Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. II, Part 21

Author: Moses, John, 1825-1898
Publication date: 1889-1892. [c1887-1892]
Publisher: Chicago, Fergus Printing Company
Number of Pages: 878


USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. II > Part 21


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).


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The strength of the candidates was tested on a preliminary ballot in the caucus and found to be 48 to 28 in favor of Trum- bull. The friends of Palmer thereupon withdrew his name, when the judge was renominated by acclamation and his elec- tion followed on January 16; the democrats voting for Colonel T. Lyle Dickey.


On January 15, the fourteenth amendment to the Nation's constitution, conferring citizenship upon all persons born or naturalized in the United States-without regard to color-was ratified by a strict party-vote; the roll call in the senate show- ing 17 in its favor to 8 negatives, and in the house 60 to 25.


Having disposed of these political questions, both houses now gave their undivided attention to the consideration of those


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ILLINOIS-HISTORICAL AND STATISTICAL.


subjects of public interest, the discussion and settlement of which made this an unusually interesting and exciting session.


The first of these topics to receive attention was the question of the construction and location of an agricultural or industrial college, for the building and maintenance of which a donation of land had been made to the several states by act of congress of July 2, 1862; Illinois' share being equivalent to 480,000 acres. The condition of the grant was that the states should provide for the erection of these institutions within five years, which period would expire on the second day of the succeeding July. Among the cities and towns competing to secure the location were Jacksonville, Lincoln, Pekin, Bloomington, and Champaign, or Urbana. The latter city having made what was considered the best offer, consisting of lands and buildings estimated to be worth $550,400, won the prize, and the bill for the construction of the college was passed and duly approved.


Another question, still more absorbing, and which was con- sidered in the same connection, was that of the erection of a new state-house. The State had manifestly outgrown the old structure, magnificent and complete as it was considered to be when built. The building did not now contain sufficient room to accommodate the public officers and there was a demand for a larger and more convenient edifice. With this question, how- ever, and growing out of it, was sprung that of the removal of the capital. Anticipating the movement for a new building, a bill had been introduced in the senate in 1865, for the removal of the capital to Peoria, which had been rather favorably re- ceived in many portions of the State and advocated by some of the leading newspapers. M. L. Jossyln of McHenry, had at the same session introduced a bill for the removal of the seat of government to Chicago, but this had been subsequently laid upon the table by a vote of 48 to 31 .*


At the present session, a bill providing for the erection of a new state-house - limiting its cost to $3,000,000 and appropri- ating $450,000 to begin the work - was introduced in the sen- ate and ably managed there by Cohrs, and skilfully championed in the house by Conkling from Sangamon, who found an able coadjutor in Gen. Hurlbut. Almost simultaneously, Decatur


* " House Journal," 537.


769


LAWS PASSED.


now came to the front with a proposition, to donate to the State a beautiful site, comprising about ten acres of land, and $1,000,000 in cash, for the location of the capital in that city. But munificent as was the offer, it failed to make any decided impression upon the legislative mind, and the bill of Senator Cohrs became a law February 25, 1867.


An attempt was made subsequently to obstruct the action of the state-house commissioners-by legal proceedings on the ground that being public officers, under the constitution they should have been appointed by the governor instead of being named by the legislature, and that, therefore, they had no right- ful authority to act; but the court of ultimate resort finally decided that the position of the petitioners was not well taken.


The following additional laws of public importance were also passed at this session:


To locate, construct, and carry on the southern Illinois peni- tentiary; to establish a state board for the equalization of as- sessments; to create the office of attorney-general; an act pro- viding for the regulation of warehousemen and authorizing con- nections of railroads with warehouses; an act relating to the competency of witnesses, removing the disqualification thereto- fore attaching through interest in the event of the suit or because of previous conviction of crime, thus changing the rules of the common law in this respect; also acts for canal-and- river improvement; making eight hours a legal day's work, except in farm employments; authorizing juries in cases of murder to fix the punishment by either death or imprisonment in the penitentiary.


The question of state supervision of railroads and the regu- lation of rates was freely discussed at this session, and a bill for that purpose passed the senate but failed to secure a major- ity in the house.


The laws of public and general interest passed at this session, important and far-reaching as they were, are contained in a modest volume of 205 printed-octavo pages; while those de- nominated "private," relating chiefly to corporations, required three large volumes containing over 2500 octavo pages.


