Abraham Lincoln to Thomas L. Harris, 17 February 18571
Springfield, Feby 17. 1857Hon: T. L. HarrisDear SirYou perhaps know that old Erastus Wright ^is^ under an indictment, in the Federal court for a supposed perjury in an affidavit
to enter graduated land– He has been twice on trial, and each time a hung jury— first
7 for and 5 against him, and next, equally divided– Judge Treat would approve a dismissal of the prosecution, and so, I understand, would Mr Allen, the District Attorney, but he does not feel quite authorized to dismiss it, without
the approbation of Mr Streeter (Solicitor of the Treasury I suppose)He tells me he has written Mr Streeter to that effect, and is a little disappointed in not having received any
answer– I am convinced if you would see Mr Streeter, and press the matter a little, his approbation would be obtained– Please
do so– The poor old man has already suffered more than you or I would to be tried,
condemned, and hanged– Logan and I defended him on the first trial; and Col[Colonel] McClernand came in with us on the second– I write this with the knowledge and permission of
Mr Allen– Do get the thing fixed– I am sure you can–2
Your Obt Servt[Obedient Servant]A. Lincoln–(over)
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[ endorsement
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I heartily concur in the statement and request contained in the foregoing letter
Your obt. sevt.[obedient servant]John A. McClernandHon. Thos. L. Harris.3<Page 3>
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02/17/1857
02/17/1857
A. Lincoln & J. A. McClernand
Springfield February 17, 1857
as to Erastus Wright–
Springfield February 17, 1857
as to Erastus Wright–
[ endorsement
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F. B. Streeter Esq.[Esquire] Sol. Treas.[Solicitor of the Treasury]
F. B. Streeter Esq.[Esquire] Sol. Treas.[Solicitor of the Treasury]
The within statement made by Mr Lincoln & Mr McClernand both distinguished gentlemen & both ex members of congress from Ills. I think worthy of favorable consideration
very restply[respectfully]Thos L. Harrisansd[answered] & wrote to Mr Allen Dis. atty[District attorney] Feb.[February] 26, 1857.42Erastus Wright filed an application with the U. S. General Land Office in Springfield, Illinois, to purchase 320 acres on which he claimed to have settled.
However, legally, Wright had no claim to the land, and in October 1855, U.S. District
Attorney William J. Allen indicted Wright for perjury in the United States District Court, Southern District of Illinois. Wright hired Lincoln, Stephen T. Logan, and Thomas L. Harris to represent him and plead not guilty. The jury failed to reach
a verdict at the trial during the March 1856 term of the court. Wright’s lawyers withdrew
his plea and motioned the court to quash the indictment, and the court agreed.
In June 1856, Allen indicted Wright again for perjury. The jury again failed to reach
a verdict at the trial during the January 1857 term of the court. In February 1857,
both parties agreed to remand the case to the United States Circuit Court. At a meeting
of the Circuit Court on June 25, 1857, Judge Samuel H. Treat, ordered “Nolle Prosequi,” whereby Allen declared that he would not prosecute further
the case against Wright.
United States v. Wright, 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=137639; Order, Document ID: 66132, United States v. Wright, 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=137640; “Nolle Prosequi,” Reference, Glossary, Martha L. Benner and Cullom Davis et al.,
eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference%20html%20files/Glossary.html.
Autograph Letter Signed, 3 page(s), Vault, RG 206, Entry 58-B: Letters Received, 1801-1934, Other Sources, Miscellaneous Letters Received, 1803-1895, NACP.