A Lengthy Plea in Abraham Lincoln’s Hand from 1843, Signed Three Times, Showing Adversity that he Saw in His Law Practice

This shows how towns and counties in the area relied on Lincoln for legal representation

 

Lincoln won 90% of his legal cases, but alas not this one. We thank the Lincoln Legal Papers in Springfield, Illinois, for the information on this case that it provided.

The case of Briggs vs Hall was tried at the Tazewell County Circuit Court in 1843. Hall recovered a judgment against the steamboat “Fayette” for $169 39. The court issued an execution and attachment on the steamboat, but the owners failed to satisfy the judgment. Hall sued Briggs in an action of trespass on the case for neglecting his duty as sheriff by allowing the steamboat to leave without satisfying the execution. Briggs retained Lincoln and pleaded not guilty. The court ruled for Hail and awarded him $197.27.

When Tazewell County was organized in 1827, voters elected Benjamin Briggs as county commissioner. He served as county commissioner, 1827-30; as county coroner, 1831; as county treasurer, 1835-36, and as sheriff, 1840-44. During his tenure as sheriff, Briggs retained Abraham Lincoln on six actions of trespass on the case. The case of Briggs vs. William A. Hall was one of these.

This is Lincoln’s draft answer to Hall’s complaint. It is two full pages in Lincoln’s hand and is signed by Lincoln thrice. Autograph document signed, Springfield, April 1843. “And the defendant comes and defends the wrong and injury, when, where etc. and says he is not guilty in manner and form as the said plaintiff in his sale declaration hath complained against him. And of this he puts himself upon the country. Lincoln p.d.” By upon the country, he means the fairness of the court and jury.

“And the plaintiff doth the like. Powell & Bravman attys.

“And for further plea in this behalf the defendant says actio non because he says, that at the time he seized the Steam Boat etc. on the writ of attachment, as in the declaration mentioned, said boat etc. was in the possession of one David C. Alexander, and that he then and there took a bond of said Alexander, with security thereto, and left said boat etc. in the possession of said Alexander, said bond being in the words and figures following, to wit: (Here insert it) that at the time the execution in the declaration mentioned came to the hands of this defendant said boat etc. were not, nor ever have since been, in the county of Tazewell; that this defendant on the day of A .D._ returned said bond into this court, and ever since the issuing of said execution, he has been, and still is ready to assign said bond to said plaintiff according to the form of the statute in such case made and provided. And that he is ready to verify, wherefore he prays judgment. Lincoln p.d.

“And for a further plea in this behalf, the defendant says act non, because the Steam Boat etc. upon the writ of attachment in the declaration mentioned, said boat was in the possession of one David C. Alexander, that he left said boat etc. in the possession of said Alexander, as his servant, for safe-keeping and that before the rendition of the judgment in the declaration mentioned, said boat [etc. la was/were sunk in the river, and wholly lost without any negligence on the part of this defendant or of the said Alexander, so that the execution mentioned could not be levied thereon; and this he is ready to verify wherefore he prays judgement etc.

Lincoln p.d.”

Lincoln won 90% of his legal cases, but alas not this one. We thank the Lincoln Legal Papers in Springfield, Illinois, for the information on this case that it provided.