Papers Of Abraham Lincoln

Abraham Lincoln to J. Young Scammon, 2 January 18491
Washington, Jan. 2. 1849.Friend Scammon:
Your letter in relation to the suit of the U.S. vs[versus] City of Chicago was received last night.2 I learned of the clerk this morning that the case has been argued by the Attorney General, and by no one on your side– There is leave, however, to file a printed argument. I have procured a copy of the record, shall examine it, and, perhaps write you again–
Yours as everA. Lincoln 3

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[ docketing ]
01/02/1849
Scammon, Jonathan Y.

A. Lincoln,
Jany.[January] 2. 1849.4

1Lincoln wrote and signed this letter.

2Scammon’s letter has not been located.

3The case in question, United States vs. City of Chicago, concerned part of Fort Dearborn, an abandoned federal property, claimed by the city for the purpose of opening Michigan Avenue and other roads to the north of Madison Avenue. The city passed an ordinance to remove the obstructions in the fort to extend the streets. Viewing Fort Dearborn as federal property, the United States filed for an injunction to prevent the city from destroying federal property. The city claimed that the Secretary of War had laid out an addition, called the Fort Dearborn Addition to Chicago, and that the city was simply carrying out those plans. The district judge granted the injunction, and upon the hearing for a continuance, the district and circuit judges differed in opinion. The court certified three questions to the U. S. Supreme Court to determine, in effect, whether Chicago had the right to open city streets through federal property. Lincoln monitored the case in the Supreme Court for Scammon but did not argue the case before the Court. The circuit court finally dismissed the case in 1870.
For more on this case, search “United States v. Chicago, Illinois,” 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; Roy P. Basler, ed., The Collected Works of Abraham Lincoln (Westport, CT: Greenwood, 1974), 10:13.

4Scammon wrote this endorsement.