then and there 
 faithfully promised the said plaintiff to pay him the said sum 
 of money in the said promissory note specified according to the 
 tenor and effect thereof — And the said plaintiff avers that the 
 said county of Sangamon is the county in which he the said 
 plaintiff resides, that the cause of his aforesaid action accrued 
 in the said county of Sangamon — and that the said defendants 
 reside in the county of Morgan and state aforesaid — Yet the said 
 defendants (although often requested so to do; and although the 
 said promissory note has long since been due) have not as yet 
 paid to the said plaintiff, the said sum of money in the said 
 promissory note specified, or any part thereof ; but so to do have 
 hitherto wholly neglected and refused and still do neglect and 
 refuse — To the damage of the said plaintiff of the sum of four 
 hundred dollars, and therefore he sues &c. 
 
 Stuart & Lincoln, Plff. 
 
UNCOLLECTED WORKS OF LINCOLN 393 
 
 (Copy of note) 
 "$200.— 
 
 Springfield September 8 1838 
 Six months after date we promise to pay to John Hammer 
 on order two hundred dollars, for value received — 
 
 Smith & Taggart." 
 (1st Assignment) 
 "Pay to Ellis & Vaughn 
 
 John Hammer" 
 (2nd Assignment) 
 "Pay to Charles R. Hurst. 
 
 Ellis & Vaughn" 
 Charles R. Hurst 
 
 l 
 
 vs }- Decln 
 
 J 
 
 Smith & Taggart 
 
 Filed June 22 1839 
 Wm Butler Clk 
 
 PLAINTIFFS DECLARATION IN THE SUIT OF 
 
 McGEE VS. RANSDELL, JUNE 21, 1839. 
 
 (Herndon-Weik Collection) 
 
 Mr. Lincoln drew the declaration in this case, and he also 
 
 penned the cover notations with the exception of the date of 
 
 filing. The case was decided on July 13, 1839, when Stuart & 
 
 Lincoln received a judgment by default in favor of their client. 
 
 The award was for $198.30, the balance due McGee. 
 
 State of Illinois ] Of the July term of the Sangamon circuit 
 Sangamon county j*ss court in the year of our Lord one thousand 
 anl circuit eight hundred and thirtynine 
 
 James McGee plaintiff complains of Wharton Randsdell de- 
 fendant being in custody &c of a plea of Trespass on the case 
 upon promises: For that whereas the said defendant, heretofore, 
 towit, on the twentysecond day of October in the year of our 
 Lord one thousand eight hundred and thirtyeight, at the county 
 and circuit aforesaid, made his certain promissory note in writ- 
 ing, signing his name thereto "WRansdell" bearing date the day 
 and year aforesaid, and thereby then and there promised to 
 pay on or before the twentieth day of March (then) next 
 (ensuing) to the said plaintiff the sum of two hundred and eight 
 dollars and fifty cents for value received; and then and there 
 
394 UNCOLLECTED WORKS OF LINCOLN 
 
 delivered the said promissory note to the said plaintiff; by means 
 whereof, and by force of the statute in such case made and pro- 
 vided, the said defendant then and there became liable to pay to 
 the said plaintiff the said sum of money in the said promissory 
 note specified according to the tenor and effect of the said promis- 
 sory note; and being so liable he the said defendant, in con- 
 sideration thereof afterwards towit, on the day and year afore- 
 said, at the county and circuit aforesaid, then and there faithfully 
 promised the said plaintiff to pay him the said sum of money in 
 the said promissory note specified according to the tenor and 
 effect thereof — 
 
 Yet the said defendant (although often requested so to do; 
 and although the said promissory note has long since been due) 
 hath not as yet paid to the said plaintiff the said sum of money 
 in the said promissory note specified; but so to do hath hitherto, 
 wholly neglected and refused, and still doth neglect and refuse — 
 to the damage of the said plaintiff of three hundred dollars, and 
 therefore he sues &c. 
 
 Stuart & Lincoln p q — 
 (Copy of note) 
 "on or before the twentieth day of of March next I will pay 
 James McGee two hundred and Eight dollars and fifty cents for 
 value Reed, this 22d day of October 1838 
 
 WRansdell" 
 James McGee 
 
 l 
 
 vs J- Decln 
 
 Wharton Ransdell 
 
 Filed June 21st, 1839 
 Wm Butler clerk 
 
 DECLARATION IN THE SUIT OF SPEAR VS. 
 LINDSAY, JUNE 21, 1839. 
 (Herndon-Weik Collection) 
 This declaration was penned by John T. Stuart, as was the 
 quoted note. Abraham Lincoln wrote the zvords, "David Spear 
 vs Alex Lindsay Decln." on the cover of the legal paper, these 
 being his only contributions to the document. Stuart mis-spelled 
 "promised" and "received," but his errors are few. The docu- 
 ment affords an interesting comparison of the writing, grammar, 
 and punctuation of Stuart and Lincoln. Stuart seems to have 
 
UNCOLLECTED WORKS OF LINCOLN 395 
 
 been less meticulous in punctaiion, word choice, and penmanship 
 than his partner, but he was the busier lawyer, and at this time 
 had his mind more upon Congress than the law. 
 
 State of Illinois ] Of the July term of the Sangamon 
 Sangamon County }»ss circuit court in the year of our Lord one 
 and Circuit thousand eight hundred and thirty nine 
 
 David Spear plaintiff complains by his attorney of Alexander 
 Lindsay Defendant, being in custody &c of a plea of Trespass on 
 the case upon promises — For that whereas the said Defendant 
 heretofore to wit — on the thirtieth day of January in the year 
 of our Lord one thousand eight hundred and thirty nine: at 
 Springfield, at the county and circuit aforesaid, made his certain 
 promissory note in writing, signing his name thereto thus "Alexr 
 Lindsay" bearing date the day and year aforesaid and thereby 
 then and there promised to pay, twenty days after the date 
 thereof to one R. Tharp or Order Two hundred and Eighty five 
 dollars, with interest at 12 per cent per annum, after three days 
 from the date thereof, for value received, and then and there 
 delivered the said promissory to the said R. Tharp — and the said 
 R. Tharp to whom or to whose order the payment of the said 
 sum of money in the said promissory note specified was to be 
 made after the making of the said promissory note, before pay- 
 ment of the said sum of money therein specified, to wit, on the 
 day and year aforesaid at the county and circuit aforesaid as- 
 signed the said promissory note by indorsement in writing 
 thereon, to David Spear, under the name and description of "D. 
 Spear" by which said assignment he, the said R. Tharp then and 
 there appointed the said sum of money in the said promissory 
 note specified to be paid to the said plaintiff, and then and there 
 delivered the said promissory note so assigned as aforesaid to 
 the said plaintiff, by means whereof and by force of the statute 
 in such cases made and provided the said Defendant then and 
 there became liable to pay to the said plaintiff the said sum of 
 money in the said promissory note specified, according to the 
 tenor and effect of the said promissory note, and being so liable, 
 he the said defendant, in consideration thereof, afterward to 
 wit on the day and year aforesaid at the county & circuit afore- 
 said, undertook and then and there faithfully promised the said 
 plaintiff to pay him the said sum of money in the said promis- 
 sory note specified according to the tenor and effect thereof — 
 Yet the said Defendant (although often requested so to do and 
 although the said promissory note has long since been due), hath 
 
396 UNCOLLECTED WORKS OF LINCOLN 
 
 not as yet paid to the said plaintiff the said sum of money in the 
 said promissory note specified, but so to do hath hitherto wholly 
 neglected and refused and still doth neglect and refuse — to the 
 Damage of the plaintiff of three hundred dollars and therefore 
 he sues 
 
 Stuart & Lincoln 
 (Copy of note) 
 "Springfield. Jany 30th 1839 
 $285 
 
 Twenty days after date I promise to pay to R. Tharp or 
 order Two hundred Eighty five dollars with int at 12 per cent 
 pr annum after three days from this date, for value received 
 
 Alexr . . Lindsay" 
 David Spear 
 
 1 
 
 vs } Decln 849 
 
 J. 
 Alexr. . Lindsay — 
 
 Filed June 21st 1839 
 Wm Butler clerk 
 
 PRECIPE AND DECLARATION IN THE SUIT OF 
 STEWARDSON AND SHOEMAKER VS. DOUGLAS, 
 JUNE 26, 1839. 
 (Herndon-Weik Collection) 
 The precipe and cover notations in this case, Butler's date 
 of filing excepted, is in the hand of John T. Stuart, and is in- 
 cluded to give continuity to the declaration filed by Mr. Lincoln 
 on the same date. The latter omitted the word, "to," preceding 
 "wit" at the introduction to the declaration, a rare omission on 
 his part, and not found in over thirty documents of the period, 
 1837-1839. Douglas filed his plea upon July 10, 1839. Steward- 
 son, the client of Stuart & Lincoln, was awarded $1,783.60, by 
 agreement, upon July 15, 1839. It was one of the largest awards 
 won by Stuart & Lincoln during their partnership. 
 
 George Stewardson 
 & John W. Shoemaker 
 
 vs 
 Erskine Douglas 
 
 Trespass on the case 
 
 in Assumpsit. 
 
 Plaintiffs Damages 
 
 Two Thousand Dollars 
 The Clerk of the Sangamon Circuit Court will issue a sum- 
 mons for the Defendant in the above entitled cause returnable 
 to the next Term of the Sangamon Circuit Court 
 
UNCOLLECTED WORKS OF LINCOLN 397 
 
 Stuart &Lincoln 
 George Stewardson ] of the July Term of the 
 & John W. Shoemaker | Sangamon Circuit Court 
 vs [ in the Year of our Lord 
 
 Erskine Douglas 1839. 
 
 George Stewardson 
 & John W. Shoemaker 
 
 1 
 
 vs )■ Precipe 
 
 J 
 
 Erskine Douglas 
 
 Filed June 26, 1839 
 William Butler clerk 
 
 Note : The precipe and cover notations, with the exception of 
 Butler's date of filing are in the hand of John T. Stuart. It is 
 included to give continuity to the declaration filed by Lincoln 
 upon the same date. 
 
 State of Illinois ] Of the July term of the Sangamo 
 Sangamon county [- circuit court in the year of our Lord one 
 and circuit J thousand, eight hundred and thirtynine — 
 
 George Stewardson and John W. Shoemaker, plaintiffs com- 
 plain of Erskine Douglas defendant being in custody &c. of a 
 plea of Trespass on the case in assumpsit: For that whereas 
 heretofore towit, on the twentyseventh day of February in the 
 year of our Lord one thousand eight hundred and thirtyeight, 
 at Springfield, Illinois to wit at the county and circuit aforesaid, 
 the said defendant made his certain promissory note in writing, 
 bearing date the day and year aforesaid, and thereby then and 
 there promised to pay twelve months after the date thereof, to 
 the said plaintiffs, the sum of Fifteen hundred and sixtyeight 
 dollars with ten ten per cent per annum interest thereon from 
 the day of the date of said note till paid, for value received, and 
 then and there delivered the said promissory note to the said 
 plaintiffs; by means whereof, and by force of the statute in 
 such case made and provided, the said defendant, then and there 
 became liable to pay to the said plaintiffs the said sum of money, 
 together with the interest in the said promissory note specified, 
 according to the tenor and effect of the said promissory note; and 
 being so liable, he the said defendant in consideration, thereof, 
 afterwards towit, on the day and year aforesaid, at the county 
 and circuit aforesaid, undertook, and then and there faithfully 
 
398 UNCOLLECTED WORKS OF LINCOLN 
 
 promised, the said plaintiffs to pay them the said sum of money 
 in the said promissory note specified, according to the tenor and 
 effect thereof — Yet the said defendant (although requested so 
 to do, and although the said note has long since been due) hath 
 not as yet paid to the said plaintiffs the said sum of money in the 
 said promissory note specified, or any part thereof ; but so to do 
 hath hitherto wholly neglected and refused, and still doth neglect 
 and refuse — To the damage of the said paintiffs of two thousand 
 dollars, and therefore they sue &c. 
 
 Stuart & Lincoln p. q — 
 (Copy of note) 
 "$1568— Springfield, Illinois. Feby 27th 1838 
 
 Twelve months after date I promise to pay to George Stew- 
 ardson and John W. Shoemaker or order for value received 
 Fifteen hundred and sixtyeight dollars with ten per cent pr 
 annum interest thereon from this day till paid. 
 
 Erskine Douglas" 
 Stewardson & Shoemaker 
 
 l 
 
 vs \ Decl 
 
 Erskine Douglas 
 Filed June 26 1839 
 William Butler ck 
 
 PRECIPE AND BOND IN THE SUIT OF PARKER 
 VS. BRAUCHER, JUNE 26, 1839. 
 (Herndon-Weik Collection) 
 The precipe and bond in this case were drawn by Mr. Lin- 
 coln, the bond being signed by his partner, John T. Stuart. But- 
 ler, as usual at this time, made the cover notations, when Mr. 
 Lincoln did not write a part of them. Lincoln used the word 
 "cost" instead of the more usual "costs" in the bond, and the 
 word "oposite" in the same paper presents a strange figure. 
 
 Samuel Parker 1 _ . 
 
 I lrespass on the case upon promises — 
 
 Isaac R. Braucher J m * 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause — 
 
 Stuart & Lincoln p. q — 
 Samuel Parker ] 
 
 vs \ In the Sangamon county circuit court — 
 
 Isaac R. Braucher J 
 
UNCOLLECTED WORKS OF LINCOLN 399 
 
 I do hereby enter myself security for costs in this cause, 
 and acknowledge myself bound to pay or cause to be paid all 
 cost which may accrue in this action either to the oposite party 
 or to any of the officers of this court in pursuance of the laws 
 of this state— Dated this 26th of June A. D. 1839— 
 
 John T. Stuart 
 853 
 Samuel Parker 
 
 1 
 
 vs ^ Sum 
 
 J 
 
 Isaac R Braucher 
 Filed June 26th 1839 
 William Butler ck 
 
 COMPLAINT OF PLAINTIFF IN THE SUIT OF 
 LUCKETT VS. RUCKEL & RUCKEL, JUNE 28, 1839. 
 Lawyer Lincoln zvrote and filed the declaration in this case. 
 The original is now in the Illinois State Historical Society at 
 Springfield. Jacob Ruckel, one of the defendants, was a native 
 of New York who settled in Springfield about the time Mr. Lin- 
 coln began the practice of law there, and for more than forty 
 years as cabinet-maker and upholsterer was active in the business 
 affairs of the town. 
 State of Illinois ] 
 Sangamon county V 
 and circuit J 
 
 Of the July Term of the circuit court of 
 said county A. D. 1839 
 
 Henry F. Luckett, plaintiff complains of Daniel E. Ruckel 
 and Jacob Ruckel Jr. late doing business under the name style 
 and firm of "D. E. & J. Ruckel" defendants being in custody &c 
 of a plea that they render unto him the sum of two hundred and 
 thirtyseven dollars which they owe to and unjustly detain from 
 him: For that whereas the said defendants; heretofore, towit, 
 on the fifteenth day of October in the year of our Lord one 
 thousand eight hundred and thirtyeight, at the county and circuit 
 aforesaid, by their certain writing obligatory, signed with their 
 firm name of "D. E. & J. Ruckel" and sealed with their seal, and 
 now shown to the court, the date whereof is the day and year 
 aforesaid, acknowledged themselves to be held and firmly bound 
 unto the said plaintiff by the name of H. F. Luckett, in the sum 
 
400 UNCOLLECTED WORKS OF LINCOLN 
 
 of one hundred and eighteen dollars, and fifty cents with twelve 
 per cent Int. until paid from the 15 day of October 1838, parcel 
 of the sum above demanded to be paid to the said plaintiff by 
 his said name of H. F. Luckett, on demand; Yet said defendants 
 have not as yet paid 
 
 And whereas also the said defendants, afterwards towit on 
 the day and year aforesaid, at the county and circuit aforesaid, 
 were indebted to the said plaintiff in their aforesaid partnership 
 capacity, in the further sum of one hundred and eighteen dollars 
 and fifty cents, parcel of the sum above demanded, for the use 
 and occupation of a certain Cabinet shop and ware room of the 
 said plaintiff — by the said defendants, and at their special in- 
 stance and request, and by the sufferance and permission of the 
 said plaintiff for a long time before their elapsed had, held used, 
 occupied, possessed and enjoyed, and to be paid to the said 
 plaintiff by the said defendants, when they the said defendants 
 should be thereunto afterwards requested — whereby and by rea- 
 son of the said last mentioned sum of money, being and re- 
 maining wholly unpaid, an action hath accrued to the said plain- 
 tiff to demand and have of and from the said defendants the 
 said sum of one hundred and eighteen dollars and fifty cents, 
 parcel of the said sum above demanded — 
 
 Yet the said defendants (although often requested so to do) 
 have not as yet paid the said sum of two hundred and thirtyseven 
 dollars above demanded, or any part thereof, to the said plain- 
 tiff; but have hitherto wholly neglected and refused and still 
 neglect and refuse so to do — To the damage of the said plaintiff 
 of one hundred dollars and therefore he brings his suit &c 
 
 Stuart & Lincoln, p.q. 
 
 (Copy of instrument declared on) 
 "On demand we or either of us promise to pay to H. F. 
 Luckett his heirs or assigns the sum of one hundred and eighteen 
 50/100 dollars for the rent of Cabinet & ware room with twelve 
 per cent Int. until paid from this 15th day of Oct. 1838 as wit- 
 ness our hands & seals 
 
 D. E. & J. Ruckell (Seal) 
 
 (Copy of account) 
 "D. E. & J. Ruckel 
 
 To Henry F. Luckett— Dr. 
 
 1838 15th Oct. To rent of cabinet shop & ware room $118-50 
 
UNCOLLECTED WORKS OF LINCOLN 401 
 
 Henry F. Luckett 
 
 vs Decl. 
 D. E. & J. Ruckel 
 
 Filed June 28th 1839 
 
 William Butler Clerk 
 
 ANSWER OF JOHN D. BEVANS TO THE PETITION 
 OF MARGARET BEVANS, JULY 16, 1839 
 
 This interesting document drawn by Lawyer Lincoln and 
 attested by Clerk Butler affords proof of his growing competence 
 as a drafter of legal documents. The original is now in the 
 J. P. Morgan Library in New York, 
 
 The answer of John D. Bevans to the petition of Margaret 
 Bevans praying an assignment of Dower of the real estate, and 
 an apportionment of the personal estate of John Bevans, de- 
 ceased, to which Petition the heirs of the said John Bevans 
 deceased, and the administrator of his estate are made defen- 
 dants — 
 
 This Respondent saving &c for answer to said petition, admits 
 that the said John Bevans departed this life, having first made 
 and published his last Will & Testament, which has since been 
 duly proved, as in Complainants petition stated — He also admits 
 that the said John Bevans deceased, was the husband of the 
 Petitioner; that a provision was made for her in his said will; 
 that she filed with the Probate Justice of the Peace for the county 
 of Sangamon, a written renunciation of the provision aforesaid, 
 the sufficiency of which renunciation, however, this respondent 
 denies — He also admits that the said John Bevans died seized 
 of the lands referred to and described in said Petition; that he 
 also died possessed of the personal estate referred to in said 
 Petition; that James N. Brown has duly administered on the 
 estate of the said John Bevans deceased ; that demand of Dower 
 has been duly made by said Petitioner, and that it is withheld 
 from her, but he denies that it was wrongfully withheld — He 
 denies that she is entitled to Dower, because in the year of our 
 Lord one thousand eight hundred and twentynine, the said John 
 Bevans, now deceased settled a separate maintainance upon the 
 said Petitioner, by exercising and delivering to Barnet Giltner, 
 and Nathaniel Tingh of the county of Woodford and state of 
 Kentucky, a deed of trust for two negro girls for the use of the 
 said Petitioner, during her natural life as will more fully appear 
 by reference to copy of said deed herewith filed, marked (A) 
 
402 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 and which Respondent prays may be taken as part of this his 
 answer — Respondent further states that said Petitioner accepted 
 said settlement in lieu of all Dower in and to the estate of the 
 said John Bevans deceased; and that said Petitioner has ever 
 since the making of said settlement, received, and now continues 
 to receive, the hire of the said negro girls — 
 
 As to the provision made by the said John Bevans in his 
 said will for said Petitioner, and her renunciation thereof, this 
 respondent states that the Petitioner did accept the said pro- 
 vision by receiving and using the property therein designated 
 for her, and that although she has filed her written renunciation 
 to said provision, she has never surrendered the property received 
 under it to the aforesaid administrator or to anyone else 
 
 John D. Bevans 
 State of Illinois 
 Sangamon County 
 
 This day personally appeared before me William Butler 
 Clerk of the Circuit Court of Sangamon County John Bevans 
 who being first duly sworn deposeth and says that the matters 
 and things as stated in the above answers of his own knowledge 
 are true and those stated upon his information of others he 
 believes to be true. 
 
 William Butler Clerk 
 
 BILL OF EXCEPTIONS IN THE SUIT OF CANNON 
 VS. KENNEY, JULY 16, 1839. 
 (Herndon-Weik Collection) 
 
 The bill of exceptions here reproduced is in the hand of 
 Mr. Lincoln, with the exception of the date of filing by Butler. 
 It should be noted that Mr. Lincoln used Kenney as in the docu- 
 ment of February 8, 1839, whereas the clerk used "Kinney/* 
 Stuart and Lincoln dismissed the case for the complainant upon 
 July 14, 1838, and on May 29, 1839 wrote and filed a complaint 
 for seizure of Cannon's horse. This bill of exceptions was then 
 filed by Stuart and Lincoln. The case was argued before the 
 Supreme Court of Illinois upon July 8, 1841, with Lincoln ap- 
 pearing for Cannon, and his future partner, Stephen T. Logan, 
 defending the case for Kenney. Later in July, the sorrel horse; 
 the bone of contention, was awarded to the client of Lawyer 
 Lincoln. This case was the second argued before the State 
 Supreme Court by Abraham Lincoln, and has been cited by the 
 courts of Missouri and South Dakota. 
 
UNCOLLECTED WORKS OF LINCOLN 403 
 
 Samuel H. Treat, who signed the bill of exceptions in- July, 
 1839, was a native of New York, born in 1811, who at the age 
 of twenty-three settled in Springfield, where he became the part- 
 ner of George Forquer. An able lawyer, Treat in 1837 was ap- 
 pointed a circuit judge, and in 1841 elevated to the Supreme 
 Court of the State. He served as a member of that body until 
 1855 when he was named by President Pierce Federal judge for 
 the Southern District of Illinois, serving in the latter capacity 
 for thirty-two years. He was long a devoted friend of Mr. 
 Lincoln. 
 
 Manly F Cannon 
 
 vs 
 Matthew P. Kenney 
 
 Tresspass vi et armis — 
 
 Be it remembered that on the trial of this cause, the plaintiff 
 proved the absolute property in the horse alleged in his declara- 
 tion to have been taken by the defendant, to have been in him, 
 the said plaintiff, at a time when [t]he said plaintiff gratuitously 
 loaned said horse to one John Harris to be ridden by him from 
 the lead-mine country to Sangamon county ; that said John Harris 
 did ride said horse to Sangamon county, and then put him into 
 the hands of his brother James Harris, for feeding and safe 
 keeping through the winter; without telling him to whom the 
 horse belonged, and undertaking to pay for the feeding and keep- 
 ing; that said James Harris, because of his horse food becoming 
 scarce, put said horse into the hands of Robert Harris, another 
 brother, who had horse food in greater plenty, to be by him fed 
 and safely kept through the remainder of the winter; that said 
 Robert Harris, after feeding and keeping said horse, until the 
 rising of grass in Spring season of the year, turned him upon 
 the common with some of his own horses; salting him with his 
 own horses and all the while supposing him to belong to John 
 Harris; that while said horse was thus running on the common, 
 the defendant took and carried him away; Robert Harris 
 telling plaintiff defendant at the time that he understood plaintiff 
 claimed said horse said horse was worth sixtyflve dollars at the 
 time defendant took him, and thereupon the plaintiff closed his 
 evidence — The defendant then moved the court to instruct the jury 
 as in case of a non-suit, on the ground that there was no evidence 
 of the defendant's taking the horse from the possession of the 
 plaintiff, which motion the court sustained, and this plaintiff 
 accordingly non-suited; and to which opinion of the court the 
 
404 UNCOLLECTED WORKS OF LINCOLN 
 
 plaintiff excepts, and prays that this his bill of exception may 
 be signed, sealed, and made part of the record in said cause 
 
 Samuel H. Treat (Seal) 
 Cannon 
 
 vs Bill Except 
 
 Kenney 
 
 Filed July 16 1839 
 Wm Butler Clk 
 
 RECEIPT OF PAYMENT BY DAVID PRICKETT, 
 AUGUST 6, 1839 
 
 The receipt here reproduced acknowledges payment of $250 
 on a judgment for $513.49 which on July 13, 1839 Stuart & Lin- 
 coln had secured for Kern & Company by default. David Prickett 
 was a native of Georgia who' began the practice of law at Edw- 
 ardsville in 1821 at the age of twenty-one. He served as an of- 
 ficer in the Black Hawk War, and in 1835 settled in Springfield, 
 where he became the first reporter of the Supreme Court of Il- 
 linois. . He was an early friend of Mr. Lincoln and like the latter 
 noted for his telling anecdotes. 
 
 Received, Springfield, Aug: 6 1839 of David Prickett, two 
 hundred and fifty dollars, to be applied to the discharging of a 
 judgment in the Sangamon Circuit Court against said Prickett, 
 & in favour of the surviving partners of the firm of A. & G. W. 
 Kern & Co. 
 
 Stuart & Lincoln 
 
 Atty. for Plffs 
 
 LETTER TO THOMAS BOHANNAN, AUGUST 7, 1839. 
 
 Thomas Bohannan was a Louisville merchant who now and 
 then entrusted Stuart & Lincoln with collection of his Spring- 
 field accounts. Josiah Francis, one of the debtors mentioned in 
 Mr. Lincoln's letter of August 7, (mailed two days later) zvas a 
 native of Pittsfield, Massachusetts, who settled in Springfield in 
 1836, at the age of thirty-five, and until 1852 with his brother 
 Charles engaged in the {manufacture of furniture. He passed his 
 middle and last years on a farm a few miles from Springfield. 
 He and his brother were kinsmen of Simeon Francis, founder 
 of the Sangamo Journal and devoted and helpful friend of Mr. 
 Lincoln. 
 
 Springfield, 111. Aug. 7, 1839 
 Mr. Thomas Bohannan 
 
UNCOLLECTED WORKS OF LINCOLN 405 
 
 Dr Sir 
 
 Yours of the 29th ult. is duly received. It was our impres- 
 sion that we had acknowledged the receipt of the two notes of 
 which you speak — one being on Allen & Stone for $117.94 the 
 other on J. Francis for $50.35. We now do so. 
 
 We have been receiving promises from time to time of the 
 payment of those notes but which payment has not yet been 
 made. Unless payment is soon made we shall commence suits; 
 though this course we shall regret; for they are honest and hon- 
 orable men, but they are hard pressed. We regret to say that 
 the entire certainty that we shall need all the means at our com- 
 mand, will not, in justice to ourselves, permit us to authorize 
 you to draw upon us as you suggest. Yours &c. 
 
 Stuart & Lincoln. 
 
 DEED FROM ABRAHAM LINCOLN TO JOHN 
 HOUSTON, SEPTEMBER 17, 1839. 
 
 The deed here reproduced is to be found on Page 632 of 
 Sangamon County Deed Book O. On July 8, 1839, Mr. Lincoln 
 had been appointed by the Sangamon Circuit Court a commis- 
 sioner to convey to John Houston a tract of land lately owned 
 by Vincent A. Bogue, whose attempt in March, 1832, when young 
 Lincoln served as one of the pilots of the Talisman, to make the 
 Sangamon a navigable stream had ended in disaster and his own 
 flight and bankruptcy. Lincoln's deed to Houston, one of Bo- 
 gue's creditors, thus served to recall a memorable incident of 
 his New Salem days, and the ill-starred outcome of a venture 
 which had been hailed and applauded by many a Sangamon 
 pioneer. 
 
 Abram Lincoln ] Whereas at a Circuit Court in and for the 
 to ) Deed }> County of Sangamon and the State of 
 John Houston J Illinois Begun and held on the Eighth day 
 of July in the year of our Lord one thousand Eight hundred and 
 thirty nine and days following a decree was made by said Court 
 in the words following to wit : 
 John Houston Complainant 
 
 against V In Chancery 
 
 Vincent A. Bogue Defendant J 
 
 This day came the complainant By his solicitor and it ap- 
 pearing to the satisfaction of the Court that said Defendant is 
 not a resident of the State of Illinois, and it appearing also to 
 the satisfaction of this Court that notice of the pendency of 
 
 juuJ^/Yf^ 
 
406 UNCOLLECTED WORKS OF LINCOLN 
 
 this suit had been published according to Law, and the said De- 
 fendant having failed to enter his appearance and file his answer 
 to said Bill, and he having been three times solemnly called came 
 not, but made default. It is therefore ordered and decreed by 
 the Court that the Bill of said Complainant be taken for con- 
 fessed and the Court having heard the Testimony and being 
 satisfied that the allegations in said Bill of Complainant are true 
 it is therefore ordered and decreed by the Court that said De- 
 fendant convey to said Complainant within Ten days from the 
 rendition of this Decree the Lands in said Bill of Complainant 
 described. To Wit, Being Ten acres of the Twenty three here- 
 tofore conveyed by said Houston to said Bogue, said twenty 
 three acres described as follows — to wit — part of the South East 
 fractional quarter of section six in Township Sixteen North of 
 Range Four west, Beginning at the North East corner of said 
 fractional quarter at a point on the South Bank of the Sanga- 
 mon River bearing North Seventy two degrees, East five chains, 
 thence bearing South fifty seven chains and forty links, and runs 
 from thence South fifty poles, thence west forty poles thence 
 north Eighteen poles, thence west forty eight poles, thence north 
 fifty two poles to the fractional line thence East along said line 
 thirty eight to the River — and thence along the meanderings of 
 said River to the place of beginning, the Ten acres aforesaid to 
 be described as follows To Wit — Beginning at the north west 
 corner of said Tract of twenty three acres on the fractional line 
 of said fractional quarter out of which said Tract of Twenty 
 three acres is taken thence East along said line Forty Eight poles 
 thence South Fifty two poles, thence West forty eight poles, 
 thence North fifty two poles to the place of Beginning. It is 
 further ordered that in default of the said Defendant making 
 the deed aforesaid within the time prescribed by this order then 
 that — A. Lincoln do make and deliver to the said Complainant 
 a Deed conveying to him all the right title and interest which the 
 said Defendant had in and to the Ten acres above described, at 
 the time of the contract set forth in said Bill of Complainant. 
 
 Therefore I A. . Lincoln for and in consideration of the 
 premises aforesaid (said Bogue having failed to make said con- 
 veyance for more than Ten days from the rendition of said 
 Decree) and by virtue of the authority vested in me by law and 
 by said Decree of Court, do grant bargain and sell unto the said 
 John Houston his heirs and assigns forever, all the right title 
 interest and Estate which the said Vincent A. Bogue had in and 
 
UNCOLLECTED WORKS OF LINCOLN 407 
 
 to the Ten acres Tract of Land described in said Decree on the 
 twenty fifth day of August in the year of our Lord one thou- 
 sand eight hundred and thirty one. 
 
 To have and to hold to the said John Houston his heirs and 
 assigns forever the above described Ten acre tract of land to- 
 gether with all and singular the privileges and appurtenances 
 thereunto belonging. In testimony whereof I have hereunto set 
 my hand and seal this seventeenth day of September in the year 
 of our Lord one thousand eight hundred and thirty nine. 
 
 A. . Lincoln (seal) 
 
 State of Illinois \ Before me the undersigned Clerk of the 
 Sangamon County j Circuit Court of said County personally 
 
 appeared Abram Lincoln who is personally known to me to be 
 the real person who executed the above conveyance and in whose 
 name the same is proposed to be acknowledged who then ack- 
 nowledged the signing of the same to be his free act and Deed 
 for the purpose therein named. Given under my hand and seal 
 at Springfield this 25th Sept. 1839 
 
 Wm. Butler Clerk 
 Recorded September 26th A. D. 1839 
 
 Benjamin Talbott R. S. C. 
 
 ORDER TO CLERK AND DECLARATION IN THE SUIT 
 
 OF ILES VS. WHITE, OCTOBER 19 
 
 AND NOVEMBER 4, 1839. 
 
 (Herndon-Weik Collection) 
 
 The order for issuing process in this case was penned by 
 Attorney Lincoln, while the notations appear to be in the hand 
 of Clerk Butler. Mr. Lincoln is also responsible for the declara- 
 tion of November 4, 1839 except the date of filing by Butler. 
 The care and accuracy of transcription upon the part of Lincoln 
 are seen in his copying of the Funk note with its flagrant errors 
 of spelling. The junior partner of Stuart and Lincoln omitted 
 one or two words in the document, but this paper is an excellent 
 example of the care he took with his work. A judgment by de- 
 faidt was rendered in favor of lies on March 4, 1840. Lincoln 
 represented lies and the judgment was for $431.92. Isaac Funk 
 who made the note assigned by White to lies was a widely 
 known and arresting figure in the early history of Sangamon 
 County. 
 
408 UNCOLLECTED WORKS OF LINCOLN 
 
 Elijah lies 
 
 vs 
 Lorence White 
 
 Trespass on the case upon promises 
 Damage $500-00 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause returnable to the next term of said court — 
 
 Stuart & Lincoln p. q. 
 Elijah lies 
 
 vs 
 Lorence White 
 
 Filed October 19, 1839. 
 Wm Butler clerk 
 
 State of Illinois Of the November term of the 
 
 Sangamon county I circuit court of said county 
 
 and Circuit J A. D. 1839— 
 
 Elijah lies plaintiff complains of Lorence White defendant, 
 in custody &c of a plea of trespass on the case upon promises: 
 For that whereas one Isaac Funk, heretofore, towit, on the 
 eighteenth day of March in the year of our Lord one thousand 
 eight hundred and thirtyseven, at the county and circuit afore- 
 said, made his certain promissory note in writing, bearing date 
 the day and year aforesaid, and thereby then and there promised 
 to pay, ninety days after the date thereof, to the said defendant, 
 the sum of three hundred and seventy dollars and seventysix 
 cents, and then and there delivered the said promissory note to 
 the said defendant — And the said defendant, to whom the pay- 
 ment of the said sum of money in the said promissory note specie 
 fied was to be made, after the making of the said promissory note, 
 and before the payment of the sum of money therein specified, 
 towit, on the day of in the year of our Lord 
 
 assigned the said promissory note by 
 indorsement in writing thereon, by which said assignment, he the 
 said defendant then and there ordered and appointed the said 
 sum of money in the said promissory note specified, to be paid 
 to the said plaintiff And the said plaintiff avers that afterwards 
 towit on the day of in the 
 
 year of our Lord, he instituted a suit upon said promissory note 
 against the said Isaac Funk in the circuit court of McLean in 
 the state of Illinois, and duly prosecuted said suit; and after- 
 wards, towit, at the October term of the said circuit of McLean 
 county in the year of our Lord one thousand eight hundred and 
 thirtynine, the said Isaac Funk appeared and pleaded by notice 
 
UNCOLLECTED WORKS OF LINCOLN 409 
 
 given according to the statute in such case made & provided to 
 the said action as instituted against him as aforesaid, that said 
 note was not assigned to this said plaintiff until after the same 
 became due; and that the consideration for which the same was 
 given, had wholly failed, upon which the said plaintiff took issue, 
 and the parties went to trial, submitting both matters of law and 
 fact to the court; and that the court after hearing the evidence 
 of the parties, found the said issues for the said Funk, and 
 rendered judgment in his favor for costs in the said cause — By 
 means whereof and by force of the statute in such case made and 
 provided the said defendant, Lorence White, then and there, 
 towit at the county & circuit first aforesaid, became liable to pay 
 to the said plaintiff the said sum of money in the said promissory 
 note specified according to the tenor and effect of the said 
 promissory note, together with the cost of the said suit against 
 the said Funk; and being so liable, he the said defendant in con- 
 sideration thereof, afterwards towit on the twelfth day of Octo- 
 ber in the year last aforesaid at the county and circuit first 
 aforesaid, undertook, and then and there faithfully promised the 
 said plaintiff to pay him the said sum of money in the said 
 promissory note specified, according to the tenor and effect there- 
 of, together with the cost of the suit against the said Isaac Funk 
 as aforesaid — Yet the said defendant (although often requested 
 so to do) hath not as yet paid the said sum of money in the said 
 promissory note specified, or any part thereof, or the costs of 
 the said suit against the said Funk or any part thereof; but so 
 to do hath hitherto wholly neglected and refused; and still doth 
 neglect and refuse — To the damage of the plaintiff of five hun- 
 dred dollars & therefore he sues &c. 
 
 Stuart & Lincoln p. q. 
 (Copy of note sued on) 
 
 "Nity days after dait I promis to pay Lorence White three 
 hundred and seventv dollars and seventysix cents, March 18th 
 1837— 
 
 Isaac Funk" 
 (Copy of assignment) 
 
 "For value received I assign the within note to Elijah lies — 
 
 Lorence White" 
 Elijah lies 
 
 vs I Declaration 
 
 Lorence White 
 
 
410 UNCOLLECTED WORKS OF LINCOLN 
 
 Lorence White 
 Filed Nov 4th 1839 
 Wm Butler 
 
 DECLARATION AND SECURITY FOR COSTS IN THE 
 SUIT OF HORNSBY VS. RAGSDALE, OCTOBER 22, 1839. 
 (Herndon-Weik Collection) 
 The declaration here reproduced was drawn by Mr. Lincoln. 
 It will be noted that he used two words in the case of such words 
 as "twenty five" but only because he had reached the border of 
 the paper; in all other cases he uses the characteristic single 
 word, as "twenty five" etc. The date of filing is in the hand of 
 Butler, and other cover notations are in that of Mr. Lincoln. 
 The quoted notes, which are listed as seven counts, were also 
 penned by him. For a full discussion of this case, and the ulti- 
 mate result, see the note to the affidavit of April 2, 1841, filed 
 by Homsby which appears in a later volume. Hornsby became the 
 client of Lincoln in an eventful month, for it was on October 5, 
 1839, that the town of Nauvoo, Illinois, was made a stake of the 
 Mormon Church, while it zvas on October 10, 1839, that the Bank 
 of the United States closed its doors, thus bringing to a costly 
 and disastrous conclusion the conflict of that institution with 
 President lackson. 
 
 State of Illinois Of the November term of the 
 
 Sangamon county Us circuit court of said county 
 and circuit J A. D. 1839— 
 
 Joseph W. Hornsby plaintiff complains of Daniel Ragsdale, 
 defendant in a plea that he render to the said plaintiff the sum 
 of fourteen hundred and ninetyseven dollars and ninetyone cents 
 which he owes to and unjustly detains from him : For that 
 whereas the said defendant heretofore towit on the first day of 
 December in the year of our Lord one thousand eight hundred 
 and thirtyseven at the county and circuit aforesaid, by his certain 
 writing obligatory sealed with his seal and now shown to the 
 court, the date whereof is the day and year aforesaid, acknowl- 
 edged himself to be held and firmly bound unto the said plaintiff 
 in the sum of five hundred and fifty dollars, parcel of the sum 
 above demanded to be paid to the said plaintiff on order ten 
 months after the date of said writing with interest at the rate of 
 twelve per cent per annum from the first day of February (then) 
 next (ensuing) until paid for value received — 
 
 And whereas also afterwards towit, on the day and year 
 
UNCOLLECTED WORKS OF LINCOLN 411 
 
 aforesaid, at the place aforesaid, the said defendant, by his cer- 
 tain other writing obligatory, sealed with his seal and now shown 
 to the court the date whereof is the day and year aforesaid, 
 acknowledged himself to be held and firmly bound unto the said 
 plaintiff in the further sum of five hundred and fifty dollars 
 other parcel of the sum above demanded, to be paid to the said 
 plaintiff on order fourteen months after the date of the said 
 writings with interest from the first day of February (then) next 
 (ensuing) until paid at the rate of twelve per cent per annum, 
 for value received — 
 
 And whereas also afterwards, towit, on the second day of 
 December in the year of our Lord one thousand eight hundred 
 and thirtyseven at the county and circuit aforesaid, the said de- 
 fendant made his certain promissory note in writing, bearing 
 date the day and year last aforesaid, and then and there delivered 
 said note to the said plaintiff, by which said note he the said de- 
 fendant had then and there promised to pay one day after the 
 date thereof to the said plaintiff by the name of "J os W Hornsby" 
 or order the sum of seventyone dollars and sixtysix cents, bear- 
 ing twelve per cent interest, for value received ; by means where- 
 of, and by force of the statute in such case made and provided, 
 the said defendant made his certain other promissory note in 
 writing, bearing date the day and year last aforesaid, and then 
 and there delivered the said note to the said plaintiff; by which 
 said note he the said defendant, then and there promised to pay 
 one day after the date thereof to the said plaintiff, by the name 
 of "J os - W Hornsby" or order the sum of one hundred dollars, 
 for value received, bearing twelve per cent interest until paid: 
 by means whereof, and by force of the statute in such case made 
 and provided, the said defendant then and there became liable 
 to pay to the said plaintiff the said sum of money in the said 
 last mentioned promissory note specified according to the tenor 
 and effect of the said last mentioned promissory note — 
 
 And whereas also afterwards towit, on the fourth day of 
 August in the year last aforesaid, at the county & circuit afore- 
 said the said defendant made his certain other promissory note 
 in writing, bearing date the day and year last aforesaid and then 
 and there delivered the said note to the said plaintiff; by which 
 said note he the said defendant then and there promised to pay, 
 one day after the date thereof to the said plaintiff by the name 
 of "J os - W Hornsby" or order, one hundred dollars for value 
 received, bearing twelve per cent interest until paid: by means 
 
412 UNCOLLECTED WORKS OF LINCOLN 
 
 whereof, and by force of the statute in such case made and pro- 
 vided the said defendant then and there became liable to pay to 
 the said plaintiff the said sum of money in the said last men- 
 tioned promissory note specified, according to the tenor and effect 
 of the last mentioned promissory note — 
 
 And whereas also afterwards towit, on the fourth day of 
 September in the year last aforesaid, at the county and circuit 
 aforesaid, the said defendant made his certain other promissory 
 note in writing, bearing date the day and year last aforesaid, and 
 then and there delivered the said note to the said plaintiff; by 
 which said note he the said defendant then and there promised 
 to pay, five months after the date thereof to the said plaintiff or 
 order the sum of fifty dollars for value received with interest 
 at the rate of twelve per cent from maturity until paid ; by means 
 whereof and by force of the statute in such case made and pro- 
 vided, he the said defendant then and there became liable to pay 
 to the said plaintiff the said sum of money in the said last men- 
 tioned promissory note specified, according to the tenor and ef- 
 fect of the said last mentioned promissory note — 
 
 And whereas also afterwards towit; on the day and year 
 last aforesaid, at the county and circuit aforesaid, the said de- 
 fendant made his certain other promissory note in writing bear- 
 ing date the day and year last aforesaid and then and there de- 
 livered the said note to the said plaintiff; by which said note he 
 the said defendant then and there promised to pay five months 
 after the date thereof to the said plaintiff by the name of "J os - 
 W Hornsby" or order, the sum of seventysix dollars and twenty- 
 five cents for value received, to bear twelve per cent interest from 
 maturity until paid; by means whereof and force of the 
 statute in such case made and provided the said defendant then 
 and there became liable to pay to the said plaintiff the said sum 
 of money in the said last mentioned promissory note specified, 
 according to the tenor and effect of the said last mentioned 
 promissory note — And although the said sums of money in the 
 said writings obligatory and said several promissory notes speci- 
 fied, have all been long since due and payable, according to the 
 tenor and effect of the said writings obligatory and said promis- 
 sory notes, yet the said plaintiff in fact saith, that the said defen- 
 dant, (although often requested so to do) did not, nor would pay 
 the said sums of money in the said writings obligatory and 
 promissory notes specified, or any of them or any part thereof, 
 to the said plaintiff in manner aforesaid, or otherwise howsoever, 
 
UNCOLLECTED WORKS OF LINCOLN 413 
 
 but hath hitherto wholly neglected and refused so to do whereby 
 an action hath accrued to the said plaintiff to demand and have 
 of and from the said defendant the said sum of fourteen hun- 
 dred and ninetyseven dollars and ninetyone cents above de- 
 manded — To the damage of the said plaintiff of one thousand 
 dollars, and therefore he brings his suit &c 
 
 Stuart & Lincoln p. q — 
 
 (Copies of instruments sued on) 
 
 (First count) 
 "Ten months after date I promise to pay Joseph W Hornsby 
 or order the sum of Five hundred and fifty dollars, with interest 
 at the rate of twelve per cent per annum from the first day of 
 February next until paid for value received — 
 Dec. 1st 1837 
 
 Daniel Ragsdale (Seal)" 
 (Second count) 
 "Fourteen months after date I promise to pay Joseph W 
 Hornsby or order Five hundred and fifty dollars with interest 
 from the first day of February next until paid at the rate of 
 twelve per cent for value received — 
 Dec. 1st 1837— 
 
 Daniel Ragsdale (Seal)" 
 
 (Third count) 
 "$71-66 
 
 One day after I promise to pay Jos W Hornsby or order 
 seventyone dollars sixty six cts for value received Bearing 12 
 per cent Interest — Dec. 2n 1837 
 
 Daniel Ragsdale" 
 (Fourth count) 
 "$100 — One day after date I promise to pay Jos W Hornsby 
 or order one hundred dollars for val received Bearing 12 per 
 cent Interest until paid— this 30th day of July 1838 
 
 Daniel Ragsdale" 
 (Fifth count) 
 "$100 — One day after date I promise to pay Jos W Hornsby 
 or order one hundred dollars for value received bearing 12 per 
 cent Interest until paid — August 4th 1838 — 
 
 Daniel Ragsdale" 
 (Sixth count) 
 "$50 — Five months after date I promise to pay Joseph W Horns- 
 
414 UNCOLLECTED WORKS OF LINCOLN 
 
 by or order Fifty dollars for value received with interest at the 
 rate of 12 per cent from maturity until paid — 
 Sept. 4th 1838 
 
 Daniel Ragsdale" 
 (Seventh count) 
 "$76-25 
 
 Five months after date I promise to pay Jos W Hornsby 
 or order seventysix dollars & twentyfive cents for value received 
 this the 4th of September 1838. this note to bear 12 per cent 
 Interest from maturity untill paid. 
 
 Daniel Ragsdale" 
 Joseph W Hornsby ] In Debt — 
 
 vs I Debt— $1497— 91— 
 
 Daniel Ragsdale Damage— $1000— 00 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause — 
 
 Stuart & Lincoln p. q. 
 Joseph W Hornsby ] 
 
 vs [-In Sangamon circuit court 
 
 Daniel Ragsdale 
 
 I do hereby enter myself security for costs in this cause 
 and acknowledge myself bound to pay or cause to be paid all 
 costs which may accrue in this action either to the opposite party 
 or to any of the officers of this court in pursuance of the laws 
 of this state — 
 
 A. .Lincoln 
 Dated this 22nd of October A. D. 1839 
 Joseph W Hornsby 1 
 
 vs [ Declaration 
 
 Daniel Ragsdale 
 Filed Oct 22d 1839 
 Wm Butler Clk 
 
 PRIECIPE AND DECLARATION IN SUIT OF KENDALL 
 VS. HARDIN AND REAGOR, NOVEMBER 2, 1839. 
 
 (Herndon-Weik Collection) 
 This precipe and declaration are in the hand of Abraham 
 Lincoln, as are the cover notations, with the exception of the 
 date of filing and the figures. The figures at the conclusion of 
 the filing do not appear to have been written by Lincoln, and 
 are distinctly unlike his penned numerals. This case is cited as 
 Kendall vs. Hardin and Rcagen, but the hand of Lincoln is not 
 
UNCOLLECTED WORKS OF LINCOLN 415 
 
 conclusive evidence of accuracy. "Reagor" as given in line one 
 might be construed as "Reager" or "Reagen", but in the signing 
 of the quoted note, the name is definitely "Reagor", while in the 
 use in the trespass upon the case upon promise it appears to be 
 "Reagor" rather "Reagen" Kendall is given as "Kendoll" and 
 in no case does there appear to be the characteristic small "a" of 
 the hand of Lincoln. The case was continued on March 2, 1840, 
 and a summons issued for the defendants. Hardin and Reagor 
 defaulted upon July 14, 1840, and a judgment of $18976 dam- 
 ages was rendered in favor of Kendall. Stuart and Lincoln 
 represented the plaintiff, Henry Kendall. 
 
 State of Illinois Of the November term of the 
 
 Sangamon county K ss circuit court of said 
 & circuit J county A. D. 1839 
 
 Henry Kendall plaintiff complains of James T. Hardin and 
 John R Reagor defendants in custody &c of a plea of Trespass 
 on the case upon promises : For that whereas the said defendants, 
 heretofore towit on the sixth day of September in the year of 
 our Lord one thousand eight hundred and thirtynine at the county 
 and circuit aforesaid, made their certain promissory note in writ- 
 ing bearing date the day and year aforesaid, and then and there 
 promised to pay, on or before the first day of October (then) 
 next (ensuing) to the said plaintiff, the sum of one hundred and 
 eighty dollars and fifty cents for value received and then and 
 there delivered the said promissory note to the said plaintiff; 
 by means whereof and by force of the statute in such case made 
 and provided the said defendants then and there became liable 
 to pay to the said plaintiff the said sum of money in the said 
 promissory note specified according to the tenor and effect of the 
 said promissory note; and being so liable they the said defend- 
 ants in consideration thereof afterwards towit on the day and 
 year aforesaid, at the county & circuit aforesaid, undertook and 
 then and there faithfully promised the said plaintiff to pay him 
 the said sum of money in the said promissory note specified ac- 
 cording to the tenor and effect thereof — Yet the said defen- 
 dants (although often requested so to do) have not as yet paid 
 to the said plaintiff the said sum of money in the said promissory 
 note specified or any part thereof; but so to do have hitherto 
 wholly neglected and refused and still do neglect and refuse — 
 To the damage of the said plaintiff of the sum of five hudred 
 dollars, and therefore he sues &c — 
 
 Stuart & Lincoln p. q. 
 
 
416 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 (Copy of note sued on) 
 "On or before the first day of October next we or either 
 of us promise to pay Henry Kendoll one hundred and eighty 
 dollars and fifty cents for value received this 6th day of Septem- 
 ber 1839— 
 
 James T. Hardin 
 John R. Reagor" 
 
 180 50 
 9 00 
 .20 
 2/ 2 
 
 18971 
 
 Henry Kendoll 
 
 vs 
 James T. Hardin J» Trespass on the case upon promises 
 
 & John R. Reagor J Damage $500-00— 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause — 
 
 Stuart & Lincoln pq — 
 20 
 
 Henry Kendoll 
 
 vs 
 James T. Hardin & 
 John R. Reagor — 
 
 Filed Nov 2 1839 
 Wm. Butler clek 
 
 DECLARATION IN THE SUIT OF KENDALL VS. 
 
 MOFFETT, NOVEMBER 2, 1839. 
 
 (Herndon-Weik Collection) 
 
 The declaration and cover notations in this case are in the 
 hand of Attorney Lincoln, with the exception of the date of 
 filing by Butler. The quoted note is copied most accurately, 
 although Mr. Lincoln gives the "undersind" of the note as "un- 
 dersined." A judgment of $157.90 was rendered in favor of Mr. 
 Lincoln's client, Calvin Kendall, upon November 28, 1839. He 
 agreed to a stay of three months of execution of the judgment. 
 He then took the execution to Schuyler County, but nothing was 
 realized because there were no bidders on the visit on March 
 25, 1840. 
 
UNCOLLECTED WORKS OF LINCOLN 417 
 
 State of Illinois ] Of the November term of 
 
 Sangamon county y ss the circuit court of said 
 and Circuit county A. D. 1839 — 
 
 Calvin Kendall, plaintiff, complains of Willis G. Moffett, 
 defendant, being in custody &c of a plea that he render unto 
 the said plaintiff the sum of three hundred dollars which he 
 owes to and unjustly detains from him: For that whereas the 
 said defendant together with one Briscoe, heretofore, towit, on 
 the twentythird day of December in the year of our Lord one 
 thousand eight hundred and thirtysix at the county and circuit 
 aforesaid, by their certain writing obligatory, sealed with their 
 seal and now shown to the court, and signed thus "W. G. Mof fett 
 & Briscoe" the date whereof is the day and year aforesaid, 
 acknowledged themselves to be held and firmly bound unto the 
 said plaintiff in the sum of three hundred dollars, above de- 
 manded, to be paid to the said plaintiff six months after the date 
 of the said writing obligatory for value received together with 
 interest at the rate of twelve per cent per annum from the date 
 of said writing until paid — 
 
 Yet neither plaintiff avers that he resides in the county of 
 Sangamon and that the said cause of action now in the said 
 county of Sangamon. 
 
 Yet the said defendant, nor the said Briscoe (although often 
 requested so to do) hath not as yet paid the said sum of money 
 above demanded or any part thereof to the said plaintiff; But 
 hath hitherto wholly neglected and refused, and still neglects 
 and refuses sotodo — To the damage of the said plaintiff of five 
 hundred dollars and therefore he brings his suit &c 
 
 Stuart & Lincoln p. q. 
 (Copy of instrument sued on) 
 
 "$300 — Six months after date we the undersined promis to 
 pay Calvin Kendoll three hundred dollars it being for value re- 
 ceived of him this 23rd day of December A. D. 1836 Bearing 
 12 per cent intrust untill paid — 
 
 W. G. Moffett & Briscoe (Seal)" 
 Calvin Kendall 
 
 l 
 
 vs [ Declaration 
 
 Willis G. Moffett 
 Filed Nov 2 1839 
 Wm Butler ck 
 
418 UNCOLLECTED WORKS OF LINCOLN 
 
 PRECIPE AND DECLARATION IN THE SUIT OF HAY 
 VS. LASWELL, NOVEMBER 4, 1839. 
 (Herndon-Weik Collection) 
 The precipe and declaration in this suit were penned by 
 Attorney Lincoln down to the end of the words, "Second Count" 
 The hands of two others are responsible for the balance of the 
 paper. The cover notations, with exception of filing date, were 
 written by Lincoln. The cases of Hay vs. Laswell, and Hay vs. 
 Mock and Laswell, begun on November 5, 1839, appear to have 
 had close association, although there are slight differences in the 
 complaints. In the second suit Hay sued for $2.50, the value of 
 a bridle, and on March 4, 1840, Laswell confessed judgment for 
 that amount. Mr. Lincoln argued the assumpsit case of Hay vs. 
 Laswell before a jury on November 27, 1839, but the jury was 
 unable to agree and was discharged. 
 
 State of Illinois Of the November term of the 
 
 Sangamon county \ circuit court of said county — 
 
 and circuit J A. D. 1839— 
 
 Nathaniel Hay plaintiff, complains of Thomas Laswell de- 
 fendant, in custody &c of a plea of Trespass on the case upon 
 promises : For that whereas the said defendant, heretofore towit, 
 on the fifteenth day of June in the year of our Lord one thousand 
 eight hundred and thirtyeight, at the county and circuit afore- 
 said, made his certain note in writing, bearing date the day and 
 year aforesaid, and thereby then and there promised to deliver, 
 on or before the first day of August (then) next (ensuing) to 
 the said plaintiff at Springfield at his brick yard, thirtythree 
 and one third cords of good sound wood split small suitable for 
 burning brick, one third of which was to be four feet long and 
 the ballance eight feet long all to be split wood, for value received, 
 and then and there delivered the said note to the said plaintiff; 
 by means whereof and by force of the statute in such case made 
 and provided, the said defendant then and there became liable 
 to deliver to the said plaintiff the said amount of wood in the said 
 note specified, according to the tenor and effect of the said note : 
 and being so liable, he the said defendant in consideration thereof, 
 afterwards towit, on the day and year aforesaid, at the county 
 and circuit aforesaid, undertook, and then and there faithfully 
 promised the said plaintiff to deliver to him the said wood in 
 the said note specified according to the tenor and effect of said 
 note — 
 
 And whereas also afterwards towit, on the day and year 
 
UNCOLLECTED WORKS OF LINCOLN 419 
 
 aforesaid, at the county and circuit aforesaid, the said defendant, 
 made his certain other note in writing, bearing date the day and 
 year aforesaid, and thereby then and there promised to deliver, 
 on or before the first day of September (then) next (ensuing) 
 to the said plaintiff, at his brick yard in Springfield, thirtythree 
 and a third cords of good sound wood, one third to be four feet 
 long, and the ballance eight feet long all to be split small and 
 suitable for burning brick, and corded up in close order for value 
 received; and then and there delivered the said last mentioned 
 note to the said plaintiff, by means whereof and by the statute 
 in such case made and provided, the said defendant then and there 
 became liable to deliver to the said plaintiff the said wood in the 
 said last mentioned note specified, according to the tenor and 
 effect of the said last mentioned note: and being so liable, he 
 the said defendant, in consideration thereof, afterwards towit, 
 on the day and year aforesaid, at the county and circuit afore- 
 said undertook and then and there faithfully promised the said 
 plaintiff to deliver to him the said wood in the said last mentioned 
 note according to the tenor and effect thereof — 
 
 And whereas also afterwards towit, on the day and year 
 aforesaid, at the county and circuit aforesaid, the said defendant 
 made his certain other notes in writing bearing date the day and 
 year aforesaid and thereby then and there promised to deliver, 
 on or before the first day of October (then) next (ensuing) to 
 the said plaintiff at his brick yard in Springfield, thirtythree and 
 one third cords of good sound wood one third to be four feet 
 long, and the ballance eight feet long, and all to be split up small 
 suitable for burning brick, for value received ; and then and there 
 delivered the said last mentioned note to the said plaintiff; by 
 means whereof and by the statute in such case made and pro- 
 vided, the said defendant then and there became liable to deliver 
 to the said plaintiff the said wood in the said last mentioned note 
 specified according to the tenor and effect of the said last men- 
 tioned note ; and being so liable he the said defendant in con- 
 sideration thereof, afterwards towit on the day and year afore- 
 said, at the county and circuit aforesaid, under took and then 
 and there faithfully promised the said plaintiff to deliver to him 
 the said wood in the said last mentioned note specified, according 
 to the tenor and effect thereof — Yet the said defendant (although 
 often requested so to do; and although the several times for the 
 delivery of the said several lots of wood have long since elapsed ; 
 although the said plaintiff hath always been ready to accept and 
 
420 UNCOLLECTED WORKS OF LINCOLN 
 
 receive the said several lots of wood, according to the tenor and 
 effect of the said notes) hath not as yet delivered to the said 
 plaintiff the said lots of wood or any or either of them, according 
 to the tenor and effect of the said notes or any or either of them, 
 but so to do hath hitherto wholly neglected [and re] fused and 
 still doth neglect and refuse To the damage of the said plaintiff 
 of three hundred dollars, and therefore he sues &c 
 
 Stuart & Lincoln p. q. 
 
 (Copies of notes sued on) 
 (First count) 
 "On or before the first day of August next I bind myself 
 to deliver to Nathaniel Hay in Springfield at his brick yard, 
 thirty three and one third cords of good sound wood split small 
 suitable for burning brick, one third of which is to be four feet 
 long and the ballance eight feet long all to be split wood value 
 received this 15th of June 1838— 
 
 Thomas Lasswell" 
 
 (Second count) 
 "On or before the first day of September next I bind myself 
 to deliver to Nathaniel Hay at his brick yard in Springfield thirty 
 three and a third Cords of good sound wood one third to be fore 
 feet long and the balance Eight feet long all to be split small 
 and suitable for burng brick and corded up in close cordes value 
 received this 15th of June 1838 
 
 Thomas Laswell" 
 
 (Third count) 
 "On or before the first day of October next I bind myself 
 to deliver to Nathiel Hay at his brick yard in Springfield thirty 
 three and one third Cordes of good sound wood one third to be 
 four feet long and the ballance eight feet long and all to be split 
 up small suitable for burning brick value received this 15th of 
 June 1838 
 
 Thomas Laswell" 
 Nathaniel Hay 
 
 1 
 
 vs y Precipe & Decl 
 
 J 
 
 Thomas Lasswell 
 
 Filed Nov 4th 1839 
 Wm Butler ck 
 
UNCOLLECTED WORKS OF LINCOLN 421 
 
 DECLARATION, AFFIDAVITS AND NOTES FOR 
 
 ARGUMENT IN THE SUIT OF CARMAN VS. GLASCOCK 
 
 ET AL, NOVEMBER 4, 1839. 
 
 ( Herndon-Weik Collection) 
 
 The documents here reproduced afford informing proof of 
 the methods of Lincoln, the lawyer, during his first years at the 
 bar. The last paragraph of the declaration, which is signed 
 "Logan & Baker pd," is not in the hand of Lincoln. The words, 
 "and the plffs doth the like," are in the same hand as the last 
 paragraph of the document. Mr. Lincoln penned the rest of the 
 document, and the notations upon the cover, with the exception 
 of the date of filing. It will be noted that he mis-spelled (i ap- 
 proved" and "whereas" according to modern usage. On Novem- 
 ber 29, 1839, the plaintiffs asked that one of the defendants, James 
 Strode, be summoned to appear in court as u material witness in 
 the case, and that they be given time to secure his attendance at 
 the next term of court. The jury awarded Carman & Carman 
 a judgment of eighty- five dollars against two of the defendants 
 on March 5, 1840. Stuart & Lincoln took a non-suit in the action 
 against James Strode, and the other defendants in the case re- 
 covered their costs. It was a slight return for damages of 
 $1000. and Stuart & Lincoln cannot be credited with a distinctive 
 triumph in the case. Lawyers know, however, that members of 
 the profession are not evaluated in terms of cases won and lost, 
 but in the light of able presentation of a case. Jacob Carman 
 signed the affidavit which he made on November 29. The nota- 
 tions on his being sworn, and the filing date are in the hands of 
 Butler. The rest of this document is in the hand of Attorney 
 Lincoln. 
 
 The brackets in the Notes for Argument indicate that they 
 were prepared in 1839. It may have been soon after the filing of 
 the Carman affidavit or at an earlier date. It was not the custom 
 of Attorney Lincoln to prepare notes or long briefs in his legal 
 cases, but several cases reveal such preparation. The computa- 
 tion of costs would indicate that Lincoln had been making esti- 
 mates of the damages which he asked for in the declaration of 
 November 4th. He made a motion for continuing the case on 
 November 27, 1839, and the motion was granted. It seems clear 
 that the legal brief was prepared for [the first arguments 
 in the case, thus placing it before November 27th, and prior to 
 the affidavit before cited. There is no conclusive evidenec in the 
 matter, as the records of the case do not present a brief date. 
 
422 UNCOLLECTED WORKS OF LINCOLN 
 
 State of Illinois [of the November Term, 1839 
 
 Sangamon county and circuit ct. J 
 
 Jacob Carman and Townsend Carman, plaintiffs complain 
 of John Glascock, John Strode William B. Preston, William 
 Hargus and Gored Hendricks, defendants being in custody &s 
 of a plea of Tresspass on the case — For that whereas by an 
 act of the People of the state of Illinois represented in the Gen- 
 eral Assembly, entitled. "An act declaring the Sangamon river 
 a navigable stream" Approved December 26, 1822 it is enacted 
 as follows towit: "Be it enacted by the People of the state of 
 Illinois represented in the General Assembly: That the Sanga- 
 man river from its mouth (following the main channel) to the 
 third principal Meridian be and the same is hereby declared a 
 navigable stream; that no dam of any description or other ob- 
 struction shall be placed in the river so as to impede the naviga- 
 tion thereof, or drive the water from its natural channel so as to 
 overflow the bottoms, or produce stagnant waters in any place" 
 and whereas after the making and passing of the said act, and 
 by virtue thereof up to and after the time of committing the 
 several grievances hereinafter mentioned, the said Sangamon 
 river from its mouth following the main channel to the third 
 Principal Meridian, was and of right ought to have been a 
 navigable stream, and was and of right ought to have been a 
 public highway, and was and of right ought to have been free 
 and open for all the good citizens of the state of Illinois and 
 others to navigate the same at all times free from any obstruc- 
 tion, with their canoes, skiffs, periogues, flat boats barges and 
 Steam Boats. And whereas neither the said defendants nor any 
 other person or persons had any right to obstruct or impede 
 the navigation of the said Sangamon River from its mouth fol- 
 lowing the main channel to the third principal meridian by the 
 erection or maintainence of any mill, mill-dam, mill-house, abut- 
 ment, buttress, mill-wheel, fish trap, fish trapdam, or any other 
 thing, or things whatever. And whereas before and at the time 
 of committing the several grievances hereinafter mentioned, the 
 said plaintiffs had a flat bottomed boat of great value, towit, of 
 the value of $150, loaded with a large quantity of corn, towit, 
 2500 bushels of corn, the property of the said plaintiffs, of great 
 value towit, of the value of one thousand dollars proceeding in 
 and upon the said navigable stream upon the main channel there- 
 of, between its mouth and the third principal meridian, towit 
 on the day of April 1839 at the state, county, and circuit 
 
UNCOLLECTED WORKS OF LINCOLN 423 
 
 aforesaid: Yet the said defendants well knowing the premises, 
 but contriving and wrongfully and unjustly intending to injure 
 and prejudice the said plaintiffs in this respect and to deprive 
 them of the use and benefit, of the said navigable stream, and 
 to delay hinder and detain the said plaintiffs in navigating the 
 said Sangamon River with their said flat bottomed boat loaded 
 as aforesaid, and to put them to great labour and expense in 
 necessary unloading and reloading their said flat bottomed boat; 
 and to put them to great loss by the necessary exposure of the 
 aforesaid boat load of corn to heavy rains, and to suit[ ?] detain, 
 injure and destroy their said flat bottomed boat, and the corn 
 loaded therein, towit on the said day of April, 1839, at 
 
 the state county and circuit aforesaid, did erect and make in upon 
 and across the main channel of the said Sangamon River between 
 the mouth thereof and the third Principal Meridian, one fish 
 trap, one fish trap dam, and did then and there throw into the 
 main channel of the said Sangamon River between its mouth 
 and the third principal meridian, divers stones, logs, poles, brush, 
 dirt sand and gravel, and other obstructing substances, whereby 
 the navigation of the said navigable stream was greatly impeded, 
 and totally obstructed, and the said obstructions so made, erected, 
 and thrown into said river as aforesaid did keep and continue 
 from that day to the commencement of this suit. By reason 
 whereof whilst the said flat bottomed boat of the plaintiffs loaded 
 with the large quantity of corn aforesaid, was decending the 
 navigable stream aforesaid, towit, the Sangamon River between 
 its mouth and the third principal meridian, the said plaintiffs 
 with their flat bottomed boat aforesaid loaded with the large 
 quantity of corn aforesaid, were stopped, delayed, hindered and 
 detained, from proceeding on down the said navigable stream, 
 by the fish trap, fish-trap dam, stones, logs, poles, brush, dirt, 
 sand, and gravel, and other obstructing substances, by the said 
 defendants made, erected, and thrown in upon and across the 
 said navigable stream as aforesaid; & whereby also the said 
 plaintiffs lost the advantage of proceeding directly to market 
 with their said boat loaded with corn, towit, on the day of 
 
 April 1839, at the state county & circuit aforesaid ; and by reason 
 which leak their load of corn was greatly injured ; and by reason 
 whereof the said plaintiffs, to enable them to proceed to market 
 with their said boat and load of corn, were, afterwards, towit 
 on the day of April 1839, at the state county and circuit 
 
 aforesaid, under the necessity of unloading and reloading their 
 
424 UNCOLLECTED WORKS OF LINCOLN 
 
 said load of corn, and did actually then and there unload and 
 reload their aforesaid load of corn; and by reason of which 
 necessary unloading & reloading of said load of corn, said corn 
 was exposed to the weather, and was then and there wet and 
 thereby greatly injured by the rain, so that a large quantity 
 thereof, towit 400 bushels thereof was destroyed and wholly lost 
 to the said plaintiffs, towit by said hindrance, delay and detention 
 aforesaid. By means of all which the plaintiffs have been in- 
 jured & sustained damages to the sum of $1000. and therefore 
 they sue &c 
 
 Stuart & Lincoln p q. — 
 
 And the Defendants come and defend the wrong and injury 
 when where &c and the plaintiffs their action against them to 
 have and maintain ought not because they say they are not guilty 
 in manner and form as the plaintiffs have in their declaration 
 alleged and of this they put themselves upon the country 
 
 Logan & Baker pd 
 
 And the plffs doth the like 
 Jacob Carman & Lincoln pq 
 
 Townsend Carman 
 
 1 
 
 vs J- Declaration 
 
 J 
 
 John Glascock & others 
 Filed Nov 4th 1839 
 Wm Butler clerk 
 
 DECLARATION OF PLAINTIFF IN THE SUIT OF 
 VAUGHAN VS. RANSDELL, NOVEMBER 4, 1839. 
 
 (Herndon-Weik Collection) 
 The declaration with cover notations here reproduced, But- 
 ler's date of filing excepted, was penned by Attorney Lincoln. 
 He corrected errors in more than one case ,and changed "promis- 
 sed" to "promised" with his usual care, but left an ungrammati- 
 cal phrase, in the following words, "that a institution of suit . . ." 
 The result of this case will be found in the footnotes to the plea 
 of the defendant of March 6, 1840, which appears to have been 
 the last legal paper filed, before the case went to trial. 
 State of Illinois ] Of the November term of the 
 
 Sangamon county > ss Circuit court of said county 
 and Circuit J A. D. 1839— 
 
UNCOLLECTED WORKS OF LINCOLN 425 
 
 Foley Vaughn, plaintiff, complains of Wharton Ransdell 
 defendant, being in custody &c. of a plea of Trespass on the case 
 upon promises : For that whereas heretofore towit, on the twen- 
 tieth day of May in the year of our Lord one thousand eight 
 hundred and thirtysix, at Washington, towit at the county and 
 circuit aforesaid, one Cyrus H. King made his certain promissory 
 note in writing, bearing date the day and year aforesaid, and 
 thereby then and there promised to pay, nine months after the 
 date thereof to one Charles S. Dorsey, by the style and descrip- 
 tion of "Chs. S. Dorsey", or order, the sum of two hundred and 
 four dollars and seventyfive hundredths of a dollar; for value 
 received, and then and there delivered the said promissory note 
 to the said Charles S. Dorsey; And the said Charles S. Dorsey, 
 to whom or to whose order the payment of the said sum of 
 money in the said promissory note specified was to be made, after 
 the making of the said promissory note, and before the payment 
 of the said sum of money therein specified towit on the seven- 
 teenth day of June in the year aforesaid at the county and circuit 
 aforesaid assigned the said promissory note by indorsement in 
 writing thereon, by which said assignment, he the said Charles 
 S. Dorsey then and there ordered and appointed the said sum 
 of money in the said promissory note specified to be paid to one 
 Wharton Ransdell, the defendant in this suit and then and there 
 delivered the said promissory note, so assigned, to the said de- 
 fendant Wharton Ransdell; And the said Wharton Ransdell to 
 whom the payment of the said sum of money in the said promis- 
 sory note specified, towit, on the day of in the 
 year of our Lord one thousand eight hundred and thirty- 
 eight assigned the said promissory note by indorsement in 
 writing, signing his name to said assignment "W. Ransdell" by 
 which last mentioned assignment the said Wharton Ransdell then 
 and there ordered and appointed the said sum of money in the 
 said promissory note specified to be paid to the plaintiff, Foley 
 Vaughn and then and there delivered the said promissory note 
 so assigned, to the said plaintiff; And the said plaintiff avers 
 that he has used due diligence by the institution and prosecution 
 of a suit against the maker of said note for the recovery of the 
 sum of money therein specified, and has been wholly unable to 
 recover the same by reason of the insolvency of the said maker 
 of the said promissory note — by means whereof, and by force 
 of the statute in such case made and provided, the said defendant 
 then and there became liable to pay to the said plaintiff the said 
 
426 UNCOLLECTED WORKS OF LINCOLN 
 
 sum of money in the said promissory note specified, together with 
 the costs and charges of his said suit against the said maker of 
 said note ; and being so liable he the said defendant, in considera- 
 tion thereof afterwards towit, on the day and year aforesaid at 
 the county and circuit aforesaid, undertook, and then and there 
 faithfully promised the said plaintiff to pay him the said sum 
 of money in the said promissory note specified according to the 
 tenor and effect thereof together with the costs and charges of 
 the said suit against the maker of said note — And whereas also 
 afterwards, towit on the twentieth day of May in the year of 
 our Lord one thousand eight hundred and thirtysix, at Wash- 
 ington, towit at the county & circuit aforesaid, the said Cyrus 
 H. King made his certain other promissory note in writing, bear- 
 ing date the day and year aforesaid, and thereby then and there 
 promised to pay nine months after the date thereof, to one 
 Charles S. Dorsey by the style and description of Chs. S. Dorsey 
 or order, the sum of two hundred and four dollars and seventy- 
 five hundredths of a dollar, for value received, and then and 
 there delivered the said promissory note to the said Charles S 
 Dorsey to whom or to whose order the said sum of money in 
 the said promissory note specified was to be made, after the 
 making of the said promissory note, and before the payment of 
 the said sum of money therein specified, towit, on the seven- 
 teenth day of June in the year aforesaid, assigned the said promis- 
 sory note by indorsement in writing thereon, by which said as- 
 signment the said Charles S. Dorsey then and there ordered and 
 appointed the said sum of money in the said promissory note 
 specified to be paid to the defendant Wharton Ransdell and then 
 and there delivered said note so assigned to the said Wharton 
 Ransdell; And the said Wharton Ransdell, to whom the said 
 sum of money in the said promissory note specified was by said 
 assignment directed to be paid, after the making said assignment, 
 before the payment of the sum of money in the said promissory 
 note specified; towit on the day of in the 
 
 year of our Lord 
 
 assigned the said promissory note by in writing thereon, signing 
 his name thereto, "W. Ransdell" by which said assignment the 
 said Wharton Ransdell then and there ordered and appointed 
 the said sum of money in the said promissory note specified to 
 be paid to the said plaintiff Foley Vaughn, and then and there 
 delivered the said promissory note so assigned as aforesaid to 
 the said plaintiff: And the said plaintiff avers that a institution 
 
UNCOLLECTED WORKS OF LINCOLN 427 
 
 of suit on said note against the maker thereof would have been 
 wholly unavailing because at the first term of the circuit court 
 of McLean county in which county the maker of said note 
 resided, after said defendant assigned said note to said plaintiff, 
 the maker of said note was wholly insolvent and unable to pay 
 said note or any part thereof — By means whereof and by force 
 of the statute in such case made and provided the said defendant 
 then and there became liable to pay to the said plaintiff the said 
 sum of money in the said promissory note specified, according 
 to the tenor and effect thereof, and being so liable he the said 
 defendant, in consideration thereof, afterwards towit on the day 
 and year aforesaid, at the place aforesaid, undertook, and then 
 and there faithfully promised the said plaintiff to pay him the 
 said sum of money in the said promissory note specified accord- 
 ing to the tenor and effect thereof — 
 
 Yet the said defendant (Although often requested so to do) 
 hath not as yet paid to the said plaintiff the said sum of money 
 in the said promissory notes specified, or any part thereof, but 
 so to do hath hitherto wholly neglected and refused, and still 
 doth neglect and refuse, to the damage of the plaintiff of five 
 hundred dollars and therefore he sues &c. 
 
 Stuart & Lincoln p. q. 
 
 (The following is a copy of both notes sued on, both being 
 precisely alike — ) 
 
 "$204-75. Washington May 20 1836. 
 
