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 15

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 15

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

to receive the plaudits and rewards of his country- men for his valorous and patriotic services.

Declining the appointment of Governor for the Territory of Oregon, General Shields, during the winter of 1848-49, was elected by the Illinois Legislature to a seat in the United States Senate, which he held for the full term of six years from the 4th of March, 1849. His career in the Sen- ate, though not so brilliant as it had been on the " tented field," was creditable to himself and to the party that elected him. During this term, he voted for the Compromise measures of 1850, and also for the Nebraska Bill.

In 1855, he was a candidate for re-election, but his Democratic friends in the legislature found it necessary to concentrate their strength upon Governor Matteson, in order to defeat the candidacy of Mr. Lincoln, and the latter, seeing that he could not succeed, finally withdrew in favor of Lyman Trumbull, who was thereupon elected by the fusion majority.

Soon after this defeat (about the first he had sustained ), General Shields transferred his resi- dence to the State of Minnesota, by the legisla- ture of which he was sent to the United States Senate to fill a vacancy, and occupied his seat from May 12, 1858, to March 3, 1859. He then went to California, where he remained for a year or two. What were his motives in going to the Pacific coast, or his occupation while there, do not clearly appear.

When the long threatened civil war broke out, General Shields' martial spirit was again fully aroused, and having tendered his services to President Lincoln they were accepted, and he was made a Brigadier, his commission dating August 19, 1861. Early in 1862, he was assigned to the command of a division of General Bank's army, operating in the Shenandoah Valley, Va., and commanded at the battles of Port Republic and Winchester. Some time in 1863, General Shields, owing in part to disability consequent upon the wounds he had received in former campaigns, and partly to his having been over- looked in the matter of promotion by the mili- tary authorities at Washington, resigned his commission in the army, and settled upon a small farm in Carroll county, Missouri. Abont this time, he appears to have married a woman of Irish parentage; but the union was not pro- ductive of any addition to his slender fortune. His experience as a tiller of the soil was not particularly encouraging. In the course of a public lecture in one of our eastern cities, he referred to himself as one of the " poorest farm-

12-

102

HISTORY OF SANGAMON COUNTY.

ers in Carroll county," and he doubtless told the simple truth.

During the stormy administration of Presi- dent Johnson, Shields was elected to Congress from one of the Missouri districts, but was not allowed to take his seat by the party then domi- nant in the House of Representatives. In 1877, he was elected a member of the Missouri Legis- lature, and about the same time was appointed Adjutant General of that State.

In 1878 he was brought forward in connection with the office of doorkeeper of the National House of Representatives; and the Democratic majority of that body (as a mark of respect for his distinguished services, and to relieve his ne- cessities) voted to increase his pension to one hundred dollars per month.

During the winter of 1878-79, General Shields was elected by the Missouri Legislature to com- plete the unexpired portion of the late Senator Bogy's term in the United States Senate. The term was quite short, (not exceeding six weeks), but it conferred upon him the rare honor of hav- ing been a Senator from three States; an honor such as, perhaps, was never before vouchsafed to any citizen of our republic. In these latter years of his life, he traveled more or less extensively through the country, lecturing on his " Reminis- cences of the Mexican war," and also upon his "recollections " of the eminent statesmen with whom he had associated in the Senate in ante- bellum days.

At length, however, after a singularly event- ful and romantic career of nearly three score and ten years, General Shields was called to meet his last enemy-death. On the night of the first of June, 1879, he died suddenly and peacefully in Ottumwa, Iowa, while on a visit to relatives in that city. It was the opinion of those best qualified to judge, that his old wound in the chest, received in the Mexican war, was the primary cause of his unexpected decease. His remains were subsequently removed to his home at Carrollton, Missouri, where they were interred with appropriate civic and military honors.

James Shields, strictly speaking, was neither a great nor a learned man, yet his abilities were far above the average, and no one ever made a better display than himself, of those talents with which the Creator had endowed him. He was, in a certain sense, his own ancestor, and not for him was intended the Latin maxims, avito viret honora.

