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 40
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The familar names of Baker, Richardson, Gatewood, Moore, Hacker, and Snyder again appear in the senate, and those of Lincoln, Hardin, McClernand, Archer, Carpenter, Ewing, Peck, Dougherty, Edwards, Webb, and Minshall in the house. There were also found for the first time, in the latter body, the names of Lyman Trumbull, Wm. H. Bissell, Thomas Drummond, Joseph Gillespie, and David M. Woodson, and in the senate
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ILLINOIS-HISTORICAL AND STATISTICAL.
that of Thomas M. Kilpatrick, John Moore, and Richard M. Cullom.
The candidates for speaker of the house were the same as in 1838-Ewing and Lincoln, the former receiving 46 votes and the latter 36, the absentees on either side being about the same. John Calhoun, who failed of election as member from the strong whig county of Sangamon, was elected clerk of the house, and Wm. C. Murphy, doorkeeper; Merrett L. Covell was chosen secretary of the senate, and Andrew J. Witt sergeant-at-arms.
The legislature was convened by the governor, Nov. 23, 1840, two weeks in advance of the regular session, in order to make timely provision for the payment of interest on the public debt, falling due January I. The debt had been increased since the last session by the issuing of canal-scrip and advances by the bank, and was stated by him at this time to be as follows:
The expenditures on the different objects of improvement had been as follows:
Central Railroad -
$536,440
Northern-Cross Railroad - 952,960
Other lines of railroad
1,000,489
Rivers and other improvements
135,914
Paid to counties -
- 147,000
Illinois-and-Michigan Canal
- 2,788,683
Total amount of expenditures $5,561,486
Internal-improvements
$5,345,000
Bank stock
- 2,665,000
Illinois-and-Michigan Canal
3,950,000
School - fund - -
- 807.585
Surplus revenue, warrants, etc.
876,016
Total amount of liabilities
$13,643,601
Less amount of surplus revenues and bonds sold, not paid for
1,336,419
Total - - -
$12,307,182
Amount of annual interest thereon
- 732,430
The governor, in his message, set forth clearly and fairly the
441
THE BANKS AND THE ADJOURNMENT.
embarrassing situation, admitting the extravagance and error which had resulted in entailing upon the people the system of internal improvements, but insisted that "it would be unwise and unpatriotic to shrink from the responsibility of applying the best efforts of the legislators to the pecuniary redemption of the State, and the preservation of her honor"-that although there could be but one opinion that the money for which the debt had been incurred had been injudiciously appropriated, "still virtue and patriotism, a high sense of honor and justice, imperiously forbid delinquency in its payment." In his opinion, while further operations on the public works were not justified by the condition of the state finances, means should be used to continue the work on the canal.
It soon became apparent that, excepting when bank questions were involved, the lines dividing the members politically were not to be observed in regard to state policy. Notwithstanding the waste, impracticability, and extravagance of the internal- improvement system there were not wanting those who were in favor of its resuscitation to a certain extent. They argued that the errors of mismanagement, private speculation, and corrup- tion, which had been committed, ought not to be charged against the plan-that such were the geographical situation and natural resources of the State, while the system was cumber- some, entirely to abandon it would be unwise, if not suicidal. They therefore insisted that the best policy to be pursued was to complete the Northern Cross and Central railroads. On the other hand not only was a large party opposed to doing any more work, but a few even favored repudiation.
Entering into the controversy, as always heretofore, were questions relating to state banks, in which the State was a large stockholder. They had again suspended specie payment and as the law of 1838 provided that such suspension could not con- tinue beyond the end of the next session, when this legislature adjourned, the banks would be compelled to resume or close their doors. The democrats claimed that the called was a special session; the whigs that the two sessions only made one, and endeavored to prevent a sine-die adjournment by absenting themselves; but in this they failed and the democrats were jubilant over their success.
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ILLINOIS-HISTORICAL AND STATISTICAL.
The late Judge Gillespie and Abraham Lincoln were selected to manage the contest in the house on the part of the whigs- two of whom were required to be present to demand the ayes and noes. Perceiving that a number of whigs had permitted themselves to be brought in to make a quorum if the managers remained, requesting two of those who had come in to call for the ayes and noes, Lincoln and Gillespie concluded to withdraw. Ascertaining that the doors were locked, they raised the wind- ows of the church in which the session was held, and jumped to the ground. A quorum was obtained, nevertheless.
