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January 05, 1858

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Tuesday, January 5, 1858.
Springfield, IL.

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Lincoln writes to Robert A. Kinzie of Chicago regarding the U.S. Circuit Court case of Johnston v. Jones and Marsh, a case more familiarly known as the "Sandbar Case." Plaintiff William S. Johnston is suing William Jones and Sylvester Marsh in a dispute over property rights involving Chicago's lakeshore. The dispute came about as a result of action that the federal government took in 1833 in an attempt to straighten the Chicago River's course. The government cut a channel across the litigants' lots, an action which resulted in sand washing up along the shoreline and over time creating new land nearly 1,200 fee wide. Prior to Lincoln's involvement in the case as one of the attorneys for defendant William Jones, the case had been heard in the U.S. Circuit Court, where the Court ruled in favor of the plaintiff. Jones appealed to the U.S. Supreme Court, which reversed the lower Court's decision. In his letter to Kinzie, Lincoln explains that he has "been engaged, as an attorney on Jones' side." Lincoln seeks some background information from Kinzie, who had once owned the disputed property and who had "laid out the addition" now in question. Lincoln writes, "I suppose you are aware that Johnson and Jones are at law about a portion of the made land attached to your addition to Chicago & and on the North side of the Harbor... and if you have no objection to do so, I shall be obliged if you will answer the following questions." U.S. Circuit Court, District of Illinois Transcript, filed 4 December 1854, Jones v. Marsh & Johnston, Record Group 267, REC1, case file 3201, National Archives and Records Administration, Washington, DC; Abraham Lincoln to Robert A. Kinzie, 5 January 1858, CW, 2:430-31.

In the Illinois Supreme Court, Lincoln files an assignment of errors in the appeal case of McDaniel et al. v. Correll et al. Lincoln wrote the document and signed it "Conkling & Lincoln & Herndon." Lincoln & Herndon and attorney James C. Conkling represent the appellants who seek to overturn the decision of the Sangamon County Circuit Court. The lower court ruled in favor of the appellees in a dispute among the heirs of William McDaniel. Assignment of Errors, filed 5 January 1858, McDaniel et al. v. Correll et al., Herndon-Weik Collection, Library of Congress, Washington, DC.

<div2 part='N' sample='complete' type='Revised' org='uniform'>
         <dateline> 
            <date value='1858-01-05'>Tuesday, January 5, 1858.</date> 
            <place key='39.8000, -89.6333' teiForm='name'>Springfield, IL</place>. </dateline>
         <p>Lincoln writes to Robert A.
  Kinzie of Chicago regarding the U.S. Circuit Court case of 
  <name type='case' key='L02337'>Johnston v. Jones and Marsh</name>, a case more
  familiarly known as the "Sandbar Case." Plaintiff William S. Johnston is suing
  William Jones and Sylvester Marsh in a dispute over property rights involving
  Chicago's lakeshore. The dispute came about as a result of action that the
  federal government took in 1833 in an attempt to straighten the Chicago River's
  course. The government cut a channel across the litigants' lots, an action
  which resulted in sand washing up along the shoreline and over time creating
  new land nearly 1,200 fee wide. Prior to Lincoln's involvement in the case as
  one of the attorneys for defendant William Jones, the case had been heard in
  the U.S. Circuit Court, where the Court ruled in favor of the plaintiff. Jones
  appealed to the U.S. Supreme Court, which reversed the lower Court's decision.
  In his letter to Kinzie, Lincoln explains that he has "been engaged, as an
  attorney on Jones' side." Lincoln seeks some background information from
  Kinzie, who had once owned the disputed property and who had "laid out the
  addition" now in question. Lincoln writes, "I suppose you are aware that
  Johnson and Jones are at law about a portion of the made land attached to your
  addition to Chicago &amp; and on the North side of the Harbor... and if you
  have no objection to do so, I shall be obliged if you will answer the following
  questions." <bibl default='NO'>U.S. Circuit Court, District of Illinois Transcript, filed 4
  December 1854, <title>Jones v. Marsh &amp; Johnston</title>, Record Group 267,
  REC1, case file 3201, National Archives and Records Administration, Washington,
  DC;
  <xref from='ROOT' url='http://www.hti.umich.edu/cgi/t/text/text-idx?c=lincoln;rgn=div1;view=text;idno=lincoln2;node=lincoln2%3A469' targOrder='U' to='DITTO'>Abraham
  Lincoln to Robert A. Kinzie</xref>, 5 January 1858,
  <title corresp='books_Basler2'>CW</title>, 2:430-31.</bibl> 
         </p>
         <p>In the
  Illinois Supreme Court, Lincoln files an assignment of errors in the appeal
  case of <name type='case' key='L04005'>McDaniel et al. v. Correll et al.</name>
  Lincoln wrote the document and signed it "Conkling &amp; Lincoln &amp;
  Herndon." Lincoln &amp; Herndon and attorney James C. Conkling represent the
  appellants who seek to overturn the decision of the Sangamon County Circuit
  Court. The lower court ruled in favor of the appellees in a dispute among the
  heirs of William McDaniel.<bibl default='NO'>Assignment of Errors, filed 5 January 1858,
  <title>McDaniel et al. v. Correll et al.</title>, Herndon-Weik Collection,
  Library of Congress, Washington, DC.</bibl> 
         </p>
      </div2>

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