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 24
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The democrats conferred the honor of their suffrages upon Col. Thomas J. Turner. The vote in the senate was, Logan 32, Turner 18; in the house, Logan 99, Turner 71, and William H. Snyder 2.
Gen. John Alexander Logan had long before this attained a national reputation by reason of his services in the war of the rebellion and as a member of congress. He was the most successful and distinguished of all the volunteer generals in the Union army who served from the beginning to the end of the war. He had not exercised an independent command, but as a division and corps commander, he had made a record conspicu- ous for good judgment, coolness, and daring.
Having before the war been an active, uncompromising demo- crat in the southern portion of the State, where he was born and raised, and where anything savoring of abolitionism was held in the greatest abhorrence, his early and determined stand for the Union against secession was as beneficial to the country as it was unexpected. Such was his popularity and influence in the district which he then represented in congress that had he, as indeed it was falsely charged he intended to do, cast in his lot with the South he might have taken with him an army
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of no mean proportions. But he having ranged himself on the side of the Union, a large majority of his old friends and neighbors followed his example; and no regiments from any portion of the State fought more fiercely or victoriously than those from "Egypt."
When the war was over the current of events had carried him into the ranks of the republican party, as whose candidate he had been continuously reëlected to congress ever since he laid aside the sword. His career in congress had been characterized by a zealous and unfaltering support of the reconstruction measures introduced and championed by the republican party. He had taken a prominent part in advocating all the constitu- tional amendments and been active in upholding those measures of financial and internal policy for which his party had con- tended. Without his untiring aid, the republicans would never have succeeded in carrying the twelfth and thirteenth congress- ional districts under the old, or the sixteenth and eighteenth districts under the new apportionments.
While destitute of that learning and polish which are generally derived from a scholastic training, he possessed a fertility of resources joined to a quickness of perception and a dogged per- sistence which stood him in better stead in the turmoil of public life than did the refinement of culture and grace of diction of more than one of his college-bred compeers. These qualities earned for him the distinction of being one of the strongest and most effective stump-speakers in the State.
Possessing neither the logical power of Douglas, the legal ability of Palmer, the eloquence of Yates, nor the invective of Oglesby, he was endowed with a certain intellectual dash and force of character which enabled him to appeal to the people with a directness, a power of personal conviction, and a vigor of illustration which challenged the attention and admiration, even if it did not always command the approval, of his audiences. These qualities were conspicuously exemplified in his debate with Col. Dickey. While the latter enjoyed the advantage of a superior mental equipment, the general was always able to carry the crowd with him and to bear off the popular honors of the discussion.
When it is remembered that the general's public and private
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REVISION OF THE LAWS.
life were alike irreproachable, that as soldier and civilian his character was unsmirched, the honor conferred upon him in his election to the United-States senate may be regarded as simply a recognition of his ability as a leader and his worth as a man.
Under a law of the preceding legislature, Harvey B. Hurd, Michael Schaeffer, and William E. Nelson had been constituted a board to revise the public laws, and required to report to the twenty-seventh general assembly. The adoption of the new constitution had rendered it impracticable for the commissioners to draft and complete an entire code and they had been instructed by the judiciary committees of both houses to prepare bills to be acted upon separately. Nelson having been elected to a seat in the house, the work devolved upon the other two members after the meeting of the legislature. The commission accordingly from time to time reported for legislative action bills of revision for various laws. It also assisted in framing some new statutes. Those measures whose passage was required by the new constitution, regarding the regulation of railroads and warehouses, first claimed attention.
The proposition of the governor at the previous session, as stated in his veto of the bill "establishing fixed rates for railroads," that a railroad charter "in all essential circumstances takes upon itself the qualities of a contract, and at that instant passes from legislative and becomes subject to judicial control," that such a contract can not be impaired; and that "what is reasonable for the transportation of passengers under any given circum- stances, must, in the nature of things, be dependent upon facts that can be investigated only in tribunals organized for that purpose," was now restated in his message, in the following form: "The denial that the State has the power, acting through the appropriate department as determined by its constitution, to control the management of railway corporations and to regulate the rates imposed by them as public common carriers so as to prevent extortion, oppression, favoritism, and unjust discriminations against or in favor of localities and individuals -or to investigate their management and prevent the employ- ment of the vast sums of money under their control for the purpose of corruption-is to assert that a power has grown up in the State greater than the State itself, and makes an issue
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that the representatives of a free people can not, without the most palpable disregard of their duty, avoid."
The new measures on this subject were promptly taken up in the senate and passed. These were as follows: to establish a board of railroad-and-warehouse commissioners, passed Feb. 13; an act to prevent unjust discriminations and extortions in the rates to be charged by the different railroads in this State, passed March 3.
