The history of Adams County Illinois : containing a history of the county - its cities, towns, etc. a biographical directory of its citizens, war record of its volunteers in the late rebellion; general and local statistics, portraits of early settlers and prominent men, Part 59

Author:
Publication date: 1879
Publisher: Chicago : Murray, Williamson & Phelps
Number of Pages: 1254

USA > Illinois > Adams County > The history of Adams County Illinois : containing a history of the county - its cities, towns, etc. a biographical directory of its citizens, war record of its volunteers in the late rebellion; general and local statistics, portraits of early settlers and prominent men > Part 59

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In addition to the eleven judges above named, since the act creating the Appellate Court of this State, and the redistricting of the State, the counties of Brown, Hancock, Fulton, Schuyler, Pike, and McDonough are inelnded in the district of which this county is a part, and the bench is composed of three judges, J. Sibley, C. L. Higbee, and S. P. Shope being the present members of the bench.

THE BAR.

The members constituting the legal fraternity at Quincy have always held a high place in the estimation of the profession, as from its earliest formation, back in 1831, up to the present time, the Quiney bar has main- tained its reputation for superiority. The early har included names that have since become noted either on the bench or in the legislative halls, while the legal profession at the present day has among its members men who are a credit to any community.

The first lawyer that ever made Quincy his residence was Louis Mas- querier, or Masquerre, who came to the then village of a few families in about 1827 or 1828. History does not record the fact that his first few years were made notable by being overwhelmed with legal business. It would seem, however, that the location was a desirable one, for in a very short time the bar of Quincy was increased by the arrival of new mem- bers who, in prospecting, decided upon locating in Quincy. In the year 1831 the bar was composed of J. H. Ralston, who afterward became a judge of this judicial district; Archibald Williams, afterward a noted lawyer of the State; Louis Masquerier, who became noted as the first law- yer in Quincy; O. H. Browning, who has since become a lawyer as well as a statesman of national reputation; and a lawyer by the name of Jeffries. This number was augmented by the arrival of Judge Young, who moved to Quincy in the latter year, as also did Thomas Ford, then the prosecuting attorney of the circuit, and afterward governor of the State. Mr. Hub- bard, afterward governor of the State, soon removed to Quincy, and with Henry Asbury and James W. Whitney, known as "Lord Coke," and the others above named, composed the legal fraternity of Quincy and the western portion of the State. They were closely followed by Andrew Johnson, C. B. Lawrence, afterward supreme judge of the State, A. Jonas, C. A. Warren, A. Wheat, and others of later date.

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HISTORY OF ADAMS COUNTY.

Among the many men at the Quincy bar who have distinguished themselves outside of the legal practice may be mentioned Hon. O. H. Browning, of Quincy. As early as 1831 he left his native State of Kentucky and located in Quincy as a member of the bar. He was. not slow to be prominently known, even among the great intellects that were accustomed to make the tour of this circuit, which included nearly one half of the present entire State. His reputation for ability being established, political honor sought him. In August, 1836, he was elected to the Illinois Senate and served four years in that body. In 1837 N. Bushnell arriving, he and Mr. Browning formed a law partnership which continued until the death of Mr. Bushnell. In 1842 Mr. Browning was again elected to the State Legislature, serving as a member of the As- sembly. He ran as the Whig candidate for Congress, but was defeated by small majorities.

Upon the death of Senator Douglas, Mr. Browning was appointed by the Governor to take the vacant seat until a successor could be elected by the legislature. After leaving the senate he opened a law office at the national capital, associating himself with Senator Cowan of Pennsylvania. In 1866 when President Johnson re-organized his cabinet, he called Mr. Browning to the position of the Secretary of the Interior. He retained this responsible position until the close of the administration acquitting himself. of its duties with signal success. Since retiring from the cabine the has lived quietly at his home in Quincy, having a large and lucrative practice. He was elected a member of the last constitutional convention of Illinois, and by his presence and experience did his share in forming the present constitution.

