USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. I > Part 29
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At the head of the resolute opposition was Gov. Coles. He had cheerfully given the salary of his entire term, $4000, to the cause, and had thrown into the scale the weight of his official in- fluence and personal ability. His efforts were untiring, covering not only every county in the State, but even reaching to leading statesmen in other commonwealths, who were induced to con- tribute their aid by both tongue and pen. Next to the governor, the man who labored in most hearty cooperation with him to stem the onslaught of slavery, and who perhaps accomplished better results than any other man in the State was the Rev. John Mason Peck, a Baptist minister of Rock Springs in St. Clair County. A native of Connecticut, he had come west in 1817 as a missionary. To a natural intelligence, far above the aver- age, he joined the advantages of a collegiate education, and had been a tireless worker in the organization of churches, Sunday- schools, Bible and temperance societies throughout the State. When the question of calling a convention, which involved the possibility of making Illinois a slave-state, was presented, it aroused the deepest feelings of his nature. He entered the contest with an enthusiasm, intense energy, and holy zeal for freedom equalled only by his love for the success of the gospel of Christ. Fearlessly, with unsurpassed ability, and skill in argument, he denounced slavery as a crime against God and
2I
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ILLINOIS-HISTORICAL AND STATISTICAL.
man. In log-churches, in private houses, where meetings were frequently held, everywhere, by day and by night, he pro- claimed the right of liberty, and the glory of a free-state. Especially was he influential with his brother preachers, many of whom he fired with an ardent kindred to that which ani- mated his own breast, and among whom a most effective organi- zation was perfected. Though one of the despised Yankees, he comported himself with such shrewdness and tact as to escape the odium which in those days attached to anyone from New England. He lived long to enjoy the fruits of his efficient and self-denying labors.
The ablest man on the stump against the convention was D. P. Cook, who was more than a match for any speaker that could be brought against him. When he returned from Wash- ington in 1824, he devoted himself exclusively to his own campaign against ex-Gov. Bond for congress, and the defeat of the convention resolution. He was a host within himself, and brought his personal influence to bear to secure the support of others.
The fact that the advocates of a change in the organic law had the advantage of the active cooperation of the leading politicians of the State was in some measure counterbalanced by the circumstance that the anti-slavery party had rallied to its standard the best literary talent of the commonwealth. In this sort of conflict "the pen is mightier than the sword," and this inoffensive-looking implement was wielded with potent effect. Among those who were most active in its use, and who also bore the brunt of battle in other ways, were Samuel D. Lockwood, Geo. Forquer, Morris Birkbeck, Geo. Churchill, Thomas Mather, and Rev. Thomas Lippincott. The writings of Mr. Birkbeck especially were of marked power. He was a regular contributor to the papers, and published a pamphlet which is said to have contained the best arguments presented against slavery. Robert Vaux, the noted quaker philanthropist of Philadelphia also lent his able pen, as did also William H. Crawford.
Gov. Edwards had been claimed by both sides of the contro- versy. He was then a slave-holder, and had voted while in congress for the admission of Missouri as a slave-state, while
323
VERDICT OF THE PEOPLE.
his able son-in-law, Cook, had voted against it. If the ex- governor wrote "the scratch of a pen" to indicate on which side he stood it has not been published among his voluminous papers. Sidney Breese was another of those who held slaves at Kaskaskia, and who failed to leave any record showing which side of this question he favored.
The settlement of Missouri at this time by wealthy and respectable immigrants from the South, passing through Illinois with their flocks and herds and slaves and their well-equipped wagons drawn by fine horses, who would doubtless, as it was asserted, remain in Illinois but for the constitutional anti-slavery restriction, was used as a strong argument in favor of its abro- gation .*
Another argument, shrewdly advanced in favor of the con- vention was, that the constitution required amendment in other respects, and that the calling of a convention need not neces- sarily result in making Illinois a slave-state. Quite a number of votes were undoubtedly gained for the call by this considera- tion, from the anti-slavery ranks. But as the time for the election drew near the mask of the pro-conventionists was dropped, and the real issue became more and more distinctly defined.
At length arrived the eventful day which was to settle a question more momentous to the citizens of Illinois and to their posterity than any that had yet been submitted to the electors of the State. With the closing of the polls on the first Monday in August (2), 1824, terminated a struggle that for eigh- teen months had absorbingly engrossed the mind of every citizen and had awakened a partisan bitterness theretofore unknown. It was with a feeling of relief that both parties saw the sun set on the day which was to conclude a controversy wearisome through its very intensity.