 Nine months after date I promise to pay Chs. S. Dorsey or 
 order two hundred & four 75/100 dollars, value received, with- 
 out defalcation — 
 
 Cyrus H. King" 
 (First indorsement) 
 "June 17 1836. Pay the bearer Wharton Ransdell 
 
 Charles S. Dorsey" 
 (Second indorsement) 
 "Pay to Foley Vaughn. 
 
 W. Ransdell. 
 Foley Vaughn 
 
 1 
 
 vs [ Declaration 
 
 Wharton Ransdell — 
 Filed Nov 4th 1839 
 Wm Butler, ck 
 
428 UNCOLLECTED WORKS OF LINCOLN 
 
 DECLARATION OF THE PLAINTIFF IN THE SUIT OF 
 
 TROTTER VS. ARNOLD AND FAIRCHILD, 
 
 NOVEMBER 4, 1839. 
 
 (Herndon-Weik Collection) 
 
 The declaration, quoted note and cover notations in this 
 
 case were drawn by Attorney Lincoln, except the filing date 
 
 which is in the hand of Butler. 
 
 State of Illinois 1 Qf ^ November term of the circuit 
 Sangamon county^ cQurt of gaid cQ A D mg _ 
 
 and circuit J 
 
 George Trotter plaintiff complains of Robert C. Arnold, and 
 Moses Fairchild defendants in custody &c of a plea of Trespass 
 on the case upon promises : For that whereas the said defendants, 
 heretofore to wit, on the first day of March in the year of our 
 Lord one thousand eight hundred and thirtysix, at Springfield, 
 towit at the county and circuit aforesaid, made their certain 
 promissory note in writing, bearing date the day and year afore- 
 said, and thereby then and there promised to pay one year after 
 the date thereof, to the said plaintiff or order one hundred dollars 
 with interest from date (meaning the date of said note) until 
 paid at the rate of twelve per cent per annum, the interest to be 
 paid semi annually, for value received, and then and there de- 
 livered the said promissory note to the said plaintiff; by means 
 whereof, and by force of the statute in such case made and pro- 
 vided the said defendants then and there became liable to pay 
 to the said plaintiff the said sum of money in the said promis- 
 sory note specified according to the tenor and effect of the said 
 promissory note; and being so liable, they the said defendants, 
 in consideration thereof, afterwards, towit on the day and year 
 aforesaid, at the county & circuit aforesaid, undertook and then 
 & there faithfully promised the said plaintiff to pay him the said 
 sum of money in the said promissory note specified according to 
 the tenor and effect thereof — 
 
 Yet the said defendants (although often requested so to do) 
 have not as yet paid the said sum of money in the said promis- 
 sory note specified, or any part thereof ; but sotodo have hitherto 
 wholly neglected and refused, and still do neglect and refuse, 
 To the damage of the said plaintiff of two hundred dollars and 
 therefore he sues &c. 
 
 Stuart & Lincoln p q. 
 (Copy of note sued on) 
 
 "Dolls. $100. Springfield March 1 . . 1836 
 
UNCOLLECTED WORKS OF LINCOLN 429 
 
 One year after date we promise to pay to George Trotter 
 or order one hundred dollars with interest from date until paid 
 at the rate of twelve per cent per annum, the interest to be paid 
 semi annually, for value received. 
 
 Robert C. Arnold 
 George Trotter Moses Fairchild" 
 
 1 
 
 vs j> Decln 
 
 J 
 R. C. Arnold & 
 
 Moses Fairchild 
 
 Filed Nov 4th 1839 
 
 Wm Butler, ck 
 
 PRECIPE, DECLARATION AND BILL OF EXCEPTIONS 
 
 IN THE SUIT OF HAY VS. MOCK AND LASWELL, 
 
 NOVEMBER 5 AND 30, 1839. 
 
 ( Herndon-Weik Collection) 
 
 The praecipe and declaration in this case are in the hand of 
 Attorney Lincoln with the exception of the part written in the 
 hand of Logan and Baker in answer to the declaration. The 
 cover notations also appear to have been penned by Lincoln. 
 The care taken by Mr. Lincoln in writing his documents is 
 evidenced by the crossing out of words, which will be found 
 used in their proper place later on in the document. "Always" 
 is spelled as "allways", and the use of "hath not" with the plural 
 defendants is frequently found in the legal documents by Lin- 
 coln. He changed to "have" upon occasion. Lincoln listed his 
 employment in the firm fee book in Hay vs. Laswell, and Hay 
 vs. Mock & Laswell. He was more fortunate in the above case 
 as he gained a judgment by consent of $200 for Hay upon March 
 6, 1840. 
 
 The bill of exceptions was penned by Lincoln, and signed 
 by Judge Treat. The cover notations are in Butler's hand. It 
 is of interest to notice that "stalion" is used for the word, "stal- 
 lion", throughout the bill. As noted elsewhere Laswell confessed 
 judgment for the sum of $2.50, the exact value of the bridle as 
 given in the complaint of Hay vs. Mock and Laswell. This judg- 
 ment was confessed upon March 4, 1840. 
 
 c Of the November term of the Circuit 
 
 Sangamon county coim ^ ^^ lg39 _ 
 
 and circuit J 
 
430 UNCOLLECTED WORKS OF LINCOLN 
 
 Nathaniel Hay plaintiff, complains of Henry Mock and 
 Thomas Laswell defendants in custody &c of a plea of Trespass 
 on the case upon promises : For that whereas heretofore towit, 
 on the day of August in the year of our Lord one 
 
 thousand eight hundred and thirtynine, at the county and circuit 
 aforesaid, the said plaintiff, at the special instance and request 
 of the said defendants, bargained with the said defendants, to 
 buy of them the said defendants, and the said defendants then 
 and there sold to the said plaintiff, a large quantity towit eighty 
 cords of wood, at the rate or price of two dollars and fifty cents 
 for each and every cord thereof, forty cords of which, to be 
 delivered by the said defendants to the said plaintiff, by the 
 fifteenth day of September then next ensuing, at Springfield 
 (meaning Springfield in the county of Sangamon and State of 
 Illinois) and the remaining forty cords to be delivered by the 
 said defendants to the said plaintiff, by the twentyfifth day of 
 December 1839 — at Springfield aforesaid; one half of said 
 wood to be four feet in length and the other half to be eight 
 feet in length, the whole of said wood to be well split suitable 
 for burning brick, to be paid for by the said plaintiff to the said 
 defendants at the time and place of making said contract — 
 
 And in consideration thereof, and that the said plaintiff at 
 the like special instance and request had then and there under 
 taken and faithfully promised the said defendants to accept and 
 receive the said wood and to pay them for the same at the rate 
 aforesaid; they the said defendants undertook &c. to deliver the 
 said wood to him the said plaintiff as aforesaid; and although 
 the said time for delivery of the said first forty cords of said 
 wood, as aforesaid, hath long since elapsed, and the said plaintiff 
 hath allways been ready and willing to accept and receive the 
 said wood, and although he did, on the day and year and at the 
 place first aforesaid, pay to the said defendants the sum of two 
 hundred dollars, being the amount of two dollars and fifty cents 
 for each cord of wood so to be delivered to him as aforesaid, 
 which fact of payment as aforesaid, the said plaintiff hereby 
 avers to be true ; yet the said defendants not regarding &c but 
 contriving &c to deceive and defraud the said plaintiff in this 
 behalf, did not nor would within the time aforesaid, or at any 
 time afterward, deliver the said wood or any part thereof for 
 the said plaintiff at Springfield aforesaid, or elsewhere, but 
 wholly neglected and refused so to do ; whereby the said plaintiff 
 hath lost and been deprived of divers great gains and profits, 
 
UNCOLLECTED WORKS OF LINCOLN 431 
 
 which might and otherwise would have arisen and accrued to 
 him from the delivery of the said wood to him the said plaintiff 
 as aforesaid towit at Springfield aforesaid — To the damage of 
 the said plaintiff of two hundred dollars and therefore he sues 
 &c — 
 
 Stuart & Lincoln p q. 
 
 2nd count to come in at the star on the other half of this 
 sheet — 
 
 And whereas also afterwards towit, on the day and year 
 first aforesaid, at the county and circuit aforesaid the said de- 
 fendants were indebted to the said plaintiff in the sum of two 
 dollars and fifty cents for a certain bridle by the said plaintiff 
 before that time sold and delivered to the said defendants, and 
 at their special instance and request ; and being so indebted, they, 
 the said defendants in consideration thereof afterwards towit, 
 on the day and year aforesaid at the county and circuit aforesaid, 
 undertook and then and there faithfully promised the said plain- 
 tiff the said sum of money when they the said defendants should 
 be thereunto afterwards requested — Yet the said defendants (al- 
 though often requested so to do) hath not as yet paid the said 
 sum of money or any part thereof but so to do hath hitherto 
 wholly neglected and refused — 
 
 Hay 
 
 vs 
 Mock and Laswell 
 
 and the Defendants come and 
 defend the wrong and injury when 
 where &c and say the Plaintiff 
 
 actio non because they say they did not undertake and promise 
 in manner and form as the plaintiff in his declaration hath alleged 
 and of this they put themselves upon the country 
 
 Logan & Baker 
 pd 
 And the plff. doth the like 
 
 Stuart & Lincoln p q. 
 
 Nathaniel Hay 
 
 vs 
 Henry Mock & 
 Thomas Lasswell 
 
 Filed Nov 5th 1839. 
 Wm Butler clerk 
 
432 UNCOLLECTED WORKS OF LINCOLN 
 
 Nathaniel Hay 
 
 vs 
 Henry Mock & 
 Thomas Laswell 
 
 Be it remembered that on the trial of the cause, the defend- 
 ants jointly purchased of the plaintiff a certain stalion or stud- 
 horse; that on the consummation of the contract for the purchase 
 of said stalion one of the defendants only, to wit, the said Mock, 
 was present, that said Mock then stated that he and said Las- 
 well had entered into partnership in the keeping of a Livery- 
 stable ; that they had purchased said stalion to use at said stable — 
 Plaintiff further proved it was commonly reported that said Mock 
 and Lasswell did keep a Livery stable in partnership commencing 
 about that time; and that said stalion was taken and used at said 
 stable — Plaintiff also proved that at the time of the consumma- 
 tion of the contract aforesaid, said Mock purchased of said plain- 
 tiff a certain bridle, which plaintiff had procured for and used 
 upon said stalion, said Mock then stating that he and said Las- 
 well had purchased said stalion to use at the Livery stable, and 
 that they wanted the bridle to go with him; and further that 
 said Mock took said stalion away from the possession of the 
 plaintiff with said bridle upon him — This evidence was offered 
 to support a count in plaintiffs declaration, charging generally 
 that, said defendants purchased said bridle of the plaintiff, and 
 was objected to by the defendants, and the court decided the 
 evidence to be insufficient to charge the defendants jointly, and* 
 thereupon judgment was given for the defendants — To this 
 opinion of the court the plaintiff excepts, & prays that this his 
 bill of exception may be signed, sealed, and made part of the 
 record in the cause — 
 
 Samuel H Treat (Seal) 
 N. Hay 
 
 vs 
 Mock & Laswell 
 Filed Nov. 30, 1839 
 Wm. Butler, Clk 
 
 PRECIPE, DECLARATION AND BOND FOR COSTS IN 
 
 THE SUIT OF HARKNESS VS. TRUETT & 
 
 COMPANY, NOVEMBER 6, 1839. 
 
 (Herndon-Weik Collection) 
 
 The file date and Butler's signature are the only parts of the 
 
UNCOLLECTED WORKS OF LINCOLN 433 
 
 document and notations in this suit which were not penned by 
 Attorney Lincoln. In one or two cases it appears that Mr. Lin- 
 coln had forgotten the words penned by him, and repeated on 
 occasion. These mistakes he crossed out with his usual care. 
 On September 20, 1839 Lincoln recorded the receipt of the note 
 in the case. Harkness, the client of Stuart & Lincoln, received 
 a judgment of $234.50, the amount of the note, and damages of 
 $40.34. Decision was rendered in the Sangamon Circuit Court 
 on November 23, 1839. 
 
 State of Illinois Of the November term of the 
 
 Sangamon county \ ss circuit court of said county 
 and circuit A. D. 1839 
 
 Charles Harkness, plaintiff, complains of Henry B. Truett 
 and William L. May late trading and doing business under the 
 name style and firm of "H. B. Truett & Co" defendants being 
 in custody &c of a plea of Tresspass on the case upon promises ; 
 For that whereas the said defendants, heretofore towit, on the 
 fifth day of September in the year of our Lord one thousand 
 eight hundred and thirtysix at Philad towit at the county and 
 circuit aforesaid, by one Miles F. Truett their agent in that be- 
 half, made their certain promissory note in writing, signing 
 thereto their partnership name of "H. B. Truett & Co" bearing 
 date the day and year aforesaid, and thereby then and there 
 promised to pay, Six months after the date thereof, to the order 
 of "Chas. Harkness" the sum of two hundred and thirtyfour 
 dollars and fifty cents, without defalcation for value received, 
 and then and there delivered the said promissory note to the said 
 plaintiff; by means whereof and by force of the statute in such 
 case made and provided, the said defendants then and there be- 
 came liable, to pay to the said plaintiff the said sum of money 
 in the said promissory note specified according to the tenor and 
 effect of the said promissory note; and being so liable, they the 
 said defendants, in consideration thereof, afterwards towit on 
 the day and year aforesaid at the county and circuit aforesaid, 
 undertook, and then and there faithfully promised the said plain- 
 tiff to pay him the said sum of money in the said promissory 
 note specified, according to the tenor and effect thereof — Yet 
 the said defendants (although often requested so to do) have 
 not as yet paid the said sum of money in the said promissory 
 note specified or any part thereof; but sotodo, have hitherto 
 wholly neglected and refused and still do neglect and refuse. To 
 
434 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 the damage of the said plaintiff of four hundred dollars and 
 therefore he sues &c. 
 
 Stuart & Lincoln p q. 
 
 (Copy of the note sued on) 
 "$234. 50/100 Philada Sep 5 1836 
 
 Six months after date we promise to pay to the order of 
 Chas. Harkness two hundred thirty four Dollars 50/100 without 
 defalcation for value received. 
 
 H. B. Truett & Co 
 pr. Miles F. Truett" 
 
 Trespass on the case upon 
 promises — 
 Damage $400-00 
 
 Charles Harkness 
 
 vs 
 Henry B. Truett & 
 William L May, late 
 trading and doing business 
 under the name style 
 and firm of 
 H. B. Truett & Co 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause — 
 
 Stuart & Lincoln p. q. 
 Charles Harkness ] 
 
 vs. 1- In the Sangamon circuit court 
 
 Henry B. Truett & | 
 William L May 
 
 I do hereby enter myself security for costs in this cause, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or 
 to any of the officers of this court in pursuance of the laws of 
 this state — 
 
 A. Lincoln 
 
 Dated this 6th day of November A. D. 1839 
 Charles Harkness 
 
 vs. j- Precipe, decln & 
 
 J Bond for Costs 
 H. B. Truett & Co. 
 
 Filed Nov 6 1839 
 Wm Butler Clk 
 
UNCOLLECTED WORKS OF LINCOLN 435 
 
 PRAECIPE, DECLARATION AND BOND FOR COSTS IN 
 
 THE SUIT OF TOWNSEND VS. TRUETT & 
 
 COMPANY, SANGAMON CIRCUIT COURT, 
 
 NOVEMBER 6, 1839. 
 
 ( Herndon- Weik Collection ) 
 
 There is little in these legal papers that was not penned by 
 Mr. Lincoln. The praecipe, declaration, and bond were his work, 
 as were the cover notations, with exception of the filing date. 
 He changed from "bussiness" to "business" in this document, 
 revealing that he knewHhe modern and accepted spelling of the 
 word. The declaration contains one of his rare omissions in legal 
 papers devoted to cases of trespass. Near the conclusion of the 
 document, in the line before the beginning of the last paragraph, 
 he writes, "promised the said plaintiff him the said sum of 
 money." The context of other papers in his hand reveals that 
 he omitted the words, "to pay," before "him" The document 
 itself shows a more hurried composition than most of his earlier 
 legal papers, especially in its omission of punctuation, an unusual 
 thing in his later legal papers. The documents presented here 
 are the only evidence of the case as one in which Mr. Lincoln 
 acted as counsel. The record, if it exists, lies in the yet un- 
 searched entries of the Sangamon Circuit Court. 
 
 State of Illinois Of the November term of 
 
 Sangamon county j- ss the circuit court of said 
 
 and Circuit J county A. D. 1839 
 
 Samuel Townsend, plaintiff, complains of Henry B. Truett 
 and William L May, late trading and doing business under the 
 name style and firm of "H. B. Truett & Co" defendants, in 
 custody &c of a plea of Trespass on the case upon promises For 
 that whereas the said defendants, heretofore towit, on the first 
 day of September in the year of our Lord one thousand, eight 
 hundred and thirtysix. at Philada. towit at the county and circuit 
 aforesaid, by one Miers F. Truett their agent in that behalf, made 
 their certain promissory note in writing, signing thereto their 
 partnership name of "H. B. Truett & Co." bearing date the day 
 and year aforesaid, and thereby then and there promised to pay, 
 Six months after the date thereof to the said plaintiff or order, 
 without defalcation, the sum of one hundred dollars for value 
 received and. then and there delivered the said promissory note 
 to the said plaintiff: by means whereof, and by force of the 
 statute in such case made and provided the said defendants then 
 
436 UNCOLLECTED WORKS OF LINCOLN 
 
 and there became liable to pay to the said plaintiff the said sum 
 of money in the said promissory note specified, according to the 
 tenor and effect of the said promissory note; and being so liable 
 they the said defendants, in consideration thereof afterwards to- 
 wit, on the day and year aforesaid at the county and circuit 
 aforesaid, undertook and then and there faithfully promised the 
 said plaintiff him the said sum of money in the said promissory 
 note specified according to the tenor and effect thereof — 
 
 Yet the said defendants (although often requested sotodo) 
 have not as yet paid the said sum of money in the said promis- 
 sory note specified or any part thereof ; but so todo have hitherto 
 wholly neglected and refused, and still do neglect and refuse; 
 To the damage of the said plaintiff of two hundred dollars and 
 therefore he sues &c. 
 
 Stuart & Lincoln p q. 
 
 (Copy of note sued on) 
 "Dolls. 100.00 Philada. Sept. 1st 1836 
 
 Six months after date we promise to pay Samuel Townsend 
 or order without defalcation one hundred dollars for value reed. 
 
 H. B. Truett & Co. 
 
 pr 
 
 Miers F Truett" 
 Samuel Townsend 
 
 vs 
 Henry B Truett & 
 William L May 
 late trading and doing 
 business under 
 the name style & firm of 
 H. B Truett & Co 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause — 
 
 Stuart & Lincoln p. q — 
 Samuel Townsend 
 
 vs In the Sangamon circuit court 
 
 Henry B. Truett & 
 William L. May 
 
 I do hereby enter myself security for costs in this cause, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party or 
 to any of the officers of this court in pursuance of the laws of 
 the state 
 
 Trespass on the case 
 upon promises — 
 Damage $200—00 
 
UNCOLLECTED WORKS OF LINCOLN 437 
 
 A. Lincoln 
 Dated this 6th day of November A. D. 1839. 
 Samuel Townsend 
 
 1 
 
 vs )■ Precipe, Decln 
 
 J Bond for costs — 
 H. B. Truett & Co. 
 
 Filed Nov 6th 1839 
 
 Wm Butler clerk 
 
 . DECLARATION OF PLAINTIFF IN THE SUIT OF 
 NEWSOM VS. NEWTON, NOVEMBER 6, 1839. 
 
 (Herndon-Weik Collection) 
 The declaration in this suit was drawn by Attorney Lincoln, 
 and he wrote the words "David Neufsom vs. Joel Newton Dec- 
 laration/' on the cover. These are penned vertically, while the 
 usual horizontal notations are in the hand of Clerk Butler. It 
 does not seem that the fifth count should follow the conclusion 
 of the document, but there are two points to be considered. The 
 original document reveals no point at which the fifth count may 
 be inserted before the words, "Yet the defendant," etc. The 
 words, "5th Count" are placed in the middle of a page unlike the 
 other four counts, which begin at the margin of the page. Finally, 
 in the totalling of the sums for which Newsom was indebted, Mr. 
 Lincoln at first put down the sums of four counts, and gave a 
 total of $4300. That sum was crossed out, a sum of $1000 added, 
 and the total revised to read, $5300. It is possible that Mr. Lin- 
 coln, having concluded the document, noted the omission of count 
 five, with the indebtedness, and added it to the document. The 
 original declaration would permit of such a conclusion, but it 
 does not offer conclusive evidence of the paper being penned in 
 this fashion. 
 
 State of Illinois Of the November term of the 
 
 \ ss circuit court of 
 Sangamon county said county A. D. 1839 — 
 
 1 David Newsom plaintiff, complains of Joel Newton, de- 
 fendant, in custody &c of a plea of Trespass on the case upon 
 promises: For that whereas the said defendant heretofore to- 
 wit on the day of in the year of our 
 
 Lord one thousand eight hundred and thirtynine, at the county 
 and state aforesaid, was indebted to the said plaintiff in the sum 
 of one thousand and three hundred dollars for divers goods, 
 
438 UNCOLLECTED WORKS OF LINCOLN 
 
 wares, merchandize and chattels by the said plaintiff before that 
 time sold and delivered to the said defendant, and at his special 
 instance and request, and being so indebted, he the said defend- 
 ant, in consideration thereof, afterwards towit, on the day and 
 year aforesaid, at the county and circuit aforesaid, undertook, 
 and then and there faithfully promised the said plaintiff to pay 
 him the said sum of money when he the said defendant should 
 be thereunto afterwards requested — 
 
 2 And whereas also afterwards towit, on the day and year 
 aforesaid, at the county and circuit aforesaid, the said defendant 
 was indebted to the said plaintiff in the further sum of one thou- 
 sand dollars for so much money by the said plaintiff before that 
 time lent and advanced to the said defendant, at his special in- 
 stance and request, and being so indebted, he the said defendant, 
 in consideration thereof afterwards, towit, on the day and year 
 aforesaid, undertook, and then and there faithfully promised the 
 said plaintiff to pay him the said last mentioned sum of money 
 when he the said defendant should be thereunto afterwards re- 
 quested — 
 
 3 And whereas also afterwards to wit, on the day and year 
 aforesaid, at the county and circuit aforesaid, the said defendant 
 was indebted to the said plaintiff in the further sum of one 
 thousand dollars, for so much money by the said plaintiff before 
 that time paid, laid out and expended to and for the use of the 
 said defendant at his like special instance and request, and being 
 so indebted, he the said defendant in consideration thereof, after- 
 wards to wit, on the day and year aforesaid, at the county and 
 circuit aforesaid, undertook, and then and there faithfully 
 promised the said plaintiff to pay him the said last mentioned 
 sum of money when he the said defendant should should be there- 
 unto afterwards requested — 
 
 4 And whereas also afterwards towit, on the day and year 
 aforesaid at the county and circuit aforesaid, the said defendant 
 was indebted, to the said plaintiff, in the further sum of one 
 thousand dollars, for so much money by the said defendant be- 
 fore that time had and received to and for the use of the said 
 plaintiff; and being so indebted, he the said defendant, in con- 
 sideration thereof, afterwards towit, on the day and year afore- 
 said at the county and circuit aforesaid, undertook, and then and 
 there faithfully promised the said plaintiff to pay him the said 
 last mentioned sum of money, when he the said defendant should 
 be thereunto afterwards requested — 
 
UNCOLLECTED WORKS OF LINCOLN 439 
 
 Yet the said defendant (although often requested sotodo) 
 hath not as yet paid the said several sums of money or any part 
 thereof, but so to do hath hitherto wholly neglected and refused, 
 and still doth neglect and refuse. To the damage of the said 
 plaintiff of thirteen hundred dollars, and therefore he sues &c. 
 
 Stuart & Lincoln p. q. 
 (Copy of acpt) 
 Joel Newton 
 1839— July 1st To goods, wares, merchandize & chattels $1300-00 
 To money lent 1000-00 
 
 To money paid 1000-00 
 
 To monev had and received 1000-00 
 
 To work & labor done 1000.00 
 
 $5300.00 
 5 Count 
 And whereas also afterwards, towit, on the day and year 
 aforesaid at the county and circuit aforesaid, the said defendant 
 was indebted to the said plaintiff in the further sum of one 
 thousand dollars, for the work and labour, care and diligence, 
 of the said plaintiff before that time done performed and be- 
 stowed by the said plaintiff, and his servants, and with his horses, 
 oxen, carts, waggons and carriages in and about the business of' 
 the said defendant, and at his special instance and request; and 
 being so indebted, he the said defendant in consideration thereof, 
 afterwards towit, on the day and year aforesaid, at the county 
 and circuit aforesaid undertook and then and there faithfully 
 promised the said plaintiff to pay him the said last mentioned 
 sum of money when he the said defendant should be thereunto 
 requested — 
 
 David Newsom 
 
 l 
 
 vs J. Decln 
 
 Joel Newton 
 Filed Nov 6th 1839 
 Wm Butler clerk 
 
 ARTICLE BY MR. LINCOLN IN THE SANGAMO 
 JOURNAL, NOVEMBER 8, 1839. 
 
 f ^ 
 
 How the public revenues should be raised and guarded never 
 
 "V! 
 
440 UNCOLLECTED WORKS OF LINCOLN 
 
 had at any time a congenial or well considered place in the poli- 
 tical thinking of Mr. Lincoln, and that fact is clearly in ^evidence 
 in the article, State Sub -Treasuries — Gold and Silver for Taxes, 
 which he is believed to have contributed to the issue of the 
 Sangamo Journal for November 8, 1839. At that time he was, 
 first of all, a defender of Whig policy and contentions, and so, 
 with voice and pen vigorously, opposed the sub-treasury system 
 brought forward by President Van Buren as a remedy for the 
 financial ills which then afflicted the nation. But despite Whig 
 opposition public sentiment in its favor grew steadily; a new 
 Congress pledged to its enactment was elected, and on July 4, 
 1840, Van Buren finally signed what the elder Francis P. Blair 
 declared "the second Declaration of Independence." The New 
 Era cited by Lincoln was a New York daily which truculently 
 supported the Van Buren administration and which had for its 
 editor Richard Adams Locke, a clever young Englishman who 
 had come to America a few years before and who is now best 
 remembered as author of the famous Moon Hoax. The Re- 
 former also cited by Lincoln had for its full title The Radical 
 Reformer and Working Man's Advocate, and for its editor 
 Thomas Brothers, an English radical and disciple of William 
 Cobbett, who for a time ivrought valiantly to enlist labor in 
 support of the cause of hard money. 
 
 The loco foco party are anxious for the establishment of 
 the Sub-Treasury System for the General Government; but few 
 of them have the hardihood to urge the carrying out of the sys- 
 tem in the States. This was shown conclusively in our Legis- 
 lature last winter; where, although very near a majority of the 
 House were in favor of the collection of the public dues in gold 
 and silver, and the establishment of the sub-treasury system by 
 Congress — only NINE of the faithful, if we recollect, were will- 
 ing to enforce the policy in our State. 
 
 While, however, the party are so chary here on the subject, 
 in some parts of the Union they do not hesitate to "go the entire 
 figure." The New York "New Era" — a pattern democratic 
 paper — thus announces its views upon this subject: 
 
 "That we are in favor of an entire separation of the fiscal 
 affairs of this State, as well as the United States, from all banks 
 and corporations, and are decidedly in favor of each government 
 being the direct receiver and disburser of the revenue in gold 
 and silver." 
 
 This ground is consistent. If the Sub-Treasury System, is 
 
UNCOLLECTED WORKS OF LINCOLN 441 
 
 as important to the General Government, as is pretended, it must 
 be equally so to the States. The New York Reformer — another 
 pattern democratic paper — thus reasons upon the subject gen- 
 erally : 
 
 "If a National Bank is unconstitutional, so is a State Bank. 
 If a National Bank is dangerous to our liberties, from its im- 
 mense influence over the government and congress, much more 
 so are the local banks, by their influence over the state govern- 
 ments and legislatures. If the banks are not safe depositories 
 for the funds of the general government, neither are they so for 
 the state. If depreciated bank paper promises, are not a safe 
 currency, in which to receive the revenue of the nation, neither 
 is it, to receive the taxes and tolls belonging to the state." — The 
 parallel holds good throughout. What abnominable mockery is 
 it not then, for any one to pretend to favor the sub-treasury 
 scheme of the general government; to collect all the revenue in 
 the constitutional currency, and for the sake of security to keep 
 it in safes and vaults in charge of receivers appointed specially 
 for the purpose; when at the same time they allow the revenue 
 of the state to be collected in the paper promises of any of the 
 150 shinplaster manufactories in this state, and deposited in any 
 one of them for safe keeping. Either the measures of the gen- 
 eral government are in truth a ridiculous humbug; or the men 
 who support such measures, and at the same time justify a paper 
 currency and are willing to receive it for taxes and tolls, and to 
 keep the state funds deposited in banks, are knaves or fools. 
 
 No proposition therefore can be more clear than this, that 
 if we justify and support the sub-treasury project recommended 
 by the President, as a necessary and proper measure; we are 
 equally bound by every motive and consideration, either of con- 
 sistency or common sense, to support the project of a sub- 
 treasury, and a hard money currency for the state. 
 
 If the premises of the Reformer are correct, no man can 
 gainsay its conclusions. To this complexion the Sub-Treasury 
 Scheme must come at last. If the plan has any real and im- 
 portant advantages over the uniform practice which has ob- 
 tained in this country, since the organization of the government, 
 the low State credit, and exhausted State treasuries, should first 
 feel its renovating influence. Gentlemen Semi Loco Focos, you 
 must go the whole load, or you will be treated as ten times more 
 infamous traitors, than Tallmadge, Rives and others. Reason, 
 common sense, and common decency will not permit you to up- 
 
442 UNCOLLECTED WORKS OF LINCOLN 
 
 hold a FEDERAL Sub-treasury, and at the same time deny 
 
 your own State its real or pretended advantages. 
 
 REPLICATION IN THE SUIT OF ATWOOD & JONES 
 
 VS. DOUGLAS & WRIGHT, SANGAMON CIRCUIT 
 
 COURT, NOVEMBER 19, 1839. 
 
 This replication is one of the most altered and carved up 
 papers among the Lincoln legal documents. It is a co-operative 
 work. Douglass wrote the replies of Wright, the one beginning 
 with the words, "and the said Wright says," and the other start- 
 ing with the clause "and the said Deft Wright says." It will be 
 noted that he wrdte the name of one of the defendants as "Doug- 
 lass," a way in which he wrote his own name in his earlier days. 
 With the exception of these two brief replies by Wright, the 
 replication, with its numerous erasures is from the pen of Mr. 
 Lincoln. Although he cut out almost all of the first part of the 
 replication, he overlooked the word, "no", preceding the crossed 
 out words, "notice had been given" It may be noted in passing 
 that the legal papers of Lincoln were rarely crossed out in such 
 fashion. On March 8, 1839, Asa D. Wright, one of the defen- 
 dants in the case, filed his plea, and on March 9, 1839, the case 
 was continued. As can be seen, the case was one of trespass 
 upon promises, involving a note of a promissory nature. After 
 filing the replication, Mr. Lincoln filed a demurrer on November 
 22, 1839, in answer to the defendant. The case was finally de- 
 cided on December 2, 1839, at which time a judgment for 
 $568.22 was rendered in favor of I ones and Atwood, the clients 
 of Stuart & Lincoln. 
 Atwood & Jones 1 
 
 vs \ 
 
 Douglas & Wright J 
 
 And the said plaintiffs for Replication to the said first plea 
 of the said Wright by him above pleaded, say precludi non, be- 
 cause they say, that at the date of the said note in the said decla- 
 ration mentioned towit on the 23rd day of December A. D. 1837 
 the said Douglas and Wright were in copartnership with the said 
 Erskine Douglas as alleged in their said declaration under the 
 name style and firm of Douglas & Wright, towit, with Moses 
 Atwood, which were then standing and unsettled, and unsettled, 
 at the time of making of the said note, the plaintiffs aver no 
 notice had been given to the said plaintiffs — And this they are 
 ready to verify, wherefore they pray judgment &c 
 
 Stuart & Lincoln p q. 
 
UNCOLLECTED WORKS OF LINCOLN 443 
 
 And the said Wright says he was not in partnership as afore- 
 said on the 8th day of December 1837 with Erskine Douglass & 
 of this he puts himself upon the country 
 
 Douglass for Wright 
 And plaintiffs do the like 
 
 Stuart & Lincoln p q. 
 And for Replication to the second plea of the said Wright 
 above pleaded, say precludi non because they say, the said Wright 
 did execute the said note in manner and form as in the said 
 declaration alleged, and this they are ready to verify, wherefore 
 they pray judgment &c. 
 
 Stuart & Lincoln p q. 
 
 And the said Deft Wright says he did not execute said note 
 as alleged & of this he puts himself upon the country 
 
 Douglass for Wright 
 And the plaintiffs do the like 
 
 Stuart & Lincoln p q. 
 
 DEMURRER IN THE SUIT OF VAUGHN VS. 
 RANSDELL, NOVEMBER 20, 1839. 
 (Herndon-Weik Collection) 
 This demurrer zws penned by Walker, as were the cover 
 notations. The words, "Joinder in Demurrer, Lincoln p q" and 
 "Joinder in Demurrer, p q — ", are from the pen of Attorney Lin- 
 coln, who filed his joinder on November 21, 1839. The court 
 sustained this in part and gave him leave to amend his declara- 
 tion of November 21, 1839. The case was continued until the 
 March, 1840 term of court. 
 
 Vaughan 
 
 l 
 
 vs \ Case 
 
 J 
 
 Ransdell 
 
 And the defendant comes and defends &c & says actio non 
 because he says that each and both of the counts in the plaintiffs 
 Declaration are insufficient in law to have and maintain said 
 action nor is he bound by law to answer the Same and this he is 
 ready to verify 
 
 Wherefore he prays Judt &c 
 
 Joinder in Demurrer, Lincoln p q. Walker, pd 
 
 For causes of Demurrer he sets down the following viz 
 
444 UNCOLLECTED WORKS OF LINCOLN 
 
 1st the first count is blank as to the date of the assignment 
 to Vaughan 
 
 2 The 2nd Count does not exhibit any diligence or valid 
 excuse for making it 
 
 Joinder in Demurrer p q — Walker p d 
 
 Vaughan 
 
 vs 
 Ransdell 
 
 Filed Wednesday 
 Nov 20th 1839 
 
 NOTE OF CONSTANT AND FRANCIS, 
 NOVEMBER 21, 1839. 
 
 ( Herndon-Weik Collection) 
 
 The words, "Constant & Francis" on the cover of the note 
 reproduced below were penned by Attorney Lincoln, A nota- 
 tion below the note refers to it as part of the case of Kerr vs. 
 Constant and Francis. This notation appears to be incorrect, 
 and is incorrect. Abraham Lincoln filed a three- page bill of 
 complaint in the case of Neff, Wanton & Co. vs. Josiah Francis 
 on November 4, 1839. Neff, Wanton & Co. were a group of St. 
 Louis merchants who sought to collect a note of $353.61 from 
 Josiah Francis, a merchant of Athens, Illinois. The note given 
 below does not seem to have been cited at this time, as it was 
 dated more than two weeks after the case. In the final decision 
 of the case on March 25, 1841, judgment was rendered by de- 
 fault of the defendants. The other defendant appears to have 
 been Constant, for the damages awarded were for $397.44, the 
 exact amount of the note given below. It appears that the note 
 was not evidence in the case of Kerr vs. Constant & Francis, but 
 the basis for the award made on December 25, 1841. 
 
 $368. — Four months after date we promise to pay to the 
 order of Neff Wanton or order three Hundred and sixty eight 
 Dollars, for Value received. 
 
 Nov. 21, 1839 Constant & Francis 
 
 368. 
 29 44 
 
 397.44 
 Constant & Francis 
 
UNCOLLECTED WORKS OF LINCOLN 445 
 
 REPORT BY JOHN W. PATTERSON AND OTHERS ON 
 SELLING REAL ESTATE, SANGAMON CIRCUIT 
 COURT, NOVEMBER 23, 1839. 
 (Herndon-Weik Collection) 
 This report was penned by Mr. Lincoln, as was the cover 
 notation, concluding with, <( to sell Real estate/' The date of 
 filing is not distinctly Lincolnesque, but, "Nov. 23, 1839," ap- 
 pears to have been penned by him, as does, "Butler ck" and it 
 is possible that the complete document and cover notations were 
 his work. It is difficult to understand his reason for styling the 
 cover notation a petition to sell real estate, and then writing a 
 report of the sale of real estate according to the order of the 
 court. The petition to sell real estate, brought before the court 
 by the administrators and administratrix, was granted on October 
 11, 1838. Stuart and Lincoln appeared for the plaintiffs, the ad- 
 ministrators, on March 5, 1838, and Mr. Lincoln then filed this 
 report of the disposal of the real estate. The case was continued 
 at the time of the filing of the report. If the records contain a 
 final decision, research to the present time has not uncovered it. 
 John W. Patterson, John A. Casey, and Jane Casey, adminis- 
 trators and administratrix of Green Casey deceased, who were 
 directed by an order of the Sangamon circuit court to sell the 
 real estate of the said Green Casey deceased, report that they 
 have sold lands in obedience to said order after having adver- 
 tised according to law ; and that William Stotts, being the highest 
 and best bidder became the purchaser of the whole thereof which 
 are not included in a former report — That is to say, the said 
 William Stotts purchased The West half of the South West 
 quarter of Section Twentyfour in Township Nineteen North 
 Range Five West, the East half of the South East quarter of 
 Section Thirty in Township Nineteen North of Range Four 
 West, for the sum of three dollars and eighteen and three quar- 
 ters cents, per acre, and that they have taken said Stott's notes 
 with personal security, and a mortgage on the land to secure the 
 purchase money — 
 
 J. W. Patterson 
 J. A. Casey & 
 Jane Casey 
 
 John W. Patterson & others- 
 Pet, to sell Real Estate 
 filed Nov 23 1839 
 Wm Butler ck 
 
446 UNCOLLECTED WORKS OF LINCOLN 
 
 NEWTON VS. NEWSOM, SANGAMON CIRCUIT 
 
 COURT, NOVEMBER 26, 1839. 
 
 (Hern don- Weik Collection) 
 
 This report is not in the hand of Herndon or Henry as their 
 signed names attest. It is not similar to the cover notations by 
 Butler, and seems the work of a clerk in the office of the com- 
 missioners. It is included because of its being a part of the his- 
 tory of the case, and as the answer of Herndon and Henry, both 
 well known to Abraham Lincoln. William Herndon will be 
 recognised as the plaintiff in {the case of Herndon vs. Smith, 
 and as the uncle of William H. Herndon. Dr. Anson G. Henry 
 was one of the intimate friends of Mr. Lincoln, and it was he 
 whose medical services were desired by the latter in one of his 
 spells of depression in January, 1841. Newton had sued the two 
 commissioners, but on July 16, 1839, their friend Lincoln ob- 
 tained costs for them in the case. The case was of Newton vs. 
 Newsom which was submitted to three arbitrators on November 
 21, 1839. Present studies have revealed no final decision on the 
 answer of the commissioners, nor on the result of the suit brought 
 by Newsom against Newton. 
 In the matter of Joel Newton, 
 
 Sangamon Circuit Court 
 Of the Nov. T. 1839 
 
 on application for mandamus 
 
 against W Herndon & 
 
 A. G. Henry state House cmrs. 
 
 And now come into open Court A. G. Henry and William 
 Herndon two of the State House Commissioners of the State of 
 Illinois, and in obedience to a Rule of this Honorable Court, 
 requiring them the said commissioners to shew cause, why a 
 writ of mandamus should not issue against them the said com- 
 missioners, compelling them to pay to one Joel Newton, the 
 amount claimed to be due from the said commissioners to the 
 said Newton for timber, lumber and building materials alleged 
 to have been furnished by one David Newsom as agent of the 
 said Joel Newton, to the said commissioners for the use of the 
 aforesaid State House according to the terms of the said Newton 
 & Newsom with said commissioners, and show for cause why 
 said Mandamus should not issue the following facts, viz 
 
 It is admitted by these Respondents that they in their ca- 
 pacity as commissioners aforesaid did execute and enter into the 
 covenant set forth by the aforesaid petitioner, Joel Newton, in 
 his petition herein with the said Joel Newton and the said 
 David Newsom as his surety, but these respondents expressly 
 
UNCOLLECTED WORKS OF LINCOLN 447 
 
 deny that they ever did receive from the said Newton any part 
 or portion of the materials described in said Newton's aforesaid 
 Covenant, according to the terms of said covenant, but admitting 
 that they did receive from the aforesaid David Newsom timber 
 lumber &c, such as is described in the aforesaid Covenant, 
 amounting to the sum of two hundred and sixty eight 65/100 
 Dollars they expressly charge that such delivery of materials &c 
 was not made by the said petitioner Joel Newton in discharge of 
 his said contract, but by the aforesaid David Newsom, on his 
 own account, or that if delivered in pursuance of the aforesaid 
 Covenant, then that by the agreement of the said Newton & New- 
 som, with one of your Respondents, William Herndon, the 
 aforesaid David Newsom was authorized to Receive from your 
 respondents, payment in full for the said materials thus delivered 
 and to execute to your Respondents proper receipts & acquit- 
 tances therefor; and your Respondents allege that on the 4th 
 day of June A D 1839 after the delivery of the aforesaid mate- 
 rials by the said David Newsom, to your Respondents, your Res- 
 pondent William Herndon, Secretary of the Board of State 
 House commissioners did execute and deliver to the said New- 
 som at his request five several checks in favor of said Newton 
 & Newsom on the Treasurer of said Board, to wit your respon- 
 dent A. G. Henry, four of which said checks were for the sum 
 of fifty dollars each, and the remaining one of said checks was 
 was for the sum of Sixty Eight 65/100 Dollars, and that said 
 checks were issued in full and complete payment for the afore- 
 said materials delivered by the said Newsom as aforesaid ; but 
 your respondents further allege that said checks, copies of which 
 are herewith filed marked A. B. C. D and E, and prayed to be 
 taken as part of their response, yet Remain in the hands of the 
 said Newsom outstanding and unpaid. 
 
 In further support of the position assumed by your respon- 
 dents, that by the terms of their agreement with the aforesaid 
 Newton & Newsom, they were not bound in law or equity, 
 upon the delivery of the aforesaid materials, as aforesaid 
 made, to pay the amount due therefor to said Newton, but were 
 required to pay the same to said Newsom alone, or to the said 
 Newsom and Newton, they beg leave to refer to the affidavit of 
 the aforesaid Wm Herndon, herewith filed marked 3 and have 
 only to add that they have no interest whatever in the Result of 
 this controversy but desire that justice may be done, as they be- 
 lieve it has been — 
 
448 UNCOLLECTED WORKS OF LINCOLN 
 
 And now your Respondents having fully answered, and suf- 
 ficient cause why &c shewn pray that the aforesaid Rule may be 
 discharged and they dismissed herein with their reasonable costs 
 
 William Herndon 
 
 A. G. Henry 
 
 Newton 
 
 1 
 
 Answer 
 
 vs 
 
 \ 
 
 of 
 
 Newsom 
 
 J 
 
 commrs 
 
 Filed Nov 26' 
 
 9 1839 
 
 
 Wm Butler Clk 
 
 
 WILLIAM D. HERNDON VS. GLASGOW ET AL, 
 NOVEMBER 28, 1839. 
 
 Diligent search has failed to disclose the outcome of this 
 suit. It may have been settled out of court. William D. Hern- 
 don, the defendant was a widely known pioneer of Sangamon 
 County and a kinsman of William Henry Herndon, Mr. Lin- 
 coln's future law partner. 
 
 William D. Herndon ] 
 
 ads J- 
 
 Glasgow, Shaw & Tatemj 
 
 And the said defendant comes and defends the wrong and 
 injury when, where &c and says plaintiffs actio non because he 
 says he did not undertake and promise in manner and form as 
 the said plaintiffs in their said declaration have alleged against 
 him; and of this he puts himself upon the country &c 
 
 Stuart & Lincoln, p. d. 
 
 And the said defendant hereby notifies the said plaintiffs 
 that he will offer to set off the sum of $75.25/100 being the 
 amount of a certain order given by them to one William Speem 
 on the defendant, which the defendant has paid — 
 
 Stuart & Lincoln, p. d. 
 Wm. D. Herndon 
 
 1 
 
 ads \ Plea 
 
 Glasgow, Shaw & Tatem 
 
 Filed Nov. 23 1839 
 Wm Butler Clk. 
 
 
UNCOLLECTED WORKS OF LINCOLN 449 
 
 CARMAN VS. GLASCOCK, NOVEMBER 29, 1839: 
 AFFIDAVIT 
 State of Illinois [ 
 Sangamon county | 
 
 Jacob Carman one of the plaintiffs in a suit in the circuit 
 court of said county wherein affiant & Townsend Carman are 
 plaintiffs and John Glascock and others are defendants being duly 
 sworn states on oath, that James Strode is a material witness 
 for the plaintiffs on the trial of said suit & that they can not 
 safely go to trial without him that a subpoena was by affiant 
 procured to be issued by the clerk of said court and put in the 
 bands of the sheriff for said witness to attend at this term of 
 court and affiant supposed it was served, seeing the witness in 
 attendance in court on yesterday — Said witness does not attend 
 to day, & affiant can not find the said subpoena to ascertain 
 whether it has been served or not — That said witness resides 
 in this county, and the plaintiffs expect to procure his attendance 
 at the next term of the court, that they expect to prove by him 
 that defendants erected a fish-trap dam across the Sangamon 
 River as charged in the declaration, that affiant knows of no 
 other witness by whom he can prove the same fact, and that this 
 application is not made for delay, but that justice may be done — 
 
 Jacob Carman 
 Sworn to before me 
 this 27" day of Nov 1837 
 Wm Butler Clk 
 
 Carman vs 1 m 
 
 Glascock^ J AffidavIt 
 
 Filed Nov 29t 1839 
 Wm Butler Clk 
 
 PETITION TO SELL REAL ESTATE AND ANSWER OF 
 
 GUARDIAN AD LITEM IN SUIT OF REED AND 
 
 RICHARD VS. EARLY ET AL, NOVEMBER, 1839, 
 
 TERM OF THE SANGAMON COUNTY 
 
 CIRCUIT COURT. 
 
 (Herndon-Weik Collection) 
 
 The petition and cover notations in this case are in the hand 
 
 of Abraham Lincoln, with the exception of the notations upon 
 
 the date. These are in two different hands, and are not the 
 
450 UNCOLLECTED WORKS OF LINCOLN 
 
 zvork of Butler. They appear to be later notations. Mr. Lin- 
 coln used "proccd" for "proceeded", and "Thid" for "Third." 
 The errors may have been due to the rapidity of writing, or of 
 thought processes, but there are few such errors in the legal 
 papers drawn by him. The answer of the guardian ad litem is 
 undated, but is the reply of James C. Conkling referred to in 
 that capacity in the court decree of the November, 1839 Term 
 of the Sangamon County Circuit Court, and is therefore placed 
 in that period of time. 
 
 To the Honorable the Judge of the Sangamon circuit court — 
 
 Your petitioners, James F. Reed, and Peter Rickard, rep- 
 resent that in the month of March A D. 1838, Jacob M Early 
 died, having duly made and executed his last Will and Testament, 
 and appointed therein your Petitioners as executors thereof ; that 
 they have taken out letters testamentary from the office of the 
 Probate Justice of the Peace in and for the county of Sanga- 
 mon; that they have proced, so far as possible to the settlement 
 and adjustment of said estate; that the personal property and 
 available debts due said estate are insufficient to pay the debts 
 duly established against said estate by the sum of t[went]y one 
 hundred and nineteen dollars & thirtyone cents and that they 
 know of no means of paying said debts, except by the sale of 
 the real estate of the said deceased — They further state that 
 said Early died seized of the West half of the South East quarter 
 of Section Six, eighty acres ; the South West quarter Section 
 Six, one hundred and thirty acres; The North West quarter of 
 the North West quarter of Section Seven thirtytwo acres ; the 
 North East fractional part of the North East quarter of Section 
 Seventeen, eighteen acres and forty hundredths of an acre; all 
 in Township Nineteen North, of Range Eight West of the Third 
 Principal Meridian — and situated in the county of Menard & 
 state of Illinois — And also one undivided half of the East half 
 of the South West quarter of Section Twentytwo, in Township 
 Sixteen North of Range Four West of the Third principal meri- 
 dian — situated in the county of Sangamon — They further state 
 that said Early died, leaving his widow Catharine Early and 
 George N. Early, (then born,) and Jacob M. Early (since born) 
 infant children and heirs at law, all of whom your Petitioners 
 pray may be made parties to this petition and that James C. 
 Conkling be appointed guardian ad litem to the said infant de- 
 fendants — They further pray that your Honor will order them 
 to sell the said real estate, to oav the debts aforesaid — 
 
UNCOLLECTED WORKS OF LINCOLN 451 
 
 James F. Reed 
 Peter Rickard — 
 
 James F. Reed & 
 
 Peter Rickard 
 
 1 
 
 vs \- Petri to sell real estate — 
 
 Heirs of Jacob M. Early 
 Nov. T. 1839 
 Nov/ 39 
 
 The answer of James C. Conkling, guardian ad litem to 
 George N. Early and Jacob M. Early, infant heirs of Jacob M. 
 Early deceased, to the Petition of James F. Reed, and Peter 
 Rickard, to sell the real estate of said Jacob M. Early deceased — 
 
 This respondent for answer to said Petition, says that he 
 has examined said Petition and the papers therewith filed, and 
 that he knows of no reason consistent with the interest of the 
 said infant heirs, why the prayer of said Petition should not be 
 granted — 
 
 Jas C. Conkling 
 
 CARMAN VS. GLASCOCK: NOTES FOR ARGUMENT 
 
 NOVEMBER [?], 1839 
 1st Prove that River is declared navigable — 
 2nd That defendants obstructed it in Sangamon county and be- 
 tween mouth and meridian line — 
 3rd That plaintiffs had a boat load of corn on the river above 
 the dam ; that said boat ran on the dam, 
 
 1 Sprang a leak — corn wet thereby — amt of damage — 
 
 2 Could'nt get off without unloading — 
 
 3 Water falling & boat would break if not eot off — 
 
 4 Did unload — corn got rained on & amount of damage 
 thereby 
 
 Amount of labor in unloading & reloading and the value 
 of it— 
 11 hands 2 days— 22$ 
 175 bushels of corn at Z7y 2 
 3 
 
 8.525.65 65.62J^ 
 
 48 22.00 
 
452 UNCOLLECTED WORKS OF LINCOLN 
 
 45 87.62^ 
 
 Carman 
 vs. 
 Glascock 
 [1839] 
 
 COMPLAINT IN THE SUIT OF FOUCH VS. THOMAS 
 
 ET AL, SANGAMON CIRCUIT COURT, 
 
 NOVEMBER, 1839. 
 
 ( Herndon- Weik Collection ) 
 
 This document was penned by Attorney Lincoln. There is 
 a slight variation in usage, for he writes, "so to do" as the words, 
 "so todo," a difference from running the three words together 
 or separating them in modern usage. The complaint of Fouch 
 is the only known evidence of his participation in an interesting 
 case. Future research may unearth a case history, but it is non- 
 existent at present. 
 
 State of Illinois ] Of the November term of 
 
 Sangamon county \ ss of the circuit court of 
 
 and circuit J said county A. D. 1839— 
 
 John Fouch, plaintiff, complains of Wesley Thomas, Andrew 
 Scott, and William Underwood, defendants, being in custody &c 
 of a plea of Trespass on the case upon promises: For that 
 whereas the said defendants, heretofore, towit, on the fifteenth 
 day of March in the year of our Lord one thousand eight hun- 
 dred and thirtynine at Berlin. Illinois, towit at the county & 
 circuit aforesaid, made their certain promissory note in writing 
 (said Underwood signing his name thereto "Wm. Underwood") 
 bearing date the day and year aforesaid, and thereby then and 
 there, the first as principal, and the others as securities, promised 
 to pay one day after the date thereof to the said plaintiff, the 
 sum of Three hundred dollars with interest at the rate of twelve 
 per cent per annum, and then and there delivered the said promis- 
 sory note to the said plaintiff; by means whereof, and by force 
 of the statute in such case made and provided the said defendants 
 then and there became liable to pay to the said plaintiff the said 
 sum of money together with interest in the said promissory note 
 specified according to the tenor and effect of the said promissory 
 note; and being so liable, they, the defendants afterwards towit, 
 on the day and year & at the place aforesaid undertook, and then 
 faithfully promised the said plaintiff to pay him the said sum 
 
UNCOLLECTED WORKS OF LINCOLN 453 
 
 of money together with interest, in the said promissory note 
 specified, according to the tenor & effect thereof — Yet the said 
 defendants (although often requested so todo) have not as yet 
 paid to the said plaintiff the said sum of money in the said 
 promissory note specified or any part thereof, but so to do hath 
 hitherto wholly neglected and refused, and still do neglect and 
 refuse: To the damage of the said plaintiff of the sum of five 
 hundred dollars, and therefore he sues &c 
 
 Stuart & Lincoln p q. 
 
 (Copy of the note sued on) 
 
 "Berlin Illinois March 15th 1839 
 
 One day after date we the undersigned, the first as principal 
 
 and the other as securities, promise to pay John Fouch Three 
 
 hundred dollars with interest at the rate of twelve per cent per 
 
 annum. 
 
 Wesley Thomas 
 Andrew Scott 
 Wm. Underwood" 
 
 SUPPLEMENTAL BILL IN THE SUIT OF SPEAR VS. 
 NEWTON, SANGAMON CIRCUIT COURT, 
 DECEMBER 3, 1839. 
 (Herndon-Weik Collection) 
 With the exception of Clerk Butler's notation of the with- 
 drawal of the bill from the papers, this supplemental bill and 
 cover notations were drawn by Mr. Lincoln. The date given by 
 Butler places the document as of the year 1839. The withdrawal 
 was probably made from the newspapers which published the bill. 
 The defendant filed his demurrer to the supplemental bill, August, 
 1840. Mr. Lincoln spelled "operation" as "opperation", an error 
 characterised by a student of his legal documents "as one of his 
 few mistakes in spelling!' It is curious that "begining" was over- 
 looked, for he used it twice, as he did in almost every survey and 
 legal document containing survey reports which he penned from 
 1837 to 1841. The legal papers will never dispel any of the great 
 qualities of Mr. Lincoln, but a complete check of the errors in 
 spelling, might cause a reasonable doubt as to his capacity in the 
 field of spelling, as viewed in terms of fixed and formal methods. 
 As seen from the content of the supplemental bill, suit was in- 
 stituted on June 25, 1839. On July 18, 1839, the defendant was 
 ruled to answer, and I. S. Britton appointed as auditor in the 
 case. The auditor was a judicial listener, and today, as in Massa- 
 
454 UNCOLLECTED WORKS OF LINCOLN 
 
 chusetts, it was his duty to take accounts in the case and report 
 to the coMrt. On August 1, 1840, the defendant moved that the 
 supplemental bill be dismissed and filed his reasons. The court 
 overruled the motion of the defendant, whereupon he filed his bill 
 of exceptions. On November 14, 1840, the court ordered Britton 
 to pay $820.39 to David Spear and $350.00 to the defendant's 
 plea. The court heard the case on November 30, 1841. In the 
 case of Spear vs. Newton & Lewis, the court sustained Mr, Lin- 
 coln's demurrer to the defendant's plea. The court heard the 
 case on November 30, 1841 ; awarded the plaintiff $75.00, and 
 granted an appeal to the Supreme Court. At last, on December 
 2, 1841, the case of Spear vs. Newton was ordered stricken from 
 the docket. As the defendants in Spear vs. Newton & Lewis 
 had been granted an appeal to the Supreme Court of Illinois, it 
 was no doubt for this reason that the case was stricken from the 
 court record. It wckild seem that Spear vs. Newton and Spear 
 vs. Newton & Lewis were one and the same case, or parts of it. 
 To the Honorable the Judge of the Sangamon 
 circuit court in Chancery sitting — 
 
 Humbly complaining sheweth unto your Honor, your orator 
 David Spear, that he as the administrator of the estate of Thomas 
 J. Luster, filed a Bill in chancery in this court against Joel New- 
 ton, on the 25th day of June 1839 — He now alleges that the 
 allegations of said bill are true. He further states that said de- 
 fendant has filed his answer to said Bill, in which he alleges that 
 the terms upon which he entered into partnership with your 
 orator's intestate, were, that said intestate sold to him one half 
 of certain lands, which are of the description following, towit. 
 
 The West part of the North East fractional half of Section 
 Five, in Township Sixteen North of Range Four West. 141 
 acres — the South part of the North East fractional quarter of 
 Section Six, same Township and Range 31 acres — A part of 
 the South East fractional quarter of Section Six, in the same 
 Township and Range & bounded as follows, towit: 
 
 Begining at the North East corner of said fractional quarter 
 at a point on the Sangamon River thence South 50 poles ; thence 
 West 40 poles; thence North 52 poles; to the East & West sec- 
 tion line, thence East with said line 38 poles to the River; thence 
 with the River to the begining 23. acres, ten acres bought of 
 Solomon Blue — North East fourth of the North East quarter 
 of Section Seven, same township & Range; 40 acres; Sixteen 
 acres off the South part of the North East fractional quarter of 
 
UNCOLLECTED WORKS OF LINCOLN 455 
 
 Section One in Township # Sixteen North of Range Five 
 West — A part of the South part of the North East fractional 
 quarter of Section Six, Township Sixteen North of Range Four 
 West 20 acres — South West fourth of the South West quarter 
 of Section Six same Township & Range last mentioned. 40 
 acres — West part of the South East fractional quarter of Sec- 
 tion Five in same Township & Range 105 50/100 — for which he 
 was to pay twenty five hundred dollars, to said intestate, that a 
 saw mill was to be erected on said land at the equal cost of the 
 parties, to be run by said Newton at five hundred dollars, per 
 year, that the profits of said mill were to be divided equally be- 
 tween said parties, and that the said Newton was to pay the 
 aforesaid twentyfive hundred dollars out of his half of the profits 
 of said mill — Said answer alleges that said mill was put in 
 opperation on the first of May 1838, and admits that said in- 
 testate advanced to said Newton the sum of $1638 — Now may 
 it please your Honor although, by the said Newton's own show- 
 ing the said saw mill has been running for more than a year and 
 a half, said Newton has as yet paid nothing, either to the said 
 Luster or to any of his representatives, either on the said twenty- 
 five hundred dollars due for said land, or on said Luster's part 
 of the profits of said mill — Your orator further states that he 
 believes said Newton to be insolvent, and wholly unable to pay 
 the other just debts due by him — that he continues to run said 
 mill and to cut and use timber off the aforesaid land, both for 
 lumber, and fuel for said mill, the same being a steam mill — that 
 in consequence of the said running of said mill, the same is con- 
 tinually being worn, and is in great danger of being worn out & 
 rendered wholly valueless, and of being burned down, to the 
 great damage of your said orator in his said character & capacity 
 of administrator — that in consequence of the said cutting of 
 timber, the said land is daily decreasing in value, and, unless the 
 same be stopped, will soon be almost entirely valueless, it being 
 of but little value but for the timber — 
 
 In tender consideration of all which, your orator prays that 
 an injunction may issue, restraining said Newton from further 
 running said mill, and from cutting any more timber on the land 
 aforesaid — He further prays that the partnership between his 
 intestate and said Newton be dissolved, and said Newton com- 
 pelled to deliver over to said Receiver, all property belonging to 
 said copartnership, and all books papers, and evidences of debts 
 due the same, and that said debts be collected, and said property 
 
456 UNCOLLECTED WORKS OF LINCOLN 
 
 sold, by said Receiver, and that from the proceeds of the same, 
 all that is fairly due your orator in his aforesaid capacity of 
 administrator, be paid over to him and that said receiver be 
 authorized to rent out said mill & the dwelling house & coal bank 
 on said land — He further prays that said Newton be compelled 
 to account with your orator for all waste done upon the land 
 aforesaid, and for reasonable rent of the said mill — 
 
 He further prays that said Newton be enjoined and re- 
 strained from collecting any debt due said copartnership, or for 
 any lumber made at saw mill — 
 
 Your orator states that the legal title to said land rests in 
 him — your orator — in his individual capacity 
 
 Your orator further states that his intestate, died leaving 
 the following named heirs at law, towit Sarah Luster, since mar- 
 ried to one Dr Ann Sherrill, Thomas M. Luster and Perrin D. 
 Luster — whom he prays may be made parties to this Bill — He 
 prays that such other further relief be granted, as equity may re- 
 quire, and as in duty bound &c. 
 Sworn to before me 
 this 3d day Deer 1839 
 
 Wm Butler Clk 
 David Spear 
 
 i 
 
 vs }- Sup. Bill 
 
 Joel Newton 
 Withdrawn from 
 Papers July 31. 1840 
 Wm Butler Clk 
 
 MR. LINCOLN SPEAKS ON KERR-LOVE CONTEST 
 
 FOR SEAT IN THE HOUSE OF REPRESENTATIVES, 
 
 DECEMBER 9, 1839. 
 
 The Illinois Legislature met in Springfield for the first time 
 on December 9, 1839, the House, of which Mr. Lincoln was the 
 Whig leader, convening in the Second Presbyterian Church. One 
 of the first matters to claim the attention of the House was the 
 rival claims to a seat of Oscar Love and Richard Kerr of Pike. 
 The report of the ensuing debate is from the Alton Telegraph of 
 December 21. In the evening Mr. Lincoln attended a meeting of 
 the Springfield town board, of zvhich he had been chosen a mem- 
 ber on June 21, 1839, to succeed Samuel H. Treat. Discussion of 
 
UNCOLLECTED WORKS OF LINCOLN 457 
 
 the Kerr-Love contest was continued by the House on December 
 16, when Love lost his seat by a tie vote, much to the satisfaction 
 of Mr. Lincoln and his fellow Whig members. 
 
 Several members elected to fill vacancies appeared. Among 
 them Mr. Love presented a certificate of his election from Pike 
 County to succeed Richard Kerr. Williams of Adams moved 
 that the case be referred to the Committee on Elections, with 
 instructions to enquire whether Mr. Kerr had vacated his seat 
 or not. Kerr had told him he had not resigned. 
 
 Resn agreed to and Mr. Love retired. 
 
 Shortly afterwards, Mr. Walker of Vermilion, moved to 
 reconsider the vote upon the resolution. 
 
 Upon this motion an animated debate took place, in which 
 Messrs. Walker of Vermilion, Happy, English, Carpenter, Fick- 
 lin and R. Smith, supported the motion, and Messrs, Williams, 
 Webb, Marshall, Lincoln and others opposed it. 
 
 SUIT OF DAVID BAILEY VS. THE ADMINISTRATORS 
 
 OF NATHAN CROMWELL, DECEASED, APPEAL 
 
 FROM TAZEWELL TO THE ILLINOIS SUPREME 
 
 COURT, DECEMBER 9, 1839. 
 
 ( Herndon-Weik Collection) 
 
 The document here reproduced, beginning with the words 
 "David Bailey appelant" and ending with the signature "Lin- 
 coln p-q" was written by Lawyer Lincoln. The rest of the docu- 
 ment is in the hands of Stephen T. Logan and Duncan, clerk of 
 the court. This appeal from Tazewell began one of the more im- 
 portant cases which Mr. Lincoln tried before the Supreme Court 
 of Illinois during his early years at the bar. Stephen T. Logan 
 appeared for the appellees, and Mr. Lincoln alone for the appel- 
 lant securing a reversal of the Circuit Court in a decision after- 
 ward cited in both state and federal courts. In accordance with 
 the contention of Mr. Lincoln, the court held "that it was pre- 
 sumption of law in the State of Illinois that every person is free 
 without regard to color; that where the consideration of a promis- 
 sory note was shown to have been the sale of a negro girl, and 
 that at the time of the sale it was agreed between the parties that, 
 before payment of the note shoidd be demanded, the payee should 
 produce the necessary papers and indenture to prove that the girl 
 was a slave or bound to service under the laws of the State of 
 Illinois, and such papers were not produced though demanded, 
 
458 UNCOLLECTED WORKS OF LINCOLN 
 
 that there was no consideration for the note and that it was void, 
 as the sale of a free person was illegal." See "Abraham Lincoln; 
 The Lawyer Statesman" by John T. Richards, Boston, 1916, 
 Page 208. 
 David Bailey appelant 
 
 vs. 
 The administrators of \ Appeal from Tazewell — 
 Nathan Cromwell 
 deceased — appellees 
 
 And now comes the appellant, and says that in the Record 
 and proceedings in the cause aforesaid, there is manifest error 
 in this, towit: 
 
 1st That the court below erred in sustaining the Demurrer 
 to the fourth plea — 
 
 2nd That the said court erred in giving judgment for the 
 plaintiffs below on the issues and evidence submitted — 
 
 Lincoln p- q- 
 
 And the said appellee denies that there is any such error — 
 nor any others: 
 
 Logan for appellee 
 Administrators of 
 Nathan Cromwell 
 
 ads 
 David Bailey 
 
 Transcript 
 
 192 
 Filed Deer. 9. 1839 
 J. M. Duncan ck 
 Jim Matheny D C. 
 Fee for Transcript $7.04 
 Certificate and Seal 50 
 
 $7 54 
 
 BILLS INTRODUCED BY MR. LINCOLN IN THE 
 HOUSE, DECEMBER 10, 1839, AND LATER. 
 On December 10, 1839, the rule of the House on Mr. Lin- 
 coln's motion was dispensed with and he introduced a bill au- 
 thorizing the collectors of an unnamed county "to collect all taxes 
 now due." The bill was read twice and on his motion referred 
 to a committee of three. On the same day Mr. Lincoln intro- 
 duced a bill for "an act relative to the taking of depositions and 
 
UNCOLLECTED WORKS OF LINCOLN 459 
 
 to the Collector of Menard County." Both of these bills are here 
 reproduced. It may also be noted in passing that on December 
 10, 1839, John Calhoun, whom Mr. Lincoln had served as deputy 
 county surveyor, was elected clerk of the House. Mr. Lincoln, 
 however, voted for Andrew Johnston, with whom he was to con- 
 duct an interesting correspondence in later years. 
 
 A Bill for an act to authorize the Collector of 
 county to collect certain taxes therein named — 
 
 Be it enacted by the people of the state of Illinois repre- 
 sented in the (General Assembly) that the collector of 
 county be authorized to collect all taxes now due from the in- 
 habitants of that portion of Sangamon count lying within the 
 following bounds to wit Beginning at the South West corner of 
 Section Three in Township Seventeen North of Range Six West 
 thence North four miles by the surveys, thence East with the 
 surveys ten miles thence South with the surveys two miles thence 
 West with the surveys nine miles thence South with the surveys 
 two miles, thence West with the surveys one mile to the begining. 
 
 A bill for an act relative to the taking of depositions, and to 
 the Collector of Menard county — 
 
 Be it enacted by the People of the State of Illinois, repre- 
 sented in the General Assembly That hereafter in any suit at 
 law or in Equity wherein the defendant or defendants shall re- 
 side without the limits of this state, or shall have gone without 
 the limits of this state with the intention of removing himself 
 or themselves, or his or their personal property and effects with- 
 out the limits of the same, and shall have no attorney known to 
 the plaintiff or complainant within the limits of this state, it shall 
 be lawful for the plaintiff or complainant in such suit to take 
 depositions to be used in the same, in the same manner, as is 
 now provided by law, excepting that the notice now required 
 by law to be served on such defendant or defendants shall not 
 be required to be given; Provided that in every such case the 
 plaintiff or complainant shall, before taking such deposition, file 
 with the clerk of the court wherein such suit shall be depending 
 the affidavit of himself or some other credible person, stating 
 that he verily believes that said defendant or defendants resides 
 without the limits of this state, or has gone beyond the limits 
 of this state with the intention of removing himself or his per- 
 sonal property or effects beyond the limits of the same, and has 
 no known attorney residing in this state 
 
460 UNCOLLECTED WORKS OF LINCOLN 
 
 Sec. 2nd That the collector of Menard county be authorized 
 to collect all taxes now due for the year 1839 from the in- 
 habitants of or on real estate situated within that portion of 
 Sangamon county, which lies within the following boundaries, 
 towit, Beginning at the South West corner of Section Three in 
 Township Seventeen North of Range Six West, thence North 
 four miles by the surveys ; thence East ten miles by the surveys ; 
 thence South two miles by the surveys; thence West nine miles 
 by the surveys; thence South two miles by the surveys; thence 
 West one mile by the surveys to the beginning. 
 
 Sec. 3rd That said collection shall be made in accordance 
 with the assessment heretofore made under the authority of 
 Menard county; and said collector shall pay over the state reve- 
 nue collected in said district to the state as in other cases; and 
 shall pay one half collected therefrom for county purposes into 
 the county Treasury of Sangamon county, and the other half, 
 into the county Treasury of Menard county — 
 
 RESOLUTIONS OFFERED BY MR. LINCOLN AND 
 
 ADOPTED AT A WHIG MEETING IN SPRINGFIELD, 
 
 DECEMBER 11, 1839. 
 
 Aside from his responsibilities] as Whig leader in the lower 
 branch of the Illinois Legislature the last weeks of 1839 held 
 much of interest for politic ally -minded Abraham Lincoln. No 
 doubt near the end of November he read in the Louisville Jour- 
 nal that a section of the Abolitionists had organized the Liberty 
 Party pledged to immediate emancipation and named James G. 
 Birney as its candidate for the Presidency — a diversion which 
 four years later, when Clay was their nominee, was to spell de- 
 feat for the Whigs. On December 6, 1839, Harrison, as stated 
 elsewhere, was made the choice of the Whig national convention. 
 
 Meanwhile party lines were becoming tightly drawn in Illi- 
 nois and the Whigs following reluctantly the example set 
 them by their Democratic rivals, adopted the convention system 
 in state and county and set up a central committee to operate the 
 party machinery. This committee, composed almost entirely of 
 Springfield men, called a convention to meet in that tozvn on De- 
 cember 11, 1839, a day after a like assembly by the Democrats, 
 and to this body following a round of speeches by Baker, Brown- 
 ing and others, Mr. Lincoln offered a preamble and resolutions 
 which had prompt and unanimous adoption, but which until the 
 present time have failed to find a place in collections of his writ- 
 
UNCOLLECTED WORKS OF LINCOLN 461 
 
 ings. It may be noted that the Democrats did not accept the 
 invitation Mr. Lincoln held out to them; also that in the after- 
 noon of December 11, 1839, he attended a meeting of the town 
 trustees of Springfield and voted for a resolution granting li- 
 censes to applicants to keep "groceries" for two months, each p 
 applicant giving bond and paying a fee of $50. 
 
 Whereas, The Van Buren State Convention, which ad- 
 journed on the 10th inst., passed various resolutions denouncing 
 Whig individuals, Whig policy, and the Whig party in general. 
 
 Therefore. 
 
 Resolved, That every member of that Convention, who in- 
 troduced any such resolution, or resolutions, or any amendment 
 thereto, be respectfully requested to bring the same, or a correct 
 copy thereof, into this Hall, and to attempt to sustain it by facts 
 and arguments. 
 
 Resolved, That on the discussion of said resolutions, we 
 will meet their authors, man for man, and speech for speech, 
 in order that the public may see with whom are the facts, and 
 with whom the arguments. 
 
 Resolved, That for the purpose of discussing said resolu- 
 tions, we will meet their authors on tomorrow evening at 7 
 o'clock p.m. in this Hall, or at any other time and place that may 
 better suit their convenience. 
 
 MR. LINCOLN SUBMITS TO THE HOUSE A PETITION 
 TO VACATE PART OF BENNETT'S ADDITION TO 
 THE TOWN OF PETERSBURG, 
 DECEMBER W, 1839. 
 John Bennett, Lincoln's old friend of New Salem days, early 
 in the history of Petersburg laid out an addition to that town 
 bearing his name. Lots apparently did not sell as readily as Ben- 
 nett had anticipated and so on December 17, 1839, Mr. Lincoln 
 wrote and signed for him a petition to the Legislature praying 
 vacation of a part of the addition. This petition was referred to 
 a House committee of which Mr. Lincoln was made chairman, 
 and in due course its favorable report was approved by the Legis- 
 lature, the Senate adding to the title of the act, House Bill No. 
 58, "and for the assessment and collection of taxes in certain 
 counties" It is also to be noted that in the evening of the day 
 in which Mr. Lincoln lent a helping hand to an over-hopeful 
 promoter he also served as one of the managers of a cotillion at 
 the American House, which Elijah lies had built the previous 
 
 )G 
 
\ 
 
 462 UNCOLLECTED WORKS OF LINCOLN 
 
 year and which the people of Springfield proudly proclaimed the 
 "most imposing structure of its kind west of the Alleghenies." 
 
 A Bill for an act to vacate a part of the town plat of Ben- 
 nett's addition to the town of Petersburg. 
 
 Be it enacted by the people of the state of Illinois repre- 
 sented in the General Assembly that the town plat for Blocks 
 numbered two, three, four and five, in Bennett's Addition to the 
 town of Petersburg, be vacated, Provided that this act shall be 
 null and void as against any individual proprietor or proprietors 
 (if any such there be) of the part of said town hereby proposed 
 to be vacated. 
 
 And be it further enacted that it shall be the duty of the 
 county commissioners courts of the counties of Green and 
 to assess a tax for state purposes for the year 1840 which tax 
 shall be thirty cents upon every hundred dollars worth of taxable 
 property and shall be assessed and collected in the same manner 
 and paid into the State treasury at the time and under the same 
 conditions as other State taxes are. 
 
 Sec. The auditor of Public accounts at the next session of 
 the General Assembly shall report the amount of taxes which 
 may have been assessed during the year 1840 in the said counties 
 under the provisions of the foregoing Section and compute ac- 
 cording to the best data in his possession the difference between 
 the amount of taxes assessed during the said year and the 
 amount of the taxes which under the provisions of the act con- 
 cerning Public Revenue in force Feb 26 1839 should have been 
 assessed during the years 1839 and 1840. The provisions of this 
 Bill shall apply to all the counties in this state which have failed 
 to make an assessment & collection of taxes for the year 1839. 
 
 The Petition of John Bennett praying the vacation of the 
 plat of part of Bennett's addition to the town of Petersburg 
 
 Lincoln 
 Dawson 
 Gilham 
 Amd. adopted by 
 Senate Jany 30th 
 1840 
 
 B. B. 
 Secy 
 
 MR. LINCOLN PROPOSES AMENDMENT TO A 
 
 PENDING LIQUOR BILL, DECEMBER 28, 1839 
 According to the House Journal for 1839-40 on December 
 
UNCOLLECTED WORKS OF LINCOLN 463 
 
 26, 1839 Mr. Lincoln proposed the amendment set forth below 
 to the liquor bill then pending before that body. Better remem- 
 bered is the speech Mr. Lincoln had delivered six nights before 
 on the political issues then absorbing public attention, in particidar 
 Van Buren's proposed sub-treasury system. This speech climaxed 
 a series of debates betzveen Whig and Democratic contenders 
 which took place between December 14 and 20, 1839, Douglas, 
 Calhoun and Lamborn speaking for the Van Buren Administra- 
 tion, and Logan, Baker and Lincoln for the Whigs. The address 
 prepared with meticulous care by Mr. Lincoln, and again re- 
 vised for publication was repeated in substance in the more than 
 half a hundred speeches which he delivered during the presidential 
 campaign of 1840, and may be fairly accounted its author's 
 ablest and most effective effort up to that time. And it zvon him 
 a statewide reputation as a Whig leader from whom great things 
 were to be expected in the future. 
 