Hon. C. A. Warren, of Quincy, was born in New York in 1807, and received a common-school education. He entered a printing office and served his apprenticeship, and for a time worked side by side with Horace Greeley of the New York Tribune. While working at his trade Mr. War- ren completed his legal studies, and was graduated from Transylvania University in Kentucky, in 1834. He received his first diploma from the Supreme Court of Ohio, and commenced the practice of law at Batavia in that State, with Thos. Morris (father of Hon. Jno. N. Morris, of Quincy) afterwards U. S. Senator of Ohio, for a partner. In 1836, Mr. Warren came to Quincy, and after remaining one year, removed to Warsaw. He returned in 1839, and formed a partnership with. J. H. Ralston. He also was in partnership with O. C. Skinner afterwards Supreme and Circuit Judge, and also George Edmonds, Jr., of Hancock county. He served as. prosecuting attorney, and is still carrying on his practice.

Gen. Jas. W. Singleton is another prominent man of the Quincy bar. He is a native of Virginia, and early moved to Illinois, locating in Schuyler county. Here he practiced medicine and also devoted himself to the study of the law. He was elected twice to the Legislature, and also to the con- stitutional convention in 1848. During the Mormon troubles at Nauvoo, he was assigned by the Governor to take command of the military at that point, and remained there until the troubles were satisfactorily adjusted. In 1852 he came to Quincy, and at once identified himself with the interests of the place. He singly and alone constructed the railroad from Camp Point to the Illinois river at Meredosia. He served one time in the Legislature from Adams. His mission to Richmond, Va., during the late war is well-known, he having visited the rebel capital at the request of

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HISTORY OF ADAMS COUNTY.

President Lincoln, in the hope of dissuading the confederates from con- tinning the struggle. His mission failed. In 1868 he was nominated for congress in the Fourth Distriet, but was defeated. In 1878 he was again nominated and elected by a large majority.

Hon. Nehemiah Bushnell was a native of Connecticut, and graduated from Yale College in 1835. In 1837, after being admitted to the bar he came to Quiney, and the same year formed a partnership with Hon. O. H. Browning, which lasted until Mr. Bushnells death. Shortly after establish- ing himself in Quiney, he conducted, the editoral department of the Quincy Whig. After leaving this journal he devoted his entire time and talents to his profession. He was considered a fine lawyer, and was a very energetic and persevering student even to the day of his death in 1874.

Ex-Senator William A. Richardson, an honored citizen of Illinois was a resident of Quiney, where he died on the 27th of December, 1875. He was a native of Kentucky, being born in Fayette county in 1811. He received a liberal education for those early times which included a col- legiate course at Transylvania University at Lexington, from which insti- tution he graduated. After leaving college he completed the study of law and was admitted to the bar. Very shortly after his admission, he came to Illinois and located at Shelbyville in 1831. In 1832 he volunteered in the Black Hawk war, serving some four months, when he removed to Rush- ville, the county seat of Schuyler county, where he continued to reside until 1849, when he removed to Quiney. His positions of honor and trust were many and inelude eivil and military. In 1835 he was elected States Attorney, which position he resigned in 1836 to accept the position of member of the State Legislature for the county of Schuyler to which he was elected. In 1838 he was elected to the State Senate, and in 1844 was a presi- dential elector. He also was elected to the legislature and chosen speaker. At the commencement of the Mexican war in 1846, Mr. Richardson raised a company in Schuyler county and was made captain. This com- pany joined the troops at Alton, Illinois, and was placed in the 1st Regi- ment under the command of Col. J. J. Hardin. During the war the 1st regiment engaged in the battle of Buena Vista, where Captain Richard- son was promoted on the field for brave conduct. After returning to Illinois, Mr. Richardson was elected in 1847 to Congress, where he continued by re-elections until 1856. In this latter year he resigned his seat in Congress to make the canvass for the gubernatorial chair of Illinois. Owing to the unpopularity of the Kansas and Nebraska bill which he defended, he was defeated by four thousand votes in a poll of two hundred and forty thousand. This was his first and only defeat. In 1857 he was made Governor of Nebraska, where he found the territory in the wildest confusion-no civil laws, and few and imperfect criminal laws. Before leaving the territory he established the criminal code of Illinois, and the civil practice of Ohio. In 1860 he returned to Illinois, and was re-elected to Congress by the Quiney district where he served until elected to the United States Senate to fill the unexpired term of Judge S. A. Douglas. His term as senator expired in 1865, which terminated his public services of a national character. From 1865 to his death he resided at his home in Quiney. He was elected to the position of supervisor for the Quincy distriet to use his influence and experience in keeping the county seat at Quincy, when an effort was made to remove it to another portion of the county in the year 1875. His efforts were successful as the county seat

Antibalo Milliano (DECEASED) QUINCY

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HISTORY OF ADAMS COUNTY.

question is now settled forever. Senator Richardson was a man of great personal magnetism, and a powerful speaker from the fact that his state- ments always bore the marks of personal convictions. He was a man that tolerated views and conclusions different from his own, and always gave them a careful and considerate hearing. His political acts were based on the principle, that he believed to be the foundation of the Democracy, while his honesty of intention can never be doubted. While living he worked a potent influence on the political questions of the State and Na- tion, and his memory, now that he is dead, is cherished by his friends and admirers and respected by his enemies.

