Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1852-04-16
ststemen. of James IL. nooIittle. ESQ.

Il,
scented the following communication, which was
read and referred to select committee-M essrs
! Donaldson, Barlow and Cate:
Gentlemen:-l received, this morning, a COPY
of the resolution of the House of Assembly,
passed on the-day Of March last, in the fol-
lowing words
Resolred, That the select committee to whom
the special message OF his Excellency the Gov
ernor in relation TO suits against certain persons
for Illegal banking was referred, are authorized
and directed to call upon the Hon James r.
Doo,tle, the attorney employed by the Govern
OF to bring said suits, FOR full statement, by let
ter, of all the facts within his knowledge in re-
lation to the bringing and conducting Ike said
suits
In answer to which, have the honor to sub.
init the following:
The first ntimaton which came to my knowl-
edge, that any such proceedings were about to
be commenced, was contained in note from his
EXceency, under the date of the l9th of Jan
last, informing me that had been selected as
counsel for the State, and requesting me to come
to Madison as soon as my engagements would
permit. The following is copy of my note of
acceptance:
Racine. Jan. p, 1852
"HiS Ercellency L. J. Farrell, Governor, dc
DEAR Sir Your note of the 9th inst is
duly received. find that it will not be consist
ent with my engagements here to 90 TO Madison
until Monday next
"For the distinguished honor conferred upon
me By your choice-an honor at once undeserv-
ed and unexpected, am most deeply grateful ;
ana in return, can only promise that, so far as
am able, | will endeavor faithfully to Discharge
the trust which you have been pleased to confidc
to me.
"With great respect,
" remain, truly yours,
JAMES Il. DooLlTTLE"
Pursuant to my engagement, | came to Mad
ison, and presented myself to the Governor, at
his executive office.
During the interview ne informed me that he
regarded it his imperious duty, and had come TO
the determinations to enforce the laws against H.
legal banking in this State. ! understood him to
say that the Attorney General was reluctant TO
take the responsibility upon himself of commence
ing prosecutions TO attain that object, but would
concur in them, if the Executive would take the
responsibility of directing them to be commence
ed, and that he had cordially consented to my en-
pOymcnt as counsel for the State. He said al
so in the course of the conversation, that from
time to time there hal been Legislative ac-
ton against the Wisconsin Marine and Fire
! Insurance Company, and that some legal pro-
B
as yet the State had never succeeded in bring
ing that Institution into court and that, if snit
was commenced, he, as the Executive of the
State was determined to carry it through.
Soon after this interview with the Governor,
| sought one with the Attorney General and in
passing through the Park to his hotel met him
near the steps of the Capitol. Our meeting was
cordial. After a moments conversation, took
his arm, and we Withdrew little into the park,
whore | at once explained to him, whlt he al
ready seemed 10 anticipate, the object of my visit
10 Madison. 1t was in the course ofthis CONVEX
sation, if mistake not, that the Attorney-Gcne-
raj, after some conversation about the great i'm
! pOrtance OF the suit against the Wisconsin Ma
rlnc and Fire Insurance Company, said he should
throw the responsibility of senior counsel upon
me; and to which ! replied not merely from
! professional courtesy, bat from u sense of what
was due his position as Acknowledgement ofthc
State, that was unwilling to take upon myself
that honor and that responsibility, but that there
could be no difficulty on that point between him
and me; that we could work shoulder to should
/ er, and prosecute the matter to the end. A meet
ing was then appointed, for consultation, to take
place that evening and we met in the private
room of the Executive office, where we exam
nCd several statutes and authorities bearing np-
on the subject. Daring the consultation, Mr..
Orion, the Private Secretary Of the Governor,
was present most Of tie time and, if mistake
not, the Governor himself was occasionally pres
ent. After some time spent in consultation. the
Attorney General remarked, and think Mr. o.
ton was present, in substance, that he should put
the responsibility upon me, and that | must pre-
pare the papers to which asSented. The pa
pers were drawn and engrossed accordngy-
The next day, when ready for signature, The At
torneyGeneral was notified and we met again
! in the private room of the Governor. Mr.. Or
ton was also present, and the Governor was al
! so in the room at one time, am quite confident
! After some remark that the papers were ready.
the Attorney General again said something
about the responsibility of the mater resting up
on me, and that he was willing TO subscribe ii e
papers without examinations but | insisted mp
on their being read, and they were read, and then
subscribed. 1t was then understood that should
return to Evansville, and obtain the allowance o
Judge Wilton upon one of the informalion~,
! and return the same TO Mr. Orion, with whom
| the intormations in two causes were left who
would, upon receiving it, fife all the infornations
at once. and issue the writs, which were also
! prepared and left with him, against all the bank
/ ing houses, at the same time. 1t was understood
that rules Of plea were to be entered, upon the
return Of process duly served, ana that, if an.
swers were put in by any of the defendants, COP
les were to forwarded to me at Racine. where if
necessary, repcalions could be drawn, and the
matter put at issue. | returned home, and heard
nothing more of the matter until saw the spc-
cal message of the Governor upon that sub
Ject.
have given above my best recollection of all
that occurred within my own personal knowl-
edge, which may be regarded as material in an
swer to the resolution of inquiry. | was not
aware that any thing unpleasant, had passed be-
tween the Governor and Acknowledgement at
the time, Both Of those gentlemen, in their Of
fetal and private intercourse, treated me with
great courtesy. By what has transpired, have
been placed in position of great delicacy. Ny
earnest desire is to do justice to both of those
high functionaries, and so far as may, TO aIay
any personal feeling growing out Of my con-
nection with the canse, and which might in the
prosecution of a matter of such great moment.
put in jeopardy the character and dignity as well
as the interests Of the State.
My understanding of the whole matter, in q
single word, was, that the Governor had d.
rected the prosecutions TO be commenced, and
had selected me as counsel for the State for that
purpose, the Acknowledgement concurred in the
prosecutions, throwing upon the Executive the
responsibility of the suit rs administration
measure and at the same time holding me, as