Thomas Mitchell to Andrew J. James

KYR-0001-017-0158.xml

Accession Number

KYR-0001-017-0158

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Civil Appointments, 1859-1862

Item Location

MG4-53

Place of Creation

Louisville, Jefferson County, Kentucky

Date of Creation

17 May 1861

Dates Mentioned

1861-05-17

1861-04

1861-04-16

1861-05-16

1861-05-04

1861-05

Louisville Ky
May 17. 1861.
A, J, James, Esqr.
Frankfort Ky
Dear Sir

Permit me to address you on a subject of some importance to myself it is as follows — In the early part of April I applied to his Excellency the Governor of Ky for the appointment of magistrate (vacant) of the 3^d & 4^th Wards of the city of Louisville & recommended by my Friends Jas. Speed, Hy Dent, and W. H. Harney, Esq^es of this city. His Excellency was kind enough to grant me the appointment on the 16^th of April but my not being notified of my being appointed I of course did not know anything about it till I heard yesterday by mere accident that my commission was lying in the County Co Office I went there, obtained it, & was qualified by oath May 16^th and this morning heard to my astonishment that I was too late in my qualification for that commission now there was no order issued for an Election of magistrate at the May 4^th Election I respectfully ask you to interest yourself in my behalf
with the Governor for another commission as I Lost the other by expecting to have received the commission [in] mail directed to me the exertion of your kindness in my case will ever oblige

yrs most Respectfully
Thos, Mitchell

See 1 Stant Rev. Statutes p. 441 § 5 — Sub Sec 2

The first commissipon having Expired and no incumbent Elected, at May election, the office is again vacant (ib. page 439.) and another commission can be issued to Esq. Mitchell till August election

A. J. J.

Since making the above memorandum, (which I made without any other information than the within letter) I see by certificates of the county Judge and clerk that another was elected at May Election without any writ of Election — This Election without a writ was irregular — but the Gov. has the power to confirm it by commissioning the individual elected if he thinks proper.

A. J. J.

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