The general assembly adjourned February 28, but the body was convened in special session June II, by the governor, at


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ILLINOIS-HISTORICAL AND STATISTICAL.


which time laws were passed regulating the assessment and collection of taxes upon the shares of capital stock in banks, and amendatory of "an act to incorporate the Mississippi-River- and-Wisconsin-State-Line Railroad Company" of Feb. 28, 1867.


A second special session was called June 14-the first having adjourned on that day-to provide for the management of the penitentiary at Joliet, the lessee having surrendered his lease without previous notice. A law was passed providing for the appointment of commissioners, a warden, and for the letting of the convict's labor on contract. This being done, the legislature finally adjourned June 28.


The troubling of the political waters in Illinois by the two great parties, preparatory to the quadrennial commotions pre- ceding the first presidential election after the war, was inaugu- rated by the democrats. Their state convention met at Spring- field, April 15, and was presided over by Anthony L. Thornton. It was declared in the platform adopted that the democratic party was unalterably opposed to the reconstruction measures of congress; that the right of suffrage should be limited to the white race, but that the people in each state should determine the question for themselves; that the public debt should be paid in legal tenders, except when a different standard had been stipulated for; in favor of abolishing the present national- bank system and supplying legal tenders in the place of bank- notes; that all government securities should be taxed; con- demning the existing tariff system and demanding that trade should be left entirely free, subject only to the imperative necessities of the government; denouncing the impeachment of President Johnson; acknowledging the Nation's debt of grati- tude to the soldiers and sailors; and, finally, pronouncing in favor of Geo. H. Pendleton as the choice of the party in Illinois for president .*


* The following were appointed delegates to the national convention: at large, Wm. J. Allen, Wm. R. Morrison, George W. Shutt, W. T. Dowdall, Wilbur F. Storey Wm. A. Richardson; Ist district, Thomas Hoyne, W. C. Goudy; 2d, R. S. Molony, A. M. Herrington; 3d, William P. Malburn, Bernard H. Truesdale; 4th, Charles Buford, Geo. Edmunds; 5th, W. W. O'Brien, James S. Eckles; 6th, Chas. E. Boyer, J. H. McConnel; 7th, John Doulon, Thomas Brewer; Sth, R. B. M. Wilson, Charles A. Keyes; 9th, Lyman Lacy, Henry L. Bryant; 10th, Edward Y. Rice, David M. Woodson; 11th, Samuel K. Casey, Joseph Cooper; 12th, Timothy Greaze, W. A. J. Sparks; 13th, William H. Green, George W. Wall.


771


PALMER NOMINATED FOR GOVERNOR.


This platform was not adopted without strong opposition, many of the delegates being in favor of the payment of the 5-20 bonds in gold and many also were opposed to the nomina- tion of Pendleton.


The ticket nominated was John R. Eden for governor; Wm. H. Van Epps for lieutenant-governor; Gustavus Van Hornbecke for secretary of state; Gen. Jesse J. Phillips for state treasurer; John R. Shannon for auditor; John W. Connett, Dr. W. G. Garrard, and Volney Zarley for commissioners of the peniten- tiary; William W. O'Brien was nominated for congressman at large.


The republican state convention was held at Peoria, May 6. Franklin Corwin acted as president and James P. Root as prin- cipal secretary.


Peoria was the home of Colonel Robert G. Ingersoll, then attorney-general,* whose name had been favorably mentioned in connection with the governorship, in case General Palmer who had been brought most prominently before the public as a candidate should decline the honor, as it had been authorita- tively stated he would do. A dispatch was sent to the general when the convention assembled asking him if he would accept the nomination, to which he replied, "Do not permit me to be nominated, I can not accept."+ But the convention "would not take no for an answer," and his nomination, which would have been by acclamation had there not been doubts of his accept- ance, was made on the second ballot, the vote standing as fol- lows: first ballot-Palmer 263, Ingersoll 117, S. W. Moulton 82, Dubois 42; second ballot-Palmer 317, Ingersoll 118, Moulton 52, Dubois 17. The nomination was then made unanimous. It was evident that his selection voiced the spontaneous choice of the party; the nomination came to him without effort on his part, and his election was, perhaps, the first instance in Illinois politics of "the office seeking the man rather than the man the office."


The other nominations were as follows: for lieutenant-gover- nor, John Dougherty of Union County without serious opposi- tion; for secretary of state, Edward Rummel on the third


* Appointed Feb. 28, 1867, by Gov. Oglesby under the law of the last legislature. + Springfield State Journal's report.