 Mr. Webb from the committee on the Judiciary, to whom 
 was referred "A bill for an act to repeal an act, entitled 'An 
 act, regulating tavern and grocery license, and for other pur- 
 poses; reported a substitute for the bill entitled 'A bill for an 
 act concerning groceries', and recommended its passage. Mr. 
 Henry moved to amend the report by striking out one quart 
 wherever it occurs in the report ; which was not agreed to. Mr. 
 Lincoln moved to amend the report by striking out the third 
 section, and the words 'and trustees of incorporated towns/ when- 
 ever they occur in the report; which was agreed to. 
 
 tyK 
 
CHAPTER XI— MR. LINCOLN IN THE YEAR 1840 
 SURVEY OF PERIOD 
 
 The year 1840 in which fell his thirty-second birthday was 
 for Abraham Lincoln another period of steady advance at the bar 
 and in political affairs^ Its opening days found him occupied 
 with his duties as leader of the Whigs in the popular branch of 
 the State Legislature which, as already recorded, had met in 
 Springfield for the first time on October 19, 1839; and also ap- 
 pealing to John T. Stuart, his law partner then in Congress, to 
 bring his proposal for Illinois to buy all public lands in the state 
 for twenty-five cents an acre to 'the attention of Jo\hn C. Cal- 
 houn — an appeal which proved a fruitless one. 
 
 The long session of the Legislature which did not adjourn 
 until February 3, 1840, was afterward described by Governor 
 Ford as full of (f bitterness and personal hatred/' National politics 
 had little if any part in its discussions. Instead the first and chief 
 concern of its members was how to rescue the state from the 
 "financial quick sands in which it had sunk deeply and was still 
 sinking.'' One remedy was set forth in a series of scathing reso 1 
 lutions offered in the House by Wyatt B. Stapp which declared 
 that a costly system of internal improvements had been imposed 
 upon the people without their knowledge or consent, bringing 
 "ruin and desolation" in its train, and moved repeal of the law 
 which had brought it into being. Thirty-nine members voted with 
 Stapp far its repeal, and the law was saved by an opposing ma- 
 jority of only three, one of whom was Mr. Lincoln. 
 
 The fight thus begun continued until the end of the session. 
 Party lines were for the moment lost sight of, and resolution 
 followed resolution, attended in each instance by prolonged and 
 angry debate. Now and then Mr. Lincoln failed to vote on a 
 particular resolution, and his recorded votes reveal a confused 
 state of mind, although he did not falter in his support of a sys- 
 tem of which he had been one of the creators. After weeks of 
 futile debate, and equally futile balloting, the doctor father of 
 John A. Logan, then a member from Jackson county, moved that, 
 as the House appeared inclined to break down the internal im- 
 provement system at the expense of the State and its banks, this 
 when no proof of corruption was before it, that body should give 
 instant and exclusive attention to the subjects of banks and im- 
 provements and adjourn on February 3. Dr. Logan's demand was 
 
UNCOLLECTED WORKS OF LINCOLN 465 
 
 not formally approved by the House, but it spurred that body to 
 action, and on February 1 it enacted a law which abolished the old 
 and created a new Board of Public Works and one Fund Com- 
 missioner instead of the existing board. 
 
 Mr. Lincoln's chief concern during a troubled session, how- 
 ever, was the affairs of the State Bank at Springfield, threatened 
 with a loss of its charter. "The Legislature!' he wrote Stuart in 
 the closing days of 1839, "has suffered the bank to forfeit its 
 charter without benefit of clergy," adding "there seems to be little 
 disposition to resuscitate it." These fears proved without foun- 
 dation. In the end, Mr. Lincoln, laboring with skill and tact for 
 the bank, a new law was passed by the Legislature, which set 
 aside forfeiture of its charter for refusing specie payments, re- 
 newed that charter, and "suspended" the laws which forbade the 
 Bank's continuing in business. Moreover, the restrictions now 
 placed on conduct of its affairs, restrictions for which Mr. Lin- 
 coln voted, were sane and salutary ones. Mr. Lincoln likewise 
 helped in the passage of measures which assured continuance of 
 work on the Illinois and Michigan Canal, and temporary settle- 
 ment of the internal improvement debts. 
 
 He was also a member of a select committee chosen to pre- 
 pare and report a bill for the reincorporation of the tozvn of 
 Springfield, which bill became a law just before adjournment — 
 "another strand binding Springfield more firmly to the ambitious 
 young politician and lawyer" ; and he took an active and effective 
 part in the shaping of new and more equitable liquor legislation 
 for the state. Bills of individual members dealing with this de- 
 bated subject were duly referred to the House ludiciary Com- 
 mittee, headed by Mr. Lincoln's friend Edwin B. Webb, which 
 in the last days of December, 1839, reported a substitute for them. 
 This substitute provided that a high license fee should be exacted 
 from all liquor dealers, and for a period of weeks provoked a 
 keen and angry discussion in which Mr. Lincoln, who seconded 
 another friend, Edward D. Baker, in hearty support of the bill, 
 was now and again a leading participant. An amendment offered 
 by him giving county commissioners sole power in the granting 
 of licenses was agreed to without a vote, and his was one of the 
 fifty -two ayes to twenty-nine nays which assured final passage 
 of the bill. 
 
 The session of the Legislature ended, Mr. Lincoln plunged 
 into one of the most noisy and picturesque presidential campaigns 
 in our history. The Whigs, on the plea of availability, had put 
 
466 UNCOLLECTED WORKS OF LINCOLN 
 
 aside Clay for Harrison, but they had adopted no platform, agree- 
 ing only in hostility to Van Buren and his party. Daniel Webster 
 wrote of his own party "as made up of different opinions and 
 principles, of gentlemen of every political complexion, uniting to 
 make a change in the administration." But the Whigs felt that 
 they were on the way to a resounding triumph at the polls, and 
 after a brief speaking trip in western Massachusetts and Ver- 
 mont, Webster in early July reported to a friend: "The general 
 spirit where I have been is extraordinary, marvelous, unprece- 
 dented. We are on the high road to the greatest civil revolution 
 ever yet achieved in this country" 
 
 Young Mr. Lincoln shared in the confidence of { the great 
 Whig leader, fanned as it was by volcanic, volatile, and noisy 
 eruptions of not always intelligent sentiment. The story of the 
 speeches he made in all parts of Illinois is set forth at length on 
 later pages. He also found time to play a shaping part in the 
 "monster" Whig demonstration which took place in Springfield 
 on June 4, 1840 — "We never before saw such an exhibition of 
 humbug" wrote one Democratic editor; — helped to edit a party 
 paper called The Old Soldier, and led in thoroughly organizing 
 the Whig electorate county by county. "I have never seen the 
 prospects of our party so bright in these parts as they are now" 
 he wrote his partner at Washington. The result of the election 
 confirmed his confidence. Thanks to the dexterity and resource- 
 fulness of which Stephen A. Douglas was to give so many proofs 
 m later years, the Democrats carried Illinois, but the Whigs 
 triumphed in the nation, and Harrison secured 234 out of 294 
 electoral votes — only to be claimed by death soon after he took 
 office and to be succeeded by John Tyler, by birth and inclining 
 a states right Democrat of the first order. 
 
 Called by Governor Carlin two weeks in advance of the regu- 
 lar date the Illinois Legislature assembled on November 23 for 
 the last session of that body which Mr. Lincoln, who had been 
 reelected earlier in the month, ever was to attend as a member. 
 The Democrats had a majority in both branches of the Legis- 
 lature, but he again received his party's vote for speaker and was 
 its leader on the floor of the House, where, as the governor in- 
 formed its members, the task first in order was to find means for 
 paying the interest on the state debt falling due on January 1, 
 1841. There followed weeks of noisy wrangling and confusion, 
 and of unsatisfactory accomplishment, in which Mr. Lincoln and 
 his Whig associates in the House played an unavailing and 
 
UNCOLLECTED WORKS OF LINCOLN 467 
 
 more than once contradictory part. The result at the year's end 
 was the enactment of two brief laws which repealed the act for 
 the settlement of the internal improvement debts passed at the 
 previous session; directed the state treasurer to take charge of 
 all improvements, and called for the hypothecation of state bonds 
 to raise money for the payment of interest cm the improvement 
 debt. Governor Ford, to whom, called from his duties as a jus- 
 tice of the State Supreme Court, shortly fell the handling of an 
 impossible situation, bears angry and regretful witness to the 
 fact that after 1841 no further attempt was made to pay even 
 interest on the state debt and Illinois "became a stench in the 
 nostrils of the civilized world." 
 
 PROPOSED AMENDMENT BY MR. LINCOLN TO AN 
 ACT FOR THE RELIEF OF INCORPORATED 
 
 TOWNS, JANUARY, 1840. 
 The proposed amendment here reproduced was copied from 
 the original in Mr, Lincoln's hand. The House Journal for 1839- 
 40 shows that it was promptly tabled when submitted to thai 
 U 'fc body. 
 
 Strike out the second Section, and insert the following: 
 Sec. 2 The collector of said court shall pay over to the President 
 and Trustees of such incorporated town within his county one 
 half of the county tax collected by him off of property and per- 
 sonal within the limits of such incorporated town. 
 
 AMENDMENT TO THE PUBLIC REVENUE ACT 
 
 INTRODUCED BY MR. LINCOLN, 
 
 JANUARY 2, 1840 
 
 The paragraphs here reproduced were an amendment sub- 
 mitted by Mr. Lincoln on January 2, 1840, to the public revenue 
 act, which duly passed the House. They reveal Mr. Lincoln's 
 careful regard for the interests and welfare of veterans of the 
 Revolution. 
 
 That hereafter all Revolutionary pensioners within this state, 
 shall be permitted to loan all or any part of the money which 
 they may have acquired exclusively by means of their pensions, 
 without paying any tax whatever, therefor — 
 
 The assessors of the several counties within this state, shall 
 take the production of the regular pension certificate from the 
 War office of the United States as sufficient evidence that the 
 person therein shown to be a Revolutionary pensioner is a Revo- 
 
468 UNCOLLECTED WORKS OF LINCOLN 
 
 lutionary pensioner, and shall then take the statement upon honor 
 of such pensioner, as sufficient evidence of the facts whether he 
 has any money loaned other than that acquired by means of his 
 pension, and if so, how much, and on all other questions deemed 
 necessary and proper under this act — 
 
 BILL REPORTED BY MR. LINCOLN FOR A STATE 
 
 ROAD FROM PETERSBURG TO WAVERLY, 
 
 JANUARY 9, 1840 AND LATER 
 
 In the House on January 9, 1840, Mr, Lincoln, mindful of 
 the comfort and convenience of old friends in the New Salem 
 section, presented a petition of citizens of Sangamon and Men- 
 ard counties for a state road from Petersburg in Menard County 
 to Waverly in Morgan County. The petition on his motion was 
 referred to a select committee of himself and two others which 
 duly reported House Bill 117 here reproduced from the original 
 in Mr. Lincoln's handwriting. John B. Broadwell, one of the 
 commissioners who located this road, was a Sangamon Cottnty 
 pioneer, three of whose sons in later years served in the Union 
 Army. 
 
 A bill for an act to establish a state road from Petersburg 
 in Menard County to Waverly in Morgan County. 
 
 Sec; 1st. Be it enacted by the People of the State of Illinois 
 represented in the General Assembly : That John B. Broadwell, 
 John J. Lemon (some one has crossed out Lemon and written 
 in Franklin Minor) and Achilles Morris, be and they are here- 
 by appointed commissioners to view, mark, and locate a state 
 road from Petersburg in Menard County by way of John B. 
 "^ Broadwell's, Berlin, New Berlin and the railroad depot in Sang- 
 amon County to Waverly in Morgan bounty. 
 
 Sec; 2nd. , That said commissioners or a majority of them 
 shall meet i£_ Petersburg on the first Monday of March next, 
 or any time within sixty days thereafter- and after being first 
 duly sworn, shall proceed to locate said said ^sk) road, avoid- 
 ing as much as possible all injury to private property ^ 
 
 Sec* 3rd. That said commissioners shall make out a separate 
 report of so much of the location of said road as lies in each 
 of said counties, and file the same with the clerk of the county 
 commissioners court of the proper county, 
 
 Sec 4th. That said commissioners shall have such compensa- 
 tion out of the Treasuries of said counties as shall be just and 
 reasonable^. 
 
 xA 
 
 
 
UNCOLLECTED WORKS OF LINCOLN 
 
 469 
 
 UNIDENTIFIED AMENDMENT PROPOSED BY MR. 
 
 LINCOLN IN THE HOUSE, JANUARY, 1840 ( V v-Y3 
 %i c } This unidentified amendment proposed by Mr. Lincoln and 
 
 *\* in his handwriting may have had association with the recurring 
 
 W 
 
 
 bill for internal improvements discussed by the Legislature in 
 the first half of January, 1840. He remained a strong advocate 
 of the general system established in 1837, and when on January 
 28, 1840 a bill was passed repealing it he was one of those who 
 voted against it. Two day later he made an earnest but unavail- 
 ing appeal for reconsideration of this action. 
 
 Amend the eighth section by adding thereto the following 
 towit. 'nor upon any contracts except those existing at the pass- 
 age of this act.' 
 
 Provided that contracts which may be transferred from one 
 contractor to another without any change in their terms, shall not 
 be construed to be new contracts. 
 
 Provided that no more than five hundred thuosand dollars 
 of said certificates shall at any one time be outstanding. 
 
 PROTEST SIGNED BY MR. LINCOLN AGAINST THE 
 
 HOUSE'S REFUSAL TO IMPEACH JUDGE 
 
 JOHN PEARSON, JANUARY 11, 1840 
 
 Subjects of sharp discussion in Northern Illinois at the close 
 of 1839 and the opening of 1840 were the alleged misconduct of 
 Judge John Pearson of Chicago and the attempt by members of 
 the bar of that city to secure his removal from the bench. It was 
 alleged that as judge he had failed to heed a mandamus issued 
 by the Illinois Supreme Court and at Springfield the House on 
 January 6, 1840, devoted the day to debate on the request for 
 his impeachment. In the end the House refused to impeach Pear- 
 son, and on January 17, thirty-two members, a majority of them 
 Whigs, signed a stinging protest against its action. Mr. Lincoln, 
 who was greatly interested in an affair charged with the partisan 
 animosities of Whigs and Democrats, is believed to have had a 
 hand in the framing of this protest, set forth below. After his 
 name, the last on the list, he wrote, with characteristic caution, 
 '(True .as I believei' 
 
 The undersigned Members of the House have seen with 
 unalloyed regret the decision of this House, in favor of the re- 
 solution against impeaching John Pearson, Judge 7th Judicial 
 Circuit justly professed against him, 
 
 r 
 
470 UNCOLLECTED WORKS OF LINCOLN 
 
 Those charges were of a high and grave character, and 
 as evidence that they were so considered by the house it will be 
 seen that the house resolved by a very large majority to hear the 
 proof relied upon to sustain them. 
 
 That proof has been heard — it has not only contended to 
 sustain but is has established by the highest grade of testimony 
 every specification alleged against the respondent. Nor is there 
 one fact stated in those specifications which has not been proved 
 either by the records of the Circuit Courts or the oaths of the 
 Two respectable and intelligent witnesses — And we here embody 
 in this protest some of the facts thus established. It has been 
 proved, that John Pearson, Judge 7th Judicial Circuit, has vio- 
 lated the right of trial by jury, by refusing to permit the Counsel 
 for the prisoner a peremptory challenge to a juror his prescribed 
 number of Challenges not being exhausted — alleging as the 
 reason therefor, a rule of practice of the circuit which was 
 unrecognizable against the forms of the law, and the letter and 
 spirit of the Constitution, He has prevented an appeal from his 
 decisions to a higher tribunal, by refusing in numerous cases to 
 sign "bills of exceptions" containing a statement of his decision 
 and the testimony on which such decision was based, when he 
 as well as the counsel in whose favor he decided admitted these 
 statements to be true. And when the statutes of the state ex- 
 pressly making it his duty to sign such bills of exception have 
 been made to him he still persisted in his refusal, saying that 
 such statutes were but a "legislative flourish." 
 
 He has arrogated to himself the right of final decision sub- 
 ject to no appeal by refusing to hear and disobeying the process 
 of the Supreme Court of the State of Illinois, commanding him 
 to sign a bill of exception, thereby treating the mandates of the 
 superior court with contempt, and denying an appeal from the 
 tribunal over which he presided. 
 
 He has treated with Contempt and scorn the process of a 
 court of the United States, which he was bound to obey by re- 
 fusing to hear it and by treating it with utter neglect. 
 
 He has acted in an arbitrary and oppressive manner, by 
 threatening to punish counsel for presenting in a respectful man- 
 ner the process of the Supreme Court and the Circuit Court of 
 the US, and by actually punishing them for so doing, not once 
 only but repeatedly under the influence of passion and excite- 
 ment, thereby perverting the power placed as a sacred trust in 
 
UNCOLLECTED WORKS OF LINCOLN 471 
 
 his hands to the indulgence of personal feeling and private re- 
 sentment, 
 
 He has shown culpable ignorance of the law, by quashing 
 an indictment for the sole reason that the clerk had left out one 
 word in the copy delivered to the prisoner and by quashing 
 twenty indictments at one term for the single reason that the date 
 in the caption was in figures when the statute of the State, ex- 
 pressly directs the caption to be so written, thereby permitting 
 crime to have a free course, obstructing public justice, and de- 
 grading the character of the Judiciary in the eyes of the world. 
 
 These facts have been proved in the presence of this house, 
 and every candid observer will bear us witness that they have 
 received no darker coloring from our statement. And yet with 
 these startling facts fresh in the recollection of the House, it has 
 been solemnly decided by a majority in which was included every 
 number agreeing in political sentiments with the respondent that 
 they did not afford reason that the said John Pearson should be 
 impeached. The decision is final ; he is again to ascend the bench, 
 again to be entrusted with the "issues of life and death", again 
 to officiate not merely as minister of stern and impartial justice, 
 but as the representative of the majesty and dignity of the law, 
 
 To permit this result, without the formality of a trial, is in 
 our estimation dangerous, if not fatal, to the purity of the judicial 
 character. We have ever struggled to maintain the independence 
 of the judiciary, and to place it high above the assaults of party 
 violence and political feeling, but we have also desired to see 
 all judges, amenable to the law they are called upon to adminis- 
 ter, and subject to those restraints wisely provided for in the 
 practice of other countries and the constitution of our own. We 
 believe that in this case the authority of precedent, the usages 
 of the past and the dictates of the constitution have been alike 
 disregarded, and being firmly of opinion that the decision of this 
 house will tend to render our judges irresponsible, and to bring 
 our courts into contempt, to destroy the rights of individuals and 
 cast disrespect on the administration of public justice we there- 
 fore present, this remonstrance against the judgment of the house. 
 
 And if as citizens of the state rejoicing in her honor ,and 
 sorrowing in her shame, we shall find these predictions fulfilled, 
 and be compelled to look back to the action of this honorable 
 house as a source of judicial tyranny and apprehension, casting 
 a stain upon public character and bringing ruin to individual in- 
 terests, we at least desire, that all men may know that as we 
 
472 UNCOLLECTED WORKS OF LINCOLN 
 
 have not assented to the decision so we are not answerable for the 
 consequence. Wherefore against the resolution of this house de- 
 claring that the Hon P. Judge should not be impeached and 
 brought to trial, we do most respectfully but earnestly protest 
 
 C. B Baker 
 
 Archibald Williams 
 
 Jas. H. Murphy 
 
 Vital Jarrot 
 
 Saml. D. Marshall 
 
 Wm. H. Henderson 
 
 Richard Kerr 
 
 Joseph G. Bowman 
 
 Wyatt B. Stapp 
 
 Allen Emerson 
 
 Alexander Phillips 
 
 Robert McMullen 
 
 John J. Hardin 
 
 John W. Read 
 
 John Dawson 
 
 Wm. Orwell 
 
 Jesse K. Dubois 
 
 S. Dunn 
 
 James Craig 
 
 Alden Hull 
 
 James G. Cunningham 
 
 Rich W. Starr 
 
 Wm. F. Elkin 
 
 Germanicus Kent 
 
 John Henry 
 
 Andrew M. Emmick 
 
 Moses Harlan 
 
 Cheney Thomas 
 
 E. B. Webb 
 
 W. B. Archer 
 
 J. H. Lyons 
 
 A. Lincoln (True as I believe) 
 
 MR. LINCOLN PRESENTS THE PETITION OF SARAH 
 MARTIN FOR A DIVORCE, JANUARY 16, 1840 
 
 One of the clients of Stuart & Lincoln, in 1839 was Sarah 
 Martin who for good and sufficient reasons sought a divorce from 
 her husband, which at that time could only be secured zvith des- 
 
UNCOLLECTED WORKS OF LINCOLN 473 
 
 patch by action of the Legislature. Accordingly Mr. Lincoln 
 drafted the necessary petition, a document filled with human 
 touches of an intimate and revealing sort; had it signed by his 
 client, and on January 16, 1840 presented it to the Legislature. 
 There it was read and on Mr. Lincoln* s motion referred to a com- 
 mittee composed of himself and two friends. This committee on 
 January 25, reported the bill reproduced below, and in due course 
 the Legislature dissolved the bonds of matrimony between Na- 
 thaniel and Sarah Martin. One wonders what befell this much- 
 enduring wife in after years. 
 
 The petition of Sarah Martin late Sarah James to the Hon. 
 the Senate and House of Representatives of the State of Illinois 
 
 Your Petitioner 
 
 would humbly represent to your Honl. Bodies That previous to 
 the 30th day of October, 1839 She was living on the Premises 
 where her first husband had lived and where he died; That She 
 has the care support & education of two little boys confided to 
 her, the children of her deceased husband one of the age of 
 eight years and the other five — That by her care & industry she 
 would have been enabled to support herself and the two little 
 boys But that at the time first above named your Petitioner was 
 married to a man by the name of Nathaniel B. Martin who after 
 six days left her house without assigning any sufficient cause in- 
 tending as he said to go to Alton and St. Louis and then to re- 
 turn to carry on his business as Blacksmithing in the Town of 
 Springfield, and said he had rented a shop from Wm. Hinkle 
 for that Purpose all which has turned out to be a mere pretence. 
 He has never returned since and is now residing, as she is in- 
 formed, somewhere in the Iowa Territory. He has never even 
 written to her and moreover he owed when he left her a large 
 amount for some of his debts & she has been called on and great- 
 ly harassed. Her first husband was an industrious & practical 
 man as well as a Kind Husband and by his business of Black- 
 smithing supported his family decently and left a House and lot 
 and a Small personal estate. That all of his personal estate except 
 what was assigned to your petitioner as her dower has been ex- 
 pended for the ntrture & Education of her children. But your 
 petitioner would be assured that what she might in future earn 
 should be her own. She still believes she could by the helping of 
 Providence support herself and children and live in comparative 
 peace and comfort again. But this She thinks cannot possibly be 
 the case while She is bound by the Marriage relation to Said 
 
■ 
 
 474 UNCOLLECTED WORKS OF LINCOLN 
 
 Martin. That she has now no hopes that he will ever be a helper 
 but a hindrance to her in providing for her family She is sorry 
 to say that he has proved himself utterly unworthy of the con- 
 fidence she once reposed in him. Your petitioner would wait the 
 ordinary proof of the Law and obtain a divorce at the end of 
 two years On account of his absence But she feels that by so 
 doing She is hazarding her happiness and that of her children 
 and standing liable to have all her property taken by him and his 
 Creditors and thus become a wretched child of want cast on the 
 cold charity of a world too indifferent to the wants or the woes 
 of others. Your petitioner thinks she has learned a sufficient lesson 
 by this sad experience not again to hazard her happiness, her 
 property, her all by a similar act, but by a life of quiet industry 
 and domestic care to render herself worthy of the respect of her 
 neighbors and the regard of those whom she now Petitions. In 
 tender consideration of the Assembly She Prays that your Hon!. 
 Bodies will grant her a divorce from her husband the said Na- 
 thaniel B. Martin and thus restore to peace & comfort in some 
 degree one who is doubly a widow — And for this your Peti- 
 tioner will ever Pray &c 
 
 Sarah Martin 
 
 A bill for an act to dissolve the bonds of matrimony between 
 Nathaniel B. Martin, and Sarah Martin his wife — 
 
 Be it enacted by the people of the state of Illinois represent- 
 ed in the General Assembly That the bonds of matrimony existing 
 between Nathaniel B. Martin and Sarah Martin, his wife, be and 
 they are hereby forever dissolved. 
 
 A BILL FOR AN ACT TO AMEND EXISTING ACTS IN 
 RELATION TO CONSTABLES INTRODUCED BY 
 
 MR. LINCOLN, JANUARY 20, 1840 
 Mr. Lincoln's activities as Whig leader of the House in the 
 session of 1859-40 covered a wide range. One of them was the 
 introduction by him on January 20, 1840, of a measure of minor 
 importance reproduced below, House Bill 188, which appears to 
 have been written by another hand. It was duly referred to the 
 committed on judiciary but there is no further Reference to it 
 in the House Journal. 
 
 A Bill for an act to amend the Several acts in Relation to 
 Constables — 
 Sec. 1. Be it enacted by the People of the State of Illinois 
 
 
 
UNCOLLECTED WORKS OF LINCOLN 475 
 
 Represented in General Assembly — That from and after the 
 first day of August next Each and Every Constable elected Shall 
 before he Enters upon the duties of his office Execute in the 
 Presence of the Clerk of the County Commissioners Court of 
 the County for which he was Elected an Instrument in writing 
 Signed by himself and one or more Persons as his Sureties who 
 Shall be free-holders and Residents of Said County To be ap- 
 proved by such Clerk and the approval Endorsed thereon — by 
 which such Constable and his Sureties shall jointly and Severally 
 agree to Pay to Each and Every Person or Person all Sums of 
 Money that the Said Constable may become Liable to Pay by 
 Reason of his neglecting or Refusing Justly and fairly to account 
 for and Pay over all monies which may Come to his hands under 
 any Process or Otherwise by virtue of his Office — which Bond 
 or Instrument of writing shall Remain on file in the office of the 
 Said Clerk for the Benefit of all Persons who may become in- 
 jured by the Official Conduct of Said Constable — and a Copy 
 of the Instrument of writing aforesaid Certified by the Clerk 
 of the County Commissioners Court of the County Shall be 
 Prima-Facia Evidence of the Execution Thereof — 
 
 Sec. 2 If any Constable Shall fail or neglect to Return any 
 Execution with Ten days after the Return day thereof The Party 
 in whose favour the same was issued may maintain an action 
 against the Constable and his Sureties before the Justice who Is- 
 sued the same or Some Other Justice of the Peace and Recover 
 the amount thereof with Interest from the date of the Judgment 
 upon which said Execution Issued — 
 
 Sec. 3 Any Constable to whom any Execution Shall have 
 been delivered and whose Term of Office shall Expire before 
 the Expiration of the Time within which the Collection or Return 
 of Such Execution is Required by law Shall Proceed in all 
 Matters Relating to said Execution and in the Same manner to 
 collect the same that he might have done had the Time of Office 
 of such Constable not Expired and the Constable and his Sure- 
 ties Shall be liable for any Neglect of duty and for all monies 
 Collected upon Such Executions in the Same manner and to the 
 same Extent that they would have been If the term of Office 
 of Such Constable had not expired — 
 
 Sec. 4 On the Return of all Executions the Constable Shall 
 Pay over to the Justice who Issued the Same all money Collected 
 by virtue thereof not Previously Paid to the Plaintiff 
 
 Sec. 5 In all actions against Constables and their Sureties 
 
2^< 
 
 476 UNCOLLECTED WORKS OF LINCOLN 
 
 for the Recovery of money Collected by the Constable by virtue 
 of Executions If the Paintiff Recover he Shall be Entitled to 
 Recover Interest from the date of the Judgment upon which the 
 Executions were Issued or If Collected upon Other Process from 
 the date of Such Process — and Execution Shall Issue forth- 
 with upon all Judgments Rendered in Pursuance of this act. 
 
 Sec. 6 All actions against Constables and their Sureties 
 Shall be . . . Commenced within Two years from the Expiration 
 of the Office of the Constable — 
 
 Sec. 7 All acts and Parts of acts Coming within the Purview 
 of this act be and the same is hereby repealed. 
 
 RECEIPT BY MR. LINCOLN FOR FEE DUE STUART & 
 LINCOLN, JANUARY 21, 1840 
 
 The fees charged by the firm of Stuart & Lincoln as a rule 
 were extremely modest ones; witness this receipt given by Mr. 
 Lincoln to T. R. Skinner on January 21, 1840. 
 Stuart & Lincoln 
 
 Received, Springfield, Jan. 21st, 1840 of T. R. Skinner, five 
 dollars, being in full of our fee for attending in court to procur- 
 ing an assignment of Dower to Harriet L. Langston late widow 
 of Isaac L. Skinner. 
 
 Stuart & Lincoln 
 (On back of document) 
 No. 11. Stuart & Lincoln. Rect. $5.00 
 
 REPORT PREPARED IN PART BY MR. LINCOLN OF A 
 JOINT SELECT COMMITTEE TO INQUIRE INTO 
 THE CONDITION OF THE STATE BANK OF 
 ILLINOIS. READ IN BOTH HOUSES AND 
 LAID ON TABLE, JANUARY 21, 1840 
 IV hen, called by Governnor Carlin, the Illinois Legislature 
 met in special session on December 9, 1839, its chief task was to 
 devise means for mending the finances of the state then in des- 
 perate condition. The state's threatened bankruptcy was charged 
 by the Democrats in part to mismanagement of the State Bank 
 of Illinois with headquarters at Springfield, and on the second 
 day of the session one of the Democratic leaders in the Legis- 
 lature, Orlando B. Ficklin, then at the threshold of a long and 
 brilliant career in politics and at the bar, offered resolutions for 
 a legislative investigation of the bank and of any charges that 
 might be preferred against it. 
 
UNCOLLECTED WORKS OF LINCOLN 477 
 
 These resolutions were adopted without opposition and a 
 committee appointed which included Ficklin and Lincoln. Then 
 an alarmist message from Governor Carlin gave a sharper edge 
 to public uneasiness and partisan differences — the country was 
 still suffering from the panic of 1837 — and a fight over proposed 
 remedies began which lasted throughout the session of the Legis- 
 lature. Meanwhile the Ficklin committee industriously pushed its 
 labors and on January 21, 1840, submitted a majority report, 
 here reproduced, in the preparation of which Lincoln appears to 
 have exercised a directing hand. This report cleverly put for- 
 ward by inference a compromise course calculated to appeal to 
 perplexed legislators, and although promptly laid on the table 
 in both houses, it helped ten days later, January 31, 1840, to the 
 enactment of a bill which could be fairly accounted a victory for 
 Lincoln and other friends of the bank for it set aside forfeiture 
 of its charter for refusing specie payments; suspended laws 
 against it continuing business, and placed new but not rigid re- 
 strictions on its methods. 
 
 The undersigned, members of the committee to which was 
 referred the joint resolution of both branches of the Legislature, 
 submit the following report to the Senate : 
 
 In obedience to the joint resolution of both branches of the 
 General Assembly, the undersigned proceeded to examine into 
 the condition of the State Bank of Illinois, and into such charges 
 preferred against the Bank as they deemed of sufficient impor- 
 tance, in their bearing upon the interests of the community, to 
 claim the time and attention of the undersigned. 
 
 As a reason for not going more minutely into an examination 
 of the condition and conduct of the several Branches of this in- 
 stitution, the undersigned would state, that time has not been 
 afforded them to visit the several Branches, and their information, 
 therefore, relative to the Branches, is derived, in part, from wit- 
 nesses called before and examined by the undersigned, but mainly 
 from the statements under oath of the President and Cashier of 
 the Parent Bank. 
 
 It will be recollected that, during the session of 1836-37, a 
 joint select committee was appointed by the Legislature of Illi- 
 nois to examine into the condition of the State Bank, with a view 
 of ascertaining, among other things, whether said institution 
 would constitute a safe depository for the funds of the State. 
 
 On the 18th day of February, 1837, that committee submitted 
 a report to the House of Representatives, and about the same 
 

 478 UNCOLLECTED WORKS OF LINCOLN 
 
 time a report was also submitted to the Senate, which reports 
 occupied most of the ground, from the organization of the Bank, 
 in 1835, to the then present time. 
 
 The undersigned deemed it an act of inutility, not to say of 
 supererogation, to re-investigate and re-examine the same charges 
 examined and reported upon by the former committee, and have 
 therefore directed their attention more particularly to the actings 
 and doings of the Bank since February, 1837. 
 
 After a laborious and attentive investigation, the undersigned 
 have prepared the following report, which they beg leave to 
 submit. 
 
 As the undersigned believed that the Legislature wished in- 
 formation to enlighten their judgment, and to assist them in com- 
 ing to a conclusion as to the propriety of renewing the forfeited 
 charter of the Bank, they deemed it not improper to bestow most 
 of their attention upon the following inquiries : 
 
 1st. Whether there had been any circumstances of misman- 
 agement of the affairs of the Bank, or mal-practices on the part 
 of her officers, or any of them, against which future legislation 
 might guard, or which would render the institution unworthy of 
 public confidence? 
 
 2d. Whether the stock in said Bank, owned by the State, 
 is safe; and whether the interest of the State and the interests 
 of the People would be consulted by a renewal of the charter of 
 the Bank? 
 
 By reference to the joint resolution of both houses, it will 
 be seen that the first inquiry is, "whether the Bank has forfeited 
 its charter?" 
 
 The 25th section of the charter, as amended, provides that if 
 the Bank shall, for sixty days after demand, neglect or refuse to 
 pay its evidences of debt in specie, it shall forthwith close all its 
 business except the collecting and securing of its debts, and the 
 charter shall be forfeited. 
 
 More than sixty days have elapsed since the Bank announced 
 that it had suspended specie payments, and, as applications for 
 the specie redemption of its liabilities have doubtless since been 
 made and refused, the undersigned have no doubt that the charter 
 of the Bank would be declared forfeited by the proper court, on 
 proof of such demand and refusal. The forfeiture, they believe, 
 would date on the sixtieth day from the day of refusal. The 
 charter, therefore, although not yet adjudicated upon, must cer- 
 
UNCOLLECTED WORKS OF LINCOLN 479 
 
 tainly be forfeited, when the subject is brought before the proper 
 tribunal. 
 
 The next inquiry which the committee is directed to make is, 
 "what rates of the discounts of the Bank have been to persons 
 living out of the State?" 
 
 The examination of the statements of the Bank has produced 
 in our minds some surprises at the smallness of the business 
 which the Bank has done with non-residents. The amount now 
 due the Bank on loans and discounts to non-residents, amounts 
 to but four per cent of the whole sum of the debt due the Bank. 
 The documents which form a part of this report, give informa- 
 tion as to the distribution and character of this debt. 
 
 The committee are next instructed to inquire as to the char- 
 acter of the transactions of the Bank with the house of Nevins, 
 Townsend & Co., of New York. 
 
 The object of the inquiries on this subject appears to be to 
 ascertain if the Bank, in its transactions with this house, has 
 loaned them money, either without or at a low rate of interest; 
 or has suffered any portion of the stock which they own in the 
 Bank to remain unpaid; and, whether the Bank did not keep in 
 their hands, for their advantage, large sums of money, while our 
 citizens who applied to the Bank for funds in New York, were 
 refused them. 
 
 A full examination of the accounts of this house with the 
 Bank, has assured the undersigned that none of these abuses have 
 existed. 
 
 This house has been employed by the Bank as its agent in 
 New York for the transaction of most, if not all, of its business 
 to be done through an agent in that city. Their agency commenced, 
 as appears from the documents herewith submitted, by the trans- 
 fer to them from the Phoenix Bank, of New York, out of the 
 funds received by that Bank in payment of the capital stock of 
 the State Bank, paid in by individuals of one hundred thousand 
 dollars; Ayhich they were instructed to invest in gold coin for 
 the use of the Bank, and one half of which they shortly after- 
 wards forwarded to the Bank in gold. The funds of the Bank 
 having accumulated at this time in New York, from the paying 
 in of the capital stock, and the Phoenix Bank having refused to 
 allow any interest thereon, a portion of it was deposited with 
 Nevins, Townsend & Co., who gave security and allowed six per 
 cent interest on it. It did .not remain long in their hands, how- 
 ever; a demand for eastern exchange arising at home which oc- 
 
 ? 
 
V 
 
 480 UNCOLLECTED WORKS OF LINCOLN 
 
 casioned its withdrawal. For some time past this house has con- 
 stantly been the creditor of the Bank for large sums of money 
 paid on the checks of the Bank; and, at the present time, the 
 Bank is their debtor in the sum of $150,000. 
 
 The undersigned have not been able to discover any thing 
 objectionable in these transactions. It would seem that this house 
 was not only able but willing to make large advances to the Bank, 
 and that some advantage must have resulted to those whom the 
 Bank was, by these means enabled to accommodate with checks 
 on New York. The necessity of some agency of the Bank in 
 New York is obvious ; and no reason is seen for the preference 
 of a bank over private bankers, if they are .not able to give satis- 
 factory security, as is the case with the house of Nevins, Town- 
 send & Co., who are bankers of high character. 
 
 The committee are next instructed to inquire if the capital 
 stock subscribed by Samuel Wiggins, of Cincinnati, has been 
 paid in? 
 
 In prosecuting this inquiry, they have ascertained that Samuel 
 Wiggins was the original holder of the stock of the Bank, to the 
 amount of nearly $200,000, on which he paid several of the earlier 
 instalments ; but that, being disappointed in the sale of his stock, 
 he applied to the Bank and obtained loans to the amount of 
 $108,000, for the refunding of which he pledged his bank stock; 
 which money, so obtained, was applied in paying up the calls 
 made by the Bank on the purchasers of its stock. This is said 
 to be the only instance, except an amount of about $3,000 to other 
 individuals, in which this odious practice has been resorted to — 
 a subterfuge and evasion of the law of this character has been 
 practised in other States to an alarming extent, so as to make 
 the capital of particular banks rest upon a paper instead of a 
 metallic basis. While the undersigned regret that any, even a 
 solitary case of this sort, should have been tolerated by the Di- 
 rectors of the State Bank and do not incline to offer for it any 
 palliation whatever, they at the same time feel highly gratified 
 that this practice, so obnoxious to well founded institutions, has 
 not been general ; but that all the other payments of subscriptions 
 upon stock have been made in gold and silver, or in such funds 
 as were authorized to be received by the charter of the Bank. 
 
 It has also been made the duty of the committee to ascertain 
 the .nature of the transactions of the Bank with the house of 
 Denman, of Philadelphia ; whether any loans were made by them ; 
 whethc: they were permitted the free use of money collected by 
 
UNCOLLECTED WORKS OF LINCOLN 481 
 
 the falling due of bills drawn on them on account of pork, bacon, 
 lard and lead, shipped them by the Bank, and whether any bills 
 drawn on them have been renewed to prevent protest. 
 
 The undersigned have not been able, in their examination, 
 to find the slightest trace of any connection between the Bank 
 and the house in question, other than that which has grown out 
 of the purchase by the Parent Bank and the Alton Branch, from 
 our citizens, of bills of exchange drawn on said house. Mr. Den- 
 man is believed, by the undersigned, to be a responsible and 
 wealthy commission merchant, a part of whose business is, deal- 
 ing in western produce, as agent for the shippers, and they feel 
 it is due to him to state that all the bills on him, held by the Bank, 
 have been fully paid when due. 
 
 The next subject of inquiry is, the transactions of the Bank 
 with the house of Grigg & Weld, of Boston. 
 
 It appears that the Bank was the holder of about $70,000 of 
 the acceptances of this house, of drafts drawn on them at Alton, 
 and negotiated by the Branch of the Bank there, when they 
 failed, and since that time this debt has been reduced to $23,000, 
 which sum is considered by the officers of the Bank as being pretty 
 well secured. 
 
 Intimately connected with this branch of the inquiry is the 
 transactions of the Bank with the house of Godfrey, Gilman & 
 Co., of Alton. 
 
 The tabular statement of the cashier shows the amount of 
 the liabilities of this house as drawers, discounters and endorsers, 
 to have swollen to the immense amount of $800,748.00 which 
 has since been reduced to the sum of $419,358.00. This debt 
 also is considered to be made safe by collateral security. 
 
 The undersigned feel reluctance in introducing the names of 
 these individuals and their private accounts with the Bank from 
 the fact that public rumor was rife with reports and charges 
 against them, and had not failed to set forth the facts in as glow- 
 ing colors, at least, as they merited. 
 
 These two cases are deemed sufficient to demonstrate the im- 
 policy of the Bank extending such large accommodations to in- 
 dividuals or firms ; many objections might be urged to this course. 
 The undersigned, however, will proceed to notice only a few of 
 them. 
 
 1st. It deprives the Bank of the power of fulfilling one of 
 its important functions, to wit : the extending its accommodations 
 to the community generally. 
 

 482 UNCOLLECTED WORKS OF LINCOLN 
 
 2d. It is exceedingly hazardous to risk so much upon the 
 solvency of a single individual or firm, as a single failure may 
 result in the loss of the entire debt. 
 
 3d. The individual or firm having access to the Bank and 
 being permitted the free use of its funds may monopolize the 
 trade in any speculation or enterprise in which he chooses to 
 embark. 
 
 4th. Nothing is better calculated to engender heart-burnings 
 and to enlist enemies of the most hostile character against a Bank 
 than for the community to entertain the belief that the institution 
 is used for the benefit of the few to the exclusion of the many. 
 It will be recollected that a charge similar to this was made 
 against the late Bank of the United States, and to sustain that 
 charge it was urged that Mr. T. Biddle, in October, 1830, was 
 indebted to that institution in the sum of $1,120,000. If the ob- 
 jection had any weight in it as applied to the United States Bank, 
 with its immense capital and circulation, with how much greater 
 force does the objection apply to our Bank having a circulation 
 less than $3,000,000. 
 
 It is understood that the Directors of the Parent Board, 
 aware of the impropriety of this course, have adopted measures 
 to restrain Directors of Branches in again making such excessive 
 loans. While the undersigned decidedly disapprobate this practice 
 of extending such large accommodations to individuals or firms, 
 they are gratified to have the opportunity to bear testimony that 
 the Bank in a large majority of cases has made her discounts to 
 dealers wanting small sums for immediate use, as will be seen De- 
 reference to a tabular statement furnished by the Bank and here- 
 with presented. 
 
 For the nature and extent of the loan to the Bank of Mis- 
 souri, reference is made to the copy of contracts between the two 
 banks, which is herewith presented. 
 
 The transaction was not fully carried out, and the amount 
 loaned was soon returned. The arrangement seems to have been 
 made from a desire on the part of this Bank to cultivate friendly 
 relations with a neighboring institution which was about to go 
 into operation. It was a part of the contract with the Missouri 
 Bank that she should redeem in specie, if necessary, the paper of 
 the State Bank loaned to her. The undersigned see nothing ob- 
 jectionable in this transaction. 
 
 The undersigned is also charged with the inquiry, whether 
 the Bank has dealt or speculated in lead, lands, or any other com- 
 
UNCOLLECTED WORKS OF LINCOLN 483 
 
 modity. So far as the undersigned have been able to hear and 
 ascertain the facts, the Bank has not engaged in speculation in 
 lead, lands or any other commodity. In relation to this charge 
 the undersigned have availed themselves of the testimony of the 
 officers of the Bank, of correspondence touching these trans- 
 actions, and of the testimony of respectable gentlemen residing 
 at the point where these abuses are said to have occurred. 
 
 The Bank professing to be desirous to enhance the price of 
 lead in the hands of the miner or smelter, and to give the profits 
 incident to its reshipment, to the commission merchants of Alton, 
 rather than to those of St. Louis, who had hitherto monopolized 
 the trade, made arrangements to have lead shipped to J. G. Lamb, 
 of Alton, who was to act as the mutual agent of the owner of 
 the lead and the Bank, in its reshipment and sale. Upon the sale 
 of the lead, after refunding the money advanced, where the ship- 
 ment was first made to the agent, say about three-fourths of the 
 market price of the lead, together with interest, commissions and 
 other costs, and charges incident to the operation, the overplus 
 accruing from the sale thereof was to be paid to the fomer owner, 
 thereby making the Bank neither gainer or loser by the fluctua- 
 tion in price of the article so shipped. 
 
 The statements of the officers of the Bank is corrobated by 
 the testimony of the other witnesses examined as to this point as 
 will more fully appear by the accompanying depositions. 
 
 While the undersigned fully acquit the Bank of the charge 
 of speculating or dealing in lead, they are constrained to animad- 
 vert upon the course as being unwise and improper on the part 
 of the Bank. It is most obvious that as soon as the arrangement 
 above alluded to was made public, (and its publicity could not 
 easily be prevented), the commission merchants in St. Louis, and 
 the keen-eyed speculator of the mineral region, whose interests 
 would be affected injuriously by this operation of the Bank, would 
 wage a simultaneous war against the institution, and, prompted 
 by the ever living principle of cupidity, each would try to excel 
 the other in the malignity of the attack and the ferocity of its 
 prosecution. 
 
 Experience has shown us that such was the result of this 
 enterprise ; and the avowed good intentions of the Bank have not 
 only been thwarted, but much odium has been brought to bear 
 against the institution in consequence of the lead operation. 
 
 The undersigned believe that a bank should pursue the "even 
 tenor of her way," without lending her influence and her funds 
 
484 UNCOLLECTED WORKS OF LINCOLN 
 
 to stimulate any particular individual in any particular branch of 
 business ; and whenever she departs from her plain path of duty, 
 she is likely to awaken the vigilant jealousy of the people, and 
 bring upon her own head either ruin or a loss of confidence, 
 which, to a Bank, is infinitely worse. 
 
 In relation to the charge of the Bank dealing in pork, the 
 undersigned would say, that they have no evidence of that fact; 
 but, on the contrary, if such had been the case, those cognizant 
 of it have failed to make the proof. There is one circumstance, 
 however, connected with this charge, to which the undersigned 
 will advert. 
 
 The cashier of the Chicago Branch, with a view of engaging 
 in the purchase of pork with Mr. E. K. Hubbard, and Mr. Dole, 
 procured their note to be discounted, and obtained funds for the 
 purpose aforesaid. 
 
 Although the undersigned do not deny the right of any 
 officer of the Bank, in common with other citizens, to receive ac- 
 commodations, yet they deem it inexpedient to embark in specu- 
 lations of the staple commodities of the country, and more espe- 
 cially so when the Bank is not prepared to accommodate all who 
 might desire to obtain its paper. 
 
 If the Bank at the time referred to had been prepared to 
 discount the notes of all who applied, this circumstance would 
 probably have excited no remark, but so soon as the notes of 
 others were rejected the disappointed applicants bitterly complain 
 of favoritism being extended to Bank officers. 
 
 If there is any one subject of which the people are more 
 easily excited than any other, and in regard to which their jeal- 
 ousy never slumbers, it is as to the privileges and powers of 
 Banks. Therefore, every precaution should be used by those 
 institutions to guard against such charges, or at least to furnish 
 them no foundation to rest upon. 
 
 The undersigned have not been able to ascertain that the 
 Bank has dealt or speculated in lands further than was absolutely 
 necessary for the erection of her banking houses. 
 
 The next inquiry relates to the suspended debts of the Bank 
 at the branches of Alton, Galena, and Chicago. As the examina- 
 tion in prosecution of this inquiry necessarily involves an 
 exhibition to the undersigned of the transaction of the Bank with 
 a number of private individuals and as publication of their names 
 and accounts would effect no public good, they have declined 
 
UNCOLLECTED WORKS OF LINCOLN 485 
 
 doing so, and will only state the general results of the exami- 
 nation. 
 
 A considerable amount of debt exists at these Branches 
 which, at the present, is unproductive, and must require much 
 time in the collection. 
 
 Although a portion of these debts will in all probability 
 be lost, it is not believed that the loss will be sufficiently heavy 
 to impair eventually the capital stock of the Bank. 
 
 It will be seen by a reference to an exhibit furnished by 
 the Bank that a contingent fund of about $170,000 has been set 
 apart, which, the undersigned believe, will indemnify the Bank 
 in any losses on her suspended debt, and the other debts due 
 the Bank and Branches are believed to be well secured. 
 
 In answer to the inquiry, what portions of the loans of the 
 Bank have been made to Bank Directors, the undersigned refer 
 to a statement made by the officers of the Bank, and accom- 
 panying this report. 
 
 The amount due from Bank Directors was heretofore larger 
 than it now is, and has been reduced by the going out of office of 
 some who were largely indebted. The undersigned do not be- 
 lieve that the liability of the present Directors is greater than 
 might be safely extended to other individuals of equal number 
 and responsibility not connected with the Bank. 
 
 The committee next proceeded to investigate the charge con- 
 tained in the following portion of the resolution, to wit: "also 
 the character of the transaction between the Acting Fund Com- 
 missioner and the President of the Bank" in negotiation of the 
 bonds sold to constitute the stock owned by the State in that 
 institution, and if the bonds, at or since the time of their pur- 
 chase by the Bank, could not have been sold for cash at or above 
 par, and whether any money has been paid in to represent the 
 stock of the State. 
 
 The answer of the officers of the Bank to this inquiry is, 
 that after fruitless efforts to sell the stock at par, it was offered 
 to the Bank in payment of the subscription of the State stock, 
 and was accepted by that institution, and that the bonds have 
 ever since been offered at par but have not been sold. 
 
 The amount of stock so sold to the Bank was $1,665,000, 
 and the sum of $335,000 was paid in cash, making in all 
 $2,000,000. 
 
 While it is granted that the sale of the State bonds owned 
 by the Bank would have enabled that institution to enlarge her 
 
486 UNCOLLECTED WORKS OF LINCOLN 
 
 circulation, and thereby accommodate more persons, it is deemed 
 very questionable whether, in the present crisis, the stock- 
 holders and .note holders of the Bank are not in a better con- 
 dition than if the State bonds had been sold, for the reason that 
 they can be used to obtain funds either by sale or hypothecation. 
 
 The next inquiry is, "whether the Bank has not dealt un- 
 fairly in declaring dividends and reporting means as available 
 which are in reality unavailable and in bad debts?" 
 
 The question of the propriety or impropriety of dividends 
 of the Bank must depend on the amount of its bad debts as 
 compared with its surplus fund and reserved profits. 
 
 These latter the officers of the Bank have stated on their 
 oaths they believe to equal or exceed the former, and the under- 
 signed have no reason to differ from them in opinion on this 
 subject. 
 
 Some of the committee are aware that there has been a 
 great anxiety with some persons connected with the public works, 
 that the dividends should be as large as possible, and were 
 fearful that this influence might have operated on the Directors, 
 but they have no evidence of such a result. 
 
 The last inquiry which the committee are directed to make 
 is. "whether houses connected with some of the principal officers 
 of the Bank have not been accommodated largely to the ex- 
 clusion of others equally solvent?" 
 
 The undersigned feel it to be their duty to state, without 
 hesitation, that there is not the slightest evidence to support a 
 charge of this character. 
 
 The undersigned, before passing on, will offer some reflec- 
 tions upon the causes of the suspension of specie payments by 
 the Bank. It will be recollected that when the Banks of Phila- 
 delphia and New York suspended specie payments in 1837, that 
 the western and southern Banks almost simultaneously followed 
 in their train. 
 
 When the Philadelphia Banks suspended specie payments 
 last fall, many of the western and southern banks also found 
 it necessary to close business. There is a chain of connexion 
 between the banks of the interior and those of the Atlantic cities 
 which obliges the former to follow the course of the latter, and 
 the suspension of the banks located in the centre of trade is 
 felt by all the banks in the Union. 
 
 This is not attributable to any organic defects of the in- 
 
UNCOLLECTED WORKS OF LINCOLN 487 
 
 stitutions themselves, but to the irresistible law of trade and 
 exchange, which cannot be controlled by country banks. 
 
 The position of our banks is doubly unfortunate ; they have 
 not only to guard against the accumulation of their paper in the 
 eastern cities but have also to keep an eye upon St. Louis, at 
 which point much of the trade of the west centres. 
 
 When we superadd to those causes the fact that the funds 
 (mostly gold and silver) of the General Government collected 
 in the land offices in this State, have (with the exception of a 
 limited deposite in the Branch at Chicago) been transported to 
 and deposited in the Banks of Kentucky and the Bank of Mis- 
 souri, it must therefore be admitted that the Banks of this State 
 have had a peculiarly difficult task to perform in keeping up 
 the credit of their paper. 
 
 Under this view of the subject, unless it is first shown that 
 our Banks had some agency in bringing about the suspension by 
 the Banks of the Atlantic cities in 1837 & '39 your committee 
 percieves but little cause to visit any very heavy denunciations 
 upon our institutions for doing an act which they were urged to 
 by the most imperious necessity. 
 
 An opinion as to the solvency of the Bank to meet and to 
 pay all demands against it, will, no doubt, be expected from the 
 committee. 
 
 It will be perceived from the statement of the condition of 
 the Bank filed herewith, that her entire circulation amounts to 
 $2,786,315, and that her whole liabilities are $3,924,002 84; 
 while she has on hand $2,464,750 of Illinois State bonds; 
 $2,710,476 76 of notes discounted and due from individuals to 
 the Bank; $440,182 10 of money loaned to individuals by the 
 Bank, and secured by mortgage on real estate ; bills of exchange 
 $786,974 89; real estate $72,611 33; due from other Banks 
 $435,624 27; due by State of Illinois $141,089 46; notes of other 
 Banks $152,275; of gold and silver coin $173,869 32; making in 
 all $7,677,794 13. This sum your committee deems amply suffi- 
 cient to indemnify not only note holders and other creditors of 
 the Bank, but also to secure the State for all the stock which she 
 owns in the institution; and in the event of the Bank not being 
 resuscitated, your committee apprehend no danger of the State 
 sustaining any loss upon its Bank stock. 
 
 Before closing this report it is but an act of justice due 
 from the undersigned to the officers of the Parent Bank, to 
 state, that they afforded the committee every facility in their 
 
 ff 
 
488 UNCOLLECTED WORKS OF LINCOLN 
 
 power to aid them in a free and full investigation into the con- 
 dition of the Bank and into the conduct of its various officers. 
 
 B. Monroe 
 Jno. D. Woods 
 
 Of the Senate. 
 Orlando B. Ficklin, 
 A. Lincoln. 
 
 Of the House of Representatives. 
 
 BILL AUTHORIZING THE PURCHASE OF A HOUSE 
 
 FOR THE USE OF THE GOVERNOR REPORTED 
 
 BY MR. LINCOLN, JANUARY 24, 1840 
 
 When Springfield supplanted Vandalia as capital of the 
 state and construction of a new capital building began there was 
 promptly voiced a popular demand for the proper housing of the 
 governor of the state. Accordingly Mr. Lincoln drew and on 
 January 24, 1840, reported from the House committee on finance 
 the (bill here reproduced authorizing the purchase by the auditor 
 of public accounts of a house for the use of the governor. This 
 bill was duly enacted and carried into effect, but after 1856 the 
 governor was housed in a mansion to which his occupancy gave 
 a name — a fine structure which long remained one of the show 
 places of Springfield. 
 
 Sec. 1st Be it enacted by the People of the state of Illinois 
 represented in the General Assembly, That the Auditor of Public 
 Accounts be and he is hereby authorized to purchase a suitable 
 house and lot within the town of Springfield, for a residence for 
 the Governor of the state, Provided the same shall not cost more 
 than eight thousand dollars. 
 
 Sec. 2nd The Auditor shall issue his warrant on the Treas- 
 ury for the amount agreed on by him for said purchase, in favour 
 of the person of whom said purchase shall have been made. — 
 
 Sec. 3rd Before issuing his warrant as aforesaid, the Audi- 
 tor shall particularly enquire into and ascertain that a clear and 
 unencumbered title to the house and lot so purchased can be 
 made, and moreover shall actually take a conveyance of such title 
 to the Governor of the state of Illinois for the use of the People 
 of said state. 
 
 Sec. 4th Upon the completion of such purchase and convey- 
 ance, the Auditor shall notify the Governor thereof; and after 
 one month subsequent to said notice, no allowance for house rent, 
 or traveling expenses shall be made to the Governor. 
 
 M 
 
r 
 
 V 
 
 UNCOLLECTED WORKS OF LINCOLN 489 
 
 MR. LINCOLN AND OTHERS DISCUSS THE SUBJECT 
 OF INTERNAL IMPROVEMENTS, JANUARY 30, 1840 
 
 The issue of the Sangamo Journal for February 7, 1840, con- 
 tained this report of the House discussion of internal improve- 
 ments on January 30, 1840, to which reference has been made in A<^' 
 another place. It is again to be noted that the Whig leader's plea 
 proved an unavailing one. 
 
 Hardin said this measure had been before the House in a 
 dozen different shapes, every day for a month and he hoped it 
 would be pressed upon the attention of the House no longer. Mr. 
 Lincoln said, he thought this a question of sufficient importance 
 to justify this last effort in behalf of a proposition, to save some- 
 thing to the State, from the general wreck. It was very true that 
 similar propositions had before been voted down in this House 
 by large majorities ; but it might be a returning sense of justice, 
 would induce this House to acknowledge, upon this last oppor- 
 tunity, that at least some portion of our internal improvement 
 should be carried on. That after the immense debt, we have in- 
 curred in carrying these works almost to completion, at least one 
 work calculated to yield something towards defraying its expense, 
 should be finished and put in operation. Everybody acknowledged 
 that this much, if no more, should be done ; and why not come 
 up to the question here, with the same candor that we do out of 
 doors ? 
 
 AMENDMENT BY MR. LINCOLN OF AN ACT IN 
 RELATION TO PROMISSORY NOTES, 
 
 JANUARY 30, 1840 p 
 
 Below is given an entry from the House Journal for January 
 30, 1840, which deals with Mr. Lincoln's final activities in the 
 session of 1839-40. 
 
 Engrossed bill for "An act in relation to promissory notes 
 was read a 3rd time and on motion of Mr. Lincoln, amended as 
 follows; Provided, that nothing should be construed to legalize 
 the taking of more than 12% interest annum, in any case what- 
 ever/' Bill passed with this amendment. (No record vote). 
 
 AN ACT TO AMEND THE SEVERAL LAWS IN 
 
 RELATION TO THE ILLINOIS AND MICHIGAN 
 
 CANAL, BELIEVED TO HAVE BEEN DRAWN BY MR. 
 
 LINCOLN, APPROVED FEBRUARY 1, 1840. 
 
 As this is a printed document in the Laws of Illinois, there 
 
 is no evidence that it is the work of Abraham Lincoln, for it 
 
490 UNCOLLECTED WORKS OF LINCOLN 
 
 does not bear the signature of its author. Internal evidence of 
 the wording does not lead to the conclusion that he composed the 
 law, for there were several men in Illinois who were as capable 
 with words as Mr. Lincoln, and a routine enactment permits of 
 little clue to the author. The same can be said of many of the 
 legal papers of Mr. Lincoln; anyone might have written them. 
 In them, however, we have evidence of his handwriting, his 
 usage of extra spacing, and at times he strays from the formal 
 wording of a legal paper. 
 
 The possibility that Mr. Lincoln was the author of this bill 
 either in part or in whole, is based on the fact that he reported 
 it from the select committee, and one of his biographers has 
 stated "that he probably wrote the bill that was finally passed." 
 Mr. Lincoln was chairman of the Select Committee for further 
 prosecution of the canal, and as he reported an amendment pro- 
 viding for the pursuit of work on it, it is possible that he may 
 have had a hand in the composition of an act to amend other 
 laws on the matter. The report was made on January 22, 1840, 
 ten days before final enactment of the bill. 
 
 The canal had been proposed in a report in 1835, suggesting 
 construction of an artificial waterway to connect Lake Michigan 
 and the Illinois River. Mr. Lincoln supported the plan as part 
 of a program of internal improvements that, as is known, almost 
 bankrupted the State of Illinois. The law of February 1, 1840, 
 is included with the works of Mr. Lincoln, but with the qualifi- 
 cations given above, which permit the possibility of its being 
 his handiwork, but which allow no definite conclusion in the 
 matter. 
 
 SEC. 1. Be it enacted by the People of the State of Illinois, 
 ta represented in the General Assembly, That it shall be the duty 
 of the commissioners of the Illinois and Michigan Canal to sell 
 so much of the canal lands and lots, the present year as may be 
 required to pay the interest on the loans made for canal purposes ; 
 sales made under this act shall be conducted and under the same 
 restrictions as required by the act to which this is an amendment : 
 Provided, however, if the commissioners shall be of opinion the 
 interest of the State requires more than ten per cent, to be paid 
 at the time of sale, they shall state in their advertisements the 
 amount that will be required to be paid at the time of purchase. 
 
 SEC. 2. Where timber land is selected for sale, it shall be 
 the duty of the commissioners to divide it into small lots, not to 
 exceed forty acres in one lot, and to require one fourth of the 
 
 F 
 
UNCOLLECTED WORKS OF LINCOLN 491 
 
 purchase money to be paid at the time of purchase, and the bal- 
 ance to be paid in three annual installments, with six per cent 
 interest, paid in advance for the first year. Sales made under 
 the provisions of this act shall be subject to the same forfeitures 
 and restrictions as required in the several acts authorizing the 
 sales of canal lands. 
 
 SEC. 3. There shall be one principal engineer, who shall 
 have a salary of two thousand dollars per annum ; there shall be 
 one resident engineer, who shall have fifteen hundred dollars 
 per annum; there shall be seven assistant engineers, who shall 
 each have a salary of one thousand dollars per annum. And 
 the engineers aforesaid shall not receive any other compensation 
 for their services, under any pretence whatever: Provided, that 
 the work on the canal progresses. But it shall be the duty of the 
 board of canal commissioners to discharge such assistant en- 
 gineers, whenever said work is suspended. 
 
 SEC. 4. It shall be the duty of the commissioners, when any 
 person or persons claim damages that they may have sustained, 
 by the construction of the Illinois and Michigan canal, to settle 
 with any such person or persons for the damages they may have 
 received, and pay the same: Provided, If the commissioners are 
 of opinion the claim is too high, and the claimant will not take 
 a fair compensation, they shall call the appraisers as required 
 in the act to which this is an amendment, and they shall proceed, 
 as required in said act. Said appraisers shall receive a reasonable 
 compensation, not to exceed five dollars per day, for their ser- 
 vices, for the time necessary to perform the duties required of 
 them as such appraisers and shall be paid out of the canal fund. 
 
 SEC. 5. That the board of public works of this State, whose 
 appointment is provided for in a bill, entitled "An act to pro- 
 vide for the settlement of debts and liabilities incurred on ac- 
 count of internal improvements, in the State of Illinois," shall 
 be, and they are hereby, authorized to employ not exceeding four 
 assistant engineers, at a salary not exceeding one thousand dol- 
 lars per annum. 
 
 SEC. 6 That the compensation of the chief engineer, whose 
 appointment is provided for in the bill referred to in the pre- 
 ceding section, shall be two thousand dollars per annum, any bill 
 or law to the contrary notwithstanding. 
 
 SEC. 7. The act passed February 27, 1839, entitled "An act 
 to provide for a loan for canal purposes," is hereby so changed 
 
492 UNCOLLECTED WORKS OF LINCOLN 
 
 as to authorize the interest on bonds hereafter sold under the 
 provisions of said act to be paid semi-annually. 
 
 SEC. 8. The Governor, Auditor, and Treasurer of this State, 
 shall settle the accounts of the several agents employed by the 
 Governor, within the last year, to negotiate canal loans, or to 
 convey funds from Eastern cities to this State, and allow them 
 respectively, a compensation of five dollars a day for the time 
 occupied by them in the performance of these services; except 
 in cases where a different agreement has been made with them 
 by the Governor; and if any such agent has retained a greater 
 compensation than herein allowed, he shall be required to refund 
 the overplus, and the same shall be added to the canal fund: 
 Provided, That no person shall be entitled to receive from the 
 State a per diem compensation for services performed in two or 
 more different capacities at the same period of time. 
 
 SEC. 9. Should there be no funds on hand to meet the 
 liabilities of the State to the contractor, for labor done on the 
 Illinois and Michigan canal, at the estimate to be made on the 
 first of March next, it shall be the duty of the commissioners of 
 said canal to issue their checks to contractors for such amount 
 as may be found then due, as now provided by law, and payable 
 whenever funds have been deposited for that purpose, bearing 
 an interest at the rate of six per cent: Provided, that this pro- 
 vision shall not extend to estimates made after said first day of 
 March next: Provided, also, That in no case shall such checks 
 be issued for a smaller amount than one hundred dollars. 
 
 Approved, February 1, 1840 
 
 CHARTER OF THE SPRINGFIELD MECHANICS 
 UNION DRAWN BY MR. LINCOLN AND 
 GRANTED FEBRUARY 3, 1840. 
 This charter of the Springfield Mechanics Union, granted on 
 the last day of the first session of the Illinois Legislature held 
 in Springfield, has an interesting story behind it. Three move- 
 ments in the middle decades of the last century helped to shape 
 public opinion in all parts of the land. These were the temper- 
 ance movement, the uprising against slavery, and organized ef- 
 forts to better the condition and widen the outlook of the average 
 man. Each of the three had earnest supporters in Springfield. 
 The Washington Temperance Society of the town had 700 
 members, including Abraham Lincoln, and its Colonization So- 
 ciety held weekly meetings and collected funds for the settlement 
 
UNCOLLECTED WORKS OF LINCOLN 493 
 
 of negroes in Liberia, hoping in this way to solve the slavery 
 question, while in April, 1837, following the example of other 
 towns of the Middle West, the Springfield Mechanics Institute 
 was established with John F. Rogue, architect of the new state 
 house, as its president. The Institute had a short and uneventful 
 career, and in 1839 was succeeded by the Springfield Mechanics 
 Union for which, at the request of its projectors, Mr. Lincoln 
 drew the charter reproduced in this place. 
 
 The efforts of the Mechanics Union, ivhich soon counted 200 
 members drawn from nearly two score callings, to help the 
 artisans of Springfield were varied ones, and covered an eight- 
 year period. There was only one college graduate, it may be 
 noted, among its members — Calvin Goudy, a printer. Simeon 
 Francis, editor of the Sangamo Journal, was the first president 
 of the Mechanics Union, and among its other founders were 
 George R. Weber, editor of the Illinois Journal, who later was 
 to see service in both the Mexican and Civil Wars; Edmund R. 
 Wiley, a tailor, whose son and namesake was to become colonel 
 of one of the first colored regiments enrolled under President 
 Lincoln; Caleb Birchall, a bookbinder ; Thomas Lewis, a New 
 Jersey shoemaker who settled in Springfield in 1837, and in after 
 years had a long and eventful career; William D. Herndon, a 
 brick mason; John E. Roll, a plasterer, who, when a growing 
 lad at Sangamo Town, had helped young Lincoln build the flat- 
 boat in which the latter made the trip to New Orleans which 
 preceded his settlement at New Salem; ;and finally Charles Lud- 
 lum, a mason, who was to rent the Lincoln home while Mr. Lin- 
 coln was in Congress. 
 
 The Mechanics Union flourished for seven and a half years, 
 and during that period collected nearly $1,000 in dues and fines 
 with which in 1842 it bought a building and established a school 
 for the children of its members. The school's principal in its 
 third year was Francis Springer, later president of Illinois Uni- 
 versity, whose annual salary in a day of first things was $800. 
 The Mechanics Union also held monthly meetings which were 
 addressed now and then by prominent men willing to contribute 
 their services. Thus Abraham Lincoln was asked to be the speaker 
 on the evening of July 29, 1841. He accepted the invitation, but 
 no record has been found of his topic or how he handled it. 
 
 Be it enacted by the people of the state of Illinois, repre- 
 sented in the General Assembly, That . . . 
 and their associates, and successors be, and they are hereby con- 
 
494 UNCOLLECTED WORKS OF LINCOLN 
 
 stituted, a body politic and corporate, under the name of The 
 Springfield Mechanics Union, for the purpose of affording re- 
 lief to the sick and disabled members thereof, and to the widows 
 and orphans of deceased members; for the establishment of a 
 common school, and a public library; and for the promotion of 
 literature, science, and the mechanic arts; and for no other pur- 
 pose whatever. 
 
 Sec. 2 The said corporation, on the establishment of their 
 common school, shall receive from the school commissioners of 
 the county the same amount of money, in the same proportion, 
 and apply the same to such tuition in the same manner, as other 
 common schools are paid and kept: Provided that the teachers 
 or instructors, of said school shall be selected by the corporation, 
 and be under the control of its by-laws. 
 
 Sec. 3 The said corporation by the name of The Springfield 
 Mechanics Union, is declared and hereby made capable in law 
 to sue and be sued, plead and be impleaded; to have a common 
 seal, and the same to alter or rename at pleasure, to make and 
 adopt a constitution and by-laws for the government of the cor- 
 poration, not inconsistent with the laws of this state, or the 
 Constitution of the United States, and the same to alter or amend 
 whenever it may be deemed necessary; provided that the said 
 corporation shall not hold more than five acres of land with the 
 improvements thereon, for a longer term than one year, except 
 such as may be donated to, and for the sole use and behoof of 
 the corporation. 
 
 Sec. 4 The officers of this corporation shall consist of a 
 President, Vice President, Secretary, Treasurer, and a board of 
 seven directors, who shall continue in offiec for the term of one 
 year, and until their successors are elected, together with such 
 other officers as may be provided for by the constitution and 
 by-laws of the corporation. The duties, rights, privileges, and 
 liabilities of the aforesaid officers to be defined by the constitu- 
 tion and by-laws of said corporation. 
 
 Sec. 5 All fines and forfeitures for non attendance, delin- 
 quency imposed by the constitution and by-laws provided for 
 in third section of this act, not exceeding twenty five dollars, in 
 any individual case, shall be recoverable by action of debt, before 
 any justice of the peace of the proper County, by the said Com- 
 pany in their corporate capacity, which shall be for the use of 
 the corporation. 
 
 Sec. 6 This corporation shall not be dissolved nor a dividend 
 
UNCOLLECTED WORKS OF LINCOLN 495 
 
 made of its funds, while there are seven resident members in 
 favor of continuance. 
 
 Sec. 7 The legislature hereby reserve the right to amend or 
 repeal this act whenever in their opinion the public good may 
 require it. 
 
 Sec. 8 This act to be in force from and after its passage. 
 
 Amend the bill by filling the blank in the first section with 
 Caleb Bundell, Thomas Lewis, Edmund R. Wiley, William D. 
 Herndon, Simeon Francis, George R. Weber, Walter Davis, 
 George Wood, and R. H. Coflin. 
 
 PLAINTIFFS DECLARATION IN THE SUIT OF HOOD 
 VS. GRAY, FEBRUARY 6, 1840 
 ( Herndon- Weik Collection) 
 Mr. Lincoln drew the declaration in this case. The cover 
 notations, the date of filing by Butler excepted, are also in his 
 hand. The decision of the court is rendered in the footnote to 
 the plea of March 5, 1840, in his case. Work on the new state 
 house was in progress when this suit was brought, and familiar 
 sights on the streets of Springfield in summer and autumn days 
 were long chains of oxen, ten and twelve to a team, drawing 
 heavy blocks of stone to Springfield from a quarry not far from 
 the town. The Hood-Gray litigation may have had its birth in 
 this state of things, for the John F. Rogue mentioned in Hood's 
 complaint zvas the baker turned architect who designed the state 
 house and had a hand in its erection. 
 
 Archibald Hood 
 
 vs I Decln 
 
 John W. Gray 
 
 Filed Febry. 6" 1840 
 Wm. Butler clerk 
 
 State of Illinois ] 
 
 Sangamon county J- Of the March term of the circuit 
 
 and circuit J court of said county A. D. 1840 
 
 Archibald Hood, plaintiff, complains of John W. Gray, de- 
 fendant, in custody &c. of a plea in assumpsit : For that whereas 
 heretofore, to wit on the day of October in the 
 
 year of our Lord one thousand eight hundred and thirtynine, at 
 
496 UNCOLLECTED WORKS OF LINCOLN 
 
 the county and circuit aforesaid the said defendant bargained 
 for and bought of the said plaintiff, and the said plaintiff 
 at the special instance and request of the said defendant, then 
 and there sold to the said defendant a certain lot of cut stone, 
 at the price of three hundred dollars 
 
 to be by the said plaintiff, cut according to a certain draft pro- 
 cured by the said defendant to be made and delivered to the 
 said plaintiff by one John F. Rogue, and the said lot of stone 
 to be ready for delivery by the said plaintiff to the said defendant 
 at the said plaintiffs shop in Springfield in the county 
 and circuit aforesaid, within the three weeks then next ensuing 
 and to be paid for by the said defendant as follows to wit, one 
 hundred dollars to be paid by the said defendant to the said plain- 
 tiff on or before the said plaintiff should be ready to deliver the 
 said lot of stone, and the remaining two hundred dollars to be 
 paid by the said defendant to the said plaintiff within the nine 
 months then next ensuing; and in consideration thereof, and that 
 the said plaintiff, at the like special instance and request of 
 the said defendant, had then and there undertaken and faith- 
 fully promised the said defendant to cut the said lot of stone, 
 according to the draft aforesaid, and to have the same ready for 
 delivery to the said defendant in the time and at the place 
 aforesaid, he, the said defendant undertook and then and there 
 faithfully promised the said plaintiff to accept the said lot of 
 stone, of and from him the said plaintiff and to fetch the said lot 
 of stone away from the aforesaid shop of the said plaintiff for 
 the same at the times and in the manner aforesaid. And although 
 the said plaintiff afterwards and within the three weeks next after 
 the making of the said promise and undertaking of the said de- 
 fendant to wit, on the day and at the place aforesaid, was ready 
 and willing to deliver the said lot of stone to him the said defend- 
 ant. Yet the said defendant, not regarding his said promise and 
 undertaking, but contriving and craftily and subtly intending to 
 deceive and defraud the said plaintiff in this behalf, did not, nor 
 would at the time the said plaintiff was ready as aforesaid, 
 to deliver to him the said defendant, the said lot of stone, or at 
 any time before or afterwards, accept the said lot of stone, or 
 any part thereof of and from the said plaintiff, or pay him for 
 the same as aforesaid, but then and there wholly neglected and 
 refused so to do — 
 
 And whereas also, the said defendant, afterwards, to wit, on 
 the first day February in the year of our Lord one thousand 
 
UNCOLLECTED WORKS OF LINCOLN 497 
 
 eight hundred and forty, at the county and circuit aforesaid, was 
 indebted to the said plaintiff in the further sum of three hundred 
 dollars for the work and labour by him the said plaintiff before 
 that time done, performed and bestowed in and about the busi- 
 ness of the said defendant, and for the said defendant, and at 
 his special instance and request. 
 
 And also for divers materials and other necessary by the said 
 plaintiff before that time found and provided, and used and 
 applied, in and about the work and labour for the said defendant, 
 and at his like special instance and request — And being, so in- 
 debted to the said defendant in consideration thereof after- 
 wards to wit on the day and year and at the place aforesaid under- 
 took and then and there faithfully promised the said plaintiff to 
 pay him the said last mentioned sum of money when he the said 
 defendant should be thereunto afterwards requested — Yet the 
 said defendant (although often requested so todo) has not as 
 yet paid to the said plaintiff the said last mentioned sum of money, 
 or any part thereof; but so to do has hitherto wholly neglected 
 and refused, and still does neglect and refuse — To the damage of 
 the plaintiff of five hundred dollars, and therefore he sues &c. 
 
 Stuart & Lincoln p. q. 
 
 ( Copy of the account sued on ) 
 
 r — 
 "1840 John W. Gray To Archibald Hood D 
 
 st 
 Feb 1 To work and labour done & materials found. $300.00" 
 
 Archibald Hood 
 
 1 
 vs \- Decln 
 
 John W. Gray 
 
 Filed Febry 6" 1840 
 Wm. . Butler clerk 
 
 MR. LINCOLN BECOMES SECURITY FOR COSTS IN 
 THE SUIT OF TYDINGS ET AL VS HATHAWAY 
 
 ET AL, FEBRUARY 16, 1840. 
 
