Abraham Lincoln to Jonathan Haines, 24 November 18561
Springfield, Novr 24. 1856Jonathan Haines, Esq.[Esquire]Dear Sir:Your letter, asking instructions as to taking depositions of witnesses at a distance,
is received–2 You know, I think our case is not yet ready for taking depositions; but as you
wish to take them, notwithstanding, I give you such instructions as I can– There
are two ways– First, notify the opposite party, or his lawyer, in writing, that
on such a day (more than ten days after you give the notice) you will send out from
the Clerk’s office a commission to take the depositions– The notice must contain a
copy of the interrogatories intended to be put to each witness–3 Then notices will have to be drawn up by a lawyer; and I can not do it unless you were here with me to give names, places of residence, and questions to be asked–
Second, go to some lawyer, near where the witnesses live, who is in the habit of
practicing in the U.S. Court, and get him to superintend the taking of the depositions de bene esse as the law-
<Page 2>
yers call it–4 He will know how to do it– The latter is the mode I would advise in the present case–
I really do not know when the next term of court begins; but as you pass Chicago, you can learn in a moment–5
Yours trulyA Lincoln3Lincoln is outlining the regulations pertaining to the mode of taking depositions
as specified by the Illinois General Assembly in a law enacted in February 1827.
“An Act Regulating the Mode of Taking Depositions, and to Provide for the Perpetuating
of Testimony,” 9 February 1827, Revised Laws of Illinois (1827), 174-79.
4De bene esse is a Latin phrase meaning “conditionally; provisionally; in anticipation of future
need.”
Henry Campbell Black, A Dictionary of Law (St. Paul, MN: West, 1891), 321.
5The U.S. Circuit Court, Northern District of Illinois met in Chicago, Illinois on
both the first Monday each July and the third Monday each December; therefore, the
court’s next term after this letter commenced on Monday, December 15, 1856.
Haines’ reply, if he wrote one, has not been located. However, Haines and Lincoln
exchanged at least seven more letters related to this legal case. Haines is discussing
the case Haines v. Rugg. In the fall of 1856, Haines sued George H. Rugg in the U.S. Circuit Court, Northern District of Illinois for infringing upon his
patent on a reaper (a kind of harvesting machine). Lincoln represented Haines and
T. Lyle Dickey represented Rugg. The case went to trial in March 1858 and lasted just four days.
Judge Thomas Drummond ruled for the plaintiff and awarded Haines $2,300 in damages. Rugg appealed this
decision to the U.S. Supreme Court in the case, Rugg v. Haines. Lincoln represented Haines until he was elected president in the 1860 Federal Election. Rugg v. Haines commenced December 9, 1862. On December 15, 1862, Justice Roger B. Taney upheld the lower court’s decision and awarded Haines $2,300 in damages as well as
costs expended in the suit.
In 1858, Haines also sued Wait Talcott, along with the other surviving representatives of Manny and Company, in a separate case for infringement upon his reaper patent. For additional information
on that case, see Haines & Haines v. Talcott et al., 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=137699.
“An Act to Divide the State of Illinois into Two Judicial Circuits,” 13 February 1855,
Statutes at Large of the United States 10 (1855):606; Abraham Lincoln to Jonathan Haines; Abraham Lincoln to Jonathan Haines; Jonathan Haines to Abraham Lincoln; Jonathan Haines to Abraham Lincoln; Ansel Haines and Jonathan Haines to Abraham Lincoln; Abraham Lincoln to Jonathan Haines; Jonathan Haines to Abraham Lincoln; Law Journal, Document ID: 87003; Newspaper Report, Document ID: 132925, Haines v. Rugg, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137748; Mandate, Document ID: 67773; Engrossed Docket, Document ID: 67777, Rugg v. Haines, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137749.
Autograph Letter Signed, 2 page(s), Andre De Coppet Collection, Princeton University (Princeton, NJ).