USA > Illinois > Winnebago County > Historical encyclopedia of Illinois and history of Winnebago County, Volume I > Part 28
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DUBOIS, Jesse Kilgore, State Auditor, was born, Jan. 14, 1811, in Lawrence County, Ill., near Vincennes, Ind., where his father, Capt. Toussaint Dubois, had settled about 1780. The latter was a native of Canada, of French descent, and, after settling in the Northwest Territory, had been a personal friend of General Harrison, under whom he served in the Indian wars, including the battle of Tippecanoe. The son received a partial collegiate education at Bloom- ington, Ind., but, at 24 years of age (1834), was elected to the General Assembly, serving in the same House with Abraham Lincoln, and being re-elected in 1836, '38, and '42. In 1841 he was appointed by President Harrison Register of the Land Office at Palestine, Ill., but soon resigned, giving his attention to mercantile pursuits until 1849, when he was appointed Receiver of Public Moneys at Palestine, but was removed by Pierce in 1853. He was a Delegate to the first Repub- lican State Convention, at Bloomington, in 1856, and, on the recommendation of Mr. Lincoln, was nominated for Auditor of Public Accounts,
renominated in 1860, and elected both times. In 1864 he was a candidate for the nomination of his party for Governor, but was defeated by General Oglesby, serving, however, on the National Executive Committee of that year, and as a delegate to the National Convention of 1868. Died, at his home near Springfield, Nov. 22, 1876. -Fred T. (Dubois), son of the preceding, was born in Crawford County, Ill., May 29, 1851; received a common-school and classical educa- tion, graduating from Yale College in 1872; was Secretary of the Illinois Railway and Warehouse Commission in 1875-76; went to Idaho Territory and engaged in business in 1880, was appointed United States Marshal there in 1882, serving until 1886; elected as a Republican Delegate to the Fiftieth and Fifty-first Congresses, and, on the admission of Idaho as a State (1890), became one of the first United States Senators, his term extending to 1897. He was Chairman of the Idaho delegation in the National Republican Convention at Minneapolis in 1892, and was a member of the National Republican Convention at St. Louis in 1896, but seceded from that body with Senator Teller of Colorado, and has since cooperated with the Populists and Free Silver Democrats.
DUCAT, Arthur Charles, soldier and civil engineer, was born in Dublin, Ireland, Feb. 24, 1830, received a liberal education and became a civil engineer. He settled in Chicago in 1851, and six years later was made Secretary and Chief Surveyor of the Board of Underwriters of that city. While acting in this capacity, he virtually revised the schedule system of rating fire-risks. In 1861 he raised a company of 300 engineers, sappers and miners, but neither the State nor Federal authorities would accept it. Thereupon he enlisted as a private in the Twelfth Illinois Volunteers, but his ability earned him rapid promotion. He rose through the grades of Cap- tain, Major and Lieutenant-Colonel, to that of Colonel, and was brevetted Brigadier-General in February, 1864. Compelled by sickness to leave the army, General Ducat returned to Chicago, re-entering the insurance field and finally, after holding various responsible positions, engaging in general business in that line. In 1875 he was entrusted with the task of reorganizing the State militia, which he performed with signal success. Died, at Downer's Grove, Ill., Jan. 29, 1896.
DUELS AND ANTI-DUELING LAWS. Al- though a majority of the population of Illinois, in Territorial days, came from Southern States where the duel was widely regarded as the proper
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mode for settling "difficulties" of a personal character, it is a curious fact that so few "affairs of honor" (so-called) should have occurred on Illinois soil. The first "affair" of this sort of which either history or tradition has handed down any account, is said to have occurred between an English and a French officer at the time of the surrender of Fort Chartres to the British in 1765, and in connection with that event. The officers are said to have fought with small swords one Sunday morning near the Fort, when one of them was killed, but the name of neither the victor nor the vanquished has come down to the present time. Gov. John Reynolds, who is the authority for the story in his "Pioneer History of Illinois," claimed to have received it in his boyhood from an aged Frenchman who represented that he had seen the combat.
