In Graham v. Busher, Lincoln & Herndon lose an appeal from a justice of the peace court when the court finds for defendant. Lincoln & Herndon represent the defendant in an assumpsit case, Branson v. Stipp. They negotiate a settlement to the case with the plaintiff's attorneys. Pleas are filed in three other cases. Record.

In Moffett v. Lewis and Johnson, a case to resolve accounting differences between former business partners, Lincoln writes John B. Moffett's affidavit. Herndon-Weik Collection, Library of Congress, Washington, DC.

Lincoln & Herndon's client, Robert Wilbourn, wins the trespass case Wilbourn v. Crenshaw et al. when the jury finds the defendants guilty and assesses damages of $32.50. In Baker v. Browne, an attachment suit, the defendant defaults and the jury assesses $2,000 damages in favor of Lincoln & Herndon's client. Lincoln & Herndon repesent the defendant in a replevin case, Jackson v. Brown, and the plaintiff submits to a nonsuit. Lincoln & Herndon file pleas for the defendant in the trespass case, Penny v. McHenry. Record.

In Penny v. McHenry, the plaintiff's attorneys, Stuart and Edwards, file a demurrer to the defendant's pleas, filed by Lincoln & Herndon the day before. In Enyart v. McAtee, the court overrules the respondent's demurrer to the complaintant's bill of complaint filed last month by Lincoln & Herndon. Later in the day the respondent files his answer and Lincoln & Herndon file a replication to the answer. The court continues Coon v. Lloyd et al.Record.

Lincoln buys seven pounds of sugar for 50¢. Bunn Journal.

Lincoln & Herndon, representing the plaintiff Joseph Nelson, file a demurrer to the defendants' plea in the replevin case Nelson v. Busher and Nelson. The court sustains the demurrer and dismisses the case against the defendant Nelson. Busher's attorney withdraws all pleas except a plea of non detinet. Lincoln & Herndon's client confesses the plea, the court dismisses the case and orders Nelson to pay all court costs. The court overrules the plaintiff's demurrer to the defendant's plea filed on Tuesday in Penny v. McHenry. Lincoln & Herndon, who represent the defendant in the case, request a continuance. Lincoln buys 50¢ worth loaf sugar and pound of candles (40¢). Bunn Journal.

After busy day in court, Lincoln attends sympathy meeting for Louis Kossuth and Hungarian revolutionists. E. D. Baker speaks, and Lincoln, appointed to committee on resolutions, writes and presents committee's report, which is adopted. Illinois Journal, 7 September 1849; Resolutions of Sympathy with the Cause of Hungarian Freedom, 6 September 1849, CW, 2:62.

In People v. Sullinger, an indictment for keeping a disorderly house, Lincoln & Herndon enter plea of guilty to first count in indictment. The state agrees not to prosecute on the remaining counts in the indictment. The court continues the chancery case Penny v. McHenry et al.Record.

The defendants default in the foreclosure case Condell Jones & Company v. Dresser et ux. The court awards the complainants, represented by Lincoln & Herndon, $1,173.62 and orders the mortgaged property in question be sold to pay the judgment. Record.

Lincoln writes court decree. Herndon-Weik Collection, Library of Congress, Washington, DC.

The court continues Lincoln & Herndon's only case this day before the Sangamon County Circuit Court. They represent the complainant, Robert S. Plunkett, in the divorce case Plunkett v. Plunkett. Record.

Lincoln pays 30¢ for broom. Bunn Journal.

In People v. Sullinger, the court fines Lincoln & Herndon's client, Phillip Sullinger, $25 and court costs on an indictment for keeping a disorderly house. By agreement in Enyart v. McAtee, the court sets the case for hearing next term. The court grants Lincoln & Herndon, who represent the complainant, an injunction restraining the defendant from cutting timber on the property in question pending a settlement. The court continues the trespass case Penny v. McHenry. Record.

Lincoln & Herndon represent the complainants in Webster & Huntington v. French et al. Three defendants default. Four defendants file demurrers which the court sustained. In Moffett v. Lewis & Johnson, in which Lincoln & Herndon represent the complainant, the court permits them to file a bill of exceptions for appeal to the Illinois Supreme Court. Preparing for the appeal, Lincoln writes the exhibits he filed for evidence during the trial, and a memorandum of process by which decision was reached. Then he writes court decree and order granting appeal. In Watson v. Sangamon and Morgan Railroad the court refers the case to arbitrators. Record; Herndon-Weik Collection, Library of Congress, Washington, DC.

