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 14

Author: Interstate publishing co., Chicago. [from old catalog]
Publication date: 1881
Publisher: Chicago, Inter-state publishing company
Number of Pages: 1084

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 14

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and before Lincoln had uttered many words, he would be impressed with his clear good sense, his remarkably simple, homely, but expressive Saxon language, and next his wonderful wit and humor. Lincoln was more familiar with the Bible than with any other book in the language, and this was apparent, both from his style and illustrations, so often taken from that Book. He verified. the maxim, that it is better to know thoroughly a few good books than to read many.

"Douglas was little more than five feet high, with a strong, broad chest, and strongly marked features; his manners, also, were cordial, frank and hearty. The poorest and humblest found him friendly. He was, in his earlier years, hale fellow well met with the rudest and poorest man in the court room.

"Those of you who practiced law with him, or tried causes before him when on the bench, will remember that it was not unusual to see him come off the bench, or leave his chair at the Bar, and take a seat on the knee of a friend, and with one arm thrown familiarly around his friend's neck, have a friendly talk, or a legal or political consultation. Such familiarity would have shocked our English cousins, and disgusted our Boston brothers, and it has, I think, disap- peared. In contrast with this familiarity of Douglas, I remember an anecdote illustrating Colonel Benton's ideas of his own personal dig- mity. A distinguished member of Congress, who was a great admirer of Benton, one day approached and slapped him familiarly and rudely on the shoulder. The Senator hanghtily drew himself up, and said, 'That is a familiar- ity, sir, I never permit my friends, much less a comparative stranger. Sir, it must not be re- peated.'

"Lincoln and Douglas were, as we know, both self-educated, aud each the builder of his own fortune. Each became, very early, the recognized leader of the political party to which he belonged. Douglas was bold, unflinching, impetuous, denunciatory and determined. He possessed, in an eminent degree, the qualities which create personal popularity, and he was the idol of his friends. Both Lincoln and Douglas were strong jury-lawyers. Lincoln, on the whole, was the strongest jury-lawyer we ever had in Illinois. Both were distinguished for their ability in seizing and bringing out, distinctly and clearly, the real points in a case. Both were very happy in the examination of witnesses; I think Lincoln the stronger of the two in cross-examination. He could compel a witness to tell the truth when he meant to lie.

HISTORY OF SANGAMON COUNTY.

He could make a jury laugh, and, generally, weep, at his pleasure. Lincoln on the right side, and especially when injustice or frand were to be exposed, was the strongest advocate. On the wrong side, or on the defense, where the accused was really guilty, the client with Douglas for his advocate would be more fortu- nate than with Lincoln.

"Lincoln studied his cases thoroughly and exhaustively. Donglas had a wonderful faculty of extracting from his associates, from experts and others, by conversation, all they knew of a subject he was to discuss, and then making it so thoroughly his that all seemed to have origi- nated with himself. He so perfectly assimi- lated the ideas and knowledge of others that all seemed to be his own, and all that went into his mind came out improved.

" The ablest argument I ever heard him make was in the case of Daniel Brainar vs. The Canal Trustees, argued at Ottawa, June, 1850, reported in 12 Ill. Reports, 488. The question involved the extent of the right of pre-emption by set- tlers upon canal lands, within the city of Chi- cago. The judges were Treat, Trumbull and Caton. Judges Treat and Trumbull concurred in deciding the case against Douglas, Judge Caton dissenting. He made, in this case, one of the ablest arguments I ever heard at any Bar.

"In 1841, Mr. Douglas, being then not quite twenty-eight years old, was elected one of the Judges of the Supreme Court. He was not a profound lawyer, but with his clear common sense and incisive mind, after a case was well argued, he always knew how to decide it. He held the position of Judge for about two years, and was then, after a very active canvas, elected to Congress by a small majority over O. H. Browning. From this time until his death, in the early summer of 1861, he remained in Con- gress, serving in the House until 1846, when he was elected to the Senate, of which he continued a member to the time of his death. Ilis ablest speech in the House was made on the 7th of Jannary, 1844, on a bill to refund to General Jackson the fine imposed upon him by Judge Hall, during the defense of New Orleans. In this masterly argument he took the then bold and novel ground that the fine was imposed in violation of law. It is a curions fact that, in this speech, Douglas claimed for General Jackson many of the war-powers exercised by President Lincoln and his generals during the rebellion, and for which the President was so bitterly de- nounced by his political opponents. This speech

gave him a national reputation. After the death of the hero of New Orleans a pamphlet copy of this speech was found among his papers, with an endorsement in Jackson's hand-writing, and signed by him, in these words: "This speech constitutes my defense. Ilay it aside as an in- heritance for my grand-children.".

