USA > Illinois > Illinois in 1818, 2nd ed > Part 24
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the barbarous age of Edward IV," and to advocate the substitu- tion of arbitration of disputes for trial by jury in all civil cases.269
About the same time appeared two communications from "A friend to equal justice" who considered the existing system of taxation, together with the requirements of road work and mus- ter service, very oppressive to poor men and to young men. A rich man with a thousand acres of valuable land paid only ten
SHAVING HORSE
A kind of vise that held barrel staves, axe handles, etc., for the knife.
[Original owned by W. O. Converse, Springfield]
dollars taxes a year, he claimed, while the poor man was obliged to contribute the equivalent of $28.50 in money or service. This he believed to be due to the fact that the wealthy farmers "have heretofore been our law makers," and now they "are offering to go and adopt a constitution for us." Congress having given the vote to all without regard to property qualifications, the young men and the poor men were urged to improve the opportunity by sending "enlightened men" to the convention instead of "ig-
2Intelligencer, May 27, June 10, 1818.
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norant wealthy men" who would insist on a property qualifica- tion for members of the legislature and thus ensure the contin- uance of the "oppressive system of taxation."
The arguments of "One of the people" and "A friend to equal justice" called out a reply from "An old farmer" who believed that the articles over these signatures were written by the same hand. The protest against "unqualified candidates," he consid- ered "to be a recommendation to the old men of the different counties of the territory, farmers in particular, who had for- merly been representatives, 'to stay at home, and let the young ones (who are always the wisest) go and make a constitution for them.' Much as I admire the modesty of this young stranger, I cannot, altogether, come into his measures. I presume he means that it is lawyers who ought to represent us .- I agree that the avocations of the bar, and a classical education, particular the latter, (which some of them may have,) contribute greatly to store the mind with extraneous knowledge; but that the continual practice of chicanery, will qualify a man for forming laws, I deny. Certainly, the constant habit of public speaking, will give the muscles of his mouth more elasticity, and he can learn to associate his ideas with more ease. But, at the same time, the little, dirty quarrels, and disputes, which his profession impels him continually to take part in, or starve, will have a tendency to contract and Yankeefy a mind that might be otherwise liberal and generous." The complicated system of the law was then attacked and the writer declared himself "for trusting to the enlighted [sic] farmers and others, who have the same object in view, to simplify our laws, and lop off from them that load of technicalities which make pack horses of our memories." To the "two lamentable tales about taxation" he replied only with ridicule.270
Still another writer, who used the name of "Erin," in the pa- per of June 24, called upon "One of the people" to cease harping on the self-evident proposition that able men should be sent to the convention and instead to discuss the principles which should be incorporated into the constitution; "then let the people find
"TO Intelligencer, June 17, 1818.
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men enough learned in those principles to adopt them into being." One of the subjects which he wanted discussed was "whether the preachers of the gospel of Christ ought to have a seat in the convention or not. Whether in all respects, good men, merely for their entering on that most interesting business to mankind, should be excluded from a seat in the convention, and the legis- latures arising therefrom. Or whether men, who say often themselves, they are called to the pulpit by the Almighty God, ought to degrade themselves by entering into politics." Another "subject of much concern to the territory" was that of slavery : "whether it would not be most consonant to true religion and freedom, to allow the half starved blacks of the south to par- take of Illinois plenty; and whether it would not be to the ad- vantage of the new state to permit those unfortunate subjects of the southern states a place in the 'land of promise :' and de- vise some mode of their gradual emancipation; or whether it would not be better for the negroes of the United States, and our new state to stay as they are."