In stature he was of the middle size, trim built, raw-boned, and dark complected, with

black hairand eyes, and prominent, yet regular, features. His carriage was at all times erect and soldier-like, while his manners were pleas- ing and "taking" in the extreme. As a speaker, he was graceful, fluent, witty and eloquent, and his fine voice had just enough of the Irish brogue to give it flavor and richness of tone. No more captivating speaker, for the masses, ever mounted the stump in Illinois, unless it may have been the lamented Colonel Baker.

Shields was also a vain man-especially of his martial record-but his vanity was of the innocent and amiable kind, and never took the form of offensive and overbearing egotism. He could hardly be called a man of business (being as improvident as Oliver Goldsmith), and was not unfrequently indebted to his personal or political friends for pecuniary aid. Careless of his private affairs, he went up and down the land, like a knight errant of old, seeking re- nown, and finding it, in diverse ways, and in widely dissimilar spheres of human endeavor.

In party politics, he was a life-long Democrat, but he ever so bore himself, amid the fiercest partisan contests, as to command the respect, if not admiration, of his political foes. His amor patriae was unbounded, and no truer patriot ever raised his voice in the American Senate, or unsheathed his sword upon the blood-stained field of battle. His influence over his fellow- citizens of Celtic birth was great and durable, and was always wielded for good, since in all matters of public policy he was discreet in council, and never permitted his feelings or im- agination to transcend his judgment.

As a politician, jurist, warrior, orator, and Senator, he possessed many useful, many noble, and many brilliant qualities; and, despite the transitory nature of that which we call fame, his name and exploits will not soon be forgotten by his admiring countrymen. But the valiant and generous hearted Shields is in his grave; after life's fitful fever, "he sleeps well." He has "passed into that still country where the heaviest-laden wayfarer at length lays down his load."

"Long shall we seek his likeness-long in vain- And turn to all of him which may remain, Sighing that Nature formed but one such man, And broke the die in moulding-"

Silas W. Robbins immigrated from Massachu- setts to Kentucky as early as 1825, and succeeded admirably as an attorney in that commonwealth, serving some years as a Judge of one of the courts. There being a strong prejudice in that State against Yankees, he left about 1841 and

103

IHISTORY OF SANGAMON COUNTY.

came to Illinois and settled in Springfield, form- ing one of that strong force of attorneys com- posing the Bar of that period. He was an ex- cellent lawyer, and soon succeeded in obtaining a lucrative practice, which continued until his retirement in 1852. Judge Robbins was a man of high temper and of a very beligerent disposi- tion, never seeming happy or contented without a "wee bit of a row" on his hands. He could brook no restraints, and would be imposed on by no one, large or small. In 1855 he removed to a farm a short distance from Springfield, and there died about 1870.

Justin Butterfield was a citizen of Chicago, and often appeared in the Springfield courts. He was one of the most learned, talented and distin- guished members of the Bar during this Decade. A case in which Mr. Butterfield participated is thus described by Isaac N. Arnold:

"In December, 1842, Governor Ford, on the application of the Executive of Missouri, issued a warrant for the arrest of Joseph Smith, the Apostle of Mormonism, then residing at Nauvoo, in this State, as a fugitive from justice. He was charged with having instigated the attempt, by some Mormons, to assassinate Governor Bogg, of Missouri. Mr. Butterfield, in behalf of Smith, sued out, from Judge Pope, a writ of habeas corpus, and Smith was brought before the United States District Court. On the hearing it clearly appeared that he had not been in Missouri, nor out of Illinois, within the time in which the crime had been committed, and if he had any connection with the offense the acts were done in Illinois. Was he, then, a fugitive from jus- tice? It was pretty clear that, if allowed to be taken into Missouri, means would have been found to condemn and execute him. The Attor- ney-General of Illinois, Mr. Lamborn, appeared to sustain the warrant. Mr. Butterfield, aided by B. S. Edwards, appeared for Smith, and moved for his discharge. The Prophet (so- called) was attended by his twelve Apostles and a large number of his followers, and the case at- tracted great interest. The court-room was thronged with prominent members of the Bar and public men. Judge Pope was a gallant gen- tleman of the old school, and loved nothing better than to be in the midst of youth and beauty. Seats were crowded on the Judge's platform, on both sides and behind the Judge, and an array of brilliant and beautiful ladies al- most encircled the court. Mr. Butterfield, dressed a la Webster, in blue dress-coat and metal buttons, with buff vest, rose with dignity and amidst the most profound silence. Pausing,

and running his eyes admiringly from the cen- tral figure of Judge Pope, along the rows of lovely women on each side of him, he said:

"May it please the Court:

"I appear before you to-day under circum- stances most novel and peculiar. I am to ad- dress the 'Pope' (bowing to the Judge) sur- rounded by angels (bowing still lower to the ladies), in the presence of the Holy Apostles, in behalf of the Prophet of the Lord."

