CHAPTER II SERVICE AS CITY ATTORNEY AT SPRINGFIELD 1855 and 1856
My election as City Attorney of Springfield signalized at once my active interest in politics at the very moment when the war cloud was beginning to take shape in the political heavens—a portentous cloud, but recognized as such at that time by comparatively few of the thinking people. It had seemed certain for years that a struggle was sure to come. Being a very young man, I suppose I did not realize the horrors of a civil war, but I watched with keen interest the signs of dissolution in political parties, and realignments in party ties.
In 1854 the country seemed on the verge of a war with Spain over
Cuba which happily was averted. The Black Warrior had been seized
in Havana Harbor, and the excitement throughout the country when
Congress prepared to suspend the neutrality laws between the United
States and Spain was intense.
It was about this time also that the famous Ostend manifesto was issued without authority from any one. The American representatives at the Courts of England, France, and Spain met at Ostend to confer on the best method of settling the difficulties concerning Cuba and obtaining possession of the island. They issued a manifesto in which they recommended that Cuba should be purchased if possible, failing which that it should be taken by force:
"If Spain, actuated by stubborn pride and a false sense of honor, should refuse to sell Cuba to the United States, then by every law, human and divine, we shall be justified in wresting it from Spain, if we possess the power."
The Ostend manifesto was repudiated; but it is certain that we would have then intervened in favor of freeing Cuba, had it not been for the dark war clouds which were so quickly gathering over our own country.
Among the other vital conditions which helped to keep the country's interest and attention divided at this critical time was the Missouri Compromise repeal, May 30, 1855. This repealing act early began to bear political fruit. Already treaties had been made with half a score of the Indian Nations in Kansas, by which the greater part of the soil for two hundred miles west was opened. Settlers, principally from Missouri, immediately began to flock in, and with the first attempt to hold an election a bloody epoch set in for that region between the pro-slavery and anti-slavery factions, fanned by attempts in Massachusetts and other Eastern States to make of Kansas a Free State.
By methods of intimidation, Whitfield, a slave-holder, was elected the first delegate to Congress. At a second election thirteen State Senators and twenty-six members of a Lower House were declared elected. For this purpose 6,320 votes were cast—more than twice the number of legal voters.
Foreign affairs other than Spain's unfriendly activities also had a share in distracting attention. The United States paid Mexico ten million dollars to be free of the Guadalupe Hidalgo obligation to defend the Mexican frontier against the Indians.
My first experience after I was elected City Attorney, was to prosecute persons charged with violating the ordinances prohibiting the sale of intoxicating liquors. One of my preceptors, the Hon. Benjamin S. Edwards, was a strong and earnest temperance man. He volunteered to assist me in the prosecution of what we called "liquor cases." The fact is that for a time he took charge of the cases, and I assisted him. Life was made a burden to violators of liquor ordinances that year in Springfield.
The following year, 1856, was a Presidential year. I was chosen as an elector on what was called the "Fillmore Ticket." I did not at that time believe very strongly in Fremont for President. During the same year, I was nominated as a candidate for the House of Representatives of the Illinois Legislature, and was supported by both the Fillmore party and the Free-soil party and thus elected.
The House of Representatives of the Legislature of 1856 was so close that if all the members who had not been elected as Democrats united, they had one majority. If any one of them went to the Democrats, the Democrats would have the control. One of the men elected on the Fillmore ticket went over, thus giving the Democracy the coveted one necessary. The Republicans, or as they were then called, Free-soilers, attempted to organize the House by recognizing the clerk of the previous House, who was a Free-soiler, it then being the custom to have the clerk call the House to order and preside until a temporary organization was perfected. The Democrats refused to recognize the clerk whom the opposition recognized. The Democrats declared by vote the election of a temporary chairman, nominated and elected a sergeant-at-arms and a deputy, and ordered the two latter officers to carry the clerk out of the hall; which was promptly done at the expense of a good suit of clothes to the clerk who departed reluctantly. This was my first experience in legislation.
A careful reading of the annals of the State of Illinois will show that this incident is by no means unique in its history.
To go back a few years, when Edward Coles, who had been private secretary to President Madison, was elected Governor, it was by a mere plurality vote over his highest competitor, and—to use the language of former Governor Ford—he was so unfortunate as to have a majority of the Legislature against him during his whole term of service. The election had taken place soon after the settlement of the Missouri question. The Illinois Senators had voted for the admission of Missouri as a Slave State, while her only Representative in the Lower House voted against it. This all helped to keep alive some questions for or against the introduction of slavery.
About this time, also, a tide of immigrants was pouring into Missouri through Illinois, from Virginia and Kentucky. In the Fall of the year, every great road was crowded with them, all bound for Missouri, with their money and long trains of teams and negroes. These were the most wealthy and best educated immigrants from the Slave States. Many people who had land and farms to sell, looked upon the good fortune of Missouri with envy; whilst the lordly immigrant, as he passed along with his money and droves of negroes, took a malicious pleasure in increasing it by pretending to regret the short-sighted policy of Illinois, which excluded him from settlement, and from purchasing and holding lands.