Large bodies move slowly. Both parties in the house seemed to lack distinct aggressive leadership. Refusing to agree with the senate in its bill establishing reasonable maximum rates of railroad charges, on January 30, that body substituted for it one of its own which was passed, March 21. The other bills from the senate were not finally acted upon until just before the adjournment. There was no controversy over either of these measures, one of them passing the senate with no votes recorded against it, while the number of negative votes in the house did not on either measure exceed ten.
The only one of the laws reported by the revision commission adopted at this session, was that relating to attachments. In addition to the usual appropriations, however, a few new laws of importance were passed, as follows: to create a department of agriculture; to make the Illinois Eye-and-Ear Infirmary at Chicago a state institution-the trustees having transferred their property to the State for this purpose; and to provide for the construction and protection of drains, ditches, and levees.
The limitation as to the length of the sessions of the general assembly having been removed, the impression seemed to be that they were to last as long as the convenience of the mem- bers might dictate. On April 7, it was resolved by the house, and afterward concurred in by the senate, that the general assembly should take a recess from April 17 to November 15. . In anticipation of this action, the mayor and common council of Chicago, backed up by a meeting of the citizens, invited the legislature to hold its adjourned session in that city, guaranteeing that "ample and suitable provision should be made for the accommodation of both houses of the legislature and the executive, free of expense to the State." Extraordinary as the proposition was, involving in effect the removal of the
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John L. Beveridge
R
LIB
Ny ARY
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PROPOSED REMOVAL OF THE CAPITAL.
state - capital and being in violation of an express statute declaring that all sessions of the general assembly should be holden at Springfield, such was the temper of the members in relation to pending legislation and such their local surroundings, that it was carried-in the house by a vote of 97 to 44 and in the senate by 22 to 18. Nineteen senators filed a protest, setting forth, at length, their reasons for opposing this action. Both houses adjourned for the seven months' recess on April 17.
The subject which excited the greatest interest and strong- est feeling at this session, and which doubtless largely influ- enced the action above mentioned, was that of the removal of the capital, which question had been again reopened by the introduction of a bill appropriating $600,000 to carry forward the work on the new building. Opposition to its passage sprang up, as extensive and powerful as it was unlooked for. The city of Peoria came forward with a proposition to remove the seat of government to that city offering to reimburse the State the amount already expended-over $800,000-to donate an eligible and attractive plat of ground, containing ten acres, as a site for a new building, and to furnish free of rent for five years accom- modations for the meetings of the general assembly. The offer was so munificient, and so lavish was the hospitality extended to the members who had accepted an invitation to make a free excursion to the proposed new capital and see for themselves the advantages of the suggested location, that a sentiment in favor of removal was developed which proved as formidable as it was persistent. The fight was made against the appropria- tion bill, which must be first defeated, and so successfully was it conducted that the recess was reached without the appro- priation being made.
Not only had this measure failed, but others equally impor- tant, which demanded early action, among them that providing for the ordinary and contingent expenses of the state govern- ment, as well as those fixing the salaries of the judges of the circuit - courts and regulating the compensation by fees or by salaries of all state, county, and township officers; and provid- ing for the government and management of the state penitenti- ary. The expenses of this institution had exceeded its revenue, and it was largely in debt. Its management had been the
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subject of investigation, and whether it was better to adopt the lease system or one of State control were questions calling for serious and early consideration.
The members had hardly had time to salute their families and friends at home before they were confronted by the gover- nor's proclamation calling the general assembly to meet in special session on May 24, to consider the subjects above mentioned with others enumerated in the call. Although the question of the power of the executive to call a special session during a legal interregnum of the legislature had been raised by leading newspapers, the legality of his action was not questioned by the body itself.
The governor, in his message, took ground in favor of state control of the labor of the convicts in the penitentiary, remark- ing that: "The only practicable system for the successful man- agement of the penitentiary, in my judgment, is that which combines the retention of complete control of the discipline and government of the convicts with the lease of their labor to persons engaged in special pursuits." The governor's views were adopted in the bill which passed.
In regard to the state capital, the governor strongly favored retaining Springfield as the seat of government and the passage of the appropriation for the completion of the state - house. He contended that the great body of the people took but very little interest in the disputes over the question of location; that while there were many places which offered nearly, if not quite, equal advantages with Springfield, the tax-payers would not be willing to lose the million of dollars already expended nor to the waste of the four years consumed in the construction of the present building without any hope of advantage. Never- theless, this measure continued to be the absorbing topic of discussion from the time of the convening of the special session until the vote was reached, at ten o'clock on the night of June 7, when the bill finally passed the house by a vote of 100 to 74. It met with equally good fortune in the senate the day follow- ing and became a law. Nor does it seem probable that any further effort will be made to remove the capital from the home of Abraham Lincoln.
