From Lincoln to Herndon to Harrison: An Original Law Document in Lincoln’s Hand Documenting His First Law Partnership, From the Personal Collection of William Herndon, His Last Law Partner, and Gifted to the Family of President Benjamin Harrison

Acquired from the Harrison descendants and offered for sale here for the first time since Herndon himself owned the piece.

Abraham Lincoln enjoyed a successful legal career in Illinois spanning nearly 25 years. Like most lawyers of his time, he did not attend law school. It was customary to study under established lawyers, but he lived in a rural village, and started his legal education by teaching himself.

John T. Stuart was a lawyer and a U.S. Representative from Illinois. He was a major in the Black Hawk War in 1832, where he first met Abraham Lincoln, who was in the same battalion as Stuart. Stuart encouraged Lincoln to study law and the two subsequently became law partners. If not for Stuart's influence, it is conceivable that Lincoln might never have actually engaged in the practice of law – and thus, might not ever have become president. After his law practice with Stuart dissolved, Lincoln formed two additional law partnerships – one with Stephen Logan and then a final one with William Herndon – which lasted until Lincoln became President.

Jesse Weik was a collaborator with William Herndon in writing the first authoritative biography of Abraham Lincoln.  Between 1885 and 1888, he combined his outside research with access to the primary research materials in the collection of Herndon, as well as several hundred pages of letters and essays written by Herndon himself setting out his own personal reminiscences of Lincoln. These he forged into the biography of Lincoln, which was published in 1889 under the title, Herndon's Lincoln: The True Story of a Great Life, listing Herndon and Weik as coauthors. In 1892, Weik published a revised version of the book (Herndon had died in 1891) titled, Abraham Lincoln: The True Story of a Great Life.  Weik was also a frequent contributor to newspapers, his articles being devoted to certain phases of Lincoln's career and other contemporary historical subjects.

In 1903, Weik sought out the son of President Benjamin Harrison, Russell Benjamin Harrison, writing this accompanying letter to him.  With it, he sent a document signed by Lincoln as attorney in his first law firm, Lincoln and Stuart, and asked in return for an autograph of Russell's father.  Autograph letter signed, Greencastle, Indiana, January 3, 1903.  "Dear Sir:  I beg to enclose herewith a document written by Abraham Lincoln in February 1840.  It came to me through the late William H Herndon who was for many years his law partner.  The paper is what is termed a praceipe [a paper that initiates a lawsuit] and was filed with other papers in the Sangamon County Illinois Circuit Court in a case tried in February 1840.  The writing was evidently done with a quill.  The firm name Stuart & Lincoln suggests the observation that Mr. Stuart (or Major Stuart as he was termed in the Black Hawk War) was Mr. Lincoln’s legal preceptor and his first law partner.  If agreeable I should like to have in return a paper or document written and signed by your father.  I believe your status that you have no autograph of your ancestor William Henry Harrison; but can you not suggest someone who can supply me.  Is there not someone in Cincinnati who is likely to have an extra one?  Was not your great grandfather county clerk there once? Very best, Jesse W. Weik."

Amazingly, the original document signed and drafted by Lincoln is present.

Autographed Document Signed, February 1840, being the very legal document mentioned above and filed with the Sagamon Circuit Court.

"John W. Tydings & James H. Widney trading and doing business under the name
style and firm of Tydings & Widney vs Wesley Hathaway & Samuel N Fullenwider

"Stuart & Lincoln"

Hathaway and Fullenwider had given the firm of Tydings and Widney a promissory note for $1,108.24, but failed to pay.  The creditors retained Stuart and Lincoln and sued Hathaway and Fullenwider in an action of debt.  Tydings and Widney later dismissed the case.

What makes this document so remarkable is that it was written by Abraham Lincoln in conjunction with his first law firm, saved by William Herndon, his final law partner, passed to Jesse Weik, the first Lincoln biographer, and gifted to the Harrison family, from whom we have just acquired it directly. It is offered for sale here for the first time since Herndon himself owned the piece.