"Among the most lovely and attractive of these 'angels' were the daughters of Judge Pope, a daughter of Mr. Butterfield, Mrs. Lin- coln, Miss Dunlap, afterwards Mrs. General John A. McClernand, and others, some of whom still live, and the tradition of their youthful beauty is verified by their lovely daughters and grand- children.

" But the chief actors in that drama, on the issue of which hung, not only the life of Smith, the Prophet, but of his followers, and perhaps the peace of two States, the drumatis persoa: have all, or nearly all passed away. The genial and learned Judge, the prisoner and his able counselor, so full of wit and humor, the eloquent Attorney- General, the Governors of both States, the Mar- shal and Clerk, and nearly all of the distin- guished lawyers and public men-have each paid the debt of nature."

Mr. Butterfield was a native of the State of New York, and at the breaking out of the war of 1812, he was in some office in that State, and opposing the war it destroyed his popularity. When the war broke out between this country and Mexico, some person asked him if he was opposed to it. "No," said he, "I oppose no wars. I opposed one war and it ruined me, and hence- forth I am for war, pestilence and famine."

During the contest between Harrison and Van Buren in 1840, some Federal office-holder met Butterfield in debate. The latter charged the hard times that then afflicted the country to the course pursued by the Administration. The office-holder replied, denying that there was hard times, and declared that he never saw bet- ter times in his life. Butterfield, in his rejoinder, used the following language: "Fellow-citizens, I believe, in my soul, that if it rained fire and brimstone, as it did at Sodom and Gomorrah, these locofocos would exclaim, 'What a refresh- ing shower !'"

Mr. Butterfield was perfectly familiar with the Scriptures and used Scriptural quotations and illustrations with great effect. While he was District Attorney, Ben Bond was United States Marshal, and as two of his brothers were depu-

104

HISTORY OF SANGAMON COUNTY.

ties, and were quite annoying to him, his patience at one time being tried beyond endurance. Ile remarked to some one: "I would to God that not only Thou, but also all that hear me this day, were both almost and altogether, such as I am, except these Bonds."

David A. Smith, of Jacksonville, who had in some way incurred the displeasure of Butterfield, was sitting one day in the United States Court room, sleeping, the sun shining upon his bald, slick head. Some one directed Butterfield's at- tention to him, when he instantly exclaimed, in his gruff voice: "The light shineth upon dark- ness, but the darkness comprehended it not."

The best Scriptural illustration made by But- terfield was when he was defending the consti- tutionality of the Shawneetown Bank. The Constitution of Illinois of 1818, provided that there should be no bank except the State Bank and its branches, and also the banks that were then in existence. The Shawneetown Bank was chartered before that time, but in 1835 its char- ter was extended. A writ of quo warranto was sued out against the bank, and in the argument it was contended by counsel who sued out the writ, that the extension of the charter was in fact the creation of a new bank. Butterfield was restive while this line of argument was being pursued, and he arose to reply with an expres- sion of contempt upon his face. He said he would like to be informed by the gentlemen, if they had met with it in their reading, which he very much doubted, however, whether when the Lord lengthened out the life of Hezekiah fifteen years he had made a new man, or was he the same old Hezekiah !

Of Justin Butterfield, Jr., but little can be said. le came to Springfield in 1842, a young man of great promise, formed a partnership with B. S. Edwards, which continued about one year. He returned to Chicago on the dissolution of the co-partnership, and soon afterwards died.

U. F. Linder was a native of Kentucky, and born within ten miles of the place where Abra- ham Lincoln first saw the light of day. He came to Illinois in 1835, and settled in Coles county, but, like all other lawyers of that day, traveled the circuit. He was one of the most eminent lawyers of this Decade, and the party securing his legal services was fortunate indeed. As an orator he had few equals. He was quick in repartee, and few cared to encounter him in debate. He was withal a trifle vain, but just enough to spur him on to action.