Other laws were passed at the special session, as follows:
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STATE CONVENTION OF 1871.
an act to compensate members, officers, and employés of the general assembly; for park purposes, to enable corporate towns to levy a tax to improve public parks and boulevards, and regulating the duty of park-commissioners; to provide for the ordinary and contingent expenses of the state government.
Other subjects, however, the consideration of which was recommended in the governor's proclamation, namely, the regulation of fees and salaries; in regard to eminent domain; and to amend the revenue laws, were left untouched. The special session adjourned June 22.
Gen. Logan having been elected to the senate, a republican state-convention was convened at Springfield, Sept. 20, 1871, to nominate his successor as congressman-at-large. Gen. John L. Beveridge carried off the prize on the first formal ballot and was elected-the democrats having nominated Samuel Snowden Hayes as his opponent at their convention held on October 4- by 19,000 majority. The election being a special one, a full vote was not called out.
The second special session convened October 13. The occa- sion necessitating the gathering of the general assembly at that time was the great Chicago holocaust of 1871 which calamitous event occurred October 8 and 9 of that year. The entire area burned over in the city, including streets, covered 2124 acres, on which stood 18,000 buildings, of which 13,500 were consumed; the dwelling places of 100,000 citizens were destroyed, 92,000 persons being rendered homeless. The loss of life was estimated at 250-the remains of 107 bodies hav- ing been collected and buried by the coroner. The total pecuniary loss reached the sum of $187,927,000. The State being powerless to afford direct aid to the stricken city, an act was passed redeeming the canal from the lien thereon for the cost of its improvement by Chicago, and the amount of the same, $2,955,340, was appropriated to reimburse that city for the amount so expended.
An interesting episode, growing out of this great calamity, was the controversy which sprang up between Gov. Palmer on the one hand, and Col. R. B Mason, then mayor of Chicago, and the United-States authorities on the other, in regard to the employment of federal troops under command of Gen. Philip
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H. Sheridan to preserve order and protect the lives and prop- erty of the citizens. The mayor invoked such assistance and his action in this regard was warmly resented by the governor as an illegal, unwarrantable, and unnecessary interference with the rights and prerogatives of the State.
Col. Thomas W. Grosvenor having been fatally shot by one of the cadets in a regiment of United-States troops organized to act as guards, for refusing to give the countersign while on his way home, the governor addressed letters to the attorney general and to the state's attorney of Cook County, in which he strongly animadverted upon what he termed the lawless acts of those who had "attacked and insulted the dignity and authority of the State," and demanded that not only the soldier who inflicted the wound upon Col. Grosvenor, but also Gen. Sheridan, Mayor Mason, and Col. Frank T. Sherman, who commanded the regiment, should be indicted and tried for murder.
The conduct of Mayor Mason, during the trying period of the fire, had been characterized by prompt and vigorous action, as well as humanity and courage. On Monday morning he had proceeded directly to his office in the court-house, and having leared the extent of the fire he telegraphed to Milwau- kee, Joliet, Springfield, and Detroit for fire-engines; and then issued an order to the fire-marshal for the blowing up of build- ings. He remained in the old court-house building until it took fire and the roof fell in; after issuing an order for the release of the prisoners in jail, whose lives were then threatened, he endeavored to reach the lake shore, but was unable to get through either Randolph, Lake, or South-Water Streets. He then turned back and crossed the Wells-Street bridge and from thence, over Rush-Street bridge, he reached Michigan Avenue. He next personally directed the tearing down and blowing up of buildings on Wabash Avenue and Harrison Street, by which the progress of the fire in that direction was ultimately checked. It was not in the power of human agencies to put out the flames so fierce was the wind, nor stop its advance in any other way .* He had used his best judgment in every try- ing emergency, and when he received a communication from
* Chicago Tribune, October 15, 1871.
1
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THE CHICAGO-FIRE CONTROVERSY.
the state executive protesting against his employment of United States troops, in violation of the State law, he replied with equal sharpness and clearness as follows: "Had your excellency, when in Chicago on the IIth and 12th of this month, informed me, or Lt .- Gen. Sheridan, of your disapprobation of the course that I had thought proper to pursue, in having on the 10th inst. solicited his aid in preserving the peace and order of the city, and protecting the lives and property of its inhabitants, satis- factory reasons could have been given your excellency for so doing, many of which, it would, even now, be unwise to make public. In the performance of my official duties, I believed that the emergency required me to take the step that I did. I do not believe when the lives and property of the people- the peace and good order of a large city-are in danger, that it is time to stop and consider any questions of policy; but that if the United States, by the strong arm of its military, can give the instantly-required protection of life, property, and order, it is the duty of those in power to avail themselves of such assistance. Before the receipt of your communication, I had already, upon consultation with other city officers, decided to dispense with military aid in a day or two; and I am happy to inform your excellency, that on Monday the 23d inst. [Oct.] your excellency will be relieved of all anxiety on account of the assistance of the military in protecting the lives and property of the people."