772


ILLINOIS-HISTORICAL AND STATISTICAL.


ballot; for auditor, Charles E. Lippincott on the first ballot; for state treasurer, Erastus N. Bates on the first ballot, the race being close between him and the then incumbent, George W. Smith. There was also an animated contest over the nomi- nation for attorney-general between Washington Bushnell and Gen. S. A. Hurlbut, resulting in the choice of the former; for penitentiary commissioners, Andrew Shuman, Robert E. Logan, and John Reid were nominated; and John A. Logan for con- gressman at large, by acclamation.


The platform adopted supported the reconstruction policy of congress; denounced repudiation and favored paying the public debt according to the letter and spirit of the law; demanded the equalization and reduction of taxes; recognized the rights of labor - "an honest day's wages for a faithful day's work;" endorsed Gen. U. S. Grant for president; and expressed grati- tude to the soldiers and sailors for their services in the late war .*


At the republican national convention which met in Chicago, May 21, Ulysses S. Grant was nominated for president by gen- eral consent; and Schuyler Colfax for vice-president, after a close contest-on the fifth ballot, the other principal candidates being Benj. F. Wade, Reuben E. Fenton, and Henry Wilson.


The democratic national convention was held in New-York City, beginning on July 4. The first ballot exhibited the strength of the various candidates for nomination as follows: George H. Pendleton 105, Andrew Johnson 65, Winfield S. Hancock 3312, Sanford E. Church 33, Asa Packer 26. Pendle- ton dropped out on the nineteenth ballot, when Hancock received 13512 votes, Thomas Hendricks 10712, with 73 scat- tering. On the twenty-second ballot, a stampede was made in the direction of Horatio Seymour, the president of the con- vention, who received 317 votes and was nominated despite his oft-quoted protestation, "Gentlemen, your candidate I can not


* The delegates chosen to the republican national convention were: at large, John A. Logan, B. J. Sweet, A. C. Babcock, J. K. Dubois, E. A. Storrs; Ist district, J. R. Jones, Herman Raster; 2d, M. L. Josslyn, Wm. Hullin; 3d, James L. Camp, N. D. Swift; 4th, Calvin Truesdale, Ira D. Chamberlin; 5th, Mark Bangs, W. L. Wiley; 6th, Henry Fish, Calhoun Grant; 7th, J. W. Langley, James H. Steele; 8th, Giles A. Smith, I. S. Whitmore; 9th, Hugh L. Fullerton, C. N. Whitney; 10th, John Logan, A. C. Vanderwater; 11th, J. A. Powell, William H. Robinson; 12th, P. E. Hosmer, Philip Isenmeyer; 13th, B. G. Roots, Thomas S. Ridgway.


773


FINANCIAL STATEMENT.


be." F. P. Blair of Missouri was nominated for vice-president.


All other questions in this celebrated campaign were made subordinate to that of the maintenance or overthrow of the congressional policy of reconstruction, including what was popularly known as impartial suffrage, and the payment of the public debt "not only according to the letter but the spirit of the laws under which it was contracted" as demanded by the republicans and opposed by the democrats; the latter insist- ing upon the adoption of the Johnsonian policy of reconstruc- tion and the payment of the public debt in "lawful money," by which was meant the depreciated legal tenders.


The issue being thus made up, the popular verdict was again rendered in favor of the republicans. Grant carried 26 states and received 214 electoral votes; Seymour 8 states, including New York, with 80 electoral votes; three states not voting. Grant's majority of the popular vote was 305,458; his majority in Illinois was 51, 150; while Palmer's was 50,099. The republi- cans succeeded also in securing an increased legislative majority.


The receipts into the treasury for the two years ending Nov. 30, 1868, were $2,276,763, and the payments for special pur- poses $1,050,882, and for ordinary expenses, including state institutions, $1,075,726-leaving a balance, including amount brought forward, in the treasury of $216,75 1.


The state-debt was reduced during Gov. Oglesby's adminis- tration as follows:


Amount Dec. 1, 1864,


Penitentiary bonds,


$11,246,210 50,000 11,296,210 5,307,757


Paid on same in four years, -


- -


Balance Dec. 1, 1868,


$5,988,453


Paid on account of interest, - $2,314,514


Gov. Oglesby was abundantly justified in saying at the close of his term, in his last message, that "looking back over the four years that have passed, since by the generous confidence of the people I was honored with the administration of the executive department of the State government, one unbroken chain of general and reasonable prosperity marks the whole period of our history and progressive march up to the commencement of the present year."


