USA > Illinois > Winnebago County > Rockford > History of Rockford and Winnebago County, Illinois, from the first settlement in 1834 to the civil war > Part 25
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There is a tendency in this age to remove the ancient land- marks which the fathers have set. The sabbath has lost much of its former sanctity. Parental authority has become a lost art, or a lost virtue; and there has been a widespread insubor- dination to constituted authority; and the mad chase for wealth has established false standards of worth, and weakened the moral fibre of the people. These are not the reflections of a pessimist, but the conclusions of the casual observer. If this republic is to endure, there must be a speedy return to the homely virtues and the high ideals of the fathers. "For where- soever the carcass is, there will the eagles be gathered together." In the Old Testament the eagle, or the bird of prey, represents. a foreign army summoned by Jehovah to execute his chastise- ment upon a corrupt nation. The interpretation is this : Wher- ever there is corruption, there will be inflicted the judgments of him who rules in righteousness.
CHAPTER L.
RIVER AND HARBOR CONVENTION .- WINNEBAGO COUNTY DELEGATES.
RIOR to 1846 Chicago was a port of delivery only, and belonged to the district of Detroit. The former city was made a port of entry by act of congress in 1846. Some improve- ments had been made in the harbor previous to 1839, when the work was discontinued for want of funds. A bar had formed, which extended across the entrance of the channel, so that ves- sels could enter only in fair weather, and even then with con- siderable difficulty. It was only in response to the unremitting efforts of citizens, by memorials and personal influence, during the years1 839-41, that congress, in 1843, appropriated twenty- five thousand dollars to continue the improvements. The next year thirty thousand dollars additional were appropriated for the same purpose. Up to this time two hundred and forty-seven thousand dollars had been expended ; yet the harbor was still incomplete, if not positively dangerous. John Wentworth, Chicago's able representative in congress, had secured the incor- poration of another appropriation in the river and harbor bill of 1846, by a decisive majority ; but President Polk interposed his veto.
The president and the minority in congress were thus com- mitted against the policy of river and harbor improvement. This course provoked general criticism, and especially in the west ; and resulted in the call for the famous river and harbor convention, which met in July, 1847. It was one of the most notable events of the period. Preliminary conferences had been held in Chicago, Detroit, Buffalo, and New York, and such encouragement had been received that a meeting was held in Chicago, November 13, 1846, to complete the arrangements for the convention. William Moseley Hall, who took the initia- tive in calling the convention, was from 1845 to 1848, agent at St. Louis of the Lake Steamship Association, connecting by Frink, Walker & Company's stage lines, and later by Illinois and Michigan canal packets, with Illinois river steamers to St. Louis.
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258
HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
The convention assembled in Chicago July 5, 1847. Dele- gates were present from eighteen out of the twenty-nine states of the union. New York sent over three hundred ; and still larger numbers came from Michigan, Ohio, Wisconsin, Indiana and Illinois. The total attendance was estimated to be from six to ten thousand. Many of the leading men of the nation were present. Among them were Thomas Corwin, William Bebb, Stanley Matthews, Schuyler Colfax, David Dudley Field, Thur- low Weed, and Horace Greeley. Thirty-five counties in Illinois sent delegates. Abraham Lincoln was one of the number. Mr. Lincoln was the only Whig representative in congress from the state. He at this time made his first visit to its commercial metropolis. Chicago was then a city of fifteen thousand popu- lation.
The delegates assembled in a spacious pavilion. Edward Bates, of Missouri, presided, with vice-presidents from seventeen states. The vice-president from Illinois was Charles S. Hemp- stead. The convention continued in session three days. In his report of the proceedings, Thurlow Weed pronounced it "a larger deliberative body than had ever been assembled in this country." Letters generally favorable to the avowed objects of the convention were read from Daniel Webster, Thomas H. Benton, Henry Clay, Martin Van Buren, and others.
Both of the leading parties sought to make political capital out of the event. It was only with the utmost adroitness that partisan dissensions were prevented. This feat was difficult, because the occasion of the convention was a political act by a partisan president. Tuesday, David Dudley Field, a Democrat, addressed the convention; and in the afternoon of the same day Jason Marsh, of Rockford, introduced the following reso- lution : "Resolved, That the delegates to this convention are pained at the expression of ill-feeling evinced this morning dur- ing the time that David Dudley Field, of New York, occupied (by invitation) the stand ; and in future pledge themselves to regard the rights of all members of the convention, who confine themselves to the rules prescribed and passed by this conven- tion."