At his office, Lincoln talks to George D. Berry, from Christian County, who wishes to sue John S. Cagle for trespass. Lincoln writes declaration alleging that Cagle caused Berry's daughter Elizabeth to bear illegitimate child and be sick for nine months. Lincoln & Herndon ask $1,000 damages, asking clerk of Christian County to file declaration and subpoena eight witnesses. Record.

Lincoln writes two patronage letters. He recommends Hart Fellows of Schuyler County for Oregon appointment to Secretary of State Clayton. He tells Elisha Embree of Indiana that he has already made a recommendation for secretary of Oregon Territory. Abraham Lincoln to John M. Clayton, 12 September 1849, CW, 2:62; Abraham Lincoln to Elisha Embree, 12 September 1849, CW, 2:63.

Lincoln writes to William Fithian explaining status of his suit against Mobley et al., which came before Circuit Court August 29, 1849. "The court allowed Mobley till the first of March to pay the money, before advertising for sale. Stuart was empowered by Mobley to appear for him, and I had to take such decree as he would consent to or none at all." Abraham Lincoln to William Fithian, 14 September 1849, CW, 2:63.

Lincoln reminds Secretary of State Clayton that Simeon Francis will accept Oregon secretaryship, and lists 12 Whigs who support Francis. Abraham Lincoln to John M. Clayton, 15 September 1849, CW, 2:64.

He buys $1.02 in "sundries." Bunn Journal.

Lincoln again writes to Secretary of State for Simeon Francis, saying he ought to be appointed, testifying to his long party service and honesty. Abraham Lincoln to John M. Clayton, 16 September 1849, CW, 2:64.

Preparing to go on circuit, Lincoln buys umbrella (75¢), and $2.13 in other merchandise. Irwin Ledger.

Lincoln buys groceries for family ($4.86) before departure. Irwin Ledger.

In the Tazewell County Circuit Court, at Pekin, Lincoln writes plea for the defendant in Boyle v. Stafford. Lincoln also writes an amendment to the original answer of two of the defendants in Pearl v. Pearl et al.Photocopy.

[Mrs. Lincoln buys $4.35 in "sundries." Bunn Journal.]

["We learn by despatch from Washington that the Governorship of Oregon . . . has been tendered to the Hon. A. Lincoln, of this city. Mr. Lincoln being absent from home, we have no means of knowing, for a certainty, whether he will accept it or not. Judging from what we know of Mr. L's present position, we are inclined to the opinion that he will decline the appointment." Illinois Journal, 26 September 1849.]

Lincoln writes Secretary Ewing declining Oregon governorship, about which Lincoln read in the papers. He sends letter to Dr. A. G. Henry at Springfield, for dispatch through Whig channels. They hold it up, thinking Lincoln has declined in haste and might reconsider. Abraham Lincoln to Thomas Ewing, 27 September 1849, CW, 2:65; Abraham Lincoln to Thomas Ewing, 27 September 1849, CW, 2:66.

[A. G. Henry, Springfield, chairman of Whig state executive committee, announces that Lincoln declines governorship of Oregon. ISLA—Files.]

Tazewell Circuit Court adjourns. Record.

[Secretary Ewing telegraphs to Lincoln at Springfield that the President wishes to hear from him immediately.] Miller, 392.

[Mrs. Lincoln buys "sundries," 56¢. Bunn Journal.]

Lincoln telegraphs Secretary Ewing declining Oregon governorship, then writes letter explaining delays in communication while he was out of town. He writes Secretary of State Clayton, who says he has not heard from Lincoln as nominee for secretary of Oregon. Astonished, Lincoln writes that he promptly declined by letter. He writes John Addison, his friend at interior, Washington, thanking him for his efforts in governorship matter. "I cannot consent to accept it." Abraham Lincoln to Thomas Ewing, 27 September 1849, CW, 2:65; Abraham Lincoln to Thomas Ewing, 27 September 1849, CW, 2:66; Abraham Lincoln to John M. Clayton, 27 September 1849, CW, 2:65; Abraham Lincoln to John Addison, 27 September 1849, CW, 2:65.

[Illinois Journal reports (October 3, 1849): "We have understood that Hon. Abraham Lincoln has declined the office of Governor of Oregon."]

Mrs. Lincoln buys half gallon of vinegar for 13¢. Bunn Journal.