 Litigants in the Illinois of Mr. Lincoln's early years at the 
 
 bar, now and again were without money and the lawyer employed 
 
 in a case became security for court costs. Mr. Lincoln followed 
 
 this practice in the document here reproduced, the original of 
 
498 UNCOLLECTED WORKS OF LINCOLN 
 
 which is now in the library of Brown University at Providence. 
 It appearrs to have been wrongly dated, for February 16, 1840, 
 fell on a Sunday. On motion of the plaintiff's attorney this case 
 was dismissed on March 2, 1840. 
 
 John W. Tydings & ] 
 James H. Widney 
 
 vs \ Sangamon Circuit court 
 
 Wesley Hathaway & 
 Samuel N. FullinwiderJ 
 
 I do hereby enter myself security for costs in this cause, and 
 acknowledge myself bound to pay or cause to be paid all costs 
 which may accrue in this action either to the opposite party, or 
 to any of the officers of the court in pursuance of the laws of 
 the state Dated this 16th day of February A. D. 1840 
 
 A . . Lincoln 
 
 DECLARATION AND PRAECIPE IN THE SUIT OF 
 
 TYDINGS VS. HATHAWAY & FULLINWIDER, 
 
 FEBRUARY 17, 1840. 
 
 ( Herndon- Weik Collection ) 
 
 This declaration and quoted note are from the pen of Mr. 
 Lincoln, but the cover notations are in two other hands. The 
 clerk seems to have added the] word "praecipe", as there is in 
 evidence no request or order to issue a process or at least none 
 in the handwriting of Mr. Lincoln. The latter neglected his 
 usual desire for harmony in the use of the clause, "and still neg- 
 lects and refuses scttodo," with the plural subject, "the said de- 
 fendants." Such an error is not common to his legal papers, but 
 occurs from time to time. The declaration and praecipe repre- 
 sent the only evidence of Mr. Lincoln's connection with a case, 
 the history of which has not been made known by studies up to 
 the present time. 
 
 State of Illinois 
 
 l 
 
 Of the March term of the 
 
 Sangamon county & 
 
 \ 
 
 circuit court of said county 
 
 circuit 
 
 J 
 
 A. D. 1840. 
 
 John W. Tydings and James H. Widney, plaintiffs, trading 
 and doing business under the name style and firm of Tydings & 
 Widney, complain of Wesley Hathaway and Samuel N. Fullin- 
 wider being in custody &c of a plea that they render unto the 
 said plaintiffs the sum of eleven hundred and eight dollars, and 
 twenty four cents, which they owe to and unjustly detain from 
 
UNCOLLECTED WORKS OF LINCOLN 499 
 
 them: For that whereas the said defendants, heretofore, towit, 
 on the eleventh day of May in the year of our Lord one thou- 
 sand eight hundred and thirtyseven, at the county and circuit 
 aforesaid, by their certain writing obligatory, sealed with their 
 seal ,and signed thus "W. Hathaway" "S. N. Fullinwider" and 
 now shown to the court, the date whereof is the day and year 
 aforesaid, acknowledged themselves to be held and firmly bound 
 unto the said plaintiffs by their firm name of Ty dings & Widney 
 in the sum of eleven hundred and eight dollars and twenty-four 
 cents above demanded, to be paid to the said plaintiffs twelve 
 months after the date of the said writing obligatory ; yet the said 
 defendants, (although often requested sotodo) have not as yet 
 paid the said sum above demanded to the said plaintiffs; but 
 have hitherto wholly neglected and refused, and still neglects and 
 refuses soto do. To the damage of the said plaintiffs of one hun- 
 dred dollars, and therefore they bring their suit &c. 
 
 Stuart & Lincoln p. q. 
 (Copy of the instrument sued on) 
 "Twelve months after date we or either of us promise to 
 pay Tydings & Widney or order Eleven hundred and eight dol- 
 lars and twentyfour cents, for value reed, as witness our hands 
 and seals this eleventh day of May 1837 — 
 
 W. Hathaway (Seal 
 S. N. Fullinwider (Seal)" 
 Tydings & Widney 
 
 l 
 
 vs \- Decl & precipe 
 
 J 
 
 Hathaway & Fullinwider 
 
 filed Feby 17th 1840 
 Wm Butler elk 
 
 DECLARATION IN THE SUIT OF TROTTER VS. 
 
 LASWELL AND ELKIN, SANGAMON CIRCUIT COURT, 
 
 FEBRUARY 18, 1840. 
 
 (Herndon-Weik Collection) 
 
 Mr. Lincoln penned this declaration, praecipe, and quoted 
 
 note. The cover notations are also in his hand, but the date of 
 
 filing is in another handwriting, not characteristic of Butler's 
 
 usual large and bold hand. The comma after the words, "one 
 
 thousand," preceding "eight hundred and thirty eight,'' is not com- 
 
500 UNCOLLECTED WORKS OF LINCOLN 
 
 mon with Mr. Lincoln, but it appears in more than one of his 
 legal documents. It will be noted that he used a double "s" in 
 "Lasswell" , whereas the clerk used (( Laswell" in other cases to 
 which this gentleman was a party. The quoted note used the 
 double "s", leading to speculation as to the way in which Laswell 
 spelled his name. Lawyer Lincoln gave both spellings of "Gar- 
 ret" in his legal documents using the first name of the one-time 
 sheriff of Sangamon County. Dr. Elkin, who is listed as "Garret 
 Elkin" in many cases, was elected sheriff in 1834, but Mr. Lin- 
 coln vated for his friend, Deputy-Sheriff Dickinson. The case 
 was continued on March 6, 1840; research up to this time has 
 made no further record available. 
 
 State of Illinois ] Of the March term of the 
 
 Sangamon county }- circuit court of said 
 
 and Circuit J county A. D. 1840— 
 
 George Trotter, plaintiff, complains of Thomas Lasswell and 
 Garrett Elkin, defendants, being in custody &c of a plea of Tres- 
 pass on the case upon promises : For that whereas heretofore to- 
 wit, on the twentyfourth day of December in the year of our 
 Lord one thousand, eight hundred and thirtyeight, at the county 
 and circuit aforesaid, the said defendants made their certain 
 promissory note in writing, said Elkin signing his name thereto 
 "G. Elkin" bearing date the day and year aforesaid, and thereby 
 then and there promised to pay, on or before the first day of 
 February (then) next (ensuing) to the said plaintiff or order, 
 the sum of one hundred and five dollars with twelve per cent 
 interest from the date of said promissory note till paid, for value 
 received, and then and there delivered the said promissory note 
 to the said plaintiff; by means whereof, and by force of the 
 statute in such case made and provided, the said defendants, 
 then and there became liable, to pay to the said plaintiff the said 
 sum of money in the said promissory note specified according to 
 the tenor and effect of the said promissory note, and being so 
 liable, they, the said defendants, in consideration thereof, after- 
 wards to wit on the same day of the making of the said promis- 
 sory note at the county and circuit aforesaid, undertook, and then 
 and there faithfully promised the said plaintiff to pay him the 
 said sum of money in the said promissory note specified, accord- 
 ing to the tenor and effect thereof — Yet the said defendants 
 (although often requested sotodo) have not as yet paid to the 
 said plaintiff the said sum of money in the said promissory note 
 specified, or any part thereof ; but so to do, have hitherto wholly 
 
UNCOLLECTED WORKS OF LINCOLN 501 
 
 neglected and refused, and still do neglect and refuse so to do. 
 To the damage of the said plaintiff of two hundred dollars, and 
 therefore he sues &c. 
 
 Stuart & Lincoln p q 
 
 (Copy of the note used on) 
 
 "On or before the first day of February next we promise to 
 pay George Trotter or order one hundred & five dollars with 12 
 per cent interest from this date till paid value received this 24th 
 day of December, 1838 
 
 Thomas Lasswell 
 
 G Elkin" 
 
 George Trotter 
 
 vs 
 Thomas Lasswell & 
 Garrett Elkin 
 
 Trespass on the case 
 promises — 
 Damage $200.00— 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above cause — 
 
 Stuart & Lincoln p. q — 
 George Trotter 
 
 1 
 
 vs [ Decln Precipe 
 
 J 
 
 Thomas Lasswell 
 Garrett Elkin — 
 Filed Feby 18 1840 
 Wm Butler clck 
 
 PLAINTIFF'S DECLARATION IN THE SUIT OF SPEAR 
 VS. CAMP, FEBRUARY 20, 1840 
 (Herndon-Weik Collection) 
 The declaration in this suit, including quoted note, endorse- 
 ments, and cover notations, the date of filing excepted, are in the 
 hand of Attorney Lincoln. The unusual separation of the words, 
 "eighty four," may be a quotation from the note, as the same 
 separation appears in the quoted note. The usual joining of such 
 words is found in other Lincoln documents. Mr. Lincoln 
 wrote "non-payment" in his first use of the word, but thereafter 
 employed the two words, "no payment." It will be noted that he 
 made a slight error in the omission of the word, "avers", in the 
 phrase, "and the plaintiff that said Ragsdale being so liable" as 
 
502 UNCOLLECTED WORKS OF LINCOLN 
 
 he did in leaving out the word "there", in the clause, (t and then 
 and faithfidly promised the said plaintiff . . ." The spelling of 
 judgment" as "judgement" appears to have been habitual with 
 Mr. Lincoln in these early legal papers, as does "ballance" for 
 "balance." This case was tried before Judge Treat on March 13, 
 1840, and in due time a decision was rendered m favor of Spear, 
 whose friendship for Mr. Lincoln dated from the latter* s first 
 years in New Salem. 
 
 State of Illinois ] 
 
 Sangamon county j- ss Of the March term of the circuit 
 
 and circuit court of said county A. D. 1840 — 
 
 Isaac P. Spear, plaintiff, complains of William Camp de- 
 fendant, being in custody &c of a plea of Trespass on the case 
 upon promises: For that whereas on the fifth day of January 
 in the year of our Lord one thousand eight hundred and 
 thirtyeight, at the county and circuit aforesaid, one Frederick 
 
 his 
 A. Patterson, by the name and style of F. A. x Patterson 
 
 mark 
 made his certain promissory note in writing bearing date the day 
 and year aforesaid and thereby then and there promised to pay, 
 on or before the first day of October next after the date of 
 the said promissory note, to the said defendant William Camp 
 or order, one hundred and fif tyf our dollars and eight four cents ; 
 for value receive of him, and then and there delivered the said 
 promissory note to the said defendant — And afterwards, towit, 
 on the first day of September in the year of our Lord one 
 thousand eight hundred and thirtyeight at the county and circuit 
 aforesaid, the said defendant, to whom or to whose order 
 the said sum of money in the said promissory note 
 specified was to be paid, by his endorsement in writing on the 
 back of the said promissory note, signed with his hand and dated 
 the same day and year last aforesaid, assigned the said 
 promissory note to the said plaintiff Isaac P. Spear — And 
 afterwards, towit on the tenth day of October in the 
 year aforesaid, the said plaintiff Isaac P. Spear, by his endorse- 
 ment in writing on the back of said promissory note, signed 
 with his hand, the date whereof is the day and year last afore- 
 said, assigned the said promissory note to one Daniel Rags- 
 dale. And afterwards, towit on the sixth day of December, 
 in year aforesaid the said Ragsdale by endorsement in writ- 
 ing on the back of the said promissory note, signed with 
 
UNCOLLECTED WORKS OF LINCOLN 503 
 
 his hand, the date whereof is the same day and year last afore- 
 said, assigned the said promissory note to Grimsley & Lever- 
 ing — And the plaintiff avers that afterwards towit on the 
 eighth day of December in the year aforesaid, William P. Grim- 
 sley and Lawrison Levering merchants and partners, trading un- 
 der and known by the name style and firm of Grimsley & Lever- 
 ing sued out from the clerks office of the circuit court for 
 Sangamon county a summons in an action of Trespass on the 
 case against the said Frederick A. Patterson for the non-payment 
 of the said sum of money in the said promissory note speci- 
 fied. And that such proceedings were had on the said summons 
 and in the suit thereby instituted, that at the March term 
 of the circuit court for Sangamon county, in the year of our 
 Lord one thousand eight hundred and thirtynine, on the sixth day 
 of said term, the said William P. Grimsley and Lawrison 
 Levering recovered Judgement against the said Frederick A Pat- 
 terson for the non payment of the promissory note aforesaid, 
 for the sum of one hundred and fiftyeight dollars and ninetysix 
 cents damages, being the amount of principal and interest due 
 on the promissory note aforesaid, — And afterwards towit, on 
 the twentyseventh day of March in the year aforesaid an 
 execution of Fieri Facias, issued on said Judgement from the 
 clerks office of the circuit court for Sangamon county, di- 
 rected to the Sheriff of Sangamon county against the estate of 
 the said Frederick A. Patterson for the said sum of one hun- 
 dred a,nd fiftyeight dollars and ninetysix cents damages and seven 
 dollars and twelve and a half cents costs of said suit — Which 
 execution afterwards towit, on the first day of April in the year 
 last aforesaid, at the county and circuit aforesaid came to the 
 hands of Garrett Elkin who then was and still is Sheriff of 
 Sangamon county — And afterwards, towit on the fourteenth 
 day of June in the year last aforesaid, the said Garrett Elkin 
 Sheriff of Sangamon county aforesaid returned said execu- 
 tion to the clerks office of the circuit court for Sangamon county 
 with an endorsement thereon, that he had made by the sale of 
 property the sum of thirty dollars, and fifty cents and that 
 there was no other property found to satisfy said execution, all 
 of which more fully, and at large appears by the record and pro- 
 ceedings in said suit now of record in this court — By means 
 whereof the said Daniel Ragsdale became liable to pay to the 
 said Lawrison Levering and William P. Grimsley the sum of 
 one hundred, and fortyfive dollars 
 
504 UNCOLLECTED WORKS OF LINCOLN 
 
 being the balance of principal, interest, and costs due on said 
 judgment after deducting the said sum of thirty dollars and fifty- 
 cents made on said execution, and the plaintiff, said Ragsdale 
 being so liable, he did on the said fourteenth day of June in the 
 year last aforesaid, at the county and circuit aforesaid, the said 
 Ragsdale paid to the said William P. Grimsley and Lawri- 
 son Levering Merchants trading under, and known by the name 
 style and firm of Grimsley & Levering the said last mentioned 
 sum of money 
 
 By means of all which and by force of the statute in such 
 case made and provided the said plaintiff Isaac P. Spear, be- 
 came liable and bound to pay to the said Ragsdale the said sum 
 of money last aforesaid, being the ballance due on the judgement 
 aforesaid — And the plaintiff avers, that afterwards towit on 
 the fourteenth day of June in the year last aforesaid, the said 
 Daniel Ragsdale sued out from the clerks office of the circuit 
 court for Sangamon county a summons in an action of Tress- 
 pass on the case against the said plaintiff Isaac P. Spear for the 
 non payment of the sum of money last aforesaid, and that such 
 proceedings were had on the said last mentioned summons and 
 in the suit thereby instituted that at the July term of the cir- 
 cuit court for Sangamon county in the year last aforesaid, on 
 the seventh day of said term, the said Daniel Ragsdale 
 recovered judgment against the said plaintiff, Isaac P. Spear, 
 for the non payment of the sum of money last aforesaid, for 
 the sum of one hundred and fortyfour dollars and twentyfive 
 cents damages, being the amount for which he was then 
 
 liable to the said Ragsdale upon the premises aforesaid and after- 
 wards towit, on the first day of August in the year last afore- 
 said, an execution of Fieri facias issued on said last mentioned 
 judgement from the clerks office of the circuit court for Sanga- 
 mon county directed to the Sheriff of Sangamon county, against 
 the estate of the said plaintiff Isaac P. Spear, for the said sum 
 of one hundred and fortyfour dollars & twentyfive cents debt 
 and fourteen dollars and sixtyeight and three quarters cents 
 costs of said last mentioned suit — Which execution afterwards, to 
 wit on the fifteen day of August in the year last aforesaid at 
 the county and circuit aforesaid came to the hands of Sheriff 
 Elkin who then was and still is Sheriff of Sangamon county — 
 And afterwards towit on the twenty sixth day of October in the 
 year last aforesaid returned said execution to the clerks office 
 of the circuit court for Sangamon county, with an endorsement 
 
UNCOLLECTED WORKS OF LINCOLN 505 
 
 thereon that the same was satisfied all of which more fully 
 and at large appears by the record and proceedings in said last 
 mentioned suit now of record in this court — By means of all 
 which the plaintiff avers that he has fully paid the damages, 
 interest, and costs, of the said last mentioned judgment, towit, on 
 the said ninteenth day of October in the year last aforesaid, 
 at the county and circuit aforesaid — 
 
 By means of all which, and by force of the statute in such 
 case made and provided, the said defendant became liable to 
 pay to the said plaintiff the sum of one hundred and seventyone 
 dollars & thirtyfour cents being the sum paid by said plaintiff 
 on the said last mentioned execution, and being so liable, he 
 the said defendant, in consideration thereof afterwards towit 
 on the day and year last aforesaid, at the county and circuit 
 aforesaid undertook and then and faithfully promised the said 
 plaintiff to pay him the said last mentioned sum of money when 
 he should be thereunto afterwards requested — 
 
 Yet the said defendant (although often requested so to do) 
 hath not paid to the said plaintiff the said last mentioned sum 
 of money or any part thereof, but so to do hath hitherto wholly 
 neglected and refused and still doth neglect and refuse — To the 
 damage of the said plaintiff of two hundred and fifty dollars, and 
 therefore he sues &c 
 
 Stuart & Lincoln p q — 
 Copy of note and endorsements 
 "January 5th 1838 
 
 On or before the first day of October next 
 I promis to pay to William Camp or order one hund- 
 red & fifty four dollars and eighty four cts for value 
 received of him 
 
 his 
 Test F. A. x Patterson" 
 
 mark 
 N. W. Matheny 
 
 ( Endorsements on note ) 
 I assign the within note to Isaac P. Spear, Sept. 1st 1838 
 
 William Camp 
 Value reed I assign the within note to Dan 
 iel Ragsdale 
 
 Oct. 10th 1838 Isaac P. Spear" 
 
 Value received I assign the within note to 
 
 Grimsley & Levering. Dec. 6 1838. Daniel Ragsdale" 
 
506 UNCOLLECTED WORKS OF LINCOLN 
 
 Isaac P. Spear 
 
 vs i Decln 
 
 J 
 
 William Camp 
 
 Filed Feby 20th. 1840 
 Wm. Butler Clk 
 
 APPEAL BELIEVED TO HAVE BEEN ADDRESSED BY 
 
 LINCOLN TO THE READERS OF THE OLD 
 
 SOLDIER, FEBRUARY 28, 1840 
 
 One of the methods employed by the Whig leaders in Illi- 
 nois to secure votes for the Harrison electors in 1840 was a 
 campaign sheet to which, in honor of their candidate, they gave 
 the title The Old Soldier. Published from the office of the 
 Sangamo Journal the first number appeared on February 1, and 
 the last of its seventeen numbers on September 30. Lincoln was 
 ane of its five editors and is believed to have written the article 
 To the Readers of the Old Soldier which appeared in the issue 
 of February 28 and which reveals the flamboyant phrasing and 
 the methods as an uncompromising partisan employed by him 
 at that stage of his career. 
 
 The circular to which reference is made in the opening 
 sentences was sent out about February 4, and will be found 
 in Nicolay and Hay's Works 1 :142-145. That Springfield in 
 the late winter of 1840 was a place and period much given 
 to short tempers, mid quick resentment of imagined offense 
 has amusing proof in a letter Lincoln sent off to Stuart 
 the day after the appeal here reproduced appeared in The Old 
 Soldier. "Douglas," the Whig champion wrote his partner m 
 Washington, "having chosen to consider himself insulted by 
 something in the Journal undertook to cane Francis (its editor) 
 in the street. Francis caught him by the hair and jammed him 
 back against a market-cart, where the affair ended by Francis 
 being pulled away." And the Missouri Republican reporting the 
 incident on March 16, added this excuse for the editor of the 
 Journal: "Francis, who is a good-natured, fat, hearty, clever 
 man, loves a laugh much better than personal difficulty." 
 
 Some time since the undersigned sent a Circular to particular 
 individuals in several Counties of this State, urging them to use 
 their best exertions to organize, and form into "battle array" the 
 friends of Geji. Harrison, for the approaching contest. This 'Cir- 
 
UNCOLLECTED WORKS OF LINCOLN 507 
 
 cular we marked "Confidential." We did so, because we knew, 
 that nothing short of utmost secrecy, on the part of even our own 
 friends, could enable it to "clear the clutches" of the Post Office, 
 and reach any tolerable portion of its points of destination. 
 As we anticipated, it has been pirated from the mail, and pub- 
 lished by the Van Buren papers. Of course, all copies of it, 
 which have not reached their addresses, will not now be per- 
 mitted to do so. We therefore urge upon our friends in those 
 counties which this circular has never reached, (if the paper 
 containing the article shall ever reach them) to go to work and 
 organize themselves in the most efficient manner, for routing the 
 enemies of the country and of Gen. Harrison, from the councils 
 of the nation. 
 
 The Van Buren papers raise many objections to the Cir- 
 cular in question. They affect the greatest horror, that it should 
 have been marked "Confidential". Had they not better reserve 
 their horror for the contemplation of the fact, that their friends 
 "robbed the mail" to get hold of it? And does not the fact that 
 they did thus rob the mail, justify, nay, even imperiously require, 
 every honest man to use every possible precaution, to enable his 
 communications to pass unembezzled through the post offices, 
 to their destination? 
 
 But, again, it is objected that we, the undersigned, are the 
 editors of "The Old Soldier," as it is urged appears from this 
 confidential Circular. This assumption the Circular does not 
 warrant. In it, we say "The Old Soldier" will be superintended 
 by us. Of course we are responsible for its contents; and we 
 desire to shun no part of the responsibility, arising from its 
 management. But while we say this, we also say to the friends 
 of Gen. Harrison every where, that they, as well as we, are the 
 editors of "The Old Soldier." And we now invite them — par- 
 ticularly those who have seen Gen. Harrison, where cowards 
 dared not show their heads — where storms of "leaden rain and 
 iron hail" carried death and desolation in their course — where 
 his erect figure, stationed in the loftiest rampart, and seen from 
 every part of the theatre of action ; and his voice, rising in 
 trumpet tones above the roaring of the death-dealing tempest, — 
 gave '"form and spirit to the war"; them, we invite to aid us, 
 in filling its columns with such "burning truths" and "confound- 
 ing arguments" as will stop the ears of the Old hero's thous- 
 and tongued caluminators. 
 
 What credit or discredit "The Old Soldier" may derive from 
 
508 UNCOLLECTED WORKS OF LINCOLN 
 
 our names, is not for us to determine. We have not thrust those 
 names upon the public; but now that our enemies have, we only 
 say : "There they are ; let those assail them who can." Upon the 
 authority of those names, (whether that authority be good or 
 bad,) we assure the readers of "The Old Soldier," that nothing 
 shall appear in the columns, as facts, which we do not, on the 
 fullest investigation in our power to make, believe to be true. 
 No "vile falsehood" shall enter them. It is our intention, that 
 our friends every where may, without fear of successful con- 
 tradiction, repeat whatever they may find, stated as a fact, in 
 the columns of "The Old Soldier." 
 
 But the Van Buren papers object to the friends of Gen. 
 Harrison organizing. We urge that organization; and we insist 
 that it is not for our opponents to inveigh against it. They set 
 us the example of organization ; and we, in self defense, are 
 driven into it. If they now wish disbanding, let them set the 
 example. Let them disband their double-drilled-army of "forty 
 thousand office holders," a part of whose regular tactics it is, 
 to pilfer letters and papers from the mails, lest the old soldiers, 
 who have fought and bled with Gen. Harrison may all learn that 
 he is now a candidate for the Presidency. 
 
 With our own friends, we justify — we urge —organization 
 on the score of necessity. A disbanded yeomanry cannot suc- 
 cessfully meet an organized soldiery. 
 
 The old soldiers of the War of 1812-13 - and 1814, remem- 
 ber, that previous to that war, there was no organization amongst 
 them; but immediately on learning that an organized foe was 
 invading their land, they, too organized — met — conquered — 
 killed and drove the foe beyond the "world of waters." To those 
 old soldiers we say — An organized army of office-holders is 
 now fitting out an expedition against your old commander. They 
 are coming armed — (not with bristling steel, because that be- 
 dazzles their eyes — not with powder and balls, because the 
 smell of sulphur offends their nostrils, but) with falsehood, 
 slander, and detraction, upon the characters of yourselves and 
 your chieftain, established in the hard and bloody conflicts with 
 your country's invading enemies. That army too, must be met. 
 Organization must again be had. We, your sons and younger 
 brothers, will form the rank and file; you shall be the generals, 
 and commanders-in-chief. Thus organized we shall meet, con- 
 quer, and disperse Gen. Harrison's and the country's enemies, 
 
UNCOLLECTED WORKS OF LINCOLN 509 
 
 and place him in the chair, now disgraced by their effeminate 
 and luxury-loving chief. 
 
 A. C. Henry 
 
 R. F. Barrett * 
 
 E. D. Baker 
 
 J. F. Speed 
 
 A. Lincoln 
 * Dr. Barrett having taken the office of Fund Commissioner, 
 does not think it proper for him to longer participate Ln the su- 
 perintendence of "The Old Soldier," and he, therefore, with- 
 draws from it. 
 
 DEFENDANT'S AFFIDAVIT DRAWN BY MR. LINCOLN 
 IN THE SUIT OF RAGSDALE & ASHBERRY 
 VS. SPEAR, MARCH 2, 1840 
 Here Mr. Lincoln again appears as counsel for David Spear, 
 a friend of his New Salem days. The original of this affidavit is 
 now in the Illinois State Historical Library at Springfield. The 
 affidavit was drawn by Lincoln, and signed by Spear. The at- 
 testation was by Butler, but the writing before this is not his. 
 A complete history of the case has not been made available. 
 State of Illinois ] 
 
 ^ 
 
 Sangamon CountyJ 
 
 David Spear, the defendant in a certain suit now pending 
 in the Sangamon Circuit Court, wherein Daniel Ragsdale and 
 Monroe Ashberry are plaintiffs, being first duly sworn, states on 
 oath, that he verily believes the said Ragsdale is unable to pay the 
 costs of said suit and that since the commencement of said suit, 
 the said Ashberry has become a nonresident of this state and 
 that he verrily (sie) believes the officers of said court will be en- 
 dangered with respect to their legal demands unless said plain- 
 tiffs be ruled to give security for costs in said suit. 
 
 David Spear 
 Sworn to & subscribed before 
 me March 2d 1840 
 
 Wm Butler Clk 
 
 AFFIDAVIT OF DEFENDANT IN THE SUIT OF 
 
 RAGSDALE AND ASHBERRY VS. SPEAR, SANGAMON 
 
 CIRCUIT COURT, MARCH 2, 1840. 
 
 This affidavit and demand that security for costs be given 
 is in the hand of Mr. Lincoln. Spear signed the affidavit, while 
 
1 
 
 510 UNCOLLECTED WORKS OF LINCOLN 
 
 the filing of the document was attested by Clerk BMer. The 
 handwriting which is signed with the name of Butler is not con- 
 clusively like that of the clerk and friend of Lincoln, but the 
 hand may be \his. A history of this suit has not been made 
 available by research to the present time. 
 
 State of Illinois ) 
 
 ^ ss 
 Sangamon county \ 
 
 David Spear, the defendant in a certain suit now pending in 
 the Sangamon Circuit court, wherein Daniel Radgsdale and Mon- 
 roe Ashberry are plaintiffs, being first duly sworn, states on oath, 
 that the said Ragsdale is unable to pay the costs of said suit and 
 that since the commencement of said suit, the said Ashberry has 
 become a non-resident of this state and that he verrily believes 
 the officers of said court will be endangered with respect to their 
 legal demands unless said plaintiffs be ruled to give security for 
 costs in said suit — 
 
 David Spear 
 Sworn to & Subscribed before 
 me March 2d 1840 
 
 W Butler ck 
 
 COURT ORDER DRAWN BY MR. LINCOLN FOR 
 
 ADMINISTRATORS OF THE ESTATE OF 
 
 CHARLES R. MATHENY TO SELL 
 
 REAL ESTATE, MARCH 3, 1840 
 
 This order, drawn by Mr. Lincoln and approved by Judge 
 Samuel H. Treat, permitted settlement of the estate of an out- 
 standing pioneer of Sangamon County. Charles R. Matheny was 
 born in 1786 in Loudon County, Virginia; became in early man- 
 hood a Methodist Episcopal minister, and in 1805 as a missionary 
 of that church settled in zvhat later became St. Clair County, 
 Illinois. There in addition to preaching, he studied and practiced 
 law, and in 1820 served as a representative in the Territorial 
 Legislature. When Sangamon County was organized in 1821, 
 Matheny accepted an invitation to become its clerk and auditor, 
 and clerk of the circuit court, and with his wife Jemima Ogle set- 
 tled in Springfield. There he was repeatedly re-elected county 
 clerk, and held that office at the time of his death in October, 
 1839. Noah W. Matheney, fifth of the eleven children of Charles 
 R. and Jemima Matheny, by appointment succeeded his father 
 as county clerk, and by successive re-elections held that office for 
 
UNCOLLECTED WORKS OF LINCOLN 511 
 
 thirty-four years. In his last days he was president of the First 
 National Bank of Springfield. James H., another son of Charles 
 R. Matheny, served in the Civil War as a lieutenant- colonel of 
 volunteers and following 1874 was for a period of years judge 
 of Sangamon County. All three of the Matheny s were close and 
 trusted friends of Abraham Lincoln, the father from the latter' s 
 settlement at New Salem. 
 
 Gersham Keys & ) 
 Noah W. Matheny j 
 administrators of | 
 Charles R. Matheny) 
 deceased J- On Petition to sell 
 
 vs | 
 
 The heirs of Charles | Real Estate — 
 
 R. Matheny deceasedj 
 
 This day came the Petitioners and filed their Petition in open 
 court, and it appearing to the court, that due notice of this appli- 
 cation has been given according to law, and Milton Hay, guardian 
 ad litem to the minor heirs in said Petition mentioned, having 
 filed his answer stating that he knows of no reason consistent 
 with the interest of said minors, why the prayer of said Petition 
 should not be granted, and it also appearing to the satisfaction of 
 the court that the obligation of said Petition are true — It is 
 therefore ordered by the court that the said Petitioners sell the 
 real estate described in said Petition, towit : A part of the South 
 East fractional quarter of Section Twentyone in Township Six- 
 teen North of Range Four West, in Sangamon county; also Lots, 
 Four, Five and Six in Block Fortyfive in Petersburg in Menard 
 county — also, Lot one ,and four feet off of the North side of 
 Lot Two, in Block One, in Enos' addition to the town of Spring- 
 field — or so much thereof as will pay the debts of said estate; 
 that it be sold in a credit of six and twelve months, and bond or 
 bonds and security, and a mortgage or morgages taken on the 
 premises, to secure the purchase money — and that said Peti- 
 tioners report their proceedings herein to this court — 
 Adm of Matheny 
 
 vs 
 Heirs of Matheny Order 
 
 PLEA OF DEFENDANT IN THE SUIT OF HOOD VS. 
 GRAY, SANGAMON CIRCUIT COURT, MARCH 5, 1840. 
 This plea is in the hand of Stephen A. Douglas, as are the 
 cover notations, with the exception of the date of filing. It is 
 
 P 
 
512 UNCOLLECTED WORKS OF LINCOLN 
 
 included as a part of the case of Hood vs. Gray, and a document 
 in the hand of Mr. Lincoln's most renowned opponent. Mr. 
 Lincoln appears to have been far more careful in drawing up 
 his legal papers than Douglas, for the latter scrawled his on 
 paper with little or no form. It is interesting to note that he 
 spelled, "alleged", as "alledged" , a spelling frequently used by 
 Mr. Lincoln. The declaration of February 6, 1840 and this plea 
 are the only known evidenec of Mr. Lincoln's connection with 
 a case the history of which has not yet been made available by 
 search of court records. 
 
 Sangamon Co March Term 1840 
 
 Archibald Hood ] 
 
 vs }■ assumpsit 
 
 John W Gray J 
 
 And the said defendant comes & defends the wrong & in- 
 jury when &c and for plea says actio non because he says that 
 he did not undertake and promise in manner as alledged and of 
 this he puts himself upon the country for trial &c 
 
 S A Douglass for 
 Deft 
 Hood 
 
 1 
 vs y assumpsit 
 
 J 
 
 Gray 
 
 Filed Mar 5th 1840 
 
 Wm. Butler Clk 
 
 DEFENDANT'S PLEA IN THE SUIT OF VAUGHN VS. 
 
 RANSDELL, MARCH 6, 1840 
 
 ( Herndon-Weik Collection ) 
 
 The defendant's plea in this suit is not the work of Walker, 
 
 who was a hurried and awkward penman. It appears to be in 
 
 another hand, possibly that of an associate of Walker, or of a 
 
 clerk in the court house. Clerk Butler made the cover notation 
 
 as to date of filing, and Mr. Lincoln penned the words, "And the 
 
 plaintiff doth the like Stuart & Lincoln p q." The jury awarded 
 
 Vaughn, the Stuart & Lincoln client, a judgment of $245.86. On 
 
 March 7, 1840. Walker, attorney for Ransdell, entered a motion 
 
 for a new trial, but the court denied this motion on March 12, 
 
 1840. 
 
UNCOLLECTED WORKS OF LINCOLN 513 
 
 State of Illinois 
 
 Of the November Term of the Sangamon Circuit Court 
 Sangamon County eighteen hundred and thirty nine 
 
 Foley Vaughn ] 
 
 vs j- Assumpsit 
 
 Wharton RansdellJ 
 
 And the said Wharton Ransdell by his attorney comes and 
 defends the wrong and injury when &c and saith that he did 
 not undertake or promise in manner and form as the said Foley 
 Vaughan hath above thereof complained against him and of this 
 he puts himself upon the country &c 
 
 Cyrus Walker for Deft 
 And the plaintiff doth the like 
 Stuart & Lincoln p q. 
 
 Sangamon Circut Court 
 November Term 1839 
 
 Foley Vaughn ] 
 
 vs y Plea 
 
 Wharton RansdellJ 
 
 Filed Mar 6. 1840 
 
 WmButler ck 
 
 AFFIDAVIT IN THE SUIT OF WEBSTER & HICKOX 
 
 VS. COGDAL, SANGAMON CIRCUIT COURT, 
 
 MARCH 7, 1840. 
 
 ( Herndon- Weik Collection ) 
 
 This affidavit is the work of Mr. Lincoln, and was signed 
 by his friend and client, Isaac CogdaL The swearing of the af- 
 fidavit was attested by Butler who also wrote the cover notations, 
 in which he appears to have erred in giving "CogdalV as the 
 name of the defendant. The affidavit offers additional evidence 
 of the use of extra spacing to emphasize words and phrases, as 
 the writing of fidr. Lincoln at many points reveals a distinct 
 separation of words and phrases. Tzventy odd years later Cog- 
 dal, Hhe defendant in the case visited Mr. Lincoln in Washington, 
 and on this visit he supposedly heard the President say that he 
 had left his heart at the grave of Ann Rutledge — a good story 
 for those who delight in romance connected with great men, but 
 Isaac Cogdal is the only authority for it. Mr. Lincoln recorded 
 on December 4, 1839, in the fee book of Stuart & Lincoln, a 
 
514 UNCOLLECTED WORKS OF LINCOLN 
 
 notation of his employment by Cogdal, in the case, but this entry 
 with the affidavit of March 7 are the only known records of its 
 existence. Studies to date have not made known its history, with 
 exception of CogdaVs statement that judgment had been rendered 
 against him on March 7, 1840 in the sum of ninety odd dollars. 
 This is clear from internal evidence in the affidavit. Virgil 
 Hickox was known to Abraham Lincoln from New Salem days, 
 for it was he who was witness to the drawing of the note which 
 began the ventures in that place of Denton Offutt, young Mr. 
 Lincoln's one-time employer. 
 State of Illinois ) 
 
 J- ss 
 Sangamon county J 
 
 Isaac Cogdal, the defendant in an appeal case in the Sanga- 
 mon circuit court, wherein Bela C. Webster and Virgil Hickox, 
 trading and doing business under the firm name of "Webster & 
 Hickox" are plaintiffs, being first duly sworn, states on oath, 
 that he arrived at the court house on this day, and was surprised 
 to learn that judgment for ninety odd dollars had been rendered 
 against him in his absence; that the reason of his being absent 
 was, that the summons in the case was read to him notifying 
 him to appear on the second monday of March; that he was 
 making all due preparation for a trial on that day; that he had, 
 at considerable labour and expense, procured witnesses to be in 
 attendance on that day from another county; that he verrily be- 
 lieves on a fair and just settlement of accounts between the plain- 
 tiffs and him, the plaintiffs are indebted to him, and that he 
 will be able to prove it so, in case he can have a fair trial of the 
 cause; that this application is made for the purpose that justice 
 may be done ; and for no other purpose whatever — In order 
 that no hardship may be imposed upon the plaintiffs by the grant- 
 ing of a new trial, the defendant proposes to admit on the trial 
 that their charges against him are correct, and only insist upon 
 his payments and set offs — 
 
 Subscribed & sworn to before me Isaac. Cogdal 
 
 this 7th day March. 1840 
 
 Wm Butler Clk 
 Cogdall 
 
 i 
 
 ads }- affa 
 W & Hickox 
 
UNCOLLECTED WORKS OF LINCOLN 515 
 
 filed Mar 7th 1840 
 Wm Butler Ck 
 
 PLEA OF THE DEFENDANT IN THE SUIT OF SPEAR 
 
 VS. CAMP, SANGAMON CIRCUIT COURT, 
 
 MARCH 7, 1840. 
 
 ( Herndon- Weik Collection ) 
 
 Stephen Trigg Logan, later the law partner of Mr. Lincoln, 
 drczv the plea and cover notations in this case, while Clerk Butler 
 wrote the date of filing. Mr. Lincoln made the customary answer 
 to the plea, "And the plaintiff doth the like," and signed it for 
 Stuart & Lincoln, p. q. The Logan handwriting is easy to read, 
 but less neat than that of Mr. Lincoln. . . The able lawyer and 
 judge was careless of small and capital letters, as were most of 
 the attorneys of his day. As seen by the declaration of February 
 20, 1838 this was an action brought for trespass upon the case 
 upon promises. On March 6, 1840 the plaintiff made his joinder 
 to this plea which was filed March 7, 1840. The court heard the 
 case on Friday, March 13, 1840 after having given permission 
 to Stuart & Lincoln to amend their declaration. The court heard 
 the case, and took time to consider, but the result of that con- 
 sideration has not been made known by study up to this time. 
 
 Isaac P. Spear ) 
 
 vs }- In assumpsit 
 
 William Camp 
 
 And the defendant comes and defends the wrong and injury 
 when where &c and says he did not undertake and promise in 
 manner and form as the plaintiff in his declaration hath alleged 
 and of this he puts himself upon the country 
 
 Logan pd — 
 And the plaintiff [ 
 doth the like— \ 
 
 Stuart & Lincoln, p. q. 
 
 I. P. Spear 
 
 l 
 
 vs )■ plea 
 
 W Camp 
 
 Filed Mar 7th 1840 
 Wm Butler Clk 
 
516 UNCOLLECTED WORKS OF LINCOLN 
 
 AFFIDAVITS IN APPEAL FOR A NEW TRIAL IN THE 
 
 SUIT OF MANNING VS. MORGAN, MARCH 9, 1840 
 
 ( Herndon- Weik Collection ) 
 
 The first and second of the three affidavits here reproduced 
 are not in the hand of Stuart or Lincoln, attorneys for the defen- 
 dant, except possibly the signature of Hall; but William Butler 
 wrote the cover notations, and attested to the swearing of all 
 three affidavits. The only handwriting in the third affidavit by At- 
 
 his 
 torney Lincoln is found in the signature, "Abner \x Hall." A. 
 
 mark 
 Lincoln signed the "A. Lincoln" of the second affidavit, and the 
 u Abner x Hall" in the first affidavit appears to be in ftis hand. Jt 
 would appear that in this case Mr. Lincoln was seeking to regain 
 ground lost through an error of judgment, and filed the three 
 affidavits in an attempt to regain it. 
 
 William Manning ] 
 vs \ 
 
 Martin L Morgan &cj In Debts 
 
 The Defendant, Hall States on oath, that he was surprized on 
 the trial of this Cause by the Court refusing to allow him to 
 prove that the writing obligatory sued on was delivered by 
 him as an escrow, in consequence of his affidavit not being 
 filed before the Jury were Sworn. He states that he believed 
 and was so advised by his counsel, that the affidavit filed after 
 the jury was sworn would be in time, else he would have filed 
 his affidavit before the Jury sworn. 
 
 He states that he could & would have proven by Ambury Ran- 
 kin, if the Court had permitted, and if a new trial be granted 
 he will prove, that he delivered the writing sued on as an es- 
 crow, to said Rankin upon condition that it should not be de- 
 livered as his act and deed until other responsible men had signed 
 & delivered the same on sureties, which [the] condition has not 
 
 been performed He asks a new trial not for delay but Justice 
 
 his 
 Abner x Hall 
 mark 
 Sworn to before me this 
 9" day of March 1840 
 
 Wm Butler elk 
 
UNCOLLECTED WORKS OF LINCOLN 517 
 
 In the above case Abram Lincoln states he was attorney 
 for Defendant Hall & that he was informed before the trial, of 
 the defense set out by Deft Hall in foregoing affidavit, and 
 that he did not believe that it was necessary to file any affi- 
 davit denying the execution of the writing sued on before the 
 jury were sworn, or he would have done so, and he was the more 
 confirmed in such being the case by the fact that he mentioned 
 the defense of an escrow, before the trial & the plaintiff's counsel 
 refused to have the jury sworn until the Subscribing Witness 
 was present — Affidavit states that he Was surprized at the decision 
 given as aforesaid. A Lincoln 
 
 Sworn to before me this 
 9" day of March 1840 
 Wm Butler elk 
 Hall 1 
 
 ads V affa 
 Manning] 
 
 Filed 9th March 1840 
 Wm..Butler Clk 
 
 William Manning ] 
 
 vs \- Debts 
 
 Martin L Morgan &cj 
 
 Abner Hall one of the Defendants makes oath that he has filed 
 his plea of non est factum in this s[uit] denying that the instru- 
 ment sued on is his deed, & now according to the act of assembly 
 [ ?] in such case provided states on oath that the writing de- 
 scribed in plaintiffs declaration & sued on is not his act & deed. 
 March 9th 1840 
 
 his 
 Sworn to this 9th Abner x Hall 
 
 mark 
 day of March 1840 
 
 Wm..Butler Clk 
 
 PLEAS IN THE SUIT OF MANNING VS. MORGAN ET 
 
 AL, SANGAMON CIRCUIT COURT, UNDATED 
 
 BUT PROBABLY MARCH 9, 1840. 
 
 ( Herndon- Weik Collection ) 
 
 This plea and cover notations are the work of Mr. Lincoln 
 
 with two exceptions. Stephen T. Logan, his second partner, 
 
 wrote the words, "And the plaintiff doth the like," and signed his 
 
518 UNCOLLECTED WORKS OF LINCOLN 
 
 name thereto. He also penned the words, "Demurrer in short 
 by consent/' and "Joinder," signing for himself, and Lincoln p. d. 
 The word, "oyer," is merely the legal court term for a hearing. 
 The demurrer was an assertion that granting the previous plead- 
 ing to be true, there was insufficient evidence to proceed further 
 in the case. Hall stated in his affidavit of March 9, 1840 that 
 his plea had been filed, and it seems probable that it was filed on 
 the same day, when Mr. Lincoln signed it in his name. 
 
 William Manning *| 
 
 vs 
 Martin M. Morgan \ In Debt 
 
 Samuel Sackett & 
 Abner Hall J 
 
 And the said defendant Hall, comes and defends the wrong 
 and injury where, when &c and craves oyer of the said supposed 
 writing obligatory &c &c and says that the said writing obligatory 
 is not his deed; and of this he puts himself upon the country &c. 
 
 And the plaintiff doth the like 
 
 Logan pq 
 
 And for further plea in this behalf the said defendant, Hall, 
 comes and defends the wrong and injury when &c. and craves 
 oyer of the said supposed writing obligatory &c &c. and says the 
 said writing obligatory was executed without any consideration — 
 that on the thirteenth day of November in the year of our Lord 
 one thousand eight hundred and thirty two, the said plaintiff 
 sold without any previous request of the said Hall, to one Martin 
 M. Morgan goods amounting in value to two hundred and sixty- 
 eight dollars and thirtyfive cents, upon which sale the plaintiff 
 gave the said Morgan a credit of six months from the thirteenth 
 day of November aforesaid; that afterwards, towit, on the 
 twentysecond day of December in the same year aforesaid, the 
 said plaintiff applied to the said Hall to secure the debts con- 
 tracted by the said Morgan as aforesaid, whereupon the said Hall 
 executed the said writing obligatory declared on binding him- 
 self with the said Morgan to pay the sum of money aforesaid at 
 the expiration of six months from the said thirteenth day of 
 November in the year aforesaid, and this he is ready to verify, 
 wherefore &c. &c. 
 
 Stuart & Lincoln p. d. 
 
 Demurrer in short by consent 
 
 Joinder 
 
 Logan pq 
 
UNCOLLECTED WORKS OF LINCOLN 
 
 519 
 
 Hall 
 
 ats y 
 
 J 
 
 Manning 
 
 Pleas 
 
 LINCOLN AS COMMISSIONER DEEDS LAND TO 
 WILLIAM BUTLER, MARCH 9, 1840 
 On July 8, 1839, Judge Treat appointed Mr. Lincoln com- 
 missioner to convey the land involved in the suit of Butler vs. 
 Tilford and others, dealt with in another place. What followed 
 this action of the court is set forth in the order and deed re- 
 produced below. 
 
 March 9, 1840 
 Whereas at the November Term, in the year of our Lord 
 One thousand eight hundred and thirty nine of the Sangamon 
 County Circuit Court, a decree was made by said Court in the 
 words following to Wit : 
 
 William Butler 
 
 against 
 William Tilford 
 William Smith 
 Jonathan Morgan 
 William H. Whittington 
 & Thomas Smith 
 
 Complainant 
 
 ►Defendants 
 
 In Chancery 
 
 This day came the Complainant by his solicitor and in his 
 motion. It is ordered that his bill be dismissed as to the de- 
 fendant William Smith, and it appearing to the satisfaction of 
 the Court that the subpoena in this cause has been duly served 
 on the defendant William Tilford, and that notice of the pen- 
 dancy of this suit has been given to the defendants Jonathan 
 Morgan, William H. Whittington and Thomas Smith by publish- 
 ing the same for five weeks successively in the Sangamo Jour- 
 nal, a newspaper printed in Springfield, Illinois, the first publi- 
 cation on the first day of April the last on the twenty second day 
 of said month in the year Eighteen hundred and thirty seven, 
 and the said defendants having failed to enter their appearance 
 herein, and to answer to the complainant's Bill, it is ordered 
 that the same be taken as confessed against them : and it ap- 
 pearing to the court that Abraham Lincoln who was appointed 
 to make a survey of the premises in the Bill and exhibits men- 
 
520 UNCOLLECTED WORKS OF LINCOLN 
 
 tioned has made and filed his report of said survey which report 
 is approved by the Court — and the cause now come in to be 
 heard on the Bill and exhibits filed, and the said report and the 
 Court being sufficiently advised of and concerning the premises 
 and being satisfied that the allegations of Complainant's Bill are 
 true It is now ordered, that the defendants, Thomas Smith and 
 William Til ford convey to the complainant the tract of land in 
 the Bill exhibits and said report mentioned and described, to 
 Wit: That part of the North half of the North East quarter 
 Section five in Township Fifteen North Range seven West of 
 the third principal meridian which is bounded as follows, 
 
 Beginning at the North West corner of said quarter section 
 thence East six chains and forty links to a rock at a point in- 
 tersecting a fence owned by Elkanah Butler in his life time ; and 
 being thirty three chains and forty nine links west of the North 
 East corner of said quarter, thence south two degrees West 
 twenty nine chains and seventy links to the southern boundary 
 of said quarter thence West five chains and forty links to the 
 South West corner of said half quarter Section, thence North 
 twenty nine chains and sixty four links to the beginning, con- 
 taining seventeen acres and seventy two hundredths of an acre, 
 and that they convey said land to the complainant on or before 
 the first day of the next term of this court, and if they do not 
 convey said land to the complainant on or before the first day 
 of the next Term of this court, It is ordered that Abraham 
 Lincoln be appointed commissioner to convey the same and that 
 he convey to complainant by deed, all the right which the said 
 William Til ford, William H. Whittington, and Thomas Smith, 
 or either of them had to said land at the commencement of this 
 suit — and it is further advised that complainant recover of 
 said Defendants his costs in this suit expended. 
 
 And, It is further ordered that Abraham Lincoln be allowed 
 the sum of seven dollars for his services as surveyor in survey- 
 ing, and make Report of the proceeding in pursuance of an 
 order of this Court. 
 
 And whereas the said defendants Thomas Smith and 
 William Til ford failed to convey to the said complainant the 
 said tract of land in the said decree described on or before the 
 first day of the term of said Court next after the making of said 
 decree as by the said decree they were ordered to do. 
 
 Now therefore I, Abraham Lincoln by virtue of the author- 
 ity by law, and by the aforesaid decree in me vested, and in 
 
UNCOLLECTED WORKS OF LINCOLN 521 
 
 consideration of the premises aforesaid, do hereby grant, bargain 
 and sell unto the said complainant William Butler, and to his 
 heirs and assigns forever, all the right which the said William 
 Til ford, William H. Whittington and Thomas Smith, or either 
 of them had to the tract of land in said Decree described at the 
 time otf the commencement of the suit on which said decree 
 was rendered. 
 
 To have and to hold, to the said William Butler his heirs 
 and assigns forever the aforesaid tract of land together with all 
 and singular the privileges and appurtances thereunto belong- 
 ing — 
 
 In testimony whereof I have hereunto set my hand and 
 seal this ninth day of March in the year of our Lord one thou- 
 sand eight hundred and forty. — 
 
 A. Lincoln 
 
 State of Illinois ] 
 
 \. SS 
 
 Sangamon County J 
 
 Be it known that on this 9th day of March, 1840 Before 
 the undersigned Judge of the circuit court for the county afore- 
 said, personally appeared Abraham Lincoln to me personally 
 known to be the identical person described in & who executed 
 the foregoing deed as grantor and commissioner and who duly 
 acknowledged that he Executed the said deed as grantor & com- 
 missioner for the uses & purposes therein Expressed. 
 
 Saml. H. Treat 
 Smith & Tilford 
 
 Deed \ 
 to j 
 
 by A. Lincoln 
 commissioner 
 William Butler 
 Filed for Record at 3 o'clock 
 P.M. March 18th 1840 
 
 Fee $1-50 
 State of Illinois ] 
 
 )■ SS 
 Sangamon County J 
 
 Recorders office Springfield 
 March 20th 1840— 
 I, Benjamin Talbott Recorder in 
 
522 UNCOLLECTED WORKS OF LINCOLN 
 
 and for said County do certify that the within deed of convey- 
 ance is Recorded in my office in Book P.V — pages 409 up to 
 412 — 
 
 Benjamin Talbott RS C 
 
 DECLARATION AND NOTES IN THE SUIT OF KERR 
 VS. HILL, SANGAMON CIRCUIT COURT, 
 MARCH 14, 1840. 
 (Herndon-Weik Collection) 
 This declaration and the cover notations, with the exception 
 of Clerk Butler's date of filing, are the work of Mr. Lincoln. 
 Kerr & Company was a St. Louis concern, for which he fre- 
 quently acted as attorney. As is seen from the declaration and 
 copies of the notes, Hill had given three notes to Kerr & Co. of 
 a total value of $2045.67. On November 9, 1839, Mr. Lincoln 
 made record of taking them for collection, by entry of such fact 
 in the Stuart & Lincoln fee book. The entry in the fee book and 
 the declaration comprise the known history of the case, as re- 
 search to date had not unearthed the court record of it. 
 
 State of Illinois ] Of the March term of the 
 
 Sangamon county \ ss circuit court of said county 
 
 and circuit J A. D. 1840— 
 
 John Kerr and Augustus Kerr, surviving partners of the 
 late George Washington Kerr, who is now deceased, complain 
 of Daniel B. Hill, being in custody &c. of a plea of Trespass on 
 the case upon promises: For that whereas the said defendant, 
 heretofore, towit, on the third day of November in the year of 
 our Lord one thousand, eight hundred and thirtyeight, at St. 
 Louis, towit, in the county and circuit aforesaid, made his cer- 
 tain promissory note in writing, signing his name thereto "D. B. 
 Hill" bearing date the day and year aforesaid and thereby then 
 and there promised to pay six months after the date thereof, to 
 the order of the said plaintiffs, and their said partner since de- 
 ceased, by their said firm name of A. & G. W. Kerr & Co, Five 
 hundred and eight dollars and fifty four hundredths of a dollar, 
 with interest at ten per cent per annum after maturity, for value 
 received, and then and there delivered the said promissory note 
 to the said plaintiffs and their aforesaid partner since deceased. 
 And the plaintiffs aver that the said George W. Kerr, has since 
 deceased; by means whereof, and by force of the statute in 
 such case made and provided, the said defendant then and there 
 became liable, to pay to the said plaintiffs the said sum of money 
 
UNCOLLECTED WORKS OF LINCOLN 523 
 
 in the said promissory note specified, according to the tenor and 
 effect of the said promissory note; and being so liable, he the 
 said defendant, in consideration thereof, afterwards, towit, on 
 the day and year aforesaid, at the county and circuit aforesaid, 
 undertook and then and there faithfully promised the said plain- 
 tiffs to pay them the said sum of money in the said promissory 
 note specified according to the tenor and effect thereof — Yet the 
 said defendant (although often requested sotodo) hath not as 
 yet paid the said sum of money in the said promissory note 
 specified, or any part thereof; but so to do hath hitherto wholly 
 neglected and refused and still doth neglect and refuse. To the 
 damage of the said plaintiffs of six hundred dollars, and there- 
 fore they sue &c. 
 
 Stuart& Lincoln pq 
 John & Augustus Kerr 
 
 i 
 
 vs J- Decln 
 
 D. B. Hill 
 
 Filed Mar 14th 1840 
 
 Wm Butler Clk 
 
 Notes Sued On 
 
 "$225 55/100 St. Louis, May 7th 1839 
 
 Two Months after date, I promise to Pay to the Order of 
 John & Augustus Kerr, 
 
 Two Hundred & twenty five Dollars, 55/100 
 without defalcation, for value received, with interest at the rate 
 of Ten per cent, per annum, after maturity, until paid 
 
 D. B. Hill" 
 
 Int to 5th March 1840. $54.64 
 
 This is a printed note which is filled in, but the words, "Int. 
 to 17 th March 1840," and "$15.04," were added by Mr. Lincoln. 
 Despite their minute form the characters of these words are dis- 
 tinctly Lincolnesque. 
 Int to 5th March 1840, $54.64 
 
 $"1311 38/100 St. Louis April 5th. 1839 
 
 Six Months after date I Promise 
 
 to Pay to the Order of John & Augustus Kerr Thirteen Hundred 
 & Eleven Dollars 58/100 Without defalcation for Value received 
 with interest at the rate of ten per cent pr anum after due until 
 paid 
 
 B. D. Hill" 
 
524 UNCOLLECTED WORKS OF LINCOLN 
 
 This note is also a printed form which was filled in, but the 
 notation "Int to 5th March 1840. $54.64," is in the hand of Mr. 
 Lincoln. 
 
 BILL OF EXCEPTIONS IN THE SUIT OF MANNING 
 VS. MORGAN ET AL SANGAMON CIRCUIT 
 COURT, MARCH 14, 1840. 
 (Herndon-Weik Collection) 
 This bill of exceptions was drawn by Mr. Lincoln. The 
 cover notations with the exception of the familiar signature of 
 Clerk Butler, and date of filing, were also penned by him. The 
 words, "Non est factum," mean that the defendant excepted on 
 the ground that the instrument sued on was not his own act and 
 deed. The record in the case goes no further. As will be seen 
 from the bill of exceptions, the jury found for the plaintiff, and 
 the court refused the defendant's motion for a new trial. Wil- 
 liam Manning may have been the owner of the one book store 
 in Springfield at the time. The paper drawn by Mr. Lincoln 
 gives the name as William Manning, whereas the owner of the 
 book store was listed as William Manning, Jr. 
 
 William Manning 1 
 
 vs [ 
 
 Martin M. Morgan f In Debt— 
 
 and others J 
 
 Be it remembered, that this cause came on to be tried upon 
 issue joined upon the plea of Non est factum, of one of the de- 
 fendants: Abner Hall, that the jury was called and sworn, that 
 the plaintiff produced the instrument, sued on, being a sealed 
 note, whereupon the said defendant Hall offered to file an af- 
 fidavit verifying the truth of his plea of Non est factum, to the 
 filing of which the plaintiff objected, on the ground that it was 
 then too lat)e, which objection was sustained by the court, and 
 said affidavit forbidden to be filed ; that the plaintiff then offered 
 to read said sealed note to the jury, without proof of it's execu- 
 tion, to which said defendant objected, but which objection was 
 overruled by the court, and the plaintiff read the said sealed note 
 to the jury; that the defendant then offered to prove by a wit- 
 ness, that said sealed note had been delivered by him as an 
 escrow, and that the condition it was so delivered upon had never 
 been performed; to which evidence the plaintiff objected, and 
 which objection was sustained by the court, and the evidence 
 rejected; that the jury then found a verdict for the plaintiff, 
 
UNCOLLECTED WORKS OF LINCOLN 525 
 
 whereupon, the defendant filed the following affidavits, and rea- 
 sons in writing, copies of which were given to the opposite party 
 & to the court towit: (here insert them) and moved the court 
 for a new trial, which motion was overruled by the court — To 
 all of which opinions of the court the defendant excepts, and 
 prays that this his bill of exceptions may be signed sealed and 
 made part of the record in the cause — 
 
 Saml. H Treat (Seal) 
 Manning 
 
 1 
 vs }■ Bill of 
 
 J Exceptions 
 Hall 
 
 Filed Mar. 14, 1840 
 Wm. Butler, Clk 
 
 PETITION AND WAIVER IN THE SUIT OF BARRETT 
 
 VS. WARREN, MORGAN CIRCUIT COURT, 
 
 MARCH 24, 1840. 
 
 ( Herndon- Weik Collection ) 
 
 This entire petition is the work of Mr. Lincoln, as the signa- 
 ture for Baker appears to be in his hand. The notations on the 
 cover are also in his hand, with the exception of those by the 
 clerk concerning the date of filing. It will be noted that "judg- 
 ment" is spelled "judgement." Mr. Lincoln used both spellings, 
 a habit justified by modern dictionaries. The waver, with the 
 exception of "Barrett Warren &c" is also in the hand of Mr. 
 Lincoln, who apparently wrote these papers for his good friend, 
 Baker. Present day records reveal no other connection with the 
 case, and studies to the present time have not made a case his- 
 tory available. 
 State of Illoiois 
 
 Morgan circuit Set. 
 
 William O. Barret, plaintiff states that he holds these sev- 
 eral notes on the defendant William B. Warren, in substance as 
 followeth 
 
 1st "$354.00 One year after date I promise to pay Richd F 
 Barret three hundred & fiftyfour dollars with interest at eight 
 per cent from this date for value reed this 1st of November 1836 
 
 W. B. Warren" 
 
 2nd "$354.00 Two years after date I promise to pay Richd 
 F Barret Three hundred & fiftyfour dollars with eight per cent 
 
526 UNCOLLECTED WORKS OF LINCOLN 
 
 interest from this date for value reed this 1st of November 1836. 
 
 W. B. Warren" 
 3rd "$354.00 Three years after date I promise to pay Richd 
 F. Barrett Three hundred & fiftyfour dollars with eight per cent 
 interest per annum from this date for value reed this 1st of No- 
 vember 1836. 
 
 W. B. Warren" 
 On the first of which notes is the following assignment — 
 "Pay to Wm D. Barret, July 14th, 1837 
 
 Richd F. Barret" 
 (Over) 
 And on the third of which notes is the following assign- 
 ment— "Pay to Wm D. Barrett, July 14th, 1837 
 
 Richd F. Barret" 
 And on the second of which notes is the following assign- 
 ment— "Pay to Wm D. Barret, July 17th 1837. 
 
 Richd F. Barret" 
 
 Whereby the plaintiff hath become the proprietor thereof of 
 
 which the defendant hath had due notice. Yet the same debt 
 
 remains unpaid, wherefore he prays judgment for his debt and 
 
 damages for the detention of the same, together with his costs — 
 
 Wm D. Barret 
 By E. D. Baker 
 
 Wm D. Barret 
 
 l 
 
 vs. I Petition 
 
 J 
 
 Wm B. Warren— No 1 
 
 Filed March 24 1840 
 D Rockwell 
 Clerk 
 
 his attorney — 
 
 -0- 
 
 William D. Barret ] 
 
 vs. [ On Petition & Summons. 
 
 William Miller J 
 
 This day came the plaintiff and filed his Petition and notes, 
 and the defendant appeared in open court, and waved the neces- 
 sity of filing the Petition and notes ten days before the day of 
 trial, and the service of process, and consents that the case shall 
 be placed upon the docket, to stand in all respects, as if all legal 
 steps had been taken to bring it to trial at this term of this court — 
 
UNCOLLECTED WORKS OF LINCOLN 527 
 
 William D. Barret ] 
 
 vs. )> On Petition & Summons. 
 
 Horatio G. Rew J 
 
 Same order as above — 
 
 William D. Barret ) 
 
 vs. J- On Petition & Summons. 
 
 William B. Warren J 
 Barret 
 Warren &c 
 
 BILL OF COMPLAINT AND STATEMENT OF PLAIN- 
 TIFF IN SUIT OF BAKER VS. ADDINGTON ET AL 
 FILED AT TAYLORVILLE, CHRISTIAN 
 COUNTY, APRIL 2, 1840 
 (Herndon-Weik Collection) 
 
 The bill of complaint and statement here reproduced are in the 
 hand of Attorney Lincoln, as are the notations on the outside of 
 the complaint. The only portion of either document not written 
 by him is the notation of filing by the clerk of Christian County. 
 There is no other evidence of Mr. Lincoln being in Taylorville on 
 April 2, 1840 and, as four days later he addressed a Whig rally 
 at Carlinville, it has been suggested that the Baker complaint 
 and statement were sent from Springfield by mail or messenger. 
 To the Honorable the Judge of the Christian 
 County circuit court in chancery sitting 
 
 Humbly complaining sheweth unto your Honor your orator 
 James Baker that on the 25 day of October A. D. 1834. One 
 Thomas Johnson, being lawfully seized of the East half of the 
 North West quarter of Section Twenty and the South East 
 quarter of the South West quarter of Section Seven, both in 
 Township Fifteen North Range Two West of the Third Prin- 
 cipal Meridian, then in Sangamon, now in Christian county, and 
 being desirous of selling the same, constituted one Drury Bon- 
 durant his agent to sell the same, and gave him the authority 
 in writing for so doing which is herewith filed, marked ( A. ) ; 
 that on the 27 day of September A. D. 1838, in pursuance of 
 his authority from said Johnson, said Bondurant sold to your 
 orator the land aforesaid, for the sum of five hundred dollars, 
 undertaking for the said Johnson that a deed of conveyance 
 should be made to your orator for said land when the money 
 as aforesaid, should be paid, or be ready for payment, and as 
 evidence thereof gave your orator the bond herewith filed marked 
 
528 UNCOLLECTED WORKS OF LINCOLN 
 
 ( B. ) — your orator further states that in pursuance of said con- 
 tract, he moved upon the said land and has resided there ever 
 since, and made divers valuable improvements on the same, 
 amounting at least in value; to one hundred dollars, and that 
 he has fully paid to the said Bondurant the said sum of five hun- 
 dred dollars, in payment for said land — He further states, that 
 shortly alter said Johnson appointed said Bondurant his agent 
 as atoresaid, he said Johnson removed from the State of Illinois; 
 and that since the purchase of said land by your orator, said John- 
 son died, leaving his widow Rebecca Johnson, who has since 
 intermarried with one John Addington, and Eli Johnson a minor 
 his son, all of whom your orator prays may be made defendants 
 to this bill. 
 
 And in as much as your orator is, in equity entitled to said 
 land, but is without remedy at common law, he prays that the 
 Peoples writ of subpoena may issue upon the aforesaid defen- 
 dants, requiring them to answer &c, and that in a final hearing 
 of the cause your Honor will decree that the said defendants 
 convey to your orator all their right title interest and estate in 
 and to the lands aforesaid, and grant such other and further 
 relief as equity may require, and as in duty bound, &c — 
 
 A Lincoln for Complainant — 
 James Baker 
 
 vs 
 Rebecca Addington 
 John Addington & 
 Eli Johnson, as heirs 
 of Thomas Johnson 
 deceased — 
 
 The Clerk of Christian 
 county will issue a 
 subpoena in chancery 
 on the above — 
 
 A Lincoln for 
 Compl 
 Filed April 2nd A. D. 1840 
 
 H. M. Vandeveer Clerk 
 
 Baker vs. Addington et al : Statement of Baker : April 2, 1840 
 State of Illinois ] 
 
 Christian County J 
 
UNCOLLECTED WORKS OF LINCOLN 529 
 
 James Baker who is about to commence a suit in chancery 
 in the circuit court of the county aforesaid against Rebecca Ad- 
 dington, John Addington, and Eli Johnson as heirs of Thomas 
 Johnson deceased, being first duly sworn states on oath, that all 
 of said defendants reside out of this state as he verily believes — 
 
 James Baker 
 
 Subscribed & sworn ] 
 
 to before me this 2nd day of | 
 
 April 1840— | 
 
 H. M. Vandeveer ClerkJ 
 
 PLAINTIFF'S DECLARATION IN THE SUIT OF 
 
 RANSDELL VS. CALHOUN, 
 
 APRIL 21, 1840 
 
 (Herndon-Weik Collection) 
 
 The declaration and praecipe in this suit are in the hand- 
 writing of Attorney Lincoln. He also penned the cover notations, 
 with the exception of the date of filing, and the note upon the 
 issuance of a summons in the case. Mr. Lincoln separated the 
 words, "thiry nine", zvhich he later changed to "thirty six" , one 
 of the few instances of such a division, with the exception of 
 necessary division caused by reaching the margin of a page. He 
 also seems to have a surplus of periods in the use of one after 
 the zvord, "Lincoln" and in the final, "Stuart & Lincoln,, p.q." 
 Wharton Ransdell zvas a Springfield hotel keeper, owner of Rans- 
 delVs Tavern, zvhere Lincoln and other Whigs had a banquet 
 honoring William Henry Harrison on October 5, 1836. The de- 
 fendant, John Calhoun, had appointed Lincoln as his deputy sur- 
 veyor in the fall of 1833, when Lincoln needed work, but it may 
 be said that the latter opposed friend and foe alike in his court 
 battles. He sued against Ransdell almost as often as he acted 
 as attorney for him. In this case, on motion of the plaintiff, a 
 writ of inquiry was granted July 16, 1840. One week later, the 
 jury called in the case rendered a judgment for $245.95 in favor 
 of Ransdell, the client of Stuart & Lincoln. 
 
 State of Illinois ] Of the July term of the circuit 
 Sangamon county J- court for the said county 
 and circuit J A. D. 1840— 
 
 Wharton Ransdell, plaintiff complains of John Calhoun 
 defendant being in custody &c of a plea of Trespass on the case 
 upon premises — For that whereas heretofore towit on the 
 
530 UNCOLLECTED WORKS OF LINCOLN 
 
 day of in the year of our Lord one thousand eight 
 
 hundred and thirty six, the said defendant was indebted to the 
 said plaintiff in the sum of two hundred and forty dollars and 
 twentyfive cents for meat, drink, washing, lodging and other 
 necessaries, by the said plaintiff before that time found and pro- 
 vided, for the said defendant, and at his special instance and 
 request; and for the meat, drink, washing, lodging, and other 
 necessaries before that time found and provided by the said 
 plaintiff for other persons, and at the like special instance and 
 request of the said defendant ; and for horse meat, stabling, care 
 and attendance by the said plaintiff before that time provided and 
 bestowed for, in, and about the feeding and keeping of divers 
 horses, mares, and geldings, of and for the said defendant, and 
 at his like special instance and request; and being so indebted, 
 he the said defendant in consideration thereof afterwards to wu% 
 on the day and year & at the place aforesaid undertook, and then 
 and there faithfully promised the said plaintiff to pay him the said 
 sum of money aforesaid, when he should be thereunto after- 
 wards requested — 
 
 Yet the said defendant ( although often requested so to do ) 
 hath not as yet paid the said sum of money, or any part there- 
 of ; but so to do hath hitherto wholly neglected and refused — To 
 the damage of the said plaintiff of four hundred dollars, and 
 therefore he sues &c. 
 
 Stuart & Lincoln p. q. 
 
 Wharton Ransdell] 
 
 vs J- Trespass on the case upon 
 
 John Calhoun J premises — Damage $400-00 
 
 The clerk of the Sangamon Circuit court will issue process 
 in the above entitled cause — 
 
 Stuart & Lincoln, p. q. 
 
 Wharton Ransdell 
 
 1 
 
 vs }» Decln 
 
 J 
 
 John Calhoun 
 
 Filed Apl 21, 1840 
 
 Wm Butler elk 
 
 (Summons issued 22 Apr 1840) 
 
UNCOLLECTED WORKS OF LINCOLN 531 
 
 AMENDED DECLARATION BY LINCOLN IN THE 
 SUIT OF CARTER VS. BENNETT & RANSDELL, 
 SANGAMON CIRCUIT COURT, 
 FILED APRIL 21, 1840 
 As noted elsewhere Mr. Lincoln filed the declaration in the 
 suit of Siloam S. Carter vs. William T. Bennett and Wharton 
 Ransdell in the Sangamon Circuit Court on February 4, 1840 — 
 the same day on which a circular he had written as a member 
 of the Whig State Committee and which urged organized sup- 
 port of Harrison was mailed out to leading Whigs of the state. 
 {See Nicolay and Hay 1 : 142-45.) On April 21, 1840, Mr. Lin- 
 coln on motion granted by the court wrote and filed the amended 
 declaration reproduced below, the original of which is now owned 
 by Joseph De Castro of Springfield, Illinois. 
 Siloam S. Carter 
 
 vs. Sangamon Circuit Court 
 
 William T. Bennett & In Debt 
 
 Wharton Ransdell 
 
 Amendments to the declaration in the case above referred 
 to — 
 
 Amendment to the first count to come in at the letter (A) 
 Which writing obligatory was and is subject to a certain 
 condition thereunder written, whereby after reciting to the effect 
 following, towit, "that whereas the said Siloam S. Carter did 
 on the 10th day of September A.D. 1839 before William Savely, 
 a Justice of the Peace for the county of Sangamon, recover a 
 judgement against the above bounden William T. Bennett for 
 the sum of $90.80/100 & costs dollars, from which judgement 
 the said William T. Bennett, had taken an appeal to the circuit 
 court for the county of Sangamon aforesaid, and state of Illi- 
 nois, the parties to the said writing obligatory agreed that if the 
 said William T. Bennett should prosecute his said appeal with 
 effect, and should pay the said debt and costs, in case the said 
 judgement should be affirmed or adjudged against him on the 
 trial thereof in the said circuit court, then the said writing obli- 
 gatory was to be void; otherwise to remain in full force and 
 effect'" 
 
 And the plaintiff avers that the said appeal was adjudged 
 against the said William T. Bennett, on the trial thereof in the 
 said circuit court at the November term thereof in the year 
 1839, for the sum of one hundred and one dollars and fifty cents, 
 together with five dollars and seven cents damages, and also for 
 
532 UNCOLLECTED WORKS OF LINCOLN 
 
 the costs of the said plaintiff expended in the said cause, as well 
 before the Justice of the Peace, as in the said circuit court — 
 And the plaintiff further avers, that the said William T. Bennett, 
 has hitherto wholly neglected and refused to pay the said debt 
 and costs so adjudged against him by the said circuit court as 
 aforesaid, and still neglects and refuses so to do — 
 
 (Amendment to the second count to come in at the letter 
 (B) 
 
 Which, writing obligatory was and is the subject to a certain 
 condition thereunder written, whereby, after reciting to the effect 
 following towit "That whereas the said Siloam S. Carter, did 
 on the 10th day of September A.D. 1839 before William Savely, 
 a justice of the Peace for the county of Sangamon, recover a 
 judgement against the above bounden William T. Bennett, for 
 the sum of $25 & costs dollars, from which Judgement the said 
 William T. Bennett had taken an appeal to the Circuit Court 
 for the county of Sangamon aforesaid and state of Illinois, 
 the parties to the said last mentioned writing obligatory agreed 
 that if the said William T. Bennett should prosecute his said 
 appeal with effect, and should pay the said debt and costs, in the 
 case the said judgment should be affirmed or adjudged against 
 him on the trial thereof in the said Circuit court, then the said 
 writing obligatory was to be void, otherwise to remain in full 
 force and effect." And the said plaintiff avers, that the said 
 appeal was adjudged against the said William T. Bennett, on 
 the trial thereof in the said Circuit court, at the November 
 term thereof in the year 1839, for the sum of fifty nine dollars, 
 and also for the costs of the plaintiff by him expended in said 
 case as well before the justice of the Peace, as in the said 
 circuit court — And the said plaintiff further avers, that the 
 said William T. Bennett has, hitherto wholly neglected and re- 
 fused to pay the said debt and costs so adjudged against him 
 by the said circuit court as aforesaid, and still neglects and re- 
 fuses so to do — 
 
 (Amendment to third count, to come in at the letter (C) 
 Which writing obligatory was and is subject to a certain 
 condition thereunder written whereby, after reciting to the effect 
 following, towit, "That whereas the said Siloam S. Carter did 
 on the 10th day of September A.D. 1839, before William Savely, 
 a Justice of the Peace for the county of Sangamon, recover a 
 judgement against the above bounden William T. Bennett for 
 the sum of $50. 50/100 & costs, dollars, from which judgement 
 
UNCOLLECTED WORKS OF LINCOLN 533 
 
 the said William T. Bennett had taken an appeal to the circuit 
 court for the county of Sangamon aforesaid, and State of Illi- 
 nois, the parties to the said last mentioned writing obligatory 
 agreed, that if the said William T. Bennett should prosecute his 
 said appeal with effect, and should pay the said debt and costs, 
 in case the said judgement should be affirmed, or adjudged 
 against him on the trial thereof in the said circuit court, then the 
 said writing obligatory was to be void, otherwise to remain in full 
 force and effect" — And the said plaintiff* avers, that the said 
 appeal was adjudged against the said William T. Bennett, on 
 the trial thereof in the said circuit court at the November term 
 thereof in the year 1839. for the sum of fifty one dollars to- 
 gether with two dollars and fifty cents damages, and also for 
 the costs of the said plaintiff by him expended in said case, as 
 well before the justice of the Peace, as in the said Circuit court 
 — And the plaintiff further avers, that the said William T. Ben- 
 nett has hitherto wholly neglected and refused to pay the debt 
 and costs, so adjudged against him by the said circuit court as 
 aforesaid, and still neglects and refuses so to do — 
 Siloam S. Carter 
 
 vs. 
 Wm. T. Bennett & Wharton Ransdell 
 Amendments to Declaration — 
 Filed April 21st 1840 
 Wm. Butler Clk. 
 
