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Lot 149
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Abraham Lincoln and His Partner Represent Lincoln's Dueling Opponent
Abraham Lincoln and His Partner Represent Lincoln's Dueling Opponent
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Description:

[Lincoln Abraham]

Abraham Lincoln and His Partner Represent Lincoln’s Dueling Opponent

[Abraham Lincoln]. William H. Herndon, autograph document signed “Lincoln & Herndon”, Bill to Foreclose Mortgage in Shields v. Mathews et al., filed October 27, 1853, Sangamon County Circuit Court. 3 pp., 8.5" x 13.875". Tears on folds; most repaired with clear tape; chipped edges; minimal loss of text.

Excerpts

“Your Orator James Shields administrator of Daniel P. Cook deceased would most respectfully show unto your Honor that one John Taylor deceased now & became and was indebted to the orator herein on or about the fourth day of October A D 1838 and to secure the said indebtedness your orator got said John Taylor to Execute a mortgage to your Orator to secure said indebtedness....”

 

“In tender consideration which said premises your orator prays that Watson Mathews Simeon W. Harkey Antrim Campbell admr of John Taylor deceased Beaumont Parks, William Baxter be made defendants to this bill and that the Peoples writ of subpoena issue for the said defendants commanding them &c Directed &c Returnable &c and that they and Each of them be required to answer the aforesaid bill but not on oath as the same is waived in pursuance of the statute of this state And as in duty bound your Orator will Ever pray &c

                                                                        “Lincoln & Herndon

                                                                        “Sol. For Compl.”

At the time of his death, Daniel P. Cook owned one lot in Springfield, Illinois, and sixteen acres outside of the town. James Shields, as the administrator of Cook’s estate, sold the lands to John Taylor.  John Taylor and Elijah Taylor gave Shields a promissory note for $1,110, and secured the note with a mortgage on the land. John Taylor divided the sixteen acres into town lots and sold them, but had paid only $783.39 before he died. Shields retained Lincoln and Herndon and sued Mathews and others, who owned the lots, to foreclose the mortgage. Harkey, one of the defendants, filed a cross-bill and claimed that Shields was negligent in not recovering the debt from Taylor when he was solvent. Harkey also claimed that when John Taylor sold the lots to others, he failed to tell them about the mortgage. Elijah Taylor paid the balance of the note, and Shields dismissed the case.

Although Abraham Lincoln and James Shields were political enemies in the 1830s, they later reconciled to the point that Shields would call upon Lincoln and Herndon to handle legal business in the 1850s. On December 22, 1860, Shields wrote to President-elect Lincoln from California, “I am persuaded you will appreciate my motives in venturing to approach you on the subject of an appointment. I do it from considerations of old personal friendship and with an honest wish for the sake of the country that your administration may prove a blessing.” Shields went on to recommend a candidate as superintendent of the U.S. Mint in San Francisco. Shields himself served as a general in the Union Army during the Civil War.

William H. Herndon (1818-1891) was born in Kentucky and moved to Springfield, Illinois, with his family in 1823. After briefly attending Illinois College in Jacksonville, Herndon worked as a store clerk before studying law in the offices of Stephen T. Logan and Abraham Lincoln. After Herndon was admitted to the bar in 1844, Lincoln chose him later that year as his junior partner. The partnership of Lincoln and Herndon lasted until Lincoln’s death in 1865, and handled at least 3,200 cases in the county courts of central Illinois, the Illinois Supreme Court, and the federal courts in Illinois. After Lincoln’s assassination, Herndon began collecting reminiscences for a biography. He then shared his research with Ward Hill Lamon, who used it in his ghost-written biography. In 1889, Herndon published his own biography of Lincoln with co-author Jesse Weik.

James Shields (1806-1879) was born in Ireland and moved to the United States in 1827. A year later, he settled in Kaskaskia, Illinois, where he studied law and was admitted to the Illinois bar in 1832. Voters elected Shields as a Democrat to the state legislature in 1836, and that same year, he became auditor for the State of Illinois. As auditor, Shields helped to restore the finances of the state after the Panic of 1837, but the Whigs were critical of his efforts. In response to anonymous charges made in the Sangamo Journal by Abraham Lincoln and Lincoln’s fiancée Mary Todd, Shields challenged Lincoln to a duel in 1842. The two men traveled to an island in the Mississippi River that was part of Missouri (where dueling was not illegal), but negotiations and explanations averted an actual duel. In 1843, Governor Thomas Ford appointed Shields to the Illinois Supreme Court. He held that position for two years but resigned to accept an appointment as the commissioner of the General Land Office in Washington, DC. With the outbreak of the Mexican War, Shields resigned as commissioner to become a brigadier general of Illinois volunteers. In 1849, the legislature elected Shields as U.S. Senator from Illinois. In 1855, Shields lost his bid for reelection to Lyman Trumbull, and he moved to the Minnesota Territory. After Minnesota achieved statehood, Shields was elected as one of its U.S. Senators. After his term expired, he moved to San Francisco, California, and then to Mexico. When the Civil War began, Shields became a brigadier general and campaigned in the Shenandoah Valley. In 1863, he resigned his commission and returned to San Francisco, where he accepted an appointment as railroad commissioner. Three years later, Shields moved to Carrollton, Missouri, and reentered politics. In 1879, he was elected to fill out an unexpired term in the U.S. Senate and became the only person to have been a U.S. Senator from three different states.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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