Hon. Jackson Grimshaw, a native of Pennsylvania, came to Illinois in 1845, settling in Pike county, where he continued to practice law for four- teen years, at the expiration of which time he came to Quincy. He was associated in Quincy, with Hon. Archibald Williams, the partnership last- ing until Mr. William's death. 1n 1856, Mr. Grimshaw was nominated by the Republicans for Congress, but was defeated. Since that time up to his death, he refused all political honors. In 1865 he became Collector of Internal Revenue for the 4th District of Illinois. He held the office until 1869. He was a fine speaker, a good lawyer and a man full of warm impulses and genial manner. His death occurred in 1875.

Hon. Archibald Williams was born in Montgomery county, Kentucky, June 10, 1801. Having received from his parents the first rudiments of an education, he was thrown upon his own resources early in life. He first engaged in manual labor, but being of a studions disposition, improved all his opportunities for self-cultivation, and finally turned his attention to teaching. His fondness for study caused him to select the law as his pro- fession, and his position as a lawyer in after years showed the correctness of his selection. He was admitted to the bar in Tennessee, in 1828, and moved to Quincy in 1829. During his first six years' practice he achieved the highest rank as a lawyer and jurist, and as a man of spotless character. He was elected three times to the State Legislature. In 1847 he was selected against a Democrat, in a Democratic district, to serve in the Con- stitutional Convention. He was twice nominated by the Whigs as their choice for United States Senator, but the opposition being in the majority he was defeated. He was also a Whig candidate for Congress in the cam- paign immediately preceding the birth of the Republican party, and was defeated. He was offered a seat on the United States Supreme Bench, but refused because he felt that his advanced age made him disqualified for the office. In 1849 he was appointed by President Taylor, District Attorney for Illinois, and in 1861 he was appointed by President Lincoln, U. S. Dis- trict Judge of Kansas. He was a man of strong convictions, but possessed a great respect for others' views and conclusions. He was generous, kind and forgiving, while his ability as a lawyer was second to none. He died at Quincy, Sept. 21, 1863, and leaves behind him the record of a noble and pure life.

In the early days of the settlement of the western part of Illinois, the bar and the court proceedings were not as well read as at the present day, but their good sense and quick judgment made ample amends for lack of book knowledge. 'As early as 1831 the judicial circuit of Quincy was a part included in the district in which Chicago was situated, and also the Galena district. The judge and lawyers usually made the circuit together, which was then performed on horseback. The cavalcade approaching a 27

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town in which court was to be held being the great event of the season, which was looked forward to by all, and afterwards proved the source of general conversation. Gen. John Tillson, in speaking of the early bar, its members and practice, says: Well was and is it known that during all the earlier periods of our State history, the prominence of the Quincy, or Bounty Tract, bar was an admitted Illinois fact. Here were taught, needed, developed the stalwart qualities that attach to and betoken the most complete fruition of legal excellence, as attained in the recognition, study, comprehension and application of the obtuse and limitless princi- ples and history of that noblest portion of jurisprudence-land law.

On this broad field, years since inviting and fast filling with adven- turous immigration, where existed land titles of every shade, affected by conflicting legislation, varying as the years, was gained the rare training and reputation of our legal athletes-an arena such as was found in no other section of the State; and in addition to these advantageous themes of practice, the professional necessities of the bar vastly aided its members in their advance to self-reliant supremacy. The reasons for this are novel but conclusive.

Law, in those past off days, demanded of its votaries different quali- ties from now. It exacted the instincts of the smarter men, of genius, and nerve and novelty. It was the intellectual over the educated that led the van. Of books there were few. Authorities and precedents slumbered not in the great handy libraries. The entire resources of the Bounty Tract could hardly to-day fill out the shelves of one ordinary lawyer's library. Hence alike, whether engaged in counsel or litigation, native resources, remembrance of the past reading, but mainly the readiness and aptitude with which legal principles, drawn from rudimental reading or educed by intuition, could be applied to any interest or exigence in "the infinite variety of human concerns," were the only armories whence were drawn their needed weapons of assured success.