"Mr. Lincoln remained in active practice at the Bar until his nomination for the Presidency in 1860. His reputation as a lawyer and advocate was rising higher and higher. He had a large practice on the circuit all over the central part of this State, and he was employed in most of the important cases in the Federal and Supreme Courts. He went on special retainers all over Illinois, and occasionally to St. Louis, Cincin- nati, and Indiana. His law arguments ad- dressed to the judges were always clear, vigor- ous, and logical; seeking to convince rather by the application of principle than by the cita- tion of authorities and cases. On the whole, I always thought him relatively stronger before a jury than with the court. He was a quick and accurate reader of character, and understood, almost intuitively, the jury, witnesses, parties, and judges, and how best to address, con- vince, and influence them. He had a power of conciliating and impressing everyone in his favor. A stranger coming into court, not know- ing him, or anything about his case, listening to Lincoln a few moments, would find himself involuntarily on his side, and wishing him suc- cess. His manner was so candid, so direct. the spectator was impressed that he was seeking only truth and justice. He excelled all I ever heard in the statement of his case. However complicated, he would disentangle it, and pre- sent the turning point in a way so simple and clear that all could understand. Indeed. his statement often rendered argument unnecessary. and often the court would stop him and say, "if that is the case, we will hear the other side." He had in the highest possible degree the art of persuasion and the power of conviction. His illustrations were often quaint and homely, but always clear and apt, and generally conclusive. He never misstated evidence, but stated clearly, and met fairly and squarely his opponent's case. His wit and humor and inexhaustible stores of anecdote, always to the point, added immensely to his power as a jury advocate.

The last case Mr. Lincoln ever tried was that of Jones vs. Johnson, tried in April and May, 1860, in the United States Circuit Court, at Chicago. The case involved the title to land of very great value, the accretion on the shores of

HISTORY OF SANGAMON COUNTY.

Lake Michigan. During the trial, Judge Drum- mond and all the counsel on both sides, including Mr. Lincoln, dined together at my house. Doug- las and Lincoln were at the time both candi- dates for the nomination for President. There were active and ardent political friends of each at the table, and when the sentiment was pro- posed, " May Illinois furnish the next Presi- dent," it was, as you imagine, drank with en- thusiasm by the friends of both Lincoln and Douglas.

Jesse B. Thomas, Jr., was a nephew of the eminent statesman of that name, a former United States Senator, and well known in the early day. He was an attorney of more than ordinary ability, and succeeded Ninian W. Edwards as Attorney General of the State in 1885. In 1837 he was appointed Circuit Judge, but resigned after the expiration of two years. He was at one time a partner of David Prickett, in Spring- field, and afterwards of William L. May. He finally went to Chicago and died there.

E. D. Baker came to Springfield in 1835, from Greene county, Illinois. He was born in London, England, February 24, 1811, and emigrated with his parents to America shortly after the close of our late war with England, and after remaining for a time in Philadelphia he came west and settled in Indiana, and from thence to Illinois. He early manifested a strong passion for books, reading with avidity everything on which he could lay his hands, particularly history, biogra- phy and poetry. Possessing a rare aptitude for acquiring information, a ready and highly reten- tive memory, his mind soon became stored with the rich treasures of literary lore, from which, in after years, he drew copiously as from a per- ennial fount. At Carrollton, Greene county, Mr. Baker studied law in the office of A. W. Cavarly, serving at the same time as deputy in the office of the County Clerk. As soon as he gained a super- ficial knowledge of the science of law, spurred on by necessity, he procured a license and com- menced practice. Owing, however, to his youth, limited legal attainments and the absence of in- fluential friends, during the first years of his professional life, he met with indifferent success.

While in Carrollton, Mr. Baker was married to Mrs. Mary A. Lee. Soon after marriage he united with the Christian Church, and being naturally of an impulsive and enthusiastic tem- perament, he was very zealous in the discharge of his religious duties, became an able exhorter, and began to entertain serious thoughts of en- gaging in regular ministerial work. As time passed, his mind becoming occupied with poli-

tics, he finally ceased his connection with the religious body. While an active member of the church, he first discovered that boldness of thought, that opulence of expression, that grace- ful and persuasive manner of speaking, for which he became so justly celebrated in after life.

