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July 22, 1869.

Hon. David Noggle,

Chief Justice, Idaho Terr.

Dear Sir:

The power of the President to remove the Judges of Territories has been questioned, as I was aware—but the practice has been uniform, and long-continued,— and we acted upon it as an established rule. As an original question, I should have had grave doubts upon it; but I did not think it my duty to suggest scruples in the face of the action of so many preceding administrations, especially when so many of our friends were so pressing in their applications for the exercise of the power.

You will of course be recognized as Chief Justice of Idaho by the Executive branch of the government notwithstanding any action of Mr. Bowers, until he procures some authoritative judicial decision against your right—which it does not seem to me probable he can do.

In regard to the various other questions contained in your letter of the 12th instant, which reached me this morning, as they do not relate to any matter which officially concerns me, I must beg you to excuse me from attempting to reply.

Very Respectfully,

E. R. Hoar,

Attorney General.