Abraham Lincoln, Pleading - Signed Three Times by Abraham Lincoln

7.5 X 12 Hand written, hand signed ink on paper A Rare and Lengthy, Two-Page Legal Plea in Abraham Lincoln’s Own Hand from 1843, Signed Three Times, From When He Represented the Sheriff of Tazwell County, Illinois. This document shows how towns and counties in the area relied on Lincoln during his time on the Illinois Circuit Court for legal representation. Lincoln won 90% of his legal cases, but alas not this one. This plea document, for the case of Biggs vs. Hall, is signed three times “Abraham Lincoln p.d.” indicated he, Lincoln, is pleading for the defense. This document has been authenticated by the Raab Collection, one of the country’s foremost certifiers of important American historical artifacts. The case was tried at the Tazewell County circuit court in 1843. Hall recovered a judgment against the steamboat “Fayette” for $169.39 (about $7,300.00 today) The court issued an execution and attachment on the steamboat, but the owners failed to satisfy the judgment. Hall sued Biggs in an action of trespass on the case for neglecting his duty as sheriff by allowing the steamboat to leave without satisfying the execution. Biggs retained Lincoln and pleaded not guilty. The court ruled for Hall and awarded him $197.27 (about $8,500.00 today). When Tazewell County was organized in 1827 voters elected Benjamin Biggs county commissioner. He served as the county commissioner from 1827 to 1830; county coroner, 1831; as county treasurer, 1835 to 1836; and as sheriff 1840 to 1844. During his 10 tenure as sheriff Biggs retained Abraham Lincoln on six actions of trespass. The case of Biggs 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 in 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 this he puts himself up 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 writ of attachment, as in the declaration mentioned, said boat, etc., was in 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 writ: (Here insert it) that at the time of the execution in the declaration mentioned came to the hands of this defendant said boat, etc. were not, nor ever have been since, in the county of Tazewell; that this defended on the day of A.D.___ returned said bond into this court, and ever since the issuing of said execution, he has been, and is still ready to assign said bond to said plaintiff according to the form of the statue in such case made and provided. And he is ready to verify, wherefore he prays judgment. Lincoln P.D. And for a further plea in his 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 Alexander, as his servant, for safe-keeping, and 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 said Alexander, so that the execution mentioned could not be levy thereon; and he is ready to verify wherefore he prays judgment etc. Lincoln PD We thank the Lincoln Legal Papers in Springfield, Illinois for the information on the case that it provided.

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