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 31
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The fifth general assembly assembled December 4, 1826. William B. Archer, Zadoc Casey, and Timothy Gard had been transferred from the house to the senate. In the house, twenty- six of the thirty-six members were newly elected, those who had served previously being, David Blackwell, Geo. Churchill, Thomas W. Dorris, Alex. P. Field, William McHenry, John McLean, Jonathan H. Pugh, Charles Slade, and Conrad Will. John Reynolds, Thomas Reynolds, Robert K. Mclaughlin, Alfred W. Caverly, James Hall, Henry I. Mills, appearing for the first time in the legislature as members of the house.
John McLean for the second time was elected speaker of the house, and Wm. L. D. Ewing, clerk. Emanuel J. West was again elected secretary of the senate.
The governor delivered his inaugural in person, and, true to those instincts of formal propriety, which formed so prominent a trait in his character, appeared before the joint session in a gold-laced coat. The message was devoted to the questions of taxation, State expenditures, and the alleged mismanagement of the banks; and recommended sixteen distinct propositions of legislative reform. But the governor soon discovered that a large majority of the members of the legislature were first and foremost Jackson men, and that his individual supporters were largely in the minority. But little attention was paid to his excellency's recommendations, and his first message was followed by others, until as was remarked, they became so "stale as not to be noticed." Becoming, however, more emphatic and aggressive in his statements, he finally charged specific
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acts of corruption against the officers of the bank of Edwards- ville, and a committee from the house of representatives was appointed to investigate the charges. A large mass of testi- mony was taken and a long time occupied in making the examination. The charges appear to have been instigated in no small degree by a feeling of irritation on the part of the governor. They certainly were hastily considered and alto- gether too sweeping in their denunciations. Embracing as they did, not a few of the most prominent men of the State, to whom no taint of suspicion could rightfully attach, they resulted in the formation of a powerful combination to defeat the investigation. Had the governor shown more discrimina- tion in selecting those whom he accused, the ultimate result might have been different.
As it was, however, the unquestionably innocent and the possibly guilty found themselves forced to make common cause, and the fact that Gov. Edwards had before preferred equally grave charges against Mr. Crawford, which he had failed to sustain, was used against him with marked effect .*
While the testimony showed that there had been careless mismanagement of the bank, the committee felt warranted from the evidence in bringing in a report that "nothing was proved against the officers of the bank, to-wit: William Kin- ney, Shadrach Bond, Thomas Carlin, Abraham Prickett, Elijah Iles, and Theophilus W. Smith, which would justify the belief that they had acted corruptly or in bad faith in the manage- ment as officers of said bank."
Notwithstanding the governor had so signally failed in his onslaught upon the officers of the bank, he had the satisfaction of seeing his recommendation in favor of legislating the circuit- court judges out of office, adopted. The law of the previous session creating them was repealed, and the State being divided into four circuits, the judges of the supreme court were directed to hold the circuit-courts- Lockwood in the first, Smith in the second, Browne in the third, and Wilson in the fourth.
Another exciting subject which occupied the attention of this session was the election of State treasurer. The candidates
* Reynolds' "My Own Times," 173. Ford's "Illinois," 63.
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were Col. Abner Field, the then incumbent John Tillson, Abra- ham Pricket, and James Hall, the latter of whom proved suc- cessful on the ninth ballot .*
Judge Hall was the distinguished pioneer author of Illinois, whose able contributions to the literature of this period, con- tributed very largely to the material and intellectual progress of the Prairie State. His writings, including favorable descrip- tions of its soil and climate, biographical sketches, and historical incidents, were voluminous, and read with great pleasure and interest by all who admire a style at once graceful, concise, and forcible.+
The most valuable as well as important work of this general assembly was the revision of the laws. The judges of the supreme court, who it will be remembered had been directed at the last session to perform this work, now made their report, which, with but very few changes, was adopted; and so thor- oughly and wisely was this task executed that the most of the statutes thus reported, in their titles, method of arrangement, and in some instances the language, have been preserved in every subsequent revision.#
Another important law enacted at this session was the pro-
* As soon as the result was known, before the members left the hall, Field walked in and administered personal chastisement to four of the largest and strongest of his opponents-the members generally breaking out of the chamber one way or another, like sheep from a fold invaded by a wolf .- Ford's "History of Illinois," 82.
