USA > Illinois > Sangamon County > History of Sangamon County, Illinois, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens > Part 10
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Sawyer had the malice to let Cavarly proceed and read authorities for some time, but at last interposed and said:
"Mr. Cavarly, you have satisfied the court, and if you desire it I shall grant you a new trial."
But at this point his client whispered in his car:
"Don't take it, Mr. Cavarly, or they will whip me again."
The court went on to finish his remarks:
"But I will inform you that your client has been whipped, and received thirty-nine lashes on his bare back, well laid on, for I saw and counted them."
Cavarly exclaimed with great indignation:
"This is an ontrage, and I protest against such conduct on the part of a court."
"Oh, Mr. Cavarly, you have a right to pro- test. Clerk, enter Mr. Cavarly's protest on the record;" and turning to Mr. Cavarly, said: "Now. Mr. Cavarly, bring on your corn mer- chant (meaning a client of Cavarly's, who was charged with stealing corn), and we will dispose of him as we have with your hog merchant"- the man who had been whipped.
Judge Sawyer has long since been dead.
A change was again made in the circuit by an act approved January 12, 1827, it now em- bracing Peoria, Fulton, Schuyler, Adams, Pike, Calhoun, Greene, Morgan and Sangamon; San- uel D. Lockwood being Judge of the Cireuit.
In January, 1829, Sangamon county still formed part of the first circuit, together with the counties of Pike, Calhoun, Greene, Macou- pin, Morgan, Macon, and Tazewell. Two years later McLean was added to the circuit. No fur- ther change was then made until 1835, when there was a general reorganization, this district remaining the same, with the exception that Pike county was taken from it. Stephen T. Logan was elected this year, and served with great credit to himself and the district for two years. On the 20th day of March, 1837, Wil- liam Brown was commissioned, and served four months, when Jesse B. Thomas, Jr., was duly commissioned. Judge Thomas, of whom men- tion is made in the history of the Bar, resigned in 1839.
In 1839, a new Judicial Circuit, numbered the eighth, was formed, comprising the counties of Sangamon, MeLean, Macon, Tazewell, Menard, Logan, Dane (now Christian) and Livingston. This circuit was formed by act of the legisla- ture approved February 23, 1839. Stephen T. Logan, a few days subsequently, received a com- mission as judge of the circuit, but resigned the office in about three months, and Samuel H. Treat was commissioned to fill the vacancy. Judge Treat was elected and recommissioned January 30, 1840, and held the office up to the time of the adoption of the new constitution in 1848. A sketch of Judge Treat will be found in connection with the bar history.
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HISTORY OF SANGAMON COUNTY.
By the constitution of 1848, the State was di- vided into nine judicial circuits, in each of which a judge was elected September, 1848., The legislature was anthorized to increase the number of circuits as might be required. No change was made in the Eighth Circuit, of which Sangamon county was a part.
David Davis was the first judge elected in this cirenit under the new constitution. Judge Davis is a native of Maryland. After gradnat- ing at a New England college, and having studied law with a noted barrister, he came to Illinois when quite a young man and settled in Pekin, where he remained about one year and then moved to Bloomington. Here he opened a law office, and by his sagacity, economy and industry, he soon won his way to respectable in- dependence. In his Reminiscences of the Bar, General Linder has this to say of Judge Davis:
" For his promotion to the circuit judgeship, Mr. Davis was largely indebted to his old and tried friend, Abraham Lincoln, and to the eter- nal credit of Judge Davis, be it said, he never forgot it. When a member of the convention in 1860, that nominated the Republican candi- date for President, Judge Davis had as large, if not a larger share in bringing about the nomi- nation of Mr. Lincoln than any other member of that convention, and when Mr. Lincoln was elected, Davis was invited to accompany him to Washington as one of his suite. Mr. Davis is a large man-about six feet high, very corpulent, and weighing some three hundred and fifty pounds. He accepted Mr. Lincoln's invitation, and being somewhat conspicuous for his size, and for wearing a white silk hat, the aspirants for office perceived by the attentions paid him by Mr. Lincoln that he had no small influence with the President-elect, and they paid about as much court to the man with the white hat as to Mr. Lincoln himself.