Another resolution, introduced by S. Treat, of Missouri, provided "that no proposition or remarks, not directly con- nected with recognized river and harbor improvements of a national character, shall be entertained by this convention."
The resolutions adopted enthusiastically asserted that it
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WINNEBAGO COUNTY DELEGATES.
was the right and duty of the general government to facilitate commerce by improving harbors, and clearing out navigable riv- ers; and that theretofore appropriations made for the improve- ment of inter-oceanic rivers and lakes had not been in fair proportion to those made for the benefit of the Atlantic coast. A resolution in favor of a railroad from the states to the Pacific, introduced by William Moseley Hall, was also adopted. The closing speech was delivered by the president, Edward Bates, which tradition has pronounced "a masterpiece of American oratory theretofore unexcelled." No report of this great ora- tion has been preserved.
Winnebago county was represented at this convention by thirty delegates, as follows : Daniel S. Haight, Anson S. Miller, S. G. Armor, Thomas D. Robertson, William Hulin, Spencer Post, Charles H. Spafford, O. Jewett, J. A. Wilson, Jason Marsh, Newton Crawford, Cyrus F. Miller, Goodyear A. Sanford, W. A. Dickerman, R. R. Comstock, Jesse Blinn, J. B. Peterson, Austin Colton, Shepherd Leach, C. A. Huntington, J. M. Wight, J. B. Johnson, Samuel Cunningham, Horace Miller, E. M. Miller, W. P. Dennis, H. Barross, D. Corey, M. H. Regan, Dr. Carpenter.
The most complete report of this historic convention is published in Fergus' Historical Series, Number Eighteen, which devotes about two hundred pages to the subject. Several num- bers of this work, which have now become rare and valuable, may be found in the Rockford public library.
CHAPTER LI.
THE "REFORM" OF THE JUDICIARY .- CONSTITUTIONAL CONVENTION.
U NDER the first constitution of Illinois, the justices of the supreme court and the judges of the inferior courts were elected by the joint ballot of the legislature. This system made the courts in a sense the creatures of the legislature, rather than a co-ordinate branch of the government. The legislature is always governed more or less by partisan expediency ; and the reflex action upon the judiciary compromised its independence. Two celebrated instances may be briefly noted.
When Thomas Carlin became governor, as a Democrat, in 1838, he claimed the power of appointing a new secretary of state, without a vacancy existing in that office. Alexander P. Field, a Whig, had served in that capacity during the two pre- ceding administrations. Governor Carlin based his right of appointment upon the doctrine that a secretary of state under the first constitution was a confidential adviser of the governor, and ought therefore to be of the same political faith. The Gov- ernor accordingly nominated John A. McClernand. The senate, although Democratic, passed a resolution to the effect that the governor did not possess the power to nominate a secretary, except in case of a vacancy. After adjournment the Governor again appointed Mr. McClernand, secretary of state, who there- upon demanded possession of the office from Secretary Field. The latter refused. Mr. MeClernand then filed an information in the nature of a quo warranto, before Judge Breese, in the circuit court of Fayette county, who decided in favor of the complainant. Secretary Field took an appeal to the supreme court, where the cause was reversed. There were then four jus- tices of the supreme court. Justice Smith was a Democrat, and Chief-Justice Wilson and Justices Lockwood and Brown were Whigs. Three opinions were written. Justices Wilson and Lockwood concurred; Justice Smith dissented; and Justice Brown declined to sit in the cause, because he was a relative of Mr. McClernand. Chief-Justice Wilson rendered the decision of the court, which held that the Governor could not remove the
261
GALENA ALIEN CASE.
secretary of state at pleasure; that when an appointment had been made, the appointing power was suspended until a vacancy occurred. The decision was the cause of a partisan outcry against the so-called "Whig court," because it prevented a Democrat from holding one of the principal offices of the gov- ernment. This opinion was contrary to the principle generally accepted at this day, that the appointing power, when exercised by a single person, or by a body of men who can conveniently act, necessarily possesses the power of removal from office.