 DECLARATION BY MR. LINCOLN IN THE SUIT OF 
 RANSDELL VS. LIGHTFOOT AND LIGHTFOOT, 
 SANGAMON CIRCUIT COURT, 
 FILED APRIL 21, 1840 
 There is proof that Lawyer Lincoln was ready to serve all 
 worthy clients without regard for past or present relations in 
 the fact that on the same April 21, 1840 when he filed an 
 amended declaration in a suit in which Wharton Ransdell was one 
 of the defendants he also wrote and filed the declaration repro- 
 duced below in a suit brought by Ransdell against Goodrich and 
 Henry Light foot. This latter suit was tried by the court on 
 July 21, 1840, and judgment awarded Ransdell, Lincoln's client. 
 State of Illinois } ^. , _ , . , 
 
 Sangamon County I ° f the J ul ? term of the clrcult 
 and Circuit court of said County AD 1840 
 
 Wharton Ransdell plaintiff complains of Goodrich Lightfoot 
 
534 UNCOLLECTED WORKS OF LINCOLN 
 
 and Henry Light foot, defendants being in custody & of a plea 
 of Trespass on the case upon premises: For that whereas the 
 said defendants, heretofore towit, on the eighteenth day of Sep- 
 tember in the year of our Lord one thousand eight hundred and 
 thirty nine, at the county and circuit aforesaid made their cer- 
 tain promissory note in writing, (the said Henry signing his 
 name thereto "Henry Lightfot") bearing date the day and year 
 aforesaid, and thereby then and there promised to pay on or be- 
 fore the first day of April (then) .next (ensuing) to the said 
 plaintiff by the style & description of "W. Ransdell" the sum 
 of one hundred and twenty dollars and seventynine cents, bear- 
 ing interest at the rate of twelve per cent per annum from 
 date, and then and there delivered the said promissory note to 
 the plaintiff, by means whereof, and by force of the statute in 
 such case made and provided, the said defendants then and there 
 became liable to pay to the said plaintiff the said sum of money 
 in the said promissory note specified according to the tenor and 
 effect of the said promissory note, and being so liable they, the 
 said defendants, in consideration thereof, afterwards, towit, on 
 the day and year aforesaid, at the county and circuit aforesaid, 
 undertook, and then and there faithfully promised to said plain- 
 tiff to pay him the said sum of money in the said promissory 
 note specified according to the tenor and effect thereof — 
 
 Yet the said defendants (although often requested so to do) 
 have not as yet paid the said sum of money in the said promis- 
 sory note specified, or any part thereof; but so to do have hith- 
 erto wholly neglected and refused, and still do neglect and refuse. 
 To the damage of the said plaintiff of two hundred dollars, and 
 therefore he sues &C. 
 
 Copy of note sued on 
 
 "On or before the first day of April next one or either of us 
 promise to pay W. Ransdell, or order, one hundred and twenty 
 dollars and seventy nine cents bearing interest at the rate of 
 twelve per cent per annum from this date as witness our hands 
 this 18th day of Sept 1839. 
 
 Goodrich Lightfoot 
 Henry Lightfot" 
 
UNCOLLECTED WORKS OF LINCOLN 535 
 
 GRANT OF APPEAL TO THE ILLINOIS SUPREME 
 
 COURT AND CONTINUANCE ORDER IN THE 
 
 SUIT OF SCAMMON VS. CLINE, 
 
 MAY 12 AND 21, 1840 
 
 (Herndon-Weik Collection) 
 
 The grant of appeal and continuance order here reproduced 
 had a part in the history of one of Mr. Lincoln's earliest cases 
 before the Illinois Supreme Court, but he had no part in the pen- 
 ning of them. Norman Buel Judd, who figured in this case, was 
 a leading membber of the Chicago bar and long a helpful if not 
 wholly trusted friend of Mr. Lincoln. He was one of the found- 
 ers of the Republican Party in Illinois, and to him, after David 
 Davis, belongs chief credit for Mr. Lincoln's first nomination 
 for the Presidency. Judd was disappointed in his efforts to se- 
 cure a place in the Cabinet, but was appointed minister to Ger- 
 many, the first diplomatic post to be filled by President Lincoln. 
 (See Intimate Memories of Lincoln by Wilson, Pages 3-4.) 
 
 The first days of May 1840, brought with them, two incidents 
 charged with future meaning for Mr. Lincoln. In New York 
 on the first day of that month Horace Greeley, moved thereto by 
 Thurlow Weed, founded The Lag Cabin, a weekly journal per- 
 haps read by Mr. Lincoln in which its still youthful editor 
 championed the election of Harrison and at the same time began 
 the career as a moulder of public opinion that, despite erratic 
 ways that often provoked or confounded his political associates, 
 made him for a generation a dominant influence in shaping the 
 history and /policies first of the Whig and later of the Republican 
 Party. Thus, while he aided in the first nomination of Mr. Lin- 
 coln, he thereafter as a ready fault finder too often proved a 
 thorn in the flesh of a beset and troubled President. 
 
 Again it was on May 11, 1840, thdt James Gillespie Birney, 
 a native of the South and former owner of slaves now pledged 
 to fight for their freedom, became the presidential nominee of 
 the newly formed Liberty Party. The vote he received did not 
 affect the result of the election in 1840, but a second candidacy 
 in 1844 cost the Whigs the electoral vote of New York and 
 snatched the Presidency from Henry Clay, the leader most ad- 
 mired by Abraham Lincoln in early manhood. 
 J. Y. Scamman vs. Cornelius Cline : Grant of Appeal to Illinois 
 Supreme Court: May 12, 1840 
 
536 UNCOLLECTED WORKS OF LINCOLN 
 
 Jonathan Y. Scammon j ^ ^ ^ 
 
 Cornelius Cline J Appeal 
 
 It is ordered for reasons on file that this appeal be dismissed, 
 to which the Plaintiff takes exception. It is therefore, ordered 
 that an appeal be taken to the Supreme Court upon the Plaintiff's 
 entering into bond, with Norman B. Judd as security in the sum 
 of one hundred dollars within thirty days after the adjournment 
 of this court. 
 
 I S. S. Whitman, Clerk of the cir. court of the Courts of 
 Boone, certify that the above is a true copy from the records of 
 said court in regard to the above entitled suit. And that the ap- 
 peal Bond to the supreme court has been duly entered into, and 
 this day filed in the Clerk's office of said Court. 
 
 In testimony whereof I have here- 
 unto set my hand and private seal, 
 (there being no seal of office) at Bel- 
 videre in said County this 12th day 
 of May A. D. 1840 
 (Seal) attest S. S. Whitman, clerk 
 
 o 
 
 Scammon vs. Cline: Continuance Order: May 21, 1840 
 
 Jonathan Y. Scammon 1 _, ~. ~ . .. . 10< j n 
 
 J I Boone Cir. Court April term 1839 
 
 Cornelius Cline j pp ^ 
 
 It appearing that the summons in this cause had not been served 
 ten days before the sitting of this court, it is ordered that this 
 cause be continued to the next term. 
 Supreme Court 
 July Term 1840 
 
 Jonathan Y. Scammon 
 
 plff. in error 
 v. 
 Cornelius Cline 
 
 deft.in error 
 
 Error to Boone 
 Filed May 21. 1841 
 
 J M Duncan 
 Rec. Dec. T. 1840 
 
 Scammon 
 
UNCOLLECTED WORKS OF LINCOLN 537 
 
 LINCOLN AT PONTIAC ASKS FOR A SUMMONS IN 
 
 THE SUIT OF POPEJOY VS. WILSON, 
 
 MAY 19, 1840 
 
 The request for summons here reproduced is an interesting 
 reminder of Mr. Lincoln's experiences on the circuit. The first 
 of the six circuits into which Illinois was divided in 1835 was 
 the scene of his practice from 1837 to 1839, but on March 2 of 
 the latter year, the swift and steady increase in the population 
 of the state — twenty-seven new counties were created between 
 1836 and 1839 — caused the reorganization of the existing six 
 into nine circuits. Thus the six northern counties of the first 
 with the counties of Menard, Dane and De Witt became the new 
 eighth circuit, and it was on this circuit, altered from time to 
 time as to its constituent units, that for a score of years Mr. 
 Lincoln traveled as a circuit lawyer. 
 
 Courts in each of the circuits began on the first or second 
 Monday in March and continued in a majority of the circuits 
 counties, an added July term in some of them. After 1848 
 David Davis of Bloomington was judge of the eighth circuit, 
 until June. Fall as well as spring terms were held in all of the 
 and Mr. Lincoln was one of the three or four lawyers who kept 
 him company to \all of the county seats included in his spring 
 and fall journeys* Thus, until the coming of the railway made 
 possible week-end returns to Springfield, Mr. Lincoln was absent 
 from his home and dffice a full half of each year; but there is 
 abundant proof that he keenly enjoyed the primitive albeit di- 
 verting conditions of life on the circuit, while his liking for all 
 sorts and conditions of men and his unfailing supply of pat and 
 humorous anecdote assured him a cordial welcome in each of 
 its county seats. They also raised up for him an army of friends 
 who played an effective part in the furtherance and fulfilment 
 of his political ambitions; and he was ever mid always an am- 
 bitious man. 
 
 The suit of Popejoy vs. Wilson which was one of the mat- 
 ters which took Mr. Lincoln to Pontiac in May, 1840, was a 
 case of trespass and had a long and varied history to be dealt 
 with in another place. Having filed his request to the clerk to 
 issue a summons he went an from Pontiac to Clinton, where on 
 May 23 he successfully defended one Spencer Turner indicted 
 for murder, receiving for his fee a ninety-day note for $200. But 
 this note he did not succeed in collecting until April, 1846, and 
 then only after long litigation. 
 
538 UNCOLLECTED WORKS OF LINCOLN 
 
 William Pope joy Jr. 1 ~ 
 
 J 1 Trespass on the case 
 
 Isaac WiLon J Dami * e * 2000 - 
 
 The clerk of the Livingston county circuit court will please 
 issue a summons in the above entitled cause returnable to the 
 next term of said court — He will also issue subpoenas on be- 
 half of the plaintiff for Michael Murray, Maranda Murray (his 
 wife), John Falky, and Dorcas Moore — 
 
 May 19th 1840 Lincoln Pffs. 
 
 INSTRUCTIONS TO THE JURY WRITTEN BY LIN- 
 COLN IN THE SUIT OF CLARY VS. HARRISON, 
 MENARD CIRCUIT COURT, 1840 
 
 When on March 2, 1839, Menard was set off from Sanga- 
 mon County with Petersburg as its county seat and made a part 
 of the new eighth circuit, Mr. Lincoln became one of the lawyers 
 in regular attendance at the spring and fall sessions of its cir- 
 cuit court, finding many clients among the friends he had made 
 in his New Salem days, as the document here reproduced bears 
 witness. John Clary, the plaintiff in the suit of Clary vs. Harri- 
 son, was a Sangamon County pioneer and gave his name to the 
 section known as Clary's Grove. 
 
 Instructions to the jury written by Lincoln in suit of Clary 
 v. Harrison, in Menard Circuit Court. 
 
 The plaintiff having introduced the affidavit of the defendant 
 are the jury bound to hear and consider the whole of it as 
 evidence, and to give it so much weight, as when taken in con- 
 nection with all the other evidence in the case they shall think 
 entitled to. 
 (Marked "granted" on the edge) 
 
 PETITION OF ADMINISTRATORS OF JOHN McGEE 
 
 TO SELL REAL ESTATE, DEWITT CIRCUIT 
 
 COURT, MAY 22, 1840. 
 
 (Photostat from the Lincoln National Life Foundation) 
 
 The document here presented gives a complete history of the 
 
 case with one or two exceptions. It is known that Mr. Lincoln 
 
 was appointed as guardian ad litem to the heirs of John McGee 
 
 on May 22, 1840. The court decree on the petition to sell real 
 
 estate appears to be from the pen of one J. J. McGraw, and the 
 
 paper is presented because it is part of the record of a case in 
 
UNCOLLECTED WORKS OF LINCOLN 539 
 
 which Mr. Lincoln was a party to the suit, and because it pre- 
 sents his answer as guardian ad litem in resume form. The 
 clerk of the court was Kersey H. Fell, brother of Jesse W. Fell, 
 intimate of Mr. Lincoln, while Attorney Benedick was Kirby 
 Benedict who later appeared with Douglas and Lincoln as de- 
 fense counsel for one Spencer Turner, accused of murder. As 
 related in another place Mr, Lincoln spent several years trying to 
 collect his fee from Turner. 
 
 State of Illinois \ Circuit Court DeWitt 
 
 DeWitt County \ County May Term 1840 
 
 ex parte 
 Thomas Fruit and \ Petition to sell real estate of 
 
 John Walker Admin \ the Estate of John McGee 
 
 On this day May 22nd 1840 came the complainants by their 
 solicitor Benedick and files their petition and presented the same 
 to the court praying for authority to sell the following real estate 
 Situated lying and being in the county of DeWitt and state of 
 Illinois to wit, The west half of the South East quarter of Sec- 
 tion number thirteen in Township number nineteen North of 
 Range numbered One East of the third principal Meander Mere- 
 dian containing eight acres 
 
 And it appearing to the Satisfaction of the court that notice 
 of the time of presenting said petition has been duly published 
 according to Law 
 
 And it also appearing by the abstract of the Probate Records 
 from the Probate office of the County of Macon that the debts 
 established against the said estate before the probate Justice of 
 the Peace of said county exceed the assets arising from the sale 
 of the personal property of said estate the sum of Two Hundred 
 and fifty one Dollars and seventeen and three fourths cents and 
 It also appearing that the said Administrators have duly filed in 
 said Justice office an Inventory and sale Bill of the Personal 
 property of said Estate 
 
 And Abram Lincoln having been appointed Guardian Ad- 
 litem of James Milissa McGee Elizabeth McGee Sampson McGee 
 George McGee and Rosanna McGee Infant heirs of said John 
 McGee Deceased who having Answer filed to said Petition 
 showing that he sees no reason why the prayer of said Petition 
 should not be granted 
 
 Therefore it is ordered adjudged and decreed by the court 
 that Thomas Fruit and John Walker Administrators of the Estate 
 of John McGee Deceased be and they are hereby appointed au- 
 
540 UNCOLLECTED WORKS OF LINCOLN 
 
 thorized and empowered to sell the real Estate above described 
 upon a credit Six and Twelve months the purchasers giving 
 security sufficient and Mortguage upon the premises to Secure 
 the payment of the same that they make conveyance to the pur- 
 chasers and they report their proceedings as well to this court as 
 to the probate Justice of the Peace 
 State of Illinois [ 
 DeWitt County j 
 
 I hereby certify that the above is a true copy from the record 
 of the case to sell Real Estate exparte Thomas Fruit and John 
 Walker Administrator of the Estate of John McGee Deed — 
 
 Given under my hand and private 
 
 seal there being no official seal 
 
 (Seal) provided dated at Clinton May the 
 
 30th A D 1840 
 
 K H Fell elk 
 
 pr J J McGraw Dept ck 
 
 ANSWER OF MR. LINCOLN AS GUARDIAN AD LITEM 
 
 FOR MARY ELIZABETH FINLEY, MAY 26, 1840. 
 
 (Photostat from the Lincoln National Life Foundation) 
 
 Little or none of this document was penned by Mr. Lincoln. 
 
 He merely signed his name to an answer which he did not write, 
 
 and added the words, "guardian ad litem." It is probable that he 
 
 acted only as guardian ad litem, although research to the present 
 
 date sheds no light on the history of the suit, or the part played 
 
 in it by Lawyer Lincoln. His answer is the only known evidence 
 
 of his connection with the case. 
 
 Answer of Abram Lincoln Guardian ad litem of Mary Eliza- 
 beth Finley infant heir of Alviii Finley deceased 
 
 And this respondent Abram Lincoln comes and for answer 
 saith that he has examined the petition presented to the court in 
 this cause and the proceedings related thereto and that he knows 
 of no good reason why the prayer contained in the premises 
 should not be granted and the land there in described ordered 
 to be sold for the purpose therein Expressed — 
 
 A Lincoln 
 Guardian ad litem 
 
 PLEAS IN THE SUIT OF YOUNG VS. COX, MACON 
 CIRCUIT COURT, MAY 26, 1840. 
 (Photostat from the Lincoln National Life Foundation) 
 These pleas were drawn by Mr. Lincoln, and the cover nota- 
 
UNCOLLECTED WORKS OF LINCOLN 541 
 
 tions which cite the case are in his handwriting, fit will be noted 
 that he used the spelling "alledged" for "alleged" , and he seems 
 to have alternated between the two spellings, using the incorrect 
 form less frequently in later legal papers. As can be seen from 
 the phraseology of the pleas, the case involved a note, and a suit 
 for trespass upon the case upon promises. The final record in 
 the case reads as follows : 
 
 Macon County 
 Tues. May 26 1840 
 Parties by atty. & deft, withdraws plea & saith nothing further in 
 bar or preclusion of pltfs action whereby the pltf. against him 
 stands wholly undisputed. Action brot on a promissory note for 
 payment of money only. Ordered that pltf have $154.99 
 
 Charles Emmerson, who was an associate of Mr. Lincoln in 
 other cases, opposed him in this suit, and emerged with a judg- 
 ment in favor of his client, Young. 
 
 Ephraim Cox ) 
 
 ads \ 
 
 William M Young J 
 
 And the said defendant comes and defends the wrong and 
 injury when, where &c. and says plaintiff actio non, because he 
 says he did not undertake and promise in manner and form as 
 the said plaintiff in his said declaration hath alledged against 
 him; and of this he puts himself upon the country &c — 
 
 Lincoln p- d- 
 
 And for further plea in this behalf the said defendant by 
 application to the court comes and defends the wrong & injury 
 when &c and says plaintiff actio non, because he says that a 
 greater rate of interest was reserved in taking the note in the 
 plaintiff's declaration mentioned, than twelve per cent per annum, 
 and this he is ready to verify; wherefore he prays judgment &c. 
 
 Lincoln p. d. 
 
 And for further plea in this behalf the said defendant by 
 application to the court comes and defends the wrong and injury 
 where &c. and says plaintiff actio non because he says that a 
 greater rate of interest was reserved in taking the note in the 
 plaintiff's declaration mentioned, than twelve per cent pre annum, 
 in the manner following towit: That said defendant borrowed 
 of the said Thomas Devin, on or about the fifteenth of April 
 A D. 1839, one hundred dollars, for which he gave said Devin 
 his note for one hundred and thirteen dollars with interest at 
 twelve per cent per annum from date ; that afterwards ; towit on 
 
542 UNCOLLECTED WORKS OF LINCOLN 
 
 the day of the date of the note in plaintiffs declaration mentioned 
 for no consideration whatever excepting the discharge of the 
 note first above mentioned; and this he is ready to verify where- 
 fore he prays judgment &c. 
 
 Lincoln p. d. 
 Cox 
 
 l 
 
 ads j- Pleas — 
 
 J 
 
 Young 
 
 Filed May 28th 1840 
 
 H. McGorin elk 
 
 ANSWER OF JAMES C. OONKLING IN THE SUIT OF 
 
 BAKER VS. ADDINGTON ET AL, 
 
 CHRISTIAN CIRCUIT COURT, JUNE 1, 1840. 
 
 (Herndon-Weik Collection) 
 
 This answer, with the exception of the signature of Conkling 
 and the note on the date of filing signed by the clerk, is in the 
 hand of Attorney Lincoln. The defendants in this case defaulted 
 in the Dane (Christian) County Circuit Court on June 1, 1840. 
 The court examined the exhibit of Baker, and then appointed 
 Levi W. Goodan commissioner to convey the land described m 
 the bill filed by Lincoln on April 2, 1840. Goodan' 's report of 
 conveyance of the property was approved on June 2, 1842. 
 Conkling was a Springfield lawyer and in turn Whig and Repub- 
 lican associate of Abraham Lincoln. He married Mercy Lever- 
 ing, a close friend of Mary Lincoln, and husband and wife 
 watched and recorded the progress of a historic courtship. (See 
 Mary Lincoln, Wife and Widow, Sandburg and Angle, New 
 York, 1832, Pages 170 to 185.) 
 
 The answer of James Conkling guardian ad litem to Eli John- 
 son, to a bill in chancery filed against him and others by James 
 Baker, in the circuit court for Christian county — 
 
 This respondent, for answer to said Bill, says that he knows 
 
 nothing about the truth of the allegations of the same and that 
 
 he demands that full proof be made thereof to the satisfaction 
 
 of the court — Ja C. Conkling 
 
 Guardian at Litem 
 
 James Baker 1 A 
 
 ! Answer of 
 
 Rebecca Addington et\ ? uardian &c " 
 al 
 
 1 
 
UNCOLLECTED WORKS OF LINCOLN 543 
 
 al 
 
 Filed June first 1840 
 
 H. H. Vandeveer Clerk 
 
 REPORT OF THE YOUNG MEN'S CONVENTION AND 
 
 SOLDIERS' MEETING HELD IN SPRINGFIELD, 
 
 JUNE 3 AND 4, 1840, PROBABLY WRITTEN 
 
 BY MR. LINCOLN. 
 
 For the Whigs of Illinois the outstanding events of the 
 noisy and boisterous presidential campaign of 1840 were the 
 Young Men's Convention and Old Soldiers' Meeting held at 
 Springfield on June 3 and 4. On June 2 delegations from all 
 parts of the state began arriving at the capital, and we are told 
 that "the spectator who looked on and saw the long lines of 
 wagons and canoes filled with men, and the hundreds on horse- 
 back, might well have supposed that the whole sucker state had 
 broken loose." ( Transactions of the Illinois State Historical So- 
 ciety, 20: 160.) 
 
 The convention organised at eight o'clock in the morning of 
 June 3, and two hours later a grand procession took up its line 
 of march. The procession was two and a half miles long, divided 
 into 1463 sections, each containing six or more paraders. At its 
 head were soldiers of the Revolution and the War of 1812. Then 
 followed imposing delegations which had come from the neigh- 
 boring states of Indiana, Missouri, and Iowa to have their part 
 in the affair, and these were trailed by delegations from fifty- 
 nine counties of Illinois, at their head Cook County with a band 
 and a miniature brig thirty feet in length. On the second day, 
 June 4, there was a barbecue at which the delegations about to 
 depart were fed on roasted ox: and then an afternoon and eve- 
 ning of continuous speaking by earnest champions of the Whig 
 cause. Among the speakers were Samuel Lisle Smith, then 
 twen\ty-three years old, a witty and eloquent Chicago lawyer, 
 who had lately come to the West from his native Philadelphia, 
 and who was to die of cholera in 1854; John Hogan, a Methodist 
 preacehr turned lawyer, who was to fill many public posts and 
 live to the great age of eighty-seven years; Fletcher, son of 
 Daniel Webster, who was to fall in battle during the Civil War; 
 John J. Hardin, Edward D. Baker, and their friend Abraham 
 Lincoln, whose speech was recalled in an after time by a youth- 
 
s 
 
 544 UNCOLLECTED WORKS OF LINCOLN 
 
 ful listener, John M. Scott, for half a century a member of the 
 McLean County bar: 
 
 "Mr. Lincoln stood in a wagon from which he addressed the 
 mass of people that surrounded it. He was tall, and perhaps a 
 little more slender than in later life, and more homely than after 
 he became stouter in person. He was then only thirty-one years 
 of age, and yet he was already regarded as one of the ablest of 
 the Whig speakers in that campaign. There was that in him 
 that attracted public attention. Even then he was the subject of 
 popular regard because of his candid and simple mode of dis- 
 cussing and illustrating political questions. At times he was in- 
 tensely logical, and always most convincing in his arguments. 
 Much time was devoted to telling stories to illustrate some phase 
 of his argument. One story he told on that occasion was not one 
 that it would be seemly to publish, yet the manner of telling was 
 so peculiarly his own that it gave no offense. On the contrary 
 it was much liked by the vast assembly that surrounded the tem- 
 porary platform from which he spoke, zvas received with 
 loud bursts of laughter and applause, and gave him a most fav- 
 orable hearing for the arguments he later made in support of the 
 measures he was sustaining." 
 
 And on June 15 the tenth issue of The Old Soldier, the Whig 
 campaign newspaper of which Abraham Lincoln was one of the 
 editors, devoted all of its four pages to the events of June 3 and 
 4. There is little doubt that its introductory account of the rally 
 here reproduced was written by Mr. Lincoln, for it is just the 
 sort of story that could have been reasonably looked for from him 
 in his thirty-second year. 
 
 It is difficult to find language expressive enough to convey 
 any thing like a correct idea of the proud and exciting scene 
 which has just closed in this place. Much as we expected from 
 the whigs of Illinois — wide spread and intense as we knew the 
 enthusiasm and zeal for the cause of Harrison, Tyler and Re- 
 form, — yet with those facts before us, the Convention just closed 
 exceeded every thing we had anticipated. It was an outpouring 
 of the people! The assembly of themselces! They came like 
 the rush of the mountain torrent — like the gathering together of 
 a mighty army. They came in parties of tens, of hundreds, and 
 of thousands, from the north, the south, and the east, and the 
 west — delegations poured in and swelled the vast multitude. They 
 came in conveyances and by means which bespoke their precincts 
 and the sections from whence they hailed. They came not like 
 
 ,.> 
 
UNCOLLECTED WORKS OF LINCOLN 545 
 
 "the silk stocking gentry" (as they are frequently called by their 
 opponents;) but as farmers, mechanics, and sturdy laborers 
 would be expected to come, in their own farm wagons, on horse- 
 back, and by such other means as they individually had at com- 
 mand. Every thing about them indicated that they were the 
 sturdy yeomanry of the country, her bone and sinew, the men 
 who do their own work, their own fighting, and their own vot- 
 ing. They came with their camps and camp equipage, sleeping 
 on the ground at night and preparing their own food by the way, 
 thus manifesting, in the strongest possible manner, that no toil 
 or exposure could quench or slacken the spirit of patriotism and 
 the love of country which burns in every whig bosom. Some of 
 the delegations came over roads now unusually bad for the sea- 
 son, being deep and miry, and were from eight to ten days on 
 the way, having to journey from one to two hundred and fifty 
 miles. Can language convey any just conception of the zeal of 
 men who thus regardless of toil march to the rescue of their 
 country ? 
 
 With them came hoary headed veterans of the revolution, 
 grey headed soldiers who had served under Gen. Wayne, and 
 the soldiers of the last war. Some of these war-worn veterans 
 had journeyed a long distance and exposed their aged and ven- 
 erable forms to many privations and toils by the way. — Their 
 attendance was numerous, there being near two hundred and 
 fifty in all present at their meeting. The animating and stirring 
 scene around them appeared to light up afresh the spirit which 
 in days past had called them to the tented field, to protect and 
 defend their country. These witnesses of Gen. Harrison's his- 
 tory of the Government from its organization to the present day, 
 with one heart and one voice, joined in the loud cry for — reform, 
 Reform REFORM! 
 
 Nature smiled upon the assemblage. Tuesday was clear and 
 brilliant, and at an early hour in the afternoon of that day dele- 
 gations from remote parts of the State came in, and pitched their 
 tents and formed their encampments. The day following the 
 sun arose clear, but at an early hour clouds gathered up and for 
 a time it was apprehended that there would be rain, but they 
 passed off. At an early hour delegations with flags flying and 
 banners streaming to the breeze, came in. The spectator who 
 looked on and saw the long lines of wagons, canoes, &c, filled 
 with men and the hundreds on horseback, might well have sup- 
 posed that the whole Sucker land had broken loose. 
 
546 UNCOLLECTED WORKS OF LINCOLN 
 
 For the particulars of the reception of the delegations, the 
 proceedings of the Young Men's Convention, the various ad- 
 dresses, the meeting of The Old Soldier's Convention, their pro- 
 ceedings and processions, and the addresses on Thursday, we 
 refer the reader to a subsequent account. 
 
 Justly may the whole proceedings be said to be the proudest 
 and greatest exhibition ever witnessed in Illinois; and when the 
 season of the year is considered, — now the busiest for the farmer, 
 — the sparsely settled character of the country; the fact that our 
 city is alone to be reached by land conveyance, and that over 
 roads none of the best ; we feel that we have the right to claim 
 for this the palm of being the greatest Convention yet held in 
 the West. 
 
 The propitious smiles of heaven were but repaid in the order 
 and decorum which characterised the whole proceedings. Not- 
 withstanding the number present was so great, the enthusiasm 
 so general, and the excitement so extended, everything was con- 
 ducted with perfect order and propriety. Speech on speech was 
 listened to by the crowd with undivided attention, and for hours 
 of each day the whole concourse stood upon their feet, listening 
 and responding to the flood of eloquence which was poured out 
 by the different gentlemen called upon the stands. A fact or two 
 will best attest the attention and intelligence of the audience and 
 the ability of the orators who addressed them. On Wednesday 
 the Convention was organized and the speakers called to the 
 stand about 2 o'clock; — from that hour until about 12 o'clock at 
 night, with the exception of a short adjournment for supper, the 
 crowd continued attentive listeners of the speeches — sometimes 
 two or more speaking at the same time from stands in different 
 parts of the grounds. On Thursday a like exhibition was given 
 of their attention ; and throughout the two days not the slightest 
 disturbance arose to mar the harmony of the assembly, nor was 
 there a single delegate or whig on the ground, intoxicated. In- 
 telligence, attention and sobriety were the distinguishing features 
 of the crowd and their conduct. Never did an assembly of equal 
 magnitude conduct themselves with greater honor to themselves, 
 their country and their cause. 
 
 PRAECIPE AND DECLARATION IN THE SUIT OF 
 
 WAGGENER VS. PORTER, SANGAMON 
 
 CIRCUIT COURT, JUNE 5, 1840. 
 
 (Herndon-Weik Collection) 
 
 The date of the filing of this document is in the hand of 
 
UNCOLLECTED WORKS OF LINCOLN 547 
 
 Clerk Butler, but the declaration and quoted note, with its mis- 
 spelling of <c ballance" for "balance", are from the pen of At- 
 torney Lincoln. The proecipe appears to be missing. Mr. Lincoln 
 listed it in citing the case, but there is no order to issue process 
 in his hand, William Porter, the defendant in this suit, was a 
 friend of Mr. Lincoln dating from the latter's New Salem 
 years. He was also a devoted Whig, and on November 22, 1841 
 served with Lincoln and Simeon Francis on a committee of the 
 Sangamon County Whig Convention which endorsed Joseph 
 Duncan for governor. 
 
 State of Illinois } Of the July term of the 
 
 Sangamon county J- circuit court of said county 
 
 and circuit J A. D. 1840 — 
 
 George Waggener plaintiff complains of William Porter 
 defendant, being in custody &c of a plea of Trespass on the 
 case upon premises: For that whereas the said defendant, here- 
 tofore towit; on the fourteenth day of November in the year of 
 our Lord one thousand eight hundred and thirty eight, at Spring- 
 field in the county and circuit aforesaid, made his certain prom- 
 issory note in writing, signing his name thereto "Wm Porter" 
 bearing date the day and year aforesaid, and thereby then and 
 there promised to pay one day after the date thereof to the said 
 plaintiff the sum of six hundred and fifty dollars, and interest 
 at twelve per cent till paid, for value received, and then & there 
 delivered the said promissory note to the said plaintiff ; by means 
 whereof, and by force of the statute in such case made and 
 provided, the said defendant then and there became liable to pay 
 to the said plaintiff the said sum of money, together with the 
 interest in the said promissory note specified according to the 
 tenor and effect of the said promissory note ; and being so liable, 
 he the said defendant, in consideration thereof, afterwards, towit, 
 on the day and year aforesaid, at the county and circuit afore- 
 said, undertook, and then and there faithfully promised the said 
 plaintiff to pay him the said sum of money in the said promis- 
 sory note specified according to the tenor and effect thereof — 
 
 Yet the said defendant (although often requested so to do) 
 hath not as yet paid to the said plaintiff the said sum of money 
 in the said promissory note specified, or any part thereof; but 
 so to do hath hitherto wholly neglected and refused & still doth 
 neglect and refuse — To the damage of the said plaintiff of 
 one thousand dollars, and therefore he sues &c. 
 
 Stuart & Lincoln p. q. 
 
548 UNCOLLECTED WORKS OF LINCOLN 
 
 Copy of note sued on 
 "Springfield November 14. 1838. 
 " One day after date I promise to pay to George Waggener 
 six hundred & fifty dollars and interest at twelve per cent till 
 paid value received, being the ballance due him on a final settle- 
 ment of all our business — 
 
 Wm Porter " 
 George Waggener ] 
 
 vs. )■ Precipe & Decln 
 
 Wm. Porter 
 
 Filed June 5 1840 
 
 Wm. Butler clerk 
 
 MR. LINCOLN'S FIRST APPEARANCES BEFORE THE 
 
 ILLINOIS SUPREME COURT, DECEMBER, 1839 
 AND JUNE 6 AND 18, 1840. 
 
 Mr. Lincoln made his first appearances in the Illinois Su- 
 preme Court in December, 1839 and on June 6, 1840 when he 
 moved to have the cases of Gibbs vs. Ingraham and Thomas vs. 
 Broudwell stricken from the docket. One was an appeal from 
 Pike and the other from Morgan County, and both after due 
 consideration were dismissed by the court. 
 
 Mr. Lincoln made his first argument before the Illinois 
 Supreme Court on June 18, 1840, when he appeared for the de- 
 fendant in the suit of Scammon vs. Cline, which had been ap- 
 pealed from a justice of the peace to the Boone Circuit Court. 
 Mr. Lincoln in his argument contended that the appeal should have 
 been to the circuit court of Jo. Daviess instead of Boone County. 
 The decision of the Boone Circuit Court was reversed by the 
 Supreme Court. (See Third Illinois, Page 456). 
 
 The record proves that both in the number and importance 
 of the cases in which he appeared, and also in the number which 
 he won, Mr. Lincoln was one of the foremost lawyers in practice 
 before the Illinois Supreme Court between the summer of 1840 
 and that of 1860. A study made by Dr. Harry E. Pratt in \fte^3 
 shows that during the period indicated he appeared alone or as 
 joint counsel in not less than 243 cases, and he won the greater 
 number of them, for he was at his best when given abundant 
 time for study of the facts and scrutiny of the law underlying 
 a particular case. Indeed, one has only to consider the causes 
 
UNCOLLECTED WORKS OF LINCOLN 549 
 
 which he argued before the Illinois Supreme Court to reach the 
 conclusion that in his gift for analysis, strong and unfailing 
 grasp of fundamentals, and ability to give them lucid and per- 
 suasive expression Abraham Lincoln either in or out of Illinois, 
 was one of the ablest lawyers in a period of great lawyers. (See 
 Lincoln's Supreme Court Cases, Compiled by Harry E. Pratt, 
 Illinois Bar Journal, September, 1843.) 
 
 ANSWER OF GUARDIAN AD LITEM IN THE SUIT OF 
 SEARS VS. SUMMERS, SANGAMON CIRCUIT 
 COURT, JUNE 9, 1840. 
 (Herndon-Weik Collection) 
 This answer by Rutledge was drawn by Mr. Lincoln and 
 signed by the guardian ad litem. The cover notations are in the 
 hand pf Clerk Butler. He appears to have written "Siemers" 
 as did Mr. Lincoln in the court decree of June 9, 1840, but in 
 this annswer Attorney Lincoln has clearly placed a dot over the 
 u i" in the name of Maria Siemers and one over the "m" in that 
 of her husband. Careless placement of that dot over the "i" 
 seems to have been characteristic of Mr. Lincoln, and from his 
 penmanship one may interpret the name either as "Siemers" 
 or "Seimers". And it will be noted that he prrote "refered" 
 for "referred" '. David Rutledge was a brother of Ann Rut- 
 ledge, and on June 8, 1840 Mr. Lincoln had asked for his ap- 
 pointment as guardian ad litem. He was one of Petersburg's 
 first attorneys and opposed his dead sister's friend in a number 
 of cases. (See Lincoln's New Salem by Thomas, Springfield, 
 1834, Page 94.) 
 
 The answer of David H. Rutledge, guardan ad litem, to 
 Melvina Summers, & Levi Summers to a bill filed against them 
 & Maria Seimers, & Henry Seimers, by Henry Sears, George 
 Close, Rebecca Close, and Levi Summers, administrator &c. 
 
 This Respondent, for answer to the allegations of the bill 
 in the case above referred to, says he knows nothing of the 
 truth thereof, and requires full proof of the same to be made — 
 
 D. H. Rutledge 
 Henry Sears ] 
 
 and others answer 
 
 VS. J- of guardian 
 
 Maria Siemers | ad litem 
 
 & others J 
 
 Filed June 9th 1840 
 
550 UNCOLLECTED WORKS OF LINCOLN 
 
 COURT DECREE IN THE SUIT OF HENRY SEARS 
 ET AL VS. MELVINA SUMMERS ET AL, 
 SANGAMON CIRCUIT COURT, JUNE 9, 1840. 
 (Herndon-Weik Collection) 
 Attorney Lincoln drew the court decree in this case. He 
 spelled "beginning" as "begining" , an error common in his early 
 legal papers. The decree is undated in the Herndon-Weik Col- 
 lection, but as the court handed down its decision on June 9, 
 1840, Mr. Lincoln no doubt drew the order at that time. The 
 case was begun by a bill in chancery asking conveyance of the 
 land, and on November 11, 1839, Mr. Lincoln moved that it be 
 continued to the June, 1840, term of the court. The motion was 
 granted, and an June 9, 1840, this decree in favor of Lincoln's 
 clients was handed down. Levi Summers, administrator of the 
 estate of Alfred Summers, had known Mr. Lincoln in his New 
 Solemn days. Henry Sears, complainant with him, was defend- 
 ant in the case of trespass sued on by Mr. Lincoln for Summers 
 in June, 1839, and Summers the litigant to whom Mr. Lincoln 
 makes familiar reference in his letter of May 30, 1839, addressed 
 to Natthan Dresser given in another place. 
 
 Henry Sears 
 George Close 
 Rebecca Close & 
 Levi Summers, ad- 
 ministrator of the 
 estate of Alfred 
 Summers deceased 
 vs 
 
 Maria Siemers 
 Melvina Summers 
 Levi Summers & 
 Henry Siemers 
 
 This day came the complainants, and it appearing to the 
 satisfaction of the court, that all defendants had been regularly 
 served with process, and they being three times solemnly called, 
 came not but made default — It is therefore decreed by the court, 
 that said Complainant's bill be taken for confessed, as against 
 the said Maria Siemers and Henry Siemers — And David H. 
 Rutledge having been appointed guardian ad litem to the said 
 minor heirs, Melvina Summers and Levi Summers, having filed 
 his answer, saying that he knows nothing of the truth of the al- 
 legations of the said complainant's bill, and requires full proof 
 
 In chancery — 
 
UNCOLLECTED WORKS OF LINCOLN 551 
 
 of the same to be made, and the court hearing the allegations 
 and proofs of the said complainants, and being satisfied that said 
 allegations are true — It is therefore decreed by the court, that 
 the deeds, filed with the bill in this cause, and marked (A.) 
 (B.) & (C) be cancelled, and forever annulled; and that the said 
 Complainants George Close and Rebecca Close his wife, convey 
 to the said Henry Sears, the legal title in and to the West half 
 of the South East quarter of Section Seventeen, in Township 
 Twenty North of Range Seven West of the Third Principal 
 Meridian, situate, lying and being in the county of Menard and 
 state of Illinois, excepting therefrom a lot containing two acres 
 and thirty poles and bounded as follows, to wit; Beginning 
 seven tyeight poles South of the North West corner of said tract ; 
 thence East fourteen poles ; thence South twenty poles ; thence 
 West fourteen poles; thence North to the beginning. 
 
 ASSIGNMENT OF ERRORS IN THE SUPREME COURT 
 
 CASE OF SCAMMON VS. CLINE 
 
 (Undated in Herndon-Weik Collection But Probably 
 
 June 10, 1840) 
 The portion signed by Mr. Lincoln of the document here 
 reproduced was not penned by him. The wording was his, but 
 not the hand. The misuse of capitals and lack of punctuation 
 indicate it is a poor copy of the original replication. The words 
 "in propria persona" means "in his own person", and as Jonathan 
 Young Scammon, at that time reporter of the Illinois Supreme 
 Court and a lawyer of large practice, was the plaintiff in this 
 case, it is reasonable to assume that he drew his assignment of 
 errors in person. 
 
 Supreme Court of the State of 
 Illinois, June Term A. D. 1840. 
 Jonathan Y. Scammon v. Cornelius Cline, Error to Boone 
 
 And the said plaintiff in error comes and says that in the 
 Record and proceedings aforesaid, and in the rendition of the 
 judgment aforesaid there is manifest error to wit. 
 
 1st. The court erred in dismissing said Appeal. 
 
 2nd. the judgment of the Court below was for the defend- 
 ant, whereas it should have been for the plaintiff in the Court 
 below. 
 
 Scammon in propria persona. 
 
 And the said defendant in Error comes and Says that there 
 
552 UNCOLLECTED WORKS OF LINCOLN 
 
 are no such Errors in the Record of the proceedings of the 
 Court below in this Cause as the said Plaintiff in Error hath 
 alleged Wherefore he prays that the Judgment of the Court be- 
 low may be affirmed 
 
 Lincoln for Defendant 
 
 in Error. 
 Ttf, 
 
 ABSTRACT IN THE SUIT OF SCAMMON VS. CLINE, 
 POSSIBLY JUNE, 1840, TERM OF ILLINOIS 
 SUPREME COURT. 
 (Undated in Herndon-Weik Collection) 
 This abstract is not in the hand of Mr. Lincooln, and ap- 
 pears to have been drawn by Giles Spring, who appeared for 
 Scammon. It is included with other attendant documents in order 
 to give a partial history of this early Illinois Supreme Court case 
 in which Mr. Lincoln was the counsel for Cline. 
 
 J Y Scammon ^ 
 
 vs [ Supreme Court 
 
 Cornelius Cline J June Term 1840 
 
 This cause was tried before a Justice of the peace Feb 21 
 1839 and judgment rendered against the plaintiff an appeal was 
 taken by the plff to the Boon cir ct and filed an appeal bond on 
 the first Day of March 1839 and a supersedeas was issued on 
 the second day returnable to the April Term of said court — A 
 preacipe for a summons to the defendant was filed April 26- 
 1839 returnable to said April Term. & the cause at the time was 
 continued 
 
 The cause came on for trial in the boon circuit court at the 
 April Term 1840 — an affidavit was filed that the bond had been 
 on the files of the Clerks office from 1st March up to the present 
 time 
 
 The defendant moved to dismiss the appeal — Because the 
 said appeal was taken to the circuit court of Boon county be- 
 fore any court was appointed in said county and whilst Boon 
 was attached to Jo Davess county for judicial purposes. 
 
 Which motion was sustained and is now object [ ? ] for 
 Error 
 Scammon 
 
 vs 
 Cline 
 
UNCOLLECTED WORKS OF LINCOLN 553 
 
 Act of 1837 attaches 
 
 Boon Cty to Jo Davess — 
 
 9 RT [ ?] page of agts 1838 sec 9— 
 
 — Till county is organized 
 
 Judj. on the 21st Feb. 
 
 Appeal on the 1st of March 
 
 supersedeas issued after 
 
 Appeal taken one day before the law fixed 
 
 the time for holding the Boon C. Court 
 
 LETTER OF MR. LINCOLN TO JONATHAN G. 
 
 RANDALL. JUNE 16, 1840 
 This whimsical yet appealing letter was for one father and 
 son a disturbing echo of the Young Men's Whig Convention 
 which for three days in early June of 1840 brought to Springfield 
 delegations from all parts of Illinois, and aroused much noisy 
 enthusiasm for the candidacy of General Harrison. By the same 
 token it enabled Abraham Lincoln to reap a goodly number of 
 new and devoted friends among the youthful Whig voters of the 
 state. It is also safe to assume that Jonathan Randall without 
 delay and in satisfying fashion restored the lost or stolen outfit 
 of his son Richard. t ,. 3 > f*+-* J 
 
 Springfield, ^t s 
 
 June 16 — 1840. ' T / 
 
 Jonathan G. Randall, 
 
 Rushville, 111. 
 My Dear Sir: 
 
 Your son Richard has just told me of his great loss. The 
 rascally Whigs, through a mistake, took his trunk containing all 
 his clothes off to Chicago, and his heart is almost broken. Make 
 him up some new ones just as you know he needs and make his 
 heart glad. 
 
 Yours Respectfully 
 
 A. Lincoln. 
 
 ORDER OF PAYMENT AND RECEIPT FOR SERVICES 
 
 OF SCHUYLER STRONG AND ABRAHAM 
 
 LINCOLN, JUNE 17, 1840. 
 
 This order and receipt, the originals of which are in the Illi- 
 nois State Archives, are neither the words, nor penmanship of 
 Mr. Lincoln, but form a part of his works, as the receipt was 
 
554 UNCOLLECTED WORKS OF LINCOLN 
 
 signed by proxy for him. The copy of the order appears to be 
 the work of William Prentiss, while the receipt may be the 
 handiwork of John Hogan, as order and receipt are in two dif- 
 ferent handwritings. Mr. Lincoln voted for Hogan as a mem- 
 ber of the Board of Public Works, casting his vote on February 
 
 19, 1839. He probably voted for Prentiss for alderman of 
 Springfield as the latter was a Whig who was elected to office on 
 April 20, 1840. The services rendered were those of a legal 
 nature, and the $50 for Mr. Lincoln represented attorney's fees. 
 Schuyler Strong, a Springfield attorney, and friend of Mr. Lin- 
 coln and his opponent in court, signed the receipt in his strong 
 scrazvl. His imitation of Abraham Lincoln's "A. Lincoln", was 
 a poor one. 
 
 Office of the Board of Public Works 
 Springfield Ills. June 17th 1840 
 The following is a copy of an Order adopted by the Board 
 of Public Works this day, to wit : 
 
 "Ordered, that the sum of One hundred dollars be allowed 
 to Schuyler Strong Esq and Fifty dollars to A Lincoln Esq for 
 professional services rendered the Board of Public Works 
 
 Wm Prentiss 
 Secy Bd Pub Works 
 Received Springfield June 17th 1840 of John Hogan Comr 
 of the Board of Public Works. One Hundred and fifty Dollars 
 in full for the above order of the Board Pub. Works — 
 $150— 
 
 Schuyler Strong 
 A. Lincoln 
 
 AGREEMENT BETWEEN REUBEN RADFORD AND 
 JAMES F. REED DRAWN BY MR. LINCOLN 
 
 JUNE 17, 1840 
 This agreement drawn by Mr. Lincoln had to do with the 
 division of $1000 involved in a lawsuit then pending between 
 Radford as defendant and John L. Roberts. The day after it 
 was drawn, June 17, Mr. Lincoln made one of his first arguments 
 in the Illinois Supreme Court when he appeared for the de- 
 fendant in the suit of Scammon vs. Cline, an appeal from Boone 
 County which that body decided against his client on February 
 24, 1841. It is also proper to recall that two days later, June 
 
 20, 1840, Samuel F. B. Morse received a patent for the telegraph, 
 and in the class graduated at West Point were two young men, 
 
UNCOLLECTED WORKS OF LINCOLN 555 
 
 George Henry Thomas of Virginia and William Tecumseh 
 Sherman of Ohio who twenty odd years later were to hold high 
 place among the generals who made it possible for President 
 Lincoln to subdue the Confederacy. 
 
 It is hereby agreed by and between James F. Reed and Reu- 
 ben Radford, that the sum of one thousand dollars in state script 
 be deposited with William Prentiss by the Board of Internal 
 Improvements, of the sum due said Radford through said Reed, 
 by said Board, to indemnify said Reed for what he may have 
 to pay for said Radford in case wherein he said Reed has been 
 served a garnishee in a suit by John S. Roberts against said Rad- 
 ford — It is further agreed, that when the said case of Roberts 
 against Radford shall be determined, said Prentiss is to pay to 
 said Roberts so much of the said one thousand dollars as the 
 court may have decided to be paid by Reed to Roberts, and the 
 remainder, if any there be, is to be paid to said Radford by said 
 Prentiss. 
 
 P. Radford 
 James F. Reed 
 June 17th 1840 
 
 ASSIGNMENT OF ERRORS IN THE SUIT OF JAMES 
 
 & LEONARD VS. HUGHILL, APPEAL TO THE 
 
 STATE SUPREME COURT, JUNE TERM, 
 
 1840, FROM TAZEWELL COUNTY. 
 
 Stuart & Lincoln were attorneys for the appellants m this 
 
 case which is reported in Third Illinois, Page 362. The opposing 
 
 counsel was Stephen T. Logan. 
 
 In the Supreme Court of the State of Illinois — 
 
 June Term 1840 
 James & 
 
 Appeal from 
 Tazewell 
 
 Leonard 
 
 vs 
 Hughill 
 
 And the said plaintiff assigns for error, in the record, decree, 
 and proceedings therein, the following towit: 
 
 First — The court below erred in rendering the interlocutory 
 decree, as by the default of the defendants below, and subse- 
 quently the final decree, because the said defendants below, do 
 not appear by the record, to have been regularly served with 
 process — 
 
556 UNCOLLECTED WORKS OF LINCOLN 
 
 Second — The court below erred, in that it decreed in said 
 cause, for appelee, whereas it should have decreed for the ap- 
 pelants (sic) ; and also for other errors in the record and de- 
 crees aforesaid. 
 
 Stuart & Lincoln for 
 
 appellants 
 James & * 
 
 Leonard 1 Assignment of 
 
 v& j Errors — 
 
 Hughill 
 
 Filed June 19, 1840 
 J. M. Druman 
 
 COMPLAINT IN THE SUIT OF DITSON VS. 
 
 McMURRY, SANGAMON CIRCUIT COURT, 
 
 JULY TERM, 1840. 
 
 In this case Stuart & Lincoln were counsel for the plaintiff, 
 zvho on July 17 secured a judgment by default. On the same 
 day Stuart & Lincoln secured judgments in three other cases, 
 and the junior member of the firm gave notice in the Sangamo 
 Journal that at one o'clock in the afternoon of Monday, July 20, 
 he would address the people of Springfield at the court house. 
 It was then that he had the debate with Jesse B. Thomas dealt 
 with in another place. 
 
 State of Illinois ] Of the July term of the 
 
 Sangamon County [ circuit court of said 
 
 & Circuit J county A.D. 1840 
 
 Jesse Ditson plaintiff, complains of Logan McMurry de- 
 fendant being in custody &c of a plea that he render unto the 
 said plaintiff the sum of one hundred dollars which he owes to 
 and unjustly detains from him. For that whereas the said de- 
 fendant, heretofore towit, on the twentyeighth day of April in 
 the year of our Lord one thousand eight hundred and twenty 
 eight at the county and circuit aforesaid by his certain writing 
 obligatory sealed with his seal, and now shown to the court the 
 date whereof is the day and year aforesaid acknowledged him- 
 self to be held and firmly unto the said plaintiff in the sum of 
 one hundred dollars, above demanded, to be paid to the said 
 plaintiff one day after the date of the said writing obligatory, 
 
UNCOLLECTED WORKS OF LINCOLN 557 
 
 with twelve per cent interest from (the) date (of the said writ- 
 ing obligatory) until paid for value received — 
 
 Yet the said defendant (although often requested sotodo) 
 hath not as yet paid the said sum of one hundred dollars above 
 demanded or any part there of to the said plaintiff, but hath 
 hitherto wholly neglected and refused and still neglects and re- 
 fuses so to do. To the damage of the said plaintiff of one hun- 
 dred dollars and therefore he brings suit &c 
 
 Stuart & Lincoln pq 
 
 Copy of writing sued on 
 "Sangamon City April 28th 1838 
 "On day after date I promise to pay Jesse Ditson or order one 
 hundred dollars with twelve per cent interest from date until 
 paid for value reed." 
 
 DECLARATION AND PRAECIPE IN THE SUIT OF 
 TROTTER VS. THOMAS, SANGAMON CIRCUIT 
 COURT, JULY 1, 1840. 
 ( Herndon-Weik Collection) 
 The hand of Attorney Lincoln is evident throughout the 
 documents in this case. The date of filing purports to be signed 
 by Clerk Butler, but does not appear to be in his hand. Mr. 
 Lincoln, it will be noted, was guilty of one or two slight sins of 
 omission, but these may be pardoned m a busy lawyer pho penned 
 more legal documents than most men of his day. Ninian W. 
 Edwards, to whom the note sued on was made, was the son and 
 namesake of a man who had studied law under William Wirt, 
 and by appointment of President Madison had served as gov- 
 ernor of Illinois when it was still a territory, later becoming one 
 of its representatives in the Federal Senate and in 1826 its gov- 
 ernor for four years. 
 
 The younger Edwards, a lawyer by profession, was the 
 brother-in-law of Mary Todd Lincoln, having married her sister 
 Elizabeth, and it was at their home in Springfield that in 1842 
 Abraham Lincoln and Mary Todd were united in marriage. First 
 a Whig and later a Democrat, Edwards served several terms in 
 the Illinois Legislature, in 1836 as a colleague of Mr. Lincoln, 
 when as one of the famous Long Nine he helped to secure the 
 removal of the state capital from Vandalia to Springfield. For 
 three years following 1854, by appointment of Governor Mat- 
 teson he was superintendent of public instruction, and was in a 
 
558 UNCOLLECTED WORKS OF LINCOLN 
 
 large measure responsible for the establishment of the state 
 system of public schooling in Illinois. He performed his last 
 public service as captain commissary of subsistence to which 
 post he was appointed in June, 1861, by President Lincoln. The 
 career of Jesse B. Thomas who made the note sued on by Trotter 
 is set forth in another place. 
 
 State of Illinois } Of the July term of the 
 
 Sangamon county j- ss Circuit court of said 
 & Circuit J county A. D. 1840. 
 
 George Trotter, plaintiff, complains of Jesse B. Thomas Jr. 
 defendant, being in custody &c of a plea of trespass on the case 
 upon premises: For that whereas the said defendant heretofore 
 towit, on the twelfth day of October in the year of our Lord one 
 thousand eight hundred and thirtyeight, at the county and circuit 
 aforesaid, made his certain promissory note in writing, bearing 
 date the day and year aforesaid, and thereby then and there 
 promised to pay, one year after date thereof to Ninian W. Ed- 
 wards or order, the sum of seven hundred dollars, with twelve 
 per cent interest per annum, from and after the expiration of 
 the year until paid, for value received, and then and there de- 
 livered the said promissory note to the said Ninian W. Edwards 
 And the said Ninian W. Edwards to whom or to whose order 
 the payment of the said sum of money in the said promissory 
 note specified was to be made, after the making of the said 
 promissory note, and before the payment of the said sum of 
 money therein specified, towit, on the day and year aforesaid, 
 at the county and circuit aforesaid, assigned the said promissory 
 note, by indorsement thereon in writing, by which assignment, 
 he the said Ni.nian W. Edwards, then and there ordered and 
 appointed the said sum of money in the said promissory speci- 
 fied to be paid to the said plaintiff, and then and there delivered 
 the said promissory note, so assigned as aforesaid, to the said 
 plaintiff; by means whereof, and by force of the statute in such 
 cases made and provided, the said defendant then and there be- 
 came liable to pay to the said plaintiff the said sum of money 
 in the said promissory note specified, according to the tenor and 
 effect of the said promissory note; and being so liable, he the 
 said defendant, in consideration thereof, afterwards, towit, on 
 the day and year aforesaid, undertook, and then and there faith- 
 fully promised the said plaintiff to pay him the said sum of 
 money in the said promissory note specified according to the 
 tenor and effect thereof — 
 
UNCOLLECTED WORKS OF LINCOLN 559 
 
 Yet the said defendant (although often requested sotodo) 
 hath not as yet paid the said plaintiff the said sum of money in 
 the said promissory note specified, or any part thereof ; but so 
 to do hath hitherto wholly neglected and refused, and still doth 
 neglect and refuse. To the damage of the said plaintiff of one 
 thousand dollars; and therefore he brings suit &c. 
 
 Stuart & Lincoln p q. 
 
 George Trotter 
 
 vs J- Declaration & Precipe 
 
 Jesse B Thomas Jr J 
 
 Filed July 1st 1840 
 Butler Clerk 
 
 Original Note of Thomas, October 12, 1838 
 "One year after date I promise to pay to Ninian W. Edwards 
 or order seven hundred dollars with twelve per cent interest per 
 annum from and after the expiration of the year until paid for 
 value received this 12th October 1838 — 
 
 Jesse B Thomas Jr" 
 Note for $700 — 
 Jesse B Thomas Junr 
 12th Oct 1838 
 Pay to George Trotter 
 Ninian W Edwards 
 
 COMPLAINT IN THE SUIT OF ILES VS. LYMAN 
 AND LYMAN, SANGAMON CIRCUIT COURT, 
 JULY 2, 1840. 
 Available records do not indicate the outcome of this suit 
 in which Stuart & Lincoln appeared as counsel for the plaintiff; 
 but it serves to recall an arresting figure in the early history of 
 Sangamon County and of Springfield. Elijah lies was a native 
 of Kentucky who settled in Illinois in 1821 at the age of twenty- 
 five just after Springfield, a hamlet of less than p dozen families, 
 had been made the county seat of the lately created county of 
 Sangamon. He set up as a merchant in Springfield with a grow- 
 ing measure of success, served with his future attorneys in the 
 Black Hawk War, and, a leader in all that made for the growth 
 of Springfield, in 1839 built the American Hotel, for a period 
 of years the largest hotel in Illinois. He also helped to secure 
 the removal of the state capital from Vandalia to Springfield; 
 
560 UNCOLLECTED WORKS OF LINCOLN 
 
 built and conducted the first grain elevator in the town, and do- 
 nated the ground for the graveyard where in ripe age he was 
 laid to rest. 
 
 State of Illinois ] Of the July Term of the 
 
 Sangamon County J- Circuit court of said county 
 
 & Circuit J A.D. 1840 — 
 
 Elijah lies, plaintiff, complains of Cornelius S. Lyman and 
 Cornelius Lyman, defendants, being in custody &c of a plea of 
 trespass on the case upon premises : For that whereas the said 
 defendants, heretofore towit, on the first day of May in the year 
 of our Lord one thousand eight hundred and thirtynine, at the 
 county and circuit aforesaid, made their certain promissory note 
 in writing, bearing date the day and year aforesaid, and thereby 
 then and there promised to pay, twelve months after the date 
 thereof to one Eddin Lewis, the sum of one hundred and twenty 
 dollars, bearing twelve per cent interest from the date of the 
 said note until paid, for value received and then and there de- 
 livered the said promissory note to the said Eddin Lewis, and 
 the said Eddin Lewis, to whom the payment of the said sum 
 of money in the said promissory note specified was to be made, 
 after the making of the said promissory note, and before the 
 payment of the said sum of money therein specified towit, on 
 the tenth day of January in the year of our Lord one thousand 
 eight hundred and forty, at the county and circuit aforesaid, 
 assigned the said promissory .note by indorsement in writing 
 thereon, by which said assignment he the said Eddin Lewis then 
 and there ordered and appointed the said sum of money in the 
 said promissory note specified to be paid to the said plaintiff and 
 then and there delivered the said promissory note, so assigned 
 as aforesaid to the said plaintiff; by means whereof, and by force 
 of the statute in such case made and provided they the said de- 
 fendants, then and there became liable to pay to the said plaintiff 
 the said sum of money in the said promissory note specified ac- 
 cording to the tenor and effect of the said promissory note; and 
 being so liable they the said defendants, in consideration thereof, 
 afterwards towit, on the day and year last aforesaid, at the 
 county and circuit aforesaid undertook and then and there faith- 
 fully promised the said plaintiff to pay him the said sum of 
 money in the said promissory note specified according to the 
 tenor and effect thereof — 
 
 Yet the said defendants (although often requested so to do) 
 have not as yet paid to the said plaintiff the said sum of money 
 
UNCOLLECTED WORKS OF LINCOLN 561 
 
 in the said promissory note specified, or any part thereof, but 
 so to do have hitherto wholly neglected and refused, and still 
 do neglect and refuse so to do — To the damage of the said 
 plaintiff two hundred and fifty dollars and therefore he sues &c 
 
 Stuart & Lincoln pq 
 
 Copy of note sued on 
 
 "Twelve months after date we or either of us promise to pay 
 Eddin Lewis one hundred and twenty dollars for value received 
 of him Bearing twelve per cent from this date until paid this 
 first day of May 1839 — 
 
 Cornelius S. Lyman 
 C Lyman" 
 
 Copy of assignment 
 
 "'For value received, I assigne the within note to Elijah lies, 
 10th January 1840. 
 
 Eddin Lewis" 
 
 COMPLAINT IN THE SUIT OF STOCKTON VS. TOLLY, 
 SANGAMON CIRCUIT COURT, JULY 2, 1840 
 This is another case in zvhich Stuart & Lincoln appeared as 
 counsel for the plaintiff where available records are silent as to 
 the result, but Stockton, the plaintiff, was a man much given to 
 litigation and appeared at frequent intervals in the courts, some- 
 times with Attorney Lincoln as his counsel and now and again 
 opposing him. One hopes that in this instance he was awarded 
 damages for the stove Carrier Tolly apparently had handled in 
 so careless a manner. 
 
 State of Illinois ^ 
 
 Sangamon County )■ Of the July term of the circuit 
 
 And Circuit J court of said county A.D. 1840 
 
 George W. Stockton plaintiff complains of James Tolly de- 
 fendant, being in custody &c. of a plea in assumpsit For that 
 whereas the said defendant before and at the time of the mak- 
 ing of his promise and undertaking hereinafter mentioned, was 
 a common carrier of goods and merchandise for him in and by 
 a certain waggon, or cart, from Beardstown to Springfield towit 
 at the county and circuit aforesaid — And the said defendant 
 being such carrier as aforesaid, the said plaintiff, heretofore towit 
 
562 UNCOLLECTED WORKS OF LINCOLN 
 
 on the nineteenth day of February in the year of our Lord one 
 thousand eight hundred and thirtyseven at Beardstown towit, 
 at the county and circuit aforesaid at the special instance and 
 request of the said defendant caused to be delivered to him the 
 said defendant, so being such carrier as aforesaid at Beardstown 
 aforesaid a certain stove of the said plaintiff of great value to- 
 wit of the value of seventyfive dollars to be taken care of, and 
 securely carried and conveyed by the said defendant as such 
 carrier as aforesaid, in and by the said waggon or cart from 
 Beardstown aforesaid to Springfield aforesaid and then, towit 
 at Springfield aforesaid to be safely and securely delivered by 
 the said defendant for the said plaintiff; and in consideration 
 thereof, and of certain reward to him the said defendant, in that 
 behalf, he the said defendant, being such carrier as aforesaid 
 then and there towit on the day and year aforesaid, at the county 
 and circuit aforesaid, undertook and faithfully promised the said 
 plaintiff to take care of the said stove aforesaid, and safely and 
 securely carry and convey the same in and by said waggon or 
 cart from Beardstown aforesaid to Springfield aforesaid, and 
 there, to wit at Springfield aforesaid, safely and securely to de- 
 liver the same for the said plaintiff — And although the said 
 defendant received the said stove aforesaid for the purpose afore- 
 said, yet the said defendant as such carrier not regarding his duty 
 as such carrier nor his said promise and undertaking so made as 
 aforesaid, but contriving and fraudulently intending craftily and 
 subtly to deceive the said plaintiff in this behalf, hath not taken 
 care of the said stove aforesaid or safely or securely carried or 
 conveyed the same from Beardstown aforesaid, to Springfield 
 aforesaid, nor hath then, towit, at Springfield aforesaid, safely 
 and securely delivered the same for the said plaintiff, but on the 
 contrary thereof he, the said defendant being such carrier as 
 aforesaid so carelessly and negligbly behaved and conducted him- 
 self with respect to the said stove aforesaid, that by and through 
 the mere carelessness, negligence, and improper conduct of the 
 said defendant in this behalf, the said stove aforesaid being of the 
 value aforesaid, afterwards, towit on the day and year aforesaid, 
 at the county and circuit aforesaid, became and was wholly broken 
 to pieces, destroyed and lost to the said plaintiff, towit at Spring- 
 field aforesaid — To the damage of the said plaintiff of one 
 hundred dollars and therefore he sues &c 
 
 Stuart & Lincoln pq 
 
UNCOLLECTED WORKS OF LINCOLN 563 
 
 PLAN OF CAMPAIGN DRAWN BY MR. LINCOLN, 
 JULY, 1840, OR EARLIER. 
 
 This plan drawn by Mr. Lincoln, the original of which is 
 now owned by the Missouri Historical Society, shows the care he 
 gave in the summer of 1840 to details of the campaign to assure 
 the choice of Whig electors in Illinois. The concluding line in 
 the document, beginning with the words, "It shall be," and end- 
 ing with the incomplete phrase, "to make a," is not his work. 
 This last sentence is minute in character of writing, but appears 
 to be the work of lohn T. Stuart. The use of the small "m" in 
 "monday" is not common with Lincoln, although his incorrect 
 use of small letters in place of capital letters is found from time 
 to time. The plan reveals a characteristic usage of extra spacing. 
 
 The underlined word, "task" ', does ndt seem to have signi- 
 ficance but it is interesting to consider the importance of getting 
 votes stressed by a man who has too often been pictured as a 
 naive gentleman who sat back and permitted himself to be nomi- 
 nated for the Presidency. The document throws little new light 
 on the Lincoln known to students, but it may reveal Lincoln, the 
 Illinois politician, to many a reader. Be it noted again that, while 
 Harrison was elected, the skill and adroitness of Stephen A. 
 Douglas, who was chiefly responsible for the conduct of the Van 
 Buren campaign in Illinois, assured the election in that state of 
 Democratic electors — an outcome in no way pleasing to Mr. Lin- 
 coln and his Whig associates. 
 
 1st Appoint one person in each county as county captain, 
 and take his pledge to perform promptly all the duties assigned 
 him — 
 
 Duties of the county captain 
 
 1st To procure from the poll-books a separate list for each 
 Precinct of all the names of all those persons who voted the Whig 
 ticket in August — 
 
 2nd To appoint one person in each Precinct as Precinct Cap- 
 tain, and, by a personal interview with him procure his pledge, to 
 perform promptly all the duties assigned him — 
 
 3rd To deliver to each Precinct Captain the list of names as 
 above, belonging to his Precinct; and also a written list of his 
 duties — 
 
 Duties of the Precinct Captain 
 
 1st To divide the list of names delivered him by the county 
 captain, into Sections of ten who reside most convenient to each 
 other — 
 
564 UNCOLLECTED WORKS OF LINCOLN 
 
 2nd To appoint one person of each Section as Section Cap- 
 tain, and by a personal interview with him, procure his pledge 
 to perform promptly all the duties assigned him — 
 
 3rd To deliver to each Section Captain the list of names be- 
 longing to his Section and also a written list of his duties — 
 Duties of the Section Captain 
 
 1st To see each man of his Section face to face, and procure 
 his pledge that he will for no consideration (impossibilities ex- 
 cepted) stay from the polls on the first monday in November; 
 and that he will record his vote as early in the day as possible — 
 
 2nd To add to his Section the name of every person in his 
 vicinity who did not vote with us in August, but who will vote 
 with us in the fall, and take the same pledge of him, as from 
 others — 
 
 3rd To task himself to procure at least such additional names 
 to his Section — 
 
 PLEA AND SET OFF IN THE SUIT OF MOCK VS. 
 
 LASWELL, SANGAMON CIRCUIT COURT, 
 
 JULY 28, 1840. 
 
 (Herndon-Weik Collection) 
 
 This plea and set off were penned for Baker & Strong by 
 
 Mr. Lincoln who signed their firm name to the papers in the case. 
 
 He wrote the cover notations, with the exception of the date of 
 
 filing. It may be noted that these two papers are incorrectly filed 
 
 in the Herndon-Weik Collection, being under "Saswell ads. 
 
 Mock." Studies to date present no court record in this case. 
 
 The affidavit of July 20, 1840, the account rendered, and this plea 
 
 represent \the known evidence of Mr. Lincoln having played a 
 
 part in it. 
 
 Thomas Laswell 1 
 
 ads \ In Assumpsit 
 
 Henry Mock J 
 
 And the said defendant comes and defends the wrong and 
 injury when &c. and says plaintiff actio non because he says he 
 did not undertake and promise in manner and form as the plain- 
 tiff in his said declaration hath alleged against him ; and of this 
 he puts himself upon the country &c. 
 
 Baker & Strong p. d. 
 
 And the said defendant hereby gives notice to the said plain- 
 tiff, that he will, on the trial of the above cause, offer to prove 
 
UNCOLLECTED WORKS OF LINCOLN 565 
 
 and set off the annexed account of the said defendant against said 
 plaintiff. 
 
 Baker & Strong p. d. 
 Thomas Laswell 
 
 1 
 ads )» Plea & 
 J Setoff 
 Henry Mock 
 
 Plea & Notice 
 Filed July 28, 1840 
 Wm. Butler Clk 
 
 SPEECHES OF MR. LINCOLN IN SUPPORT OF 
 HARRISON, FEBRUARY 10 TO OCTOBER 20, 1840. 
 
 Although the records at command are slight in volume and 
 of secondary value it is not difficult to shape a fairly accurate 
 account of Mr. Lincoln's part as a Whig speaker in the presi- 
 dential campaign of 1840, for, with timely adaptation in each 
 instance to local conditions, in the sixty-odd appeals for the 
 election of Harrison which he made in Illinois and Kentucky 
 between March 10 and October 20, he closely followed the care- 
 fully prepared address delivered by him in Springfield on No- 
 vember 20, 1839, and which, promptly printed in pamphlet form 
 for general distribution, can be found in Volume I, Pages 100 to 
 141 of Nicolay and Hay's Complete Works. 
 
 Mr. Lincoln made his first appeal for the election of Harri- 
 son at a dinner which closed an all-day Whig rally in Peoria on 
 February 10, and five days later the Peoria Register and North- 
 western Gazette praised him for "fearlessly and eloquently ex- 
 posing the iniquities of the sub-treasury scheme" then being 
 urged by the Van Bur en administration. And it is also inter- 
 esting to recall that on the other side of the Atlantic on February 
 10, 1840, Queen Victoria of England became the wife of her 
 cousin, Prince Albert of Saxe Coburg and Gotha — a union 
 charged with fateful import for a future President, for it was 
 the intervention of the prince consort, a friend and zvell-wisher 
 of the North that, just before his death in December, 1861, pre- 
 vented a disastrous break over the Trent Affair between Wash- 
 ington and London where a quarrelsome Palmerston then headed 
 the British Cabinet. 
 
 A three-day political debate between Whigs and Democrats 
 began at Jacksonville on March 16. // was opened by Edward 
 
566 
 
 UNCOLLECTED WORKS OF LINCOLN 
 
 . 
 
 
 Dickinson Baker who was replied to in a two-hour speech next 
 day by Josiah Lamborn. What followed was thus reported on 
 March 27 not without bias by the Democratic Register of Spring- 
 field : 
 
 When Mr. Lamborn concluded, the meeting adjourned to 
 the market house to hear a speech from Mr. Lincoln, who had 
 come there for the sole purpose of making a speech. Lincoln 
 proceeded in his speech, dealing out the usual quantum of abuse 
 upon the administration of Gen. Jackson, to convince the people 
 that Martin Van Buren ought not to be elected President: when, 
 the signs not appearing very favorable, he was requested to post- 
 pone the balance of his speech until night, which he consented 
 to do. Mr. Douglas was then called to address the people, which 
 call he obeyed. As powerful and convincing speeches as Mr. 
 Douglas has made, never upon any former occasion did he so 
 completely triumph over a political opponent. This was not only 
 the opinion of his friends, but also that of his political opponents. 
 At night Mr. Lincoln again led off to a crowded audience, at the 
 court-house, and spoke about two hours, with onlv tolerable suc- 
 cess — we say only tolerable success, for his friends confessed 
 their disappointment and mortification. Mr. Douglas followed 
 . . . and completely used up Mr. Lincoln and his speech. When 
 Mr. Lincoln read from the Report of the Secretary of the 
 Treasury the long list of defaulters, to prove that Mr. Van 
 Buren's administration is corrupt, Mr. Douglas defied him to 
 show that any one officer appointed by Mr. Van Buren had ever 
 proved a defaulter, whilst hundreds had occurred under every 
 other administration. 
 
 Mr. Lincoln spoke at a Whig rally in Carlinville on April 
 6, and three days later, he addressed the people of Alton, hif 
 address being thus reported on April 11 by the Telegraph of that 
 town: 
 
 A. Lincoln, Esq. of Sangamon county, one of the Presi- 
 dential Electors, addressed the citizens of Alton, on last Thurs- 
 day evening at the old Court room, on the great questions at issue 
 between the people and the office-holders. Although not more 
 than two or three hours previous notice could be .given of the 
 intended meeting, the room, which is very spacious, was crowded 
 to excess; and his speech, which, although highly argumentative 
 and logical, was enlivened by numerous anecdotes, was received 
 with unbounded applause, and left a very favorable impression 
 on the minds of his auditors. 
 
 A 
 
UNCOLLECTED WORKS OF LINCOLN 
 
 567 
 
 On April 11, Mr. Lincoln was one of ten speakers at an 
 all-day and evening rally at Belleville. Two days later the Mis- 
 souri Republican declared his speech "lucible, forcible, and effec- 
 tive/' but in its next issue the Advocate, a Democratic, news- 
 paper lately set-up in Belleville, which championed the cause of 
 its party with spirit and energy, had this curt reference to it-. 
 
 Mr. Lincoln followed a federal candidate for elector. His 
 speech was weak, puerile, and feeble. "How different" remarked 
 many of the Whigs, "to what we had expected." Poor Lincoln ! 
 he should have rested his fame upon his printed speech, going the 
 rounds of the federal papers, as purported to have been delivered 
 by him at Springfield. He predicated his whole speech unon 
 the sale of the one-eyed horse for twenty-seven dollars, that 
 happened to be sold by a constable during the dav. To what 
 slight accidents are we frequently indebted for our great things ! 
 How very fortunate for the Whigs that Mr. Lincoln saw the sale 
 of the one-eyed horse that day! He was thus enabled to nrove 
 that Mr. Van Buren caused it, together with all the other ills 
 in life that us poor morals "are heir to." 
 
 On May 2 at Tremont in Tazewell County there was a four- 
 cornered debate in which Lincoln and Douglas had a part. One 
 of the Whigs who helped to make up an audience that filled the 
 course-house put on paper this lively account of the meeting pub- 
 lished on May 15 in the Sangamo Journal: 
 
 The debate was opened by Mr. Lincoln, who after some gen- 
 eral and appropriate remarks concerning the design and object 
 of all Governments, drew a vivid picture of our prospects and 
 happy condition previous to the time of the war which was wap-ed 
 against the U. S. Bank, the constitutionality ,as well as the great 
 utility of which he vindicated in a most triumphant manner. He 
 next turned his attention to the Sub-Treasurv, the hideous de- 
 formity and injurious effects of which were exposed in a mast- 
 erly style. He then reviewed the political course of Mr. Van 
 Buren, and especially his votes in the New York Convention in 
 allowing Free Negroes the right of suffrage, and his Tanus-faced 
 policy in relation to the war. In this part of his speech Mr. Lin- 
 coln was particularly felicitous, and the frequent and spon- 
 taneous bursts of applause from the People, gave evidence that 
 their hopes were with him. He related many highly amusing 
 anecdotes which convulsed the house with laughter: and con- 
 cluded his eloquent address with a successful vindication of the 
 civil and military reputation of the Hero of Tippencanoe. — 
 
 P 
 
 >pde.*-<s\^£&<4r 
 

 568 UNCOLLECTED WORKS OF LINCOLN 
 
 During the whole of Lincoln's address Douglass manifested the 
 utmost petulancy and want of gentlemanly decorum, freauentlv 
 interrupting the speaker, and reminding one forcibly by his man- 
 ner of "a tempest in a teapot." At the close of Lincoln's sneech 
 which was responded to by three hearty cheers, the Little Giant 
 ascended the rostrum, but it was no go. The Bie Giant had 
 effectually used his candidate up, and he only raved incoherently 
 about high tariff, people's money (which by the bye has all been 
 stolen by his own friend) U. S. Bank, blasphemy. Tom Ben- 
 ton, &c. 
 