If all the whigs had met the sergeant-at-arms as did Cyrus Edwards, there would have been no sine-die adjournment. That officer reported to the speaker that he had commanded Cyrus Edwards to attend in his place. "What did he say," inquired the speaker? "He said he would not." "What did you say?" "I told him I would take him by force." "What did he then do?" "He raised his cane and said, 'touch me at your peril!'" "What did you then do?" "I sloped, sir!"
The whigs were successful, however, after all; for at the regu- lar session, which convened December 7-the Monday following the adjournment on Saturday-a further power of suspension was granted to the banks, and they were also authorized to issue small notes, a privilege which had been refused at the previous session.
The following measures were adopted relating to the payment of interest and to internal improvements:
I. The fund commissioner was authorized to hypothecate in- ternal-improvement bonds to the amount of $300,000 to pay the interest legally due January I. The liability of the State to pay the interest on bonds which had been sold on a credit, and some of which had not been paid for, was strongly contested, but the difficulty was avoided by leaving the question to the discretion of the commissioner.
2. For the issue of interest bonds to be sold in the market for what they would bring, to pay interest on that portion of the State debt, to meet which there were no other funds.
3. For an additional tax of ten cents on the one hundred dollars, to raise a fund for the payment of interest on the latter class of bonds.
443
THE PARTY VERSUS THE SUPREME COURT.
4. An appropriation of $100,000 to complete the Northern- Cross Railroad from Jacksonville to Springfield.
The interest maturing in January was paid as first above provided, and that due in July by the hypothecation, sale being found to be impossible, of $804,000 of interest bonds to Macal- lister and Stebbins, upon which was advanced only $261,500.
While in the passage of the local measures relating to im- provements, taxes, and the payment of interest, party lines were not drawn, the resentments engendered by the late stormy presidential contest were still bitter and deep seated. The democrats, who felt deeply their loss of the control of national affairs, determined to make the most of their supremacy in the State, and looked with a jealous eye upon the supreme court, which was composed of three whigs and one democrat. A pre- text to change its political complexion was not wanting. Its decision in one case and its failure to decide in another, in both of which the party was directly interested, had been exceedingly obnoxious. The former of these was in regard to the office of secretary of state, which had been continuously held by Alex- ander P. Field, now a whig but formerly a strong Jackson man, since 1828. Upon his election, Gov. Carlin nominated John A. McClernand to the office, whom the senate refused to confirm. The governor sent in no other nomination, but after the legisla- ture adjourned, appointed and commissioned McClernand to the position. The latter made a formal demand for the office, and its surrender being refused, sued out a writ of quo warranto before Judge Breese, who upon the hearing decided in his favor. Field appealed the case to the supreme court, where it was ably argued on his behalf by Cyrus Walker, Justin Butterfield, and Levi Davis, and for the appellee by S. A. Douglas, Jas. Shields, and the attorney-general, Wickliffe Kitchell.
The decision of the court below was reversed-Judges Wil- son and Lockwood concurring in favor of the appellant, Judge Smith dissenting, and Judge Browne not sitting in the casc because of relationship to McClernand. The court decided that the power of removal did not exist under the constitu- tion - that when that instrument created an office without defining its tenure, the incumbent held during good behavior. The decision was very unpalatable to the democrats, who con-
444
ILLINOIS-HISTORICAL AND STATISTICAL.
tended that it established the odious doctrine of life-offices; and it was used with telling effect against the whigs at the ensuing election. The former availed themselves of the first opportunity offering itself to override, and virtually to reverse, the decision of the supreme court by promptly confirming Stephen A. Douglas whose nomination as secretary of state was among the first official acts of the governor after the assembling of the called session, on Nov. 30. Mr. Douglas, however, only held the position until February 27, when he was suceeeded by Lyman Trumbull, who was confirmed by a vote of 22 to 14.
