Arbitration Agreement and Award to the State of Illinois Against Anson G. Henry, 14
July 18431
This agreement Witnesseth that Thomas Ford Governor of the State of Illinois for and on behalf of said State and Anson G Henry late state House Commissioner for himself mutually agree to submit all and singular
all controversies and differences between the said state and the said Henry of and
concerning the the receipt of money and the expenditure of the same in building the state House by the
late Board of state House Commissioners to the arbitrament and final determination
of Stephen J. Jankewictz Abraham Lincoln and Norman H Purple whose award or the award of a majority of whom is to be final and conclusive upon
the parties. It is also agreed that all kinds of legal evidence written, oral, positive
or circumstancial is to be admitted by said arbitrators and they are to try the cause in the manner
and give such thought to the evidence as would be given to it by a jury
June 30 1843
Thomas FordA. G. Henry<Page 2>
07/14/1843
seal A. Lincoln
seal N. H. Purple
seal
State of Illinois |
vs |
A. G. Henry |
We the Undersigned Arbitrators having carefully Examined the accounts in refference to the matters within Submitted between the State of Illinois and A G. Henry late
Treasurer of the Board of State house commissioners do find and award in favour of the State of Illinois against the Said Henry the Sum of Two hundred and Seventy
One Dollars Witness Our hands & Seals at Springfield this 14th day of July AD 1843
Stephen J. Jankiewicz seal A. Lincoln
seal N. H. Purple
seal
12 days Each Services for Arbitrators
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1843
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Copied
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155 Day Book
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Agreement and Arbitration in relation to the case of Dr. Henry—
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Dr. A. G. Henry
late State House Comr[Commissioner]
late State House Comr[Commissioner]
1Thomas Ford authored the main body of the document, which he and Anson G. Henry signed.
Ford also authored the certification signed by Stephen J. Jankiewicz, Abraham Lincoln,
and Norman H. Purple.
David Spear had given Henry a promissory note for $262.50, but failed to pay it. Henry assigned
the note to Stephen T. Logan and then retained Logan & Lincoln to sue Spear to recover the debt. A jury found for Henry and awarded him $286.68.
The attorney general of Illinois then sued for an injunction to stop the execution
of the judgment, claiming that Henry had received the promissory note on behalf of
the State of Illinois in his capacity as a state employee, and that therefore the
State was the proper owner of the note. The parties agreed to arbitration, and Lincoln
was appointed one of the arbitrators.
Henry for use of Logan v. Spear, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=139124.
Handwritten Document Signed, 5 page(s), Lincolniana, Illinois State Archives (Springfield, IL).