To Gustave P. Koerner1Jump to section
My dear Sir: Feb. 7, 1857 [1858]
The Court, on yesterday, over-ruled, the Demurrer to Hatch's Return in the Mandamus case. They merely announced that they over-ruled the demurrer, stating no ground, or reason for doing so. Let this be confidential, but Peck told me that in the consultation room, they unanamously declared in his presence, that if the Gov. had signed the Bill purposely he had the right to change his mind and strike his name off, so long as the Bill remained in his control.
McClernand was present when the decision was announced, said nothing about pleading over; & I presume the matter is ended Yours as ever A. LINCOLN
Annotation
[1] ALS, IHi. Lincoln's date, 1857, is an obvious error. See the preceding letters to Gillespie, January 19, and February 7, 1858, supra.