 Mr. Lincoln spoke on June 27 at Shelbyville, where accord- 
 ing to a correspondent of the Democratic Reaister. "he had but 
 a thin audience/' A larger crowd, however, greeted him in his 
 home town of Springfield on Jidy 20. After the fiery Doualas 
 the Democratic leader with whom he appears to have been keen- 
 est to break a lance in the campaign of 1840 was Jesse Burgess 
 Thomas, nephew and namesake of an early federal senator from 
 Illinois, and himself a man of parts, who in 1843 succeeded 
 Douglas an the bench of the State Supreme Court and who. at 
 the time of his death in 1850 at the age of fourth-four \ was a 
 leader of the Chicago bar. When Lincoln and Thomas met in 
 joint debate at the Springfield court-house on July 20 the former 
 charged his opponent with the authorship of the letters sianed 
 "Conservative" zvhich had appeared some time before in the 
 Sangamo Journal, and Lincoln retorted in such savage fashion 
 that the Register, in its issue of July 24, regretfully recorded that 
 he had "descended to such low, vulgar abuse that many of the 
 Whigs were disgusted and openly avowed 'decided disapproba- 
 tion' of his conduct" — a view of the matter, however, not shared 
 by the Sangamo Journal and a majority of Mr. Lincoln's friends 
 who felt that he had only returned in full measure the fare dealt 
 him by Thomas. 
 
 At Waterloo on August 25 Mr. Lincoln participated in a 
 joint debate with Adam Wilson Snyder, a Democratic elector 
 who had come from Pennsylvania to Illinois twenty-five years 
 before, and who liad studied law while working as a wool-curler, 
 later winning a noteworthy place at the bar and in Politics. Mr 
 Lincoln spoke for two hours to an intent and "crowded au- 
 dience.' Mr. Snyder followed in an address of equal lenath. and 
 according to a report from the Waterloo correspondent of the 
 Springfield Register zvhich appeared in that journal on SeMem- 
 
UNCOLLECTED WORKS OF LINCOLN 569 
 
 her 4 had much the best of the war- of -words. This correspond- 
 ent wrote as follows: 
 
 Early on Monday morning a notice was placed on the court- 
 house that A. Lincoln, Esq. would address the peoole on Tues- 
 day. There was present to hear him a crowded audience. From 
 his heretofore printed speech, and the high qualifications the 
 Whigs had attributed to the man, public expectation was ex- 
 cited in a great degree. — The Whigs were chuckling, as usual, 
 with the anticipated triumph of their orator. The Democrats of 
 this county had on the ground their old favorite. A. W. Snyder, 
 one of the electors, and felt confident that LincoLn would be well 
 answered. — Mr. Lincoln commenced his speech, and a more 
 soft milk and cider thing was rarely ever heard. He seemed 
 like a man traveling over unknown ground, hesitating, feeling 
 his way, lest he should fall into some quick sand. He spoke 
 about two hours, going over much of the slang that you see 
 every day in the Federal papers. On the whole, the speech was 
 any thing but what it was expected to be. Both parties were 
 disappointed at the effort. 
 
 But still ready to meet all comers Mr. Lincoln about August 
 28 in an unfinished church at Mount Vernon met John Alex- 
 ander Mc demand in joint debate. Mr. Mc demand was a 
 native of Kentucky born in 1812 who had passed his youth in 
 Shawneetown, where at the age of twenty he was admitted to 
 the bar and volunteered for service in the Black Hawk War. 
 Thereafter his rapid advancement in politics included three 
 terms in the Illinois Legislature and four terms in Conor ess. 
 There is no extant account of how Lincoln and Mc demand 
 fared in their meeting at Mount Vernon, but following 1856, 
 when Mc demand became a resident of Springfield and three 
 years later the representative of tliat district in Congress, their 
 relations were lively and for Mr. Lincoln now and again per- 
 plexing ones. In 1861, McClemand, ever intent on being in the 
 thick of things, left Congress to become first a brigadier and then 
 a major general of volunteers, but his clashes zvith Grant in thp 
 Vicksburg campaign and his general reluctance to take orders 
 presented a continuing problem to President Lincoln until in 
 1864 he resigned from the service and returned to bnRtics mid 
 the practice of law. 
 
 Mr. Lincoln on September 1 spoke at a Whig barbecue in Sfa 
 Carmi where he was the guest of his friend Edwin R. Webb, 
 who was also serving as a Whig elector. It is brobabU thnt he 
 
 f 
 
570 UNCOLLECTED WORKS OF LINCOLN 
 
 "r^y spoke two days later at Mt. Carmel and on September 5 he aaain 
 met Mc demand in joint debate at Shawneetown. He sfinke at 
 Morganfield, Kentucky, across the Ohio River from Shanm.ee- 
 town, on September 8, and between September 7 and 17 he de- 
 bated at Shawneetown and Equality with Josiah Lamborn, an 
 adroit and truculent antagonist. The Springfield Repister of 
 October 2 thus commented on their meetina at Eaualitv: 
 
 We learn from a gentleman who was present at the late oo- 
 litical discussion at Equality, that after Mr. Lamborn had conr 
 cluded an eloquent and powerful speech, showingr the identity 
 of modern Whiggery and ancient Federalism, Mr. Lincoln rose 
 and told the people that if they would attend on the. next dav. 
 he would prove to their satisfaction that the Van Buren oartv 
 was the old Federal party, and that the Whigs were the old- 
 fashioned Democrats. At this moment an aged, grav-headed 
 gentleman by the name of Wilson ,arose in the crowd and said 
 to Mr. Lincoln: "Stop my young friend, I listened to vour 
 speech yesterday with the deepest interest, and admired it as a 
 true exposition of the principles by which our party has always 
 been governed. I lived in the days of John Adams and Thomas 
 Jefferson, and was a Federalist then and wore the Black Cock- 
 ade. I am a Whig now, and support Harrison for the reason 
 that he has always belonged to our party and will carry out our 
 principles. I cherish the names of Federalist and Whig as mean- 
 ing the same thing and alike applicable to our party. I beseech 
 you, therefore, my young friend, not to cast disgrace upon our 
 party, by denying its name, origin, or integrity." 
 
 Mr. Lincoln took his aged friend's advice. — He m«de a 
 speech the next day without alluding to the name of Federalist 
 once. He entered into an elaborate defence of Federal nrincinles 
 under the name of Whiggery, and when he had concluded, his 
 venerable grey-headed friend advanced and gave him his hand, 
 saying: "Well done, my young friend! Our cause is safe in vour 
 hands." 
 
 There is a local tradition that Mr. Lincoln spoke at Marshall- 
 town in the afternoon and at Casey in the eveninq of September 
 19. On the afternoon of October 20 he debated at Albion with 
 Isaac P. Walker, a Democrat elector, and George W Harris 
 recalled in old age that he devoted a part of the mornina hours 
 of that day to a copy of Byron's poems which he had borrowed 
 from the log school house of the village. (See "My Recollections 
 of Abraham Lincoln*' by Harris in Farm and Fireside. Decern- 
 
 "*v~L 
 
 v4 
 
UNCOLLECTED WORKS OF LINCOLN 571 
 
 her 1, 1904.) There is no record that Mr. Lincoln voted in the 
 presidential election, November 2. He was in Lawrenr.einlle on 
 that day and was paid a fee for carrying the election returns of _ ^ 
 Lawrence county to Springfield there to be filed with the Secre- 
 tary of State. 
 
 Mr. Lincoln was in his thirty-second year when in 1840 he 
 first won a statewide reputation as an individual and persuasive 
 champion of the Whig cause. How at that time was park of the 
 group of unusual men born in the same year as the S Prina field 
 lawyer shaping his career? Kit Carson at Bent's Fort was takina 
 to wife a Cheyenne girl and winning fame as a Guardian oi the 
 Trail. In England Charles Darwin had lately published his A 
 Naturalist's Voyage Around the World, and. happily married, 
 was soon to make his home at Down House in Kent ctmd heain 
 the long years of labor which in 1871 bore ePoch-makinn fruit 
 in The Descent of Man. William Ewart Gladstone, born to 
 wealth and station, was already a member of Parliament and 
 fairly started on the career which, despite his much-lamented 
 misreading of the signs during the Civil War, was to aive him 
 first place among two generations of British statesmen. 
 
 In Boston Oliver Wendell Holmes was qainina repute as 
 a physician of skill and quality, and had to his credit a volume 
 of verse which included The Last Leaf, long one of the favorite 
 poems of Abraham Lincoln. In his native Virginia Cyrus Hall 
 Mc Cormick was perfecting the reaper begun by his father which 
 a fezv years later was to transform farm life in the Illinois of 
 his own and Lincoln's time. In 1840 Ed par Allan Poe was a 
 magazine editor in Philadelphia and putting forth some of the 
 best prose and verse produced by him durino a career tluit nine 
 years later was to reach a sordid and tragic end in Baltimore. 
 
 And in October, 1840, Alfred Tennyson, in the auiet of an 
 English village, zvas slowly giving shape to the Idylls of the King 
 and other verse zvhich gathered in 1842 in two volumes of 
 Poems, new and old, were to win him universal fame. Rut it 
 zms not until 1850 that he published In Memorian. on which, he 
 had been engaged for many years and some of whose noblest 
 passages, born of a great friendship, recall for men and women 
 of a later time Abraham Lincoln's rise from humble oriains to 
 undying renown. 
 
572 UNCOLLECTED WORKS OF LINCOLN 
 
 ASSIGNMENT OF JUDGMENT BY GEORGE TROTTER 
 
 VS. JAMES DUNLAP, NOVEMBER 24, 1840. 
 
 (Herndon-Weik Collection) 
 
 This assignment beginning with the words "George Trotter 
 vs. Jesse B. Thomas, Judgment obtained in action of assumpsit," 
 and concluding with the phrase "November 24, 1840" was drawn 
 by Attorney Lincoln. The other part of the document was pen- 
 ned by William Butler. George Trotter signed both parts, and 
 Clerk Butler penned the cover natations to complete this three- 
 handed work. The papers of July 1, 1840 and November 13, 
 1840 include a comprehensive history of this case, and it need 
 only be noted that Mr. Lincoln asked upon July 18, 1840 that it be 
 continued due to the failure to serve process in time. As will be 
 seen by the court decree of a judgment of $792.75, Attorney Lin- 
 coln won a decisive vidtory over his political opponent, Thomas. 
 The interlocutory decree which is referred to was an interme- 
 diate decree, and not the final decree in the case. Mr. Lincoln 
 erred in one point in the penning of this legal paper, for he wrote 
 "Sagamon" for "Sangamon" , a mistake that is found in few of 
 his legal documents. 
 
 George Trotter vs. Jesse B. Thomas: Assignment of Judg- 
 ment: November 24, 1840 
 
 George Trotter ] Judgment obtained in action of 
 
 vs }• 
 
 Jesse B. Thomas, Jr. J assumpsit 
 
 George Trotter In chancery to foreclose a mortgage 
 
 vs \ 
 
 Jesse B. Thomas, Jr. J Interlocutory decree taken — 
 
 I assign the benefit of the above entitled judgment, and also 
 of the mortgage in the said chancery case, with the use of my 
 name to a final decree, both of which cases are in the circuit 
 court of Sagamon county, to James Dunlap for value received 
 
 Nov. 24th A. D. 1840— 
 George Trotter 
 Rd from William Butler for James 
 Dunlap Seven hundred & Eighty six 
 dollars & thirty three cents. 
 
 Nov. 20" 1840 
 George Trotter 
 
UNCOLLECTED WORKS OF LINCOLN 573 
 
 Trotter 
 
 vs [ assignment 
 
 J 
 
 Thomas 
 
 To James Dunlap 
 
 MR. LINCOLN OPPOSES A BILL FOR THE RELIEF OF 
 WILLIAM NORMANDY, DECEMBER 21, 1840. 
 
 There was perhaps a fair measure of partisanship in Mr. 
 Lincoln's opposition in the House session of December 21, 1840, 
 to a bill for the relief of William Normandy who had suffered 
 loss through the destruction of certain notes of the State Bank. 
 Set forth below is the report which appeared in the Sangamo 
 Journal of December 25 of a spirited debate of the proposal by 
 Whigs and Democrats. Mr. Lincoln's last recorded participation 
 in the 1840 proceedings of the House occurred on December 31 
 when he voted in favor of an unsuccessful attempt to repeal the 
 existing premium on wolf scalps. The following day brought his 
 broken engagement with Mary Todd and a period of acute men- 
 tal anguish for Mr. Lincoln. 
 
 Mr. Murphy of Cook, from the select committee to which 
 was referred the petition of Mr. Dormandy for remuneration for 
 the destruction of certain notes, of the State Bank, reported a 
 Bill for his relief — authorising the auditor to issue his warrant 
 in favor of Mr. Dormandy in the proportion to $600 that the 
 amount of stock owned by the bank, is to the whole stock. 
 
 Mr. Murphy then explained why he believed Dormandy 
 should be paid — at same time casting slurs on courts who had 
 refused relief. 
 
 Mr. Lincoln said, as wholesale charges of fraud had been 
 dealt out by the gentleman from Cook, which involved many of 
 his constituents, he felt it his duty to say something in regard to 
 this case. 
 
 It was not true, as the gentleman had stated, that the peti- 
 tioner had been defrauded through the chicanery of the law, or 
 of the courts. He would inform the House that since this Legis- 
 lature had met, the naked question of fact, of the actual destruc- 
 tion of these notes, accompanied by any question of law, had been 
 submitted to a jury, of the petitioner's own choice, and that a 
 
574 UNCOLLECTED WORKS OF LINCOLN 
 
 majority of this jury had solemnly decided that it was an attempt 
 on the part of Normandy to impose upon the Bank. Under such 
 circumstances, was it not assuming too much for the gentleman 
 from Cook to get up here and tell us, without examination on his 
 part, that the facts were as he had stated them, and that there 
 was fraud and perjury on the part of the Bank, the court, and 
 the jury? 
 
 Mr. Murphy, in reply, said, it was somewhat strange the 
 gentleman should impute fraud to one of his own constituents. 
 He supposed Mr. Normandy was a loco, and did not vote for the 
 gentleman, (Mr. Lincoln) which accounted for his offering the 
 petition. He did not charge the jury with perjury — it was noth- 
 ing unusual for a jury to disagree about a just claim, especially 
 where they had the instructions of a judge to help them, against 
 right. It might be that Mr. Normandy was unable to procure such 
 testimony as was necessary in a court of law. Mr. M. recapitu- 
 lated the circumstances of the case which he contended were suf- 
 ficient to justify the House in passing the bill. 
 
 Mr. Lincoln said, he did not know whether Mr. N. voted 
 for him or not — he presumed he did not. If there were those in 
 this House who thought this fact would have any influence on 
 his conduct in regard to this bill, he should not stop to enlighten 
 them as to his motives; he was careless of the opinion of such. 
 The gentleman from Cook persisted in reciting what he termed 
 the facts of this case. He would say to the House that the trial, 
 to which he had before alluded, was presided over by Judge 
 Breese, whom the gentleman would not charge with partiality to 
 the Bank — that this jury was composed in part by Dr. N's own 
 political friends — that he had able counsel to assist him, and that 
 upon the naked question as to whether these notes were burnt or 
 not, a majority of that jury had determined, after hearing under 
 oath all the testimony, and the arguments of counsel, that these 
 notes were not burnt. — And yet the gentleman, without investi- 
 gation, assumed that for granted, which the jury found otherwise, 
 and upon this assumption charged fraud and dishonesty upon the 
 Bank, and all who had any thing to do with the case. He thought 
 it better that one man should rest under the imputation of fraud 
 than one hundred. 
 
CHAPTER XII— SUPPLEMENTARY ITEMS, 
 1833 TO 1839. 
 
 In this final chapter there are assembled in chronological or- 
 der some fifty items of varying interest, ranging from 1833 to 
 1839, which for divers reasons — belated acquisition and difficulties 
 in accurate transcription among them — it was not practicable to 
 give their more fitting place in earlier chapters. All of them, 
 however, are charged with meaning for the Lincoln student. Here 
 is the bond executed in 1833 which permitted Berry & Lincoln to 
 sell liquor in New Salem, a venture not wholly to the liking of the 
 junior partner, which a quarter of a century later was to claim an 
 odd place in his memorable and next to the last contest with Doug- 
 las. Here also are recurring evidence in the shape of letters and 
 newspaper editorials of the ill-relish blended with envy with 
 which an ambitious Lincoln watched the swift advance of his 
 rival Douglas from local to state and national leadership. 
 
 Entries from the famous fee book of Stuart & Lincoln show 
 that the firm's financial returns from its large and growing prac- 
 tice were modest ones — both partners were always moderate 
 in their charges to clients of narrow means — while legal docu- 
 ments of divers sorts make clear how in the shaping of them Mr. 
 Lincoln mastered without delay the tools of a new trade. General 
 James Adams, friend of Douglas and Mormon Joe Smith, but 
 despised by Lincoln, reecives final dismissal from the stage in the 
 letter of An Old Settler and in a savage review of his manifest 
 and varied shortcomings. On the other hand there are letters, 
 some of them of a whimsical and amusing sort, which bear 
 convincing witness to Mr. Lincoln's rare gift for winning friends 
 and retaining them through the years despite the wear and tear 
 of every-day life. 
 
 Finally there are convention resolutions and editorials from 
 the Sangamo Journal which prove that for upward of fifteen 
 years Mr. Lincoln was a stout and unyielding Whig partisan who 
 could see no good of any sort in the Democratic party and its 
 leaders. Growth in breadth of political vision, as in other matters, 
 was with Mr. Lnicoln a gradual but inevitable process. In the 
 end his outlook became a national one, and his regard for parties 
 governed by their will and purpose to serve common and bene- 
 ficient ends. All this was in the future during his first years in 
 Springfield, but even then discerning ones came to share the belief 
 that he had uncommon gifts and had before him an uncomman 
 career. 
 
576 UNCOLLECTED WORKS OF LINCOLN 
 
 Among those who early came to hold young Mr. Lincoln 
 and his qualifies in high regard and to predict great things for 
 him was Nathaniel Pope, honest, blunt spoken and a shrewd judge 
 of men, who for thirty- one years following 1819 was a federal 
 judge in Illinois. Judge Pope was no respector of persons, but 
 Mr. Lincoln early became a prime favorite with him, and he had 
 no inconsiderable part in shaping the younger man's career at the 
 bar. When Judge Pope died in 1850 Mr. Lincoln's epoch-making 
 years were Still in the future, but when they came they confirmed 
 in full and rounded measure a strong man's early faith in him. 
 
 BOND FILED BY BERRY AND LINCOLN WHEN 
 
 LICENSED TO KEEP A TAVERN AT NEW 
 
 SALEM, MARCH 6, 1833 
 
 In order to stimulate scanty sales in their grocery store Berry 
 and Lincoln in the spring of 1833 applied to and received from 
 the County Commissioners' Court of Sangamon County a license 
 to keep a tavern at New Salem. Doubtless the firm's purpose 
 in procuring this license was not to keep a tavern, but to retail in 
 varying quantities a generous supply of the liquors they had in 
 stock as a result of their purchase of three groceries — this in 
 quick succession and on credit. Only under these conditions did 
 Lincoln ever sell liquor. When granted a license the applicants 
 therefor were required by law to file a bond, and below is re- 
 produced the bond given by Berry and Lincoln. This bond, in 
 which Lincoln's good friend, Bowling Green, joined, appears to 
 have been written by the clerk of the commissioners' court, and 
 Lincoln's name signed by another, probably by his partner Berry. 
 
 Know all men by these presents, we William F. Berry, Abra- 
 ham Lincoln and John Bowling Green, are held and firmly bound 
 unto the County Commissioners of Sangamon County in the full 
 sum of three hundred dollars to which payment well and truly 
 to be made we bind ourselves, our heirs, executors and adminis- 
 trators firmly by these presents, sealed with our seal and dated 
 this 6th day of March, A.D. 1833. Now the condition of this 
 obligation is such that Whereas the said Berry & Lincoln has 
 obtained license from the County Commissioners' Court to keep 
 a tavern in the Town of New Salem to continue one year. Now 
 if the said Berry & Lincoln shall be of good behaviour and ob- 
 serve all the laws of this State relative to tavern keepers — then 
 this obligation to be void or otherwise remain in full force. 
 
 Abraham Lincoln (Seal) 
 
UNCOLLECTED WORKS OF LINCOLN 577 
 
 Wm. F. Berry (Seal) 
 
 Bowling Green (Seal) 
 
 DECLARATION AND PRAECIPE IN THE SUIT OF 
 
 T. AND J. S. WILBOURN VS. POLLARD SIMMONS, 
 
 SANGAMON CIRCUIT COURT, SEPTEMBER 8, 1837 
 
 (Herndon-Weik Collection) 
 
 This declaration, quoted note, and praecipe are in the hand- 
 writing of Mr. Lincoln, while the cover notations were penned 
 by Butler. Lawyer Lincoln spelled "business" as "bussiness" and 
 "trespass'' as "tresspass" whenever he used these words in this 
 document, a common error in most of his early legal papers. The 
 use of the first names of plaintiffs and defendants is common also 
 to the early documents, and disappears about 1838 to 1839. There 
 is a lack of the 'usual Lincoln accuracy in spelling "Simmons" as 
 "Simons" as given in the original note in the case. Mr. Lincoln's 
 quoted copy gives the name as "Simmons" in the signature to the 
 note. A change of the usual phrase "so to do" is noted near the 
 conclusion of the declaration, where Attorney Lincoln has penned 
 the words, "But he to do this/' Pollard Simmons was an early 
 resident of the New Salem neighborhood, and as a Democrat 
 aided in securing the appointment of Mr. Lincoln as deputy sur- 
 veyor of Sangamon County. The case was decided upon October 
 18, 1837, when a judgment of $175.60 was rendered in favor of 
 the Wilbourns. 
 
 State of Illinois ] In Sangamon circuit court 
 
 \ ss 
 Sangamon County & Circuit J October Term 1837 
 
 Thomas Wilbourn and John S. Wilbourn trading and doing 
 business in the name and style of "T & J. S Wilbourn" com- 
 plain of Pollard Simmons (signing his name P. Simons) being 
 in custody &c of a plea of Tresspass on the case upon promises : 
 for that whereas heretofore, towit, on the fourth day of Novem- 
 ber in the year of our Lord one thusand, eight hundred and 
 thirtysix, the said Pollard made his certain promissory note in 
 writing, bearing date the day and year aforesaid, and thereby 
 then and there promised to pay, on or before the first day of 
 March next ensuing, to the said Thomas and John or bearer the 
 sum of one hundred and seventy dollars lawful money of the 
 United States for value received, and then and there delivered 
 the said promissory note to the said Thomas and John, by means 
 
578 UNCOLLECTED WORKS OF LINCOLN 
 
 whereof and by force of the statute in such case made and pro- 
 vided, the said Pollard then and there became liable to pay to 
 the said Thomas and John the said sum of money in the said 
 promissory note specified, according to the tenor and effect of 
 the said promissory note, and being so liable, he, the said Pollard 
 in consideration thereof afterwards, towit, on the day and year 
 aforesaid at the county and circuit aforesaid undertook, and then 
 and there faith fuly promised the said Thomas and John to pay 
 them the said sum of money in the said promissory note specified 
 according to the tenor and effect thereof when he should be there- 
 unto afterwards lawfully required. Yet the said Pollard (although 
 often requested so to do) hath not as yet paid the said sum of 
 money in the said promissory note specified or any part thereof 
 to the said Thomas and John. But he to do this hath hitherto 
 wholly refused and still doth refuse — To the damage of the said 
 Thomas and John of two hundred and fifty dollars and therefore 
 they bring their suit &c — 
 
 Stuart &Lincoln 
 for plaintiffs 
 
 The following is a copy of the instrument declared on : 
 
 "On or before the 1st day of March next I promise to pay to 
 J & J. S. Wilbourn or bearer one hundred and seventy dollars for 
 value reed, this 4th day of Nov. 1836 P. Simmons" 
 
 Attest 
 Bowling Green 
 
 State of Illinois ] In Sangamon circuit court 
 
 y ss 
 
 Sangamon county & circuit J October Term 19937 
 
 Thomas Wilbourn & ] 
 
 John S. Wilbourn trading & Trespass on the case 
 
 doing business in the name & style of \- upon promises 
 T. and J. S. Wilbourn 
 
 vs | Damages $ 250—00 
 
 Pollard Simmons 
 
 The clerk of the circuit court will issue process in the above 
 case returnable to the next term of said court — 
 
 Stuart &Lincoln 
 
 for plaintiffs — 
 
UNCOLLECTED WORKS OF LINCOLN 579 
 
 T & J. S. Wilbourn 
 vs J- Decl 
 
 J 
 
 Pollard Simmons 
 Filed Sept 8th 1837 
 Wm. Butler Clk 
 
 MR. LINCOLN REPLIES TO GENERAL ADAMS' PRO- 
 TESTATIONS OF INNOCENCE, SANGAMO 
 JOURNAL, SEPTEMBER 9, 1837 
 
 Re-election as probate justice of the peace gave General 
 James Adams a fresh stock of self-confidence, and in a letter pub- 
 lished in the Illinois Journal on September 6, 1837, he again 
 loudly proclaimed his innocence of the charges of dishonest prac- 
 tices that had been brought against him, and sought by methods 
 wholly his own to prove that they were without foundation. Mr. 
 Lincoln the same day drew up a savage answer to the Adams 
 letter which appeared in the Sangamo Journal on September 9 
 and which tore to bits his defense of his conduct, declaring his 
 noisy protestations u all as false as hell, as all in this community 
 must know." This retort no doubt gave a full measure of satis- 
 faction to its author. It ended for the moment a profitless war 
 of words, and when Mr. Lincoln again assailed Adams he found 
 a more congenial and droller subject for his pen. 
 
 In the Republican of this morning a publication of Gen. 
 Adam's appears, in which my name is used quite unreservedly. 
 For this I thank the General. I thank him, because it gives me an 
 opportunity, without appearing obtrusive, of explaining a part 
 of a former publication of mine, which appears to me to have 
 been misunderstood by many. 
 
 In the former publication alluded to, I stated in substance, 
 that Mr. Talbott got a deed from the son of Gen. Adams for the 
 purpose of correcting a mistake that had occurred on the record 
 of the said deed in the Recorder's office — that he corrected the 
 record, and brought the deed and handed it to me — and that, on 
 opening the deed, another paper, being the assignment of a judg- 
 ment, fell out of it. This statement Gen. Adams and the editor 
 of the Republican have seized upon as a most palpable evidence 
 of fabrication and falsehood. They set themselves gravely about 
 proving that the assignment could not have been in the deed 
 when Talbott got it from young Adams, as he, Talbott, would 
 
580 UNCOLLECTED WORKS OF LINCOLN 
 
 have seen it when he opened the deed to correct the record. Now 
 the truth is, Talbott did see the assignment when he opened the 
 deed, or at least he told me he did on the same day: and I only 
 omitted to say so, in my former publication, because it was a 
 matter of such palpable and necessary inference. I had stated that 
 Talbott had corrected the record by the deed; and of course he 
 must have opened it: and, just as the General and his friends 
 argue, must have seen the assignment. I omitted to state the fact 
 of Talbott's seeing the assignment, because its existence was so 
 necessarily connected with other facts which I did state that I 
 thought the greatest dunce could not but understand it. Did I say 
 Talbott had not seen it ? Did I say anything that was inconsistent 
 with his having seen it before? Most certainly I did neither; 
 and if I did not, what becomes of the argument? These logical 
 gentlemen cannot sustain their argument only by assuming that 
 I did say negatively everything that I did not say affirmatively, 
 and upon the same assumption, we may expect to find the Gener- 
 al, if a little harder pressed for argument, saying that I said Tal- 
 bott came to our office with his head downwards; not that I 
 actually said so, but because I omitted to say he came feet down- 
 ward. 
 
 In his publication to-day, the Genl. produces the affidavit 
 of Reuben Radford, in which it is said that Talbott told Radford 
 that he did not find the assignment in the deed in the recording 
 of which the error was committed, but that he found it wrapped 
 in another paper in the Recorder's office, upon which statement 
 the Genl. comments, as follows, to wit: — "If it be true as stated 
 by Talbott to Radford, that he found the assignment wrapped 
 up in another paper at his office, that contradicts the statement 
 of Lincoln that it fell out of the deed." 
 
 Is common sense to be abused with such sophistry ? Did I say 
 what Talbott found it in? If Talbott did find it in another paper 
 at his office, is that any reason why he could not have folded it 
 in a deed and brought it to my office? Can any one be so far 
 duped, as to be made to believe that what may have happened at 
 Talbotfs office at one time, is inconsistent with what happened at 
 my office at another time? 
 
 Now Talbott's statement of the case as he makes it to me is 
 this, that he got a bunch of deeds from young Adams, and that 
 he knows he found the assignment in the bunch, but he is not 
 certain which particular deed it was in, nor is he certain whether 
 it was folded in the same deed out of which it was took (Sic) 
 
UNCOLLECTED WORKS OF LINCOLN 581 
 
 or another one, when it was brought to my office. Is this a mys- 
 terious story ? Is there any thing suspicious about it ? 
 
 But it is useless to dwell longer on this point — Any man who 
 is not wilfully blind can see at a blush, that there is no discrepancy 
 between Talbott and myself. 
 
 In regard to the Genl's. concluding statement that "Having 
 thus reviewed in my own way, the statements of Messrs. Talbott 
 and Lincoln and shown that they are not only inconsistent with 
 truth, but each other" I can only say, that I have shown that he 
 has done no such thing: and if the reader is disposed to require 
 any other evidence than the General's assertion, he will be of my 
 opinion. 
 
 Excepting the General's most flimsy attempt at mystification, 
 in regard to a discrepancy between Talbott and myself, he has 
 not denied a single statement that I made in my handbill. Every 
 material statement that I made has been sworn to by men who, 
 in former times, were thought as respectable as General Adams. 
 I stated that an assignment of a Judgement, a copy of which I 
 gave, had existed — Benj. Talbott, C. R. Matheny, Wm. Butler, 
 and Judge Logan, swore to its existence. I stated that it was 
 said to be in Gen. Adam's handwriting — the same men swore 
 it was in his handwriting. I stated that Talbott would swear 
 that he got it out of Gen. Adam's possession — Talbott came for- 
 ward and did swear it. 
 
 Bidding adieu to the former publication, I now propose to 
 examine the General's last gigantic production. I now propose 
 to point out some discrepancies in the General's address: and 
 such too, as he shall not be able to escape from. Speaking of the 
 famous assignment the Gen. says: "This last charge, which was 
 their last resort, their dying effort to render my character in- 
 famous among my fellow-citizens, was manufactured at a cer- 
 tain lawyer's office in the town, printed at the office of the Sang- 
 amo Journal, and found its way into the world some time between 
 two days just before the last election/' Now turn to the Key's 
 affidavit in which you will find the following: (viz) "I certify 
 that some time in May or the early part of June, 1837, I saw 
 at Williams' corner a paper purporting to be an assignment from 
 Joseph Anderson to James Adams, which assignment, was signed 
 by a mark to Anderson's name, "&c. Now mark, if Keys saw 
 the assignment on the last of May or 1st of June, Gen. Adams 
 tells a falsehood when he says it was manufactured just before 
 the election, which was on the 7th of August; and if it was manu- 
 
582 UNCOLLECTED WORKS OF LINCOLN 
 
 factured just before the election Keys tells a falsehood when he 
 says he saw it on the last of May or 1st of June. Either Keys 
 or the General is irretrievably in for it ; and in the General's very 
 condescending language, I say "let them settle it between them." 
 Now again, let the reader, bearing in mind that Gen. Adams 
 has unequivocally said, in one part of his address, that the charge 
 in relation to the assignment was manufactured just before the 
 election; turn to the affidavit of Peter S. Weber, where the fol- 
 lowing will be found (viz) "I Peter S. Weber do certify, that 
 from the best of my recollection on the day or day after Gen. 
 Adams and wife started for the Illinois Rapids, in May last, that 
 I was at the house of Gen. Adams, sitting in the Kitchen, situated 
 on the back part of the house, it being in the afternoon, and that 
 Benjamin Talbott came round the house, back into the Kitchen, 
 and appeared wild and confused, and that he laid a package of 
 papers on the kitchen table and requested that they should be 
 handed to Lucien. He made no apology for coming to the 
 kitchen, nor for not handing them to Lucien himself, but showed 
 the token of being frightened and confused both in demeanor and 
 speech, and for what cause I could not apprehend." 
 
 Commenting upon Weber's affidavit, Gen. Adams asks : 
 "Why this fright and confusion?" I reply that this is a ques- 
 tion for the General himself. Weber says that it was in May, 
 and if so, it is most clear, that Talbott was not frightened on 
 account of the assignment, unless the General lies when he says 
 the assignment charge was manufactured just before the election. 
 Is it not a strong evidence that the General is not travelling with 
 the pole-star of truth in his front, to see him in one part of his 
 address roundly asserting that the assignment was manufactured 
 just before the election and then, forgetting that position, pro- 
 curing Weber's most foolish affidavit, to prove that Talbott had 
 been angaged in manufacturing it two months before? 
 
 In another part of his address, Gen Adams says, "That I 
 hold an assignment of said judgement, dated the 20th of May, 
 1828, and signed by said Anderson, I have never pretended to 
 deny or conceal, but stated that fact in one of my circulars pre- 
 vious to the election, and also in answer to a Bill in Chancery!" 
 Now I pronounce this statement unqualifiedly false; and shall 
 not rely on the word or oath of any man to sustain me in what 
 I say; but will let the whole be decided by reference to the Cir- 
 cular and answer in Chancery of which the General speaks. In 
 his circular he did speak of an assignment; but he did not say 
 
UNCOLLECTED WORKS OF LINCOLN 583 
 
 it bore date 20th of May 1838; nor did he say it bore any date. 
 In his answer in Chancery, he did say that he had an assignment ; 
 but he did not say that it bore date the 20th of May 1828; but 
 so far from it, he said on oath (for he swore to the answer) that 
 as well as recollected, he obtained it in 1827. If any one doubts, 
 let him examine the Circular and answer for himself. They are 
 both accessible. 
 
 It will readily be observed that the principal part of Adams' 
 defence, rests upon the argument, that if he had been base enough 
 to forge an assignment, he would not have been fool enough to 
 forge one that would not cover the case. This argument he used 
 in his circular before the election. The Republican has used it 
 at least once, since then; and Adams uses it again in his pub- 
 lication of today. Now I pledge myself to show, that he is just 
 such a fool as he and his friends have contended it was impos- 
 sible for him to be. Recollect — he says he has a genuine assign- 
 ment ; and that he got Joseph Klein's affidavit, stating that he had 
 seen it, and that he believed the signature to have been executed 
 by the same hand, that signed Anderson's name to the answer 
 in Chancery. Luckily Klein took a copy of this genuine assign- 
 ment, which I have been permitted to see ; and hence I know 
 it does not cover the case. In the first place it is headed "Joseph 
 Anderson vs. Joseph Miller," and leads off ''Judgment in Sanga- 
 mon Circuit Court." Now, mark, there never was a case in Sanga- 
 mon Circuit Court entitled Joseph Anderson vs. Joseph Miller. 
 The case mentioned in my former publication and the only one 
 between these parties that ever existed in the Circuit Court was 
 entitled Joseph Miller vs, Joseph Anderson, Miller being the 
 plaintiff. What then becomes of all their sophistry about Adams 
 not being fool enough to forge an assignment that would not 
 cover the case? It is certain that the present one does not cover 
 the case; and if he can get it honestly, it is still clear that he was 
 fool enough to pay for an assignment that does not cover the 
 case. 
 
 The General asks for the proof of disinterested witnesses. 
 Who does he consider disinterested? None can be more so than 
 those who have already testified against him. No one of them 
 had the least interest on earth, so far as I can learn, to injure 
 him. True, he says they had conspired against him; but if the 
 testimony of an angel from heaven were introduced against him, 
 he would make the same charge of conspiracy. And I now put 
 the question to every reflecting man, do you believe that Ben- 
 
584 UNCOLLECTED WORKS OF LINCOLN 
 
 jamin Talbott, Charles R. Matheny, William Butler and Stephen 
 T. Logan, all sustaining high and spotless characters and justly 
 proud of them, would deliberately perjure themselves, without 
 any motive whatever, except to injure a man's election; and that 
 too, a man who had been a candidate, time out of mind, and yet 
 who had never been elected to any office? 
 
 Adams' assurance in demanding disinterested testimony, is 
 surpassing. He brings in the affidavit of his own son, and even 
 of Peter S. Weber, with whom I am not acquainted, but who, 
 I suppose is some black or mulatto boy, from his being kept in 
 the Kitchen, to prove his points ; but when such a man as Tal- 
 bott, a man who, but two years ago run against Gen. Adams for 
 the office of Recorder, and beat him more than four votes to 
 one, is introduced against him, he asks the community with all 
 the consequence of a Lord, to reject his testimony. 
 
 I might easily write a volume, pointing out inconsistencies 
 between the statements in Adams' last address with one another, 
 and with other known facts, but I am aware the reader must 
 already be tired with the length of this article. His opening 
 statement, that he was first accused of being a tory, and that 
 he refuted that, t that then the Sampson's Ghost story was got up, 
 and he refuted that; and that as a last resort, a dying effort, 
 the assignment charge was got up, is all as false as hell, as all 
 this community must know. Sampson's Ghost first made its ap- 
 pearance in print^ and that too, after Keys swears he saw the as- 
 signment, as any one may see by reference to the files of papers; 
 and Gen. Adams himself, in reply to the Sampson's Ghost story 
 was the first man that raised the cry of toryism, and it was only 
 by way of set-off and never in seriousness, that it was bandied 
 back at him. His effort is to make the impression that his enemies 
 first made the charge of toryism, and he drove them from that; 
 then Sampson's Ghost, he drove them from that ; then finally the 
 assignment charge was manufactured just before the election. 
 Now the only general reply he ever made to the Sampson's Ghost 
 and tory charges, he made at one and the same time, and not in 
 succession as he states ; and the date of that reply will show, that 
 it was made at least a month after the date which Key's swears 
 he saw the Anderson assignment. But enough. In conclusion 
 I will only say that I have a character to defend as well as Gen. 
 Adams, but I disdain to whine about it as he does. It is true I 
 
UNCOLLECTED WORKS OF LINCOLN 585 
 
 have no children nor Kitchen boys; and if I had, I should scorn 
 to lug them in to make affidavit for me. 
 
 A. Lincoln. 
 Sept. 6, 1837. 
 
 LETTER OF MR. LINCOLN TO THE THIRD AUDITOR 
 OF THE TREASURY SEPTEMBER 9, 1837 
 
 The original of this letter to the third auditor of the treasury 
 is now in the Illinois State Historical Library at Springfield. It 
 again proves Mr. Lincoln's continuing concern for the men with 
 whom he had served in the Black Hawk War, and no doubt 
 effected its purpose. 
 
 Springfield, Illinois, Sept 9th 1837 
 To the Third Auditor 
 
 Sir 
 
 Enclosed are the proofs made for procuring payment for 
 a horse lost by John W. Warnsing on the Black Hawk campaign. 
 Warnsing has sold the claim to one Thomas Epperson ; and both 
 Warnsing and Epperson tell me there is a Power of Attorney 
 from Warnsing to Epperson now on file in your office. If this 
 be true, I suppose the award & Draft may be made directly to 
 Epperson; if not let them be made to Warnsing. In either case, 
 if not inconsistent with your regulations, let the letter, enclosing 
 the Draft, be directed to me at the above place — The disbursing 
 officer that paid Warnsing was serving with J. D. Henry's 
 Brigade. We do not recollect his name. 
 
 Respectfully your Obt Servt 
 A. Lincoln. 
 Third Auditor 
 
 Washington City 
 
 District of Columbia 
 Mailed on Sept. 14, 1837. 
 
 DECLARATION IN THE SUIT OF BILLOW VS. WHITE, 
 
 SANGAMON CIRCUIT COURT, SEPTEMBER 22, 1837 
 
 (Herndon-Weik Collection) 
 
 This document is in the hand of Attorney Lincoln, with the 
 
 exception of the number, "109" and the date of filing in the hand 
 
 of Butler. The characteristic habit of Lincoln in writing the two 
 
 zvords such as "twenty four" in one word, thus "twenty four," is 
 
 most apparent in this document.. The words "whereas" and 
 
 "effect," are misspelled, reading "wheras" and "efect." Such 
 
586 UNCOLLECTED WORKS OF LINCOLN 
 
 errors were infrequent in the legal documents. The case is cited 
 as Billan vs. White, but the writing of Mr. Lincoln appears to 
 read more like, "'Billow vs. White." Judgment was rendered in 
 favor of Billow upon the default of White, the client of Stuart 
 and Lincoln being awarded the sum of $154.34. 
 
 State of Illinois 1 In the circuit court 
 
 j- ss 
 Sangamon county & circuit J October Term 1837 
 
 Charles P. Billow complains of Lorance White being in 
 custody &c in a plea of Tresspass in the case upon promises; 
 for that whereas the said defendant, heretofore, to wit, on the 
 first day of July in the year of our Lord one thousand eight 
 hundred and thirtyseven, at the county and circuit aforesaid, made 
 his certain promissory note in writing, bearing date the day 
 and year aforesaid, and thereby then and there promised to pay, 
 at the State Bank of Illinois at Springfield, twenty days after the 
 date thereof, to the order of the said plaintiff, the sum of one 
 hundred and fortythree dollars and twentyfour cents for value 
 received, and then and there delivered the said promissory note 
 to the said plaintiff; and the said plaintiff in fact saith, that after- 
 wards, towit, on the twentyfourth day of July in the year afore- 
 said, at the said State Bank of Illinois at Springfield aforesaid, 
 towit, at the county and circuit aforesaid, the said promissory 
 was duly presented and shown at the said State Bank of Illinois 
 aforesaid, for payment thereof, and payment of the said sum 
 of money therein specified was then and there duly required ac- 
 cording to the tenor and effect of the said promissory note; but 
 that neither the said State Bank of Illinois,nor the said defendant, 
 nor any other person or persons on behalf of the said defendant, 
 did or would at the said time when the said promissory note was 
 so presented and shown for payment thereof as aforesaid, or at 
 any time before or afterwards, pay the said sum of money therein 
 specified, or any part thereof, but wholly neglected and refused 
 so to do, of all which said several premises the said defendant, 
 afterwards, towit, on the day and year last aforesaid, at the 
 county and circuit aforesaid, had notice. By means whereof, and 
 force of the statute in such cases made and provided, the said 
 defendant then and there became liable to pay to the said plain- 
 tiff the said sum of money in the said promissory note specified, 
 when he the said defendant should be thereunto afterwards re- 
 quested ; and being so liable, he, said defendant, in consideration, 
 thereof, afterwards, towit, on this day and year last aforesaid, 
 
UNCOLLECTED WORKS OF LINCOLN 587 
 
 and at the county and circuit aforesaid, undertook, and then and 
 there faithfully promised the said plaintiff to pay the said sum 
 of money in the said promissory note specified when he, the said 
 defendant should be thereunto afterwards requested. 
 
 And for that wheras also afterwards, towit, on the first day 
 of July in the year aforesaid, at the county and circuit aforesaid, 
 the said defendant made his other certain promissory note in writ- 
 ing, bearing date the day and year last aforesaid, and thereby then 
 and there promised to pay, twenty days after the date thereof, to 
 the order of the said plaintiff the sum of one hundred and forty 
 three dollars and twenty four cents for value received, and then 
 and there delivered the said promissory note to the said plaintiff ; 
 by means whereof, and by force of the statute in such case made 
 and provided, the said defendant then and there became liable to 
 pay to the said plaintiff the said sum of money in the said promis- 
 sory note specified, according to the tenor and effect of the said 
 promissory note ; and being so liable he, the said defendant in con- 
 sideration thereof, afterwards, towit, on the day and year last 
 aforesaid, at the county and circuit aforesaid, undertook, and then 
 and there faithfully promised the said plaintiff to pay him the said 
 sum in the said promissory note specified, according and efect 
 thereof, when thereunto lawfully required — 
 
 Yet the said defendant (although often requested so to do) 
 hath not as yet paid to the said plaintiff, the said sum of money in 
 the said promissory notes specified, or either of them, or any part 
 thereof; but sotodo, hath hitherto wholly neglected and refused, 
 and still doth neglect and refuse. To the damage of the said plain- 
 tiff, in the sum of two hundred dollars, and therefore he brings his 
 suit 
 
 Stuart & Lincoln for plff — 
 
 The following is a copy of the instrument declared on: 
 "$143-24 Springfield July 1st 1837 
 
 Twenty days after date I promise to pay to the 
 order of Chas. P. Billow one hundred . . & fortythree Dollars & 
 twentyfour cents, for value received, payable and negociable at the 
 State Bank of Illinois at Springfield without defalcation 
 
 Lorence White" 
 109 
 Charles P Billow 
 
 vs 
 Lorence White 
 
588 UNCOLLECTED WORKS OF LINCOLN 
 
 Declaration 
 Filed Sept 22d 1837 
 Wm Butler Clk 
 
 NOTE BY MR. LINCOLN SIGNED AN OLD SETTLER, 
 SANGAMO JOURNAL SEPTEMBER 30, 1837 
 In the issue of the Sangamo Journal for September 30, 1837, 
 Mr. Lincoln returned to his prodding of General James Adams in 
 a new and amusing way. His fresh assault took the form of a 
 note signed An Old Settler, but no doubt penned by Mr .Lincoln, 
 in which claim is made that the writer has read the Sampson's 
 Ghost Letters, and understands that there are irregularities in the 
 handling of certain lots and a plot of ten acres by Adams. He has 
 examined these matters with care, and shortly will give his con- 
 clusions regarding them. 
 
 TO THE PUBLIC 
 
 Some time in May last, I discovered an article in the Journal, 
 over the signature of 'Sampson's Ghost,' rather insinuating that 
 Gen. Adams had been guilty of some improper conduct in rela- 
 tion to a certain piece of property which he then lived upon. 
 Shortly after it was intimated that he might have fraudulently 
 obtained a deed to a certain piece of land near Springfield, con- 
 taining ten acres — which in right, as was said, belonged to a 
 widow woman and her children, by the name of Anderson. Again 
 he was charged with having in his possession an assignment of a 
 judgment, which assignment was thought to be a forgery. All the 
 above charges I have examined impartially — also the defence of 
 General Adams — with the view, if possible, of arriving at correct 
 conclusions as to his guilt or innocence — and have come to the 
 conclusion that Adam's conduct will not bear the test of scru- 
 tiny. I will, hereafter, give to the public, in Numbers, a full his- 
 tory of the matter ; and should I fail to convince the public that I 
 have arrived at correct conclusions, I will never again dip my 
 pen in ink to expose the villainy of any man. 
 
 An Old Settler. 
 
 ENTRY FOR LUCINDA MASON IN STUART AND 
 
 LINCOLN FEE BOOK, OCTOBER, 1837 
 
 (Whipple, Story Life of Lincoln, Page 149) 
 
 As mentioned in the notes to the Ross entry of April, 1837, 
 
 this is one of the two items listed in the Whipple book which do 
 
UNCOLLECTED WORKS OF LINCOLN 589 
 
 not appear in the original manuscript items in the Herndon-Weik 
 Collection. The obtaining of the assignment of dower was given 
 by court decree at the October term, 1837, and the final report 
 and allotment of dower appear in the document of December 
 9, 1838, elsewhere reproduced in the present volume. 
 Lucinda Mason 
 
 To Stuart & Lincoln Dr 
 
 1837 Oct. To obtaining assignment of Dower $ 5.00 
 
 OLD SETTLER LETTER NO. 1 WRITTEN BY MR. 
 LINCOLN, SANGAMO JOURNAL OCTOBER 7, 1837 
 
 True to his promise of September 30, 1837, the first of the 
 Old Settler letters written by Mr. Lincoln appeared in the Octo- 
 ber 7 issue of the Sangamo Journal. General Adams is charged 
 with dishonest practises in acquiring title to certain lots in Spring- 
 field. And Mr. Lincoln includes a letter from Elijah lies, one of 
 Springfield's leading citizens, which sets forth details of another 
 case in which Adonis resorted to unfair methods. 
 
 I have promised if possible, to convince the public, that Gen- 
 eral Adams has been guilty of improper conduct in several in- 
 stances. In this task, I feel confident that I am doing no more 
 than every honest man is bound to do, when he becomes satisfied 
 that a public officer has forfeited the support of a free and gener- 
 ous people. 
 
 I feel myself bound to make good my promises: and I will 
 assure the public that in doing so, I shall make no attempt at un- 
 fairness — I shall make no statement except from my own knowl- 
 edge, or from a source entitled to credit. 
 
 I cannot do my duty in this matter, without going back to 
 the time when Adams first made his appearance in this place, 
 which, if I have not been misinformed, was in the year 1821 or 
 '22. On his arrival here, he professed to be a lawyer, and as such 
 he was frequently employed. At that time he was considered a 
 good one — as a counsellor I have heard no objections made by his 
 clients; and, for a time, as a citizen, no particular objection was 
 raised against him. But his real character soon discovered itself. 
 His first attempt at knavery was made upon a gentleman who 
 has since left this State, — whose present residence I will not men- 
 tion in this number; but will, hereafter give a full statement of 
 the affair as it took place. I will now say it grew out of his set- 
 ting up a claim to some lots, to which I will prove, before I get 
 through, he had no earthly claim whatever. The matter was then 
 
590 UNCOLLECTED WORKS OF LINCOLN 
 
 compromised by the owner paying Adams a certain sum of money. 
 
 He then set up a claim to other property in this place, to 
 which he had no right, as I have been told by a number of re- 
 spectable gentlemen of this town. 
 
 I have called on Elijah lies, Esq. and he has furnished me 
 with a statement of this man's extraordinary conduct, which is 
 as follows: 
 
 "Springfield, 3d October, 1837 
 Sir: 
 
 Agreeable to your request, I give you a statement of the 
 cause of the difference between Gen. Adams and myself. 
 
 Previous to the Land Sales I purchased a claim to the lot of 
 land on which the temporary County Seat of Sangamon County 
 was located ; and as individuals settled in the town, they were 
 told by me, that if I was successful in the purchase, that I would 
 donate to them a lot or lots, according to circumstances. Among 
 those who came to the town was Gen. Adams; and from the fa- 
 vorable opinion I had of the General I agreed to let him have 
 more than others. After the purchase was made by me, and I 
 was making the conveyances to the different individuals, the Gen. 
 claimed a greater amount than I had promised to donate him, and 
 insisted that it was as I had promised, which was altogether dif- 
 ferent to my understanding. To all others to whom I made deeds, 
 1 know of no misunderstanding. 
 
 Another circumstance was the case of R. Burden, to whom 
 I donated one lot, and sold him another. I acknowledged the deed 
 to Burden before Adams ; and some months after, Burden sold 
 the lots to James Strode, and requested me to make a deed to 
 said Strode — which I did, forgetting that I had already made a 
 deed to Burden. Strode had his deed recorded, after which Bur- 
 den presented his deed for record and through the influence of 
 Squire Matheny, Burden agreed not to have his deed recorded, but 
 would deliver it to me and let me destroy it. 
 
 Burden made the following statement, as far as now recol- 
 lected, in presence of Matheny and myself : That he did not know 
 that I had made him a deed until General Adams wrote him while 
 at work at Clark's Mills urging the necessity of his coming to 
 town forthwith — that he had something to communicate to him 
 that would be greatly to his advantage and much to his disadvan- 
 tage if he failed; — and when he called on Adams, he, (Adams) 
 presented him the deed from me, and influenced him to present 
 the deed for record ; and by encouragement of gain, or worth to 
 
UNCOLLECTED WORKS OF LINCOLN 591 
 
 that amount held out, induced him to take the course he did. 
 Burden acknowledged he was wrong, and that it was a mean act. 
 
 Respectfully Yours, 
 
 E. lies 
 N.B. I do not now recollect whether I saw the letter from 
 Adams to Burden, but will refer you to Squire Matheny or 
 Messrs. Clark. E. L" 
 
 I may make some very strong statements to the public, and 
 quite unpleasant to General Adams before I close. He may wince, 
 and screw as other men of the same character usually do, under 
 the lash of Justice and the power of Truth, still he shall not 
 escape. His duplicity shall not be covered over by the mantle of 
 religion. 
 
 ANSWER OF MR. LINCOLN AS GUARDIAN AD LITEM 
 OF WILLIAM NELSON IN THE SUIT OF WHITE 
 VS. HARRIS ET AL, SANGAMON CIRCUIT 
 COURT, OCTOBER 10, 1837 
 Mr. Lincoln played no part in this case, except as guardian 
 ad litem. The answer given by him, is taken from the court record 
 in the hand of the clerk. It may be said that these 1 are the words 
 of Abraham Lincoln, but they are not in his hand. It is prob- 
 able that the clerk transcribed the original answer in the hand of 
 Lincoln, although exact transcription may be questioned. Mr. 
 Lincoln was not given to capitalizing words like "should," unless 
 they were at the beginning of a sentence. The notice of the ap- 
 pointment of Lincoln as guardian is in the hand of the clerk. 
 
 Craig White Complainant] 
 
 against \- on Petition 
 
 David P. Harris & Others Defendants J for Partition 
 
 This day came the Petitioner by his counsel and filed 
 his Petition and the printers Certificate of the Publication of the 
 notice of the presentation of his said Petition herein, and on his 
 motion. It is ordered by the court that A. Lincoln be appointed 
 guardian ad litem to William Nelson an infant defendant herein 
 
 Craig White 
 
 vs 
 David P. Harris & Polly his wife ] on Petition 
 
 Betsey Nelson & William Nelson J for Partition 
 
 Abraham Lincoln guardian ad litem to the said William Nel- 
 
592 UNCOLLECTED WORKS OF LINCOLN 
 
 son a minor states that he has examined the papers in this cause 
 & that he knows of no good reason consistent with the interest of 
 said William why the prayer of the Petition Should not be 
 granted. 
 
 A. Lincoln 
 
 LAST OF THE OLD SETTLER LETTERS 
 Mr. Lincoln's controversy with General Adams appears to 
 have been one of his chief concerns during the year 1837, but in 
 this brief letter which appeared in the Sangamo Journal on Oc- 
 tober 14, 1837, he ceased to air the affair in the newspapers, thus 
 heeding the criticism to which he had been subjected that there 
 
 fwere more seemly and effective ways of trying a law suit. 
 The Republican of this week, the mouth-piece of a purchased 
 set of politicians, says : "We have received a long and able docu- 
 ment from Gen. Adams, for publication, which will be given in 
 our next." 
 
 I will wait and see this celebrated defense of the General 
 before I say much more upon the subject — satisfied in my own 
 mind that every attempt which he makes to remove the cloud 
 of suspicion which hangs over his character, will add new proofs 
 of guilt. 
 
 It may be that he has sent his defense to the writing Judge, 
 for the purpose of soliciting his opinion. If so, I shall expect 
 quite an able document — perhaps upon corporations. 
 
 An Old Settler. 
 
 MR. LINCOLN TAKES DEPOSITIONS IN THE SUIT OF 
 WRIGHT VS. ADAMS SANGAMON CIRCUIT 
 
 COURT, NOVEMBER 11 AND 12, 1837 
 On November 11 and 12, 1837, the suit of the Anderson 
 heirs against James Adams in which Joel Wright appeared as 
 plaintiff again occupied the attention of Mr. Lincoln. On the first 
 day he took the deposition of Isaiah Stillman, and on the second 
 day that of Stephen Dewey, clerk of the Fulton Circuit Court. 
 The originals of these depositions have disappeared, but it is 
 known that u Stillman swore that in 1832, several years after the 
 assignment by Anderson to Adams alleged by the latter, Ander- 
 son learning that Stillman was about to make a trip to Spring- 
 field, asked him to see Adams and find out if Joseph Miller had 
 
UNCOLLECTED WORKS OF LINCOLN 593 
 
 paid him any money for Anderson, and, if so, to get it; that he 
 did see Adams and delivered the message, but was told by Adams 
 that he had collected no money for Anderson from any one. Still- 
 man further stated that in their talk Adams said nothing about 
 Anderson having already assigned to him the claim of Joseph 
 Miller. The deposition of Dewey on the follozving day contra- 1 
 dieted Adams on several important points. The record indicates 
 that beside the depositions of Stillman and Dewey several others 
 were taken by Mr. Lincoln, but these also are now missing from 
 the files." See Lincoln the Litigant by Townsend, Boston, 1925, 
 Pp. 103-04. 
 
 And the good-neighbor phase of Mr. Lincoln's labors as a 
 lawyer was again in evidence on November 20, 1837, when he 
 took "from Joshua Hobbs his written order on William Butler to 
 pay Thomas Hunter $4.75 for hauling thirty-eight loads of ma- 
 ure." Photostat in the possession of the Abraham Lincoln Asso- 
 ciation, Springfield, Illinois. 
 
 LETTER OF MR. LINCOLN TO WILLIAM A. 
 MINSHALL, DECEMBER 7, 1837 
 Busy as he was as a lawyer, Mr. Lincoln could always spare 
 a half hour for politics. Hence this characteristic letter of Dec- 
 ember 7, 1837, to a fellow Whig, William A. Minshall of Rush- 
 ville. Minshall, who was born and had studied law in Ohio, settled 
 in Rushville when the town was young and early became a leader 
 at the bar and in politics. He served three terms in the General 
 Assembly, and in 1847 sat in the convention which framed a new 
 constitution for the State of Illinois. Under that instrument he 
 was in 1848 elected judge of the circuit court for his district, 
 dying five years later in office. 
 
 Usher F. Linder tells a story of Minshall which mudt have 
 been greeted with approving laughter by their mutual friend 
 Lincoln when he heard it for the first time. "Minshall in his early 
 days," writes Linder, "was given to dissipation. He courted a most 
 beautiful woman, and on proposing marriage to her, she promptly 
 rejected him, on the strength of which Minshall got most 
 gloriously drunk; in his crazy mood put on seven clean shirts, 
 and in that condition, he went over to see her again, letting her 
 know that it was impossible for him to live without her. The 
 young lady, who was far from being indifferent to the suit of 
 Minshall, finally concluded that she would try to make a man 
 of him; so she said to him : *Mr. Minshall, I will never marry a 
 
 f 
 
« 
 
 ■". 
 
 594 UNCOLLECTED WORKS OF LINCOLN 
 
 drunkard, and if I had a husband and he was to become one I 
 would leave him on the instant if I loved him as I love life; but 
 I have come to the conclusion that I will marry you upon one 
 condition : // you will reform your habits, give me satisfactory 
 proof of the same, and make a solemn vow that you will never 
 drink again. So now go home and divest yourself of all those 
 shirts but one, come back in a month from now and we will 
 consummate this agreement.' Minshall gladly took her at her 
 word. After a month's probation he returned, took the vow and 
 they were married. And he religiously lived up to his pledge to 
 the day of his death." (See Usher F. hinder, "Reminiscences 
 of the Early Bench and Bar of Illinois," Chicago, 1879, Page 
 361-62) 
 
 Nor did a policy of silence on the part of his Whig 
 opponents avail to halt the swift advance of Stephen A. Douglas. 
 Friend Minshall. 
 
 I write this to say that it is Stuart's intention to be a candi- 
 date for congress again; and that he will be publicly announced 
 before long. I would suggest to you the propriety of your letting 
 our friends in your parts know, that he is to be the candidate. 
 
 On the receipt of this, write me all you know, and all you 
 think, in regard to our prospects for the same. 
 
 I believe we have nothing here that would be news to you. 
 I am ashamed to write so short a letter ; but lack of ^material, you 
 know ) will (explain?) my being short. 
 
 Your sincere friend 
 A., Lincoln 
 P. S. We have adopted it as part of our policy here, to never 
 speak of Douglas at all. Isn't that the best mode of treating so 
 small a matter? 1 
 
 PRAECIPE AND DECLARATION IN THE SUIT OF 
 
 REED AND WIFE VS. ARNOLD AND BUTLER, 
 
 SANGAMON CIRCUIT COURT, JANUARY 12, 1838 
 
 (Herndon-Weik Collection) 
 
 The praecipe and declaration in this case are from the pen 
 of Mr. Lincoln, as are the cover notations, with the exception of 
 Butler's notation upon the file date. The case is cited at times as 
 James F. Reed and Eliza Reed vs. Arnold and Butler, but the 
 Court Record of Sangamon County gives it as James E. Reed 
 and Eliza, his wife, vs. Charles Arnold and William Butler. 
 Attorney Lincoln used "James E. Reed" upon every occasion in 
 
UNCOLLECTED WORKS OF LINCOLN 595 
 
 reference to the plaintiff. The "E" of this case differs measurably 
 from the "F" in the ''James F. Reed" of the case of Reed and 
 Rickard vs. Early et al, dated, November, 1839. It is possible 
 that Mr. Lincoln erred in the middle initial; he did upon occasion. 
 James E. Reed was a leader of the Reed-Donner trek to Califor- 
 nia, being one of the few survivors of the expedition. William But- 
 ler was probably the friend at whose house Attorney Lincoln was 
 taking meals at the time. If so, it will be seen that in law cases, 
 Abraham Lincoln treated friend and foe alike. The well preserved 
 and neatly penned Court Record Book of Sangamon County 
 contains this entry: "It is adjudged by the Court that the said 
 Plaintiff recover of the said Defendants the sum of Two Hundred 
 and fifty dollars the Damages assessed as aforesaid and also their 
 Costs herein expended and that he have execution therefor." 
 Stuart & Lincoln represented the plaintiffs in the case and the 
 judgment in favor of their client was rendered on March 9, 
 1838. 
 
 State of Illinois In the Circuit court of said 
 
 > county — 
 Sangamon county & circuit J March Term 1838 
 
 James E. Reed and Eliza A. (late Eliza A. Kindoll) his wife, 
 plaintiffs, complain of Charles Arnold and William Butler defend- 
 ants, being in custody &c. for that whereas the said defendants, 
 heretofore, and whilst the said Eliza A. was sole and unmarried, 
 towit, on the twenty third day of December in the year of our 
 Lord one thousand eight hundred and thirtysix, at the county and 
 circuit aforesaid, made their certain promissory note in writing, 
 bearing date the day and year aforesaid, and thereby then and 
 there promised to pay twelve months after the date thereof to 
 the said Eliza A. now the wife of the said James E. Reed (by 
 her then name of Eliza A. Kindoll) the sum of two hundred and 
 fifty dollars, for value received, and then and there delivered the 
 said promissory note to the said Eliza A. ; by means whereof, 
 and by force of the statute in such case made and provided, they, 
 the said defendants then and there became liable to pay to the said 
 Eliza A. whilst she was sole and unmarried the said sum of money 
 in the said promissory note specified according to the tenor and 
 effect of the said promissory note specified according to the tenor 
 and effect of the said promissory note; and being so liable, they, 
 the said defendants in consideration thereof, afterwards, towit, on 
 the day and year aforesaid, at the county and circuit aforesaid, 
 undertook, and then and there faithfully promised the said Eliza 
 
5% UNCOLLECTED WORKS OF LINCOLN 
 
 money in the said promissory note specified according to the tenor 
 and effect thereof when they should be thereunto afterwards law- 
 fully requested. Yet the said defendants (although often requested 
 so to do) have not as yet paid the said sum of money in the said 
 promissory note specified, or any part thereof, to the said Eliza A. 
 whilst she was sole and unmarried, or to the said James E. Reed 
 and Eliza A. his wife, or either of them since their intermarriage. 
 But they to do this have hitherto wholly refused, and still do 
 refuse to pay the same; or any part thereof, to the said James E. 
 Reed, and Eliza A. his wife. 
 
 To the damage of the said James E. Reed and Eliza A. his 
 wife, of four hundred dollars, and therefore they bring their suit 
 &c. 
 
 Stuart & Lincoln 
 for Plff 
 
 The following is a copy of the instrument declared on : 
 
 "Twelve months after date we or either of us jointly and 
 severally promise to pay Eliza A. Kindoll the sum of Two 
 hundred and fifty dollars good and lawful money, for value 
 received without interest. 
 
 Witness our hands and seals this 23d day of Deer 1836 
 
 Charles Arnold 
 William Butler" 
 
 State of Illinois j In the circuit court of said 
 
 }- county 
 Sangamon county & circuit J March term 1838 
 
 James E. Reed & 
 Eliza A. his wife 
 
 vs 
 Charles Arnold 
 William Butler 
 
 In Assumpsit 
 Damage $400— 
 
 The clerk of the Sangamon circuit court will issue process in 
 the above entitled cause returnable to the next term of said court — 
 
 Stuart & Lincoln for 
 
 Plff 
 
 James E Reed & Wife 
 
 vs 
 
 Charles Arnold & 
 
 William Butler 
 
UNCOLLECTED WORKS OF LINCOLN 597 
 
 Precipe & Decln 
 Filed Jany 12th 1838 
 Wm. Butler Clk 
 
 LETTERS OF "A CONSERVATIVE" WRITTEN IN PART 
 
 BY LINCOLN, SANGAMO JOURNAL, JANUARY 12, 
 
 JANUARY 27, FEBRUARY 3 AND FEBRUARY 10, 1838 
 
 During January and February, 1838, a series of four letters 
 xvere published in the Sangamo Journal signed ft A Conservative." 
 They purported to come from a conservative Democrat, and de- 
 plored the conduct of affairs in his party. After a careful study 
 of the four letters, Dr. Glenn H. Seymour, in an article published 
 in the July, 1936, issue of the Journal of the Illinois State His- 
 torical Society, recorded his conclusions that, while the first A 
 Conservative letter might be reasonably ascribed to Francis, editor 
 of the . Sangamo Journal, the remaining three were written in 
 whole or in part by Abraham Lincoln. He pointed out that Mr. 
 Lincoln was in Springfield during the period the letters appeared 
 in the Journal; that "the cadence and rhythm of the prose was 
 that of the early Lincoln, and that the arrangement of the argu- 
 ment is peculiarly in his manner/' 
 
 Conservative No. 2 letter, here reproduced, appeared in the 
 ■^-Sangamo Journal on January 27, 1837, and was a scorching at- 
 tack on the nomination by a Democratic convention held in Peoria 
 of Stephen A. Douglas to contest with John T. Stuart, Mr, Lin- 
 coln's partner, for the seat in Congress then held by William L. 
 May. 
 
 A CONSERVATIVE — NO. 2 
 
 The present number will be devoted to the Peoria Conven- 
 tion. And while I admit that conventions really gotten up by the 
 People, unpacked and fairly conducted throughout, are highly 
 proper, and strictly democratic in every just sense of the word; 
 I shall attempt to show that the one lately held at Peoria, was 
 gotten up and conducted in such a manner, as to render it both 
 injurious and disgraceful to the party if they attempt to sustain it. 
 
 In the first place, a certain gentleman who resides in San- 
 gamon county, and who has followed a variety of occupations, 
 both here and elsewhere, for a living and failed in all, cast about 
 for some desperate manovre (sic) that might save him, when he 
 should be called upon to close up his loafing operations. After 
 some considerable wandering, his eyes were finally settled upon a 
 Land Office; and to remove the incumbent, and place himself in 
 
 P 
 
598 UNCOLLECTED WORKS OF LINCOLN 
 
 his stead, all the powers of his mind were put to the torture. He 
 first made a set at the Receiver's Office in Springfield, but the 
 Receiver seeing nothing in prospect that he liked better, and pre- 
 ferring himself to the best of his friends, chose not to be jostled 
 from his place. Next he turned to the Register's Office. It was 
 filled by a young man of respectable talents for one of his age, 
 who had received rather an extraordinary succession of favors 
 from his party, and who, mistaking those favors, which were 
 merely designed to give him the means of living, as evidence of a 
 high admiration of his talents, was more completely assailable on 
 the score of vanity, and more susceptible of flattery than is often 
 the lot of man to be. 
 
 Long practice enabled him to discover the vulnerable point 
 of the Register ; and there he directed his attack. He commenced, 
 as is supposed by telling him that he regretted to see him con- 
 fined to the dry and laborious occupation of writing answers to 
 the endless and silly enquiries of every applicant about N. W. of 
 S. E. of 23, T. 24 R. 3W., etc., etc. ; that for one whom nature 
 designed for nothing else but to be 
 
 '"Fixed to one certain spot, 
 
 To draw nutrition, propagate, and rot." 
 such a plodding occupation was well enough ; but that for one of 
 his towering gemu;;, i f was absolutely intolerable. "You," con- 
 tinued he, "may be Pic3ide.ni of these United States just as well 
 as not. A seat in Congress is not worthy to be your abiding place, 
 though you might with propriety serve one term in the capacity 
 of Representative — not that it would at all become you ; but mere- 
 ly in imitation of some king, who being called to the throne from 
 obscurity, lodges for one night in a hovel as he journies to the 
 palace. History gives no account of a man of your age occupying 
 such high ground as you do now. At twenty- four Bonaparte was 
 unheard of ; and in fact so it has been with all great men in for- 
 mer times. Of the history of all of them, Mr. Van Buren alone 
 approaches rivalship to yours. Indeed, the similarity is striking. 
 The only difference, perhaps, is, that his own was but the minia- 
 ture of what you's is the life size." 
 
 "But", said the Register, "do you really think a seat in Con- 
 gress within my reach?" 
 
 "'Within your reach ! What a question ! — How strange it is, 
 that while true genius can place a true estimate upon everything 
 else, it never can upon its own powers. There is no doubt of a 
 seat in Congress being within your reach. The only question is 
 
UNCOLLECTED WORKS OF LINCOLN 599 
 
 whether you will condescend to occupy it. Our party have the 
 majority in this District, and all you have to do is to get nom- 
 inated at a District Convention as a party candidate. Get the 
 nomination, place this office in my hands, (which I would by no 
 means accept, only for the opportunity it will afford me of serv- 
 ing you) and take the field boldly, and make a regular electioneer- 
 ing campaign of it from this time to the election, and, depend 
 upon it, success is certain. ,, 
 
 "Done," says the Register. '"Procure me the nomination of 
 the District Convention, and the office is yours." 
 
 "I fear you mistake my motive," says the man of expedients. 
 "I only proposed to take the office as a means of serving you." 
 
 "Just so I understand you," says the Register. 
 
 "So let it be then." 
 
 "Agreed." 
 
 Steps were immediately taken to get up a Convention. The 
 "man of expedients" was seen to be the prime mover of all, or 
 nearly all, the primary meetings this side of the river. — As many 
 delegates were to be appointed from each county, as the county 
 was entitled to senators and representative (sic) in the legislature 
 — In Sangamon I know precisely how the matter was managed. 
 Nine men were appointed delegates care being taken to get as 
 many of them pledged to the Register as possible, and the re- 
 mainder made up of men who it was known, would not attend, 
 and their vacancies of course were to be filled by those who did. 
 And it is a fact not to be denied, that in filling these vacancies, no 
 man would or could be accepted unless he would pledge himself 
 to go for the Register. There was much difficulty in getting all 
 these places filled; and I know that several respectable members 
 of the party as can be found in the county, voluntarily offered to 
 go, but were rejected in consequence of expressing a preference 
 for other men over him who finally received the nomination ; 
 while others who accepted and did attend, had their stage fare 
 and expenses paid to Peoria and back from a source they knew 
 not whence ; for no other reason than their being pleased to vote 
 for the Register. This same spouting prime mover, attended the 
 horse races at Jacksonville, and got up a meeting there, which I 
 have every reason to believe, was conducted precisely, or at least, 
 very nearly, in the same manner as that in Sangamon. Anon the 
 Convention is in session at Peoria. This same man is there tak- 
 ing the lead. Discovering that matters are so arranged, that his 
 man can succeed if the vote be immediately taken, he announces 
 
600 UNCOLLECTED WORKS OF LINCOLN 
 
 to the Convention that some of his family are dangerously ill, and 
 that he must of necessity leave before the next day, and therefore 
 requests that the nomination be immediately made. Through kind- 
 ness to him the unsuspecting members consent, and the nomina- 
 tion is made, when, to the astonishment of all, this man again 
 rises in a blaze of good humor, and proposes that the Conven- 
 tion shall adjourn the next day, that the members may have the 
 pleasure of a better acquaintance ! — He was detected in, and cas- 
 tigated for his duplicity on the spot by a talented young gentle- 
 man, Mr. Hodge, of Galena; but even then, little did the mem- 
 bers think that a majority of them were at that very moment the 
 dupes of this man; and that they had actually made a nomina- 
 tion, which, but for his exertions, from motives now apparent, 
 would never have been thought of. But the nomination was made ; 
 and, according to contract, I presume, at this time, a correspon- 
 dence is going on between Washington and this place, in regard 
 to the regular transfer of the Land Office. 
 
 I have said the nomination, if adhered to by the party, would 
 both injure and disgrace them. I maintain the points. It will in- 
 jure them because it will lose them the district. Abstractly speak- 
 ing, the nominee is a clever enough young man; but he cannot 
 be elected. He has not a personal acquaintance with the one- 
 hundredth man in the District; and by those to whom he is 
 known, he is not remarkably favorably known: If there were no 
 other evidence, the profound silence and disregard, with which 
 the whig press treat him, are sufficient to prove that his claims 
 to a seat in Congress, are beneath the dignity of contempt. God 
 knows they are never slow in the abuse and slander of any dem- 
 ocrat, that is worth slandering and abusing : and yet, although he 
 has been before the people of the district some six or eight weeks, 
 no one of them has even condescended to notice him in any way, 
 except the Chicago American ; and I have no doubt that if the 
 editor could see the man, he would beg pardon for what he has 
 done, and promise faithfully to do so no more. 
 
 But an attempt to sustain this nomination will both injure 
 and disgrace the party on another account. Our party have ever 
 declared and I hope conscientiously too, that they were actuated 
 only by the purest motives. On the other hand, the whigs are 
 ever charging us with corruption; and I confess if we attempt to 
 sustain the Peoria .nomination with all the foul and corrupt trans- 
 actions that attended it in its incipient and subsequent stages, it 
 will put them to little trouble to prove it on us. If such ill-begot- 
 
UNCOLLECTED WORKS OF LINCOLN 601 
 
 ten assemblages as that, be permitted to pass as regular Demo- 
 cratic Conventions, it will not be long, till the honest of all parties 
 will need only to be informed that a candidate has been nomin- 
 ated by a Convention, to determine them to vote against him. They 
 will receive, as they should, the scorn and contempt of the world. 
 
 In conclusion, I will say, I can not vote, for the Peoria 
 nominee, and I will not vote for a whig. I go for a new District 
 Convention, to be really gotten up by the people, that shall not be 
 a disgrace upon the word ; and that will nominate some member 
 of the party who will stand some chance of success. 
 
 A Conservative / 
 
 Three days later, on January 30, 1837, an angry Douglas an- 
 swered this attack with a long letter in the Illinois Republican in 
 which he demanded the name of the "Conservative/' His de- 
 mand prompted this "Addendum to Conservative No. 2, pub- 
 lished in the Sangamo Journal on February 3 : 
 
 T ADDENDUM — TO CONSERVATIVE NO. 2 
 
 In looking over the loco foco paper published here, I dis- 
 cover that my last number has called forth a very ill-natured, and 
 to my judgment, a very silly article from Mr. Douglas. Mr. D. 
 has either mistaken my object, or designs to lead me from it. If 
 the latter, he will not succeed for more reasons than one. In the 
 first place, I am on terms of friendship with him, and wish to re- 
 main so. As to his abuse of ( ) it, as the fulmination of. 
 ( ) to give up my name ( ) (it designs to divert) public 
 attention from what I consider a very important, to a mere per- 
 sonal difficulty between him and me. 
 