The governor also addressed President Grant on the subject, enlarging particularly upon the ordering by Gen. Sherman of four companies of the 8th United-States Infantry to Chicago; inquiring of the president whether said troops were intended or instructed to obey the call of the State or city authorities; and stating that the authorities of the State of Illinois were abundantly able to protect every interest of the people that depended upon its internal peace and good order. In reply to that communication, President Grant, enclosed copies of the orders sent, and wrote as follows: "I will only add that no thought here ever contemplated distrust of the state authorities of the State of Illinois, or lack of ability on their part to do all that was necessary, or expected of them, for the maintenance of law and order within the limits of the State. The only thing
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ILLINOIS-HISTORICAL AND STATISTICAL.
thought of was how to benefit a people stricken by a calamity greater than had ever befallen a community of the same num- ber before in this country. The aid was of a like nature with that given in any emergency requiring immediate action. No reflection was contemplated or thought of, affecting the integ- rity or ability of any state - officer or city official, within the State of Illinois, to perform his whole duty."
When the adjourned session of the general assembly con- vened Nov. 15, 1871, Gov. Palmer in his message presented a full statement of the facts of the alleged military usurpation, accompanied by the voluminous correspondence which had ensued, and other documents. The message was read in the house and referred to a special committee, consisting of E. M. Haines, George W. Rives, H. Watson Webb, Charles H. Rice, John N. McMillan, Oscar F. Price, and Andrew J. Galloway. A majority of the committee, the four first named, brought in a report sustaining the views of the governor and condemning the action of the mayor in transferring the government of the city to General Sheridan, censuring the latter for accepting the trust as "illegal and a dangerous example," cordially approving the action of the governor "in protesting against the use of United-States troops in Chicago, and his course in endeavoring to enforce civil authority in said city." The report of the minority of the committee heartily endorsed the action of the mayor and Gen. Sheridan under the circumstances, and, while admitting that much that had been done at the time referred to, was in violation of law, affirmed that justice, weigh- ing the pure motives that prompted the commission of the unlawful acts complained of, should withhold her sentence of condemnation.
The reports coming up for action on January 24, the follow- ing resolutions, embodying the views of the house, were adopted by a vote of 59 to 52: "Resolved, that we declare as unlawful, and an infraction of the constitution both of the State and the United States the so-called military occupation, yet in view of the trying circumstances and the great calamity existing, when this military power was exercised, we exonerate the federal government and federal military authorities from intent to wilfully trespass upon the constitutional rights of this
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ACTION OF THE LEGISLATURE.
State, or to interfere with its properly constituted authorities during the emergency created by the recent fire.
"Resolved, that the protest of the executive of this State against a violation of the constitution, was the performance of a duty imposed upon him by his office, and establishes a valu- able precedent, which is hereby approved."
The senate refused to take any action on the subject, and thus the matter ended so far as the legislature was concerned; but the question had a further hearing in Chicago with a decidedly different result. The grand-jury of Cook County which made its report November 20, expressed its views, and no doubt those of the people of the city generally, in the following language:
"We fully endorse and commend the action of his honor Mayor Mason in calling to his aid the services of Lt .- Gen. Sheridan; that we honor the wise discretion of our mayor in thrusting aside the petty vanity of place and position, and summoning to his aid the wisest counsels in our midst;" and in regard to the killing of Col. Thomas Grosvenor, it remarked: "We have given this sad case a patient and careful examina- tion. We have had before us all those who had the slightest knowledge of the affair, and our deliberations have resulted in setting at liberty the young man who was the cause of the unfortunate occurrence." This report, signed by all the mem- bers of the grand-jury, was regarded not only as an end of the investigation but a complete vindication of his honor, Mayor Mason.
The great fire set at rest the question of the place of meet- ing of the adjourned session of the general assembly and the resolution to meet in Chicago was rescinded at the October special session. The body finally adjourned April 9, having been in session altogether ten months.
Commendable progress was made at the adjourned session toward the revision of the laws, twenty-five titles having passed. Apportionment laws were also passed, as well as acts relating to the subjects of eminent domain, evidence and depositions, public libraries, fees and salaries, and the duties of the attorney- general and state's attorneys, besides a new practice-act.
On July 3, 1871, the governor appointed Gustavus Koerner, Richard P Morgan, jr., and David S. Hammond as the first
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ILLINOIS-HISTORICAL AND STATISTICAL.
board of railroad and warehouse commissioners; and Wm. F. Tompkins the first inspector of grain. All of the appointees were confirmed by the senate, January 11, 1872.
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