USA > Illinois > Madison County > Centennial history of Madison County, Illinois, and its people, 1812 to 1912, Volume I > Part 32
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mutual friends of both parties, presented the following proposition, on the arrival of both parties in Missouri :
ALTON, Sept. 22, 1842.
"Messrs. Whiteside and Merriman: "As the mutual personal friends of both Messrs. Shields and Lincoln, but without authority from either, we earn- estly desire a reconciliation of the misunderstanding existing between them. Such difficulties should al- ways be settled amicably, if it is possible to do so with honor to both parties. Believing ourselves that such an arrangement can possibly be effected, we respectfully but earnestly submit the following pro- position for your consideration: Let the whole dif- ficulty be submitted to four or more gentlemen to be selected by yourselves, who shall consider the affair and report thereon for your consideration.
JOHN J. HARDIN, R. W. ENGLISH.
MATTER SATISFACTORILY SETTLED
This proposition was submitted to both principals and accepted on the ground by them with slight modifications. Then followed cor- respondence between the referees of both parties who were John D. Whiteside, William Lee, D. Ewing and T. M. Hope for Shields ; and E. H. Merriman, A. T. Bledsoe and Wil- liam Butler for Lincoln. In the first note ex- changed the Shields referees asked the Lincoln referees to "explain the offensive matter" in the article in controversy. The Lincoln refer- ees, in reply, stated that Mr. Lincoln in the "Lost township" article had written for politi- cal effect and with no intention of reflection on the character and standing of Mr. Shields as a man and a gentleman. Thus the contro- versy was settled and no blood shed. The referees on both sides united in a saying that the interference of Messrs. Hardin and Eng- lish "was of the most courteous and gentle- manly character."
Dr. English, in his later years after the war and when a resident of Alton, took great pleas- ure in relating to his friends the incidents of this prospective duel in which he acted as me- diator. "All parties," he said, "returned to
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Alton on the ferry boat. There was a great crowd on the levee awaiting their arrival. Some wag on the boat, in order to have a joke on the crowd, took a log of wood. covered it with a sheet, so as to resemble a human figure, and as the boat approached the landing bent over the figure and engaged industriously in wielding a fan, giving the impression that he was attending a wounded man." Thus ended the great fiasco.
Two OTHER DUELS "FALL THROUGH"
Two other challenges to duels resulted from this occurrence. The first was a challenge from Shields to William Butler, one of Lin- coln's seconds. Shields took offense at a re- port of the fiasco which Butler sent to the Sangamon Journal and challenged him to fight a duel. Butler promptly accepted and, as the challenged party, named the place and weap- ons. Shields' seconds refused to accept the terms, as the place named was within the state and their principal could not accept without violating his oath of office. Thus the affair ended.
Out of this last affair grew another chal- lenge, this between Merriman, Lincoln's sec- ond, and Whiteside, Shields' second, originat- ing from the character of the notes exchanged between Whiteside and Merriman in the Shields-Butler controversy. Whiteside was the challenger and Shields acted as his friend, while Lincoln figured as Merriman's second. This duel fell through on account of disagree- ment as to time and place.
Of special interest in the Lincoln-Shields duel is the comment made thereon by the Al- ton Telegraph and Democratic Review then edited by Judge Bailhache. It is vitriolic in its criticism of the future president and of the man who was to be thereafter a general in the Mexican and Civil wars and a senator from three states. In his issue of October Ist, the editor says: "Our city was the theatre of an unusual scene of excitement during the last
week from the visit of two distinguished gen- tlemen of Springfield, who, it was understood, had come here with a view of crossing the river to answer the requisitions of 'the code of honor' by brutally attempting to assassinate each other in cold blood. We refer to this matter with pain and the deepest regret. Both of them are, and have been for a long time, our personal friends. Both we have esteemed in all the private relations of life, and conse- quently we regret that what seems a duty we owe the public compels us to allude to the dis- graceful and unfortunate occurrence at all. We consider, however, that both of these gen- tlemen have violated the laws of the country and insist that neither their influence, their respectability nor their private worth should save them from being amenable to those laws they have violated. Both of them are lawyers ; both have been legislators of this state and have aided in the construction of laws for the government of society; both of them exercise no small influence in the community-all of which, in our estimation, aggravates instead of mitigates their offense. Why they should be permitted to escape punishment, while a friendless, penniless and obscure person, for a much less offense, is hurried to the county jail, forced through a trial with scarcely the forms of law, and finally immured within the walls of a penitentiary we are at a loss to conject- ure. It is a partial and disreputable adminis- tration of justice, which, though in accordance with the spirit of the age, we must protest against.
