Abraham Lincoln to John Olney

Abraham Lincoln to John Olney

Lincoln's colleague John Olney asks him to evaluate the likelihood of a favorable result to a legal case Olney is considering. Olney, a partner in the law firm of Olney & McAtee in Shawneetown, Gallatin County, Illinois, is active in Republican Party politics, serving as a delegate to the state party convention in 1858. It is possible that the case under consideration is Daniel Doup vs. Ninian Primm and Samuel C. Gibson. Lincoln and Herndon previously served as Doup's attorneys regarding some Illinois real estate transactions. Doup died in the middle of the business in June 1857, leaving a wife and other heirs. At that time, Olney was drawn into some aspect of Doup's affairs. Lincoln declines to predict the final solution of the enterprise and indicates an appropriate fee for his opinion. Although Lincoln tells Olney that there is no fee for his advice, Lincoln ended up being paid partly in land in Gallatin County. Two years later, Olney runs as a Republican presidential elector, and on June 27, 1867, is selected to the bench of Illinois's 19th circuit court.

Lincoln, Abraham

Abraham Lincoln Presidential Library and Museum

1858-01-29

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300019

T1858.01.29

239596

Springfield, Jany 29. 1858

John Olney, Esq

My dear Sir:

I have had your case under consideration for two days; and I really fear you can not maintain the suit. Doup has the legal title, and who but the State, can question it? If Galatin County has the right to question it by suit, can it do so without making the State a party? and how can you make the State a party?

The case, depending upon new and peculiar statutes, I can not give an opinion with [greater?] confidence. It may be worth the trial, after all---I submitted the case to Logan, and his off-hand opinion is that you can not maintain it.

Can you not make the question in [Ejectment?] as well as otherwise? Prove your title, and when they present theirs prove that it was obtained in [favor?] of the law.

Sorry I can not write a more encouraging letter. I charge nothing for this.

Yours very truly,

A. Lincoln.

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