The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-10-01
The Crimiaals on the Radical State Ticket,


with exceeding breyity This is on the
principle that the less said the better thus
the Journal squelches the story against lap
dincott:
"All there is Of Lippincotts California ditculty'
referred to- il the fact that, several years ago III
self defense, he shot man who tried to XIII MN
That he chad to fee the state is ooWaruIy
lalsehood.'
The nlacts" are that he provoked quarrel
with an estimable citizen Of California, and
getting Roland for his Oliver, challenged
him TO Fight duel. His adversary accept
ed, and on the first fire Lppincottshot Tevis
through the heart he fell dead at his feet.
This the Journal calls killing man in self.
defense. 1t is not important to inquire into
TIE details Of the quarrel, nor to ascertain
which OF the duelists was most to blame
The California papers fix the provocation on
Lppincott. Nor is it necessary to determine
whether be fed the state. The papers there
say he fed to escape public indignation, the
man he killed being an especial favorite with
the people. Nor do we propose to inquire
into the expedieucy or propriety Of our con-
stitutional provision against dueling. We
must take these things as we find them.
Section rs. Any person who shall, after the
adoption Of this constitution, fight duel or send
or accept n challenge, or be alder, &c, shall be
deprived Of the right Of holding any Office Of
honor or pgOGt IN this state, &c.
Sec Z6 That from and after the adoption Of
this con stituton, every person who shall be elect
cd or appointed to any office, &C., Shall before he
enters upon its Duties in addition to the oath,
affirmation: II do solemnly swear that have
not fought a duel nor sent nor accepted a ohai-
Ienge, &c since the adoption Of this constitution,
&c"
August 81, ls47.
1t will be observed that there are two
specific provisions in the constitution affect
ing this question. Hitherto we have advert.
ed to one only, that Of the oath required of
each state officer. Did Lippincott take that
oath when he entered upon his duties as
secretary of the state senate? He did not
Why? Because he had fought duel since
the adoption Of the constitution, and with
all his bravery, did not dare to brave
the penitentiary, though his friend
our benign governor, might pardon him out
the day he went in. A simpler, quieter way
was not to take any oath. This the radical
senate permitted, and he acted without
oath. To say this was "outside the consti.
tuition which insists upon the oath, is only
to say our state senate followed the example
Of the great and pure body at the national
| capital The duel was fought and Ievis
was killed in 1856. 1t will not do to say that
it was fought outside Ofthis state. The con.
stitution makes no exception. Nor will it
do to take the ground assumed in the cele.
brated case of Gov. Bissell. There was no
fight there. He.took the oath because there
WAS we'll assured conviction that no duel
ieopardizing life would ensue; friends of
both parties stood ready to prevent a fatal
result, and did so by healing the breach
We might spend more time on this matter
if there was ghost Of q chance that Lip.
pincott and bis party would carry the clec.
ton. Under the Goth section be is inelg-
ible, and the courts would so pronounce,
should there be an attempt to install.
1t is sad enough to think that the RAIDS, in
| desperation, are driven to put up such mate.
rial, ignoring such men as Miner, Tyndale
and Gen. Smith, and who have furnished
the brains and muscle of that party. 1t in.
| dicates chronic wasting away, political
hasty consumption, and gives the true PEG.
| pie assurace of a complete collapse Of the
| radical organization.
| FOR RADICAL STATE TREASURER, ERASTUs \.
BATES.
The Chicago Journal having with great
| breyity disposed of Iippincott's case, enters
more minutely into that of Gen. Bates.
This IS its version:
| "And as regards the charge against General
| Bates we have this TO say: Just about the time
| the rebellion broke out, being a lawyer, he was
counsel in a murder case on trial at Centralia.
| During the trial he was called on the witness
stand to testify IN reference to certain facts in
bis knowledge. Subsequently, having raised a
company of volunteers for the war-the first en-
listed in that part of the state-the copperheads
in that intense pro-rebeI region selected him as
an object of their persecution. His regiment had
gone into the service, he being major of it.
While in the field at the south, word came to him
that he had been indicted at Centralia for PERU
ry in connection with the trial above referred to-
Deeming his honor at stake, be Immediately re
turned home to defend himself against what was
a malicious and cOwRr dly SANDER, set on foot by
a set Of coppsrhead sneaks. When the indict,
ment was called for trial, the judge of the court,
who was himself notorious rebel sympAthlZer,
dismissed the charge without trial, declaring it
as unworthy to be entertained. There was no evi-
donoe, whatever, except the bald accusation Of a
low and vulgar rOwdy, to sustain the charge, and
the community generally, including all the de-
cent portion of the democrats, regarded the Whole
proceeding as an indetensbe outrage upon a
gentleman whose character as a citizen is above
reproach."
Bates entered the service as major Of the
| S0th regiment Illinois volunteers, August
25 1862. He was a practicing lawyer at
Centralis and was counsel for man mot
in murder trial, but upon indictment for
| larceny tried on the 29th of June, 1861.
"On said trial" the record says zone James
| Harper was examined on behalf of the peo-
pie, and the defendants then and there call
| ed witnesses to impeach the character of
Harper for truth; that it became material
to inquire whether Harper had, on Il previ-
Gus trial before Justice of the peace, sworn
truly or falsely; that said Bates counsel
| for defendant, volunteered as a WjtneSS for
| his client, aud upon being sworn did," $50
the record says ''unawfully, willtully, know.
ingly, falsely, fraudulently, feloniousy and
corruptly swear and commit wilful and cor
rupt perjury" on the 23d day of August,
| A. d. 1861"
So much for the Indictment itself. As to
| us procurement II Will NC seSh tAaE IL was
found August Is, 1861. Bates entered the
army a year after, less two days. 1t was
not found upon the testimony of "copper".
heads" Four of the leading radicalsin Ma
riou county olfciated at its birth, and were
chiefly Instrumental in its procurement, viz
L, S. Condit, VIM B. Matthews, II. D. Ad.
ans and BENZ. r. Kelly. Bates had no reg.
ment at the time, consequently ii could not
have gone INTO service, nor did he go into
service until after his arrest on the bill
found. 1t is not true that when the indict.
ment was called for trial, the judge dismiss,
ed it without trial, declaring it as unworthy
to be entertained"