"One of the people" decided to ignore the challenge of "Erin" because it was "too late to reply, in time to answer any of those purposes which he appears to have had in view" the elections then being over. To "An old farmer," however, he replied with vigor, accusing him of being no farmer at all but a doctor who had "been in the territory about six or eight weeks." Denying that he had written the articles signed "A friend to equal jus- tice," he accused "An old farmer" of having written those signed "Anticipator," and of having "commenced 'anticipating' a con- stitution for us" two weeks after he came to Illinois. So much of this reply as was not devoted to ridicule and personalities, was a defense of the law and lawyers.271 The character and value of the common law, however, were much more ably discussed in a communication signed "Common Sense" which appeared in the previous issue of the paper :
Let us enquire what this law is, so much detested by the learned Anticipator. It is in the words of an able judge the perfection of reason; it has for its founda-
"1Intelligencer, July 8, 1818.
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tion the general customs of the kingdom, the law of nature and the law of God; it is founded upon reason and is said to be the perfection of reason acquired by long study, observation, and experience, and refined by learned men in all ages. Its continuance, therefore, the warmth with which it has always been supported, and its general adoption throughout the U. States is the best evidence of its utility and excel- lence; it is the birthright of every citizen, the only safeguard he hath for the protection, not only of his property but his family.272
All these various communications, considered together, would indicate that there were in Illinois in 1818, two sorts of poli- ticians. One type consisted of young ambitious lawyers, with a fair amount of education, many of whom had come to the terri- tory only a few years before in the hope of finding there a road to wealth and political preferment. The other class, more nu- merous, was made up of those among the old established citi- zens who, having come in the front ranks of the pioneers, had acquired a competence by land operations or business enterprises and had become the social and political leaders of their fellows. Lacking the advantages of education and wide experience, the men of this latter class were provincial in their views and igno- rant of the science of government, but they were in no hurry to withdraw in favor of the more competent newcomers.
In spite of the importance of the issue of slavery in the elec- tion of members of the convention, it seems probable that per- sonal popularity played a very large part in determining the outcome, just as had been the case with territorial elections. Relying on this popularity, some of the candidates evidently tried to evade the issue. In the Intelligencer of May 27, a writer who signed himself "The people" declared: "The object which most interests the public mind, with regard to the approaching election, for members to the convention, is to know whether they are in favor of the toleration or the prohibition of slavery. Several have offered, in different parts of the territory, who have made their sentiments known on that head, and pledge
212Intelligencer, July 1, 1818.
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themselves to one or other of the parties to support their favorite measure :- Others again conceal their real opinions, and meas- urably give both parties hopes of being successful through their means." Still more objectionable to this writer were those who claimed to be ready to obey the instructions of their constituents regardless of their own views and thus made "so light of their opinions as to barter them for an office." This communication was probably from an opponent of the toleration of slavery, but a month later "A citizen," who seems to have been on the other side, called for the "candid and impartial sentiments" of the candidates on the subject. "On this important point," he wrote, "it will be well for every man to inquire before he gives his vote and to enquire of the candidate, in the presence of those of an opposite opinion to himself, so that he may not flinch, and act the camelion, as, I fear, some of our candidates are doing."278
The complicated nature of the slavery question doubtless en- abled many of the candidates to evade the vital issues of existing slavery and the indenture system by merely declaring themselves opposed to the admission of slavery. In Madison county, ac- cording to a contemporary writer many years later, the "candi- dates all professed to be opposed to slavery. One of them said he was opposed to it because he believed it would be a disadvan- tage to the State,-if he had thought it an advantage, he would have been in favor of it." One of the successful candidates in this county was Benjamin Stephenson, who in the convention voted for all the proslavery clauses. Probably he had declared himself opposed to the introduction of slavery but did not feel under any obligation to aid in wiping out existing slavery or the indenture system. For the attitude of candidates in the other counties little evidence is available except the votes in the con- vention of those who were successful. The representatives of three counties, Union, Johnson, and Edwards all voted on the antislavery side at every opportunity, and it is quite likely that the slavery issue played a considerable part in their elections. Of the four unsuccessful candidates in Union county, two held slaves. In Johnson, the only known candidate who was not
213 Intelligencer, May 27, June 24, 1818.
THE VALLEY OF THE MISSISSIPPI ILLUSTRATED IN A SERIES OF VIEWS.
