USA > Illinois > St Clair County > Historical encyclopedia of Illinois and history of St. Clair County, Volume II > Part 55
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"The Clerk read as follows: 'House Joint Resolution No. 8, tendering the thanks of Con- gress to Rear-Admiral Louis Kempff, U. S. N., for meritorious conduct at Taku, China. Re- solved, That the thanks of Congress be, and they are hereby tendered to Rear-Admiral Louis Kempff, commanding the Asiatic squad- ron, for the wisdom displayed by him in re- fusing to join the allied forces in the bom- bardment of the forts at Taku, China.'
"Mr. Hitt: 'Mr. Speaker, the facts upon which that resolution is based are common property, known all over the world. This is unanimously reported from the Committee. The resolution was not considered before Ad- miral Dewey had been consulted, and that great sailor had said it was merited and thrice merited. It took as great character, resolution and courage to refuse to fight such a grave and difficult crisis as it did to fight, for this was in view of easy victory, with six great allies against one weak power. The wis- dom and patriotism of Admiral Kempff in re- fusing to join the allies in suddenly begin-
ning war upon the Chinese Government were immediately vindicated; for by the action of the allies in attacking Taku the whole Chi- nese nation was instantly inflamed-not merely the Boxer rebels. Had the other powers, whose fleets attacked the fort at Taku, followed the wise rule of the strong, calm American sailor who said, 'Let no American gun or American vessel be used to make war upon a people or bombard the fort of a government with whom we are not at war,' and had they confined themselves to the protection of their citizens, as he did to the defense of American life and property, the bloody and dreadful scenes at Pekin might have been far different. Even after those scenes, the Chinese showed confi- dence in our government alone, through us they gave out the first news of the besieged and agreed to the open-door policy, always trusting our sincerity. I do not wish to take up the time of the House in reciting the history of his part on that memorable 18th of June, 1900, so widely known to all our readers, which has been discussed by the eminent publicists of the day and has merited and received eulogies from many writers in many countries.' "
Col. William C. Kueffner. (See "Historical Encyclopedia," Vol. I. of this work, pp. 322-323.) Maj .- Gen. Wesley Merritt. (See "Historical Encyclopedia, p. 371.)
Col. John D. Miley was born on his father's farm near Belleville, Ill., August 19, 1862. His father, George C. Miley, was born in 1839 and died in 1882. His grandfather, David Miley, was born in New York in 1811, was early left an orphan and brought up by a Quaker family. His mother was Nancy (Wilderman) Miley.
John D. Miley taught school near his native town, and entered West Point in 1883, passing the examination with a higher per cent. than his many competitors. After spending a few months abroad, he was assigned to duty at Governor's Island, N. Y. While serving there, he took a law course at Columbia College, and was admitted to the bar. In 1891, at Spring- field, Mass., he married Sara H. Mordecai, daughter of General Mordecai, of the Ordnance Department, U. S. A. Mrs. Miley and her four children, two boys and two girls, are now liv- ing at Washington, D. C.
In 1890, John D. Miley was sent to the Pa- cific Coast. He was an expert artilleryman, familiar with every intricacy in the most com-
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HISTORY OF ST. CLAIR COUNTY.
plicated modern improvements in coast de- fense, and had charge of the new fortifica- tions being installed in the San Francisco har- bor. Fort Miley, the new two-company artillery post overlooking the Cliff House, was named in his honor. After five years' service at the Presidio, San Francisco, he was appointed junior aid on General Shafter's staff, and later, senior aid. In 1897, Lieutenant Miley accom- panied General Shafter to Cuba as aide-de- camp. He was with Col. John Jacob Astor in charge of the negotiations for the exchange of Lieutenant Hobson.
At the close of the campaign, he was ap- pointed Lieutenant-Colonel of Volunteers in recognition of his service as one of the com- missioners negotiating the terms of General Toral's surrender and for bravery on the field. At this time he was sent to Governor's Island, N. Y., being made Inspector General of the Department of the East. It was during these few months in New York that his book, "In Cuba With Shafter," was written and pub- lished.
