Isaac Gibson to Abraham Lincoln, 15 March 1851New york 15th March 1851 A. LincolnSpringfieldIllinois
It ^will^ be impossible for me to be with you this month. I write you fully by maill. Suits must be postponed.1Isaac Gibson Secretary
1Isaac Gibson references lawsuits Abraham Lincoln planned to bring against James A. Barret and Joseph Klein, Sr. on behalf of the directors of the Alton and Sangamon Railroad Company, which had retained Lincoln & Herndon to collect balances due on shares of capital stock purchased by stockholders.
The Illinois General Assembly chartered the railroad in February 1847 to construct and operate a railroad between Alton, Illinois, via New Berlin, and Springfield, Illinois. Section two of the company’s charter allowed the incorporators to issue $500,000 in stock at $100 per share, and section six required subscribers to purchase stock by paying $5 on each share subscribed at the time of subscribing and the balance in installments called for by a board of directors. The incorporators opened subscription for stock in May 1847. Many stock subscribers owned property near the proposed route. On January 29, 1851, however, the General Assembly altered the charter to allow the company to construct the road on a more direct route, bypassing the property of several stockholders. Believing that the change in route voided their subscription agreements, several investors refused to pay their remaining installments, and the company hired Lincoln & Herndon to collect the full subscriptions. Barret, Klein, and several of the delinquent subscribers were from Sangamon County, Illinois, and thirty-seven were from Madison County, Illinois.
Lincoln originally planned to also bring suit against Thomas J. Kirkpatrick and John M. Burkhardt, but Kirkpatrick and Burkhardt paid their installments, and the railroad dismissed its cases against them. Lincoln continued to work on the Barret and Klein lawsuits.
Lincoln hoped to depose Gibson in the Barret and Klein lawsuits. On February 26, Lincoln wrote Gibson, the secretary of the railroad, requesting that he bring the books of the corporation and appear before the Sangamon County Circuit Court at the opening of its spring session on March 17. Gibson responded to this letter with this telegram and a letter of the same day. Gibson gave his deposition in August 1851 in New York City.
"An Act to Construct a Railroad from Alton, in Madison County, to Springfield, in Sangamon County," 27 February 1847, Private and Special Laws of Illinois (1847), 144-49; Alton & Sangamon Railroad Stock Subscription Book; Stock Subscription Book, Document ID: 4967; Notice to Take Deposition, Document ID: 4791, 4914; Deposition, Document ID: 93976, Alton & Sangamon RR v. Barret, 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=138164; “An Act to Amend the Charter of the Alton and Sangamon Railroad Company,” 29 January 1851, Private Laws of Illinois (1851), 35; Declaration, Praecipe, Document ID: 4786, Order, Document ID: 5224, Alton & Sangamon RR v. Kirkpatrick, 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=138126; Declaration, Document ID: 4789; Order, Document ID: 5225, Alton & Sangamon RR v. Burkhardt, 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=138122; Notice to Take Deposition, Interrogatories, Document ID: 4783; Deposition, Document ID: 4927, Alton & Sangamon RR v. Klein, 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=138127; Abraham Lincoln to William Martin; Abraham Lincoln to William Martin. For full treatment of these cases, see Daniel W. Stowell et al., eds., The Papers of Abraham Lincoln: Legal Documents and Cases (Charlottesville: University of Virginia Press, 2008), 2:172-210.
Handwritten Transcription, 1 page(s), Lincoln Collection, Abraham Lincoln Presidential Library and Museum (Springfield, IL).