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elected was a slaveholder and an active advocate of the tolera- tion of slavery in Illinois. He is said to have been defeated by only a few votes.274 In Edwards it is possible that Birkbeck may have exerted an influence against slavery even as early as this election.
All the representatives from Gallatin, Randolph, and Jack- . son counties voted consistently for the recognition of the inden- ture system and existing slavery. The importance of the saline, the operation of which depended upon slave labor, is sufficient to explain the situation in Gallatin. In Randolph, Kane is said to have declared that "if Doctor Fisher should be elected as his colleague, he, Mr. Kane, would consider himself instructed to vote for the introduction of slavery, but if Mr. McFerron was elected as his colleague, then he would consider himself in- structed to vote against slavery." ''275
From this it would seem that Kane expected to be elected himself, regardless of the issue, because of his prominence in the county. The situation was somewhat similar in Jackson county, where it was only a question of whom the voters should "select as the other delegate to accompany Conrad Will; for the doctor's ability and prominence made him pre-eminent in all their public affairs. Their choice fell upon James Hall, Jr., an intelligent and enterprising citizen, though having but moderate education." R. E. Heacock, a lawyer who in 1816 ran against Pope for the position of delegate, was the only one of the five known candidates in this county who was not a slaveholder. Here again the salt works were an influential factor. The election in the other counties of men who opposed each other on the slavery issue indicates that the question was not the de- termining factor in these cases.
The methods of campaigning adopted by the candidates in this election were those customary on the frontier at the time. The two newspapers must have reached only a small proportion
""His name was John Copeland. See Biographical Review of Johnson, Massac, Pope, and Hardin Counties, 354; Churchill, "Annotations," no. 7.
275Ibid .; see also p. 200. For the situation in Jackson county see Illinois State Historical Society, Transactions, 1905, p. 358-359; Patterson, "Early Society in Southern Illinois," in Fergus Historical Series, no. 14:122.
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of the voters but it is probable that handbills were circulated and these may have been more specific in their discussion of the merits of the respective candidates than were the articles in the Intelligencer. To a large extent, however, the campaign prob- ably took the form of a house to house canvass, the character of which is admirably delineated in a poem entitled "Candidates" which was published in the Intelligencer of July I, five days be- fore the elections began :
In dreary woods, remote from social walks I dwell. From year to year, no friendly steps Approach my cot, save near election days, When throngs of busy, bustling candidates Cheer me with their conversation so soft and sweet- I list' with patience to their charming tales, Whilst gingerbread and whisky they disperse, To me, my wife and all the children round. Some bring a store of little penny books And trinkets rare for all my infants young .- My health and crops appear their utmost care, Fraternal squeezes from their hands I get- As tho' they lov'd me from their very souls :- Then-"Will you vote for me my dearest friend? Your laws I'll alter, and lop taxes off ;- 'Tis for the public weal I stand the test, And leave my home, sorely against my will: But knowing that the people's good require An old substantial hand-I quit my farm For patriotism's sake, and public good;" Then fresh embraces close the friendly scene, With protestations firm, of how they love. But what most rarely does my good wife pleate, Is that the snot nos'd baby gets a buss !! O that conventions ev'ry day were call'd, That social converse might forever reign.
It would seem that those candidates who most diligently fol- lowed this method of house to house canvass were the most likely to be elected. No one had a better opportunity for such a canvass than the commissioners who took the census, and five of them or one-third of their number, were elected to the con- vention. Among the other successful candidates were the father of one and the brother of another of the commissioners.
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Doubtless the latter had availed themselves of the opportunity to speak a good word for their relatives while collecting the census data.
