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第122章 VOLUME II(40)

Your Petitioner, Joshua Gipson, respectfully represents that on or about the 21st day of December, 1850, a judgment was rendered against your Petitioner for costs, by J. C. Spugg, one of the Justices of the Peace in and for said County of Sangamon, in a suit wherein your Petitioner was plaintiff and James L. and C.

B. Gerard were defendants; that said judgment was not the result of negligence on the part of your Petitioner; that said judgment, in his opinion, is unjust and erroneous in this, that the defendants were at that time and are indebted to this Petitioner in the full amount of the principal and interest of the note sued on, the principal being, as affiant remembers and believes, thirty-one dollars and eighty two cents; and that, as affiant is informed and believes, the defendants succeeded in the trial of said cause by proving old claims against your petitioner, in set- off against said note, which claims had been settled, adjusted and paid before said note was executed. Your Petitioner further states that the reasons of his not being present at said trial, as he was not, and of its not being in his power to take an appeal in the ordinary way, as it was not, were that your Petitioner then resided in Edgar County about one hundred and twenty miles from where defendants resided; that a very short time before the suit was commenced your Petitioner was in Sangamon County for the purpose of collecting debts due him, and with the rest, the note in question, which note had then been given more than a year, that your Petitioner then saw the defendant J. L. Gerard who is the principal in said note, and solicited payment of the same; that said defendant then made no pretense that he did not owe the same, but on the contrary expressly promised that he would come into Springfield, in a very few days and either pay the money, or give a new note, payable by the then next Christmas; that your Petitioner accordingly left said note with said J. C. Spugg, with directions to give defendant full time to pay the money or give the new note as above, and if he did neither to sue; and then affiant came home to Edgar County, not having the slightest suspicion that if suit should be brought, the defendants would make any defense whatever; and your Petitioner never did in any way learn that said suit had been commenced until more than twenty days after it had been decided against him. He therefore prays for a writ of Certiorari.

HIS

JOSHUA x GIPSON

MARK

TO J. D. JOHNSTON.

SPRINGFIELD, Aug. 31, 1851

DEAR BROTHER:

Inclosed is the deed for the land. We are all well, and have nothing in the way of news. We have had no Cholera here for about two weeks.

Give my love to all, and especially to Mother.

Yours as ever, A. LINCOLN.

TO J. D. JOHNSTON.

SHELBYVILLE, Nov. 4, 1851

DEAR BROTHER:

When I came into Charleston day before yesterday I learned that you are anxious to sell the land where you live, and move to Missouri. I have been thinking of this ever since, and cannot but think such a notion is utterly foolish. What can you do in Missouri better than here? Is the land richer? Can you there, any more than here, raise corn and wheat and oats without work?

Will anybody there, any more than here, do your work for you? If you intend to go to work, there is no better place than right where you are; if you do not intend to go to work you cannot get along anywhere. Squirming and crawling about from place to place can do no good. You have raised no crop this year, and what you really want is to sell the land, get the money and spend it.

Part with the land you have, and, my life upon it, you will never after own a spot big enough to bury you in. Half you will get for the land you spend in moving to Missouri, and the other half you will eat and drink and wear out, and no foot of land will be bought. Now I feel it is my duty to have no hand in such a piece of foolery. I feel that it is so even on your own account, and particularly on Mother's account. The eastern forty acres I intend to keep for Mother while she lives; if you will not cultivate it, it will rent for enough to support her; at least it will rent for something. Her dower in the other two forties she can let you have, and no thanks to me.

Now do not misunderstand this letter. I do not write it in any unkindness. I write it in order, if possible, to get you to face the truth, which truth is, you are destitute because you have idled away all your time. Your thousand pretenses for not getting along better are all nonsense; they deceive nobody but yourself. Go to work is the only cure for your case.

A word for Mother: Chapman tells me he wants you to go and live with him. If I were you I would try it awhile. If you get tired of it (as I think you will not) you can return to your own home.

Chapman feels very kindly to you; and I have no doubt he will make your situation very pleasant.

Sincerely yours, A. LINCOLN.

Nov. 4, 1851

DEAR MOTHER:

Chapman tells me he wants you to go and live with him. If I were you I would try it awhile. If you get tired of it (as I think you will not) you can return to your own home. Chapman feels very kindly to you; and I have no doubt he will make your situation very pleasant.

Sincerely your son, A. LINCOLN.

TO JOHN D. JOHNSTON.

SHELBYVILLE, November 9, 1851

DEAR BROTHER :-When I wrote you before, I had not received your letter. I still think as I did, but if the land can be sold so that I get three hundred dollars to put to interest for Mother, I will not object, if she does not. But before I will make a deed, the money must be had, or secured beyond all doubt, at ten per cent.

As to Abram, I do not want him, on my own account; but I understand he wants to live with me, so that he can go to school and get a fair start in the world, which I very much wish him to have. When I reach home, if I can make it convenient to take, I will take him, provided there is no mistake between us as to the object and terms of my taking him. In haste, as ever, A. LINCOLN.

TO JOHN D. JOHNSTON.

SPRINGFIELD, November 25, 1851.

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