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David Bailey (militia officer)
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David Bailey (1801–1854) was an American militia officer and abolitionist from the Illinois Militia. He played a major role in the Black Hawk War, especially at the Battle of Stillman’s Run on May 14, 1832. Bailey, along with Lt. Col. Major Isaiah Stillman, was defeated by Black Hawk’s British Band near Stillman Creek in what is now Ogle County, Illinois. Bailey later became involved in an emancipation lawsuit. In the 1841 Illinois Supreme Court case Bailey vs. Cromwell, he was the defendant and the case was defended by Abraham Lincoln, which was Lincoln’s first recorded emancipation case. David Bailey was born in Hillsboro, New Hampshire, on June 12, 1801, and came to Pekin, Illinois, when he was 18. When the Black Hawk War began, he worked as a merchant and then joined the militia, rising from captain to major and finally colonel, commanding the troops at Fort Dearborn. There he met and later married Sarah Ann Brown, the daughter of early Chicago settler Rufus Brown. In early 1832, David Bailey joined the 5th Regiment and led part of a mounted Illinois volunteer force sent to protect the frontier after reports that Black Hawk was threatening the area. Ordered by Governor John Reynolds, Bailey and Lt. Col. Isaiah Stillman moved toward Black Hawk’s camp, but negotiations stalled and fighting started, killing two of Black Hawk’s messengers. In the later battle, their disorganized militia was ambushed and forced to retreat, and although Bailey’s exact role is unclear, many historians argue both he and Stillman were unfairly blamed because Reynolds’s confusing, possibly politically motivated orders contributed more to the disaster. In 1841, Abraham Lincoln defended Major David Bailey, who was being sued by Dr. William Cromwell’s estate over a $400 debt tied to an agreement involving Nance Legins-Costley, an unwed pregnant woman. Lincoln argued that involuntary servitude was illegal in Illinois and that Cromwell’s case did not provide proof that Nance had agreed to indenture voluntarily. As a result, Lincoln won and Nance was declared free.