" But I wish to go back to the time when he was circuit judge of the State of Illinois, and Mr. Lincoln and myself both practiced in his circuit-Mr. Lincoln in the whole of it, and I in the counties of Vermilion, Edgar and Shelby, and occasionally in Champaign. Judge Davis was a very impartial judge, and though not in- tending to show a preference for one of his lawyers over another, such was the marked dif- ference he showed to Mr. Lincoln, that Lincoln threw the rest of us in the shade. But as Mr. Lincoln could not take both sides of a case, An- thony Thornton, myself and other prominent lawyers, were employed on the opposite side of cases in which Mr. Lincoln was engaged on one
side or the other. Judge Davis always treated me with great kindness and consideration, and I wish to state here, before going further, lest the reader should think that my practice was confined to cases in which I was opposed to Mr. Lincoln, that in weighty and hotly contested cases we were often associated together. so that I cannot say that I was at all damaged by the friendship shown for him by his Honor, Judge Davis. I think it quite likely that had I been placed in the same relation to Mr. Lincoln that Judge Davis was, I should have shown to him the same consideration as was shown him by his Honor, Judge Davis.
" Lincoln and myself generally put up at the same hotel, and frequently slept in the same room, and not nnfrequently Lincoln and I ocenpied the same bed. Judge Davis was too large to take either of us for a bed-fellow.
"Among the most pleasant days of my life I recall those when we three traveled together from Danville to Paris, and from there to Shelbyville. The courts of those three places lasting on an average from two to three weeks each. Ah! what glorious fun we had some- times!
"I will give a little incident here to show the eccentricity of Judge Davis, which occurred at the Paris Cirenit Court. Judge Harlan, who was then judge on the circuit south of here, came up to Paris on some special busi- ness of his, and Judge Davis, observing him in the court house, invited him to come up and take a seat on the bench beside him, which Judge Harlan did; and while there a little appeal came up, in which there was only about three dollars in controversy, in which I was engaged. I read a decision of the Supreme Court which I thought, and which was decis- ive of the case. Judge Davis turned to Harlan and whispered in his ear, as I afterwards learned from Judge Harlan, 'Great God!' said he, 'for a lawyer of Linder's age and standing to read a decision of the Supreme Court in a little appeal case where there are only three dollars in dispute!' He neverthe- less gave a decision in favor of my client.
"Another little circumstance I will relate, going further to show his eccentricity and his friendship for me. Some time in the year, I think of 1850, I went up to Springfield, either on a visit or on some business or other, when Judge Davis was holding his court there; and I had landed but about an hour when the prosecuting attorney, hearing that I was in town, came and employed me to assist him in
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HISTORY OF SANGAMON COUNTY.
the prosecution of a woman and her paramour for the murder of her husband by the admin- istration of poison. As I entered the court room, Judge Davis being on the bench, and perceiving me to enter the room with my pipe in my mouth, said in an audible voice:
' Mr. Sheriff, you will permit no one to smoke in this room while court is in session except General Linder.'
" It created quite a laugh over the house, and yon may rest assured I was not so modest or self-denying as to refuse to take advantage of the permission thus given me to smoke my pipe during the progress of the trial.
,"I have already stated that Davis, by invita- tion of Mr. Lincoln, went with him to Wash- ington, and was present at his inauguration, and I was informed remained there for some considerable time. And although he held no cabinet office under Mr. Lincoln, yet it was pretty well known that Mr. Lincoln had great confidence in Judge Davis, and consulted him on public affairs frequently during those dark and perilous days just before and after the war commenced. I am inclined to think that Mr. Lincoln tendered him a place in his cabi- net, but Judge Davis waited for a safer and more permanent place. His ambition was to reach the Supreme Bench of the United States, and after a while, a vacancy occurring, Judge Davis was appointed to fill the place, over the heads of such men as Salmon P. Chase and other formidable aspirants. His nomination was confirmed by the Senate of the United States. He has made a most excellent judge, and has delivered some opinions on constitu- tional questions which have given him a national reputation.
In 1877, Judge Davis was elected to the United States Senate for the term of six years. In the Senate he has occupied an independent position, though generally acting with the Demo- cratic members of that body.
By an act approved February 3, 1853, the Eighth Circuit was composed of the following counties: Sangamon, Logan, McLean, Wood- ford, Tazewell, De Witt, Champaign and Vermil- ion. As thus constituted it remained unchanged until 1857. By an act approved February 11, 1857, Sangamon county was made part of the Eighteenth Circuit, together with the counties of Macoupin, Montgomery and Christian.
