Law Filing in the Hand of Abraham Lincoln Initiating a Case in the Very Early Days in His Famous Career

This document belonged to the great Lincoln collector and historian Jesse W. Weik, who sent it to the US House of Representatives Sergeant at Arms, from whose descendants we are acquired it

When Abraham Lincoln moved to Springfield, Illinois in 1834, attorney John Todd Stuart (who was a cousin of Lincoln’s soon-to-be wife, Mary Todd) encouraged him to study law and lent him the necessary books. Lincoln was admitted to the bar in 1837 and secured a place in Stuart’s law firm on April 15 of that year, remaining with Stuart from then until 1841. At that time, he took up practice with Stephen Logan and later go in practice for himself. Lincoln was a successful lawyer for almost 25 years and handled a variety of civil and criminal cases. He was also a circuit rider, traveling the prairie by horseback or buggy to courtrooms in the surrounding counties.

At the start of his legal career, in 1838, he represented Silas Harland in the case of Silas Harland vs. John B. Moffett and Thomas Moffett. Ultimately, in 1838, judgment was rendered in Harland’s favor by the default of the Moffetts, and Stuart and Lincoln chalked up a victory. The case is in The Uncollected Works of Abraham Lincoln.

Lincoln’s pleading in September 1838 explained the case. “Silas Harland plaintiff, complains of John B. Moffett and Thomas Moffett defendants…a plea of Tresspass on the case upon promises: For that whereas the said defendants…on the twenty-eighth day of December in the year 1837…made their certain promissory note in writing and…promised to pay on or before the first day of April next ensuing, to the said plaintiff the sum of $350.40 with twelve per cent per annum interest thereon from the tenth day of August 1837 till paid…and then and there delivered the said promissory note to the said plaintiff; by means whereof…they, the said defendants…became liable to pay to the said plaintiff, the said sum of money in the said promissory note…and then and there faithfully promised the said plaintiff to pay him the said sum of money…Yet the said defendants (although often requested so to do) 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 $500. And therefore he brings his suit &c Stuart &Lincoln for Plff.”

He provided the court with the promissory note. “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 hundred & 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 and Thomas Moffett”.

This document is Lincoln’s initial filing in the case. Autograph document signed, Springfield, September 10, 1838. After citing the name of the case and specifying that it was “Trespass on the case upon promises“ with damages of $500, Lincoln wrote: “The clerk of the Sangamon County circuit court will issue process in the above case returnable to the next term of said court.” Lincoln signed it “Stuart & Lincoln for Plff”. The clerk of court docketed it on the verso, naming the case and date filed.

This is the earliest Lincoln law document we can recall seeing. It was sent by noted historian and collector Jesse W. Weik to the Sergeant at Arms of the US House at the turn 19th century.