Shortly after coming to Springfield, Mr. Baker associated himself in the practice of law with Josephus Hewett. Subsequently, he entered into partnership with Stephen T. Logan, and for a short time with Albert T. Bledsoe. It was here that Baker first applied himself seriously to the duties of his profession, and here he won his first laurels as an advocate. Surrounded by the great men already mentioned as comprising the Sangamon County Bar during this Decade, Baker was compelled to struggle for that emi- nence in his profession which he rapidly at- tained. Although disinclined to close, continu- ous study, and often negligent in the preparation of his cases, he had sufficiently mastered the principles and intricacies of the law, as to meet the ordinary requirements of practice, and his nativegenius supplied any deficiency. His con- fident, self-possessed air amidst the bustle of a court of law, his quickness of perception, ready wit, fertility in resources and ardent eloquence, enabled him to achieve the victory in spite of the most determined opposition from older or more experienced antagonists. In jury cases he was especially successful, for in these he was less fettered by the legal forms and technicalities which ordinarily curb the reins of youthful im- agination. Indeed. a jury to him was but'a mini- ature popular assembly, before which he could pour out his argument and invective at will, or indulge in those exquisite touches of pathos, which failed not to awaken the sympathy and move the hearts of his auditors. Enterprising and ambitious, Mr. Baker early directed his attention to politics as opening the shortest road to preferment. In 1837 he was elected to the General Assembly from Sangamon county to fill the vacancy occasioned by the resignation of Dan Stone. In the following year he was re-elected. In the campaign of 1840 he took an active part in the support of General Harrison. In 1844 he was elected to Congress, and was a member of that body when the war with Mexico broke out. Returning home from Washington, he raised a regiment and was com- missioned colonel. In this war he earned a reputation as a brave and gallant commander.

On his return from Mexico he removed to Galena and was there re-elected to Congress. He took his seat the second time in December,

HISTORY OF SANGAMON COUNTY.

1849. He bore an active if not a conspicuous part in the debates upon those grave National issues, which formed so prominent a feature in the first session of the 31st Congress. He favored some, but not all the compromise meas- ures passed at that session. The annexed para- graph, taken from a speech made by him on these historie questions, was prophetie of his future fate:

"I have only to say that if the time should come when dissension rules the hour, and dis- cord reigns supreme, I shall be ready to give the best blood in my veins to my country's cause. I shall be prepared to meet all antagonists, with lance in rest, to do battle in every land, in de- fense of the constitution of the country, which I have sworn to support to the last extremity, against disunionists and all its enemies, whether North or South-to meet them everywhere, at all times, with speech or hand, with word or blow, until thought or being shall be mine no longer."

In 1852 Colonel Baker emigrated with his family to California Establishing himself in San Francisco, he once more commenced the practice of law. His fame as an advocate and orator had preceded him, so that he soon found himself in the midst of an extensive business. Almost at one bound, and with apparently little effort, he rose to the summit of his profession, and to a share in the best practice of the courts of that youthful commercial metropolis. Here it was that he achieved his highest reputation as a lawyer, and perhaps his most brilliant renown as an orator.

While living in California, he early identified himself with the Free Soil movement. When Senator Broderick, the chief of the Douglas Democracy in that State was killed in a duel with Judge Terry, it was Colonel Baker that was called upon to deliver the funeral oration, and right royally did he perform that sad duty. The oration has seldom, if ever, been surpassed. Space forbids even a quotation in this place.

Shortly after the unhappy death of Broder- iek, Colonel Baker removed to Oregon. Here he was soon after elected to the United States Senate. Returning to San Francisco, on his way to the East, he was the recipient of a public ovation. In his speech upon the occasion, he said:

"As for me, I dare not, will not, be false to freedom. Where the feet of my youth were planted, there by freedom my feet shall ever stand. I will walk beneath her banner. I will glory in her strength. I have seen her in his-

tory struck down on a hundred fields of battle. I have seen her friends fly from her, her foes gather around her. I have seen her bound to a stake. I have seen them give her ashes to the winds. But when they turned to exult, I have seen her again meet them face to face, resplend- ent in comp ete steel, brandishing in her strong, right hand a flaming sword, red with insuff- erable light. I take courage. The people gather around her. The genius of America will yet lead her sons to freedom."

