of last session; and he says it will be presented to the
court to-morrow morning. We shall be allowed three or four days to get up
a return, and I, for one, want the benefit of consultation with you.

Please come right up.

Yours as ever,

A. LINCOLN.

TO J. GILLESPIE.

SPRINGFIELD, Feb 7, 1858

MY DEAR SIR: Yesterday morning the court overruled the demurrer to Hatches
return in the mandamus case. McClernand was present; said nothing about
pleading over; and so I suppose the matter is ended.

The court gave no reason for the decision; but Peck tells me
confidentially that they were unanimous in the opinion that even if the
Gov'r had signed the bill purposely, he had the right to scratch his name
off so long as the bill remained in his custody and control.

Yours as ever,

A. LINCOLN.

TO H. C. WHITNEY.

SPRINGFIELD, December 18, 1857.

HENRY C. WHITNEY, ESQ.

MY DEAR SIR:--Coming home from Bloomington last night I found your letter
of the 15th.

I know of no express statute or decisions as to what a J. P. upon the
expiration of his term shall do with his docket books, papers, unfinished
business, etc., but so far as I know, the practice has been to hand over
to the successor, and to cease to do anything further whatever, in perfect
analogy to Sections 110 and 112, and I have supposed and do suppose this
is the law. I think the successor may forthwith do whatever the retiring
J. P. might have done. As to the proviso to Section 114 I think it was put
in to cover possible cases, by way of caution, and not to authorize the J.
P. to go forward and finish up whatever might have been begun by him.

The view I take, I believe, is the Common law principle, as to retiring
officers and their successors, to which I remember but one exception,
which is the case of Sheriff and ministerial officers of that class.

I have not had time to examine this subject fully, but I have great
confidence I am right. You must not think of offering me pay for this.

Mr. John O. Johnson is my friend; I gave your name to him. He is doing the
work of trying to get up a Republican organization. I do not suppose "Long
John" ever saw or heard of him. Let me say to you confidentially, that I
do not entirely appreciate what the Republican papers of Chicago are
so constantly saying against "Long John." I consider those papers truly
devoted to the Republican cause, and not unfriendly to me; but I do think
that more of what th