THE FUTURE PRESIDENT FILES A SLANDER COMPLAINT AGAINST A DEFENDANT WHO “UTTERED AND PUBLISHED…FALSE, SCANDALOUS, MALICIOUS AND DEFAMATORY WORDS…”

LINCOLN, ABRAHAM. (1809-1865). Sixteenth President.  An autograph fragment [unsigned] of a legal complaint filed by Lincoln on behalf of his client. “September,  1852”, “Tazewell County, Illinois”.  One page, oblong, octavo. [8” x 3 ½ inches].  The fragment contains nearly 90+ words in his hand, and details the nature of the case as follows:

“ … conversation which he then and there had & held in the presence and hearing of divers good citizens of this state, of and concerning the said plaintiff, falsely and maliciously spoke, uttered and published, the false, scandalous, malicious, and defamatory words, following, that is to say “James E. Smith” (the plaintiff meaning) “swore a lie and I” (the defendant meaning)…”

 

The recto reads:

 

“Of the September Term / of the Tazewell County / Circuit Court AD 1852.  

…. James E Smith plaintiff complains of James C, Gaines, defendant, being in custody etc of a plea of Trespass on the case.”

 

As a local attorney in Springfield, Illinois, Lincoln represented clients for a wide variety of reasons. One can imagine Lincoln longing for the simplicity of this childish slander action whilst embroiled in the bitter struggle to save the Union.  Fine condition.

 

$5800.00