In such a campaign it is probable that personalities played a large part. One of the candidates in Monroe county was Andey Kinney, an early settler in the country. His opponents first charged him with "offering to purchase votes on such and such terms" and then dug up an old charge that he had once rebelled against his country "and had taken a captain's commission under a French officer." They specified, moreover, that he "had been tried by a court of justice, fined in a sum of forty dollars, and never to hold a commission in the territory afterwards."
Kinney denied the charge in the Intelligencer of June 10, and presented several certificates to prove that he had been acquitted at the trial. He also pointed to the fact that he had "valiently [sic] assisted in defending my country in an engage- ment above Cahokia, under the Bluff where we killed seven men, and wounded some more, in the year 1794." The sole cause of his "embarking in this important case of the convention, was for the express purpose of being an advocate for our inherent rights which naturally belong to a free and independent peo- ple .- Slavery is an abomination which we ought to guard against in every sense of the word. High salaries which are oppressive to the people, ought never to be sanctioned. So I shall conclude, stating that if I should be elected, that according to the best of my abilities, I will use every exertion in my power, to promote the general interest of the people." Kinney was not elected.
The elections took place on July 6, 7, and 8. The only polls in each county were held at the county seat and the voting was viva voce. The vote of each elector was recorded and pro- claimed aloud by the sheriff. This system, which was used in several of the southern states had been substituted for election by ballot by a law passed by the territorial legislature on Decem- ber 8, 1813. The preamble of this act declared: "Whereas voters have hitherto been obliged to vote by ballot, and the ignorant as well as those in embarrassed circumstances are thereby subject to be imposed upon by electioneering zealots.
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"And whereas it is inconsistent with the spirit of a representa- tive republican government since the opening for bribery and corruption is so manifest, which should ever be opposed and suppressed in such a government, for remedy whereof." One of the communications of "Agis," published July 1, 1818, was a protest against the viva voce system of voting and against the regulation requiring "all the electors of a county to give their votes in one place." The writer showed that voting by ballot, instead of giving opportunity for corruption and undue influence, was the best means of preventing it. "These hints," he con- cluded, "are suggested at this time in order that, when the all- important selection of members of the convention for framing your state constitution, your choice may be directed to such men as will support the equal rights of the people."276
No statistics are available regarding the number of ballots cast in any of the counties except Madison. The census shows 1,012 men of voting age in that county, and there were 517 votes cast in the election.277 Taking into consideration the fact that only those who had been in the territory since the first of the year were qualified to vote and the long distances which many of the voters must have had to travel, this indicates a very active in- terest on the part of the electorate.
News of the result of the election was slow in coming in. On July 15, the Intelligencer printed the names of the successful candidates in Randolph and the near-by counties of Monroe, St. Clair, Madison, and Jackson. The next week the list was com- pleted for all except Bond, Edwards, and Crawford counties, but the names of the representatives from these counties were not printed until August 5, two days after the convention as- sembled.
The issue of the Intelligencer in which were printed the first proceedings of the convention, contained the following address :
The undersigned happening to meet at the St. Clair Circuit Court have united in submitting the fol- lowing address to the friends of Freedom in the state of Illinois :
26 Pope's Digest, 1 :154-155; Intelligencer, July 1, 1818.
"""Churchill, "Annotations," no. 7.
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Feeling it a duty in those who are sincere in their opposition to the toleration of slavery in this territory, to use all fair and laudable means to effect that subject, we therefore, beg leave to present to our fellow-citi- zens at large, the sentiments which prevail in this section of our country on that subject. In the coun- ties of Madison and St. Clair, the most populous counties in the territory, a sentiment approaching that of unanimity against it seems to prevail. In the coun- ties of Bond, Washington and Monroe, a similar senti- ment also prevails. We are informed that strong exer- tions will be made in the Convention to give sanction to that deplorable evil in our state; and least such should be the result at too late a period for any thing like concert to take place among the friends of free- dom in trying to defeat it; we therefore, earnestly so- licit all true friends to freedom in every section of the territory, to unite in opposing it, both by the election of a Delegate to Congress who will oppose it, and by forming' meetings and preparing remonstrances to Congress against it. Indeed, so important is this ques- tion considered, that no exertion of a fair character should be omitted to defeat the plan of those who either wish a temporary or unlimited slavery. Let us also se- lect men to the Legislature who will unite in remon- strating to the general government against ratifying such a constitution. At a crisis like this, thinking will not do, acting is necessary .??