He was a luckless lawyer who had to hunt his books to settle a sud- denly controverted point, or answer a bewildered client's query; and he was a licensed champion, who, theorizing from his instored legal lore, or instinctive acumen, knew on the instant where best to point his thrust, and was equally ready with every form of parry and defense. The off- hand action and advice of such men, nerved by necessity and skilled by contest, became of course to be regarded almost like leaves of law.

One can thus somewhat realize what keen, pliant, incisive resource was attained by such careers; how inspiring and attractive were their con- clusions; how refined, and subtle and sharpened their intellects must have become.

It should not be supposed that looseness, lack of accuracy or legal formula marked the rulings of the bench and bar. There was friendship and familiarty, it is true; because everybody knew everybody. The court- houses were shambling great log houses; their furniture, chairs and desks -split bottomed and unplaned-would have set a modern lawyer's feelings on edge; but the bench was always filled with character, knowledge and dignity, and the forensic ruling and requirement was governed by as much judicial precision and professional deference as would mark the records of the most pretentious tribunal in the land.

The bar, in those early days, was a sort of a family to itself. There was mutual acquaintance. All travelled the circuit, went to every county

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HISTORY OF ADAMS COUNTY.

on court week, came from all quarters. Egypt and Galena had their rep- resentatives. Some went there because they had business; some because the wanted to get business, and all that they might learn.

In court, by practice and observation, was acquired much of knowl- edge that the paucity of books denied the student and young practitioner. Out of court their associations were like that of a debating society or law school. They mingled in common; ate, drank, smoked, joked, disputed together. The judge, at the tavern, had the spare room, if such a room there was, and the lawyers bunked cozily, dozens together, in the " omni- bus," as the big, many-bedded room was called, and there they had it. Whatever of law point, past or present, pending or probable, could be raised, they went for it, discussed, dissected, worried, fought over it, until, whether convinced or not, all knew more than when they first commenced; and thus struggling over these made-up issues of debate, became sharped, by mutual attrition, the legal faculties that were panting for future and more serious contests. These lawyers were on exhibition and they knew it. Every man in the county came to town court week, if he could. There were but few people in the county then, and court week was the natural periodical time for the farmers to meet, swap stories, make trades, learn the news, hear the speeches, and form their own opinion as to which of these "tonguey fellers it is safest to give business to, or vote for for the Legislature." A pretty good idea of how universal was the gather- ing, of necessity at the county seats, in those primitive days, may be gleaned from the fact that at the assembling of the first court in Adams county, every man in Adams and Hancock (then a part of Adams) was either on the grand or petit jury except two-and one of them was, and perhaps both, under indictment. Most of them were young. They had jolly old times, those limbs of the law, jolly indeed. All were instinct with the very cream of zeal, enterprise and originality that inheres to a new community; and among them, jibe, jest, and fun, and yarn, and repartee, and sell were tossed about like meteoric showers.

An amusing incident is told, in which the judge, prosecuting attor- ney, and another member of the bar were traveling over the prairie, and, while lighting their pipes, either thoughtlessly or accidentally, set the grass on fire. It spread, swept towards the timber, destroyed a settler's fences and improvements, and some luckless wight was indicted for the offense. The lawyer who formed one of the traveling party defended the culprit. The prosecuting attorney of course had his duties to perform to the furtherance of the ends of justice. The judge had the outraged inter- ests of law to protect under the solemnity of his position and oath; but it required all the earnest efforts of the gifted counsel, all the generous rulings of the judge, all the blundering action of the prosecuting attorney, the united sympathies in fact, of this secretly sinning legal trinity, to pre- vent the jury from finding a verdict against the innocent accused.

BAR ASSOCIATION.

The members of the Quincy bar formed a bar association, on January 18, 1876, as the following will show:

STATE OF ILLINOIS, sg.

Adams County.

We, the undersigned, being citizens of the United States, desiring to form an associa- tion, not for pecuniary profit, pursuant to an act of the General Assembly of the State of

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HISTORY OF ADAMS COUNTY.