"We call upon Attorney General Lamborn to exercise a little of the zeal which he is con- tinually putting in requisition against less favored but less guilty offenders, and bring all who have been concerned in the late attempt at assassination to justice. Unless he does this he will prove himself unworthy of the high trust that has been reposed in him.
"How the affair finally terminated, not hav- ing taken the trouble to inquire, we are un-
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able to say. The friends of Mr. Shields and those of Mr. Lincoln claim it to have been settled on terms 'honorable' to both-notwith- standing the hundreds of rumors-many of which border on the ridiculous-that are in circulation. We are rejoiced that both are enabled to return to the bosom of their friends, and trust that they will now consider, if they did not before, that rushing unprepared on the untried scenes of Eternity is a step too fearful in its consequences to be taken with- out preparation.
"We are astonished to hear that large num- bers of our citizens crossed the river to wit- ness a cold-blooded assassination between two of their fellow beings. It was no less _ disgraceful than the conduct of those who were to be actors in the drama. Hereafter, we hope the citizens of Springfield will select
some other point to make public their inten- tion of crossing the river to take each others' lives, than Alton. Such visits cannot but be attended with regret, and with unwelcome feelings, and the fewer we have of them the better. We should have alluded to this mat- ter last week but for our absence at court."
ANOTHER COUNTY AFFAIR OF HONOR
Another "affair of honor" in which a resi- dent, or former resident of Madison county, was a principal occurred in 1841. The gentle- man was Hon. Theophilus W. Smith, of Ed- wardsville, then a judge of the supreme court. It seems that the election of Harrison in 1840 to the presidency had caused a bitter partisan feeling throughout Illinois, which had gone Democratic, and culminated in an act of the
legislature adding five Democratic judges to the supreme court in order to overcome the influence of the Whig members, then in the majority, and who, it was feared, would de- cide a certain alien case in a way inimical to the Democrats. The contest over the mat- ter at issue was bitter and many controversies arose which threatened serious consequences. Judge Smith, it was charged, had given cur- rency to certain reports in regard to the in- tentions of his associates on the bench. These reports were the basis of a bitter speech made by Hon. John A. McClernand in the legisla- ture assailing the Whig members of the court. Judge Smith denied circulating the reports, but when the fact was brought home to him he was stung into sending a note to McCler- nand, by the hands of his friend Dr. Merri- man (subsequently General Shields' second), couched in such language that it might or might not be construed into a challenge. Mc- Clernand promptly accepted it as a challenge, named the place of meeting, which was to be in Missouri, the weapons rifles, and distance forty paces. The fact of the challenge and acceptance becoming known and Attorney General Lamborn lodged a complaint before a justice of the peace in Springfield, where- upon Smith was arrested and placed under bonds to keep the peace. The affair being thus squelched, the belligerent judge left town to enter upon his judicial duties .*
*The greater part of the facts connected with these duels are condensed from Davidson and Stuve's "History of Illinois," who give the Springfield papers as their authorities. This does not apply to the local facts here given or the extract from the Alton paper.
CHAPTER XXVIII
NOTED FUGITIVE SLAVE CASE
MULATTO GIRL LEFT IN ALTON-SEIZED AFTER MARRIAGE-RELEASED FOR $1,200-ILLUS- TRATES WORKINGS OF FUGITIVE SLAVE LAW-OVER FIFTY PER CENT TO "SLAVE CATCHERS" -AN EYE WITNESS OF THE TRIAL-JUDGE RESIGNS IN DISGUST-THE PRINCIPALS' AFTER LIFE.
In the year 1853, a case involving the arrest of an alleged slave, under the provisions of the notorious fugitive slave law, transpired at Alton and attracted national attention. It was brought before Hon. Levi Davis, United States commissioner, by a slave trader, who had purchased the slave "running," as the term was. The slave was an attractive look- ing young mulatto woman, who had supposed herself free. The story is told in the Presby- tery Reporter of March, 1853, of which the late Rev. A. T. Norton was the editor, and is given below.
