Daily Davenport gazette. [volume] (Davenport, Iowa) 1854-1855, 1855-05-05
for the Gazette.
M Tor the Gaxe,,,
To ras EpiroR:

sweeks VI illAealth 1t tho East, ! am re-
joicedto say, that WAS enabled to return
last week to the pheasant shades Of Belle
sue," where had hoped to spend my ere
manning days in etiracy," aud as "peaceiul
and prosperous" as usual, "If we can hep
it, not.
But it would seem that had no sooner
seated myself a, the "peacctui' res'dencse Of
my family, than my atts u,on was called 70
an article published in your valuable journal
and headed "The Mischief OF One Num-
penned doubtless by ruthless hand, and
evidently designed to force me from "re-
tracy" and compel me, by your Kind per-
mission, through your journal, to furnish me
an,idcte, not for the poisoned mind of an
unkn wn and uuprovoked assailant, but Tor
the poison attempted to be infused into the
public mind by personal abuse. II tie
author of the article had had the manliness
Of gentleman, he would, at least, have first
cnquired OF those who could and who would
have informed hir, with reference to the
date Of nv resign .tion, the circumstant es
under which ii was made, and when receiv-
ed by the Governor, and thereby have saved
himself the trouble Of spreading before the
public 4 MEASUREMENT Of the facts, and
saved me the trouble Of noticing the missile
aimed at me personally, rather than sub
serving the public good. Who the veritable
author of this TRADE Of abuse is, or his
whereabouts, does not appear, and is OF but
little moment, aud verify believing tba, it is
no one claiming the character Of a gentle
man, residing in Davenport, and therefore,
passing by the scurrility Of the article, | vii
show for the Information of the public the
facts and how unjust and unprovoked the
assault. For the failure of the spring
courts in Jones, Jackson, Clinton and Mus
catine, the question is propounded in the
article, "who is to blamet" to which, with
an air Of triumph, this nameless writer an
swers, that Judge Tuthll's predecessor is
TO bume,n COMPATIBILITY so, sir," certainly,
sir" And why "emshatically so, sir!"
Because, as he says. "just before the 18th
of MIrch Judge Booth resigned, leaving the
District without Judge, and at time, too,
which prevented the Governor from APP
pointing his successor, as II was WITHIN
thirty days of the day established BY law
for eleciing Judge" Then again he says,
..that same resignation defeats the spring
term Of Court in the Counties named -
And now what are the facts, and what the
law, Having before me the letter of the
Governor, settles the question, and that too
beyond cavil. II bears date burlington,
IS h Feby., 1855" in which he spleased to
say that syours of the 18th inst, resigning
Office OF Judge of the sth Judicial District
has been received" Now sirs, is il true,
as alledged, that my resignation was witt
in 80 days of the day established by law for
elec,ing Judge" and consequently, "pre-
vented the Governor from appointing"
"successor" "Certainly not" "emphati-
eally- not. And therefore, is it not equally
false, that my resignation defeated the
spring term of Court in the Counties nam
edt' Where now we would ask, .trests
the respons bilty," that this veritable IN
known seribbler is so anxious, "the people
/ should know" And "who is to bame!''
Was not the Office of District Judge vacant,
and that beyond doubt. by the laws of the
land, on the 25th day of Feb'y., the mo-
m-nt my resignation came to the hands OF
the Governor! "Certain,y sir,"-and pray
sir, could legally perform any official ac,
thereafter and was il net in the power Of
the Governor to ell that vacancy at once
I trust that under this statement of facts
and the law, that generous and confding
public viii be satisfied, that am not res.
ponsible for the failure Of the Courts, anC
that "the mischief Of one man" has beer
upjustly imputed to me, but shall not bs
any longer "if we can help it,"
Yours respectfully,
j. B. BOOTH.
Dated Bellevue, April 80, 1855.