On the organization of this new circuit, Ed- ward Y. Rice was elected and served as judge of the circuit until 1870. Judge Rice was elected to this office from Montgomery county, and 9 --
served acceptably during the continuance of the circuit. He is a man of clear mind, a good judge of law, his judgment rarely being reversed. He was appreciated by the entire bar, not only of Sangamon county, but of the circuit.
In 1869, Sangamon county, together, with Ma- conpin, embraced the Thirtieth Judicial Circuit. Benjamin S. Edwards was commissioned judge of the circuit, and held the office abont fifteen months and then resigned. While on the bench he was quite popular with bar and people. (See sketch in connection with the history of the bar.)
John A. McClernand was elected to fill the vacancy, and was commissioned July 12, 1870. He remained in the office until the expiration of the term. A sketch of Judge McClernand ap- pears in connection with the bar history.
The General Assembly, by an act approved March 28, 1873, divided the State into twenty- six judicial circuits, Sangamon county. together with the counties of Macoupin, Shelby, Chris- tian, Fayette and Montgomery, comprising the nineteenth. Charles S. Zane, of Springfield, was the first elected judge of this new circuit.
In 1877, the State was divided into thirteen judicial circuits, with three judges in each cir- cuit. Horatio M. Vandeveer, of Taylorville, Charles S. Zane, of Springfield, and William R. Welch, of Carlinville, were the three elected for the Fifth Judicial Circuit, embracing the coun- ties of Sangamon, Christian, Macoupin, Shelby, Montgomery.
Horatio M. Vandeveer was raised in Sangamon county, but removed to Christian county when a young man, and there studied law and was admitted to the bar. He was elected judge of the Twentieth Judicial Circuit in 1873, and re- tained as one of the three judges of the newly organized Fifth Circuit. Judge Vandeveer was highly esteemed by the bar, and made an excel- lent judge. Before being elected to this office he served a term in the legislature very accept- ably. Hle declined a re-election on the expira- tion of his term, and is now engaged in banking and in the practice of law in Taylorville.
William R. Welch is from Carlinville, and is recognized by the bar and people as above the average ability as a judge.
Jesse J. Phillips was elected in 1879, and is a citizen of Hillsboro. He has had but a short experience as judge, but has served very accept- ably. During the war he was recognized as a brave and gallant officer, the Colonel in com- mand of one of our Illinois regiments, and was wounded two or three times during the service.
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HISTORY OF SANGAMON COUNTY.
PROBATE AND COUNTY COURTS.
Agreeable to an act of the legislature, ap- proved February 10, 1821, a Courtof Probate was established in this county and James Latham was duly commissioned Probate Judge, and held the first term of court June 4, 1881. The only business transacted this day was to issue letters of administration to Randolph Wills on the estate of Daniel Martin, deceased.
Court met and adjourned three times, after its first meeting, without transacting any busi- ness, until August 26, 1821, when the filing and recording the will of Peter Lanterman occupied the attention of the court one entire day. The following is a copy of the first will given in the records of the court:
" Before the witnesses now present, Louis Bennett, in perfect memory, does give to the daughters of Kakanoqui, Josett Kakanoqui, and Lizett Kakanoqui, two thousand livres each, and six hundred livres for prayes for his father; also, six hundred livres for him, if for prayes, and thirty dollars for prayes promised, and one hundred dollars for Kakanoqui, the rest of his money to be given to his brothers and sisters of Louis Bennett. After duly hearing read over before the wit- nesses now present, and signing the same will, he does voluntarily appoint Joseph D. Portecheron and Louis Pencoune tu, Sr., as exacquators of his will.
his
LOUIS BENNETT.
mark
JOSEPH D. PORTECHERON, ) JOSEPH DUTTLE, his Witnesses."
FRANCOIS BARBONAIS, mark
James Latham, the first Probate Judge of Sangamon county, was born in Loudon county, Virginia, October 25, 1768. Ile emigrated when a young man to Kentucky, and was there mar- ried to Mary Briggs in 1792. In 1819, with his family, he removed to Illinois, and settled at Elkhart Grove, then a part of Sangamon, but now of Logan county. As already intimated, on the organization of the county he was ap- pointed Probate Judge. He held the office but a few months and then resigned, having received the appointment of Superintendent of the In- dians around Fort Clark. Soon after receiving this appointment he removed his family to that place, and died there December 4, 1826.