In the spring of 1899, he sailed for Manila; and on his arrival there, with characteristic en- thusiasm, energy and unselfishness, he took charge of all the important and hard work laid out for him. He was made Inspector General of Volunteers on General Otis' staff, and then Col- lector of Customs at Manila, being given super- vision of the entire custom service of the Phil- ippines. He founded the Manila library for the use of the army, and to aid in the develop- ment of the Philippines. On September 6, 1899, he was stricken with spinal meningitis, and died at the Second Reserve Hospital at Manila, September 18. He is buried at the National Cemetery, Presidio, San Francisco.
Lieut .- Col. James Lowery Donaldson Morri- son. (See "Historical Encyclopedia," Vol. I. of this work, p. 386.)
Captain Kossuth, Niles, U. S. N., is the eld- est son of the late Judge Nathaniel Niles. He was born in Belleville, June 14, 1850. He went to the Belleville public schools until he was fourteen years old, then went to the Civil War as a drummer boy in answer to the call for ninety days' service. At the end of the ninety days he was mustered out. In 1865, he en- tered the United States Naval Academy at An- napolis, Md., by appointment of Congressman Jehu Baker, graduated in 1869 and received
a commission as ensign. He has served on several vessels, the most important of which were the "Ticonderoga," which made a diplo- matic cruise around the world; the U. S. S. "Newark," as navigator; and the U. S. S. bat- tleship "Massachusetts," as executive officer. He always made a specialty of ordnance, and in this capacity was made inspector of steel at Bethlehem Iron Works, and later, at the torpedo station at Newport. He is now in command of the U. S. S. "Boston" of the Pa- cific Squadron.
Major Lotus Niles, U. S. A., son of the late Judge Nathaniel Niles, was born in Belleville, February 5, 1853. He went to the Belleville public schools up to the age of fifteen years, was nominated as a cadet at the United States Military Academy at West Point, in January, 1870, by the Hon. John B. Hay, of Belleville, Representative in Congress, and entered the Academy July 1, 1870. On June 16, 1875, he graduated and was commissioned Second-Lieu- tenant in the Second Regiment of Artillery. He served with that regiment at Baltimore, Md .; Carlisle, Pa .; Fortress Monroe, Va .; Fort Johnson, N. C .; and Washington, D. C., until January 29, 1882, on which date he was pro- moted to First Lieutenant, Second Artillery He served at Fort Leavenworth, Kas .; New Or- leans, La .; St. Augustine, Fla .; Pensacola, Fla .; Huntsville, Ala .; and Newport, R. I., until March 8, 1898, when he was promoted to be Captain, Second Artillery. He served at Bos- ton, Mass .; Savannah, Ga .; Havana, Cuba; and Chickamauga Park, Ga., until September 11, 1902, when he was promoted to be Major, Ar- tillery Corps. He is now serving at Fort Sam Houston, San Antonio, Texas.
Capt. Nathaniel Niles. (See "Historical En- cyclopedia," Vol. I. of this work, p. 400.)
Maj .- Gen. Peter J. Osterhaus was born in Prussia, was an officer in the Prussian service, and later came to America, settling at St. Louis, Mo. On the outbreak of the Civil War he ac- cepted a Major's commission in the Second Missouri Volunteers, of which he became Colo- nel, participating in the battles of Wilson's Creek and Pea Ridge. He was promoted to be Brigadier-General, June, 1862, and com- manded a brigade in the Thirteenth Army Corps at the capture of Arkansas Post and in the siege and capture of Vicksburg, and a brigade in the Fifteenth Corps at Chatta-
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HISTORY OF ST. CLAIR COUNTY.
nooga, Missionary Ridge and in operations re- sulting in the capture of Atlanta. Having been promoted to Major-General in July, 1864, in Sherman's March to the Sea he commanded the Fifteenth Corps from Atlanta to Savannah. Later, as Chief-of-Staff of General Canby, he received the surrender of Kirby Smith in Texas, May 26, 1865. He was mustered out Feb- ruary, 1866.