Illinois, entitled " An Act Concerning Corporations," approved April 18, 1872, do hereby certify that the following is a true statement of the name or title by which such Association shall be known in law; the particular business and object for which it is formed : the num- ber of its managers, and the names of the same selected for the first year of its existence, viz;

1. Name or title; "The Quincy Bar Association."

2. Particular business and object is, to establish and maintain the honor and dignity of the profession of the law, to cultivate social intercourse among its members, and to increase its usefulnes in promoting the due administration of justice.

3. Number of managers, seven (7).

4. Names of managers selected for the first year; Orville H. Browning, Alexander E. Wheat, Frederick V. Marcy, William Marsh, John H. Williams, Ira M. Moore, Henry Asbury.

5. Location, Quincy, Illinois.

(Signed) JOSEPH. N. CARTER, HOPE S. DAVIS, RUFUS L. MILLER.

The constitution adopted, after giving the name as above, and object of organization, provides for membership by stating that any member of the legal profession, practicing, of good standing, in the city of Quincy, may become a member, by a vote of the association.

Judges of Courts of Record in Illinois, and members of the bar of Illinois, may like- wise become members, without the privilege of voting.

The officers of the Association shall be a President, and a First and Second Vice-Presi- dent, a secretary, a Treasurer, a Board of Managers of seven members, and a Committee on Admissions to consist of seven members. The officers, after the first election, shall be elected at the annual meeting, to be held on the second Saturday of January in each year.

The Board of Managers and the Committee on Admissions first chosen under the By- Laws, shall divide themselves into three classes, the first to consist of three and the others of two members each. The first class of each Committee shall hold office for one year; the second class, two years; the third class, three years; the first annual election and every third year thereafter shall be for three members, and all other elections shall be for two members of the Board of Managers and two of the Committee on Admissions, to hold office three years.

The following standing committees with their duties will explain the workings of the association:

A committee on the amendment of the law, which shall be charged with the duty of attention to all proposed changes in the law, and recommending such as, in their opinion, may be entitled to the favorable influence of this association.

A judiciary committee, which shall be charged with the duty of the observation of the working of our judicial system, the collection of information, the entertaining and examina- tion of projects for a change or reform in the system, and of recommending, from time to time, to the association such action as they may deem expedient.

A committee on grievances, which shall be charged with the hearing of all complaints against members of the association, and also all complaints which may be made in matters affecting the interests of the legal profession and the practice of the law, and the adminis- tration of justice, and to report the same to this association, with such recommendation as they may deem advisable.

A committee on legal education, which shall be charged with the duty of examining and reporting what changes it is expedient to propose in the system of legal education, and of admission to the practice of the profession in the State of Illinois.

The officers are as follows:

President .- Orville H. Browning.

Vice-Presidents .-- William Marsh, and Alexander E. Wheat.

Board of Managers .- Orville H. Browning, Alexander E. Wheat, Frederick V. Marcy, Uriah H. Keath, Ira M. Moore, Henry Asbury, and William Marsh.

Secretary .- Rufus L. Miller.

Treasurer .- James F. Carrott.

Committee on Admissions .- Ira M. Moore, William G. Ewing. Albert W. Wells, Joseph N. Carter, James F. Carrott, Rufus L. Miller, and George W. Fogg.

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HISTORY OF ADAMS COUNTY.

STANDING COMMITTEES.

Judiciary .- Almeron Wheat, Sen., William McFadon, and Laurence E. Emmons. On Grievances .- Joseph C. Thompson, Uriah H. Keath, and Oscar P. Bonney. On Amendments of the Law .-- Hope S. Davis, Bernard Arntzen, and William H. Govert. On Legal Education .- Frederick V. Marcy, William W. Berry, and Aaron McMurray.

The bar association have the nucleus of a law library, and have secured from the Board of Supervisors of Adams county the use of the library-room in the new court-house. This room in future will be used as a library and place of meeting of the Quincy Bar Association.

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The history of Adams County Illinois : containing a history of the county - its cities, towns, etc. a biographical directory of its citizens, war record of its volunteers in the late rebellion; general and local statistics, portraits of early settlers and prominent men, Part 59

Author: Publication date: 1879 Publisher: Chicago : Murray, Williamson & Phelps Number of Pages: 1254

Author:
Publication date: 1879
Publisher: Chicago : Murray, Williamson & Phelps
Number of Pages: 1254