In December, 1860, while en route to Wash- ington, Colonel Baker paid a hasty visit to Springfield, where he was honored with a publie reception. On behalf of the citizens, J. C. Conkling, in a neat and tasty speech, formally welcomed him to the scenes of his early labors and triumphs. The Senator eleet responded in characteristic style. He expressed the liviliest gratitude at the heartiness and enthusiasm with which he had been received by his old friends, without distinction of party; referring in touch- ing language to his previous history; alluded to the wonderful growth and prosperity of Illinois, and of the great West; and spoke with soliei- tude of our National difficulties and the impend- ing civil war.

On taking his seat in the Senate, Colonel Baker entered industriousły upon the discharge of the responsible duties of his station, and ranked from the outset among the foremost orators and debaters in that dignified body. His addresses on the 2d and 3d days of January, 1861, in reply to Judah P. Benjamin, of Louisi- ana, was one of the most eloquent delivered during that storm period.

On the 20th day of April, a few days after the fall of Fort Sumter, Colonel Baker spoke in New York City to one of the largest assem- blages ever enchained by the eloquence of a sin- gle man. In closing his address, he dedicated himself anew to the service of his country in these grandly eloquent words, which were greeted with tremendous applause:

"And if, from the far l'acific, a voice feebler than the feeblest murmur on its shores, may be heard to give you courage and hope in this con- test, that voice is yours to-day. And if a man whose hair is gray, who is well nigh worn out in the battle and toil of life, may pledge him- self on such an occasion, and to such an andience, let me say, as my last word, that as when amid sheeted fire and flame, I saw and led the hosts of New York, as they charged in contest upon a foreign soil for the honor of your flag, so, again, if Providence shall will it, this feeble

HISTORY OF SANGAMON COUNTY.

hand shall draw a sword never yet dishonored- not to fight for distant honor in a foreign land- but to fight for country, for government, for Constitution, for law, for right, for freedom, for humanity; and in the hope that the banner of our country may advance, and wheresoever that banner waves, there may glory pursue and free- dom be established."

Colonel Baker at once raised a regiment, known as the California regiment, and entered the service. At Ball's Bluff, on the 20th day of October, 1861, he fell in battle, pierced by eight leaden messengers freighted with death, from the guns of the advancing foe. Thus heroically the grand and gifted Baker fell.

John D. Urquhart was from Virginia, and came to Springfield about 1832. He was well read in the law and in the general literature of the day. He was a gentleman of the old school, with too much refinement to adapt himself to Western methods, and therefore achieved no success as a lawyer at the Bar of Sangamon county.

John C. Doremus was from New Jersey, and first practiced in the courts of this county in 1838. In 1840 he formed a partnership with Schuyler Strong, which continued but a few montus. He never attained any distinction as a lawyer, and early in 1840 went South, studied theology, and became minister in the Presby- terian Church and received the degree of D.D. He died some years ago.

TIIIRD DECADE.

The Third Decade shows in addition to the greater number of those of the Second, the names of Silas W. Robbins, Charles R. Welles, Benjamin West, James Shields, William A. Minshall, Justice Butterfield, Justice Butterfield, Jr., Levi Davis, A. K. Smede, James HI. Matheny, David Logan, E. B Herndon, A. Parker, Wil- liam I. Ferguson, William Walker. William H. Herndon, Vincent Ridgely, U. F. Linder, Josiah Lamborn, Archibald Williams, O. H. Browning, Israel Crosby, Lyman Trumbull.

What Bar in all the Union can show a greater array of distinguished names than the foregoing, in addition to the best of the Second Decade who still continued to practice before the courts of the county. For great learning, for oratorical ability, and for unsurpassed statesmanship, the Bar during this Decade has never been surpassed. From its ranks were furnished a President of the United States, a distinguished candidate for the Presidency whose memory will always be kept green by lovers of the Union, several United States Senators, one Cabinet Officer, several members of Congress, several disting-

uished officers in the United States Army-all of whom were honorable men reflecting great credit upon the profession of law and upon the Bar of Sangamon county.

A large and interesting volume could be writ- ten of the Bar of this Decade, but in this volume space forbids more than such individual mention as will show the character of those composing it.