Col. Julius Raith .- The Forty-third Infantry, organized at Camp Butler, Ill., in September, 1861, by Col. Julius Raith, was composed large- ly of St. Clair County men. It was mustered into the service October 12, 1861, and took part in the battles of Fort Donelson and Shiloh and in campaigns in West Tennessee, Missis- sippi and Arkansas and was mustered out at Little Rock, Ark., November 30, 1865. "The Forty-third," says a writer, "bore an honorable and heroic part, distinguishing itself particu- larly in the two days' bloody fighting at Shi- loh, April 6 and 7, 1862, losing 200 killed and wounded. Its commander, the noble and dar- ing Raith, was mortally wounded, and died April 11, following." Colonel Raith saw serv- ice in the Mexican War also, as Captain of Company H, Second Regiment, Illinois Volun- teers. The company was organized in St. Cair County, was mustered into service June 16, 1846, and mustered out June 16, 1847. In this company Nathaniel Niles and Adolphus Engel- mann were, respectively, First and Second Lieutenants. Col. William H. Bissell was the regimental commander.
Maj .- Gen. James Shields. (See “Historical Encyclopedia," Vol. I., p. 478.)
Col. John Thomas was born in Wythe County, Va., January 11, 1800, and died at Belleville, December 16, 1894. He came to St. Clair County with his parents in 1818, the family settled in the Alexander neighborhood, near Shiloh, and he began life for himself as a farmer on rented land at the age of twenty- two. It is said that he was unable to buy a horse, which he much needed, but his poverty did not deter him from marrying, for he also needed a wife. He was able, however, to buy and stock a good farm six years later, and thenceforward he gained wealth rapidly, be- coming one of the most extensive owners of land in the county. His fondness for military life made him prominent in militia days and, in the Black Hawk War as commander of the
Third Regiment, he acquired the title of Colo- nel, which clung to him during the remainder of his life. He was an early anti-slavery man and an original Republican and was elected to the General Assembly in 1838, 1862, 1864, 1872 and 1874, and to the State Senate in 1878. He was a man of lofty patriotism, much public spirit and of unimpeachable judgment in the practical affairs of life. In June, 1852, he married Arabella Kinney, daughter of Wil- liam Kinney, a former Lieutenant-Governor of Illinois, and was again married in January, 1875, to Mrs. Magdalena Holdener.
CHAPTER XXXV.
THE SLAVERY ISSUE IN ILLINOIS.
ST. CLAIR COUNTY IN THE "IRREPRESSIBLE CON- FLICT"-NEGRO SLAVERY INTRODUCED BY THE FRENCH AND IS CONTINUED UNDER BRITISH RULE-TIIE ORDINANCE OF 1787-ATTEMPT TO SET IT ASIDE IN ILLINOIS TERRITORY-REMNANTS OF THE INSTITUTION- THE "BLACK LAWS" OF 1819 -THE STRUGGLE OF 1822-24-SOME REMINIS- CENSES OF SLAVERY DAYS IN ILLINOIS.
Louis XIII., by an edict dated April 23, 1615, recognized slavery in the French possessions in America, and early immigrants of wealth brought slaves with them. In 1724, Louis XV. provided not only for holding slaves but for regulating traffic in slaves in the Province of Louisiana, which included Illinois. About 1722, Renault, agent of "the Company of St. Phil- lipe" and director of the mines in the new coun- try, came from France with 200 miners, me- chanics and laborers to carry on mining in the Illinois country. At San Domingo, he bought 500 slaves to work the mines, and these he brought with him to Kaskaskia, where he es- tablished himself. The descendants of those bondsmen were called "the French slaves" in the statute books and census records of Illi- nois. Before Renault returned to France, he sold to French colonists his and the company's interest in such slaves as he still controlled. Some of those slaves were taken to Missouri and some of them to Louisiana, by their own-
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ers. Those who remained in the Illinois coun- try were held by virtue of the treaty of ces- sion, which secured to the inhabitants the pos- session of their entire property and a guaran- tee of all their rights.
