The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1865-11-28

letter OF MIR. Lincoln, In his own nandwrlt-
ing, without ga alteration in 1t, and 1t will
be found he says in 1t: Il think the law Is
with the state"
| want to remark here, in connection with
it. that nv report will show that l assumed
the ground and said 10 compliance with Mr..
Lincoln's suggestion, that the state was en-
tirely willing to postpone the payment OF the
money. and authorized Col. Fouke to say so;
that she would be satisfied, and that 1t was
all asked-that the claim should be allow
ed, and then paid when convenient.
As germane to the subject, and conhrma-
tory of what have stated, l will add the
subioined extract from my argument before
the president on the appeal, the phraseology
of which was corrected In exact conformity
with his suggestion and having been SAID
to him, and copy of the argument left IN
his possession, nothing further need be said
about it, only that it can be found In my re-
port
EXTRACT.
II cannot regard that opinion (reterring to
the opinion of Judge Otto's deciding the easel
as having any binding authority, or as de-
cision of the case. The questions of law and
fact involved were fully and candidly sub
mitted to you. and after a careful examlna-
ton you reached the conclusion that the tdU
in your opinion is lcith the state. That con-
clusion having been expressed by you IN
written communication tC me under date of
August Goth, of the present year, wherein
you say sent the papers to the secretary Of
the interior, Nth an endorsement that my i'm
preston OF the tar tUaS not changed, and an
other the endorsement you refer toy IN iOhtcA
you said YOU believed the law was with the
state. hold to be such expression OF your
opinion as ought to hare been respected and
acted on in the interior department.
You know very well. Mr.. Usher, or ought
to know, that it has been ruled IN the attor-
ney generals Office that a subordinate minis
teral executive officer can perform no Official
act in opposition to the riU Of the president,
and vet you totally disregarded Mr.. LIncoIn's
opinion that "the law in his opinion was with
the state" You seek to avoid the Odium of
the act of carrying of his letter of endorse
ment by saying he suffered you TO remain in
Office. The only reply to this which is nee
essary, is that do not know that Mr.. Lin
coin ever heard of the letter being missing,
and presume he never did By referring
to my reports you will fnd thas l always
spoke in the highest terms of his COURSE
You say in your publication 1.-The honest
fame of Mr.. Lincoln Is not to be sullied by
the assertions of any one, that he ever gave
his sanction or influence IN favor OF this spu-
rious claim upon the treasury"
Laying the letter of Mr.. Lincoln, declaring
the law in his opinion to be with the state,
entirely aside, let me ask you. sir, what you
think of the subjoined letters, which are au-
thenticated copies of the papers for which /
wrote to Washington, and have just received.
To such overwhelming testimony will you
still have the assurance to oppose your ''as-
sertion % You are the evil genius who has
stood in the way of Illinois in obtaining her
rights and yet the reader will see on turn
ing to Col. Fouke's letters, to which he at
tached an affidavit of their truth, that you
said the law was with the state-that Mr..
Lincoln told him. Col. F., that you had said
the same thing to him, the president, and you
had said it to me, besides telling that
Judge Osto thought the case very strong
one for the state" which facts / have hereto
fore stated In my repnrts and you have never
denied their truth. While speaking of Judge
Otto let me add here that his opinion of the
claim, as expressed in his decision, is not
quite so bad as yours expressed In your du-
plication. In the latter part of that he says
"Some general views (he refers to the co i
ties of the case) are presented by Mr. Morris
in favor of the claim of Illinois. As they do
not relate to the authority of the executive
branch of the COVE. nment TO make the pay
ment under existing legislation, | shall re-
frain from discussing them. They may, .c,th
great propriety, II italicise the words) be sub.
mitted to congress. That body acill, undoubt-
ediy adopt such measures of relief as in it's
opinion, justice and sound policy may re-
quire."
Here it is more than limited that congress
should afford relief.
The last of the series of official papers at
tached shows the authorities for and against
the claim. Your name was placed among
the first by my associate counsel, but / have
stricken it out, your course was to create
hope, then postpone action, "waiting for
something to turn up" like Micaw Der, and
then dodge the whole question, until you fin
ally belched out with great vindictivenes:
towards the state, in the newspapers, denoun
cling her claim as "a spurious, ssh ystering one
which was against law, justice and consc
ence" and necessarily denouncing those whC
sustain it as sustaining such claim.
/ will now submit to the people of Illinois
that have done no more than my duty in
exposing your official corruption. also sub
NIT to the public judgement that have fully
sustained my charges and disproved your de
malls. / might 90 on, and. in imitation Of
your example, use epithets-a very cheaI
oommodi.y-but prefer to rely alone or
truth
see NO escape FOX you,for you cannot very
Weli slip the distracted letter back on the
uiee after Judge Otto has said it was neye,
pacea there and you regarded it-he doe,
".r say the president o regarded it-but no,
A' latter" regarded it Is privatel You