+ James Hall was born in Philadelphia, Ang. 19, 1793, served in the War of 1812, and being afterward admitted to the bar, removed to Shawneetown, Ill., in 1820. The next year he was appointed State's attorney, and in 1825 was elected one of the circuit - judges. Being with others legislated out of office he removed to Vandalia, where he resided until 1833, and was elected treasurer as above set forth; removing thence to Cincinnati, where he died July 5, 1868. He was the author of "Legends of the West," "Tales of the Border," "Notes on the Western States," "Statistics of the West," "Romance of Western History," etc. He also was the editor of the "Western Monthly Magazine."
# Judge Lockwood was the author of the criminal code, while he and Judge Smith jointly were said to have been the authors of the following titles: abatement, account, amendments, jeofails, apprentices, attachments, attorneys, bail, bill of exchange, chancery, conveyances, depositions, dower, evidence, forcible entry and detainer, habeas corpus, jail, jailors, limitations, mandamus, ne exeat and injunctions, oaths and affirmations, promissory notes, replevin, right of property, and sheriffs and coroners. Judge Samuel McRoberts prepared the act concerning frauds and perjuries; John York Sawyer the act concerning insolvent debtors; Richard M. Young concern- ing wills; and Henry Starr concerning judgments and executions.
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viding for the construction of a penitentiary at Alton. This was a favorite measure of John Reynolds, who was opposed therein by the governor. The State treasury was empty, and as no one at that day had the temerity to propose a loan, the question arose how the funds were to be provided to erect the necessary buildings. The saline lands, of which only the use had been granted to the State, failed to produce that income · which was anticipated from them, and there was difficulty in collecting the rents, some of which were lost. Now if these lands belonged to the State in fee, and were sold, the required means could be raised. Accordingly upon the memorial of the legislature to congress, the State was authorized to sell thirty thousand acres of the "Ohio Saline in Gallatin County and to apply the proceeds of the sale to such objects as the legislature may by law direct." The way was now opened, and a com- bination was made by which the eastern section of the State should have one-half of said proceeds to make certain improve- ments of roads and bridges; and the western portion the other half, to be expended in building the penitentiary. The law was proposed and the site selected by Reynolds. The first commissioners were Shadrach Bond, William P. McKee, and Gershom Jayne, who were authorized to superintend the work .*
Soon after the adjournment of the legislature occurred the first Indian disturbance in Illinois since the War of 1812. It was of very small proportions, although it has been dignified by the high-sounding title of the "Winnebago War." W" 1 rumors were carried in hot haste by terrified runners, of fearful massacres in the northwestern portion of the State, and the serenity of years of peace gave place to wide-spread alarm. The governor called out the militia, and the miners of Jo Daviess County were formed into companies and equipped for action. Gen. Nicholas Hansen, one of the parties to the famous case of contest in the third general assembly, was directed to call out one-fourth of the four regiments of his brigade for service; and a regiment (the 20th) was raised in Sangamon and Morgan counties under the command of Col. Thomas M. Neale, and ordered to proceed to the scene of anticipated danger. Gur- don S. Hubbard carried the alarming news from Chicago to
* Reynolds' " My Own Times," 2d Ed., 173. "Laws of Congress."
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THE WINNEBAGO DISTURBANCE.
Danville, where was quickly raised the Vermilion - County "battalion" as it was called-a company of fifty men-which marched at once to Fort Dearborn.
In the meantime, Gen. Henry Atkinson of the United-States army appeared upon the scene with a force of about 600 infantry and 130 mounted riflemen.