Slavery then existed by law in all the British colonies; hence, after the close of the French and Indian war, in 1763, it was tolerated under British rule in Illinois. Other slaves were brought from Virginia and Kentucky. Under the jurisdiction of Virginia, dating from 1778, the same maintenance of property rights was promised. In 1784, Illinois was transferred to the General Government, with the provision that "the French and Canadian inhabitants and other settlers of the Kaskaskias, St. Vin- cents and the neighboring villages, who have professed themselves citizens of the State of Virginia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties." The Ordinance of 1787, under which the North- west Territory was created, expressly declared: "There shall be neither slavery nor involun- tary servitude in the said territory, otherwise than in punishment for crimes whereof the party shall have been duly convicted." The deed of cession and the Ordinance were op- posed to one another. A party came into being that advocated the one, another that supported the other. In Illinois, the "irrepressible con- flict" had begun. That conflict was destined to be waged through the history of Illinois as a part of the Northwest Territory, 1784-1800; as a part of Indiana Territory, 1800-09; as Illi- nois Territory, 1809-18; and well into its his- tory as a State.
In 1802 the pro-slavery party sent to Congress a memorial, praying for the suspension of the prohibition of slavery in the Territory. Agi- tation of the question was kept up until after 1807, when the anti-slavery men remonstrated against such action on the part of Congress. September 17, 1807, the Legislature of the Ter- ritory of Indiana passed an act, entitled "An
act concerning the introduction of negroes and mulattoes into this Territory." This made le- gal the bringing in of slaves, by requiring the owner, or possessor, to enter into indentures with them to serve for a stipulated period as servants, after which they were to become free. A record of this must be made in the Court of Common Pleas, within thirty days after
the introduction of the slave or slaves. The usual term of service was ninety-nine years. Children under fifteen years of age were re- quired to serve their former owners or pos- sessors-males, until thirty-five years of age; females, until thirty-two years of age. Male children of indentured servants were to re- main in bondage until thirty years old, female children until twenty-eight years old. In 1809, this law was adopted by the Governor and Judges of Illinois Territory and in 1812 the first Legislature ratified this action. Slave- holders from Virginia, Kentucky and other States, who wished to relieve themselves, with- out loss of the ownership of slaves, came to Illi- nois. Some came actually to free their slaves, as soon as they could do so advantageously to their charges. One such was Edward Coles, afterward Governor of Illinois, who came in 1819 and, while en route, gave his slaves their liberty, transferring to each head of a family 160 acres of land.
In 1817, Governor Edwards vetoed a bill re- pealing as much of the above-mentioned law as provided for bringing negroes into Illinois to indenture them as slaves. In 1822, in some of the southern counties, the opening of the State for the introduction of slavery was dis- cussed. In the Legislature in the following year, the question became alarmingly promi- nent politically. By a two-thirds vote, the Gen- eral Assembly could authorize the people to vote for or against a Constitutional Conven- tion. The pro-slavery party had enough sena- torial votes to insure the adoption of the prop- osition, but in the House they lacked one- Representative Hansen, of Pike County, on whom they had counted, having voted against them. Hansen was unseated and succeeded by John Shaw, and the adoption of the resolu- tion submitting to vote of the people the ques- tion of calling a convention followed. Under the biennial election system, the question must be put to vote on the first Monday in August, 1824. The opponents of slavery were aroused. held public meetings and organized for a fight. In St. Clair County, where the convention party was strong, the first blows were struck. There the anti-slavery men, headed by Rev. John M. Peck, established their headquarters. Others prominent on that side were Governor Edwards and Dan P. Cook. On the other side were Governor Reynolds, William Kinney, Ris-
-
Geo Reichert
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HISTORY OF ST. CLAIR COUNTY.
