[There is no record that Lincoln voted in presidential election.]

[Menard Circuit Court opens three-day term.]

Lincoln is selected to bring Lawrence County election returns to Springfield to be filed with secretary of state. It takes possibly two days after election on Monday to gather returns. He probably spends last three days of this week en route to Springfield. Journey probably continues November 6, 1840 and November 7, 1840.

Fall term of Sangamon County Circuit Court begins. It closes December 3, 1840. Lincoln receives $19 from state auditor for bringing election returns from Lawrence County. Photocopy.

Lincoln has four cases in circuit court, in each of which he represents plaintiff. In Ransdell v. Mills he obtains leave to amend declaration; in Gatton v. Turner & Ransom he gets judgment by default for $129.20. In Trotter v. Thomas, defendant files plea in abatement; in case of Sarah Brown, guardian, petition to sell real estate is granted.Record.

He writes and files petition in Brown case.Photocopy.

Gest & Mills v. Henkle & Clark is dismissed on motion of plaintiff's attorneys, Stuart & Lincoln. In Trotter v. Thomas, Lincoln files demurrer to defendant's plea in abatement filed yesterday.Record.

Stuart & Lincoln, representing complainants in Braucher v. Sayles et al., hear report of commissioners that real estate is not suitable to partition; court orders it sold. William F. Elkin is appointed to make sale.Record.

Funk & Funk v. Taylor et al. is continued for want of service in time, and Ransdell v. Mills is continued at defendant's cost. Scammon, Logan, and Lincoln are for plaintiff in first case, and Stuart & Lincoln in second. After hearing Lincoln's demurrer to defendant's plea in abatement in Trotter v. Thomas, court orders demurrer sustained and plaintiff to recover $791.46.Record.

In Trotter v. Thomas, Lincoln writes court order and decree, and assignment of judgment, which his client Trotter signs. He writes draft of final court decree in another case for same client, Trotter v. Arnold and Fairchild.Herndon-Weik Collection, Library of Congress, Washington, DC.

Isaac S. Britton, commissioner appointed by court in Spear et al. v. Newton & Newton, files amended report.Record.

In Sangamon Circuit Court, David Spear, one of defendants in Hornsby v. Ragsdale et al., files answer and exhibit. Lincoln is attorney for plaintiff.Record.

The Courier, a Springfield newspaper, satirizes town politicians by pointing out that Lincoln and other Whigs are on friendly terms with Democrats in spite of mutual personal abuse during campaign.

Wood et al. v. Ross is continued by plaintiff's attorneys, Stuart & Lincoln.Record.

Lincoln receives certificate of election to 12th General Assembly from N. W. Matheny, clerk of County Commissioners' Court.Photocopy.

Lincoln attends opening of called session of House of Representatives. Members meet in Methodist Church, which is wholly unsuitable. Senate meets in their unfinished chamber in state house. House has 40 Whigs and 51 Democrats, Senate 14 Whigs and 26 Democrats.Alton Telegraph, 28 November 1840.

House elects speaker; W. L. D. Ewing receives 46 and Lincoln 36 votes. Ewing is conducted to chair by Lincoln and Ebenezer Peck. Lincoln introduces resolution to inform Senate House has met and elected officers. He is appointed one of committee of seven to prepare and report House rules.House Journal.

In Sangamon County Court case, Hart v. Harrison & Houghton, Lincoln writes answer to bill of injunction and signs his client's name.Herndon-Weik Collection, Library of Congress, Washington, DC.

Lincoln votes for Newton Cloud, who is elected copyist of "House Journal." Lincoln is chosen with English of Greene and Carpenter of Hamilton to sit with two members of Senate on joint rules committee. He speaks and votes against printing 8,000 copies of governor's message.House Journal.

In each of three cases in Circuit Court, Barrett v. Spear, Crane v. Grubb, and Shackleford & Shackleford v. Shackleford, defendant confesses his indebtedness and judgment is entered against him. In each case Lincoln represents defendant.Record.

[Legislature is in session. Lincoln does not vote on two roll calls.]

Lincoln is appointed to Committees on Finance and Canal and Canal Lands. He offers resolution to refer as much of governor's message as relates to fraudulent voting to Committee on Elections. Democrats stop this Whig move by referring to joint committee.House Journal.

Lincoln does not attend morning session. He opposes move of Trumbull of St. Clair and other Democrats to have governor appoint agent to take over all books and property of internal improvement system, now under Board of Public Works.House Journal.