Abraham Lincoln Represents His Friend Dr. William Fithian in a Complex Legal Case Regarding Mortgages and Debts That Went on for Years
Lincoln receives the debt satisfaction, and signs the receipt with his iconic “Lincoln & Herndon” signature
During the Civil War, Lincoln made Fithian a Provost Marshal, and hearing that Fithian’s step-sons may have been killed in action, Lincoln, according to Ward Hill Lamon, “broke into tears…”
William Fithian was a physician who resided at Danville, Illinois. He was also a leading Whig, elected representative (1834) and senator (1838,...
During the Civil War, Lincoln made Fithian a Provost Marshal, and hearing that Fithian’s step-sons may have been killed in action, Lincoln, according to Ward Hill Lamon, “broke into tears…”
William Fithian was a physician who resided at Danville, Illinois. He was also a leading Whig, elected representative (1834) and senator (1838, 1842) in the state legislature. He knew Lincoln well and they considered each other as friends. Major Mordecai Mobley was a former resident of Sangamon County who had removed to Dubuque, Iowa, where he was appointed receiver for the land office in 1849. Mobley owed Fithian money, including some for land secured by mortgages, and there were some interlocking transactions with third parties making the case complicated. But Lincoln won a judgment for Fithian on August 29, 1849. The next task was to try to collect it.
Two weeks after securing the judgment, on September 14, 1849, Lincoln wrote Fithian, saying “The notes and mortgage you enclosed me were duly received. I also got the original Blanchard mortgage from Antrim Campbell, with whom Blanchard had left it for you. I got a decree of foreclosure on the whole; but owing to their being no redemption on the sale to be under the Blanchard mortgage the court allowed Mobley till the first of March to pay the money, before advertising for sale. Stuart was empowered by Mobley to appear for him, and I had to take such decree as he would consent to or none at all. I cast the matter about in my mind, and concluded, that as I could not get a decree before March at any rate, and as taking a decree now would put the accrued interest at interest, and thereby more than match the fact of throwing the Blanchard debt back from 12 to 6. per cent, it was better to do it. This is the present state of the case.”
On February 16, 1850, with a sale of one of the properties to satisfy its mortgage imminent, Lincoln wrote Fithian: “Majr. Mobley writes me that he shall try to be here at the sale; and I think it will be to your interest to be here also. Both being present, you can by agreement, sell a piece on credit whenever you see any thing can be made, or saved by it.”
The case was still going on a few years later. Lincoln received a letter from Fithian, along with two drafts for Fithian drawn on Mobley. When paid, the drafts would defray the judgment Lincoln won for Fithian in 1849. Fithian wrote on March 5, 1852, to Lincoln. “Your letter under date 2nd inst. I received this morning and from it I learn I presume correctly the situation of the matter between Major Mobley and myself. I feel entirely willing to make the deduction of $90 on his indebtedness to me and to receive the two drafts you mentioned as amounting to $949.34 in full satisfaction for my judgment against him. You will therefore if you please enter satisfaction conditioned that the draft shall be promptly paid at maturity; or leave the entering satisfaction open until I shall inform you the drafts are honored. It will be important for me to have possession of the drafts soon as possible, on account of the length of time they have to run. I shall leave to Washington City and New York within a few days, can I serve you at either place.
“O.L. Davis wishes me to say to you he is employed in a case (Wm. H. Brown vs Andrew Mekeinson and others) in which Mr. Brown wishes to retain you.” O.L. Davis was a Danville attorney. Brown was a prominent businessman and Republican in Chicago.
This is Lincoln’s receipt for the drafts. Autograph document signed with the iconic “Lincoln & Herndon” signature, Springfield, Ill. “Received, March 10th, 1852, the two drafts mentioned in the within letter, which when paid, will entitle Mr. Mobley to an entry of satisfaction of full balance due on a certain degree in the Sangamon County Circuit Court in favor of Mr. Fithian and against said Mobley. And with the papers of which case this letter & memorandum is now filed.” It is signed “Lincoln and Herndon, for Fithian”. A notation below states, “Fithian vs Mobley, Receipt”.
Lincoln’s story with Fithian didn’t end there. Lincoln made Fithian a Provost Marshal during the Civil War, and Fithian also cared for wounded soldiers after the Battle of Pea Ridge. Then came December 1862. Fithian’s stepsons, Lt. Col. John C. Black of the 37th Illinois, and his brother William P. Black, were badly wounded in the Battle of Prairie Grove in northwest Arkansas on December 7. Ward H. Lamon relates, “I shall never forget the scene, when I took to Mr. Lincoln a letter written by Dr. Fithian to me, describing the condition of the Black boys, and expressing his fears that they could not live. Mr. Lincoln read it, and broke into tears…” On December 14, 1862, Lincoln wrote Gen. Samuel Curtis, “If my friend Dr. William Fithian, of Danville, Ill., should call on you, please give him such facilities as you consistently can about recovering the remains of a step-son and matters connected therewith. A. Lincoln.” We carried that very letter some years ago, making this our second Lincoln piece relating to Fithian.
Frame, Display, Preserve
Each frame is custom constructed, using only proper museum archival materials. This includes:The finest frames, tailored to match the document you have chosen. These can period style, antiqued, gilded, wood, etc. Fabric mats, including silk and satin, as well as museum mat board with hand painted bevels. Attachment of the document to the matting to ensure its protection. This "hinging" is done according to archival standards. Protective "glass," or Tru Vue Optium Acrylic glazing, which is shatter resistant, 99% UV protective, and anti-reflective. You benefit from our decades of experience in designing and creating beautiful, compelling, and protective framed historical documents.
Learn more about our Framing Services