Annotation
[1] ALS, DLC. Judge Elisha M. Huntington died on October 26, 1862. On October 30 Governor Oliver P. Morton telegraphed Lincoln to ``please defer appointment'' of his successor ``until you can have an expression from the State.'' (DLC-RTL). On November 11, Bates replied to Lincoln's note as follows: ``Yesterday, I received (by the hand of the Hon. Mr. White of Indiana) your note . . . referring to the vacancy in the District Judgeship in Indiana, and directing me 'to take proper measures for having court held by a neighboring Judge.' . . . I do not see how I can legally take any measures for the accomplishment of the end proposed, nor indeed, that the subject matter lies within the Executive competency . . . all the provisions referred to require Judicialand not Executiveaction. . . .'' (Ibid.).
On November 12, Secretary Caleb B. Smith asked that for reasons of health he be relieved from his post and given the vacant judgeship. Smith's appointment to the judgeship was confirmed by the Senate on December 22, and John P. Usher's appointment to the Department of Interior was confirmed on January 8, 1863.