An affair of less doubtful authenticity has come down to us in the history of the Territorial period, and, although it was at first bloodless, it finally ended in a tragedy. This was the Jones- Bond affair, which originated at Kaskaskia in 1808. Rice Jones was the son of John Rice Jones, the first English-speaking lawyer in the "Illinois Country." The younger Jones is described as an exceptionally brilliant young man who, having studied law, located at Kaskaskia in 1806. Two years later he became a candidate for Represent- ative from Randolph County in the Legislature of Indiana Territory, of which Illinois was a part. In the course of the canvass which resulted in Jones' election, he became involved in a quarrel with Shadrach Bond, who was then a member of the Territorial Council from the same county, and afterwards became Delegate in Congress from Illinois and the first Governor of the State. Bond challenged Jones and the meeting took place on an island in the Mississippi between Kaskaskia and St. Genevieve. Bond's second was a Dr. James Dunlap of Kaskaskia, who appears also to have been a bitter enemy of Jones. The discharge of a pistol in the hand of Jones after the combatants had taken their places preliminary to the order to "fire," raised the question whether it was accidental or to be regarded as Jones' fire. Dunlap maintained the latter, but Bond accepted the explanation of his adversary that the discharge was accidental, and the generosity which he displayed led to expla- nations that averted a final exchange of shots. The feud thus started between Jones and Dunlap grew until it involved a large part of the com- munity. On Dec. 7, 1808, Dunlap shot down Jones in cold blood and without warning in
the streets of Kaskaskia, killing him instantly. The murderer fled to Texas and was never heard of about Kaskaskia afterwards. This incident furnishes the basis of the most graphic chapter in Mrs. Catherwood's story of "Old Kaskaskia." Prompted by this tragical affair, no doubt, the Governor and Territorial Judges, in 1810, framed a stringent law for the suppression of dueling, in which, in case of a fatal result, all parties con- nected with the affair, as principals or seconds, were held to be guilty of murder.
Governor Reynolds furnishes the record of a duel between Thomas Rector, the member of a noted family of that name at Kaskaskia, and one Joshua Barton, supposed to have occurred some- time during the War of 1812, though no exact dates are given. This affair took place on the favorite dueling ground known as "Bloody Island," opposite St. Louis, so often resorted to at a later day, by devotees of "the code" in Mis- souri. Reynolds says that "Barton fell in the conflict."
The next affair of which history makes men- tion grew out of a drunken carousel at Belleville, in February, 1819, which ended in a duel between two men named Alonzo Stuart and William Bennett, and the killing of Stuart by Bennett. The managers of the affair for the principals are said to have agreed that the guns should be loaded with blank cartridges, and Stuart was let into the secret but Bennett was not .- When the order to fire came, Bennett's gun proved to have been loaded with ball. Stuart fell mortally wounded, expiring almost immediately. One report says that the duel was intended as a sham, and was so understood by Bennett, who was horrified by the result. He and his two seconds were arrested for murder, but Bennett broke jail and fled to Arkansas. The seconds were tried, Daniel P. Cook conducting the prosecution and Thomas H. Benton defending, the trial resulting in their acquittal. Two years later, Bennett was appre- hended by some sort of artifice, put on his trial, convicted and executed-Judge John Reynolds (afterwards Governor) presiding and pronouncing sentence. .
In a footnote to "The Edwards Papers," edited by the late E. B. Washburne, and printed under the auspices of the Chicago Historical Society, a few years ago, Mr. Washburne relates an incident occurring in Galena about 1838, while "The Northwestern Gazette and Galena Adver- tiser" was under the charge of Sylvester M. Bartlett, who was afterwards one of the founders of "The Quincy Whig." The story, as told by
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Mr. Washburne, is as follows: "David G. Bates (a Galena business man and captain of a packet plying between St. Louis and Galena) wrote a short communication for the paper reflecting on the character of Jolin Turney, a prominent law- yer who had been a member of the House of Representatives in 1828-30, from the District composed of Pike, Adams, Fulton, Schuyler, Peoria and Jo Daviess Counties. Turney de- manded the name of the author and Bartlett gave up the name of Bates. Turney refused to take any notice of Bates and then challenged Bartlett to a duel, which was promptly accepted by Bart- lett. The second of Turney was the Hon. Joseph P. Hoge, afterward a member of Congress from the Galena District. Bartlett's second was William A. Warren, now of Bellevue, Iowa." (Warren was a prominent Union officer during the Civil War.) "The parties went out to the ground selected for the duel, in what was then Wisconsin Territory, seven miles north of Galena, and, after one ineffectual fire, the matter was compromised. Subsequently, Bartlett removed to Quincy, and was for a long time connected with the publication of 'The Quincy Whig.""'