How overwhelming was the majority against the convention,
* Even the poor immigrant from the slave-states, with his one old horse hitched to a broken-down wagon, in which was contained his worldly all, with his "old woman" and tow-headed children, and not enough " plunder" to buy a cat-who never owned a slave, nor expected to be able to do so, would talk in the same way. Judge Gil- lespie speaks of one of these on his way to Missouri, who, upon being asked why he did not stop in Illinois, answered, "well sir, your sile is mighty fartil, but a man can't own niggers here; gol durn you."
1
324
ILLINOIS-HISTORICAL AND STATISTICAL.
is shown by the table given below .* The battle had been fought and won.
That the election was on the whole a fair one was generally conceded. Some apprehension had been felt lest voters from the states of Kentucky and Missouri might be colonized in adjoining districts, but there is no evidence that this was attempted. The full vote was brought out, the aggregate poll being 47 more than that cast for congressman. As compared with that of the presidential election which followed, there was the startling falling off in the latter of 7080 votes.
It will be seen by the table that if left to the first-settled counties of the State the convention would have been called- the majority against it having been given in the seven northern counties last organized, namely, Bond, Edgar, Sangamon, Mor- gan, Pike, Greene, and Fulton. And it may be further remarked that so involved and identified did the question of slavery subsequently become with that of the success of a political party, it is very doubtful if there ever was a time after this election up to the period of the secession of the Southern States in 1860-1, when these seven counties would have given so large a majority, if any, against making Illinois a slave-state.
It is also a remarkable fact that the governor and the brill- iant congressman who cooperated with him, as well as ten out
* Official vote (Aug. 2, 1824), corrected-first time printed-by counties, for and against the convention to alter or amend the constitution :
COUNTIES.
FOR.
AGAINST.
COUNTIES.
FOR.
AGAINST.
Alexander,
75
51
Madison,
35I
563
Bond,
63
240
Marion,
45
52
Clark,
31
116
Montgomery,
74
90
Crawford,
I34
262
Monroe,
I4I
196
Edgar,
3
234
Morgan, -
42
432
Edwards,
189
391
Pike,
19
165
Fayette,
125
I21
Pope,
273
124
Franklin,
170
II3
Randolph,
357
284
Fulton,
5
60
Sangamon,
153
722
Gallatin,
597
I33
St. Clair,
408
506
Greene,
164
379
Union,
-
213
240
Hamilton,
173
85
Washington,
II2
173
Jackson,
I So
93
Wayne, -
189
III
Jefferson,
99
43
White,
-
355
326
Johnson,
74
74
Totals,
. 4972
6640
Lawrence,
158
261
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DECISIONS OF THE COURTS.
. of the eighteen members of the legislature who voted and worked against the convention resolution were from slave- holding states .*
On the other hand, it is an equally singular fact that at least four of the leading spirits who were willing to make Illinois a slave-state and who were the most active among the advocates for a convention, were from free-states, namely, Elias Kent Kane, Judge T. W. Smith, both from New York, and John and Thomas Reynolds, of Irish parentage, born in Pennsylvania.+
This was also a presidential year, and while the anti-conven- tion party was firmly united on that question, its members differed widely on all others especially in their preferences for president. The convention men on the other hand generally enrolled themselves under the banner of Andrew Jackson. The
* The names of the latter are as follows: Messrs. Moore, (Ga.); Frazier, Cairnes, and Lowrey, (Ky.); Kinkead, McGahey, Parker, and Bankson, (Tenn.); Ogle, (Va.); and Sims, (S. C.).
+ It may not be uninteresting to the reader to show what have been the decisions of the courts on the question of slavery in Illinois. In the case of Winney vs. White- side (I Mo. 427) the supreme court of Missouri, in 1827 held, that a negro woman who had been taken into the Illinois Territory since the adoption of the Ordinance of 1787 by her owner, who resided there four years, thereby became free, and upon being afterward taken to Missouri was not again remitted to slavery; and that con- gress under the confederation had the power to pass the ordinance.