The second and far more important instance was the cele- brated Galena alien case. The alien vote of the state was about ten thousand; and it was estimated that nine-tenths of this vote was Democratic; and if they were excluded from the polls in 1840, it would determine the presidential election in favor of the Whigs. Theconstitution of 1818 provided that "in all elections, all white male inhabitants above the age of twenty-one years, having resided in the state six months next preceding the elec- tion, shall enjoy the right of an elector." The Whigs had long contended that this provision did not authorize any but citizens to vote; while the practice, ever since the constitution was adopted, had uniformly been to allow all residents, whether citizens or aliens, to vote, who had resided in the state six months. In order to test the right of aliens to vote, without naturalization, an agreed case was instituted at Galena, where there was a large alien vote in the mining district, between two Whigs, to recover the penalty of one hundred dollars, under the election law of 1829, because the defendant, who had acted as judge at the August election of 1838, had received the vote of an alien. Judge Dan. Stone, before whom the case was tried, decided that an alien was not entitled to the elective franchise, and therefore imposed the fine prescribed by the statute. The decision had great political significance, because it was believed by both parties that the alien vote of the state held the balance of power.
An appeal was taken to the supreme court, where it was argued at the December term, 1839, and then continued to the June term, 1840, when the exciting presidential campaign was in progress. If the case were decided adversely to the aliens, the state might be lost to the Democracy, and there was a general apprehension that such would be the decision. Judge Smith, the only Democratic justice then on the supreme bench, discovered a clerical error in the record. A motion to dismiss
262
HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
was thereupon founded, because it appeared by the record that the case argued was alleged to have occurred at a time when no general election could be held, namely, August, 6, 1839. The year 1838 was meant. For the purpose of correcting the rec- ord, a continuance was granted to the December term, which was subsequent to the presidential election, which was held in November. The achievement of discovering the flaw in the record was considered a remarkable stroke of legal acumen. When the case was called for final decision, the constitutional question of the right of an alien to vote was evaded, and it was decided that inasmuch as the alien, whose vote wasin question, by admission of both parties, possessed all the qualifications required by the law of 1829, the court erred in imposing the penalty. In the meantime, the November election in 1840 was held. Both houses of the legislature were largely Demo- cratic, and Stephen A. Douglas was made secretary of state.
During the progress of these proceedings, a bill had been introduced for the reorganization of the judiciary. Two great political questions had been brought before the supreme court : one had already been decided against the wishes of the Demo- cratic party, and it was thought the other, still pending, would be decided in the same way. The Democrats proceeded to rad- ical measures of redress. Mr. Douglas, who had been one of the counsel for the aliens, boldly charged in a speech before the lobby, that the main question had been purposely evaded by the court, in order to conciliate the Democrats, and defeat the bill. By an act of February 10, 1841, the general assembly legislated out of office the nine circuit judges, and increased the number of supreme court justices from four to nine. In addition to their duties as a supreme court, and their function as a council of revision, the law imposed upon them all the circuit court business of the state. Since 1835 the supreme justices had been relieved of circuit duty, and acted solely as a court of appeals, errors and revision. The change was an extreme partisan measure, and characterized by Governor Ford as "confessedly violent, and somewhat revolutionary." Before its approval the bill was presented to the council of revision, which returned it with its objections. The bill, however, was repassed, notwithstanding the objections of the council, in the senate by a large majority, and in the house by a majority of one. A protest was signed by a minority, among whom was Abraham Lincoln. The five additional supreme court justices
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263
ATTEMPT TO REMOVE JUDGE BROWN.
elected by the legislature under this law were Sidney Breeze, Walder B. Scates, Samuel H. Treat, Stephen A. Douglas, and Thomas Ford, who had been judge of the circuit which included Rockford. All these justices were Democrats. Thereafter all Democratic apprehensions were allayed concerning the party vote, nor did the majority of that court question the right of the executive to appoint his own secretary of state.