During the session of the Twelfth General Assembly (1841), A. R. Dodge, a Democratic Representative from Peoria County, feeling him- self aggrieved by some reflections indulged by Gen. John J. Hardin (then a Whig Representative from Morgan County) upon the Democratic party in connection with the partisan reorganization of the Supreme Court, threatened to "call out" Hardin. The affair was referred to W. L. D. Ewing and W. A. Richardson for Dodge, and J. J. Brown and E. B. Webb for Hardin, with the result that it was amicably adjusted "honor- ably to both parties."
It was during the same session that John A. McClernand, then a young and fiery member from Gallatin County - who had, two years before, been appointed Secretary of State by Governor Carlin, but had been debarred from taking the office by an adverse decision of the Supreme Court - indulged in a violent attack upon the Whig members of the Court based upon allegations afterwards shown to have been fur- nished by Theophilus W. Smith, a Democratic member of the same court. Smith having joined his associates in a card denying the truth of the charges, McClernand responded with the publi- cation of the cards of persons tracing the allega- tions directly to Smith himself. This brought a note from Smith which McClernand construed into a challenge and answered with a prompt accept-
ance. Attorney-General Lamborn, having got wind of the affair, lodged a complaint with a Springfield Justice of the Peace, which resulted in placing the pugnacious jurist under bonds to keep the peace, when he took his departure for Chicago, and the "affair" ended.
An incident of greater historical interest than all the others yet mentioned, was the affair in which James Shields and Abraham Lincoln-the former the State Auditor and the latter at that time a young attorney at Springfield-were con- cerned. A communication in doggerel verse had appeared in "The Springfield Journal" ridiculing the Auditor. Shields made demand upon the editor (Mr. Simeon Francis) for the name of the author, and, in accordance with previous under- standing, the name of Lincoln was given. (Evi- dence, later coming to light, showed that the real authors were Miss Mary Todd-who, a few months later, became Mrs. Lincoln-and Miss Julia Jayne, afterwards the wife of Senator Trumbull.) Shields, through John D. Whiteside, a former State Treasurer, demanded a retraction of the offensive matter-the demand being presented to Lincoln at Tremont, in Tazewell County, where Lincoln was attending court. Without attempt- ing to follow the affair through all its complicated details-Shields having assumed that Lincoln was the author without further investigation, and Lincoln refusing to make any explanation unless the first demand was withdrawn-Lincoln named Dr. E. H. Merriman as his second and accepted Shield's challenge, naming cavalry broadswords as the weapons and the Missouri shore, within three miles of the city of Alton, as the place. The principals, with their "friends," met at the appointed time and place (Sept. 22, 1842, opposite the city of Alton); but, in the meantime, mutual friends, having been apprised of what was going on, also appeared on the ground and brought about explanations which averted an actual con- flict. Those especially instrumental in bringing about this result were Gen. John J. Hardin of Jacksonville, and Dr. R. W. English of Greene County, while John D. Whiteside, W. L. D. Ewing and Dr. T. M. Hope acted as represent- atives of Shields, and Dr. E. H. Merriman, Dr. A. T. Bledsoe and William Butler for Lincoln.
Out of this affair, within the next few days, followed challenges from Shields to Butler and Whiteside to Merriman; but, although these were accepted, yet owing to some objection on the part of the challenging party to the conditions named by the party challenged, thereby resulting in de- lay, no meeting actually took place.
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Another affair which bore important results without ending in a tragedy, occurred during the session of the Constitutional Convention in 1847. The parties to it were O. C. Pratt and Thompson Campbell - both Delegates from Jo Daviess County, and both Democrats. Some sparring between them over the question of suffrage for naturalized foreigners resulted in an invitation front Pratt to Campbell to meet him at the Planters' House in St. Louis, with an intimation that this was for the purpose of arranging the preliminaries of a duel. Both parties were on hand before the appointed time, but their arrest by the St. Louis authorities and putting them under heavy bonds to keep the peace, gave them an excuse for returning to their convention duties without coming to actual hostilities -- if they had such intention. This was promptly followed by the adoption in Convention of the provision of the Constitution of 1848, disqualify- ing any person engaged in a dueling affair, either as principal or second, from holding any office of honor or profit in the State.