MULATTO GIRL LEFT IN ALTON
"On Saturday, November 22, 1851, a young man came to the Alton House, in this city, and entered his name on the register as J. T. Leath. In his company was a mulatto girl, named Amanda Kitchell, at that time about seventeen. The young man was somewhat older. The pair were from Memphis, Ten- nessee. The girl had an aunt in town, with whom she found lodgings. The young man remained at the Alton House until the Mon- day following. He stated repeatedly, in the hearing of Mr. A. L. Corson, keeper of the Alton House, and of others, that the girl had been a slave in his father's family, that he brought her here to set her free, and that he should send her free-papers as soon as possible.
SEIZED AFTER MARRIAGE
"The girl remained in Alton, residing in dif- ferent families and sustaining a good charac- ter until December 23, 1852, when she was married to Alfred Chavers, a respectable young colored man of this city. During all this period of thirteen months, her aunt and other friends seem to have given themselves little or no concern about her free-papers, relying implicitly upon the word of the young man- who was her master's only son-that she was free. Under this pleasing illusion, she re- mained in her husband's house, unsuspicious of danger, for about three weeks after her marriage. But on Saturday, Sabbath, and Monday, the 15th, 16th, and 17th of January last, two or three men were noticed prowling about town, and visiting the houses of various colored citizens, pretending they wished washing done.
"About sunset of the last of these days, five armed men burst suddenly into the house of Alfred Chavers, in his absence, seized his wife, who was sitting by the fire, and without giv- ing her time to take a bonnet or a shawl, dragged her into the street and hurried her off to the office of the United States commis- sioner, Levi Davis. Here a pause ensued until the court could take supper, when the trial proceeded.
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"The leading spirit in these outrageous proceedings was Malcolm McCullom. Of the other four, two were witnesses brought with him from Memphis-one his brother, J. C. McCullom-one a witness found in Alton ; the other, the constable employed to make the arrest. McCullom had laid his train well. He had three witnesses to prove the girl's identity, all the paper documents which the Fugitive Slave law of 1850 requires and a power of attorney from J. T. Leath, the father of the young man who brought Amanda here. These proofs the commissioner deemed sufficient and immediately consigned Amanda, in due form, to the tender mercies of the slave-catcher. No time was allowed for deliberation, or for the collection of rebutting evidence.
"Amanda was marched off to the Franklin House and carefully guarded through the night. During all this time, there was no out- break. Most of the citizens knew nothing of what was going forward; and those who did, suffered the odious Fugitive Slave law to pursue, unobstructed, its merciless course.
RELEASED FOR $1,200
"The next morning, January 18th, negotia- tions were entered into for Amanda's re- demption. McCullom had the impudence, at first, to demand. $2,000. When Chavers begged him not to take away his wife, promis- ing to redeem her, the brute replied that he 'wanted her for a wife himself !' He finally, however, reduced his demand to $1,200, and there he stood inflexibly saying that if $1,- 199.99 were proffered, he would not take it. In the course of the day, the money was raised; $1,000 by voluntary donations from the citizens, and $200 by loan-$100 of which was from the savings of an industrious colored girl. These $1,200 were handed to the slave-catcher and the girl restored that evening to her husband.
"The next morning it was observed that the McCulloms did not take the 'Altona,' the regu-
lar 9 o'clock packet for St. Louis; but went on board the 'Excel,' an Illinois river boat, which passed down about an hour after the 'Altona' left. Why was this? We have it on good authority, that young Leath-the same who brought Amanda to Alton-was on the 'Altona' that morning, having come up on her the evening previous. Did the McCulloms wish to avoid him? Had he-having failed to procure from his father the girl's free- papers-followed them all the way from Mem- phis, to prevent the accomplishment of their design? These questions we have not now sufficient light to answer positively ; but from the evidence before us, we imagine the young man honestly designed to set the girl free. For this purpose he brought her here, with- out the knowledge of his father, and left her here, telling her and others that she was free and that he would send her free-papers ; which he doubtless expected to procure, but could not. As to his motives in pursuing such a course, we hazard no conjecture.