The "head and front of the offending" of the Indians which caused these extensive preparations for war was as follows: an attack was made by the Winnebagos upon the Chippewas, who were by treaty regulations under the protection of the United States, in which a number of the latter were killed. The United-States commissioner at St. Peters, caused four of the offending Winnebagos to be arrested and delivered up to the Chippewas by whom they were shot. In the meantime a question had arisen involving the right of the Winnebagos to the possession of the land in the vicinity of the lead-mines at Galena, which had been intruded upon by the miners, some thousands of whom had lately arrived upon the ground. Out of this had grown several acts of reciprocal hostility between the red men and their white neighbors along the upper Missis- sippi. There were therefore, various sources of irritation to the Winnebagos which determined Red Bird, a noted chief of that tribe to renew his attacks upon the Chippewas and also the whites; in one of which near Prairie du Chien, two of the latter were killed. A few days after this, two keel-boats laden with supplies for Fort Snelling stopped at a camp of the Winneba- gos on the Mississippi not far above Prairie du Chien. The Indians collected about the boat, as was alleged with hostile intentions, and for purposes of plunder. They were plied with liquor and made drunk, and six or seven squaws who had also become intoxicated, were captured, carried off and outraged. Realizing, when they became sober, the great injury they had sustained, several hundred infuriated warriors assembled to avenge their wrongs when their aggressors returned. On July 22, the boats came in sight, and knowing that their conduct would naturally stimulate the Indians to make reprisals, they had prepared for defence. One boat passed safely, but the other grounded and was savagely assailed, and after a severe struggle the Indians were repulsed. Two white men were
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ILLINOIS-HISTORICAL AND STATISTICAL. 1
killed, and so many wounded that it was with difficulty that Capt. Allan Lindsay, the officer in charge at this time, and the remnant of his crew were able to reach Galena.
The arrival of Gen. Atkinson prevented any further outbreak. Red Bird, with six other Indians, voluntarily surrendered to save their nation from a war which could prove only disastrous to them. Some were acquitted and some convicted, but it was the fate of Red Bird, who died in prison, Feb. 16, 1828, and is described as one of the noblest of savage chieftains, having will- ingly sacrificed his liberty, the loss of which he could not survive, to his patriotic devotion to his race. After all, it was not much of a war.
The Winnebago "scare" having been disposed of, the people once more turned their attention to questions of state and national policy. The constitutent elements of party strife began for the first time to form themselves into that shape and consistency which soon afterward developed into the distinct divisions of the whig and democratic parties. There were but two candidates for the presidency in 1828, Jackson and Adams, and, as the vote of the four years previous had foreshadowed, the extraordinary popularity of the great military hero, carried everything before it. The fact that such a man was their leader, gave the democrats an advantage in national affairs which they easily maintained for the next twelve years. In Illinois, Joseph Duncan was again elected to congress defeating George Forquer by over 4000 votes.
The sixth general assembly, containing a large majority of Jackson men, convened Dec. 1, 1828. Robert K. McLaugh- lin and Conrad Will had been transferred to the senate, and among the large number of old members returned to the house were John Reynolds, George Churchill, A. P. Field, Thomas Mather, and John McLean. Peter Cartwright, Wm. L. May, and John Dement were among the new ones. John McLean was for the third time elected speaker-an honor he alone has achieved in the legislative history of the State. Wm. L. D. Ewing was elected clerk, and Emanuel J. West, for the third time also, secretary of the senate.
The message of Gov. Edwards-the longest ever delivered to any legislature in this State, occupying as it did thirty-nine
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printed pages of the house journal-was principally devoted to a discussion of the right of the State to the public lands within its limits. A movement having been made at the pre- vious session to memorialize congress to reduce the price of the public lands, and a committee having reported in favor of call- ing upon the United States to surrender the same "uncondition- ally," the governor set forth at great length and with much earnestness the arguments in support of the claim that they belonged to the State, founded upon the doctrine of state sover- eignty. This was a master-stroke upon the part of the gov- ernor and awakened the liveliest interest. If his position were correct, and his reasoning sound, which but few believed, yet which no one had the temerity to controvert, and if he were sustained by congress and the courts, here would be laid the foundation for enriching the State with the ownership of her vast tracts of rich farming-lands. No one dared to oppose a measure so popular; accordingly resolutions were adopted by the gen- eral assembly in which it was declared that "the United States can not hold any right of soil within the limits of the State, but for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings." As it would be equally impolitic to oppose the author of this wonderful political discovery, the governor had but little difficulty in securing a favorable hearing for his measures, and the confirmation of his nominations for office.