 My object was not to assail him ; nor would I have even re- 
 ferred to him, if it had been possible to avoid it. I did not even 
 mean to charge him with culpability in contracting the land office. 
 Under ordinary circumstances, I would regard such a transac- 
 tion as culpable ; but I hold if a man is flattered out of his sense, 
 he is no more responsible than when he is insane from other 
 causes. My object was, and still is, to stay, if possible, the strong 
 adverse current which is now setting against the cause of equal 
 rights. Taking advantage of the destructive schemes of the loco 
 foco party, as a weapon against the whole, the high-toned blue- 
 light federalists have swept State after State from our ranks, till 
 we are left with a mere fragment of strength among the people ; 
 but which, if prudently used, may be again swelled to a majority 
 ere the present term of Mr. Van Buren expires. This being the 
 case, my object is to snatch back from the federalists, this Con- 
 
602 UNCOLLECTED WORKS OF LINCOLN 
 
 gressional District, into whose grasp it is almost gone. But, in 
 these trying times, instead of some man of talent and acquaintance 
 with the people, and possessing other suitable qualifications pre- 
 sented as our candidate, we have a young man who is not only 
 the very spawn of that loco focoism which has crushed and de- 
 stroyed our party in New York and several other smaller States ; 
 but who was actually foisted upon the party by the influence of a 
 land office. That this last was the fact, Mr. D. denies ; but I be- 
 lieve it to be true for what appears to me to be the best of rea- 
 sons. It is not my purpose to denounce him ; but I will say to him, 
 that when he explains to me why he, that I heretofore called the 
 man of expedients, felt so deep an interest in procuring his nom- 
 ination, as to attend the primary meetings out of his own county ; 
 to have all the appointed delegates pledged to him before he would 
 appoint them ; to tell a falsehood in the Convention which he knew 
 must be detected within a few hours at most; to communicate 
 with a land officer in the north, urging him to be a candidate, 
 and then deceiving him ; and lastly, to go to Vandalia at a most 
 disagreeable season to procure the nomination of Colonel Ste- 
 phenson, to appease his friends, whose complaints it was feared 
 might be sufficiently loud to drive the Peoria nominee from the 
 track — I say, when he will explain all these things, I pledge my- 
 self then to furnish him with some others which he knows to be 
 in my possession, and which will readily enough occur to him on 
 reading this. 
 
 I now again say to the Democratic party of this District, 
 that if they wish their principles to continue in the ascendant; if 
 they wish to again, as they have heretofore done, defeat the de- 
 signs of the federalist party; if they wish to preserve true de- 
 mocracy as well in reality as in name, some other candidate must 
 be placed upon the track. I have already given it as my opinion 
 that a Convention fairly gotten up would be the proper method 
 of bringing such a candidate before the people. 
 
 The Conservative 
 
 U 
 
 The last of the four Conservative letters appeard in the San- 
 gamo Journal on February 10, 1837, and was made up of protests 
 purporting to come from Democrats of the district hostile to the 
 nomination of Douglas. The only one of these protests having a 
 sigfiature bore that of William L. May, who wrote from Dixon's 
 Ferry under date of December 1, 1837, setting forth the unfair 
 manner in which Douglas had wrested the nomination for Con- 
 
UNCOLLECTED WORKS OF LINCOLN 603 
 
 gress from him. The conclusion of this series of protests, how- 
 ever, sounds very like Mr. Lincoln : 
 
 Without admitting that those articles are slanderous, I an- 
 swer that I refuse to sign my name to them, because I am no can- 
 didate for public favor, and consequently the people have no in- 
 terest in my character; because, if my statements are false, Mr. 
 Douglass can as easily show them to be so, without knowing my 
 name as with it ; and, particularly, because I know Mr. Douglass 
 knows those statements are true ,and is therefore inordinately de- 
 sirous to divert public attention from them by getting into a per- 
 sonal quarrel with me. 
 
 DECLARATION AND PRAECIPE IN THE SUIT OF 
 HARRISON VS. DICKINSON AND TAYLOR, 
 SANGAMON CIRCUIT COURT, JANUARY 27, 1838 
 (Herndon-Weik Collection) 
 This declaration and praecipe were penned by Attorney 
 Lincoln, as were the cover notations, excepting the date of filing 
 in the hand of Butler. David Dickinson, one of the defendants, 
 was a former deputy-sheriff of Sangamon County, and well 
 known to Mr. Lincoln, who in 1834 had voted for him for sheriff. 
 The co-defendant, John Taylor, was a man of much property, 
 being owner of a large part of the town of Petersburg. The 
 case was decided on March 9, 1838, at which time the clerk made 
 entry of the default of the defendants, and a judgment by de- 
 fault of five hundred and sixty dollars debts and damages, the 
 costs being also assessed against the defendants. Once again, At- 
 torney Lincoln is seen acting against an old friend of New Salem 
 days. 
 
 State of Illinois 
 
 }- In the circuit court of said 
 Sangamon county & circuit J county — March Term. 1838 — 
 
 Peyton L. Harrison, plaintiff, complains of David Dickinson 
 and John Taylor, defendants, being in custody &c. of a plea 
 that they render to the said plaintiff the sum of five hundred 
 dollars and interest lawful money which they owe to and unjustly 
 detain from him: For that whereas the said defendants, hereto- 
 fore, towit, on the fifteenth day of March in the year of our 
 Lord one thousand eight hundred and thirty seven, at the county 
 and circuit aforesaid, by their certain writing obligatory (the 
 said David Dickinson signing his name D. Dicknson) sealed wth 
 
604 UNCOLLECTED WORKS OF LINCOLN 
 
 their seals and now shown to the court &c. the date whereof 
 is the day and year aforesaid, acknowledged themselves to be 
 held and firmly bound unto the said plaintiff in the sum of five 
 hundred dollars above demanded to be paid to the said plaintiff 
 on order on or before the twentyfifth day of December then 
 next ensuing, to draw twelve per cent until paid. Yet the said 
 defendants (although often requested so to do) have not as yet 
 paid the said sum of five hundred dollars above demanded or 
 any part thereof, to the said plaintiff; but have hitherto wholly 
 neglected and refused, and still neglects and refuses so to do, — 
 To the damage of the said plaintiff of two hundred dollars, and 
 therefore he brings his suit — 
 
 Stuart & Lincoln for Plffs— 
 The following is a copy of the instrument declared on : 
 "On or before the 25th December next we or either of us promise 
 to pay to Peyton L. Harrison, or order five hundred dollars value 
 received drawing Twelve per cent until paid — 
 March 15th 1837 D. Dickinson (Seal) 
 
 Witness our hands & seals John Taylor (Seal)" 
 
 Peyton L. Harrison 
 ] In Debt 
 vs }• 
 
 David Dickinson & Debt— $500-00 
 
 David Dickinson & Debt— $5500-00 
 
 John Taylor . Damage . .200-00 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above entitled cause returnable to the next term of said 
 court — 
 
 Stuart & Lincoln for Plff 
 P. L. Harrison 
 
 vs 
 David Dickinson & 
 John Taylor — 
 
 Declaration & Precipe 
 Filed Jany 27 1838 
 Wm Butler Clk 
 
 NOTES IN THE SUIT OF STAFFORD VS. WHITNEY & 
 WHITNEY, JANUARY 28, 1838 
 ( Herndon-Weik Collection) 
 These notes are in the hand of Lawyer Lincoln, and signed 
 
UNCOLLECTED WORKS OF LINCOLN 605 
 
 by Jonas and Dewey Whitney. The cover notations are from the 
 pen of Mr. Lincoln, but the word, "to" may be viewed as suspect, 
 as it is not distinctly Lincolnesque. In view of the fact that the 
 signatures of the two Whitneys are the only marks of penman- 
 ship not by Lincoln, it is possible that the word, "to", was penned 
 rapidly by him. These notes are part of the suit of Stafford vs. 
 Whitney and Whitney, March 4, 1841, dealt with in another 
 place. 
 
 Jonas & Dewey Whitney 
 
 to I Notes 
 
 1 J 
 DanSiafford 
 
 $85- 41— 
 1585- 41— 
 "Springfield Ills : January-29-1838 
 
 Seven months after date we or either of us promise to pay- 
 Daniel Stafford Junior or order the sum of eightyfive dollars and 
 fortyone cents with six per cent interest from date until paid; 
 for value received — 
 
 Jonas Whitney 
 Dewev Whitnev" 
 "Springfield, Ills. January 29-1838 
 
 Nine months after date we or either of us promise to pay 
 Daniel Stafford Junior, or order eightyfive dollars and fortyone 
 cents, with six per cent interest from date until paid; for value 
 received — 
 
 Jonas Whitney 
 Dewey Whitney" 
 
 PRAECIPE AND DECLARATION IN THE SUIT OF 
 ELLIS & VAUGHN VS. RANSDELL. SANGAMON 
 CIRCUIT COURT, JANUARY 29, 1838, 
 (Herndon-Weik Collection) 
 This praecipe and declaration are in the hand of Mr. Lincoln. 
 The figures and cover notations, with the exception of the file 
 date, are also in his hand. He spells "style" as "stile," an infre- 
 quent usage by him. Abner Y. Ellis zvas a close friend of Mr. 
 Lincoln in the latter' s New Salem days, and afterward a partner 
 of another Lincoln intimate, Joshua Fry Speed. Wharton Rans- 
 dell, as noted in another place, was the keeper of a tavern in 
 Springfield. On March 9, 1838, the clerk entered a final decision 
 
606 UNCOLLECTED WORKS OF LINCOLN 
 
 in the Record Book of Sangamon County, noting that the defen- 
 dant had defaulted, and that the court had decreed judgment in 
 favor of the clients of Stuart & Lincoln in the sum of One hun- 
 dred thirty one dollars and forty five cents damages, not includ- 
 ing costs, which were to be paid by Ransdell. 
 
 State of Illinois ] 
 
 \ ss In the circuit court of said 
 Sangamon county and circuit] county — March Term 1838 
 
 Abner Y. Ellis and Foley Vaughn, late trading under the 
 name, stile and firm of Ellis & Vaughn, plaintiffs, complain of 
 Wharton Ransdell, defendant, being in custody &c of a plea of 
 tresspass on the case upon promises: For that whereas the said 
 defendant, heretofore to wit, on the fourth day of October in the 
 year of our Lord one thousand eight hundred and thirty seven, 
 at the county and circuit aforesaid, made his certain promissory 
 note in writing (signing his name thereto "W. Ransdell") bear- 
 ing date the day and year aforesaid, and thereby then and there 
 promised to pay to one Robert C. Arnold, on demand, the sum 
 of one hundred and twenty eight dollars and twenty five (meaning 
 one hundred and twentyeight dollars and twentyfive cents) for 
 value received, and then and there delivered the said promissory 
 note to the said Robert C. Arnold — And the said Robert C. 
 Arnold, to whom the payment of the said sum of money in the 
 said promissory note specified was to be made, after the making 
 of the said promissory note, before the payment of the said sum 
 of money therein specified, towit on the first day of January in 
 the year of our Lord one thousand eight hundred and thirtyeight, 
 at the county and circuit aforesaid, assigned the said promissory 
 note, by which said assignment, he the said Robert C. Arnold 
 then and there ordered and appointed the said sum of money Ln 
 the said promissory note specified, to be paid to the said plain- 
 tiffs, and then and there delivered the said promissory note so 
 assigned as aforesaid to the said plaintiffs, by means whereof, 
 and by force of the statute in such case made and provided, the 
 said defendant then and there became liable to pay to the said 
 plaintiffs the said sum of money in the said promissory note speci- 
 fied according to the tenor and effect of the said promissory note ; 
 and being so liable he the said defendant, in consideration there- 
 of, afterwards, towit, an the day and year last aforesaid, at the 
 county and circuit aforesaid, undertook, and then and there faith- 
 fully promised the said plaintiffs to pay them the said sum of 
 
UNCOLLECTED WORKS OF LINCOLN 607 
 
 money in the said promissory note specified, according to the 
 tenor and effect thereof — 
 
 Yet the said defendant (although often requested so to do) 
 hath not as yet paid to the said plaintiffs the said sum of money 
 in the said promissory note specified, or any part thereof, but so 
 to do hath hitherto wholly neglected and refused, and still doth 
 neglect and refuse — To the damage of the said plaintiffs of the 
 sum of two hundred dollars; and therefore they bring their suit 
 &c. 
 
 Stuart & Lincoln for Plff 
 
 The following is a copy of the instrument declared on: 
 
 "Due Robert C. Arnold one hundred and twentyeight dollars 
 and twentyfive cents for value Red this 4th October 1837 
 
 W. Ransdell" 
 
 12825 
 2/ 2 
 
 25650 
 64 
 
 320 
 12825 
 
 131.45 
 
 Tresspass on the case upon 
 promises — 
 
 Damage $200-00— 
 
 Foley Vaughn 
 
 vs 
 Wharton Ransdell 
 
 The clerk of the Sangamon circuit court will issue process 
 in the above case returnable to the next term of said court — 
 
 Stuart & Lincoln — 
 Ellis & Vaughn 
 
 vs 
 W. Ransdell 
 
 Precipe & Declaration 
 Filed Jany 29th 1838 
 Wm. Butler Clk 
 
608 UNCOLLECTED WORKS OF LINCOLN 
 
 THE LEGISLATURE VOTES MONEY TO COMPLETE 
 
 THE STATE HOUSE AT SPRINGFIELD, 
 
 JANUARY 10, 1839 
 
 Following the debate of January 9 there was a shrewd rally- 
 ing of forces by Mr. Lincoln and the other Whig leaders in the 
 Legislature concerned for Springfield's future; and on January 
 10 a bill, in the drafting of which, it is safe to assume he had par- 
 ticipated, and which made an adequate appropriation for com- 
 pleting the new state house, was passed by the House. The text 
 of this bill, duly approved by the Senate and signed by the gov- 
 ernor, follows. Three days after its passage by the House, in 
 the Senate at Washington Silas Wright of New York called up 
 President Van Bureris sub-treasury bill and started it on the way 
 to final enactment — a course which in the months just ahead was 
 to call forth in angry protest much unavailing oratory from Abra- 
 ham Lincoln of Springfield. 
 
 Be it enacted by the people of the State of Illinois repre- 
 sented in General Assembly, That the sum of $128,300 be, and 
 the same is hereby appropriated, to defray the expenses of fin- 
 ishing the State House at Springfield and furnishing the same, 
 and the offices attached thereto, with all the necessary furniture 
 for the use of the said house and offices — said sum payable out 
 of any money in the treasury not otherwise appropriated. 
 
 Sec. 2. The Commissioners appointed to superintend the 
 erection of the public buildings at Springfield, shall proceed, with- 
 out delay to cause the said buildings to be completed in the man- 
 ner, upon the plan, and with the materials heretofore agreed upon 
 by said Commissioners. 
 
 Sec. 3. The appropriation hereby made shall be paid out 
 in the manner and at the times hereinafter specified. The Com- 
 missioners shall upon the passage of this act, and quarterly there- 
 after, make a report to the Governor, stating to him the amount 
 of money which will be required for use during the next three 
 months, and the amount expended during the preceding three, 
 and upon the reception of said report, the Governor shall make 
 an order upon the auditor, requiring him to issue an order upon 
 the Treasury for the amount so required. The warrant shall 
 be payable at the State Bank of Illinois to the order of the com- 
 missioners. 
 
 Sec. 4. The Commissioners shall deposit all orders issued in 
 their favor in the State Bank, and the money shall be paid out 
 by the Bank upon the orders of said Commissioners. 
 
UNCOLLECTED WORKS OF LINCOLN 609 
 
 Sec. 5. The commissioners shall, instead of paying out 
 money, make orders or checks upon the Bank, in favor of all 
 persons to whom money may be due, and shall state on the face 
 of such orders or checks, the consideration for which they were 
 given, and shall be so written as that the signature of the payee 
 upon the back shall make the order or check operate as a receipt 
 from the payee to the State as well as to the Bank. 
 
 Sec. 6. In case any, or all the Commissioners appointed to 
 superintend the erection of public buildings shall die, resign or 
 refuse to act, the governor shall appoint a successor or successors. 
 
 JURY DECISION AND DECREE OF THE COURT IN 
 
 THE DIVORCE SUIT OF ROGERS VS. ROGERS, 
 SANGAMON CIRCUIT COURT, ABOUT MARCH 15, 1839. 
 (Herndon-Weik Collection) 
 The last paragraph of this decree appears to have been pen- 
 ned by John T. Stuart. Mr. Lincoln wrote no part of the jury 
 decision, but the document is included as the end of an unwhole- 
 some divorce case. Its history appears in the legal papers for 
 August 14, October 20, the amended bill of October or Novem- 
 ber, 1838, and this decision. The case cannot be considered a 
 victory for Stuart & Lincoln, for although Rogers gained a 
 divorce on grounds of desertion, as charged in a bill for divorce 
 of August 14, 1838, Polly Rogers was absolved of the charge 
 of adultery, and received an alimony payment of $78.00 per year, 
 and immediate payment of a sum that must have displeased 
 Rogers. He had complained of the original alimony award of 
 $1,000. The jury remained silent on the counter charge of 
 adultery by Mrs. Rogers against her husband. 
 
 Samuel Rogers 
 
 l 
 
 vs J- Petition for divorce 
 
 J 
 
 Polly Rogers 
 
 This day came the parties and issues being joined upon the 
 bill of Said Complainant and the answer of said defendant, — 
 The Court directed a jury to be sworn to try the said issues, 
 Whereupon came a jury, To wit A. R. Robinson (and eleven 
 others), who after being duly sworn to try Said issues. And 
 after hearing the evidence and argument of counsel, retired to 
 consider of their verdict and then coming again into court say. 
 "we of the jury find the defendant did desert and abandon the 
 
610 UNCOLLECTED WORKS OF LINCOLN 
 
 said Complainant as set forth in said bill, and that said defendant 
 has not been guilty of adultery as charged in Said bill nor other 
 improper conduct." Whereupon it is ordered and decreed by 
 the Court that the bonds of matrimony now existing between the 
 said Samuel Rogers and the said Polly be and the same are 
 forever broken and dissolved. And the court having heard evi- 
 dence as to the property of said Complainant and the condition 
 of said defendant — it is further ordered and adjudged that the 
 said Complainant pay to the said defendant as alimony the sum 
 of one hundred and thirty nine dollars, on the first day of Sept. 
 1838 and that he pay her the further sum of thirty nine dollars, 
 on each first day of March and first day of September thereafter 
 until the further order of the court. Said payments are hereby 
 required to be made to the clerk of this court at his office, and 
 the court doth further order that compt. & deft, pay their other 
 costs of this court. 
 
 CHANGE OF VENUE AND LETTER IN THE SUIT OF 
 McNAIR VS. ADAMS, PEORIA CIRCUIT COURT, 
 APRIL 2 AND 8, 1839. 
 ( Herndon-Weik Collection) 
 The words "Stuart & Lincoln Attys for Plff" in the agree- 
 ment for change of venue are in [the handwriting of Mr. Lin- 
 coln. The letter was penned by Samuel H. Treat, as was "Wm. 
 Mitchell, Peoria, Illinois" on the cover notation. "McNair vs. 
 Adams" is in a different hand, and Clerk Mitchell penned the 
 date of filing. Agreement and letter are part of a prolonged and 
 bitter contest instigated, as set forth on earlier pages, by Mr. 
 Lincoln, On August 9, 1841, there was another change of venue, 
 this time to the Cass County Circuit Court. There the matter 
 rested until the death of Adams in August, 1843, put an end to 
 further proceedings. 
 
 Mathew McNair. Pltff. 1 In the Peoria circuit 
 
 vs. \- court, on change of venue 
 
 James Adams. Deft. J from Sangamon 
 
 It is hereby stipulated & agreed that the venue in this cause 
 be changed from Peoria county to sangamon county. 
 
 Stuart & Lincoln 
 Attys for Plff 
 S. H. Treat attorney 
 deft. Adams. 
 — 
 
UNCOLLECTED WORKS OF LINCOLN 61 1 
 
 Letter for Change of Venue: April 8, 1839. 
 
 Springfield April 8th 1839— 
 
 Wm Mitchell Esq.. 
 
 Dear Sir. 
 
 You will find on your Docket a case of Matthew McNair 
 vs James Adams — 
 
 Will you have the goodness to file the Enclosed agreement & 
 when the cause is called up, have the venue changed to this 
 county. By so doing you will much oblige Messrs Stuart & 
 Lincoln. & your Obet. Servant 
 
 S. H. Treat. 
 
 McNair 
 
 vs 
 Adams 
 Paid 10 
 Paid 
 Wm Mitchell Esquire 
 
 Peoria — 
 
 Illinois 
 Filed April 10th 1839 
 Wm Mitchell Clerk 
 
 AFFIDAVIT BY MR. LINCOLN IN THE SUIT OF LUSK 
 
 VS. COON, TAZEWELL CIRCUIT COURT, 
 
 PROBABLY MAY, 1839. 
 
 No doubt an interesting story lies behind this affidavit of 
 
 Mr. Lincoln, but it has not been possible, despite much labor, 
 
 to obtain the details of it. The same regret attaches to many 
 
 other incidents of his first years at the bar. 
 
 State of Illinois ) 
 Tazewell County \ 
 
 On of the defendants in an action of trespass pending in 
 the circuit court of the county aforesaid, wherein Robert Lusk is 
 plaintiff, being first duly sworn, states on oath, that he does not 
 know, nor can he learn of any Robert Lusk residing in the State 
 of Illinois; that he has heard of a man by the name of Lusk 
 residing in the State of Tennessee, whom, from circumstances, 
 affiant supposes to be the plaintiff in said suit — Affiant therefore 
 states that he verily believes said plaintiff was not, at the com- 
 mencement of this suit, nor is now, a resident of this state — 
 
612 UNCOLLECTED WORKS OF LINCOLN 
 
 DECLARATION, PRAECIPE AND BOND FOR 
 SECURITY IN THE SUIT OF FORSYTH VS. TRUETT & 
 MAY, SANGAMON CIRCUIT COURT, MAY 22, 1839. 
 ( Herndon-Weik Collection ) 
 This declaration and praecipe were drawn by Mr. Lincoln 
 The notations on the cover, signed by Walker, are also in his 
 hand, as are those signed by Butler. The others were penned 
 by Lincoln. The repetition of the word "the" as in "the the" 
 and of "in", as in the case of "in in" should be noted. Mr. Lin- 
 coln usually crossed out such superfluous words, but repetitions 
 are found in a few of his documents. The signature of Irwin 
 and the notations on the cover are the only parts of the bond for 
 security not in Mr. Lincoln's hand. Mr. Lincoln gave the case 
 as "Forsyth & Forsyth vs. Truett & May" and brings out the fact 
 that John and Jacob Forsyth traded as "Jacob Forsyth & Co." 
 Clerk Butler files the case as Forsyth & Co. vs. Truett & Co. 
 Truett and May entered their pleas as defendants on July 10, 
 1839. Stuart and Lincoln acted for the plaintiffs, and Mr. Lin- 
 coln bid in lots 3 and 4 in Taylor's Addition to Springfield. The 
 cost was $961.06, and the former owner of the lots was William 
 L. May. This zvas in satisfaction of the judgment obtained 
 against him. Truett was May's son-in-law, and Mr. Lincoln was 
 one of the attorneys who in the previous [year had saved him 
 from conviction for the murder of Dr. Jacob M. Early. 
 
 State of Illinois 
 
 Sangamon County 
 & Circuit — 
 
 SS 
 
 Jacob Forsyth and John A. Forsyth, trading and doing 
 business under the style and firm-name of "Jacob Forsyth & 
 Co" plaintiffs, complain of Henry B. Truett and William L. 
 May, defendants, being in custody &c. of a plea of tresspass 
 on the case upon promises: For that whereas; heretofore, towit, 
 on the first day of July in the year of our Lord one thousand 
 eight hundred and thirtyseven at Springfield 111. towit, at the 
 county and circuit aforesaid, made their certain promissory note 
 in writing, bearing date the day and year aforesaid, and thereby 
 then and there promised to pay, six months after the date thereof, 
 to the order of the said plaintiffs, by their said firm-name of 
 "Jacob Forsyth & Co" the sum of eight hundred dollars, for 
 value received, with interest at the rate of six pr ct (meaning 
 six per cent) from the date of the said promissory note, and 
 
UNCOLLECTED WORKS OF LINCOLN 613 
 
 then and there delivered the said promissory note to the said 
 plaintiffs; by means whereof, and force, of the statute in such 
 case made and provided, the said defendants then and there 
 became liable to pay to the said plaintiffs the said sum of money 
 in the said promissory note specified, according to the tenor and 
 effect of the said promissory note; and being so liable, they, the 
 said defendants, in consideration thereof, afterwards, towit, on 
 the day and year, and at the place aforesaid, undertook, and 
 then and there faithfully promised the said plaintiffs to pay 
 them the said sum of money in the said promissory note speci- 
 fied according to the tenor and effect thereof — Yet the said 
 defendants (although often requested so to do; and although the 
 time for the payment of the said sum of money in the said 
 promissory note specified has long since expired) have not as 
 yet paid to the said plaintiffs, or to their order, the said sum of 
 money in the said promissory note specified, or any part thereof ; 
 but sotodo have hitherto wholly neglected and refused, and still 
 do neglect and refuse, to the damage of the said plaintiffs of 
 fifteen hundred dollars, and therefore they sue &c. 
 
 Stuart & Lincoln p.q — 
 (Copy of the note sued on) 
 
 "$800— Springfield 111 July 1st 1837— 
 
 Six months after date we promise to pay to the order to 
 Jacob Forsyth & Co Eight hundred Dollars 100 for value re- 
 ceived with interest at the rate of six per. ct from this date — 
 
 Henry B. Truett 
 William L. May" 
 Jacob Forsyth & 
 John A. Forsyth trading and 
 doing business under the style 
 and firm-name of 
 "Jacob Forsyth & Co" 
 
 vs 
 Henry B. Truett & 
 William L. May 
 
 The clerk of the Sangamon circuit court will issue process 
 in in the above case returnable to the next term of said court — 
 
 Stuart & Lincoln p q — 
 Forsyth &c ] 
 
 vs y In Case 
 
 Truett & May J 
 
 And the Defendant May comes & defends & says he did 
 not assume upon himself in manner & form as plaintiffs have 
 
 Trespass on the case 
 upon promises — 
 Damage $1500-00— 
 
614 UNCOLLECTED WORKS OF LINCOLN 
 
 alleged & of this he puts himself upon the country 
 
 Walker p d 
 And the Plff. doth the like. 
 
 Stuart & Lincoln 
 Jacob Forsyth & Co 
 
 l 
 
 vs )- Declaration & 
 
 J Precipe — 
 
 Henry B Truett and 
 William L. May — 
 Filed May 22d 1839 
 Wm Butler clerk 
 
 
 
 Jacob Forsyth & John A. Forsyth] 
 
 vs ^ In S 
 
 Henry B. Truett & William L. MayJ 
 
 I do hereby enter myself security for costs in this cause, 
 and acknowledge myself bound to pay all costs which may ac- 
 crue in this action, either to the opposite party or to any of the 
 officers of this court in pursuance of the laws of this state — 
 
 John Irwin 
 Dated this 20th day of May A D. 1839. 
 Forsyth & Co 
 
 vs 
 Truett & Co 
 Filed May 22 1838 
 Wm Butler ck 
 $898.00 
 
 LETTER OF MR. LINCOLN TO NATHAN DRESSER, 
 MAY 30, 1839. 
 (From the Herndon-Weik Collection) 
 The letter here reproduced was addressed to Nathan Dresser, 
 clerk of the Menard Circuit Court, and instituted a trespass suit 
 for $200 damages for Levi Summers, administrator for Alfred 
 Summers vs. Henry Sears. When the Menard Circuit Court 
 met for the first time at Petersburg on June 17 this suit was 
 second on the docket, but was dismissed on motion of Stuart & 
 Lincoln. On November 11, 1839, Mr. Lincoln asked for a con- 
 tinuance, filing a petition to make title to a tract of land, and on 
 June 8, 1840, he moved that David H. Rutledge, a brother of the 
 well known Ann, be appointed as guardian ad litem for Levi 
 
UNCOLLECTED WORKS OF LINCOLN 615 
 
 and Melvina Summers. The judge ordered that the land be 
 transferred as prayed for in the petition by Summers, the costs 
 to be paid by him. 
 
 Springfield May 30, 1839. 
 Mr. Dresser: 
 
 Enclosed are the papers to commence a suit for old man 
 Summers against H. Sears. You will find one of Butler's blank 
 summons filled up by me which you can copy and it will be right 
 in this case — It would do for itself but for its having the Sanga- 
 mon seal to it — 
 
 Also on the other side of this sheet you find a petition for 
 an order to have the land involved in this matter conveyed to 
 Sears — It, together with the bond, (also enclosed) you will file 
 & docket among your Chancery cases — No process to issue in it. — 
 
 
 
 The above writing is true and genuine and was written by 
 Mr. Lincoln himself. 
 
 Wm. H. Herndon 
 Aug 20th 87 
 
 DECLARATION AND PRAECIPE IN THE SUIT OF 
 SUMMERS VS. SEARS, MENARD CIRCUIT 
 COURT, MAY 31, 1839. 
 (Herndon-Weik Collection) 
 This declaration, quoted note, and precipe are from the pen 
 of Mr. Lincoln, and the cover notations are his work. The care 
 exercised by him as an attorney will be seen in the crossing of 
 the word, "Alfred;' and the substitution of the correct name, 
 "Alford." It is a minor change, but it reveals an important 
 characteristic of Mr. Lincoln. He erred at times, and over- 
 looked a few mistakes, but on the whole, was careful in the 
 drafting of his legal papers. This may account for an orderly 
 process of thinking in court, and an ability before the bench sur- 
 passed by few, if any, of the Illinois attorneys of his period. 
 As recorded above this case was second on the docket of the 
 Menard Circuit Court when it convened on lime 17, 1839, and 
 was dismissed on the motion of Stuart & Lincoln, attorneys for 
 Summers. 
 
 State of Illinois 1 Of the June term of the 
 
 Menard county \- circuit court for said county 
 
 and circuit J A. D. 1839— 
 
 Levi Summers, administrator of the estate of Alford Sum- 
 
616 UNCOLLECTED WORKS OF LINCOLN 
 
 mers deceased, plaintiff complains of Henry Sears defendant, 
 being in custody &c of a plea of trespass on the case upon 
 promises : For that whereas the said defendant, heretofore, and 
 in the life time of the said Alford Summers since deceased, to- 
 wit on the twenty seventh day of December in the year of our 
 Lord on thousand eight hundred and thirtyseven at the county 
 and circuit aforesaid made his certain promissory note in writ- 
 ing signing his name thereto thus Henry (his + mark) Sears 
 bearing date the day and year aforesaid, and thereby then and 
 there promised to pay on or before the first day of April in the 
 year of our Lord one thousand eight hundred and thirtynine to the 
 order of the said Alford Summers the sum of one hundred and 
 thirty dollars for value received, and then and there delivered the 
 said promissory note to the said Alford Summers: by means 
 whereof, and by force of the statute in such case made and 
 provided, he, the said defendant then and there became liable 
 to pay to the said Alford Summers in his lifetime since deceased, 
 the said sum of money in the said promissory note specified, 
 according to the tenor and effect of the said promissory note, and 
 being so liable, he, the said defendant, in consideration thereof, 
 afterwards, towit, on the day and year aforesaid, and at the 
 place aforesaid, undertook, and then and there faithfully promised 
 the said Alford Summers in his lifetime to pay him the said sum 
 of money in the said promissory note specified, according to the 
 tenor and effect of the said note — Yet the said defendant not 
 regarding &c. but contriving &c. to deceive and defraud the said 
 Alford Summers in his life time, and the said Levi Summers, 
 plaintiff, as administrator as aforesaid after the death of the 
 said Alford Summers (to which said Levi Summers, after the 
 death of the said Alford Summers, towit on the day of 
 
 in the year of our Lord one thousand eight hundred and thirty- 
 eight, at the county of Sangamon and state aforesaid, adminis- 
 tration of all and singular the goods and chttels and credits, 
 which were of the said Alford Summers deceased, at the time 
 of his death, who died intestate, by the Probate Justice of the 
 Peace for the county of Sangamon aforesaid, in due form of law 
 was granted in this behalf hath not as yet paid the said sum 
 of money to the said Alford Summers in his lifetime, or to the 
 said Levi Summers administrator as aforesaid, since the death 
 of the said Alford Summers (although often requested sotodo;) 
 but he so to do, hath hitherto wholly refused, and still refuses 
 to pay the same, to the said Levi Summers, administrator as 
 
UNCOLLECTED WORKS OF LINCOLN 617 
 
 aforesaid. To the damage of the said plaintiff, as administra- 
 tor as aforesaid of two hundred dollars, and therefore he brings 
 his suit &c. And the said plaintiff brings into court here the let- 
 ters of administration of the said Probate Justice of the Peace 
 of Sangamon county, which give sufficient evidence to the said 
 court here, of the grant of administration to the said plaintiff as 
 aforesaid, the date whereof is the day and year in that behalf 
 mentioned — 
 
 Stuart & Lincoln p. q. 
 
 (Copy of the note declared on) 
 "$130.00. 
 
 On or before the first day of April 1839 I promise to pay 
 to the order of Alford Summers the sum of one hundred & 
 thirty dollars for value received this 27th December 1837 
 
 his 
 
 Henry + Sears" 
 
 mark 
 
 Levi Summers, administrator 
 of Alford Summers deceased 
 
 vs 
 Henrv Sears 
 
 Trespass on the case 
 upon promises — 
 Damage— $200-00— 
 
 The clerk of the Menard county circuit court will issue pro- 
 cess in the above entitled cause returnable to the next term of 
 said court — 
 
 Stuart & Lincoln p. q. 
 Levi Summers adsr &c. 
 
 l 
 
 vs [ Decln & precipe 
 
 Henry Sears — 
 Filed May 31st 
 1839 
 
 AGREEMENT IN THE SUIT OF SAWYER VS. 
 CORDELL, MACON CIRCUIT COURT, JUNE 3, 1839. 
 (Photostat from the Lincoln National Life Foundation) 
 The agreement in this case was drawn by Mr. Lincoln, at- 
 torney. It was signed by John Sawyer, but the signature of 
 David Cor dell was in the handwriting of Mr. Lincoln. The 
 word, "appeal" indicates that the suit was an appeal from a de- 
 cision of a Justice of Peace court, as appeals from the Circuit 
 Courts went to the State Supreme Court. As the original or 
 
618 UNCOLLECTED WORKS OF LINCOLN 
 
 first decision in the case is not known, we are ignorant of its 
 nature. As in other Macon Circuit Court cases of 1839, research 
 has not made records available, and all that is known is that Mr. 
 Lincoln acted as attorney for one party and that neither party to 
 the suit emerged victorious. 
 
 John Sawyer ) 
 
 vs j- Appeal — 
 
 David Cordell J 
 
 In this case the parties agree that the suit shall be dismissed 
 each party paying half of the cost 
 
 June 3, 1839 
 
 John Sawyer 
 David Cordell 
 
 Sawyer 
 
 ) 
 
 vs J. Agreement 
 
 Cordell 
 
 J 
 
 PLEA IN THE SUIT OF ADKIN VS. HINES, MACON 
 CIRCUIT COURT, JUNE 4, 1839. 
 (Photostat from the Lincoln National Life Foundation) 
 Although the pleas in this case were signed with the name 
 of Emmerson, they were drawn by Mr. Lincoln. The only 
 words, not in his hand, are "David Stutesman." The cover nota- 
 tions are by Clerk Gorin. Although research to date offers no 
 record of this case, it appears to have been a slander suit brought 
 by Adkin on the ground that Hines had openly and falsely 
 charged that he had stolen goods. An interesting fact in this 
 connection is the appointment of Mr. Lincoln on October 31, 
 1839 to act as attorney for David Adkin. The latter had been 
 indicted at Decatur for larceny, but the jury found him not 
 guilty, on the day Mr. Lincoln was appointed to defend him. 
 Robert Hines ] 
 
 ats J- Macon Circuit Court 
 
 David Adkin J 
 
 And the said defendant comes and defends the wrong and 
 injury when where &c. as to the speaking and publishing of the 
 said several words of and concerning the said plaintiff, as in his 
 said declaration mentioned the said defendant by leave of the 
 court here for this purpose first had and obtained according to 
 
UNCOLLECTED WORKS OF LINCOLN 619 
 
 the form of the statute in such case made and provided, saith 
 that the said plaintiff ought to have or maintain his aforesaid 
 action thereof against him, because he says that the said plain- 
 tiff as in his said declaration mentioned, to wit, on the fifteenth 
 day of March in the year of our Lord one thousand eight hun- 
 dred and thirtyeight, at the county of Macon in the state of 
 Illinois, did feloniously steal, take and carry away certain goods 
 and chattels towit, five pigs and five hogs of one George G. 
 Deeds of great value towit of the value of fifty dollars — Where- 
 fore he the said defendant afterwards towit at the said several 
 times when &c. in the said declaration mentioned at the county 
 of Macon aforesaid, did speak and publish the said words of and 
 concerning the said plaintiff as in the said declaration mentioned 
 as he lawfully might for the cause aforesaid — 
 
 And this he the said defendant is ready to verify, wherefore 
 he prays judgment if the said plaintiff ought to have or main- 
 tain his aforesaid action thereof against him &c. 
 
 And for further plea in this behalf as to the speaking and 
 publishing of the said several words of and concerning the said 
 plaintiff, as in his declaration mentioned, the said defendant, by 
 leave of the court here for this purpose first had and obtained 
 according to the form of the statute in such case made and pro- 
 vided, saith that the said plaintiff ought not to have or maintain 
 his aforesaid action thereof against him because he says that the 
 said plaintiff, before the speaking and publishing of the said 
 words of and concerning the said plaintiff as in his said declara- 
 tion mentioned, towit on the fifteenth day of March in the year 
 of our Lord one thousand eight hundred and thirtyeight at the 
 county of Macon in the state of Illinois did feloniously steal, 
 take and carry away certain goods and chattels, towit five pigs 
 and five hogs of one David Stutesman of great value towit of the 
 value of fifty dollars — Wherefore he the said defendant after- 
 wards towit, at the said several times when &c. in the said 
 declaration mentioned at the county of Macon aforesaid, did 
 speak and publish the said words of and concerning the said 
 plaintiff, as in the said declaration mentioned as he lawfully 
 might for the cause aforesaid — And this he is ready to verify 
 where fore he prays judgment if the said plaintiff ought to have 
 or maintain his aforesaid action thereof against him — 
 
 Emmerson for Deft 
 
620 UNCOLLECTED WORKS OF LINCOLN 
 
 Hines 
 
 i 
 
 ats }• Plea 
 
 J 
 Adkin 
 
 Filed 4th June 1839 
 
 Wm Gorin elk 
 
 DECLARATION BY MR. LINCOLN IN THE SUIT OF 
 
 LOCKWOOD VS. WERNWAG, SANGAMON 
 
 CIRCUIT COURT, JUNE 20, 1839. 
 
 This declaration, the original of which is now in the Illinois 
 State Historical Library, was drawn by Mr. Lincoln. It marks 
 the beginning of one of a trio of suits which in the spring and 
 summer of 1839 beset William H. Wernwag who had encountered 
 financial disaster while carrying out a contract for the construc- 
 tion of a bridge over the Sangamon river north of Springfield. 
 An adjustment of some sort having been reached out of court, 
 the case, on motion of Mr. Lincoln, was dismissed on November 
 30, 1839. 
 
 State of Illinois ] Of the July term of the Sangamon 
 
 Sangamon county J- Ss circuit court in the year of our Lord one 
 and circuit J thousand eight hundred and thirtynine — 
 
 Benjamin H. Lockwood, plaintiff, complains of William H. 
 Wernwag defendant, being in custody &c of a plea in assumpsit: 
 For that whereas heretofore towit on the day of in 
 
 the year of our Lord one thousand eight hundred and thirtynine 
 at the county and circuit aforesaid, the said defendant was in- 
 debted to the said plaintiff in the sum of one hundred and four 
 dollars and thirtyeight cents lawful money of the United States, 
 for the work and labour, care and diligence of the said plaintiff, 
 by him the said plaintiff before that time done, performed and 
 bestowed in and about the business of the said defendant, and 
 for the said defendant, and at his special instance and request; 
 and being so indebted, he the said defendant, in consideration 
 thereof, aforesaid, towit on the day and year aforesaid, at the 
 county and circuit aforesaid, undertook and then and there faith- 
 fully promised the said plaintiff to pay him the aforesaid sum 
 of money when he the said defendant should be thereunto after- 
 wards requested — 
 
 Yet the said defendant (although often requested so to do) 
 hath not as yet paid to the said plaintiff the said sum of money 
 
UNCOLLECTED WORKS OF LINCOLN 621 
 
 or any part thereof ; but so to do hath hitherto wholly neglected 
 and refused and still doth refuse — To the damage of the said 
 plaintiff of the sum of two hundred dollars, and therefore he 
 sues &c. 
 
 Stuart & Lincoln pq. 
 
 (Copy of Acpt) 
 William H. Wernwag 
 
 To Benjamin H. Lockwood Dr 
 
 1939 To labour done on and about the Sangamon bridge $104.38 
 Benjamin H. Lockwood 
 
 1 
 
 vs y Decl. 
 
 William H. Wernwag 
 Filed June 20 1839 
 Wm Butler Clk 
 
 DECLARATION BY MR. LINCOLN IN THE SUIT OF 
 HURT VS. WINTERS, SANGAMON CIRCUIT 
 
 COURT, JUNE 20, 1839. 
 This declaration was drawn by Mr. Lincoln, Reuben Win- 
 ters had refused to pay for a horse he had bought from John M. 
 Hurt, and the latter sought a judgment for $100. Diligent search 
 has failed to disclose the outcome of the action. 
 
 State of Illinois } Of the July term of the Sangamon 
 
 Sangamon county ]■ Sc Circuit court, in the year of our Lord one 
 and Circuit thousand eight hundred and thirtynine — 
 
 John M. Hurt, plaintiff, complains of Reuben Winters de- 
 fendant, being in custody of a plea of assumpsit; For that 
 whereas heretofore towit, on the day of in 
 
 the year of our Lord one thousand, eight hundred and thirty- 
 nine, at the county and circuit aforesaid, the said defendant was 
 indebted to the said plaintiff, in the sum of sixtyone dollars, for 
 a certain horse by the said plaintiff before that time sold and 
 delivered to the said defendant, and at his special instance and 
 request, and being so indebted, he the said defendant, in con- 
 sideration thereof, afterward, towit, on the day and year afore- 
 said, at the county and circuit aforesaid, undertook, and then 
 and there faithfully promised the said plaintiff to pay him the 
 aforesaid sum of money when he the said defendant should be 
 thereunto afterwards requested — 
 
622 UNCOLLECTED WORKS OF LINCOLN 
 
 Yet the said defendant (although often requested so to do) 
 hath not as yet paid to the said plaintiff, the said sum of money, 
 or any part thereof; but so to do hath hitherto wholly neglected 
 and refused and still doth neglect and refuse — To the damage 
 of the said plaintiff of the sum of one hundred dollars, and 
 therefor he sues &c. 
 
 Stuart & Lincoln, p. q. 
 
 (Copy of account) 
 Reuben Winters 
 
 To. John M. Hurt Dr. 
 
 1839 To 1 horse $61.00 
 
 DECLARATION IN THE SUIT OF HURST VS. SMITH 
 ET AL, SANGAMON CIRCUIT COURT, JUNE 22, 1839. 
 
 The declaration and quoted notes in this case were drawn 
 by Mr. Lincoln as was the citation of the case upon the cover 
 notations. The date of filing was penned by Clerk Butler. There 
 is unusual emphasis of the extra spacing used by Mr. Lincoln 
 and it is most marked in this legal paper. It will be noted that 
 he omitted the word "money" in* the sentence which begins, "and 
 the said John Hammer, to whom or to whose order the payment 
 of the said sum." There are too many legal papers in which 
 Mr. Lincoln spelled the word, "defendants", in correct fashion, 
 to admit of his not knowing the correct spelling, but in the sen- 
 tence beginning, "by means whereof, and by force of 'the statute," 
 contains the word, "difendants," as there is a definite dotted "i", 
 in place of Lawyer Lincoln's usual first "e". The plaintiff in the 
 suit, Charles R. Hurst, was a merchant in Springfield, but little 
 or nothing has been unearthed in regard to the defendant. On 
 July 13, 1839, Stuart & Lincoln zvon this case by default, their 
 client Hurs't, being granted a judgment of $204.07. 
 
 State of Illinois ] Of the July term of the Sangamon 
 
 Sangamon county \ Sc Circuit court, in the year of our Lord one 
 ind Circuit thousand eight hundred and thirtynine — 
 
 Charles R. Hurst, plaintiff complains of Samuel Smith and 
 Joseph Taggart, late trading and doing business under the name 
 style and firm of Smith & Taggart, defendants, being in custody 
 &c. of a plea of Trespass on the case upon promises: For that 
 whereas the said defendants, heretofore, towit, on the eighth day 
 of September in the year of our Lord one thousand eight hundred 
 and thirtyeight at Springfield, towit at the county and circuit 
 aforesaid, made their certain promissory note in writing, sign- 
 
UNCOLLECTED WORKS OF LINCOLN 623 
 
 ing thereto their aforesaid firm name of "Smith & Taggart" 
 bearing date the day and year aforesaid, and thereby then and 
 there promised to pay Six months after the date thereof to one 
 John Hammer or order the sum of two hundred dollars for value 
 received, and then and there delivered the said promissory note 
 to the said John Hammer And the said John Hammer, to whom 
 or to whose order the payment of the said sum of in the said 
 promissory note specified was to be made, after the making of 
 the said promissory note, and before the payment of the said 
 sum of money therein specified, to wit on the day and year afore- 
 said at the county and circuit aforesaid, assigned the said promis- 
 sory note by indorsement in writing thereon, by which said as- 
 signment he the said John Hammer then and there ordered and 
 appointed the said sum of money in the said promissory note 
 specified, to be paid to Abner Y. Ellis and Foley Vaughn, then 
 trading and doing business under the name style and firm of 
 Ellis & Vaughn, by their said firm name of Ellis & Vaughn, and 
 then and there delivered the said promissory note, so assigned, 
 to the said Ellis & Vaughn and the said Ellis & Vaughn to whom 
 or to whose order the payment of the said sum of money in the 
 said promissory note specified was by the said assignment di- 
 rected to be made, after the making of the said promissory note, 
 and before the payment of the said sum of money therein speci- 
 fied, towit, on the day and year aforesaid, at the county and 
 circuit aforesaid assigned the said promissory note by indorsement 
 in writing thereon, signing their names thus "Ellis & Vaughn" 
 which said last mentioned assignment they the said Ellis & 
 Vaughn then and there ordered, and appointed the said sum of 
 money in the said promissory note specified to be paid to the 
 said plaintiff and then and there delivered the said promissory 
 note specified to be paid to the said plaintiff — by means whereof, 
 and by force of the statute in such case made and provided, the 
 said difendants became liable to pay to the said plaintiff the said 
 sum of money in the said promissory note specified, according 
 to the tenor and effect of the said promissory note ; and being 
 so liable, they the said defendants, in consideration thereof, after- 
 wards, towit, on the day and year aforesaid, at the county and 
 circuit aforesaid, undertook and then and there faithfully 
 promised the said plaintiff to pay him the said sum of money in 
 the said promissory note specified according to the tenor and 
 effect thereof — And the said plaintiff avers that the said county 
 of Sangamon is the county in which he the said plaintiff resides ; 
 and that the cause of his aforesaid action accrued in the said 
 
624 UNCOLLECTED WORKS OF LINCOLN 
 
 county of Sangamon — and that the said defendants reside in the 
 county of Morgan and state aforesaid — Yet the said defendants 
 (although often requested so to do; and although the said promis- 
 sory note has long since been due) have not as yet paid to the 
 said plaintiff the said sum of money in the said promissory note 
 specified, or any part thereof; but so to do have hitherto wholly 
 neglected and refused, and still do neglect and refuse — To the 
 damage of the said plaintiff of the sum of four hundred dollars, 
 and therefore he sues &c. 
 
 Stuart & Lincoln, p. q. 
 
 (Copy of note) 
 "$200 100 
 
 Springfield September 7 1838 
 Six months after date we promise to pay to John Hammer 
 or order two hundred dollars, for value received — 
 
 Smith & Taggart" 
 
 (1st assignment) 
 "Pay to Ellis & Vaughn 
 
 John Hammer" 
 
 (2nd assignment) 
 "Pay to Charles R. Hurst 
 
 Ellis & Vaughn" 
 
 Charles R. Hurst 
 
 i 
 
 vs )■ Decln 
 
 J 
 Smith & Taggart 
 
 Filed June 22 1839 
 Wm Butler ck 
 
 PRAECIPE AND BOND IN THE SUIT OF LANE & WEBB 
 
 VS. WEBBER, SANGAMON CIRCUIT COURT, 
 
 JUNE 24, 1839. 
 
 (Herndon-Weik Collection) 
 
 This praecipe and bond were drawn by Mr. Lincoln. The 
 
 cover notations also are in his hand with the "exception of the 
 
 date of filing. It will be noted that he omitted the zvord, "be", 
 
 in the phrase "cause to paid," an infrequent error upon his part. 
 
 The case was one of debt as seen from the praecipe, and on July 
 
 20, 1839, it was dismissed on the motion of the plaintinff, made 
 
UNCOLLECTED WORKS OF LINCOLN 
 
 625 
 
 through Stuart & Lincoln. Although Mr. Lincoln rarely made 
 mistakes in the names of the persons connected with a suit, it is 
 possible that John B. Webber was the John B. Weber who made 
 a knife attack on Garret Elkin and D. Outright. For a complete 
 account of that affair see, Angle, Here I Have Lived {Spring- 
 field, Illinois, 1935, Page 67). The day on which this praecipe 
 and bond were written was an eventful one for Mr. Lincoln, 
 Fearful that an angry and disgruntled Douglas would go to 
 Washington and contest Stuart's seat in Congress he and four 
 other Springfield Whigs joined in a letter to the editor of the 
 Chicago American requesting certain information from the poll 
 books of that town. (See Nicolay and Hay 1 :96) that would 
 refute the claims of Douglas, while Samuel H. Treat, having been 
 appointed by Governor Carlin to succeed Stephen T. Logan as 
 circuit judge, in the evening of June 24 Mr. Lincoln was chosen 
 Treat's successor on the town board of Springfield. 
 
 John N. Lane & 
 Willoughby L. Webb 
 trading under the style of 
 John N Lane & Webb 
 
 vs 
 
 John B. Webber 
 
 In Debt. 
 Debt $673.78 
 Damages $200.00 
 
 The Clerk of the Sangamon Circuit Court will issue a sum- 
 mons for the Defendant in the above entitled cause returnable 
 to the next Term of the Sangamon Circuit Court. 
 
 Stuart & Lincoln 
 
 John N Lane and 
 Willoughby L. Webb 
 trading under the style of 
 John N Lane & Webb 
 
 vs. 
 John B. Webber 
 
 In Debt 
 of the July 
 Term of the 
 Sangamon 
 Circuit Court 
 1839 
 
 I do hereby enter myself security for Costs in this Cause 
 and acknowledge myself bound to pay or cause to be paid all Costs 
 which accrue in this action either to the opposite party or to any 
 of the officers of this Court in pursuance of the Laws of this 
 State. Dated this 24th Day of June 1839. 
 
 A. Lincoln — 
 
626 UNCOLLECTED WORKS OF LINCOLN 
 
 John N. Lane & Webb 
 
 1 
 vs J- Precipe 
 
 J 
 John B. Webber 
 
 Filed June 24 1839 
 William Butler ck 
 
 SUIT OF JOHN A. McCLERNAND VS. ROBERT IRWIN 
 
 & COMPANY, SANGAMON CIRCUIT COURT, 
 
 JULY 8 AND 16, 1839. 
 
 The papers here reproduced have to do with a contest for 
 office that in the first half of 1839 greatly excited the people of 
 Illinois and at the same time added to Abraham Lincoln's grow- 
 ing repitite as a lawyer of promise and capacity. This contest 
 became a matter of absorbing interest to the Whigs and Demo- 
 crats of Springfield, when early in July the Supreme Court of 
 Illinois met for the first time in that town, and took under con- 
 sideration the case of Alexander P. Field vs. The People, ap- 
 pealed from the FayeUe Circuit Court. A native of Kentucky 
 and a nephew of Nathaniel Pope, for a generation judge of the 
 United States District Court, Field, also a lawyer, had settled 
 in Illinois about the time of its admission into the Union, locating 
 in Union County where he quickly won prominence in politics 
 and at the bar. 
 
 Field served three terms in the General Assembly and early 
 in 1829 was by Governor Edwards appointed secretary of state, 
 which post he continued to hold under Governors Reynolds and 
 Duncan. But when the Whig Party came into being, Field, 
 originally a Democrat, assumed leadership in the new organiza- 
 tion, and on the election of Thomas Carlin, a Democrat, as 
 governor, in August, 1838, he was by the new executive replaced 
 as secretary of state by John A. McClernand. Contending that 
 the Illinois Senate had not confirmed McClernand 's appointment, 
 he refused to give up the office, and in April, 1839, the Fayette 
 Circuit Court ousted him, the case, by agreement, being appealed 
 to the Supreme Court. 
 
 While the case was pending in the latter body, the state of- 
 fices on July 4, 1839, were removed from Vandalia to Springfield, 
 where Field stored his books and papers as secretary with Robert 
 Irwin & Company, whereupon McClernand undertook to replevin 
 them, and on July 5 was granted authority to do so by the Sanga- 
 
UNCOLLECTED WORKS OF LINCOLN 627 
 
 mon Circuit Court. At this point, Mr. Lincoln, prompt to aid a 
 friend and fellow Whig, became one of the attorneys for the 
 defendants in the suit of McClernand vs. Irwin & Company and 
 helped to draft the petition reproduced below, which, along with 
 a motion to quash the writ of replevin, was on July 8 presented 
 to the Sangamon Circuit Court. The motion was opposed by 
 Stephen A. Douglas as attorney for McClernand, but on July 16 
 Judge Samuel H. Treat, as recorded in the tzvo documents also 
 given below, quashed the writ of replevin, and ordered McClern- 
 and to pay the costs. Six days later the Supreme Court denied 
 McClernand's contention and upheld Field's right to the office 
 of secretary of state. 
 
 In the end, however, neither of the contestants profited by 
 these developments for in November, 1840, the Illinois Senate 
 confirmed Governor Carlin's appointment not of McClernand 
 but of Stephen A. Douglas in place of Field. As sequel to an 
 unusual suit it may be recorded that the then youthful Douglas 
 held the post only until February, 1841, when he resigned to take 
 a place on the Illinois Supreme Court on his way, as events 
 proved, first to the House and then to the Senate in Washington. 
 Nor was Field long out of office, for also early in 1841, Presi- 
 dent Harrison appointed him secretary of Wisconsin Territory. 
 Later he removed to St. Louis and then to New Orleans where 
 he practised law for the remainder of his days. In December, 
 1862, he appeared in Washington as a member- elect of the House 
 from Louisiana, but despite his claim that he had been a stout 
 Union man, put forth in an eloquent and persuasive speech, he 
 was refused his seat. He died fifteen years later in New Orleans. 
 
 The friendship between Mr. Lincoln and Field continued 
 until the former's death, and in 1859 was marked by an incident 
 that reflected in an appealing way the future President's attitude 
 toward slavery during his latter Springfield days. "A man named 
 Hinckel," as William H. Herndon more than once recalled the 
 affair, "had brought here from Kentucky an old woman named 
 Polly Mack. In 1859 her son, a free negro, going down on a 
 steamer to New Orleans had been fined, and imprisoned, and 
 finally advertised, for sale. Polly came to Mr. Lincoln with her 
 trouble, and Lincoln wrote to Alexander P. Field, then in prac- 
 tice at New Orleans, begging him to get the poor fellow off, and 
 promising money for costs and services. There were, of course, 
 a good many difficulties, and one day Mr. Lincoln sent me to 
 Governor Bissell to ask his interposition. The Governor an- 
 swered that he did not think he had any authority in the case. 
 
628 UNCOLLECTED WORKS OF LINCOLN 
 
 'By God!' said Mr. Lincoln, starting up, 'before I have done, I 
 will make the road so hot that he shall find authority." Mr. 
 Lincoln did not succeed in convincing the Governor that he had 
 authority to act in the matter. Instead he headed an adequate 
 subscription fund which in due course was sent to Field in New 
 Orleans, and restored young Mack to his mother. 
 
 It is also to be noted that during the weeks in which Field's 
 fight for place reached a climax, to be exact, on July 6. 1839, 
 John A. Sutter, who had come from his native Switzerland to 
 engage briefly in the Santa Fe trade, travelling by way of Ore- 
 gon, Honolulu and Alaska landed at Yerba \Buena, 3oon to be- 
 come San Francisco, and began the career which was to end in 
 the discovery of gold by one of his workmen and the great migra- 
 tion which hastened by a generation the settlement of the Farther 
 West. 
 To the Honorable the Judge of the Sangamon Circuit Court — 
 
 Humbly complaining sheweth unto your Honor, your orator 
 Alexander F. Field, that on the twentythird day of January in 
 the year of our Lord one thousand eight hundred and twenty- 
 nine the then Governor of the State of Illinois, by and with the 
 advice and consent of the Senate of the State of Illinois duly- 
 appointed your orator Secretary of State of the State of Illinois ; 
 that he has, ever since until the fifth day of April in the present 
 year of our Lord one thousand eight hundred and thirtynine, 
 and subsequently held, exercised and performed the said office 
 of Secretary of State, and the duties thereof ; that on the said 
 fifth day of April A.D. 1839 the then Governor of the said State, 
 without the advice and consent of the Senate of the said State, 
 appointed John A. McClernand to be Secretary of State of the 
 said State of Illinois; that on the eighteenth day of April in the 
 year last aforesaid, the People of the State of Illinois, at the 
 relation of the said John A. McClernand, filed in the Circuit 
 court of Fayette county in said state, an information in the nature 
 of a Quo Warranto against the said Field, your orator, for il- 
 legally and without warrant, grant or right, holding and exercis- 
 ing the said office of Secretary of State of the said State of Il- 
 linois ; that afterwards, at the April term of the said circuit court 
 of Fayette county, being the same term at which the said in- 
 formation was filed, your orator filed in said court his plea to 
 the said information, to which plea the said People of the State 
 of Illinois then and there filed their Replication, to which Repli- 
 cation your orator then and there demurred, which demurrer the 
 said People then and there joined that the questions raised by 
 
UNCOLLECTED WORKS OF LINCOLN 629 
 
 the pleadings in the case, is, whether the Governor possesses the 
 constitutional power of removing your orator from said office 
 of Secretary of State; that afterwards, towit, at the same term of 
 the said circuit court of Fayette county said demurrer was over- 
 ruled by the said court and judgment entered up that your orator 
 be ousted from the said office of Secretary of State, that by the 
 agreement of the parties an appeal from said judgment has been 
 taken to the Supreme Court of the said State of Illinois which 
 appeal is still pending and undecided in that court, that on the 
 day of July in the present year 1839, the said John A. Mc- 
 Clernand commenced an action of Replevin in the Sangamon 
 circuit court, and procured to be issued from the office of the 
 clerk of the circuit court of Sangamon county a writ of Replevin 
 to take from the possession of Robert Irwin and John Irwin, 
 with whom your orator had deposited them for temporary safe 
 keeping, on his arrival with them at Springfield from Vandalia 
 in pursuance of law — the books, papers, seal, and boxes contain- 
 ing them, belonging to the said office of Secretary of State; that 
 said writ has been placed in the hands of the Sheriff of Sanga- 
 mon county to be issued: that the said John A. McClernand is 
 attempting to intrude himself into the said office of Secretary 
 of State without any lawful right so to do; that he has taken 
 and continued to take from the Post office at Springfield such 
 letters, papers and documents addressed to the Secretary of the 
 State of Illinois or to your orator as Secretary of State and 
 threatens and gives out as your orator is informed, that he will 
 get possession of the Books, papers and documents belonging to 
 the said office of the Secretary of State and procure and exercise 
 the duties of the said office under color of his said pretended 
 appointment and in defiance of the rights of your orator as 
 secretary of state. 
 
 
 
 July 8, 1839 
 
 John A. McClernand, Sec. of State ] 
 
 vs. J. Replevin 
 
 Robert Irwin & Co. J 
 
 This day came the defendants by their attorney and filed 
 their grounds, and moved the court to quash the writ of Replevin 
 issued in this cause. (The writ was issued on July 5, 1839). 
 The motion was taken up later in the day by their attornies 
 (Douglas for McClernand and Lincoln for Irwin & Co.) The 
 Court takes time to consider until the next morning. 
 
630 UNCOLLECTED WORKS OF LINCOLN 
 
 
 
 July 16, 1839 
 
 This day came the parties by their attorneys and the court 
 being now sufficiently advised (Judge S. H. Treat) and having 
 materially considered the motion entered on a former day of 
 this term to quash the writ of replevin issued herein, orders that 
 the said writ be quashed and that the defendants recover of the 
 pltf. their costs expended. 
 
 (January 2, 1840 McClernand paid $5.00 of the total costs 
 of $7.50). 
 
 PLEA IN THE SUIT OR PARKER VS. BRAUCHER, 
 SANGAMON CIRCUIT COURT, JULY 16, 1839. 
 
 ( Herndon-Weik Collection ) 
 This case was submitted to the court on July 16, 1839, and a 
 judgment of $242.68 was rendered in favor of Braucher, the 
 client of Stuart & Lincoln. An appeal was granted on condition 
 that a bond of security be made with Alex Lindsay within thirty 
 days. The plea is in the hand of the firm of Douglas & Urqu- 
 hart, probably by Douglas. It is the usual scrawl common to 
 most of that firm's legal papers, but both partners were capable 
 attorneys in the court room. Stuart wrote, "and the plaintiff doth 
 the like/' but Mr. Lincoln signed "Stuart & Lincoln," for the 
 signature is clearly hi his hand. The cover natations below ap- 
 pear to have been penned by Douglas. It ivas during the early 
 July days of 1839 that Jacob Bunn, of Hunterdon County, New 
 Jersey, who was to become the trusted and helpful friend of Mr. 
 Lincoln, made his first visit to Springfield. A year later, at the 
 age of twenty-six, he engaged in business in the town as junior 
 member of a firm of wholesale and retail grocers. In the spring 
 of 1843 he set up in business for himself, afterward becoming for 
 thirty-five years Springfield's principal private banker. 
 Braucher 
 
 l 
 
 at the suit of \ In Trespass on the case 
 
 J 
 
 C Parker 
 
 The defendant by his attorney comes and defends the & 
 injury when &c and for plea saith that he did not assume in 
 manner and form as the plaintiff hath alleged in his declaration 
 and of this he puts himself on the country. July Term 1839. 
 
 Douglas & Urquhart 
 attorneys for plaintiff 
 
UNCOLLECTED WORKS OF LINCOLN 631 
 
 and the plaintiff doth the like 
 
 Stuart & Lincoln 
 Samuel Parker 
 
 vs 
 Isaac R Braucher 
 Filed July 16th, 1839. 
 
 PREAMBLE AND RESOLUTIONS PROBABLY 
 
 DRAFTED IN PART BY MR. LINCOLN AND ADOPTED 
 
 BY THE FIRST WHIG STATE CONVENTION OF 
 
 ILLINOIS HELD IN SPRINGFIELD, OCTOBER 
 
 7 AND 8, 1839. 
 
 Mr. Lincoln was not a delegate to the first Whig State Con- 
 vention of Illlinois which brought a goodly assembly to Spring- 
 field on October 7 and 8, 1839, the Whig leaders having some- 
 what reluctantly adopted the custom set afoot by the Democrats 
 of functioning through county and state conventions; but he was 
 one of its leaders, was named one of the five presidential electors, 
 and appointed one of the five members of a state central com- 
 mittee, along with his friends Speed, Baker and Doctor Henry. 
 Moreover, there is every reason to believe that he had an im- 
 portant part in shaping the preamble and resolutions which his 
 partner Stuart submitted to the convention in tKe afternoon of 
 its second day, and which were promptly and unanimously 
 adopted by that body. 
 
 WHEREAS, the assembling of delegates in the first State 
 Convention of the Whig party of Illinois, presents a fit and in- 
 teresting occasion for an interchange and expression of views 
 on the political condition and prospects of our country: — and 
 whereas the period is again rapidly approaching when the people 
 of these United States will be called on to render their verdict 
 on the measures and character of the administration party. And 
 whereas this Convention in common with all opposed to the ad- 
 ministration of Martin Van Buren, believe, in the emphatic 
 language of Henry Clay, that there is a radical mal-administra- 
 tion of the Government: that the great interests of our country 
 are trodden down : that new and dangerous principles and prac- 
 tices have been introduced and continued: that a fearful con- 
 junction of the purse and the sword in the same hands already 
 alarmingly strong is perseveringly attempted: that the Consti- 
 tution has been grossly violated: and that by the vast accumu- 
 lation of executive power, our system is rapidly tending to an 
 
632 UNCOLLECTED WORKS OF LINCOLN 
 
 Elective Monarchy, that the principles of democracy are so 
 mutilated and disfigured by the administration party of the pres- 
 ent day, that the democrats of '76 cannot recognize it in its 
 modern disguise: that for promises of retrenchment and reform 
 — of purity and integrity in the administration of the general 
 government, the Van Buren party have exhibited the most un- 
 bounded extravagance, daring corruption and contempt of the 
 wishes and interests of the people: and whereas we believe 
 that to effect a change of measures; we must effect a change of 
 rulers : 
 
 Therefore, Resolved, That we have full and entire con- 
 fidence in the talents, patriotism and political integrity of the 
 two distinguished statesmen spoken of as candidates for the 
 presidency, the Hon. HENRY CLAY, of Kentucky, and Gen. 
 WM. HENRY HARRISON, of Ohio— both favorite "Harries 
 of the West," and that in opposition to Martin Van Buren. 
 
 Resolved, That Martin Van Buren came into office on the 
 strength of his predecessor, and not on the strength of his own 
 popularity — though long in public life he has identified himself 
 with no deed of good or glory to his country — an artful politi- 
 cian, but not a profound statesman — an ambitious and selfish 
 experimenter on the resources, credit and prosperty of the people, 
 he deserves not their support, and especially of the West, whose 
 interests he has repeatedly and uniformly opposed. 
 
 3d Resolved, That the scheme of a Sub-treasury, still con- 
 tinued to be forced by the President upon the people in defiance 
 of their will repeatedly expressed, is a daring and dangerous 
 attempt to concentrate all power in the Executive — to unite in 
 his hands the purse and the sword — to create two species of 
 currency, gold and silver for pampered office-holders, and rags 
 for the people, the laborers and producers of the country; and 
 that it will fasten a swarm of Sub-treasurers as leeches on the 
 public monies, whose security to the government after they are 
 glutted will be like that of Price and Swartwout — leg-bail 
 in a foreign land. 
 
 4th, Resolved, That in the opinion of the Convention, the 
 State Bank system, the former favorite measure of the adminis- 
 tration party, has signally failed to accomplish the object in- 
 tended, and that although the charter of the State Bank of 
 Illinois was recommended by the acting Van Buren Governor, 
 and passed by a legislature whose members almost entirely be- 
 longed to the administration party, the Whigs, after its creation, 
 actuated by their great principle to preserve rather than to de- 
 
UNCOLLECTED WORKS OF LINCOLN 633 
 
 stroy the established institutions of the country, supported the 
 Bank in common with the administration party, as an experiment 
 of the State to provide against the want of a National Bank; 
 they distinctly repel the attempt now made by the Van Buren 
 party to cast, for political purposes, the origin of this State In- 
 stitution on the Whig party, and here distinctly disclaim its 
 paternity. 
 
 5th, Resolved, That while this Convention distinctly repels 
 the charge made by the Van Buren press that the Whigs of this 
 State are in favor of life offices, and believes that it is constitu- 
 tional and expedient for the legislature to define the tenure of 
 the office of Secretary of State, it also must express its con- 
 viction that in the many recent appointments to the offices of 
 Secretary of State and Treasurer of the Illinois and Michigan 
 Canal, the present Governor has exhibited a want of wisdom 
 and vacillation of purpose unworthy the character of Chief 
 Magistrate. 
 
 6th Resolved, That Samuel Marshall, Edwin D. Baker, 
 Abraham Lincoln, Cyrus Walker and Buckner S. Morris, be 
 recommended by this Convention as candidates for Electors to 
 be supported by the Whig party of this State at the next Presi- 
 dential election; that they be pledged to support the nominees 
 of the Whig National Convention, and are requested and ex- 
 pected to address in person the people in different portions of 
 the State on the subjects to be involved in that great contest. 
 
 7th Resolved, That it is the deliberate opinion of this Con- 
 vention, that a majority of the People of the United States are 
 opposed to the corrupt and destructive measures of the present 
 national administration, and that a complete combination of the 
 strength and votes of the Whig party, is alone wanting to wrest 
 the sceptre of unhallowed power from the unprincipled dynasty 
 that wields it, and to restore to our beloved country the halcyon 
 reign of individual and national prosperity. 
 
 8th, Resolved, That to effect this desirable organization, the 
 Whig party in this State and throughout the Union, must merge 
 all personal predilections, all local questions and all minor dif- 
 ferences of opinion, in consideration of the general weal; that 
 they must look at men through principles, rather than at prin- 
 ciples through men, and under the broad banner of organization 
 and union go out to battle, firm in the righteousness of their 
 cause, and ardent in their hope of victory. 
 
634 UNCOLLECTED WORKS OF LINCOLN 
 
 ENTRY IN STUART & LINCOLN FEE BOOK, 
 OCTOBER 10, 1839. 
 
 This entry in the Stuart & Lincoln Fee Book was made by 
 Lincoln. It apparently had to do with a check Stuart was sup- 
 posed to have drawn in favor of Robert A. Kinzie, and about 
 which on December 23, the maker of the check being then in 
 Washington, his partner made inquiry, at the same time asking 
 about some lost deeds ''belonging to old Mr. Wright." It is 
 manifest that at times, lohn T. Stuart had the carelessness of a 
 large nature. 
 
 Oct 10 1839 By check on Chicago Bank $80.00 
 
 SUIT OF HOOPER ET AL VS. HAINES, UNITED 
 STATES CIRCUIT COURT, OCTOBER 19, 1839. 
 
 On October 19, 1839, Mr. Lincoln asked the clerk of the 
 United States Circuit Court to issue a summons on a plea of 
 trespass in the suit of Hooper, Marlin and Smith against Ben- 
 jamin Haines, surviving partner of B. Haines & Son. This was 
 his first case in the Federal Courts, although he was not admitted 
 to practice before them until December 3, 1839. On November 9 
 he filed a declaration against Haines, alleging his failure to pay 
 a promissory note for $567.28 and a debt of $12.64. The defen- 
 dant defaulted, and on December 5, Mr. Lincoln's clients were 
 awarded $626.82 damages. 
 
 It is to be regretted that there survive few documents con- 
 cerned with Mr. Lincoln's activities in the federal courts, but 
 his practice before them early became an important and steadily 
 growing one, and a survey of it demands a place in any adequate 
 account of his career as a lawyer. Such a survey will be found 
 in a comprehensive and carefully considered article entitled "Lin- 
 coln's Earlier Practice in the Federal Courts (1839-1854)" con- 
 tributed by Benjamin P. Thomas to the June, 1835 Bulletin of 
 the Abraham Lincoln Association. Soon after Illinois' admis- 
 sion to the Union, Congress made the state a federal judicial 
 district, and the court thus created held two yearly sessions at 
 Vandalia as long as that town remained the capital of the state. 
 When the state offices were removed to Springfield in 1839 the 
 federal courts followed them, and in the new capital for fifteen 
 years Mr. Lincoln tried his federal cases. Finally in February, 
 1855, moved thereto by the rapid growth of Northern Illinois, 
 the state was divided into two federal districts, the Northern 
 District holding its sessions in Chicago and the Southern Dis- 
 
UNCOLLECTED WORKS OF LINCOLN 635 
 
 trict in Springfield; and during his five remaining years at the 
 bar, Mr. Lincoln had a part in many important cases before both 
 courts. 
 
 Transcripts of the records of the federal courts prior to 1855 
 reveal twenty-nine cases in which Mr. Lincoln was retained as 
 sole or associate counsel, representing the defendants in eleven 
 and the plaintiffs in eighteen cases. He won nineteen cases — 
 ten by default or dismissal, lost six and settled three out of 
 court. There is no record of the result in the tweMy-ninth case. 
 Most of these actions had to do zvith the collection of debts and 
 were of a routine nature, but nozv and again Mr. Lincoln was 
 counsel in cases of unusual interest and importance, some of 
 them dealing with congested patents and others with the general 
 welfare, such as the famous Effie Afton case, and these zvill be 
 dealt with in later volumes. 
 
 The judge of the district court of Illinois from March, 1819 
 until his death in 1850, when he was succeeded by Thomas Drum- 
 mond, was Nathaniel Pope, a diamond in the rough, zvhose part 
 in Mr. Lincoln's legal career was a major one. The Springfield 
 lawyer was from first to last a prime favorite with Judge Pope. 
 The traits of the two men and the relations between them were 
 described in a revealing and authoritative way by Judge Anson 
 S. Miller of Rockford, whose recollections given to Moses Coit 
 Tyler were published on March 28, 1868, in the New York In- 
 dependent. u Judge Pope, father of General John Pope" Judge 
 Miller recalled, "was a moit remarkable man, one of the pa- 
 triarchs of Illinois; and it used to seem to me that Lincoln was 
 an idol with him. The Judge was a strong, original character. 
 He had a head like a half -bushel, zvith brain enough for six men. 
 He was learned, but rough and gruff. He had a wonderful 
 knozvledge of human nature, and was utterly without fear. Gen. 
 Pope has many of his father's qualities; and these qualities have 
 made him the bold energetic soldier and the indomitable adminis- 
 trator. They say that the General has a sort of genius for swear- 
 ing. Well, he comes by it honestly. His father had the gift of 
 speaking decidedly plain English, even in court . . . I have said 
 that Judge Pope loved Lincoln. His affection for Lincoln was 
 very marked. He zvould snub Logan. He didn't like Col. Baker. 
 He was zvhat Dr. Johnson calls a good hater. In fact, he was 
 strong in everything — his likes and his dislikes. Lincoln was 
 one of his likes. He Hold me that he thought Lincoln was a very 
 able and promising man. The Judge zvas rough toward every- 
 
636 UNCOLLECTED WORKS OF LINCOLN 
 
 one; but his roughness toward Lincoln had a touch of tenderness 
 in it. He would sometimes rebuke him, biM in a sort of fatherly 
 way. I remember that once Judge Pope called a case in which 
 Lincoln was engaged; called again, no answer. Where's Lin- 
 coln?' roared the Judge in his severe fashion; f why don't he 
 attend to his business ?' Soon Lincoln came shambling into court. 
 r O, Mr. Lincoln you've come at last, have you? Well, I've been 
 calling for you a long time.' Many persons wondered at the 
 favor shown to John Pope by Mr. Lincoln during the war. I 
 understand it. Mr. Lincoln remembered John Pope's father with 
 gratitude and reverence; he knew John Pope too. He knew that 
 he was made of good stuff, as indeed he is. We had no better 
 soldier than Pope. It was treachery in the rear, not the enemy 
 in the front, that defeated him. Lincoln understood the sort of 
 roar in John Pope's proclamations which many people thought 
 gasconade. That roar he got from his gruff old father; it was 
 the roar of the lion, and Lincoln had heard it a thousand times. 
 It was the most natural thing in the world for Lincoln to stand 
 up for Judge Pope's son." 
 
 NOTE ON REMITTANCE TO THOMAS BOHANNAN, 
 
 OCTOBER 23, 1839. 
 
 (Herndon-Weik Collection) 
 
 The note here reproduced was signed by Joshua Speed, but 
 it came from the pen of Lincoln. There is no evidence that it 
 was payment in any case, but it may have been a collection upon 
 notes of Allen & Stone and Josiah Francis. In August, 1839, 
 as already noted, the attorneys for Bohannan & Company had 
 written that he had received nothing on these notes, and intended 
 to start suit if payment was not forthcoming. 
 