don Moore, Governor Bond, Judge Phillips and A. P. Field. Belleville was the storm-center. By the anti-convention men a county society was organized, officers appointed, an address to the people of Illinois was published, and an invitation made to form societies in other coun- ties. Societies were formed in fourteen coun- ties and a correspondence was established through trustworthy persons in every elec- tion precinct. The whole system was estab- lished and in working order before August, 1823; and many of the supporters contributed generously from their private purses to meet the cost of printing and other expenses. The stronghold of the unorganized slavery advo- cates was in the counties near the Ohio River and in the old French settlements. It was dem- onstrated that, on a contingency, one-fourth of the votes of the people could elect a majority in a convention; and, since that majority would probably favor opening the State for slavery, it became a paramount object of the opponents of the measure to defeat the convention. A hard and complicated struggle ensued. The contest was vigorous on both sides till the crit- ical moment. The final decision at the elec- tion on the first Monday of August, 1824, was against the calling of a convention, by a ma- jority of 1,668 out of a total of 11,612 votes cast in the State. Six months later a politician avowedly favoring slavery in Illinois was a rarity.
Governor Reynolds has testified that "the convention (issue) gave rise to two years of the most furious and boisterous excitement and contest that ever visited Illinois. Men, wo- men and children entered the arena of party warfare and strife, and families and neigh- borhoods were so divided and furious and bit- ter against one another, that it seemed a regular civil war might be the result. Many personal combats were indulged in on the question, and the whole country seemed at times to be ready and willing to resort to physical forse to decide the contest. All the means known to man to convey ideas to one another were resorted to, and practiced with energy. The press teemed with publications on the subject. The stump orators were in- voked, and the pulpit thundered anthemas against the introduction of slavery."
There were only five newspapers in the State, and four of these were in favor of the
convention. But the anti-convention leaders had raised funds to conduct the campaign, and they bought one of the four opposing papers and changed its policy and started two others. Perhaps the strongest evidence as to the feel- ing on this question is found in the fact that, whereas, the total vote for and against a convention aggregated 11,612, at the Pres- idential election in the following November, only 4,707 votes were cast.
Although Illinois was known as a free State, her status on the slavery question was rather peculiar. The extent of the State north and south had brought it into touch with both factions in the United States. The southern half of the State was first settled, and conse- quently the tide of immigration from Vir- ginia, Tennessee and Kentucky-pro-slavery districts-gained an early control of the com- monwealth, and directed the trend of Illinois politics. March 30, 1819, the first General As- sembly of the State had passed what were known as the "Black Laws." They pro- vided that no negro or mulatto should set- tle in the State until he had first produced a certificate of freedom under seal of a court of record, which, together with a de- scription of the person producing it, and also of his family, if he had one, was to be duly recorded in the county in which he pro- posed to settle. The overseers of the poor were empowered to expel such negroes or mulattoes wherever they desired. Any person bringing a slave into the State with the view of freeing him was required to execute a bond in the sum of $1,000 as a guarantee that the person eman- cipated would not become a county charge; and, if he neglected to execute such a bond, he was liable to a fine of $200.1 Each resident free negro or mulatto was, before the first day of June following, to enter his name and the name of every member of his family, with the Clerk of the Circuit Court, together with evidence of his freedom. No person was al- lowed to employ a negro or mulatto without such evidence of freedom, under penalty of $1.50 per day for each day the colored man was employed. To harbor any slave or serv- ant, or to hinder the owner in retaking any
(1) Governor Coles, when he freed his slaves, failed to execute said bonds. His opponents made that an excuse for harassing him in the courts un- til he was released by a legislative enactment in 1825.