Josiah Lamborn was one of the best lawyers that figured in the courts of Sangamon county.

Linder says of him: " Intellectually, I know no man of his day who was his superior. He was considered by all the lawyers who knew him as a man of the tersest logic. He could see the point in a case as clear as any man I ever knew, and could elucidate it as ably, never using a word too much or one too few. He was exceedingly happy in his conceptions, and always traveled the shortest route to reach his conclusions. IIe was a terror to his legal opponents, especially to those diffusive, wordy lawyers who had more words than arguments. I heard Judge Smith, of the Supreme Court, say that he knew of no lawyer who was his equal in strength and force of argument." Lamborn was a native of Ken- tucky, and received a liberal education. He possessed high social qualities, and his conversa- tional powers were of the very highest order. As a prosecutor he was a terror to criminals. He was inclined to be vindictive, and very resent- ful of any slight offered him by an opposing attorney. On one occasion he was prosecuting a man for murder in Christian county. E. D. Baker was defending. In the course of the trial Lamborn asked Baker to yield some point. Baker refusing, he turned to him and said, " Baker, I'll hang your man." In his speech at the close of the testimony, Baker made one of his most powerful pleas, exciting the jury, spec- tators, and even the judge to tears. He closed with a brilliant peroration, such as he only could make. When he sat down it was about time to adjourn for supper, and Lamborn asked an ad- journment until after supper, before beginning his closing speech for the prosecution. His re- quest was granted. After supper he went to the sheriff and told him he only desired one candle to be placed in the court room, and that in a position that would place the jury in the shade. If the Judge said anything about the matter, the sheriff was to inform him that all was done at Lamborn's request. At the hour for court to convene the court room was filled to hear the prosecutor's speech. Lamborn, who was slightly lame, hobbled into the room, slowly and pain- fully, coughing meanwhile as if half gone with consumption, thus exciting the pity of both the jury and spectators. On the call to order he passed in front of the jury, who could but dimly witness his movements, and, placing his lame foot upon a chair, in a hollow sepulchre tone of voice said: "Whoso sheddeth man's blood, by man shall his blood be shed." He then stopped for some moments, while a cold chill passed over every individual in the audience. Slowly and painfully, apparently, he resumed his speech,

105

HISTORY OF SANGAMON COUNTY.

taking up and reviewing the points in the case, and with so much effect that at its close the jury, after being out but a few moments, brought in a verdict of guilty, and the man was con- demned to be hung.

Lamborn was once prosecuting an old and gray-haired man for stealing hogs. Stephen T. Logan was defending him, and made a powerful plea in his behalf, describing the accused as a man with hair blossoming for the eternal world, with one foot in the grave and the other totter- ing upon the brink. The illustration was so apt that it had a wonderful effect upon the jury which was quickly dispelled when Lamborn rose to reply. "Yes, gentlemen of the jury," said he, "his hair is whitening for that place which burns with liquid fire; one foot is in the grave, and the other is in his neighbor's hog pen."

Levi Davis came to Springfield in 1839 as Auditor of the State and served until 1841, when he commenced the practice of law, having been admitted to the Bar before his appointment as Auditor. He was a good lawyer, a fine business man, courteous and affable to all whom he met. He removed from here to Alton, where he now resides.

A. K. Smede was a young but highly educated man from Mississippi who practiced law here between 1843 and 1845. He never met with much success and returned to his native State.

David Logan, while a youth, came with his father to Springfield, here studied law and was admitted to the Bar in 1843. He was the son of Judge Logan and inherited many of the bril- liant qualities of his father. He was a man of very superior talents. He practiced law in this circuit until 1847, when he went to Oregon where he took high rank as a criminal lawyer, obtaining a large and lucrative practice. It is related that after he had become well estab- lished in Oregon his father was desirous of his returning home, and as an inducement wrote him that if he would come he would take him into partnership. The young man answered the letter, thanking his father very kindly for his generous offer, and closed by inviting him to Oregon, and as an inducement offered to take him into partnership. In 1860 on the election of United States Senator, he secured the major- ity of the Republican members of the legisla- ture in his interest, but the party not having a majority, the Republicans united with the Doug- las Democrats and elected E. D. Baker, the Democrats of that wing feeling favorably dis- posed to Colonel Baker for his gallant defense

of Broderick. Mr. Logan died in Oregon in 1874.