"We have said that McCullom proceeded against Amanda under a power of attorney from J. T. Leath, the elder. All the docu- ments which he used in the trial, were in ac- cordance with the idea that he was only Leath's agent. He appeared in no other char- acter until after Amanda had been adjudged to him. When, however, the citizens of Al- ton wished to purchase Amanda's freedom, it came out that McCullom was her true owner. While proceeding against her as the slave of another man, he carried in his pocket a bill of sale-the original of which is now in Amanda's possession-from J. T. Leath to himself. This document is as follows :
"For, and in consideration of FOUR HUNDRED DOL- LARS, in hand paid, I have SOLD to Malcom Mc- Cullom, ALL MY RIGHT, TITLE, AND INTEREST, with a certain female slave named Amanda, aged 18 or 19, and of yellow complexion, and who is now a fugi- tive, supposed to be in the State of Illinois. I guar- anty the said girl to be a slave for life ; but I do not guaranty her recapture; the said McCullom buying
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the chances of her, and he being at all expenses for her recapture; but I give the use of my name and my power of attorney to proceed for her recovery under the authority of my name and right .- JAN- UARY II, 1853. J. T. LEATH."
"The power of attorney from Leath to Mc- Cullom was of the same date.
"Now we ask, with all due deference for lawyers and judges, if a man can legally-we say not morally, that is too plain a question to be argued a moment-but can a man legally act as agent for another, when and where he is himself entire and complete owner, and that other has no more present right or claim than the man in the moon? If this question is answered in the negative, then the entire legal proceedings in Amanda's case were con- trary to law; as every one, with the least spark of a soul, knows they were to all nat- ural justice.
"Again : Amanda is termed a fugitive. She was recovered under the Fugitive Slave Law. But was she a fugitive? Did not her own master's son take her away, carry her to a free State, and leave her there, telling her and others that she was free? If there was any fugitive in this case it was J. T. Leath, the son, and not Amanda Kitchell, the ser- vant. We believe it is both law and gospel, constitution and common sense, that when a slave is brought into free territory by those who claim ownership, and left there, that slave is therefore free.
ILLUSTRATES WORKINGS OF SLAVE LAW
"This case exhibits the practical workings of the Fugitive Slave law. We have just been reading a copy of this law, contained in the Western Law Journal of November, 1850. It is preceded by the following just and truth- ful remarks : 'In its serious aspect, it seeks to secure the purely legal right of the master to his slave, or to indemnify him for his loss. by violating the plainest principles of justice, that no man shall be deprived of his liberty
upon an ex parte trial; by setting aside the constitutional guarantee of the writ of habeas corpus, which can never be suspended except in cases of rebellion or invasion; by declar- ing that the decision of the lowest judicial officer known to the law, upon one of the gravest questions that can be submitted to any tribunal, shall be final; by holding out a pre- mium, in the shape of double fees, for a deci- sion adverse to liberty; by forbidding any inquiry, before that officer, into the facts which constitute the very gist of the defense, and confining it exclusively to a question of identity ; by punishing public officers, guilty of no fault or negligence, for their inability to resist irresistible force, or inevitable acci- dent; and by determining beforehand the quantum of damages in a civil suit between two citizens, and fixing those damages with- out any reference to the value of the property, and at an exorbitant amount. Looking at the law in another aspect, one cannot but smile at the wisdom that seeks to make laws effectual by merely piling up penalties; and hopes, by outraging justice and common sense, to in- duce all good citizens to aid in their execu- tion.'
OVER FIFTY PER CENT TO "SLAVE CATCHER"
"The citizens of Alton have the comfort of knowing that, by the operation of this law, they have been swindled out of $1,200; more than one-half of which must be clear profit to the slave-catcher. Yet, all this is nothing to the degradation. These $1,200 are so much 'Black Mail.' This money has been extorted from us by the crack of the slave whip, and at the pistol's mouth. While look- ing at it in this aspect, we have seen the strong man weep bitter tears of indignation. Be- cause we believed a decent-looking woman- whose father was a full-blooded white man- might, perchance, have a human soul, and not desire to be dragged away from her newly-married husband and thrust back into
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that slavery from which she thought herself forever rescued, we must, at the bidding of a black-hearted slave dealer, armed with the Fugitive Slave law, pay $1,200 as the price of our philanthropy! Well, better so a thousand fold, than to possess un-human, un-sympathiz- ing hearts! But what a burlesque to call this a land of freedom, when we are obliged to submit to such extortion, or resign our humanity !"
"The above article was penned by the editor of this magazine. He has personally, and with much painstaking, investigated the facts, and feels quite sure of their correctness. The opinions he has expressed, will, of course, be taken only for what they are worth; but the facts may be relied on.