The last and principal affair of this kind of historic significance, in which a citizen of Illinois was engaged, though not on Illinois soil, was that in which Congressman William H. Bissell, after- wards Governor of Illinois, and Jefferson Davis were concerned in February, 1850. During the debate on the "Compromise Measures" of that year, Congressman Seddon of Virginia went out of his way to indulge in implied reflections upon the courage of Northern soldiers as displayed on the battle-field of Buena Vista, and to claim for the Mississippi regiment commanded by Davis the credit of saving the day. Replying to these claims Colonel Bissell took occasion to correct the Virginia Congressman's statements, and especi- ally to vindicate the good name of the Illinois and Kentucky troops. In doing so he declared that, at the critical moment alluded to by Seddon, when the Indiana regiment gave way, Davis's regiment was not within a mile and a half of the scene of action. This was construed by Davis as a reflection upon his troops, and led to a challenge which was promptly accepted by Bissell, who named the soldier's weapon (the common army musket), loaded with ball and buckshot, with forty paces as the distance, with liberty to advance up to ten-otherwise leaving the pre- liminaries to be settled by his friends. The evi- dence manifested by Bissell that he was not to be intimidated, but was prepared to face death itself to vindicate his own honor and that of his comrades in the field, was a surprise to the South-
ern leaders, and they soon found a way for Davis to withdraw his challenge on condition that Bissell should add to his letter of acceptance a clause awarding credit to the Mississippi regi- ment for what they actually did, but without dis- avowing or retracting a single word he had uttered in his speech. In the meantime, it is said that President Taylor, who was the father-in-law of Davis, having been apprised of what was on foot, had taken precautions to prevent a meeting by instituting legal proceedings the night before it was to take place, though this was rendered unnecessary by the act of Davis himself. Thus, Colonel Bissell's position was virtually (though indirectly) justified by his enemies. It is true, he was violently assailed by his political opponents for alleged violation of the inhibition in the State Constitution against dueling, especially when he came to take the oath of office as Governor of Illinois, seven years later; but his course in "turn- ing the tables" against his fire-eating opponents aroused the enthusiasm of the North, while his friends maintained that the act having been performed beyond the jurisdiction of the State, he was technically not guilty of any violation of the laws.
While the provision in the Constitution of 1848, against dueling, was not re-incorporated in that of 1870, the laws on the subject are very strin- gent. Besides imposing a penalty of not less than one nor more than five years' imprisonment, or a fine not exceeding $3,000, upon any one who, as principal or second, participates in a duel with a deadly weapon, whether such duel proves fatal or not, or who sends, carries or accepts a chal- lenge: the law also provides that any one con- victed of such offense shall be disqualified for holding "any office of profit, trust or emolument, either civil or military, under the Constitution or laws of this State." Any person leaving the State to send or receive a challenge is subject to the same penalties as if the offense had been committed within the State; and any person who may inflict upon his antagonist a fatal wound, as the result of an engagement made in this State to fight a duel beyond its jurisdiction-when the person so wounded dies within this State-is held to be guilty of murder and subject to punishment for the same. The publishing of any person as a coward, or the applying to him of opprobrious or abusive language, for refusing to accept a chal- lenge, is declared to be a crime punishable by fine or imprisonment.
DUFF, Andrew D., lawyer and Judge, was born of a family of pioneer settlers in Bond
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County, Ill., Jan. 24, 1820; was educated in the country schools, and, from 1842 to 1847, spent his time in teaching and as a farmer. The latter year he removed to Benton, Franklin County, where he began reading law, but suspended his studies to enlist in the Mexican War, serving as a private; in 1849 was elected County Judge of Franklin County, and, in the following year, was admitted to the bar. In 1861 he was elected Judge for the Twenty-sixth Circuit and re- elected in 1867, serving until 1873. He also served as a Delegate in the State Constitutional Convention of 1862 from the district composed of Franklin and Jackson Counties, and, being a zealous Democrat, was one of the leaders in calling the mass meeting held at Peoria, in August, 1864, to protest against the policy of the Government in the prosecution of the war. About the close of his last term upon the bench (1873), he removed to Carbondale, where he con- tinued to reside. In his later years he be- came an Independent in politics, acting for a time in cooperation with the friends of temperance. In 1885 he was appointed by joint resolution of the Legislature on a commission to revise the revenue code of the State. Died, at Tucson, Ariz., June 25, 1889.