William I. Ferguson was a Pennsylvanian by birth, and came to Springfield when a mere child, afterwards studied law and was admitted to the Bar in 1843. He was a very brilliant young man, and a first-class forensic lawyer. After his admission to the Bar, he soon secured a good practice, and for some time held the office of attorney for the city of Springfield. About the year 1850 he went to Memphis, Tennessee, where he remained one year, and then returned to Springfield and resumed the practice of law. Becoming dissatisfied he emigrated to Texas in 1853, from which place he drifted on to Cali- fornia. In polities Mr. Ferguson was originally a Whig, and afterwards became a Democrat. In California he took an active part in politics and was elected to the State Senate, and was a candi- date for the United States Senate in 1855, but failed of an election. In the exciting canvass growing out of the differences between the Ad- ministration and Stephen A. Douglas in 1858, Senator Broderick was the leader of the Douglas faction, and Mr. Ferguson was a staunch adher- ent and defender of Broderick and Douglas. In his defense of the latter he incurred the dis- pleasure of a man named Johnson, who chal- lenged him to fight a duel. The challenge was accepted and Ferguson was slain. Colonel Baker delivered a funeral oration over his dead body, which was only equalled, a few months later, by delivering the oration on the death of Senator Broderick, who fell in the same cow- ardly and disgraceful manner.

Archibald Williams, of Quincy, was fre- quently in attendance on the Springfield courts at this time, and his honest, homely features once seen were never forgotten. He was one of the most profound lawyers that ever practiced in the courts of the State. Linder, in his " Re- miniscences of the Bar," has this to say of Williams:

"He was a member of the Illinois Legislature in 1836 and 1837, and of the same House with Lincoln, Douglas and myself. He was over six feet high, and as angular and ungainly in his form as Mr. Lincoln himself; and for homeliness of face and feature surpassed Mr. Lincoln. I think I never saw but one man uglier than Archie, and that was Patrick H. Darbey, of Kentucky, also a very great lawyer, who once had a brace of pistols presented to him by a traveler he met upon the road, both being on horseback, who suddenley stopped, and asked Darbey to stop also, and said to the latter gen-

106

HISTORY OF SANGAMON COUNTY.

tleman: "IIere is a brace of pistols which be- long to you." "How do you make that out? " said Darbey. "They were given to me a long time ago by a stranger, who requested me to keep them until I met an uglier man than myself, and I have carried them for over twenty years; and I had begun to think they would go to my heirs when I died, but you are the rightful owner of the pistols. I give them to you as they were given to me, to be kept until you meet an uglier man than you are, and then you will present them to him; but you will die the owner of the property, for I am confident there is not an uglier man than you in the world, and the Lord did his everlasting best when he created you."

"Darbey accepted the pistols, and I never heard of them passing out of his hands. I know not what might have occurred had he and Archie Williams ever met. If there had been a jury trial of the right of property between them, I think it altogether likely it might have resulted in a 'hung jury.'

" Archie Williams sat near Mr. Lincoln in the southeast corner of the old State House in Van- dalia, on his left, and I remember one day of a friend of mine asking me 'who in the world those two ugly men were.' Archie and Mr. Lincoln were great friends. I recollect Mr. Lin- coln asking me on one occasion if I didn't think Archie Williams was one of the strongest- minded, clearest headed men in Illinois. I don't know what reply I made at the time, but I know Mr. Lincoln said that he thought him the strongest-minded and clearest headed man he ever saw."

Archie Williams has long since passed to his reward, but he has left a noble record, and one of which his descendants will always be proud. He made the race for Congress in 1854 as a Free Soil candidate, but failed of election. When Lincoln was elected, he appointed him one of the Federal Judges of Kansas.

O. II. Browning is another Quincy lawyer that was often seen before the courts of Sanga- mon County. He came to this State from Ken- tucky. As a lawyer and a statesman he ob- tained a high and enviable distinction. Ile was often employed in the largest cases before the Supreme Court of the State and the United States Courts. He was appointed to fill the va- cancy in the United States Senate, caused by the death of Senator Douglas, and served as Secre- tary of the Interior under President Johnson.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

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 15

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