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85

Abraham Lincoln

Currency:USD Category:Collectibles / Autographs Start Price:NA Estimated At:10,000.00 - 15,000.00 USD
Abraham Lincoln

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Auction Date:2011 Oct 12 @ 18:00 (UTC-05:00 : EST/CDT)
Location:5 Rt 101A Suite 5, Amherst, New Hampshire, 03031, United States
ALS - Autograph Letter Signed
ANS - Autograph Note Signed
AQS - Autograph Quotation Signed
AMQS - Autograph Musical Quotation Signed
DS - Document Signed
FDC - First Day Cover
Inscribed - “Personalized”
ISP - Inscribed Signed Photograph
LS - Letter Signed
SP - Signed Photograph
TLS - Typed Letter Signed
ALS signed “A. Lincoln,” on lower half of concluding page of a letter to him from M. L. Bishop, 7.75 x 13, two conjoined pages, November 16, 1858. At the beginning, Bishop transcribes the following agreement whereby the rights to an invention was sold to him in 1856 by the inventors for $2400, noted by Bishop to be a "Copy.” In full: “Whereas we Abraham Marquiss, Ezra Marquiss and Charles Marquiss of Monticello, Piatt County, Illinois and Charles Emerson of Decatur, Macon County, Illinois, did obtain Letters Patent of the United States, for certain improvements in the mode of drawing plows, which letters Parent bear date in the 19th day of February 1856, And whereas Martin L Bishop of McLean County State of Illinois is desirous of obtaining an interest herein, Now this Indenture witnesseth that for and in consideration of the Sum of Twenty four hundred dollars to be paid in hand, the receipt of which is hereby acknowledged we have assigned sold and set apart, and by these presents do assign sell and set apart all the right with and interest which we have in said invention as secured to us his said letters patent, for, to and in McLean County in the State of Illinois and in no other place or places whatsoever, the same to be held and enforced by the said Martin S. Bishop his heirs and assigns for their own use and behoof and for the use and behoof of their legal representatives to the full term for which said letters patent are or may be granted as fully and entirely as the same would have been held and enjoyed by us had this assignment and sale not have been made.”

Beneath this Bishop has penned a letter to lawyer Abraham Lincoln who had just lost his Senate race to Stephen A. Douglas on November 2nd. Bloomington, Illinois, November 12, 1858. Bishop writes, in full, "Above please find Copy of County right for ditching machine which I purchased from the parties whose names are attached thereto, and on which right I still owe a portion of the purchase money. They on their part have suffered other parties to infringe on their patent, will not the above assignment of the right to this County be a valid rebut to their claim against me? And as the parties above stated have sued me & they having a Suit now pending in the U.S. Court against others for said infringement will not this act be held as a sufficient cause for Continuance, until the decision of said cause by the U.S. Court. And is it necessary on my part to have the above article recorded in Washington Prior to said decision. Please Answer immediately & oblige.”

Lincoln replies beneath Bishop's letter to him, in full: “I do not think 'the above assignment of the right of the County will be a valid rebut to their claim against you.” I do not think the fact that the Patentees have a suit pending in the U.S. Court can avail you in defence, or for a continuance of their suit against you—Before you can sue, your assignment should be recorded; but the recording has nothing to do with the suits already brought. Yours as ever A. Lincoln.”

Heavy intersecting folds, scattered toning and light staining to Lincoln’s text, brushing to signature, stray ink marks, wrinkling, and a few small fold separations, otherwise very good condition.

Bishop was a miller and friend to Lincoln, who had earlier retained the future president’s legal services to sue the Illinois Central Railroad for $5,000 in damages to 20 acres of his land. With Lincoln having successfully argued his friend’s case, Bishop would again secure his counsel in regards to the aforementioned patent case. As outlined in this correspondence, Bishop asked Lincoln for legal advice regarding the validity of his ownership of the patent and his liability for pending law suits involving the invention. Interestingly, Lincoln's reply to that request—his conclusion outlined here that “I do not think 'the above assignment of the right of the County will be a valid rebut to their claim against you’—was never recorded.
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