In this address, the leaders of the extreme antislavery party acknowledged their defeat.
278 Intelligencer, August 5, 1818. The address was signed by Risdon Moore, Benjamin Watts, Jacob Ogle, Joshua Oglesby, William Scott, Sr., William Biggs, George Blair, Charles Matheny, James Garretson, and William Kin- ney from St. Clair county; William Whiteside from Madison; James Lemen from Monroe; and William Bradsby from Washington.
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CHAPTER X
FRAMING THE CONSTITUTION
It must have been a great event for the quaint old town of Kas- kaskia when the con- SICKLE [Original owned by William Wilk- inson, Roodhouse] stitutional con- vention assem- bled on the first Monday in August, 1818. Composed of thirty-three members, this body was almost twice as large as the council and house of representatives combined of the last territorial legislature. Doubtless many who were not members of the convention but were interested in the outcome of its deliberations vis- ited Kaskaskia during the session; Bennett's tavern was filled to overflowing. Among the distinguished men known to have been present were the Reverend John Mason Peck, Baptist mis- sionary, who disclaims any business with the convention, and Edward Coles, afterwards governor and leader of the anti- slavery party, who asserts that he not only attended the conven- tion but also "made the acquaintance and learned the opinions, views and wishes of many of its prominent members." Neither of these men, unfortunately, left any detailed account of his observations, and practically the only available sources of in- formation about the convention are the recently discovered "Journal" and the very inadequate and colorless reports in the Intelligencer.279
3ºBabcock, Memoir of Peck, 97; Washburne, Edward Coles, 44; Coles to Lippincott (n. d.), copied as a manuscript note in Lippincott's copy of his "Conflict of the Century." The only copy of the "Journal" of the conven- tion known to be in existence, was presented to the secretary of state in 1905 by J. W. Kitchell, a nephew of Joseph Kitchell, one of the members of the convention from Crawford county. A page for page reprint of this copy can be found in the Illinois State Historical Society, Journal, 6:355-424. [The
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FRAMING THE CONSTITUTION
All the representatives elected to the convention except the four from the near-by counties of Washington and Jackson were present on August 3, the date set by the enabling act for assembling. A temporary organization having been effected, the "representatives from the several counties were then called" and the members present took their seats. Permanent organ -. ization followed immediately; Jesse B. Thomas was elected president, William C. Greenup, secretary, and Ezra Owen, ser- geant at arms. Judge Thomas was the most prominent man who had been elected to the convention so that his choice as president was a natural one and may have had no political significance. Greenup had held various clerkships in the territorial legislature and in the courts of Randolph county, and in spite of his hos- tility to the governor had been appointed clerk of the circuit court and reappointed clerk of the county court the preceding January. Doubtless he was one of the few men available who were qualified for the position. The "Journal" gives no in- formation about the balloting for officers, except the names of the men elected but it is clear that, if there was any contest be- tween the old political factions over the organization of the con- vention, the Edwards faction certainly was not in control.280 The only other business transacted the first day was the appoint- ment of three committees, one to examine the credentials of the members, one to frame a set of rules, and one to secure a min- ister to open the next meeting with prayer.
The first real work of the convention was necessarily to ascer- tain officially the result of the census in order that it might know whether or not it was authorized, under the enabling act, to proceed with the framing of a constitution. On the second day, August 4, after the representatives from Jackson and Washing- ton counties had been admitted, Mr. Kane moved the appoint- ment of a committee "to examine the returns made to the secre- tary's office of this territory and make report thereon.
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