General Shields .*- Among the men who have conferred lasting celebrity upon the Capital City of Illinois, by making it the place of their temporary or permanent abode, one of the most remarkable and distinguished was the late Gen- eral Shields-the man of two nationalities, the veteran of two wars, and the Senator from three States.

James Shields was born at a place called Dun- ganon, county of Tyrone, Ireland, in the year 1819. Of his family and early domestic history, little or nothing is certainly known; though he appears to have enjoyed fair educational advan- tages. With that inbred and irrepressible spirit of adventure, which formed the ruling charac- teristic of his life, he emigrated to the United States while still in his minority, and, propably, first landed at New Orleans. This was in 1826, or thereabouts; and in no long time afterward, we find him located in Randolph county, Illi- nois, engaged in the vocation of teaching. Sub- sequently, he read law, was admitted to the Bar in 1832, and began the practice of that profes- sion in Kaskaskia-the ancient "seat of empire" of Illinois under the French Dominion.

Gifted from the outset with a talent for pub- lic speaking, and all the elements of personal popularity, we next find our young adventurer at Vandalia (then the State Capital), represent- ing the county of Randolph in the lower branch of the General Assembly. Here, during the memorable session of 1836-37, he first met Lin- coln, Douglas, Hardin, and other rising politi- cians of the period, with whom he was after- wards to become so prominently associated.

In March, 1841, Mr. Shields was made Au- ditor of the State of Illinois, and took up his residence in Springfield, to which place the seat of government had been removed from Vanda- lia by act of the legislature. This was the era of general financial depression, of depreciated paper money, and of slow recovery from panic; and Shields is said to have run the Auditor's office almost entirely on scrip. It was during his incumbency of this office that he became in- volved in the personal difficulty with Abraham

* Prepared by Joseph Wallace.

William 2 Power

101

IHISTORY OF SANGAMON COUNTY.

Lincoln, which led to his challenging the latter to mortal combat. Lincoln accepted the chal- lenge, and under the advice of his friend and second, Dr. Merriman, selected cavalry broad swords as the weapons with which to fight. Such a choice necessarily gave to Lincoln, who was much the tallest and longest armed man of the two, greatly the advantage. But our chiv- alrous son of the Emerald Isle was not disposed to shrink from the encounter, whatever might be the advantage of his antagonist in point of stature, or in the choice of weapons. The par- ties accordingly repaired to Alton, accompanied by their respective seconds, intending to fight the duel on the narrow tongue of land between the confluence of the Mississippi and the Mis- sonri rivers. But through the timely interven- tion of common friends, the difficulty was at last amicably adjusted, without the shedding of human gore.

On August 16, 1843, Shields was commis- sioned by Governor Ford one of the associated justices of the Supreme Court of Illinois, but did not long retain his seat upon the bench; and, in April, 1845, the ermine for the office of Commissioner of the General Land Office, which post he held for nearly two years.

The outbreak of hostilities with Mexico, in 1846, afforded the long-wished-for opportunity of gratifying his martial tastes and ambition, and constituted the turning point, so to speak, in his checkered career. Having announced his intention of taking part in the war, he was, upon the recommendation of the Illinois delegation in Congress, commissioned Brigadier General by President Polk. Taking the field under General Scott, Shields led the Illinois brigade in the vic- torions march on the City of Mexico. In the battle of Cerro Gordo, on April 18, 1847, he was seriously wounded by a ball which passed through one of his lungs. For a while, it was doubtful if he could survive; but he did recover so as to resume his former command, and served till the end of the campaign. At the sanguinary battle of Cherubusco, fought on the 20th of August, in the vicinity of the City of Mexico, General Shields led the Illinois and New Eng- land brigades, and the Palmetto regiment, in the attack upon the Mexican reserve, and drove the enemy from their entrenched position back into the capital. He also fought at the storming of Chapultepec, where he is said to have been again wounded. For his gallantry in these several engagements, he was brevetted a Major-General. Upon the conclusion of the war, he was honor- ably mustered out of service, and returned home

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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 14

Author: Interstate publishing co., Chicago. [from old catalog] Publication date: 1881 Publisher: Chicago, Inter-state publishing company Number of Pages: 1084

Author: Interstate publishing co., Chicago. [from old catalog]
Publication date: 1881
Publisher: Chicago, Inter-state publishing company
Number of Pages: 1084