CHAPTER XLI.


Governor Palmer's Administration (1869-1873)-Twenty - sixth General Assembly-Ratification of the Fifteenth Amendment-Special Legislation-Laws and Vetoes.


T HE name of John McAuley Palmer, the sixteenth governor of the State, at the time of his nomination and election had become distinguished as that of one of the leaders of the republican party. Like his predecessor-as well as many others in this country who have won fame and honor-his early educa- tional advantages were limited to such as were afforded by the common schools to be found in the country settlements of his native state, Kentucky, where he was born September 13, 1817. Removing to Illinois in 1831, after spending two years on his father's farm, he enjoyed for a brief time the benefit of attend- ing Shurtliff College, at Upper Alton. Leaving the academic shades, however, at an early age, he donned the garb and grasped the ferule of the pedagogue. While thus employed, as his limited means afforded him opportunity, being encouraged thereto by Judge Douglas-who took an interest in his welfare, · he pursued the study of the law and was admitted to the bar in 1839. His natural inclination soon led him to enter the arena of politics, where he made a favorable impression. His first office was that of probate judge of Macoupin County, his residence being at Carlinville, the county-seat. From this time forward his advancement was rapid. He was a member of the constitutional convention of 1847; was elected to the state senate in 1852, to fill a vacancy, and was reëlected in 1854. Having been, under all circumstances, and without regard to political affiliations, a consistent opponent of slavery, as was his father before him, he separated from the democratic party, to which he had hitherto belonged, in consequence of its attitude on the questions arising under the Kansas-Nebraska legislation of congress and the repeal of the Missouri Compromise. His action as a member of the nineteenth general assembly in sup- porting Judge Trumbull, and afterward in assisting to organize


774


Ny LIBRA


775


JOHN M. PALMER.


the republican party, has already been adverted to. In 1859, he was an unsuccessful candidate for congress against General Mc Clernand; in 1860, he was a republican presidential elector; and in 1861, was one of the commissioners from Illinois to the peace-congress at Washington. When the war broke out, he tendered his services to the government and was commissioned colonel of the 14th Regiment. Discovering an unexpected aptitude for military affairs, he rose rapidly to the positions of brigadier- and major-general, successively. His record as a division-commander, especially at Stone's River and Chicka- mauga, was exceptionally brilliant. Having asked to be relieved from the command of the 14th army corps before Atlanta, because of the assignment over him by Gen. Sherman of Gen. Howard, a junior officer, to command the Army of the Tennes- see, President Lincoln, who well knew Palmer's superior quali- fications for such a position, appointed him to the command of the military district of Kentucky. His discharge of the respon- sible, complicated, and delicate duties thereto attaching, was such as to command the approval and endorsement of the administration and of loyal citizens generally.


Gen. Palmer is a devoted follower of his profession, the law. in which he has been successful to a high degree. No ath lete enters into a contest of physical strength and dexterity with greater ardor or keener enjoyment than does the general into a legal contest before a court and jury. Here the full powers of his mind have free scope, and no intricacy of facts or inge- nuity of opposing counsel can dampen his enthusiasm or lessen his devotion to the interests of his client. As a speaker, he is interesting and forcible rather than eloquent. Yet when he becomes fully aroused and the magnitude of the question is such as to bring into full play his strong reasoning faculties, his keen wit, and biting sarcasm, there are few speakers, however fluent or eloquent, who covet the opportunity of facing him on the other side. Of robust frame, sanguine temperament, gen- ial disposition, and a superior mental organization, his seventy odd years, the greater portion of which have been spent in active public life, rest upon him as lightly as do two score years and ten upon the majority of men whose vital powers have not been submitted to so severe a strain. On his elevation to


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ILLINOIS-HISTORICAL AND STATISTICAL.


the executive chair of the State, he entered upon a larger and measurably untried field of service, and at the commencement of one of the most important eras in the civil history of Illinois .*


Col. John Dougherty, the lieutenant-governor elect, had been, until the outbreak of the civil war, a leading democrat. He had served four consecutive terms in the Illinois house of representa- tives, beginning in 1834; and had been twice thereafter elected to the state senate-1842-46. He was a fair parliamentarian and a courteous gentleman of the old school.+


The twenty-sixth general assembly, the last under the consti- tution of 1848, convened Jan. 4, 1869. The names of the new senators were J. J. R. Turney of Wayne County, Samuel K. Casey of Jefferson, John P. VanDorston of Fayette, Willard C. Flagg of Madison, Edwin Harlan of Clark, John McNulta of McLean, Aaron B. Nicholson of Logan, James M. Epler of Cass, Isaac McManus of Mercer, Jason W. Strevell of Living- ston, Henry Snapp of Will, Andrew Crawford of Henry, and John C. Dore of Cook. In the house, less than one-fifth of the old members had been returned. Among these were Newton R. Casey, David M. Woodson, Charles Voris, William M. Smith, Franklin Corwin, James Dinsmore, Ansel B. Cook, Henry C. Childs; and Messrs. Bond, Reynolds, and Taylor, from Cook County.