Zachariah Peter was appointed to fill the vacancy occasioned by Judge Latham's resigna- tion, and served about one year. Zachariah Peter was a Virginian by birth, but was raised in Kentucky, where he was married to Nancy Spaulding. In September, 1818, Mr. Peter ar- rived in Sangamon county, and finding an empty cabin in what is now Ball township, he moved
his family into it, remaining there until the fol- lowing spring, when he erected a cabin for him- self about three miles north. Mr. Peter was one of the three commissioners appointed to locate the temporary seat of justice for Sangamon county, and filled several important county offices, serving for several years as one of the board of County Commissioners. He died in Springfield, August 5, 1864.
Charles R. Matheny succeeded to the office of Probate Judge in 1822, and held the office for three years. Charles R. Matheny was born in Loudon county, Virginia, March 6, 1786. When a young man he went on a visit to a brother in Kentucky, and was there licensed to preach by the proper authorities in the Methodist Episco- pal Church. In 1805 he was appointed by that body as missionary to a portion of the Illinois, but then known as the Indiana Territory. Ile settled in what is now St. Clair county, and continued for some years to preach the gospel. While engaged in ministerial duties, he read law and was admitted to the bar. In 1817 he was appointed Prosecuting Attorney for the Ter- ritory. In 1821, he was induced by the tender of the office of County Clerk, County Auditor and Circuit Clerk, and other prospective advantages, to come to Sangamon county, arriving at Spring- field in the spring of 1821. In Springfield and throughout the county he was very popular, and received many favors from the people. He was for several years president of the Board of Trus- tees of the village of Springfield, and held the office of County Clerk until his death, which oc- curred October 10, 1839.
James Adams, of whom mention is made in the history of the bar, was the next to fill the office of Probate Judge, his commission bearing date August, 1825. Judge Adams held the office until 1843.
Thomas Moffett was elected in 1843, and served until 1849.
By the Constitution of 1848, counties not or- ganized under the Township Organization Law were governed by a Board of Justices, consist- ing of a County Judge and two associates. The County Judge performed under this law all the duties formerly devolving upon the Probate Judge. Under this act, Thomas Moffett was elected to the office of County Judge, and served four years. (See sketch of Judge Moffett in bar history.)
John Wickliffe Taylor was elected to succeed Judge Moffett, and commenced his official life in December, 1853. Judge Taylor was a native of Kentucky, and after his marriage, in 1833, he
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HISTORY OF SANGAMON COUNTY.
moved to Springfield, Illinois, where he re- mained one year, and then settled on a farm in Cartwright township, where he was living at the time of his election.
William D. Power was elected as the successor of Judge Taylor, in 1857. Judge Power was born in Bath county, Kentucky, May 2, 1821, and was brought by his parents to Sangamon county the same year. Here he grew to man- hood, and so lived as to merit the esteem of all who knew him. In 1861 he was re-elected County Judge, and died in office March 2, 1863.
Norman M. Broadwell was elected to fill the vacancy caused by the death of Judge Power. He served out the term. (See sketch in bar history.)
William Prescott was the successor of Judge Broadwell, and served from 1865 to 1869. (See sketch in bar history.)
A. N. J. Crook was the next to fill the office of County Judge. He was elected in 1869, and
served four years. He is a member of the bar of Sangamon county, and a further notice of him appears in that connection.
James H. Matheny was first elected county judge in 1873, and re-elected in 1877. He has made an extremely popular judge. (See sketch in connection with the history of the bar.)
When the county adopted the township or- ganization law the office of Associate Justice was abolished, and the legislative duties performed by the County Judge and associates were vested in a Board of Supervisors. The County Judge was still retained in office as Judge of Probate.
By the Constitution of 1870 county courts were created having original jurisdiction in all matters of probate, and made a court of record. By an act of the legislature it has been given common law jurisdiction to the amount of $1,000. A. N. J. Crook was the first County Judge under the new law.
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HISTORY OF SANGAMON COUNTY.
CHAPTER V.
THIE BAR OF SANGAMON COUNTY.
