From the First Case from the Legendary Law Firm Lincoln & Herndon: an Unpublished Draft with Extensive Handwriting of Both Men

At the time Lincoln wrote this, he was running for Congress

It shows the relationship between perhaps the most famous senior and junior law partners

 

In his nearly 25 years as a lawyer in Springfield, Illinois, Abraham Lincoln had three partners. He joined John Todd Stuart as a junior partner, then started a new practice as a junior partner with Stephen T. Logan. In 1844 Lincoln and Logan took on William H. Herndon. In the fall of 1844, Lincoln was tired of being a junior partner. He had worked for senior partners with political ambitions, and Lincoln wanted a younger partner to whom he could relate. Logan and Lincoln dissolved their partnership in December 1844. Logan wanted to practice law with his son David, and Lincoln wanted to start his own law firm. In October Lincoln invited his friend William Herndon to form a partnership with Herndon as junior partner. Thus was born Lincoln and Herndon. The firm would become a legend. In all three firms, Lincoln functioned as a general practitioner, taking a wide variety of civil and criminal cases. Herndon did not disappoint his friend. He contributed to the practice by performing research for his older and more experienced partner, building the firm’s law library, and overseeing young men who came to study law (read the law) at their office.

Business began slowly for the new firm. Not until March 1845 was their first case heard in the Sangamon County Circuit Court. That first case was Hope v. Beebe et al, and was action in debt with Lincoln and Herndon appearing for plaintiff and Logan for defendant. Here is a description of that case: A plaintiff Norwood had won a replevin suit against the Beebee (also spelled Beebe) Brothers in the U. S. Circuit Court (Beebee Brothers v. Whitney & Norwood). Hope, the marshal of the U. S. Circuit Court, District of Illinois, to help Norwood collect what he was owed, retained Lincoln and Herndon and sued Beebee and others in an action of debt, the intent being to collect money ordered paid by the court. Beebee and others named on the replevin bond in the federal suit failed to perform the obligation of bond – they did not or would not pay. Beebee claimed that he was unable to pay because of another suit that Norwood instituted against Beebee.

On March 18, 1845, the case was continued and heard again in July, when Lincoln filed documents allowing for concessions on both sides. It was again continued until March of 1846. Lincoln, with the help of Herndon, then drafted another document, seemingly pointing to the another aspect of the suit and explaining why the plaintiff should not have to drop the suit.

In 1846, Lincoln was running for what would be his first elected position, Congressman. In August, he won that election and served one term. In March, he was campaigning and seeking to gain support.

Autograph document signed, “Lincoln & Herndon,” Springfield, late March 1846, in the hand of both partners, showing their collaboration. It begins in Lincoln’s hand: “And for further replication,” before switching to Herndons for the lines,” to the said plea of the said defendants by them above pleaded, said plaintiff says that to be further precluded from maintaining his said action against said defendants because of the matters in said plea alleged, he ought not because he says that since the pleading of the last plea by said defendants to wit on — day of February AD 1846, the said replevin suit by the said Norwood and Turner against the said Beebees in the Said plea mentioned, was by the same court at which it was pending, determined in favor of the said Beebees and against the said Norwood and Turner, and by the judgment of said court, a return of the bacon in the plea mentioned.”

Lincoln hand wrote the balance: “…Mentioned was awarded to the said Beebees, and also adjudged that the said Beebees should recover of and from the said Norwood and Turner the sum of $650, damages, and costs of suit, and this he is ready to verify. Wherefore he prays judgment.” At that time Lincoln was preparing for his run for Congress, his only national election until 1860.

The parties would later reach an agreement in March 1847, and the court dismissed the case. Lincoln and Herndon received fees of $25 for their legal services. A final version of this filed document is published by the Papers of Abraham Lincoln, as is the judge’s further March 1846 continuance. The present document is three pieces affixed, either by Lincoln or at a later date.

This is the only paperwork from Lincoln and Herndon’s first case we have ever seen on the market.