At the session of 1842-43 an effort was made to remove Judge Thomas C. Brown, on the ground of incompetency. He had been a member of the supreme court since the adoption of the constitution in 1818. Judge Brown was a genial gentleman, but he possessed no legal attainments. Upon the reorganization of the court, Judge Brown, whose home was at Shawneetown, was assigned to the remote Galena circuit, in the hope that he would resign. This plan failed; and four lawyers, Charles S. Hempstead, Thomas Drummond, Thompson Campbell and A. L. Holmes, filed specifications that he had not natural strength of intellect, and lacked the legal training requisite to a proper discharge of the duties of his high office. The senate refused to participate in the examination of these charges, and the house finally asked to be discharged from further consideration of the subject.
In 1847 another attempt was made to remove Judge Brown. A petition was numerously signed by the bar and citizens of Rockford. This petition, with all the signatures attached, has been preserved. Judge Brown, however, retained his position, and remained upon the bench until the reorgani- zation of the supreme court under the constitution of 1848.
These two decisions of the supreme court were notable events in the evolution of an elective judiciary in Illinois. Under the present system, the entire judiciary of the state is elected by the people. More than a century ago Alexander Hamilton said in the Federalist: "The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the prac- tice of government. In a monarchy, it is an excellent barrier to the despotism of the prince; in a republic, it is a no less excel- lent barrier to the encroachments and oppressions of the repre- sentative body. And it is the best expedient which can be devised in any government, to secure a steady, upright and impartial administration of the laws." Under the elective system, how- ever, a precedent has been established of continuing a judge in
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HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
office during "good behavior." Thus an elective judiciary is essentially consistent with the philosophy of Hamilton. More- over, the judiciary, which in Hamilton's time was considered the weakest department of the government, has become recog- nized as a co-ordinate branch, deriving its powers, as do the legislative and the executive, from a popular constitution ; and has attained its present position of honor and public confidence.
In pursuance of an act of the general assembly, approved February 20, 1847, a constitutional convention assembled at Springfield, June 7th of the same year. The delegates from Winnebago county were Selden M. Church and Robert J. Cross. The delegates from the neighboring county of Boone were Dr. Daniel H. Whitney and Stephen A. Hurlbut, both of whom were well known in Rockford at an early date. The Journal of Pro- ceedings indicate that all of these gentlemen took part in the discussions. Upon the organization of the convention, Mr. Church was appointed a member of the standing committee on the organization of departments and offices connected with the executive department ; Mr. Cross, a member of the commit- tee on the bill of rights; Mr. Hurlbut, on the judiciary depart- ment; and Dr. Whitney, on incorporations.
Early in the session Mr. Church introduced the following resolution : "Resolved, That the committee on the bill of rights be requested to inquire into the expediency of so amending the sixth article of the present constitution that it shall provide that 'there shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crimes whereof the parties shall have been duly convicted. Nor shall any person be deprived of liberty on account of color.'" June 26th Mr. Cross introduced the following resolution : "Resolved, That the committee on elections and the right of suffrage be instructed to inquire into the expediency of changing the time of holding elections from the first Monday in August to the Tuesday next after the first Monday in November, and the manner of voting from vive voce to ballot." Mr. Cross also led in an effort to secure in the new constitution a provision for a state superintendent of schools, with a liberal salary.
The convention continued in session until August 31st, when the new constitution was adopted. It was ratified by the people March 6, 1848, and in force from April 1st next follow- ing. The adoption of this new constitution was a notable event
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THE NEW CONSTITUTION.
in the transition of Illinois from a primitive, pioneer state to a great commonwealth. Many changes were made. A section, introduced by Mr. Hurlbut, of Boone, provided for township organization in the counties, whenever desired. The time of holding the general elections was changed from August to November; the method of voting changed from vive voce to ballot; the judiciary was made elective; and many improve- ments were made along other lines. This constitution remained in force until 1870. A new constitution was adopted in conven- tion in 1862, but it was rejected by the people. The delegate from Winnebago county to this convention was Porter Sheldon, a brother of C. W. Sheldon, of Rockford.
CHAPTER LII.
THE GALENA AND CHICAGO UNION : THE FIRST RAILROAD.