The Bar of Sangamon county has ever been a subject of pride among her citizens. Some of the best legal minds, fairest logicians and finest orators of the age have practiced before her courts, many of whom have claimed a residence in the county. In reviewing the history of the Bar, it must be born, in mind that as the pros- perity and well-being of every community de- pends upon the wise interpretation, as well as upon the judicious framing of its laws, it must follow that a record of the members of the Bar must form no unimportant part in the county's history. Upon a few principles of natural jus- tice is erected the whole superstructure of civil law, tending to relieve the wants and meet the desires of all alike. The business of the lawyer is not to make the laws, but to apply them to the daily affairs of men. But the interests of men are diversified, and where so many inter- ests and counter interests are to be protected and adjusted, to the lawyer and the judge are presented many interesting and complex prob- Iems.
Change is everywhere imminent The laws of yesterday do not meet the wants and neces- sities of the people of to-day, for the old rela- tions do not exist. New and satisfactory laws must be established. The discoveries in the arts and sciences, the invention of new contri- vances for labor, the enlargement of industrial pursuits, and the increase and development of commerce are without precedence, and the science of law must keep pace with them all, nay, it must even forecast the event, and so frame its laws as will most adequately subserve the wants and provide for the necessities of the new con- ditions. Hence the lawyer is a man of to-day. The exigencies he must meet are those of his own time. His capital is his ability and indi- viduality. He cannot bequeath to his successors the characteristics that distinguished him, and at his going, as a general thing, the very evidences of his work disappears.
Anthony Thornton,
President of the State Bar Association, in 1878, in an address before the association, thus speaks of the lawyer: "In the American State the great and good lawyer must always be prominent, for he is one of the forces which move and control society. Public confidence has generally been reposed in the legal profession. It has ever been the defender of popular rights, the cham- pion of freedom, regulated by law, the firm sup- port of good government. In times of danger it has stood like a rock and breasted the mad passions of the hour, and firmly resisted tumult and faction. £ No political preferment - no mere place- can add to the power or increase the honor which belong to the pure and edu- cated lawyer. The fame of Mansfield and Mar- shall and Story can never die. 'Time's iron feet can print no ruin-trace' upon their charac- ter. Their learning and luminous exposition of our jurisprudence will always light our path- way. It is our duty to preserve the prestige of the profession. The past, at least, is secure: the present and future summon us to action. With the progress of society, and the increase of population, wealth and trade, varied interests arise, and novel questions, requiring more thought, confront us. A disregard of the law has been developed, crime meets ns unabashed, and corruption stands unmasked in the high places of the land. It is no fancy picture that the law has, to some extent, lost its authority, and it is only the shade of that which once was great. Hence, new duties are imposed. and a firmer courage is required. * The exal-
tation of the profession is a duty enjoined upon us. It is a debt which only death can discharge. Lord Bacon has said, 'every man is a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor, them- selves, by way of amends. to be a help and ornament thereto.' Every lawyer is a debtor to his profession. If worthy, it gives him an hon-
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HISTORY OF SANGAMON COUNTY.
orable character and high position. The lawyer should prize and love his profession. He should value its past renown, and cherish the memory of great men whose gigantic shadows walk by us still. He should love it for the intrinsic worth and innate truth of the fundamental truths which adorn it."
In compiling a history of the Bar one is as- tonished at the small amount of material for a memoir of those who have been so intimately connected with and exerted such influence upon the country's welfare and progress. Aside from the few who have become great, whose names are emblazoned on history's page, but little is known of many who at one time were very prominent in the legal profession in the county. But the names of Lincoln, Douglas, Shields, Baker, Logan, Trumbull, Hardin, Breese, Lock- wood, Linder and scores of others mentioned in these pages will always find a place in their country's history, and Sangamon county has reason to be proud, not only of so many distin- guished sons, but of the many others who have practiced in her courts.
FIRST DECADE.
Sangamon county was organized in 1821, and in the decade following, the names of Henry Starr, John Reynolds, Sidney McRoberts, Al- fred Cavarly, William Thomas, Benjamin Mills, William A. Hamilton, William Mendel, James Adams, Thomas M. Neale, James M. Strode, Jonathan H. Pugh, Thomas Moffett, John T. Stuart, S. D. Lockwood, Judge Smith, Alfred Coles, Mr. Rogers, James Turney, John L. Bogardus, David Prickett and George Forquer appeared upon the dockets of the court-an array of distinguished names which would be an honor even to the Bar of to-day, many of whom have since become distinguished, and few of whom are now living.
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