THE 'AUSTIN p APERS. 113 unsullied his ·reputation. i ·On ,this subject' you need: no prompter,- nnd I shall not presume even to··hazza:rd -the suggestion of·a 'single idea. In regard to your having-comrrienced:·actions·against:S[mi'th] and' l\1 [ adden?] you have probably doiie well·:: and I ··can only obser,'e' further, -that the report··by · ·M. ·was .certain-I~-- very improper and·. doubtless actionable-· .•I cannot see as far as the probable consequence·s of'your notification to Mr· pliver, concerning your rern6'vali f:fonr·office·:· 1 ·and ;n:iore espe~i cially of an attempt~should you make·on~;-to resume your:seat on th'e' bench. · This is certainly an ·affair pregnnnt with .impoi·bmt conse-' quences both of a·public and private·riatur~anch:lesertes "·ell to be' weighed, before yon proceed toicanjt·it into execution; "'\iYill it not produce n riot? Can Smith yield- to it ,peaceably?_. I ·fen:r not? • r fear he would ·proceed-to some outrage~' :If so 1 1.t miglit tend to .,;ery' pernicious effects. Besides I shouldinot desire:-to'•see yol'l for a 1 mo-: ment subject to the mortifien:tion •of disappointmei.1t:., 1 -l· should·riot wish you to make an attempt withbut=being'certain of si1ccess- .. Un-· der these cfrcumstances would it not ·be best,: to; hav·~ the question; decided in the general Court? • This might .be:very ·e1asily·effected by; pleading in abatement, to some one· writ ·tlza.t: J'Ohn Smitli T. is ndt fi1·st justice of the cou1•t.:·I am awar·ethat;This method is.snbject to' several inconveniences, such ·as delay etc·.: :But the· question is,· is it· not" the best method .that cari be adopted at this'.inomenu·- If you and S. were friends so that you- ·could assuine the ·sea:t ngain without· breeding any disturbance, it .!would· then -rest, ·for'·the governors 1 friends to prove you ,were:•legally dismissed- But -1 sup1)ose' the terms between you 'will not war'rant you in•writing to hi.m to know' what would be his conduct if you were to :c10· so- But I do 1 not· see·, wherein, this measure would be dishonorable on your part. · Foi· you might inform him of the letter received from governor Harrison a:nd' your intention to resume your seat if he were·not determined ·to op- pose it ·with force: and' that -as you•·abhored every thirtg'thnt·liad a tendency to irritate the public mind and distm·b·the ndministration of justice- You wished that the law might decide the ·question. However in this I submit entirely to yourself net ns yoti mny deem most prudent for yourself and beneficial·to the public·interest'-' As the " 7 estern '\Vorld· sny~-Look here! read· this!) To· day- whilst the board was sitting Easton 2 • marched into,the room n:nd gave Donnldson a the cane whilst ·sitting 'onlthe bench, 'Phis· wns the first time (I believe) that E had seen D after:his return-- The· room.was very full of people nnd we were just commencing the ex- , ' I • J 1 See Aust!~ to Wilkinson, .July 22, iso·5. • • Hufns Easton. For a brier sketch, see Houck, "'.1,- !fisto'll of Misso.uri, _etc.,· III, l~.• • Jamei, Lowr-, Donaldsoo. ..See . Iliid.,- il., · · · ·
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