JANUARY 16, 1836, a charter was granted to the Galena & J Chicago Union Railroad Company, to construct a railroad with a single or double track, from Galena to Chicago. The capital stock was to be one hundred thousand dollars, with the privilege of increase to a sum not exceeding one million dollars. William Bennett, Thomas Drummond, J. C. Goodhue, Peter Semple, J. M. Turner, E. D. Taylor, and J. B. Thomas, Jr., were made commissioners for receiving subscriptions to the capital stock. At that time Galena was the leading village of this western country. This fact explains the precedence given to that name in the title of the road. The company was given three years in which to commence operations. Either animal or steam-power might be used. The charter was obtained mainly through the influence of Ebenezer Peck and T. W. Smith. ยท The Galena & Chicago Union was the first railroad chartered to be built from Chicago, upon which work was immediately begun. The road became an important factor in the great transportation system of Chicago, as well as the towns along the line.
Thirteen months after the charter was granted, the survey of the proposed route was begun by an engineer, James Sey- mour, and was extended from the foot of North Dearborn street as far as the Des Plaines river. Work was suspended in June, 1838, but resumed the following year, and piles were driven along the line of Madison street, and stringers placed upon them. It soon became evident, however, that Chicago's finan- cial strength was not equal to her ambition, and the enterprise was temporarily abandoned. The suspension of operations was a source of profound regret to the citizens of the Rock River valley, who had made several attempts to obtain better connec- tion with Chicago, first by means of the contemplated road, and later by canal. These schemes did not prove feasible, and other plans were substituted.
267
FIRST RAILROAD MEETING.
The agitation was continued in Winnebago county for sev- eral years. The first railroad meeting in Rockford was held November 28, 1845. Anson S. Miller was chosen chairman, and Selden M. Church, secretary. The meeting was addressed by Hon. Martin P. Sweet. It was resolved that those counties interested in the construction of a railroad from Galena to Chi- cago be recommended to send delegates to a convention to be held in Rockford, January 7, 1846, for the purpose of taking measures for the construction of the road at the earliest possible time. Jason Marsh, T. D. Robertson, and William Hulin were appointed a corresponding committee to carry out the object of the meeting. The following delegates were appointed to attend the convention from Winnebago county : Horace Miller, A. C. Gleason, Robert Barrett, Harvey Gregory, Robert J. Cross, Asa Farnsworth, Stephen Mack, Thomas B. Talcott, Leman Pettibone, Guy Hulett, Snyder J. Fletcher, Alonzo Hall, Daniel Baker, E. S. Cable, Harvey Woodruff, Joseph Manches- ter, George Haskell, Willard Wheeler, E. H. Potter, Newton Crawford, J. C. Goodhue, S. M. Church, Anson Miller, Jason Marsh, and T. D. Robertson.
December 5, 1845, a meeting was held in Chicago to select delegates to the Rockford convention. Mayor A. Garrett pre- sided, and Isaac N. Arnold was secretary. The meeting was addressed by J. Y. Scammon, of Chicago, and William Baldwin, of Boston. The following delegates were chosed to attend the convention at Rockford : Isaac N. Arnold, J. Y. Scammon, J. B. F. Russell, Mark Skinner, Thomas Dyer, E. W. Tracy, John Daulin, Stephen F. Gale, William H. Brown, Walter L. New- berry, William E. Jones, Bryan W. Raymond, F. C. Sherman, William Jones, Mayor A. Garrett. Meetings were held at Belvi- dere December 20th, and at Freeport December 25th, for the selection of delegates to the convention.
The convention was held at Rockford January 7, 1846. Delegates were present from the counties proposed to be trav- ersed by the line. Cook county sent sixteen delegates; De Kalb, one; McHenry, fifteen ; Rock, three; Ogle, eighty ; Boone, forty-two; Lee, one; Kane, fifteen ; Stephenson, forty; Winne- bago, one hundred ; Jo Daviess, six; a total of three hundred and nineteen delegates. It will be observed that Winnebago, and probably other counties, sent a larger delegation than had been authorized by the preliminary meeting. The convention was called to order at twelve o'clock, by T. D. Robertson, who
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HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
nominated I. N. Arnold for temporary chairman. Mr. Robert- son was chosen secretary, pro tem. The committee appointed to nominate permanent officers presented the following report: Thomas Drummond, of Jo Daviess, president; William H. Brown, of Cook; Joel Walker, of Boone; Spooner Ruggles, of Ogle; Elijah Wilcox, of Kane, vice-presidents ; T. D. Robertson, of Winnebago; J. B. Russell, of Cook; S. P. Hyde, of McHenry, secretaries.
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