William M. Fishback to Clark M. Smith, 1 December, 18581
Ft Smith Ark. Dec 1st 1858Mr C. M. Smith:Dear Sir:You see I have been quite a traveller since I last wrote you– After two weeks trip I reached this place last night. I would greatly prefer living in your city if I were not afraid of my cough.2 Nor do I see how I am to sustain myself at Law here– The place however is growing
rapidly "they say".3 It cost me nearly all the mony I brought with me to get here so that I shall need what I spent in my travels in
Ill. last Spring. I hope Mr Lincoln will be able to make his collections soon.4 You will please forward it as soon as he pays it over–
Remember me to him and to my friends in the store and believe me Your
Obliged & obed't Serv't[obedient Servant]W. M. Fishback<Page 2>
3Fort Smith grew from a population of 964 in 1850 to 1,532 in 1860.
Benjamin Boulden, “Fort Smith (Sebastian County),” CALS Encyclopedia of Arkansas, https://encyclopediaofarkansas.net/entries/fort-smith-988/, accessed 23 January 2026.
4In January 1858, Abraham Lincoln and William H. Herndon represented Samuel C. Davis and Company in a lawsuit in the United States District Court, Southern District of Illinois. The company had received a promissory note for $712.16 from Robinson Warner. When
Warner failed to pay, Samuel C. Davis and Company retained Lincoln and Herndon and
sued him for $1,000. Warner also failed to appear in court, and the company was awarded
$744.99 in January 1858. However, in order for the awarded money to be acquired, some
of Warner’s land needed to be sold. Lincoln wrote Fishback expressing interest in
hiring Fishback to complete said canvass. Fishback agreed to perform the job of canvassing
Warner’s land in Illinois for Lincoln and Herndon in exchange for a share of the final compensation due the
lawyers. He spent three or four weeks and more than a hundred dollars of his own money
to visit every locality where Warner owned land and report on all of the land and
titles. Lincoln wrote Davis and Company on November 17, 1858, after they had complained of waiting an excessive
amount of time to be paid. Lincoln explained that, “the selling of land on execution
is a delicate and dangerous, matter,” and, “that it could not be done safely, without
a careful examination of titles, and also of the value of the property–” Lincoln continued to note that in order to complete these tasks,
“would require a canvass of half the State.” Fishback was finally paid $100 by Lincoln
and Herndon, through Samuel C. Davis & Company, in December 1858. Although Fishback
had moved to Arkansas that November, Lincoln suggested that he return to Illinois and make a career in
performing similar work for future lawsuit judgments. Fishback remained in Arkansas.
S. C. Davis & Co. v. Warner, 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=137657; William M. Fishback to Abraham Lincoln; Abraham Lincoln to Samuel C. Davis & Company; Abraham Lincoln to William M. Fishback; Carl H. Moneyhon, "Fishback, William Meade," American National Biography
, ed. by John A. Garraty and Mark C. Carnes (New York: Oxford University Press, 1999),
7:954.