Among the new members, there came for the first time, Silas Beason, John Cook, Irus Coy, Calvin H. Frew, Joshua C. Knickerbocker, John Landrigan, Edward Laning, Thomas E. Merritt, William E. Phelps, and Lorenzo D. Whiting. The senate stood 18 republicans, 7 democrats; the house, 58 repub- licans, 27 - democrats.#


Franklin Corwin was elected speaker, James P. Root clerk,


* Herbert Dilger was appointed adj't-general and E. B. Harlan private secretary. t He was born of Irish parentage, in Washington County, Ohio, May 6, 1806. # The occupations and nativity of the members were as follows:


Senate: lawyers 12, farmers 6, merchants 3, miller, trader, banker, and physician one each; 6 were from New York, 4 New England, 3 Pennsylvania, 3 Illinois, 2 Ohio, one each from Scotland and England, 2 Indiana, 2 Kentucky, I Tennessee.


House : lawyers 22, farmers 30, physicians II, merchants and traders 10, manu- facturers 5, bankers 3, printers 2, and one architect and one editor; 20 were from Ohio, 18 New York, 10 Illinois, 10 Kentucky, 10 New England, 4 Pennsylvania, 3 Virginia, I Tennessee, and 8 foreigners.


777


GOV. PALMER'S INAUGURAL.


James K. Magie assistant clerk, James V. Mahoney enrolling and engrossing clerk, and Francis Sequin doorkeeper. Chauncey Elwood was chosen secretary of the senate and John M. Wall sergeant-at-arms.


Gov. Palmer took the oath of office and delivered his inaugu- ral address in person before the joint - session of the general assembly on January II. A prominent feature in this document was the discussion, for the first time by an executive, before the legislature, of the relative rights and duties of railroad cor- porations and the government of the State, involving the right of the latter to exercise legislative control over the franchises of common carriers. The extraordinary multiplication and ex- tension of these highways of trade and the growing influence which they exerted upon the commerce of the State, together with their alleged encroachments upon the rights of the public in making inequitable and unequal charges for transportation of freight and passengers, had evoked a wide-spread feeling of alarm and anxiety among the people, who had demanded legis- lative action at the previous session, but which, as has been seen, although attempted, had failed.


The governor remarked: "In my judgment, all express grants to a railway corporation of the power to fix the rates of com- pensation which it will demand for its services, however ex- pressed, is always attended by the inseparable condition that it shall be exercised in a just and reasonable manner. * * Fixed tolls are permitted, not to authorize unreasonable rates to be demanded, but that reasonable charges may be conveniently ascertained and collected; while the whole matter must, in the nature of things, be subject to the final control of the State."


In this connection, and in opposition to the project to create railroad corporations by act of the general government-under the clause of the United-States constitution conferring upon congress the power to regulate commerce between the several states-the governor took occasion to discuss the question of state-rights, as follows: "Such corporations would embarrass the operations of those already created by the States; they would be exempt from taxation by state authority; in short, the State would have no power, by taxation or otherwise, to retard, impede, burthen, or in any manner control the operations of such incor-


50


778


ILLINOIS-HISTORICAL AND STATISTICAL.


porations. It is essential to the usefulness of state govern- ments that their just authority should be respected by that of the Nation. Already the authority of the states is, in a meas- ure, paralyzed by a growing conviction that all their powers are, in some sense, derivative and subordinate, and not original and independent. The state governments are a part of the Ameri- can system of government. They fill a well-defined place, and their just authority must be respected by the federal govern- ment, if it is expected that the laws will be obeyed. * * It is the clear duty of the national government to decline the exer- cise of all doubtful powers when the neglect to do so would be to bring it into fields of legislation already occupied by the states, thereby raising embarrassing questions and presenting a singular and dangerous instance of two jurisdictions claiming the right to control the same class of subjects and creating rival corporations with different powers."




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