Jonathan Haines to Abraham Lincoln, 13 August 18581
Pekin August 13th 1858 A Lincoln Esqr[Esquire] Havanna IllsDr[Dear] SirI have just returned from Chicago. Mr Prettyman was with me, we went to Rockford and saw Talcott, he would not say any thing, giving as a reason that Watson attended to the whole matter. Watson is expected out in a few days. I left a line
for Watson to call and see us at this place, and requested Talcott to say to him, that if he would let us know on what grounds
he intended to defend, it might be the means of us withdrawing the suit ang giving the matter up.
We filed the bill and suppose it will be process will soon be served2
Judge Drummond told me that Dickey had done nothing in the appeal case.
Would it not be well to order an execution3 which we suppose, will put a stop to his intention of delays, in threatning to carry up &c[etc]4
YoursJonathan HainesYou can order an Execution by lettr I suppose, and the sooner the better.J. H.<Page 2>
Hon A. Lincoln5<Page 3>
[Envelope]
J. Haines6
2Haines is discussing the case Haines & Haines v. Talcott et al. In the case, brothers Jonathan Haines and Ansel Haines sued Wait Talcott, along with the other surviving representatives of Manny and Company, for infringement upon a patent for a reaper (a kind of harvesting machine). The
Haines brothers retained Abraham Lincoln, who launched the case in July 1858.
Lincoln and the Haines brothers corresponded at least three more times regarding the
case after this letter. Lincoln also corresponded with other individuals regarding
this case at least five times.
In 1859, Lincoln wrote to Peter H. Watson, the attorney for Talcott, requesting that
they try the case in separate pieces. Watson refused. The trial was delayed because
both sides needed to take depositions. No additional correspondence related to the
case has been located beyond October 1859. Lincoln most likely represented the Haines’
interests until he was elected president in the 1860 Federal Election, but the final outcome of the case is unknown.
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), https://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=137699; Jonathan Haines to Abraham Lincoln; Ansel Haines and Jonathan Haines to Abraham Lincoln; Abraham Lincoln to Jonathan Haines; Abraham Lincoln to Peter H. Watson; Peter H. Watson to Abraham Lincoln; Peter H. Watson to Abraham Lincoln; Abraham Lincoln to Peter H. Watson; T. Lyle Dickey to Abraham Lincoln.
3In American law, an execution is the process of executing a court’s order in a case.
In cases where a judgment had been passed, but the court’s order not carried out,
a party in the suit could file for an execution of decree. This was generally used
in cases in which one party had failed to follow or execute a decree of the court.
“Execution,” Reference, Glossary, Martha L. Benner and Cullom Davis et al., eds.,
The Law Practice of Abraham Lincoln: Complete Documentary Edition, https://lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference%20html%20files/Glossary.html; Henry Campbell Black, A Dictionary of Law (St. Paul, MN: West, 1891), 455.
4In these last two sentences of the letter, Haines references Haines v. Rugg, another case in which Lincoln represented him. In that case, Haines sued George H. Rugg in the U.S. Circuit Court, Northern District of Illinois in the fall of 1856 for also infringing upon his reaper patent. T. Lyle Dickey represented
Rugg. The case went to trial before Judge Thomas Drummond in March 1858, and lasted
just four days. The jury ruled for the plaintiff and awarded Haines $2,300 in damages.
Rugg ultimately 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.
Lincoln also wrote or received at least twelve other pieces of correspondence related
to Haines v. Rugg and Rugg v. Haines.
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; Judgment, Document
ID: 67772, 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; Abraham Lincoln to Jonathan Haines; Abraham Lincoln to Jonathan Haines; Jonathan Haines to Abraham Lincoln; Ansel Haines and Jonathan Haines to Abraham Lincoln; Thomas Drummond to Abraham Lincoln; Abraham Lincoln to Jonathan Haines; T. Lyle Dickey to Abraham Lincoln; T. Lyle Dickey to Abraham Lincoln; Jonathan Haines to Abraham Lincoln; T. Lyle Dickey to Abraham Lincoln; T. Lyle Dickey to Abraham Lincoln; Martin R. M. Wallace to Abraham Lincoln.
Autograph Letter Signed, 3 page(s), Abraham Lincoln Papers, Library of Congress (Washington, DC).