In another case (I Mo., 725) the same court held that when the mother of the plaintiff had been held as a slave in Virginia, and taken to Illinois before the adoption of the Ordinance of 1787 and held in slavery there before and after its passage, the plaintiff being born there after its passage was free.
In the case of Phoebe vs. Jarrot (Breese's "Illinois Reports," p. 268), it was decided that while that portion of the Indenture Law permitting the owner to bring his slaves into the Territory and hold them as such was void, that the other section providing for their indenture was valid, because the act of congress accepting the constitution of 1818, which recognized that kind of contracts, abrogated so much of the Ordinance of 1787 as was repugnant to it.
The supreme court of Louisiana (20 Martin, 699), 1830, held that the deed of cession by Virginia did not deprive congress of the power to pass the sixth article of the Ordinance of 1787, and that this ordinance fixed forever the character of the population over which it extended, and that a negro born in the Northwest Territory since the ordinance was free.
It was by virtue of the provision of the constitution of 1818 relating to indent- ured and registered slaves, and this alone, that the supreme court of this State held in the cases of Nance vs. Howard, Breese, p. 187; Phoebe vs. Day, Breese, p. 207; Boon vs. Juliet, I Scammon, p. 258; Choisser vs. Borders, 4 Scammon, p. 341, that colored persons could be held to a specific performance of their contracts and indentures under the act of Sept. 17, 1807, of the Indiana Territory (reenacted
326
ILLINOIS-HISTORICAL AND STATISTICAL.
falling off in the number of votes polled at the presidential elec- tion, however, was surprising, the whole number being only 4707 as against 11,787, cast at the previous general election in August. These were divided among the several candidates as follows: for John Quincy Adams 1541, Andrew Jackson 1273, Henry Clay 1046, Clay and Jackson, generally counted for the latter 629, William H. Crawford 218 .* There was no choice of presi- dent by the people at this election, and the United-States house of representatives elected Mr. Adams, for whom the vote of Illinois was cast by Mr. Cook. The latter was the only representative in congress from the State at this time, having been again successful at the August election in his candidacy against Shadrach Bond by 3016 majority.
in Illinois in 1809-12), and that without that constitutional provision they would be entitled to their freedom, for the reason that the provisions of that act were void as being repugnant to the Ordinance of 1787. Jarrott vs. Jarrott, 2 Gilles- pie, 1, 1843.
In the last -cited case it was held that "the Ordinance of 1787 from the time of its first enactment became and has continued to be an organic regulation for the government of the whole Northwest Territory, of which Illinois forms a part, and still remains of binding influence, except only in such instances as it may have been repealed or abrogated by the parties to the compact;" and that the descend- ants of the slaves of the old French settlers born since the adoption of the Ordi- nance of 1787, and before or since the constitution of Illinois was adopted, can not be held in slavery in the State. It was also held that slaves were legally held in Illinois prior to the adoption of said ordinance.
The supreme court at this time was composed of the following judges: Wilson, Lockwood, Browne, Scates, Young, Shields, Thomas, and Treat; the last three of whom dissented from the opinion.
* Edwards' " Illinois. " 265.
CHAPTER XXIII. The Fourth General Assembly-LaFayette's Visit to Illi- nois-Lieut .- Gov. Hubbard.
T THE fourth general assembly was convened by proclamation of the governor, November 15, 1824, three weeks prior to the time fixed by the constitution, for the purpose of remedying a defect in the law providing for returns of the vote for presidential electors. The first State-house having been destroyed by fire, December 9, 1823, a new brick-build- ing, much more roomy and convenient, had been constructed at a cost of $12,381.50,* and was now occupied for the first time.
Thomas Mather was elected speaker of the house, and Chas. Dunn, clerk. Emanuel J. West was elected secretary of the senate, and Benjamin Ogle sergeant-at-arms.
Joseph Duncan and Thomas Carlin were among the new senators. In the house, the following members were reelected; Curtis Blackman, Zadoc Casey, George Churchill, Nicholas Hansen, George R. Logan, Thomas Mather, Risdon Moore, David McGahey, James A. Whiteside, and Conrad Will. Among the new members were Elias Kent Kane, David Black- well, William B. Archer, and George Forquer.