 I hereby certify that I on this day deposited in the Post 
 Office at this place a letter of Stuart & Lincoln directed to 
 Messrs. Thos. Bohannan & Co. of Louisville Ky — enclosing 
 $126.— 
 
 Joshua F. Speed. 
 
 Springfield, Ills. Oct. 23, 1839— 
 
 PLEA IN THE SUIT OF NESBITT & NESBITT VS. 
 
 SCHULTZ, MACON CIRCUIT COURT, OCTOBER 28, 1839. 
 
 (Photostat from the Lincoln National Life Foundation) 
 
 The wording of this plea might permit the belief that it was 
 
 a case of trespass upon the case upon promises, but research to 
 
UNCOLLECTED WORKS OF LINCOLN 637 
 
 date does not justify such conclusion. The part played by Mr. 
 Lincoln in the case is not clear, although he drew up the plea, 
 zvith the exception of the signature, "Burdick p d." He may 
 have been associated with Charles Emmerson. 
 
 Schultz 1 
 
 ats [ 
 
 Nesbitt & Nesbitt J 
 
 And the defendant comes and defends the wrong & injury 
 when where, &c. and says plaintiffs actio non because he says he 
 did not undertake and promise in manner and form as the said 
 plaintiffs have declared against him ; and of this he puts himself 
 upon the country &c. 
 
 Burdick p d 
 
 And the plaintiffs do the like 
 
 Emmerson p. q. 
 
 Schults ] 
 
 ats [ Plea 
 
 Nesbitt & f 
 
 Nesbitt J 
 
 Filed October 2t8h 
 1839. 
 
 H McGorin 
 
 By McLelen DC. 
 
 A NOTABLE ENTRY IN THE FEE BOOK OF STUART 
 & LINCOLN, NOVEMBER 2, 1839. 
 On November 2, 1839, John T. Stuart left Springfield for 
 Washington to take his seat in Congress, and Mr. Lincoln noted 
 his partner's departure with this jocose entry in the fee-book of 
 the firm. It would be difficult to exactly determine what he was 
 earning in 1839 but, with his salary as a member of the Legis- 
 lature, his income enabled him to pay his expenses and reduce 
 the debts that had trailed him from New Salem, and that mo 
 doubt was "his only ambition in money matters" in his third 
 year at the bar. P 
 
 Commencement of Lincoln's administration 
 1839 Nov 2 
 
 Henry Kendoll ] 
 
 vs \ Note 
 
 Hardin & Reagon J $180.50 
 
 
638 UNCOLLECTED WORKS OF LINCOLN 
 
 DECLARATION IN THE SUIT OF O'NEAL VS. GATTEN, 
 SANGAMON CIRCUIT COURT, NOVEMBER 4, 1839. 
 ( Herndon-Weik Collection) 
 This declaration and the words, "Saml. 0,Neal vs. Josephus 
 Gatten Decln", are in the handwriting of Mr. Lincoln. The 
 cover notations other than those cited, are by Clerk Butler. Mr. 
 Lincoln hurried "towif into "twit", and a characteristic use of a 
 comma in words like "Ofleal" is to be noted. He did the same 
 thing in his spelling of "o'clock" as "o,clock." A comparison of 
 the declaration with that for Hawthorn in the case of Hawthorn 
 vs. Wooldridge will show that Lawyer Lincoln followed rather 
 closely a formal legal wording. O'Neal suffered not only physi- 
 cal damage, but was handled roughly by the court for the case 
 was dismissed at the defendant's cost on November 22, 1839. The 
 plaintiff sustained a good beating, and that was about all he got 
 out of the case. 
 
 State of Illinois 1 Of the November term of the 
 
 Sangamon county \ ss circuit court of said county 
 
 and Circuit J A. D. 1839— 
 
 Samuel 0,Neal plaintiff complains of Josephus Gatten, de- 
 fendant, being in custody &c. of a plea of Trespass — For that 
 whereas the said defendant heretofore towit, on the day of 
 
 September in the year of our Lord one thousand eight hundred 
 and thirtynine, at the county and circuit aforesaid, with force & 
 arms assaulted the said plaintiff, and then and there, with great 
 force and violence, with divers sticks, clubs, hoes, hoe-handles, 
 malls wedges, logs of wood and with his fists gave and struck 
 the said plaintiff a great many violent blows and strokes, on and 
 about his head, face, breast, back, shoulders, arms, legs and 
 divers other parts of his body — By means of which said several 
 premises, he the said plaintiff was then and there greatly hurt, 
 bruised and wounded, and became and was sick, sore, lame and 
 disordered, and so remained and continued for a long space of 
 time to wit for the space of four weeks then next following dur- 
 ing all of which time he the said plaintiff thereby suffered and 
 underwent great pain, and was hindered and prevented from per- 
 forming and transacting his necessary affairs and business by 
 him during that time to be performed and transacted, and also 
 thereby he the said plaintiff was forced and obliged to, and did 
 necessarily pay, lay out, and expend a large sum of money twit 
 the sum of $100 — in and about endeavouring to be cured of the 
 
UNCOLLECTED WORKS OF LINCOLN 639 
 
 bruises, wounds, sickness, soreness, lameness, and disorder afore- 
 said, occasioned as aforesaid to wit at the county & circuit afore- 
 said : And other wrongs to the said plaintiff then and there did, 
 against the peace &c. and to the damage of the said plaintiff of 
 five hundred dollars, and therefore he brings his suit &c. 
 
 Stuart & Lincoln p-q- 
 Saml. 0,Neal 
 
 1 
 vs )■ Decln 
 
 J 
 
 Josephus Gatten 
 
 Filed Nov 4th 1839 
 Wm Butler ck 
 Nov 13th 1839— Reed 
 on this cause $5.00 
 to be applied to the 
 costs in this cause 
 
 Wm Butler clerk 
 
 COURT ORDER IN THE SUIT OF REED & RICKARD 
 VS. EARLY ET AL, SANGAMON CIRCUIT 
 COURT, NOVEMBER, 1839. 
 (Herndon-Weik Collection) 
 Attorney Lincoln penned this court order, and the word, 
 "order," on the cover. The order is undated, but as it refers 
 to the fact that the petitioners appeared with their petition upon 
 the same day, it may be assumed that it was decreed at the No- 
 vember, 1839 term of the court. Mr. Lincoln scanned this paper 
 carefully, for he makes interlineations, and changes the word 
 "named" to "described" as having a better meaning in the docu- 
 ment. The precise accuracy of his survey reports for his legal 
 documents reveals "the care he took in surveying tracts when he 
 was a deputy surveyor. Peter Richard of the case was the father 
 of Sarah Rickard, with whom Mr. Lincoln or his friend Joshua 
 Speed had a romance about 1841. Two Lincoln letters of June 
 19, 1841 and February 3, 1842, contain mention of Sarah, but the 
 last name is omitted. Miss Rickard zvas a sister-in-law of William 
 Butler, intimate friend of Lincoln. The petition of November, 
 1838 reveals the cause of the case. The petition and court order 
 reveal the outcome. It was one of many actions against Early's 
 heirs which were brought after Early's death at the hands of 
 Henrv B. Truett. 
 
640 UNCOLLECTED WORKS OF LINCOLN 
 
 James F Reed & 
 Peter Rickard 
 executors of Jacob 
 
 M Early deceased Complainants On Petition to 
 
 against sell real estate- 
 
 Catherine Early 
 George N. Early & 
 Jacob M Early Defendants 
 
 This day came the Petitioners, and filed their Petition in 
 open court, and it appearing to the court that notice of this ap- 
 plication had been given according to law, and James C. Conkling, 
 having been appointed guardian ad litem to the said George N. 
 Early and Jacob M. Early, files his answer and says he knows 
 no reason consistent with the interest of his said wards why the 
 prayer of said Petition should not be granted ; and it also appear- 
 ing to the satisfaction of the court that the allegations of said 
 Petition are true — It is therefore ordered by the court, that the 
 said Petitioners sell the real estate described in the Petition, 
 to wit, The West half of the South East quarter of Section Six, 
 eighty acres; the South West quarter of Section Six, one hun- T 
 dred and thirty acres ; the North West quarter of the North 
 West quarter of Section Seven, thirtytwo acres; the North East 
 fractional part of the North East quarter of Section Seventeen, 
 eighteen acres and forty hundredths of an acre, all in Township 
 Nineteen North of Range Eight West of the Third Principal 
 Meridian situated in the county of Menard and [st]ate of Illi- 
 nois; — And also one undivided half of the East half of the 
 South West quarter of Section Twentytwo, in Township Sixteen 
 North of Range Four West of the Third Principal Meridian 
 situated in the county of Sangamon ; that they sell said land at 
 public vendue on a credit of six and twelve months, and that 
 they take bond and security, & a mortage on the premises to 
 secure the purchase money; and that they report their proceed- 
 ings herein to this court. 
 
 Order — 
 
 A LETTER SIGNED "A LOOKER-ON", BUT PROBABLY 
 
 WRITTEN BY MR. LINCOLN, SANGAMO 
 
 JOURNAL, NOVEMBER 8, 1839. 
 
 The letter here reproduced appeared in the Sangamo Jour- 
 nal on November 8, 1839. It was titled The State Bank, dated 
 Clinton County, III., Oct. 28, 1839 and signed A Looker-On. 
 
UNCOLLECTED WORKS OF LINCOLN 641 
 
 In his issue of November 16, 1839, the editor of the Illinois State 
 J~oitrrruT~charged that the article had been written "by the Longest 
 of the long-nine" — his customary nickname for Lincoln — and 
 there is little doubt that the latter was its author. It was the 
 work of a stout Whig who could see no good in the course of 
 his opponents, and one may doubt if Mr. Lincoln ever fairly 
 measured the good-sense and firmness of lackson's successor in 
 seeking to remedy the conditions that had led to the panic of 
 1837 until in 1861 he himself headed an administration compelled 
 to find ways to meet the mounting costs of a mighty struggle be- 
 tween the sections. Yet in 1839 he had already learned how to 
 fight political enemies with their own weapons. 
 
 The administration party are again exulting. The cry is 
 now the Banks are broken. Suspension has again overwhelmed 
 the dynasty of Banks. 
 
 And, as is usual, no matter what happens, the Whigs are 
 again blamed for this matter! 
 
 It is very advantageous for the Locos to have some one to 
 blame for everything. If the States are to have local banks, to 
 supply a vacuum occasioned by the withdrawing of the paper 
 of the United States Bank, the Locos create State Banks; and 
 while they do well, the administration obtain the credit of sup- 
 plying a better currency; but when the crash comes as predicted 
 by the Whigs, then the Loco Focos must free themselves from 
 the odium, and throw it upon the Whigs. 
 
 But the people are not so gullible as these would-be dictators 
 would seem to suppose. — An intelligent people will not be always 
 misled. They are beginning to see the game playing on their 
 confidence and will assuredly hurl back on those, their deceivers, 
 their just indignation. 
 
 I am led to these reflections by an attentive perusal of sev- 
 eral of the late numbers of the "Illinois State Register." This 
 reckless print has been for some time pursuing a course which 
 its editors suppose will aid what they are pleased to call demo- 
 cracy ; and I doubt not it will subserve the true democracy ; but 
 they have certainly been overshooting the mark, for the confiding 
 people of Southern Illinois are too intelligent to be led into the 
 absurd-ties which it presents to them. 
 
 The State Bank of Illinois, and its creation, are charged by 
 this paper on the Whigs ! I know no other apology for the ignor- 
 ance of this assertion, than that the worthy editor was not then 
 
642 UNCOLLECTED WORKS OF LINCOLN 
 
 a citizen of the State, — for surely if he was he would have known 
 better. 
 
 I was in the State long before the State Bank was erected. 
 I was at Vandalia when it was established, and I know those who 
 figured — those who aided — and the grounds upon which its es- 
 tablishment was urged. 
 
 Gen. W. L. D. Ewing was then a Senator, and Acting Gov- 
 ernor, and urged the establishment of a State Bank, on the 
 ground that the General Government would put down the United 
 States Bank, and General Jackson, Mr. Taney and Mr. Wood- 
 bury, and the whole party, urged the establishment of Banks, to 
 supply a "better currency." Senator Ewing introduced his pro- 
 ject — it was democratic; — Senator Will, another democrat, 
 brought forward his project — and while it was pending, letters 
 were said to be received from Washington, urging the passage 
 of Will's bill, and promising the deposites to the Bank. Judge 
 Smith urged it as a democratic measure, as did many other 
 equally distinguished members of the party. 
 
 The few Whigs in the Legislature divided on the measure, 
 and most of those who supported it, have since become Van 
 Buren men. Well, the next measure the Banks wanted was the 
 power to suspend in 1837. Governor Duncan was urged to 
 convene the Legislature to grant this aid to the Bank, by Col. 
 John A. McClernand, and Col. J. Fry, both distinguished demo- 
 crats, and Canal Commissioners; and in the House of Represen- 
 tatives of that year, there were but eighteen Whigs. R. G. 
 Murphy, of Perry, and Jas. Shields, then of Randolph, now of 
 St. Clair, were the great champions, aided by Milton Carpenter 
 of Hamilton, who carried through the suspension law. All these 
 were democrats, as they call themselves, and with numerous 
 others, were for legalizing the suspension. 
 
 Thus, I believe, I have given you simple facts, to show that 
 the State Bank was created by the Loco Foco party on instruc- 
 tions from Washington; — they have nourished and sustained it; 
 — they legalized its suspension in 1837, and will doubtless do it 
 again in 1839, and, as it is their own dog, they may whip it, and, 
 I trust, the Whigs will only stand by and see it well done. 
 
 A Looker-On. 
 Clinton County, 111. Oct. 28, 1839 
 
UNCOLLECTED WORKS OF LINCOLN 643 
 
 AFFIDAVIT BY MR. LINCOLN IN THE SUIT OF 
 BRAUCHER VS. HEIRS OF JAMES SAYLES, 
 
 SANGAMON CIRCUIT COURT, 1839 or 1840 
 This affidavit by Mr. Lincoln had to do wkh a suit for the 
 partition of real estate owned by the heirs of James Sayles de- 
 ceased. A petition for the desired partition was granted and three 
 commissioners to effect it were appointed by the Sangamon Cir- 
 cuit Court on July 16, 1840, but on November 12 these commis- 
 sioners reported that the property was not suitable for partition, 
 and the court appointed William F. Elkin a commissioner to sell, 
 it. 
 
 State of Illinois 
 
 Sangamon County 
 
 Isaac R. Braucher | In Chancery 
 
 vs. 
 Heirs of James 
 Sales Deceased 
 
 A. Lincoln being first duly sworn says on oath, that he is 
 informed and verily believes that Jemima Arminda Sales, son of 
 the defendants to the Bill hereto attached, resides out of the state 
 of Illinois— A. Lincoln 
 
 ARTICLE ON CLAIM OF DOUGLAS TO STUART'S 
 
 SEAT IN CONGRESS BELIEVED TO HAVE BEEN 
 
 WRITTEN BY LINCOLN, SANGAMO JOURNAL, 
 
 NOVEMBER 28, 1839. 
 At the state election held on August 6, 1838, John Todd 
 Stuart, after a hard-fought and bitter contest, defeated Stephen 
 A. Douglas for Congress by thirty-six votes in a total of 36, 495 
 polled, so narrow a margin that Douglas, with some reason, 
 angrily contended that he had been defeated by fraud. There 
 followed a sharp exchange of letters between Douglas and Stuart, 
 the latter on March 13, 1839, declining to canvass again the votes 
 cast in the election of August 6, or to resign his claim to the 
 office of representative and run the race over again. The re- 
 ported plan of Douglas to contest the election troubled the Whig 
 leaders in Springfield and Lincoln, alert to the interests of his 
 partner, prompted five of them to join him late in June, 1839, in 
 a confidential letter to various Whig editors in the Congressional 
 district, including the editor of the Chicago Daily American (See 
 "Complete Works" by Nicolay and Hay 1 :96) requesting them to 
 
644 UNCOLLECTED WORKS OF LINCOLN 
 
 find out and report to Stuart and Lincoln if mistakes had been 
 made in adding the votes, and if minors, non-residents or un- 
 naturalized foreigners had voted for Douglas. The latter in the 
 end gave up the idea of trying to unseat Stuart, who on Novem- 
 ber 2, 1839, left for Washington to take his seat. Lincoln, how- 
 ever, declaring that if one 'heard Douglas say that he had aban- 
 doned the contest it woidd not be very authentic," for a time kept 
 a watchful eye on the guileful young Democrat, (See Lincoln to 
 Stuart November 14, 1839), and is believed to have penned this 
 caustic editorial headed The Contested Election which appeared 
 in the Sangamo Journal on November 28, 1839. Douglas had 
 already become one of the few men whom Lincoln regarded 
 through the years with abiding distrust and ill-will. 
 
 Why has not Mr. Douglas gone on to Washington to con- 
 test the seat of John T. Stuart in Congress? Can any living 
 mortal tell? Surely, if the loco foco papers of this State are to 
 be believed — he had a majority of the votes given for Repre- 
 sentative to Congress last fall in this District? Why then, has 
 he not gone to claim his seat? 
 
 Can it be possible that the loco foco press has been engaged, 
 for the last six months, in deceiving their readers upon this sub- 
 ject? — How often they have asserted that Mr. Douglas had a 
 majority — a clear and decided majority of the votes? and how 
 often have they denounced the State officers for giving Mr. 
 Stuart a certificate of election to which they said he was not 
 entitled? How often have they charged Clerks of Counties with 
 baseness and corruption in transmitting false returns? 
 
 Was all this merely to deceive what is called "the demo- 
 cratic party", — to give Mr. Douglas some little political capital 
 — and to produce excitement in the community? Were these the 
 high and holy motives of Mr. Douglass and his presses? 
 
 If Mr. Douglas has a majority of the votes, it is his most 
 solemn duty to repair to Washington and claim his seat. If he 
 has not that majority; and if he has either through design, or 
 mistake given currency to wrong statements, affecting the char- 
 acter of our public officers, and misleading the people, it is just 
 and proper that he should make all the atonement in his power; 
 — and at once undeceive the public. 
 
 We are inclined to the belief that the denouments in this 
 case, will show to the public what reliance is to be placed upon 
 the statements of the loco foco press in this State, when their 
 party interests are concerned. 
 
INDEX TO PERSONS, PLACES AND SUBJECTS 
 
 Adams, General James, Candidate for probate judge against Henry, 142; Lincoln 
 
 brings suit against for Anderson heirs, 146; attacked by Sampson's Ghost, 153-161; 
 
 history of suit of Wright against, 165; Lincoln again attacks him in Sangatno 
 
 Journal, 174; relates story of in same journal, 180; friend of Joseph Smith, 575. 
 Adams, John Quincy, Begins his fight in Congress for right of petition, 34 and 38; 
 
 great speech in House in 1836, 94; delivers historic address on the right of 
 
 petition, 265. 
 Adams, Parmenio, Kinsman of James Adams, 250. 
 
 Adkin, David. Defended by Lincoln when charged with larceny, 618. 
 Albany, Illinois, Surveyed by Lincoln, 60; who files map of, 103. 
 Albion, Illinois, Lincoln debates there with Isaac P. Walker and reads Byron's poems, 
 
 570. 
 Alley, Nelson, New Salem landlord sued with Lincoln for pledge to Talisman voyage 
 
 fund, 47-48. 
 Alton, Illinois, Lincoln addresses the citizens of, 566. 
 Armstrong, Hannah, "Foxes" Surveyor Lincoln's trousers, 60. 
 Athens, Illinois, Banquets the Sangamon members of the General Assembly, 177. 
 
 Baker, Edward Dickinson, Lincoln acts as attorney for, 316. 
 
 Bath, Illinois, Surveyed by Lincoln, 60. 
 
 Belleville, Illinois, Lincoln one of the speakers at a Whig rally there, 567. 
 
 Benedict, Kirby, Pioneer lawyer and friend of Lincoln, 539. 
 
 Bennett, James Gordon, Founds New York Herald, 75. 
 
 Bennett, John, Early friend aided by Lincoln, 461. 
 
 Benton, Thomas Hart, Secures passage by Congress of a bill regulating the coinage 
 
 of gold and silver, 59. 
 Berry, William, Serves under Lincoln and becomes his partner, 56. 
 Birchall, Caleb, Early Springfield bookbindei, 493. 
 Birney, James Gillespie, Alabama lawyer and planter, frees his slaves and becomes 
 
 abolition editor in Ohio, 93; course influenced by Theodore D. Weld, 94; nominee 
 
 of the Liberal Party for President, 535. 
 Blair, Francis Preston, Sr., Founds the Washington Globe, 32. 
 Bloomington, Illinois, Debate between Lincoln and Douglas at, 252. 
 Bogue, Captain Vincent A., Disastrous attempt to prove the Sangiamon a navigable 
 
 stream, 47-48. 
 Bohannan, Thomas, Letter from Lincoln to, 404; Stuart & Lincoln make remittance 
 
 to, 636. 
 Brothers, Thomas, Disciple of William Cobbett, 440. 
 Brown, John, Postmaster in Pennsylvania when Lincoln filled like post at New 
 
 Salem, 55. 
 Brown, Moses, Leader in cotton mill industry and anti-slavery advocate, 95. 
 Bunn, Jacob, Springfield banker and friend of Lincoln, 630. 
 Butler, William, Helps to make Lincoln's first days in Springfield comfortable ones, 
 
 131; Lincoln as commissioner deeds land to, 519. 
 
 Calhoun, John, County surveyor appoints Lincoln as deputy, 59. 
 
 Calhoun, John Caldwell, Champions state rights and helps in the political election of 
 Abraham Lincoln, 50-51; as Vice-President_ assures Senate's rejection of Van 
 Buren as Minister to Great Britain, 92; as senator champions non-interference 
 with slavery, 94; gives final form to this doctrine, 132. 
 
 Campbell, Antrim, Lincoln and others recommend him for prosecuting attorney, 295. 
 
 Carlinville, Illinois, Lincoln speaks at Whig rally there, 566. 
 
 Carlyle, Thomas, Publishes his French Revolution, 154. 
 
 Carmi, Illinois, Lincoln speaks at Whig barbecue at that place, 569. 
 
 Carson, Kit, Noted frontiersman born in the same year as Lincoln, 571. 
 
 Channing, William Ellery, Publishes book on slavery later read by Lincoln, 75. 
 
 Chase, Salmon Portland, Attracts notice as a defender of runaway slaves, 105. 
 
 Clary, John, First settler in present Menard County, 44 and 538. 
 
 Clay, Henry, Nominated for President in 1831, 34 and 38; helps to settle dispute with 
 South Carolina, 51; angered by his defeat in convention which nominated Har- 
 rison for President, 339; reverses his position on the slavery question, 358; can- 
 didacy of Birney causes his defeat for President in 1844. 
 
 Clyman, James, Noted mountain man serves under Lincoln in Black Hawk War, 40. 
 
 Cogdal, Isaac, Friend o c Lincoln and Ann Rutledge, 181 and 513. 
 
 Conkling, James C, Springfield lawyer and friend of Lincoln, 542. 
 
 Consercative, A., Letters of attacking Douglas written in part by Lincoln, 597. 
 
 Crawford, Josiah, Lampooned by Lincoln, 28. 
 
 Cullom, Richard N., Early friend of Lincoln and father of Shelby M. Cullom, 139. 
 
 Cullom, Shelby M'., Lawyer, governor and senator, 139. 
 
 Dane County, Illinois, Lincoln drafts bill for its creation, 364. 
 Darwin, Charles, British scientist born in the same year as Lincoln, 571. 
 Davis, David, Judge of the Eighth Circuit and friend of Lincoln, 537. 
 Davis, Edwin, Discovers interesting Lincoln documents, 29 and 32. 
 
646 UNCOLLECTED WORKS OF LINCOLN 
 
 Davis, Levi, Introduced by Lincoln to Governor Duncan, 80; receives letter from 
 Lincoln, 101; another letter to from Lincoln, 244. 
 
 Dawson, John, Early associate of Lincoln, 95. 
 
 Decatur, Illinois, Scene of Lincoln's first political speech in Illinois, 81. 
 
 Dixon, John, Petition in behalf signed by Lincoln, 286. 
 
 Douglas, Stephen Arnold, Career of and first meeting with Lincoln, 88; defeated by 
 Stuart for Congress, 211; debates with Lincoln at Bloomington, 252; bested by 
 Lincoln in interesting suit, 330; encounter with Francis, 506; attacked in letters 
 of A Conservative on his manner of securing a nomination to Congress, 597; suc- 
 ceeds Field as secretary of state, 627. 
 
 Drummond, Thomas, Succeeds Pope as federal judge, 635. 
 
 Dubois, Jesse Kilgore, Serves with Lincoln in the legislature, 74. 
 
 Duncan, Joseph, As governor calls session of the General Assembly for December 
 7, 1835, 92. 
 
 Early, Captain Jacob M., Lincoln serves under in Black Hawk War, 40; killed by 
 
 Henry B. Truett, 211. 
 Edwards, Ninian W., Senator from and governor of Illinois, 557. 
 Edwards, Ninian W., Jr., Lawyer and brother-in-law of Mary Todd Lincoln, 557. 
 Ellis, Abner Y., Springfield merchant and friend of Lincoln, 171 and 605. 
 Elmore, Travice, Served under Lincoln who befriends his family, 100. 
 Emerson, Ralph Waldo, Delivers address on The American Scholar, 154; address be* 
 
 fore the divinity school at Cambridge, 211. 
 Ewing, William L. D., Lincoln writes Stuart what he thinks of him, 374. 
 
 Fell, Jesse W., Pioneer lawyer of Bloomington, meets Lincoln at Vandalia, 74; part 
 
 in first nomination of, 283. 
 Fell, Kersey H., Brother of Jesse W. Fell, 539. 
 
 Ferguson, John, Lincoln writes bill of sale for, 38. i 
 
 Field, Alexander Pope, Lawyer, Whig leader and friend of Lincoln, 626. 
 Finley, Mary Elizabeth, Answer of Lincoln as guardian ad litem for, 540. 
 Fithian, William, Pioneer physician of Lacon, meets Lincoln at Vandalia, 74. 
 FJagg, Edmund T., Describes meeting with Lincoln in 1836, 117. 
 Fort Hall, First settlement in what is now Idaho built by Wyeth, 59. 
 Francis, Josiah, Early friend of Lincoln, 404. 
 Francis, Simeon, Founder of the Sangamo Journal and early friend of Lincoln, 87; 
 
 first president of Springfield Mechanics Union, 493; encounter with Douglas, 506, 
 Funk, Isaac, Prominent Sangamon county pioneer, 407. 
 
 Garrison, William Lloyd, Founder The Liberator, 33. 
 
 Giddings, Joshua Reed, Anti-slavery leader in Congress, 94 and 358. 
 
 Gladstone, William Ewart, British statesman born in the same year as Lincoln, 571. 
 
 Godbey, Russell, Earliest of Lincoln's surveys performed for him, 60. 
 
 Goudy, Calvin, Early Springfield printer, 493. 
 
 Graham, Mentor, New Salem postmaster helps Lincoln in study of grammar and art 
 
 of surveying, 50. 
 Green, John Bowling, Early friend of Lincoln, 44; urges him to become a candidate 
 
 for legislature, 58; editorial note on by Lincoln, 287. 
 Grigsby, Reuben, Lampooned by Lincoln, 27. 
 Grimke, Angelina and Sarah, Southern advocates of abolition, former wife of Thedore 
 
 D. Weld, 253. 
 
 Hanks, Charles, Aided by Lincoln in breaking prairie, 31. 
 
 Hanks, John, Kinsman of Nancy Hanks Lincoln, 21 ; splits rails with Lincoln, 22. 
 
 Hardin, John J., Pioneer lawyer of Jacksonville meets Lincoln at Vandalia, 74. 
 
 Harris, George W., Recollections of Lincoln, 570. 
 
 Harrison, William Henry, Anti-Masonic convention nominates for the Presidency in 
 1835 ? 75; in Sangamo Journal editorial Lincoln urges Whigs to nominate him for 
 President, 339; defeats Van Buren for President, 466. 
 
 Hawthorne, Nathaniel, Publishes his Twice Told Tales, 154. 
 
 Hay, Logan, On Lincoln's carreer in legislature, 89. 
 
 Hazel, Caleb, School master of Abraham Lincoln, 19. 
 
 Henry, Anson G., Friend of Lincoln and Whig leader, 142; attacked by Illinois 
 Republican, 153; card in Sangamo Journal with comment by Lincoln, 165. 
 
 Henry, James Daugherty, As sheriff collects Bogue assets, 48; career and early 
 death, 61. 
 
 Herndon, J. Rowan, Sells New Salem store to Lincoln, 149. 
 
 Herndon, William, Uncle of William H. Herndon, 149; pays fee to Stuart & Lin- 
 coln, 205. 
 
 Herndon, William Henry, Second law partner of Lincoln, visits his stepmother, 22; 
 recalls Lincoln's reputed first political speech, 42. 
 
 Hickox, Virgil, Early friend of Lincoln, 514. 
 
 Hill, Samuel, Pioneer merchant of New Salem, with Lincoln appraises estray filly, 68. 
 
 Hogan, John, Pioneer preacher and lawyer, 543. 
 
 Holmes, Oliver Wendell, Physician and poet born in the same year as Lincoln, 571. 
 
 Howells, William Dean, Campaign life of Lincoln, 31. 
 
 Huron, Illinois, Surveyed by Lincoln, 60; he certifies to map of, 162. 
 
UNCOLLECTED WORKS OF LINCOLN 647 
 
 lies, Elijah, Springfield pioneer and merchant, 559; supports Lincoln in latter's con- 
 troversy with Adams, 590. 
 lies, Washington, Early settler in Springfield, 145. 
 Illinois, State of, Report by Lincoln on annual revenues and expenditures, 137. 
 
 Jackson, Andrew, Appoints Lincoln postmaster of New Salem and masters South 
 Carolina's threats of secession, 50; wages war against the Bank of the Llnited 
 States, 59; defeats White's candidacy for President, 93; retires to Hermitage, 132. 
 
 Jacksonville, Illinois, Debate between Lincoln and Douglas at, 566. 
 
 Jefferson, Joseph, Recalls how Lincoln befriended his father, 357. 
 
 Judd, Norman Buel, One of the founders of the Republican Party and friend of 
 Lincoln, 535. 
 
 Lamborn, Josiah, Debates with Lincoln at Shawneetown and Equality, 570. 
 
 Lane Theological Seminary, Students debate slavery and fifty of them expelled, 65. 
 
 Lewis, Joseph J., Pennsylvania editor writes sketch of Lincoln, who later appoints 
 him to office, 284. 
 
 Lincoln, Abraham, His career to 1840, 10-18; early years in Kentucky and, 19-22; 
 Youthful Doggerel, his earliest writing; Book of Examples, 22-27; The Chronicles 
 of Reuben, 27-29; petition for change of polling place signed by Lincoln, 29; 
 first political speech in Illinois, 31; appraisal of an estray signed by Lincoln, 32; 
 petition for constable signed by Lincoln, 34; witnesses bill of sale, 35; earliest 
 legal document known to have been drawn by Lincoln, 35; first candidacy for the 
 legislature, 37; serves as pilot of the Talisman, 37; writes bill of sale for John 
 Ferguson, 38; writes receipts to James Rutledge and William Sampson, 38 and 39; 
 service in the Black Hawk War, 39-40; reputed first political speech, 42; speaks 
 Springfield, 43; writes election return, 44; certifies to service of three of his men, 
 45-46; sued for pledge to expenses of Talisman Voyage, 47-48; summary of vote at 
 New Salem, 48-49; after Offutt's failure sets up as merchant on his own account 
 and is made postmaster of New Salem, 50-55 ; Berry & Lincoln purchase Radford 
 store, 51; debts incurred by Lincoln as New Salem storekeeper, 53-56; elected to the 
 legislature, appointed surveyor and begins study of law, 58; studies for and works as a 
 surveyor, 59-60; joins in endorsement of Henry for governor, 61; surveys route for 
 road from Musick's ferry, 62; serves as clerk of election at New Salem, 63 and 67; 
 makes affidavit regarding horse lost by one of his men, 66; surveys road and ap- 
 praises estray filly, 68; early services in legislature, 69-74; draws mortgage for 
 Nicholas Bryan, 70-71; rooms with John Todd Stuart, 74; speech on surveyor for 
 Schuyler County, 76; resolution on public lands laid on table, 76; opposes proposed 
 committee to reapportion representation in the legislature, 77; introduces bill to lo- 
 cate first section of Springfield-Lewiston road, 78; surveys land for William Mo 
 Neely and Archibald Kincaid, 79; franks envelope for a friend and writes Blair & 
 Rives, 80; proposes canal in the Sangamon River Valley, 81; introduces bill to in- 
 corporate Beardstown and Sangamon CanaT Company, Sl-86; reports bill to re- 
 locate part of state road from Springfield to Lewistown, 86; letter to Sangamo Jour- 
 nal believed to have been written by Lincoln, 87-90; first meeting with Douglas, 88; 
 Logan Hay on his career in legislature, 89; proposes amendment to act incor- 
 porting subscribers to Bank of Illinois, 90; proposes amendment to Illinois and 
 Michigan Canal bill, 91; offers resolution which is adopted for publication of 
 general laws in newspapers, 91; courtship with Mary Owens, and support of 
 White for Presidency, 92; as candidate for reelection to the legislature, June, 
 1836, advocates equal suffrage, 92; befriends family of Travice Elmore, 100; ad- 
 dress at St. Petersburg, 101; advertises strayed or stolen horse, and writes to 
 Levi Davis, 101; attestations of survey in 1836, 102; reports on road located by 
 him, 103; papers in first case as a lawyer, 104-115; Lincoln's first debate of 
 record, 115; speeches as a candidate for the legislature in 1836, 116; debates with 
 Edmund Dick Taylor, 117; petition for scrapers drawn by Lincoln, 118: draws 
 will of Joshua A. Short, 119; franks letters for Marsh and Ferin, 120; makes sur- 
 vey for Alvin Ringo, 121; offers resolution regarding door-keeper of the House, 
 122; discusses proposed division of Sangamon County, 123; letters to John Mc- 
 Namar, 124; becomes Whig leader on the floor of the House; 125; leads in secur- 
 ing removal of the state capital to Springfield, 130; protests against anti-slavery 
 resolution passed by General Assembly, 130; removes to Springfield and becomes 
 partner of John T. Stuart, 131; proposal of marriage rejected by Mary Owens, 
 131; offers amendment to act for state road from Jacksonville to Bloomington, 
 and reports bill to relocate portion of Springfield-Lewistown road, 135; Lincoln 
 reports from special committee on proposed creation of new counties, 136; re- 
 port by on revenue and expenditures of State of Illinois, 137; amendment by 
 Lincoln to act locating state capital in Springfield, 138; entries in Stuart & Lin- 
 coln fee book, 141; friendship with Dr. Anson G. Henry, 142; reports marking 
 and location of road from Springfield to Nathan Hussey's, 145; genesis of Aderson 
 suit against James Adams, 146; befriends Black Hawk War veteran, 147; settles 
 accounts as postmaster of New Salem, 150; defends course of Dr. Henry as state 
 capitol commissioner, 166; offers bill for road from Beardstown to Petersburg, 
 172; continues war on James Adams, 174; proposes act to govern payments 
 for construction of new state house, 176; speaks at banquet in Athens, 177-180; 
 relates story of Adams in Sangamo Journal, 180; presents petition of Nancy 
 
648 UNCOLLECTED WORKS OF LINCOLN 
 
 Green for divorce, 187; address before the Young Men's Lyceum of Springfield, 
 211; re-elected to the legislature, 216; letter to Levi Davis, 244; signs note 
 assuring state capital to Springfield, 246; agrees with James W. Crain on con- 
 tingent fee, 251; debates with Douglas at Bloomington, 252; again candidate for 
 the legislature, 262; friendship with Jesse W. Fell and latter's part in his 
 first nomination for President, 283; editorial note on Bowling Green, 287; recom- 
 mends Antrim Campbell for prosecuting attorney, 295; serves as attorney for 
 Edward D. Baker, 316; speaks at Whig celebration of Stuart's election to Con- 
 gress, 323; becomes partner of Stephen T. Logan, 326; defeats Douglas in an 
 interesting suit, 330; affidavit of in the suit of Rogers vs. Rogers, 338; in 
 Sangamo Journal editorial urges Whigs to nominate Harrison for President, 339; 
 proposes bill enabling settlers to collect for improvements on public lands, 344; 
 probable author of report from House Committee on finance attacking sub-treasury 
 system proposed by Van Buren, 345; discusses election of House members to 
 office, 354! defeated for speaker, but Whig leader on the floor of the House, 356; 
 admitted to practice in the federal courts, 356; meets Mary Todd for the first 
 time and assists a group of players in distress, 357; offers amendment to the bill 
 creating Menard County, 360; proposes additions to the rule* of the House, and 
 takes part in debate of a bill for completing new state house, 361; proposes ap- 
 propriation to meet cost of same, 363; draws bill establishing the counties of 
 Menard, Logan and Dane and aids in its passage, 364; draws and presents land 
 report and resolutions approved by the House but ignored by the federal au- 
 thorities, 368 ; introduces bill for the relief of clerk of Sangamon County and 
 asks Stuart to renew note for him, 374; draws bill to incorporate the Santa Fe 
 Railroad Company, 376; reports supplement to the bill creating Menard, Logan 
 and Dane Counties, 380; reports bill to incorporate the Franklin Institute, 381; 
 offers resolution permitting use of the hall of the House at Vandalia, 386; letter 
 to Thomas Bohannan, 404; article by in the Sangamo Journal attacking proposed 
 sub-treasury system, 440; speaks on Kerr-Love contest for seat in House, 456; 
 bills introduced in House, December, 1839, and later, 458; resolutions offered 
 by Lincoln adopted at Whig meeting in Springfield, 460; submits peition to House 
 to vacate part of addition to St. Petersburg, 461 ; proposes amendment to liquor 
 law, 462; participates in debates of Whig and Democratic speakers, 463 ; leads in the 
 legislature in efforts to meet the financial problems of the state and prevents loss 
 of charter of the State Bank at Springfield, 464; helps to secure a new charter 
 for the town of Springfield, 465; active in the presidential campaign of 1840, 465; 
 helps to edit the Old Soldier, 466; last services as a member of the legislature, 
 466; cares for the welfare of veterans of the Revolution, 467; reports bill for 
 state road from Petersburg to Waverly, 468; signs protest against failure to im- 
 peach Judge Pearson, 469; presents petition of Sarah Martin for divorce, 472; 
 proposes amendment to existing acts in relation to constables, 474; gives receipt 
 for fee, 476; helps prepare report on condition of the State Bank of Illinois, 476; 
 reports bill authorizing purchase of house for use of governor, 488 ; joins in dis- 
 cussion of internal improvements, and probable author of act amending laws in 
 relation to the Illinois and Michigan Canal, 489; draws charter of Springfield 
 Mechanics Union, 492; probable author of appeal of Old Soldier to its readers, 
 506; his oareer as a circuit lawyer, 537; speaks at Whig rally in Springfield 
 probably reported by him, 543; final and later appearances before Illinois Supreme 
 Court, 548; letter to Jonathan G. Randall, 553; draws plan of campaign for Whigs, 
 563; account of speeches for Harrison in 1840, 565; joint debate with Jesse B. 
 Thomas in Springfield, 568; opposes bill for the relief of William Normandy, 573; 
 bond filed by Berry & Lincoln, 576; reply to claims of James Adams, 579; letter 
 in behalf of John Warnsing, 585; writes Old Settler letters, 588, 589 and 592; 
 letter to William A. Minshall, 593; Dart in letters of A. Conservative, 597-602; 
 helps to secure appropriation to complete state house at Springfield, 608; made 
 member of the town board of Springfield, 625; secures release of free negro un- 
 lawfully imprisoned in New Orleans, 627; helps to draft preamble and resolutions 
 adopted by the first Whig state convention in Illinois, 631; admission to and 
 practice in the federal courts, 634; earnings during his first vears at the bar, 
 637; letter signed A Looker-on, but probably written by Lincoln, 641; article 
 in Sangamo Journal disputing claim of Douglas to Stuart's seat in Congress be- 
 lieved to have been written by Lincoln, vigilant defender of his partner's in- 
 terests, 643. 
 
 Lincoln, Mary Todd, Meets her future husband for the first time, 357. 
 
 Lincoln, Sarah, Sister of Abraham and wife of Aaron Grigsby, her death, 27. 
 
 Lincoln, Sarah Bush (Johnston), Second wife of Thomas Lincoln, 20; visited by Wil- 
 liam Henry Herndon, 22. 
 
 Lincoln, Thomas, First home in Illinois, 21; employed as jail guard, 22. 
 
 Lincoln, Illinois, Surveyed by Lincoln, 60. 
 
 Linder, Usher F., Tells story of an unusual courtship, 593. 
 
 Locke, Richard Adams, Author of the Moon Hoax, 440. 
 
 Logan County, Illinois. Lincoln drafts bill for its creation, 364. 
 
 Logan, Stephen Trigg, Lincoln's second law partner, recalls one of his early speeches, 
 441; associated with Lincoln in suit against Adams, 146; forms partnership with, 
 326. 
 
 L®vejoy, Elijah Parrish, Abolition editor killed by pro-slavery mob in Alton, 132. 
 
UNCOLLECTED WORKS OF LINCOLN 649 
 
 Ludlum, Charles, Early Springfield mason. 
 
 Lundy, Benjamin, Anti-slavery leader passes his last days in Illinois, 359. 
 
 Lyon, Mary, Founds Mount Holyoke Seminary, 133. 
 
 McClernand, John Alexander, Serves with Lincoln in the legislature, 125; debates 
 
 with Lincoln at Mount Vernon, 569; appointed to but fails to secure office of 
 
 secretary of state, 626. 
 McConnel, Murray, Lawyer and early associate of Lincoln, 139. 
 
 McCormick, Cyrus Hall, Inventor of the reaper born in the same year as Lincoln, 571. 
 McGinnis, David, Career and receipt for services drawn by Lincoln, 129. 
 M'cNamar, John, Letter of Lincoln to and career of, 124. 
 Mack, Polly, Negro mother befriended by Lincoln, 627. 
 Madison, James, Last years and death of, 93. 
 
 Marsh, Mathew S., Describes Lincoln's practices as postmaster, 120. 
 Mason, Lucinda, Charge against in Stuart & Lincoln fee book, 588. 
 Matheny, Charles R., Receipt of Lincoln to, 65; early resident of Springfield, 510; 
 
 Lincoln draws order for administrators to sell his real estate, 510. 
 Matheney, James H., Soldier and judge, 511. 
 
 Matheney, Noah W., Succeeds his father as clerk of Sangamon County, 510. 
 May, William L., Pioneer lawyer elected to Congress, 67; defeated by Douglas as a 
 
 candidate for re-nomination, 597-603. 
 Menard County, Lincoln offers amendments to bill creating and attends first session 
 
 of its circuit court, 360. 
 Mills, Benjamin, Galena lawyer defeated for Congress, 67. 
 Morganfield, Kentucky, Lincoln speaks at that place, 570. 
 Minshall, William A., Lawyer and early friend of Lincoln, 593; amusing story of his 
 
 courtship recalled by Usher F. Linder, 593. 
 Morse, Samuel F. B., Granted patent for the telegraph, 554. 
 Mount Holyoke Seminary, Founded by Mary Lyon, 133. 
 Mount Vernon, Illinois, Lincoln debates with McClernand at that place, 569. 
 
 Neale, Thomas M., Continues Lincoln as deputy surveyor, 60. 
 
 New Boston, Illinois, Surveyed by Lincoln, 60. 
 
 New Salem, Illinois, Lincoln settles there in 1831, made postmaster in 1833, appraisal 
 
 of lots by him, 57; endorses Henry for governor, 61. 
 New York Herald, Founded by James Gordon Bennett, 75. 
 Normandy, William, Lincoln opposes bill for the relief of, 573. 
 
 Oakley, Charles, Lincoln signs bond of as fund commissioner, 139. 
 
 Oberlin College, Welcomes students of color, 75. 
 
 Offutt, Denton, Hires Lincoln for flat boat trip to New Orleans and as clerk at New 
 
 Salem, 21. 
 Old Soldier, The, Campaign paper edited in part by Lincoln, 466; appeal to its readers 
 
 believed to have been written by Lincoln, 507. 
 Owens, Mary, Courted by Lincoln, 92; rejects his proposal of marriage, 131. 
 
 Pantier, James, Pioneer and early friend of Lincoln, 46. 
 
 Pasfield, George, Early Springfield merchant, 145. 
 
 Peoria, Illinois, Lincoln speaks at Whig rally there, 565. 
 
 Petersburg, Illinois, Resurveyed by Lincoln, 60; Lincoln secures vacation of part of 
 
 addition to town, 461. 
 Phillips, Wendell, Begins his career as an anti-slavery orator, 132. 
 Poe, Edgar Allen, Poet born the same year as Lincoln, 571 . 
 Polk, James Knox, Chosen speaker of Congress in 1838, 75. 
 Pope, John, Son of Judge Pope and Union general, 635. 
 
 Pope Nathanial, Federal judge and his high regard for Lincoln, 575 and 635. 
 Porter, William, Early friend of Lincoln, 547. 
 
 Power, John C, Relates Lincoln's part in assuring state capital to Springfield, 246. 
 Pratt, Harry E., On Lincoln's Supreme Court practice, 548. 
 Pnckett, David, Payment to Stuart & Lincoln, 404. 
 
 Quinton, Richard, Sangamon County pioneer, 312. 
 
 Radford, Reuben, New Salem storekeeper, 51 and 186. 
 
 Randall, Jonathan G, Letter of Lincoln to, 553. 
 
 Ransdell, Wharton, Tavern keeper in Springfield, 161. 
 
 Reed, James E., Leader of famous trek to California, 595. 
 
 Chronicles of Reuben, The Genesis of, 27. 
 
 Rhett, Robert Barnwell, Threatens secession of Southern states, 132. 
 
 Riney, Zachanah, Schoolmaster of Lincoln, 19. 
 
 Robinson, Davis, Early associate of Lincoln, 232. 
 
 Roll, John E., Early friend of Lincoln, 493. 
 
 Rutledge, Ann, Courted by John McNamar, 124; relations with Lincoln, 181. 
 
 Rut edge, David, Brother of Ann and early friend of Lincoln, 53 and 549. 
 
 Kutledge, James, One of the founders of New Salem and father of Ann Rutledge, 44. 
 
 Sampson's Ghost Letters, Written by Lincoln, June 17, 1837 and later, 153-161. 
 
 bangamon County, Proposed to create new counties from, 136. 
 
 % a <7 m n°n J° urna1 ' The > Letter to in 1835 believed to have been written by Lincoln, 
 87-90; another letter, January, 1836, believed to have been written by Lincoln, 
 
650 UNCOLLECTED WORKS OF LINCOLN 
 
 96-100; other letters, December, 1836, believed to have been written by him, 125 
 
 and 129; Lincoln probable author of amusing letter, January 6, 1837. 
 Schoolcraft, Henry Rowe, Discovers sourec of Mississippi, 43. 
 Scott, John M., Long member of the Bloomiington bar, 544. 
 Scripps, John Locke, Early biographer of Lincoln, 19. 
 Seminole War, Second, Begins in November, 1835. 
 Semple, James, Speaker and later federal senator, 96. 
 Seward, William Henry, In 1836 already lawyer of note, 105; elected governor of 
 
 New York, 345. 
 Seymour, Dr. Glenn H., Quoted on letters of A Conservative, 597. 
 Sherman, William Tecumseh, Graduated at West Point, 554. 
 Shields, James, Member of the legislature later to serve as federal senator from three 
 
 states, 125. 
 Short, James, Early and helpful friend of Lincoln, who later made him an Indian 
 
 agent, 53 and 58. 
 Short, Joshua, New Salem pioneer whose will was drawn by Lincoln, 119. 
 Simmons, Pollard, Early friend of Lincoln, 577. 
 Slater, Samuel, Pioneer in textile industry, 95. 
 Slavery ends in British possessions, 65. 
 
 Smith, Gerrit, Anti-slavery leader aided by John Jacob Astor, 154. 
 Smith, Joseph, Career of Mormon leader in Illinois, 357. 
 Smith, Peter, Lincoln tells him of family migration to Illinois, 20. 
 Smith, Samuel Lisle, Lawyer and Whig orator, 543. 
 Smithsonian Institution, Founding of, 330. 
 
 Smoot, Coleman, Loans Lincoln money with which to buy new suit of clothes, 58. 
 Snyder, Adam Wilson, Pioneer lawyer and Democratic leader, 568. 
 Speed, Joshua Fry, Helps to make Lincoln's first days in Springfield comfortable 
 
 ones, 131. 
 Springer, Francis, Springfield schoolmaster and president of Illinois University, 493. 
 Springfield, Note which assured its continuance as state capital, 246; Whig meeting 
 
 at adopts resolutions offered by Lincoln, 460; Elijah lies builds American House, 
 
 461; Whig rally at probably reported by Lincoln, 543. 
 Stapp, Wyatt B., Moves in the legislature for abandonment of system of internal 
 
 improvements, 464. 
 Stevens, Henry, Recalls debate between Lincoln and Douglas at Bloomington, 252. 
 Stevens, Thaddeus, Part in the Buckshot War, 358. 
 Stone, Dan, Joins Lincoln in protest against anti-slavery resolution passed by General 
 
 Assembly, 130. 
 Strong, Schuyler, Springfield attorney receipts for services of himself and Lincoln, 553. 
 Stuart, John Todd, Urges Lincoln to study law, 58; Lincoln rooms with him at Van- 
 
 dalia, 74; native of Kentucky, 96; defeats Douglas for Congress, 211; Springfield 
 
 Whigs celebrate his election, 323; his business methods, 634; leaves for Washington 
 
 and Lincoln make? entry in fee book of firm, 637. 
 Stuart & Lincoln Fee Book, Charge against Peyton L. Harrison, 242; charges against 
 
 Allen & Stone and Wiley & Wood, 326; notes of payment to successful client, 372. 
 Sub-Treasury System, Attacked by Lincoln but becomes a law, 440. 
 Sutter, John August, Gold discovered by one of his workmen, 628. 
 
 Talisman, The, Piloted by Lincoln, first steamer to ascend the Sangamon, 37. 
 
 Tarbell, Ida Minerva, Account of early speech of Lincoln, 43. 
 
 Taylor, Edmund Dick, Career and debate with Lincoln in 1836, 117. 
 
 Taylor, John, Menard county pioneer, 603. 
 
 Tennyson, Alfred, British poet born in the same year as Lincoln, 571. 
 
 Thomas, George Henry, Graduated at West Point, 555. 
 
 Thomas, Jesse Burgess, Jr., Career of pioneer lawyer who serves with Lincoln in the 
 
 legislature, 77; debates with Lincoln in Springfield, 568. 
 Two- Thirds Rule, Adopted by the Democratic national convention in 1835, 75. 
 Tocqueville, Alexis de, Writes Democracy in America, 33. 
 Trailor, Archibald, Defended by Lincoln when charged with murder, 186. 
 Treat, Samuel H., Judge and early friend of Lincoln, 152 and 403. 
 Tremont, Illinois, Lincoln and Douglas participate in a four-cornered debate there, 567. 
 Truett, Henry B., Kills Jacob M. Early, 211. 
 Turner Insurrection of Slaves, 33. 
 
 Tyler, John, Whig candidate for Vice-President, 466. 
 Tyler, Moses Coit, Quoted on character of Judge Pope, 635. 
 
 Underground Railroad, Oberlin station on, 75. 
 
 Van Bergen, Peter, Lincoln party to suit brought by him, 56; secures judgment against 
 Lincoln & Berry, 58. 
 
 Van Buren, Martin, Nominated for the Presidency, 75; appointment as Minister to 
 Great Britain rejected by the Senate, 92; assumes Presidency and proposes sub- 
 treasury system, 132; summons Congress in special session, 182. 
 
 Vandalia, Illinois, Description of in 1834, 69. 
 
 Victoria, Queen of England, Her marriage to Prince Albert, 565. 
 
 Wallace, Dr. William, Brother-in-law of Mrs. Lincoln, 236. 
 Warnsing, John, Lincoln writes letter in his behalf, 585. 
 
UNCOLLECTED WORKS OF LINCOLN 651 
 
 Waterloo, Illinois, Lincoln debates with Adam Wilson Snyder at that place, 568. 
 
 Wayland, Francis, Long president of Brown University, 95. 
 
 Webb, Edwin B., Serves with Lincoln in legislature, 74. 
 
 Weber, George R., Editor of the Illinois Republican, 153 and 493. 
 
 Weber, George R. Editor of the Illinois Journal, 493. 
 
 Webster, Daniel, Lincoln studies his reply to Hayne, 21. 
 
 Webster, Fletcher, Speaks at Whig rally in Springfield, 543. 
 
 Weed, Thurlow, Heads movement to nominate Harrison for President, 339. 
 
 Weik, Jesse W., On Lincoln's first case as a lawyer, 105. 
 
 Weld, Theodore Dwight, part in anti-slavery movement, 94; weds Angelina Grimke 
 
 and edits tract Slavery as it Is, 253. 
 White, Hugh Lawson, Independent candidate for president in 1836, 92. 
 Whittier, John Greenleaf, Becomes anti-slavery editor, 211. 
 Wiley, Edmund R., Early Springfield tailor, 493. 
 Wilkes, Charles, Naval officer explores Antarctic waters, 286. 
 Williams, Archibald, Pioneer lawyer of Quincy, serves with Lincoln in the legislature, 
 
 74; highly regarded by Lincoln, 125. 
 Williams, John, Early settler in Springfield, 145. 
 
 Wilson, Robert L., Early associate of Lincoln and one of the Long Nine, 116. 
 Wright, Silas, New York senator supports sub-treasury system, 608. 
 Wyeth, Nathaniel Jarvis, Begins first trip to Oregon, 39: begins second trip and 
 
 builds Fort Hall, 59. 
 
 Young, Richard M., Elected federal senator for Illinois, 125. 
 
INDEX TO DOCUMENTS AND LEGAL PAPERS 
 
 Adkins vs. Haines, Bond given in suit of, 375; plea drawn by Lincoln, 618. 
 
 Anderson, Joseph, Heirs of, Sign contract for contingent fee drawn by Lincojn, 145. 
 
 Anderson, Bell & Company vs. Gambrel, Praecipe and declaration of plaintiff drawn 
 by Lincoln, 214; answer of defendant, 280. 
 
 Anderson, Bell & Company vs. Garrett and Garrett, Declaration of plaintiff in suit 
 of drawn by Lincoln, 217. 
 
 Anderson, Bell & Company vs. Patterson et al, Declaration in suit of drawn by Lin- 
 coln, 219. 
 
 Atwood & Jones vs. Douglas & Wright, Replication in suit of drawn in part by Lin- 
 coln, 442. 
 
 Bailey vs. Administrators of Cromwell, Appeal from Tazewell to Supreme Court in 
 
 suit of drawn by Lincoln, 457. 
 Baker vs. Addington et al, Complaint of plaintiff n suit of drawn by Lincoln, 527; 
 
 answer of guardian ad litem, 542. 
 Baker vs. Reeves Company, Complaint of plaintiff in suit of drawn by Lincoln, 316. 
 Bank of Illinois at Shawneetown, Lincoln proposes amendment to act incorporating 
 
 its subscribers, 90. 
 Barrett vs. Warren, Petition and waiver in the suit of drawn by Lincoln, 525. 
 Baum & Sheldon vs. Van Bergen, Praecipe and bond in suit of drawn by Lincoln, 308. 
 Beardstown and Sangamon Canal Company, Bill to incorporate drawn and reported 
 
 by Lincoln, 81-86. 
 Bevans vs. Bevans, Answer of John D. Bevans to petition of Margaret Bevans drawn 
 
 by Lincoln, 401. 
 Billow vs. White, Praecipe and bond in suit of, 196; declaration of plaintiff drawn by 
 
 Lincoln, 586. 
 Braucher vs. Heirs of James Sayles. Affidavit of Lincoln in suit of, 643. 
 Bryan, Nicholas, Mortgage to Payne, Drawn by Lincoln, December 8, 1834, 70-71, 
 Butler vs. Tilford et al, Lincoln appointed commissioner in chancery suit of, 359. 
 
 Cannon vs. Kenney, Complaint in Suit of, Drawn by Lincoln, 133; grounds of appeal 
 and bond for costs, 248; bill of exceptions, 402. 
 
 Carman vs. Glascock et al, Declaration of plaintiffs, affidavits and notes for argument 
 in suit of drawn by Lincoln, 421; affidavit of Jacob Carman, 449; notes for argu- 
 ment, 451. 
 
 Carter vs. Bennett and Ransdell, Amended declaration drawn by Lincoln, 531. 
 
 Casey Administrators vs. Casey Heirs, Answer of guardian ad litem in suit of, 329. 
 
 Clary vs. Harrison, Instructions to the jury in suit of written by Lincoln, 538. 
 
 Coffman vs. Smith, Complaint in suit of, 169. 
 
 Colburn vs. Wallace, Declaration of plaintiff in suit of drawn by Lincoln, 236; part of 
 declaration undated, 239. 
 
 Constant & Francis, Note of, Lincoln's relation to, 444. 
 
 Crain, James W., Agrees with Stuart & Lincoln on contingent fee, 251. 
 
 Crow & Company vs. Garrett, Bill in chancery and bond of in suit of drawn by Lin- 
 coln, 261. 
 
 Ditson vs. McM'urry, Declaration in suit of drawn by Stuart & Lincoln, 556. 
 Durley vs. Mitts and Ball, Declaration in the suit drawn by Lincoln, 292. 
 
 Eastep-Teter Agreement, Drawn by Lincoln and owned by Mrs. Gussie Samuell, 35. 
 
 Edwards vs. Rush, Affidavit and capias in suit of drawn by Lincoln, 388. 
 
 Election returns, September, 1832, Lincoln's first official document, 44. 
 
 Ellis vs. Nave, Declaration in suit of drawn by Lincoln, 294. 
 
 Ellis & Company vs. Smith, Praecipe and affidavit in suit of, 147; second affidavit, 
 
 153; declaration, 170. 
 Ellis and Vaughan vs. Ransdell, Declaration of plaintiff in suit of drawn by Lincoln, 
 
 605. 
 
 Fellows vs. Snyder, Agreement of dismissal in suit of drawn by Stuart, 390 . 
 
 Fellows and Fellows vs. Kellar & Snyder, Declaration in suit of drawn by Lincoln, 
 298; praecipe and bond drawn by him, 301. 
 
 Fellows and Fellows vs. Snyder et al, Declaration in suit of drawn by Lincoln, 303; 
 praecipe and bond drawn by him, 307. 
 
 Fellows vs. Kellar & Snyder, Agreement of dismissal in suit of drawn by Stuart, 390. 
 
 Fleming vs. Ransdell, Bond for costs and summons in suit of, 195; affidavit of de- 
 fendant, 208; plea of, 242 drawn by Lincoln. 
 
 Forsyth vs. Truett & May, Declaration of plaintiff in suit of drawn by Lincoln, 612. 
 
 Foster vs. Cassity, Answer of defendant in suit of, 182-186; defendant's brief, 212; 
 and notice of depositions to be taken, 213, drawn by Lincoln. 
 
 Foster vs. Toster, Bill in suit of for divorce drawn by Lincoln, 288. 
 
 Foster & Company vs. Lockerman, Affidavit in suit of, 199. 
 
 Fouch vs. Thomas et al, Declaration of plaintiff in suit of drawn by Lincoln, 452. 
 
 Franklin Institute, Bill to incorporate reported and probably drawn by Lincoln, 381. 
 
UNCOLLECTED WORKS OF LINCOLN 653 
 
 Garrett, Clinton R., Note of drawn in part by Lincoln, 95. 
 Garrett vs. Levering, Bill in chancery suit of drawn by Lincoln, 221. 
 Goodacre vs. Simpson, Affidavit of plaintiff in suit of drawn by Lincoln, 244. 
 Green, Nancy, Petition for divorce, drawn by Lincoln, 187. 
 Green, William, Jr., Mortgage to Radford, drawn by Lincoln, 51. 
 
 Gridley vs. Low, Prayer of Samuel P. Bailey to interplead in suit of drawn by Lin- 
 coln, 389. 
 
 Harkness vs. Truett & Company, Praecipe, declaration of plaintiff and bond for costs 
 in suit of drawn by Lincoln, 432. 
 
 Harland vs. Moffett & Moffett, Declaration in suit of drawn by Lincoln, 309. 
 
 Harrison vs. Dickinson and Taylor, Declaration of plaintiff in suit of drawn by Lin- 
 coln, 603. 
 
 Hart vs. Harrison, Praecipe in suit of, 290; plea of defendant and demurer and 
 joinder, 333. 
 
 Hart, Rhoda, Lincoln introduces bill authorizing her and others to sell real estate, 173. 
 
 Hart vs. Houghton and Harrison, Proof of summons served in suit of drawn by Lin- 
 coln, 373. 
 
 Hart vs. Penny et al, Plea of defendant in suit of, 333. 
 
 Hart vs. Sackett et al, Bill in chancery in suit of drawn by Lincoln, 270; answer of 
 guardian ad litem, 272; court order, 327. 
 
 Harwood vs. Forsythe and Buckner, Praecipe, bond for costs and declaration of plain- 
 tiff in suit of drawn by Lineoln, 258. 
 
 Hawthorn vs. Woolridge, Suit of, Lincoln's first case as a lawyer, 104-115. 
 
 Hay vs. Laswell, Praecipe and declaration of plaintiff in suit of drawn by Lincoln, 418. 
 
 Hay vs. Mock and Laswell, Praecipe, declaration of plaintiff and bill of exceptions 
 in suit of drawn by Lincoln, 429. 
 
 Herndon vs. Glasgow et al, Answer of defendant in suit of, 448. 
 
 Herndon vs. Smith, Affidavit in suit of, 149; letter to clerk and complaint, 167. 
 
 Herndon vs. Sudduth et al, Declaration of plaintiff in suit of drawn by Lincoln, 232. 
 
 Hickman vs. Braucher & Braucher, Scisa in suit of partly drawn by Lincoln, 190; 
 answer of defendant, 208. 
 
 Hood vs. Gray, Declaration of plaintiff in suit drawn by Lincoln, 495. 
 
 Hooper et al vs. Haines, First case in the federal courts conducted by Lincoln, 634. 
 
 Hornsby vs. Ragsdale, Declaration of plaintiff and security for costs in suit, 410. 
 
 Houghton vs. Hart, Complaint in chancery suit of, 150. 
 
 Houghton vs. Hart's Heirs, Notice of taking depositions, 181; depositions taken by 
 Lincoln, 189; report of commissioner, 209. 
 
 Houtson, John, Deed from Lincoln to, 405. 
 
 Hurst vs. Ragsdale, Complaint of plaintiff in suit of drawn by Lincoln, 321. 
 
 Hurst vs. Smith & Taggart, Summons and complaint in suit of drawn by Lincoln, 390. 
 
 Hurst vs. Smith et al. Declaration of plaintiff in suit of drawn by Lincoln, 622. 
 
 Hurt vs. Winters, Declaration of plaintiff in suit of drawn by Lincoln, 621. 
 
 lies vs. Lyman, Declaration of plaintiff in suit of drawn by Stuart & Lincoln, 559. 
 
 lies vs. White, Order to clerk and declaration of plaintiff in suit of drawn by Lin- 
 coln, 407 
 
 Illinois and Michigan Canal Bill, Lincoln proposes amendment to it, 91. 
 
 Illinois and Michigan Canal, Lincoln probable author of an act passed by the legisla- 
 ture amending laws in relation to, 490. 
 
 James & Leonard vs. Hughill, Assignment of errors in Supreme Court suit of drawn 
 
 by Lincoln, 555. 
 Judy vs. Manary & Cassity, Order for issue of process, declaration of plaintiff and 
 
 answer of defendant in suit of drawn by Lincoln and Douglas, 330. 
 Justices of the Peace, Act to limit jurisdictoin introduced by Lincoln, 69-70. 
 
 Kendall vs. Hardin and Reagen, Praecipe and declaration in suit of drawn by Lin- 
 coln, 414. 
 Kendall vs. Moffett, Declaration of plaintiff in suit of drawn by Lincoln, 416. 
 Kerr vs. Hall, Declaration of plaintiff in suit of drawn by Lincoln, 522. 
 
 Lane & Webb vs. Webber, Praecipe and bond for plaintiff in suit of drawn by Lin- 
 coln, 624. 
 
 Langford vs. Dver et al, Plaintiff's declaration in suit of drawn by Stuart, 386. 
 
 Lockwood vs. Wernwag, Declaration of plaintiff in suit of drawn by Lincoln, 620. 
 
 Luckell vs. Ruckel and Ruckel, Declaration of plaintiff in suit of drawn by Lincoln, 
 399. 
 
 Lusk vs. Coon, Affidavit of Lincoln in suit of, 611. 
 
 McClernand vs. Irwin & Company, Papers in suit of drawn in part by Lincoln, 626. 
 
 McGee, John, Petition of administrators to sell read estate of, 538. 
 
 McKee et al vs. Tharp, Declaration and praecipe in suit of, 203. 
 
 McGee vs. Ransdell, Plaintiff's declaration in suit of drawn by Lincoln, 393. 
 
 McNair vs. Adams, Notices for taking depositions in suit of drawn by Lincoln, 250; 
 affidavit of Adams, 254; declaration of plaintiff, 255; notices for faking deposi- 
 tions, 263; depositions taken, 264; further pleas of, 273; replication of plaintiff, 
 275; defendant's demurrer, 277; joinder drawn by Lincoln, 278. 
 
 McNeely, William, Land survey for by Lincoln in 1835, 79. 
 
654 UNCOLLECTED WORKS OF LINCOLN 
 
 Manning vs. Morgan, Affidavits for new trial and pleas in suit of, 516; bill of ex- 
 ceptions, 524. 
 
 Mason vs. Mason, Report of commissioners :h suit of drawn by Lincoln, 342. 
 
 Mason et al vs. Renshaw et al, Declaration of plaintiffs in suit of drawn by Lincoln, 
 240. 
 
 Moses M. Martin vs. Heirs of Isaac Martin, Report of administrator in suit of drawn 
 by Lincoln, 282. 
 
 Moses Martin vs. John Martin's Heirs, Petition for partition in chancery suit of 
 drawn by Lincoln, 205-207. 
 
 Martin, Sarah, Lincoln draws and presents petition that she be granted divorce, 472. 
 
 Miller vs. Chrisman et al, Complaint in suit of, 162; order in chancery suit, 164; 
 affidavit, 182. 
 
 Miller vs. Chrisman, Affidavit of Lincoln, 182. 
 
 Mock vs. Laswell, Plea of defendant in suit of drawn by Lincoln, 564. 
 
 Master Roll of Lincoln's Company, Some of its members, 39-42. 
 
 Nesbitt & Nesbitt vs. Schultz, Plea of defendant in suit of drawn by Lincoln, 636. 
 New Salem Election, November, 1832, Summary by Lincoln as clerk of vote, 48. 
 Newsom vs. Newton, Declaration of plaintiff in suit of drawn by Lincoln, 437; report 
 
 of state house commissioners in reference to, 446. 
 Noe vs. Cunningham, Bond for costs in suit of, 253. 
 
 Old Settler Letters, Exposing Adams written by Lincoln, 588, 589 and 592. 
 O'Neal vs. Gatten, Declaration of plaintiff in suit of drawn by Lincoln, 638. 
 
 Parker vs. Braucher, Praecipe and bond in suit of drawn by Lincoln, 398; plea of 
 
 defendant, 630. 
 Patterson, John W. and Others, Report on sale of real estate drawn by Lincoln, 445. 
 Payne vs. Bryan, Bill of complaint in chancery suit of drawn by Lincoln, 225. 
 Pearson, John, Lincoln and other Whig leaders attempt his impeachment as judge, 469. 
 Petition, to Sangamon County Commissioners, for road, May, 1834, route surveyed 
 
 by Lincoln, 63. 
 Plea to Commissioners of Sangamon County, in behalf of Benjamin Elmore, drawn 
 
 by Lincoln, 54. 
 Popejoy vs. Wilson, Lincoln asks for summons in suit of, 537. 
 Public Meeting at New Salem, Report of signed by Lincoln as secretary, 61. 
 
 Radford and Reed, Agreement between drawn by Lincoln, 554. 
 
 Ragsdale vs. Ashberry, Defendant's affidavits in suit of drawn by Lincoln, 509. 
 
 Ransdell vs. Calhoun, Declaration of plaintiff in suit of drawn by Lincoln, 529. 
 
 Ransdell vs. Lightfoot and Lightfoot, Declaration of plaintiff in suit of drawn by 
 Lincoln, 533. 
 
 Reed and Richards vs. Early, Petition to sell real estate and answer of guardian ad 
 litem in suit of, 449. 
 
 Reed and Wife vs. Arnold & Butler, Declaration of plaintiffs in suit of drawn by 
 Lincoln, 594. 
 
 Reed & Richard vs. Early et al, Court order in suit of drawn by Lincoln, 639. 
 
 Report and Map of Road Survey, Made by Lincoln, November 4, 1834, 68. 
 
 Report to Sangamon County Commissioners of road survey, made by Lincoln, June 
 2, 1834. 
 
 Returns of Election at New Salem, May, 1834, Made by Lincoln and Mentor Graham 
 as clerks, 63. 
 
 Returns of Election at New Salem, October 27, 1834, made by Lincoln and Mentor 
 Graham as clerks, 67. 
 
 Road Beardstown to Petersburg, Lincoln offers bill for, 172. 
 
 Road New Salem to Petersburg, Lincoln reports act to relocate, 174. 
 
 Rogers vs. Rogers, Bill in suit for divorce, 289; affidavits of Samuel Rogers and Lin- 
 coln, 336; amended bill and joinder, 338; Stuart & Lincoln appear for defendant, 
 609. 
 
 Roll vs. Anderson, Declaration of plaintiff in suit of drawn by Lincoln, 227. 
 
 Rupert & Lindenberger vs. Garrett, Praecipe and declaration in suit of, 200; com- 
 plaint in same suit, 202. 
 
 Rutledge, Green and Lincoln Bond, Drawn by Lincoln, 53. 
 
 Samuel & Dement vs. Moore, Plea to scire facias in suit of, one of Lincoln's earliest 
 cases, 328. 
 
 Santa Fe Railroad Company, Bill to incorporate drawn by Lincoln, 376. 
 
 Sawyer vs. Cordell, Agreement in suit of drawn by Lincoln, 617. 
 
 Scammon vs. Cline, Grant of appeal and continuance order in Supreme Court suit of, 
 535; assignment of errors signed by Lincoln, 551; abstract drawn by Giles' Sprig, 
 552. 
 
 Sears vs. Summers, Answer of guardian ad litem, 549, and decree of court, 550, 
 drawn by Lincoln. 
 
 Short vs. (Juinton and Morgan, Praecipe and declaration in suit of drawn by Lin- 
 coln, 312. 
 
 Sinnard vs. Ransdell, Plea of defendant in suit of drawn by Lincoln, 243. 
 
 Spear vs. Camp, Declaration of plaintiff in suit of drawn by Lincoln, 501; plea of 
 defendant, 515. 
 
 Spear vs. Lindsay, Declaration of plaintiff in suit of drawn by Lincoln, 394. 
 
UNCOLLECTED WORKS OF LINCOLN 655 
 
 Spear vs. Newton, Supplemental bill in »uit of drawn by Lincoln, 453. 
 
 Spears, George, Sr., List of notes due estate of drawn by Lincoln, 291. ... 
 
 Springfield Mechanics Union, Charter of drawn by Lincoln and granted by the legis- 
 lature, 492; its part in the history of Springfield, 493. 
 
 Stringfield Heirs vs. Orendorff Heirs, Replication of plaintiffs in suit of drawn by Lin- 
 coln, 318. 
 
 Stafford vs. Whitney and Whitney, Notes in suit of drawn by Lincoln, 604. 
 
 State Bank at Springfield, Report on its condition prepared in part by Lincoln, and 
 effect of, 476. 
 
 State Bank of Illinois vs. Musick, Answer of Lincoln as guardian ad litem in suit 
 of, 279. 
 
 Stewardson & Shoemaker vs. Douglas, Praecipe and declaration in suit of, 396. 
 
 Stockton vs. Tolly, Declaration of plaintiff in suit of drawn by Lincoln, 261 and 561. 
 
 Stone & Company vs. Hughes, Praecipe in suit of, 229; declaration of plaintiffs drawn 
 by Lincoln, 234. 
 
 Summers vs. Sears, Letter of Lincoln and declaration in suit of drawn by him, 614. 
 
 Taylor vs. Simmons, Note in suit of, 138. 
 
 Thayer vs. Phillips et al, Answer of Lincoln as guardian ad litem in suit of, 274. 
 
 Thompson vs. Osborn, Complaint of plaintiff in suit of drawn by Lincoln, 323. 
 
 Townsend vs. Truett & Company, Praecipe, declaration of plaintiff and bond for costs 
 in suit of drawn by Lincoln, 435. 
 
 Trailor vs. Radford, Notice of taking depositions in suit of, 186. 
 
 Trotter vs. Arnold and Fairchild, Declaration of plaintiff in suit of drawn by Lin- 
 coln, 428. 
 
 Trotter to Dunlap, Assignment of judgment drawn by Lincoln and Butler, 572. 
 
 Trotter vs. Laswell and Elkin, Declaration of plaintiff in suit of drawn by Lincoln, 499. 
 
 Trotter vs. Phelps, Summons and declaration, 296; notice of service, 315. 
 
 Trotter vs. Thomas, Declaration of plaintiff in suit of drawn by Lincoln, 557. 
 
 Truett & Company vs. Ransdell, Declaration in suit of, 161. 
 
 Tydings et al vs. Hathaway et al, Lincoln becomes security for costs and draws 
 declaration of plaintiffs in suit of, 498. 
 
 Van Bergen vs. Armstrong, Praecipe and declaration drawn by Stuart in suit of, 376 
 
 and 384. 
 Van Bergen vs. Neale, Praecipe in suit of drawn by Lincoln, 310; declaration drawn 
 
 by him, 314. 
 Vaughan vs. Ransdell, Declaration of plaintiff in suit of drawn by Lincoln, 424; 
 
 demurrer drawn by Walker, 443. 
 Von Phul & McGill vs. Porter, Complaint in suit of, 197. 
 
 Waggener vs. Porter, Praecipe and declaration in suit of drawn by Lincoln, 546. 
 
 Webb vs. Watson, Note and praecipe in suit of, 143. 
 
 Webster & Hickox vs. Cogdal, Affidavit of defendant in suit of drawn by Lincoln, 513. 
 
 White vs. Harris et al, Answer of Lincoln as guardian ad litem in suit of, 591. 
 
 Wilbourn vs. Simmons, Original note in suit of, 193; declaration of plaintiff drawn 
 by Lincoln, 577. 
 
 Williams vs. Cabaniss, Complaint of plaintiff in suit of drawn by Lincoln, 319. 
 
 Williams vs. Cabaniss. Lincoln becomes security for costs in suit of, 288; and draws 
 complaint of plaintiff, 319. 
 
 Wilson vs. M'asterson, Complaint in chancery suit of drawn by Lincoln, 223. 
 
 Wright et al vs. Adams, Complaint and replication in suit of, 165; notice of taking 
 depositions, 194; Lincoln takes deposition, 592; change of venue and end of suit, 
 610. 
 
 Wright vs. Brooks and Shackleford, Declaration of plaintiff in suit of drawn by Lin- 
 coln, 229. 
 
 Young vs. Cox, Plea of defendant in suit of drawn by Lincoln, 540.