The other question as to which the action of the whig supreme court had given great offence arose out of the exercise of the elective franchise under the following provision of the constitution of 1818-"All white male inhabitants above the age of twenty-one years, having resided in the State six months next preceding the election, shall enjoy the right of an elector." It was the opinion of many leading whigs that the right of suffrage was limited to citizens of the United States, and that the courts would so decide. There were at this time about ten thousand foreigners in the State, nine-tenths of whom had allied themselves with the democratic party. Their vote at the election of 1840 might not only determine the political contest for the control of the State, but possibly for that of the United States. To retain their support on the one hand or eliminate it on the other had therefore become a question of vital importance to both parties. To bring it to an issue an agreed case was made at Galena, in which Judge Dan Stone decided against the right of aliens to vote. It was carried to the supreme court, where it was heard in December, 1839, and continued to the June term, 1840, at which time the excite- ment and turmoil of the presidential election was at its zenith. If, as was feared by the democrats, the case should be decided adversely to the right of aliens to vote, they would unquestion- ably lose the State. Judge Smith, however, who had discov- ered a serious defect in the record, in which, instead of 1838, the year 1839 had been alleged as that in which the general election occurred, communicated the fact to counsel, who suc- ceeded, by showing this error, in continuing the case to the
-
445
CHANGE OF THE JUDICIARY.
December term, which would carry it beyond the presidential election.
The democrats, however, were by this time determined to run no further risk of what they termed political decisions against them by the supreme court, and on December 10, Senator Adam W. Snyder introduced a bill to reorganize the judiciary, by which the judges of the circuit court were to be legislated out of office and provision made for the appointment by the legis- lature of five additional associate justices of the supreme court, who, together with the four existing members, should hold the circuit courts.
In the meantime, the supreme court had decided the case, in which it was found that under the record the constitutional question was not involved, but merely one of construction under the election law of 1829.
It was alleged, however, that this decision had been rendered in order to mislead the dominant party as to the ultimate result of the litigation and with a view to affect pending legisla- tive action regarding the judiciary. It was even charged on no less authority than that of Judge Smith, that the majority of the court had already written out opinions against the right of aliens to vote when the error in the record was discovered by him in June. This, however, was summarily denied by the judges in a published statement, in which Judge Smith was ultimately forced to join. The discussion of the bill continued with great bitterness for several weeks, its passage being opposed not only by the whigs but by a few democrats as well, and especially by the friends of the incumbent circuit-judges. The most of the judges, however, were won over by promises of reëlection.
The measure finally passed, and was returned by the council of revision with their objections, but was reenacted by the bare majority, however, of one vote in the house. Gov. Ford, though he owed to it his election to the supreme bench, characterizes the action of the general assembly as "a confessedly violent and somewhat revolutionary measure, which could never have suc- ceeded except in times of great party excitement."
The five additional judges elected were Thomas Ford, Sidney Breese, Walter B. Scates, Samuel H. Treat, and Stephen A.
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ILLINOIS-HISTORICAL AND STATISTICAL.
Douglas, all democrats, and all of whom except the latter had previously occupied the position.
The State was also redistricted under the census of 1840, provision being made for the election of 41 senators and 12I representatives.
For the first time the party in power at this session desig- nated its choice for United-States senator in caucus, without, as heretofore, running any risk of the selection of an objectionable candidate by a promiscuous ballot. Samuel McRoberts secured the caucus nomination and was elected at the joint session, December 16, by a vote of 77 to 50, the minority voting for Cyrus Edwards.
Judge McRoberts was a native Illinoisan, having been born in Monroe County, April 12, 1799. He had been judge of the circuit court, a member of the State senate in 1828-9, U .- S. district - attorney, and receiver of public moneys at Danville. He only lived to serve two years of his term, dying March 22, 1843
This was a remarkably turbulent as well as belligerent session of the legislature. It might well be termed, also, the protesting session. Leading democrats protested against the passage of the banking law, nearly all the whigs protested against the law reorganizing the judiciary-while leading whigs and democrats alike protested against the passage of the act regulating the sale of property levied on by execution.
CHAPTER XXIX.