It was at this session that the policy was adopted of selling the school and seminary lands, the State borrowing the pro- ceeds at six per cent interest, to be used in meeting the current expenses of the State government.
In revising the election law, a return to the viva-voce method of voting, was provided for.
A new judicial circuit was created, the fifth, and Richard M. Young appointed its judge.
It was at this session also that the law, approved Jan. 22, 1829, was passed, providing for the appointment of commissioners to fix upon the route of the Illinois-and-Michigan Canal, and to select the alternate sections of land granted to the State to aid in its completion, to provide for their sale, and to begin the work of its construction. The commissioners appointed by the
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governor were, Charles Dunn, Gershom Jayne, and Edmond Roberts.
For the first time, a United-States senator was elected by a unanimous vote-the honor having been conferred upon John McLean.
State officers were appointed or elected as follows: Alexander P. Field secretary of state, James Hall reelected treasurer, and George Forquer attorney-general.
The administration of Gov. Edwards closed amid general expressions of satisfaction and good-feeling. Although he had not accomplished the reforms he advocated, the bitterness attending the commencement of his term had passed away and many of those who had strongly antagonized his course were outspoken in their encomiums, among them being ex- Gov. Bond and John McLean.
It would perhaps have been wiser for him to have ended his public career, as he had originally intended, at the close of his executive term, but such were his relations to public affairs, that he did not feel at liberty to refuse the request of many old friends to become a candidate for congress in 1832. Four other gentlemen had already entered the field: Charles Slade, Sid- ney Breese, Charles Dunn, and Henry L. Webb. Had the governor announced himself earlier and made an active canvass he would no doubt have met with better success. As it was, he was defeated by Mr. Slade, the vote standing: Slade 2470, Edwards 2078, Breese 1670, Dunn 1020, Webb 551. In the counties where he was best known, St. Clair and Madison, he received a larger vote than that of all the other candidates combined.
The governor now finally retired to his home in Belleville, where on July 20 of the following year, 1833, he died of chol- era, to which dread disease he fell a victim in consequence of his humane exertions for the relief of his afflicted neighbors. He left a large estate of real and personal property.
His earliest places of residence in Illinois were at Kaskaskia and on his farm of "Elvirade"-so named from his wife Elvira -near Prairie du Rocher, where he resided most of the time until 1818. He then removed to Edwardsville where he remained until 1824, when he became a resident of Belleville.
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CLOSE OF THE GOVERNOR'S CAREER.
He stocked his farm with horses and sheep of fine breeds from Kentucky, and brought with him a choice selection of fruit- trees, vines, and shrubbery; all of which encouraged and pro- moted the raising of improved stock and the adoption of better agricultural methods.
In person, to use the language of his contemporaries, he was large and well made, with a noble and even princely appear- ance - "a magnificent specimen of a man physically and intellectually." He was dignified and polished in his manners. and courtly and precise in his address. He was a despotic leader, dictatorial, fond of display, impulsive, and arbitrary, yet as sensitive as a child. He was subject to fits of choleric passion which carried him beyond himself, and in one of which he fell to the floor, while making a speech in the United-States senate, and had to be carried out of the chamber and bled.
His speeches evince great research and power of amplifica- tion, and, although lacking precision, were ornate, and always commanded attention.
Relying for success, as he remarked, "upon the candor, good sense, and judgment of the people," his aim was to be guided by that principal of political action, as originally defined by himself, that "an office is a trust, deposited in the hands of an individual, who holds it not for his personal benefit and advan- tage, but for the public good." *
In private life he was kindly, benevolent, and hospitable. , Though not "a professor of religion" he was a patron of tem- perance and morality, and an attendant upon public worship. He exerted a wide-spread influence in the State during his long connection with public affairs, and will always be remem- bered as one of the most striking characters among the prominent men of his period.