DUNCAN, Joseph, Congressman and Gov- ernor, was born at Paris, Ky., Feb. 22, 1794; emigrated to Illinois in 1818, having previously served with distinction in the War of 1812, and been presented with a sword, by vote of Congress, for gallant conduct in the defense of Fort Stephen- son. He was commissioned Major-General of Illinois militia in 1823 and elected State Senator from Jackson County in 1824. He served in the lower house of Congress from 1827 to 1834, when he resigned his seat to occupy the gubernatorial chair, to which he was elected the latter year. He was the author of the first free-school law, adopted in 1825. His executive policy was con- servative and consistent, and his administration successful. He erected the first frame building at Jacksonville, in 1834, and was a liberal friend of Illinois College at that place. In his personal character he was kindly, genial and unassuming, although fearless in the expression of his convic- tions. He was the Whig candidate for Governor in 1842, when he met with his first political defeat. Died, at Jacksonville, Jan. 15, 1844, mourned by men of all parties.
DUNCAN, Thomas, soldier, was born in Kas- kaskia, Ill., April 14, 1809; served as a private in the Illinois mounted volunteers during the Black Hawk War of 1832; also as First Lieutenant of
cavalry in the regular army in the Mexican War (1846), and as Major and Lieutenant-Colonel during the War of the Rebellion, still later doing duty upon the frontier keeping the Indians in check. He was retired from active service in 1873, and died in Washington, Jan. 7, 1887.
DUNDEE, a town on Fox River, in Kane County, 5 miles (by rail) north of Elgin and 47 miles west-northwest of Chicago. It has two distinct corporations-East and West Dundee- but is progressive and united in action. Dairy farming is the principal industry of the adjacent region, and the town has two large milk-con- densing plants, a cheese factory, etc. It has good water power and there are flour and saw-mills, besides brick and tile-works, an.extensive nursery, two banks, six churches, a handsome high school building, a public library and two weekly papers. Pop. (1890), 2,023; (1900), 2,765; (1910), 2,785.
DUNHAM, John High, banker and Board of Trade operator, was born in Seneca County, N. Y., 1817; came to Chicago in 1844, engaged in the wholesale grocery trade, and, a few years later, took a prominent part in solving the ques- tion of a water supply for the city; was elected to the Twentieth General Assembly (1856) and the next year assisted in organizing the Merchants' Loan & Trust Company, of which he became the first President, retiring five years later and re- engaging in the mercantile business. While Hon. Hugh Mccullough was Secretary of the Treasury, he was appointed National Bank Examiner for Illinois, serving until 1866. He was a member of the Chicago Historical Society, the Academy of Sciences, and an early member of the Board of Trade. Died, April 28, 1893, leaving a large estate.
DUNHAM, Ransom W., merchant and Con- gressman, was born at Savoy, Mass., March 21, 1838; after graduating from the High School at Springfield, Mass., in 1855, was connected with the Massachusetts Mutual Life Insurance Com- pany. until August, 1860. In 1857 he removed from Springfield to Chicago, and at the termina- tion of his connection with the Insurance Com- pany, embarked in the grain and provision commission business in that city, and, in 1882, was President of the Chicago Board of Trade. From 1883 to 1889 he represented the First Illinois District in Congress, after the expiration of his Jast term devoting his attention to his large private business. His death took place suddenly at Springfield, Mass .. August 19, 1896.
DUNLAP, George Lincoln, civil engineer and Railway Superintendent, was born at Brunswick
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Maine, in 1828; studied mathematics and engineer- ing at Gorham Academy, and, after several years' experience on the Boston & Maine and the New York & Erie Railways, came west in 1855 and accepted a position as assistant engineer on what is now the Chicago & Northwestern Rail- road, finally becoming its General Superintend- ent, and, in fourteen years of his connection with that road, vastly extending its lines. Between 1872 and '79 he was connected with the Montreal & Quebec Railway, but the latter year returned to Illinois and was actively connected with the extension of the Wabash system until his retire- ment a few years ago. Died May 12, 1904.
DUNLAP, Henry M., horticulturist and legis- lator, was born in Cook County, Ill., Nov. 14, 1853-the son of M. L. Dunlap (the well-known "Rural"), who became a prominent horticulturist In Champaign County and was one of the found- ers of the State Agricultural Society. The family having located at Savoy, Champaign County, about 1857, the younger Dunlap was educated in the University of Illinois, graduating in the scientific department in 1875. Following in the footsteps of his father, he engaged extensively in fruit-growing, and has served in the office of both President and Secretary of the State Horti- cultural Society, besides local offices. In 1892 he was elected as a Republican to the State Senate for the Thirtieth District, was re-elected in 1896, and has been prominent in State legislation.
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