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Lot 78
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Abraham Lincoln Writes Over 130 Words in 1841 Case
Abraham Lincoln Writes Over 130 Words in 1841 Case
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Abraham Lincoln
Vermilion County, IL, ca. May 1841
Abraham Lincoln Writes Over 130 Words in 1841 Case
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ABRAHAM LINCOLN, Autograph Document, Signed for John J. Brown, Replication in case of Fithian v. Walker, ca. May 1841, Vermilion County, Illinois. 1 p., 8" x 13.125". Loss on left edge, affecting first paragraph and file note on verso; light toning.

In January 1838, attorney Isaac P. Walker gave William Fithian a promissory note for $200, which was to be co-signed by McRoberts. In exchange, Fithian would donate a tract of land in Danville to the state of Illinois. After Walker paid only $100 on the note, Fithian retained Lincoln and sued Walker in May 1841 in an attempt to recover the remaining $100. Lincoln worked with local attorneys John J. Brown and Josiah McRoberts on the case.

Isaac P. Walker served as his own attorney and pleaded in the May 1841 term of the Vermilion County Circuit Court. Among other things, Walker pleaded that the promissory note "was drawn for the express purpose of being signed by one Samuel McRoberts in conjunction and jointly with said Deft. and said Deft in fact says that he signed said note with the express understanding that the same was to be signed by said McRoberts, and that the same was not complete until he signed." Walker also pleaded that "the consideration for said note, and on which the same was founded was an indebtedness of sd. Deft. to said plff. of one hundred dollars only, and not two hundred dollars."

Lincoln wrote this replication to "join" the issue, so it could be decided by the judge or jury. In this case, attorney John J. Brown filed an amended declaration on October 8, 1841, and the case was not resolved until the May 1842 term of the Vermilion County Circuit Court. The parties ultimately reached an agreement, and the court recorded: "This day came the plaintiff by Lincoln his attorney, and the defendant in his own proper person, and upon their agreement, it is ordered, that the said plaintiff recover of the said defendant the Sum of One hundred dollars for his damages by reason of the premises. Therefore it is considered that the said plaintiff recover of the said defendant, the said sum of one hundred dollars, his damages aforesaid, together with his costs and charges by him about his Suit in this behalf expended, and that execution issue therefore. And it is further agreed by the parties herein that execution shall not issue, until after the expiration of six months." It is likely that Walker, confronted with the evidence, agreed to a settlement to minimize court costs, which already amounted to $8.62, in exchange for a delay of six months to pay the judgment.

Complete Transcript
William Fithian
vs
Isaac P. Walker
And the said plaintiff comes, and as to the plea of the said defendant by him secondly above pleaded, says preclude non, because he says that at the time said note was executed by said defendant, there was no understanding that said note was incomplete and not binding on said defendant, unless it should be signed by said Samuel McRoberts, and of this he puts himself upon the country &c.
Brown p.q.
And for Replication herein to the plea of the said defendant by him thirdly above pleaded, plaintiff says preclude non, because he says that the said defendant when &c. did not pay to said plaintiff said sum of one hundred dollars as he has in said plea alleged, and of this he puts himself upon the country &c.
Brown p.q.

John J. Brown (1810-1850) was born in Tennessee and settled in Danville, Illinois, around 1839. He and William Fithian contended for the same seat in the Illinois Senate in 1842 in a particularly bitter contest. Though both candidates were Whigs, Democrats generally supported Brown. Brown represented Vermilion County in the state legislature from 1840 to 1841. Brown moved to Chicago around 1846 and taught briefly in a law school there. He also served as a Whig presidential elector from Chicago. He died in the 1850 cholera epidemic in Chicago.

William Fithian (1799-1890) was born in Ohio and trained as a printer. He also studied medicine and moved to Danville, Illinois, in 1826. He practiced medicine and became involved with the Whig Party. He was elected to the Illinois House of Representatives in 1834 and served for two years. In 1838, he ran successfully for the Illinois Senate, serving from 1838 to 1846. He hired Abraham Lincoln as his attorney at least six times. He joined Abraham Lincoln as a presidential elector for Republican John C. Frémont in 1856 and campaigned for Lincoln in 1860. During the Civil War, Lincoln appointed Fithian as the Provost Marshal of the 7th Congressional District, and he also served as a civilian doctor.

Isaac P. Walker (1815-1872) was born in Wheeling, (West) Virginia, and moved as a child with his family to Illinois. He moved to Danville, Illinois, where he worked as a store clerk and pursued his education. He read law in the law offices of Samuel McRoberts (1799-1843). Walker gained admission to the bar in 1834 and became a junior partner to McRoberts. In 1838, he was elected as a Democrat to represent Vermilion County in the Illinois House of Representatives. When McRoberts was elected to the U.S. Senate in 1841, he transferred his entire law practice to Walker. In December 1841, Walker moved to the Wisconsin Territory, where he settled in the village of Milwaukee and became one of the most active attorneys in the territory. In 1846, he was elected probate judge for Milwaukee County. He won election to the territorial assembly and was chosen as speaker. After Wisconsin became a state in 1848, the legislature selected Walker as one of its first U.S. Senators and reelected him in 1849 for a full term. Although he was personally opposed to slavery, he proposed the organization of the entire Mexican Cession as a territory to be governed by the President without restrictions on slavery. Many of his constituents were outraged, and the Wisconsin legislature passed a joint resolution calling for Walker's resignation from the U.S. Senate. Near the end of his term, he voted against the Kansas-Nebraska Act of 1854. After an unsuccessful campaign for the Wisconsin Senate in 1855, Walker retired from politics and focused on his law practice. He supported Stephen A. Douglas in 1860 but became a strong supporter of the Union cause and endorsed Abraham Lincoln's reelection in 1864.

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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  • Dimensions: 8" x 13.125"
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