"Some of our readers may be curious to see the bill of sale by which Amanda at last came into possession of herself. Here it is:
"'For, and in consideration of the sum of twelve hundred dollars, to me in hand paid, by Amanda, the Mulatto girl, mentioned in the above bill of sale, (that from Leath to McCullom on a previous page,) I do hereby sell and transfer all my right, title, and inter- est, in and to the said Amanda; and I do hereby guarantee unto her, her freedom and absolute control of herself, and that I have good rights so to dispose of her to herself ; as witness my hand and seal, this 18th day of January, 1853.
" 'MALCOM McCULLOM."
AN EYE-WITNESS OF THE TRIAL
The case excited intense public interest as may be inferred from the above recital. Mrs. B. F. Sargent, of Alton, who witnessed the trial, or a part of it, favors the writer with such incidents thereof as she saw or heard. Mrs. Sargent is the last survivor of her gen- eration, of a family that has been prominent in the growth and development of Alton dur- ing the past seventy-five years. Her maiden
name was Miss Susan Phinney, and her brother, the late Mr. Charles Phinney, was actively engaged in the mercantile business in Alton from 1838 until his death in 1904, a period of sixty-six years. She is doubtless the only survivor of those who participated in or witnessed the trial. And now in a serene old age with mental faculties unimpaired, she re- calls with interest the early days of Alton. At the time of the trial she was at the residence of her sister, Mrs. E. L. Dimmock on Second street, which was separated from the office by a narrow vacant lot. The windows were open and she saw the proceedings and heard some- thing of what passed.
The woman and her friends were grouped on one side of the room, and the slave catcher and his assistants on the other. Hon. George T. Brown, then a young attorney, appeared for the defense. Judge Davis sat at his desk which was piled high with legal authorities he had been consulting. The prosecuting and de- fendant lawyers presented their cases, and when the arguments were concluded the judge rendered his decision in favor of the prosecu- tor, remarking in addition: "It is the law and this is my duty under the law." All his sym- pathies were with the woman and he gave the decision reluctantly, but it was in accordance with the law and his duty under his oath of office.
Mrs. Sargent recalls the face of the slave catcher as a repulsive one. When he saw how much sympathy there was for the woman and that an effort would be made to purchase her release he kept raising the price of her re- demption until it reached the sum of $1,200. All classes of citizens, white and colored, joined in raising the sum necessary. Chavers mortgaged the little home owned by himself and his mother, and other colored men helped to the best of their ability. Mrs. C. W. Hun- ter, wife of Major Hunter, personally circu- lated a subscription list. Some of the Abo- litionists, Mrs. Sargent says, were reluctant to
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subscribe for the reason that they did not be- lieve in the purchase or sale of human beings, but, in this case, their sympathies overcame their scruples and they subscribed liberally.
A notable change in public sentiment is here exhibited, sixteen years previous to this inci- dent Lovejoy had been slain in Alton by a proslavery mob, for advocating the freedom of the slave; but later, when the horrors of slavery are brought to their doors, we find the citizens uniting in raising a large sum to pur- chase liberty for a slave. Thus was Lovejoy's sacrifice vindicated in the place of his martyr- dom.
JUDGE RESIGNS IN DISGUST
Judge Davis felt the affair so keenly, when the inquity of the slave law was thus brought home to him for the first time, that he indig- nantly resigned this office of commissioner, re- fusing longer to hold a position where he could be made a party to the enforcement of a law so obviously opposed to morality and hu- manity. Judge Davis was for many years one of Madison county's most distinguished law- yers and was held in universal esteem. He was a native of Cecil county, Maryland, and was born in 1808 of an old Revolutionary family. He came to Illinois prior to 1830, in
company with David Davis afterwards of the United States supreme court. He located near Vandalia, in 1835, was elected state auditor by the legislature and served two terms. When the state capitol was located at Springfield he removed to that city, and came to Alton in 1846. He was prominent in public affairs and was a friend of Lincoln, Douglas, Trumbull and other great men of the day. He was a man of the highest integrity and of spotless char- acter. In his young manhood he was a sol- dier in the Black Hawk war of 1832 and his three sons, Capt. James W. Davis, Surgeon Charles Davis and Lieut. Levi Davis, Jr., served with honor in the Civil war as officers in the Ninety-Seventh Illinois. Judge Davis died at the residence of his son, Dr. Davis, March 3, 1897, at ripe age of eighty-nine.
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