John E. Whiting to Richard Yates

Fairfield Illinois

April 28th 1862

Hon Richd Yates

Gov Ills

Dear Sir

Hon Saml S. Marshall is about to resign his position as Judge of the 12th Judicial Circuit having already announced himself as a candidate for Congress in this the 9th Congressional district. His resignation will not however take effect untill some time in July and in the mean time the new Constitution will either be adopted or rejected and if adopted the appointment of his (Marshall's) successor will devolve upon you and if I have any assurance that I can be elected to the same position in November I should like to have the appointment. But otherwise I should not.

The attornies of this circuit generally

determine the matter as to whom they will elect for the Office of Judge and I will have an opportunity in three or four weeks of seeing a majority of them and of ascertaining their feelings on the subject, and after seeing them I shall address you again on this subject. All I desire at this time is that if consistant with your feelings you will not commit yourself to an appointment until I address you again, and I make this request for the reason that there may be other applicants

From present indications I think there will be but little opposition to me even among the Democracy unless it is with a few who have Secession proclivities I canvassed a few of the counties in this part of the state for the Union last fall and may have embittered a few of that class against me But most of the unconditional Union men are for me

I will write you again in a few weeks and if you should have occasion

to address me on this or any other subject you will please do so at Carmi White County. I am here attending court at this time

Yours Truly

John E. Whiting

(PS) If I conclude to ask the appointment of Judge I will accompany such request with abundant evidence of my qualifications

John E. Whiting

April 28th 1862

asking the appointment as Judge, 12th Judicial Dist. Hon S. S. Marshall to resign.

Answer that this letter did not come to my hand until to day 4th June or it would have been answered.

I shall cheerfully comply not to commit myself till I hear from you.

ansd as above June 7

M