The law regulating the returns of votes cast for electors, hav- ing been amended, the next subject which engrossed the atten- tion of the legislature, was the election of two United-States senators; one to fill the vacancy occasioned by the resignation of Senator Edwards the previous March, whose term expired March 3, 1825, and the other for the full term beginning at that date. Ex-Gov. Edwards, who had resigned to accept the appointment of minister to Mexico, and becoming soon after involved in an unfortunate quarrel with William H. Crawford, then secretary of the treasury, had resigned that position also, having returned home, was now a candidate to fill out the remainder of his term. He was opposed by John McLean, William M. Alexander, and Nathaniel Pope. The contest was
* Toward which sum the citizens of Vandalia had contributed $3000.
327
328
ILLINOIS-HISTORICAL AND STATISTICAL.
close, the first ballot standing twenty-two votes for McLean, eighteen for Edwards, nine for Alexander, and three for Pope. On the third ballot nearly all the supporters of Alexander went over to McLean, giving him thirty-one votes, insuring his elec- tion, to nineteen for Edwards and two for Pope. This was on Nov. 23, and on the 30th, the two houses again met in joint ses- sion to choose the senator for the full term. McLean was again a candidate, as were also Elias Kent Kane, Samuel D. Lockwood, Edward Coles, and Thomas Sloo, jr. On the first ballot the vote stood for McLean 13, Kane 13, Lockwood 18, Coles 4, Sloo 4. Kane was elected on the tenth ballot which stood Kane 28, Lockwood 21, Coles I, Sloo 2.
The result in both cases was inexplicable. An anti-conven- tion legislature had elevated to the highest office within their gift, two of the leaders of the opposition whom they had most bitterly fought at the polls and overwhelmingly defeated; and this too in preference to their own able and deserving co- workers, Coles and Lockwood.
Elias Kent Kane, the successful candidate for the long term, was the youngest son of Capt. John Kane, a sailor by profes- sion, who during the Revolution emigrated from Ireland to New York, where Elias was born June 7, 1786. His brother . John K., was the father of the celebrated explorer, Elisha Kent Kane. Elias Kent was educated at Yale College, and after reading law decided to locate in the West; stopping first for a time at Nashville, Tenn., he finally determined to settle per- manently in Illinois and arrived at Kaskaskia in 1814, where he soon after married Felicita Peltia, a descendant of an old French family. He was an able lawyer, and early distinguished himself as such, as well as a successful politician.
These elections having been thus disposed of, the perennial question of the composition of the courts next claimed the attention of the legislature, which proceeded thoroughly to re- organize the judicial system of the State. Five circuit-judge- ships were created whose incumbents were required to hold the circuit-courts, and provision was made for the election of four supreme-court judges who were to hold two sessions of that court each year at the capital.
William Wilson was elected chief - justice of the supreme
329
VISIT OF GEN. LAFAYETTE.
court, and Thomas C. Browne, Samuel D. Lockwood, and Theophilus W. Smith, associates; John York Sawyer, Samuel McRoberts, Richard M. Young, James Hall, and James O. Wattles, were elected circuit-judges. The anti - convention party again exhibited a generous magnanimity in supporting from among the candidates for judicial honors some of those who had but lately been their most strenuous opponents.
The judges of the supreme court were directed to prepare a revision of the laws and report at the next session.
So little was the governor in accord with the legislature that but few of the measures recommended by him were adopted. There was, however, one notable exception, namely, the law introduced by Joseph Duncan relating to free-schools, whose scope will be more particularly explained and commented upon in another place.
An interesting incident during the administration of Gov. Coles was the visit of Gen. Lafayette to the State in 1825. The governor had formed the acquaintance of the distinguished French general in Paris, and while the latter was making his grand tour in the United States he was easily persuaded to include Illinois among the localities to be visited. The legisla- ture had extended the invitation and had been liberal in making provision for defraying the expense of the entertainment, which, as subsequently ascertained, amounted to $6473, about one- third of the tax-receipts of the State treasury for that year.
A large delegation from Missouri accompanied the general from St. Louis to Kaskaskia, where the reception was held. The steamer Natchez, on which the trip was made, was gaily decorated for the occasion, and the landing was effected amid the strains of martial music and the booming of cannon. Gov. Coles delivered the address of welcome, to which a feeling response was made in very good English by the honored guest. A reception followed which was held at the residence of Gen. John Edgar, and after this came a sumptuous dinner at the tavern of Col. Sweet; the entertainment concluding with a grand ball at the stone mansion of William Morrison, in which all participated.