Administration of Governor Ford - Thirteenth General Assembly-Election of U .- S. Senator and State Officers -Bank and Public-Debt Measures- State Finances- Election of 1844- Fourteenth General Assembly - Senatorial Election - Laws - Illinois - and - Michigan Canal.
T HE nomination of Thomas Ford as a candidate for gover- nor in 1842, was as unexpected as the honor was unsought. The democratic State convention which met in Springfield, Dec. 13, 1841, had selected Adam W. Snyder as the candidate for governor by a nearly unanimous vote. John Moore was at the same time nominated for lieutenant - governor on the fifth ballot, his opponent having been William A. Richardson.
Ex-Gov. Duncan, in the spring of 1842, by general consent, and without the calling of a convention, became the candidate of the whigs for governor, and Wm. H. Henderson" of Putnam County, for lieutenant-governor.
At this time, and for some years thereafter, the attitude of the Mormons toward the State government occupied a large space in the public mind. They controlled a considerable number of votes, and neither party was averse to securing their support. Col. Snyder had been particularly active in the legis- lature in obtaining the granting of certain charters conferring upon the Mormon organization at Nauvoo extraordinary powers, under which city ordinances had been adopted practically setting the State government at defiance. Although some whigs had also voted for the passage of these charters, Judge Douglas had successfully exerted his influence to induce Joseph Smith, the Mormon prophet and leader, to issue a proclamation exhorting his adherents to support Snyder.
* He was a native of Garrard County, Ky., where he was born, Nov. 16, 1793. Having served in the War of 1812, he removed to Tennessee in 1813, where he filled many responsible positions, among them a seat in the state senate. He removed to Illinois in 1836, and was a popular leader, and representative in the legislature for many years, from the counties of Bureau, Putnam, and Stark. He became a citizen of Iowa in 1845, where he died, January 27, 1864.
447
448
ILLINOIS-HISTORICAL AND STATISTICAL.
The arrogance and encroachments of the Mormons began to arouse public indignation against them, and they became ex- ceedingly obnoxious to the people. Ex-Gov. Duncan was quick to perceive his opportunity, and to bring this question prominently forward in his canvass as one of the leading issues of the campaign. It would undoubtedly have proved an effective point against his opponent; but while the tide seemed to be turning in Duncan's favor, death stepped in and removed Col. Snyder from the field. The democratic convention was again called together in June, when Judge Ford received the nomination. The objection that he had been a Mormon cham- pion could not be urged against him. He had never been a member of the legislature, nor very closely connected with the political managers - then generally called the Springfield regency - of his party. He had been twice appointed state's attorney, and four times elected judge by the almost unani- mous voice of the legislature; and at the time of his nomination for governor was engaged in the active performance of his judicial duties as a member of the supreme bench, holding circuit-court in Ogle County. He was then forty-two years of age, having been born in Uniontown, Pennsylvania, in 1800. None of the objections which it was feared might prove fatal to the candidacy of Col. Snyder could be urged against Ford, and the democrats were successful in carrying the State by the largest majority they had yet received-the vote standing for Ford 46,901, for Duncan 38,584. For lieutenant - governor, Moore received 45,567 votes, and Henderson 38,426.
Gov. Ford, with his half-brother George Forquer, had been a resident of the State since childhood. His widowed mother, a woman of heroic character, whose husband, Robert Ford, had been killed by the Indians, removed from Pennsylvania at first to the west side of the Mississippi, but soon after, in 1805, to Monroe County, Illinois. The governor was low in stature and slender in person, with thin features, deep-set grey eyes, and an aquiline nose which had a twist to one side.
Though small physically he was large mentally. Unlike the most of his predecessors he was noted neither for athletic accomplishments nor for military achievements, although he served creditably in the Black-Hawk War. He had studied
449
THE THIRTEENTH GENERAL ASSEMBLY.
law thoroughly under Daniel P. Cook, and to excel as a lawyer had been his highest ambition, to attain which end he had devoted all his time and talents. As a judge his decisions were noted for their justice and impartiality. He had never aspired to distinction as a public speaker, nor did he possess those qualities which render a candidate personally popular. In fact, if left to secure his own elevation by the stereotyped methods of politicians, he would never have been the choice of his party for governor, nor, indeed, for any other elective office.