The receipts and expenditures during Gov. Edwards' administration were as follows: receipts, 1827-8, $96, 106-Disbursements, $79,524; leaving a balance against the treasury, including outstanding warrants and sums not collected, of $45,999. Received during 1829-30 with the balance on hand of $7319-116,452-Disburse- ments, $84,047; leaving a balance in the treasury Dec. 1, 1830, of $32,404. Amount of outstanding warrants $11,516, school-fund warrants $28,283-balance against the treasury $7396. There was at the same time due the State from non- resident delinquent tax-list $11,600; from A. Field, late treasurer, $12,516; for rents of the Ohio Saline $5866; from sheriffs on judgments $805.
* Edwards' " Illinois, " 29.
2
CHAPTER XXV.
Administration of Gov. Reynolds-The Seventh General Assembly-Black - Hawk War-Receipts and Expen- ditures.
T HE contest for gubernatorial honors in 1830, was confined to two candidates, but was even more protracted than the preceding one, which it surpassed in excitement and per- sonal rancor. John Reynolds, then a member of the legislature, announced himself as a candidate in the winter of 1828-9. His experience on the bench and at the bar had made him popular with the legal fraternity, who generally favored his candidacy. William Kinney, the lieutenant-governor, was put forward as a candidate at the same time. They were both Jackson men, but Kinney was the most ultra, while the moderation and conservatism of Reynolds on this point, won for him the support of the Adams-Clay whigs, who decided, after the poor showing they had made at the polls in 1828, not to offer any candidate. There were, therefore, no principles at stake and no questions of national, or indeed, of State policy at issue, other than the construction of the Illinois-and-Michigan Canal, which project Reynolds favored and Kinney opposed. Both candidates addressed the people in every county, though not together. They spoke in churches, court-houses, and "gro- ceries," but mostly in the open air, the better to accommodate the large crowds which no halls of those days could hold. A tree would be cut down in the forest near the town, and the stump hewed smooth, and on this the speaker took his stand- hence the origin of the phrase "stump-speech."
John Reynolds was born of Irish parentage in Pennsylvania, Feb. 26, 1788. He removed with his father to Illinois in 1800, and lived with him on his farm until 1809, when he decided to attend college at Knoxville, Tenn. His education previous to that time had been confined to the arts and mysteries of horse- and foot-racing, and shooting-matches, in which he had graduated with first honors. Having remained at college two
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your friend John Reynolds
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JOHN REYNOLDS.
years, he began the study of law. He served in the war of 1812 in a company of rangers, which circumstance gave him the sobriquet of the "old ranger." He first "hung out his shingle" as a lawyer at Cahokia in 1814, announcing himself in the Illinois Herald, published at Kaskaskia, as follows: "To the poor people of Illinois and Missouri Territory: To the above class of mankind whose pecuniary circumstances will not admit of feeing a lawyer, I tender my professional services as a lawyer, in all courts I may practise in, without fee or reward. JOHN REYNOLDS."
A lawyer so unselfish could not be long without clients, and as a reward for his generous offer of gratuitous services he soon enjoyed a practice both large and remunerative. His elevation to the bench, and election to the legislature, and the political tactics employed by him have already been described. The present race had been entered upon with "savage energy," and, to use his own words, a resolute determination to win. The leading newspapers of the State were in his favor, though the Illinois Intelligencer, edited by the scholarly Judge Hall, sup- ported his opponent .*
His management of the campaign of 1830 was characterized by a high degree of political sagacity 'and shrewdness. His efforts were directed to the capture of a fair share of both the
* He wrote to Gov. Edwards very suggestively as follows: "presses, speeches, and much riding must be brought to our aid, I will do my part. I was placed on the track at Vandalia for this purpose-that I could help myself. I have not been lazy in the business. We are all equally interested in the present approaching contest [over a year off]. The office I go in for, with the wishes of our friends, is not the only one."
In another letter he said, "I shall have no choice among friends, but I do love an active man more than a drone. Believe me the county elections shall not be for- gotten. On this much depends. I sincerely recommend to the prominent Adams men, not to abuse Jackson but to go in for his administration as far as it is right * * and particularly for them to keep cool and dark on the election between me and Kinney."
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