Gov. Coles accompanied Lafayette to Nashville, on a boat chartered by the State, and on the return trip, a stop was
330
ILLINOIS-HISTORICAL AND STATISTICAL.
made at Shawneetown, where an address of welcome was delivered by Judge James Hall. The General expressed him- self as much pleased with his visit to Illinois, whose citizens were indeed among the foremost in showing honor to the man whom the entire Nation regarded as entitled to her gratitude and esteem for the glorious part he had borne in the war of the Revolution.
In pursuance of a resolution of the general assembly request- ing that it be called together for the purpose of enacting an apportionment law under the census of 1825, Lieut .- Gov. Hubbard, in the absence of the governor from the State, issued his proclamation convening the body, Jan. 2, 1826. Samuel Smith and Gabriel Jones had been elected in Randolph County to succeed E. K. Kane and Thomas Mather, resigned, and Thomas James in Monroe County, vice George Forquer, re- signed. David Blackwell was elected speaker of the house in place of Col. Mather. This special session was characterized by a spirit of harmony and mutual concession, little change being made in existing laws and but few new ones being passed aside from that of the apportionment. It adjourned Jan. 28.
In closing the narrative of Gov. Coles' administration, it may be not unjustly observed that he was the least popular of all those who have occupied the executive chair in this State. Be- ing a bachelor, he was without that social influence and standing which are so frequently given by family ties and connections. Without a cohesive local party, he was unable to accomplish those political results which are effected only through party organization. In national affairs he had managed to antago- nize many of those who had acknowledged him as their leader on the question of calling a convention-his choice for president, in 1824, being William H. Crawford, the least popular in this State of all the candidates. Gov. Coles had a plain, blunt way of springing his measures upon the legislature without consult- ing the public pulse, or making any effort to conciliate well- recognized opposition. Personally the antagonism to him was so great that every means was employed to annoy and humili- ate him. One of the most contemptible of these measures, prompted by personal malice and prejudice, was the suit brought against him under the law of 1819, to recover a penalty
331
SUITS AGAINST THE GOVERNOR.
of $200 for each negro emancipated by him and brought into the State, he having failed to give security that he or she would not become a county charge; and this, notwithstanding the well-known fact that these people had been industrious, sober, correct in their habits and entirely self-sustaining. The prose- cution was conducted with persistence and malignity, and a verdict of $2000 was obtained against him. Before any judgment was rendered, the legislature released him from the penalty; but when the act was pleaded in bar of the judgment, Samuel McRoberts, the circuit-judge, declared it void and unconstitutional, which decision, however, the supreme court promptly reversed.
Gov. Coles having published some strictures upon the rulings of McRoberts in the case, that judge went before the grand- jury of Madison County and secured his indictment for libel, and as though that were not likely to prove sufficiently annoy- ing, commenced a civil suit againt him for $5000 damages. As the time approached for the trial and the facts became better known, the plaintiff concluded to dismiss the case and, at his suggestion it is stated, a nolle prosequi was entered in the criminal case, against the protest of the defendant who was ready and anxious for a hearing.
To add to the governor's troubles, about this time he had the misfortune to lose by fire, two-thirds of all the buildings and inclosures on his farm, together with about 200 apple-trees and as many peach-trees. Soon after this, the State-house having been burned and the governor refusing for good reasons to make a private subscription toward the erection of a new building, the friends of the project vented their spleen by inciting a mob against him, which paraded the streets till early dawn, making night hideous with their noise.
The pro-slavery senate of the fourth general assembly rejected the governor's nomination of Morris Birkbeck to the office of secretary of state-in which position he only served three months. The house at the same time voted down a resolution according the governor the privileges of the floor. During the closing days of the session, this same body, whether as a compliment to the governor or rebuke of the senate, or both, can not now be determined, adopted a resolution by a
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ILLINOIS-HISTORICAL AND STATISTICAL.
nearly unanimous vote, thanking Morris Birkbeck "for the able, impartial, and satisfactory manner in which he had discharged the duties of the office of secretary of state."
Thus harassed by malicious law suits, the victim of preju- dices as unreasoning as they were unjust, it is not surprising that Gov. Coles' occupancy of the gubernatorial chair was as painful as it was embarrassing, and that when the time came he yielded up the sceptre of State without regret.
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