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HISTORY OF ST. CLAIR COUNTY.
slave was made a felony, punishable by a fine two-fold the value of the slave and a whip- ping not to exceed thirty stripes. Any negro or mulatto not having a proper certificate of his freedom was deemed a runaway slave sub- ject to arrest; he was advertised for six weeks by the Sheriff and, if no owner appeared, he was sold for one year, at the end of which time he was entitled to a certificate of his free- dom, which was good unless an owner ap- peared and claimed him. One who "took him up," or informed against him, was entitled to a reward of $10. A fine of $1,000 could be imposed on any person guilty of "kidnaping" any free negro or indentured slave. No per- son was permitted to trade with a servant or slave without the consent of the master. A slave found ten miles from home was subject to arrest and to be punished by thirty-five stripes, or, if he appeared at any dwelling without leave of his master, the owner of the dwelling was permitted to give him ten stripes. Unlawful assemblies of slaves or servants were punishable by thirty-nine stripes, and a person permitting negroes to dance or revel on his premises could be fined $25. County officers were required to apprehend slaves guilty of such misconduct. In all cases where free per- sons were punished by a fine, slaves were to be punished by whipping at the rate of twenty stripes for each eight dollars of fine, with the proviso that not more than forty lashes be given at any one time.
When the Legislature convened at Vandalia, in December, 1822, Governor Coles, in his in- augural address, called attention to the fact that slavery really existed in Illinois, notwith- standing the provisions of the Ordinance of 1787, and urged upon the Legislature such re- medial legislation as would lead to the emanci- pation of the slaves, a repeal or revision of the "black laws," and such legislation as would make Illinois a free State in fact. He referred to this subject in the message in 1824 and a third time, strongly, in his valedictory message in 1826, urging a change in the general atti- tude toward the negro, arguing that, instead of being considered a slave until he had proven his freedom, he should be considered free until some man proved ownership of him. Most of the political leaders in the State opposed Coles, while about half the press and most of the com- mon people were with him. With the excep-
tion of a measure of relief passed in 1825 for those who, in freeing slaves, had neglected to execute a bond for $1,000 for each emancipated slave as a guaranty against his becoming a public charge,1 the "black code" remained un- altered until 1829. Now "no colored person not a citizen of another State," could settle in Illinois, without giving bond in the sum of $1,000 that he would be self-supporting, and any man employing a negro who had not com- plied with this requirement was liable to a fine of $500. This was practically prohibitive of the immigration of free black men. An amend- ment, passed in 1831, provided that a fine of $100 should be imposed on any one aiding a negro, in any way, to gain a settlement in the State. Practically this nullified the law per- mitting owners to bring slaves to Illinois to set them free. At Alton, the pro-slavery sentiment culminated in the death of Lovejoy, and instead of subduing, this tragic incident reinspired the anti-slavery element. No legislative step in advance was made, however, until 1841. Then a law was enacted, permitting any "native resi- dent of the State to file with the Circuit Clerk the names of himself and members of his fam- ily, together with their evidences of freedom." A certificate of such record was made prima facie evidence of his or her freedom, carrying with it the protection of the law. But this law was not to be construed as barring the lawful claim of any one to any negro in question. Other legislation for and against the negro was attempted, but for some years little was accomplished. Meanwhile, the negro was given no practical relief and was subjected to some harsh and much unfair treatment. The testi- mony of no negro, mulatto or quadroon was ad- mitted in court against that of any white per- son. Any apprentice (except a colored one) was legally entitled (law of June 1, 1827) to be taught "the three R's." Under section 158 of the criminal code of 1833, it was provided that no white woman should be pilloried, thus im- plying that colored women might be thus pun- ished. Only as late as 1845 the Supreme Court declared that descendants of old French slaves born since the adoption of the Ordinance of 1787 could not be held in slavery.
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