A better selection, in many respects, for the welfare of the State at this critical juncture in its history could not have been made. While his experience on the bench had not quali- fied him for that contact with politicians and the management of public men which is so essential to personal success, and while he possessed strong prejudices, was obstinate, and resent- ful of opposition, especially when it came from his own political household, his native integrity, mental calibre, and sound judg- ment enabled him both to perceive and grasp the dangers with which the State was threatened from repudiation, and to suggest those measures which placed its credit and good name beyond question or reproach.
Lieut .- Gov. John Moore was an Englishman by birth, but a thorough American by adoption. He had resided in the State since 1830, and had been twice elected to the lower and once to the upper branch of the general assembly .*
The legislature elected in 1842, which convened December 5, was overwhelmingly democratic in both houses - the senate standing 28 democrats to 14 whigs; the house, SI democrats to 37 whigs. Samuel Hackelton was elected speaker, the whigs giving a complimentary vote to O. H. Browning, who was serving his first and only term as a representative.
The selection of Col. W. L. D. Ewing as clerk of the house afforded a striking illustration of the ups and downs of political
* Near the close of his term, at the outbreak of the Mexican War, Lieut .- Gov. Moore was active in the organization of the Fourth Illinois Regiment, of which he was elected lieutenant - colonel, and with which he bravely and honorably served during the war. In 1848, he was appointed state treasurer vice Milton Carpenter deceased, and in 1850 was elected to that office, which he continued to fill with acknowledged fidelity until 1857. He was born in Lincolnshire, Sept. 8, 1793, and died Sept. 23, 1863.
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ILLINOIS-HISTORICAL AND STATISTICAL.
preferment. He had been twice speaker of that body, a mem- ber of the United-States and State senates, and as president of the latter body had succeeded to gubernatorial honors; and now once more returned to the foot of the political ladder from which he had started on his upward ascent sixteen years before.
Wm. C. Murphy was again elected door-keeper. Isaac S. Berry became secretary of the senate and Iram Nye sergeant- at-arms.
Col. Baker was again in the senate and also Kilpatrick, Cul- lom, Ralston, and Slocumb; besides Joel A. Matteson, Alfred W. Cavarly, and John Dougherty, for the first time. Jesse K. Dubois entered the house for the fifth time, while among others who had previously served in one or both houses were to be found Cloud, Ficklin, McClernand, and Woodworth. Of those who answered to their names for the first time in the house and were afterward heard from in congress or served in other distin- guished positions were Richard Yates, Andrew J. Kuykendall, Isaac N. Arnold, David L. Gregg, Stephen T. Logan, Alexander Starne, Julius Manning, William Pickering, Horatio M. Vande- veer, and Gustavus Kærner.
With each recurring session of the legislature came hordes of applicants for office in alarmingly increasing numbers. Besides the election of a United-States senator, which had occurred at nearly every session, there were generally vacant places on the bench to be filled, state officers and state's attorneys to be elected, as well as officers of the house and subordinate posi- tions within the gift of the general assembly. Many as were the places to be filled, the applicants, with the voracity of cormorants, outnumbered them ten to one-indeed, it was said that at one session there were a hundred applicants for the offices of sergeant-at-arms and door-keeper alone! *
Great as was the importance of the lately elected member as gauged by the profusion of compliments heaped upon him by seekers of office, it was now much enhanced by the reflection that he was to occupy a seat in and become identified with that splendid structure lately completed as a state-house. He esti- mated his value at a higher rate than formerly, and his self- complacency was not to be so easily disturbed. He liked as
* Ford's " Illinois, " 205.
45 I
THE FINANCIAL DEPRESSION OF 1841.
well to be courted as ever, but he wanted the approaching can- didate to realize the distance between them.
As was the custom under the old constitution, both the retir- ing and incoming governor presented "full fledged" messages to the general assembly; and although both were democrats there was as wide a divergence in statement and measures recommended for adoption as if they had been of different political parties. Carlin's message was not only inconsistent with his former ones, but even with itself.
The absorbing topic of the day was the magnitude of the public debt, and the most important question before the legisla- ture was the devising and adoption of satisfactory measures to meet the already overdue interest thereon.
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