In this mode a desire to make Illinois a Slave State became quite prevalent. Many persons had voted for Brown or Phillips with this view, whilst the friends of a Free State had rallied almost in a body for Coles.
Notwithstanding the defeat of the Democrats at this election, they were not annihilated. They had been beaten for Governor only by a division in their own ranks, whilst they had elected a large majority of each House of the Assembly, and were determined to make a vigorous effort to carry their measure at the session of the Legislature to be held in 1822-23. Governor Coles, in his first message, recommended the emancipation of the French slaves. This served as the spark to kindle into activity all the elements in favor of slavery.
Slavery could not be introduced, nor was it believed that the French slaves could be emancipated, without an amendment to the Constitution; the Constitution could not be amended without a new convention, to obtain which two thirds of each branch of the Legislature had to concur in recommending it to the people; and the voters, at the next election, had to sanction it by a majority of all the votes given for members of the Legislature.
When the Legislature assembled, it was found that the Senate contained the requisite two-thirds majority; but in the House of Representatives, by deciding a contested election in favor of one of the candidates, the Slave party would have one more than two- thirds, while by deciding in favor of the other, they would lack one vote of having the majority. These two candidates were John Shaw and Nicholas Hanson, who claimed to represent the County of Pike, which then included all the military tract and all the country north of the Illinois River to the northern limits of the State.
The leaders of the Slave party were anxious to re-elect Jesse B. Thomas to the United States Senate. Hanson would vote for him, but Shaw would not; Shaw would vote for the convention, but Hanson would not. The party had use for both of them, and they determined to use them both, one after the other. For this purpose, they first decided in favor of Hanson, admitted him to a seat, and with his vote elected their United States Senator; and then, toward the close of the session, with mere brute force, and in the most barefaced manner, they reconsidered their former vote, turned Hanson out of his seat, and decided in favor of Shaw, and with his vote carried their resolution for a convention.
There immediately resulted a very fierce contest before the people, characterized by lavish detraction and personal abuse—one of the most bitter, prolonged, and memorable in the history of the State —and the question of making Illinois permanently a Slave State was put to rest by a majority of about two thousand votes. The census of 1850 was the first that enumerated no slaves in our State.
In this connection I cannot avoid giving a little account of Frederick Adolphus Hubbard, who was Lieutenant-Governor when Coles was Governor. Hubbard seemed to be a very ignorant man, but ambitious to become Governor of the State, or to attain some other position that would give him reputation.
"It is related of him that while engaged in the trial of a lawsuit, involving the title to a certain mill owned by Joseph Duncan [who afterwards became Governor], the opposing counsel, David J. Baker, then recently from New England, had quoted from Johnson's New York reports a case strongly against Hubbard's side. Reading reports of the decisions of courts before juries was a new thing in those days; and Hubbard, to evade the force of the authority as a precedent, coolly informed the jury that Johnson was a Yankee clock-peddler, who had been perambulating up and down the country gathering up rumors and floating stories against the people of the West, and had them published in a book under the name of 'Johnson's Reports.' He indignantly repudiated the book as authority in Illinois, and clinched the argument by adding: 'Gentlemen of the jury, I am sure you will not believe anything that comes from that source; and besides that, what did Johnson know about Duncan's mill anyhow?'"( 1)
Hubbard, in 1826, became a candidate for Governor of Illinois. He canvassed the State, and the following is a sample of his speeches, recorded by Ford:
"Fellow-citizens, I offer myself as a candidate before you for the office of Governor. I do not pretend to be a man of extraordinary talents, nor do I claim to be equal to Julius Caesar or Napoleon Bonaparte, nor yet to be as great a man as my opponent, Governor Edwards. Nevertheless I think I can govern you pretty well. I do not think it will require a very extraordinary smart man to govern you; for to tell you the truth, fellow-citizens, I do not believe you will be very hard to govern, nohow."( 2)
In 1825, Governor Coles notified Lieutenant-Governor Hubbard that he had occasion to leave the State for a time and required the latter to take charge of affairs. Hubbard did so, and when Governor Coles returned Hubbard declined to give up the office, asserting that the Governor had vacated it. He based his contention upon that clause of the Constitution that provided that the Lieutenant- Governor should exercise all the power and authority appertaining to the office of Governor, in case of the latter's absence from the State, until the time provided by the Constitution for the election of Governor should arrive. He claimed that the Governor had vacated the office until the time of the election of a new Governor, and declined to surrender. The result was, the Governor had to get a decision of the Supreme Court, which was to the effect that there was no ground on which to award the writ. Coles was obliged to submit, but not until he had appealed to the Legislature, where his contention was equally unsuccessful.
At one time, after repeated and annoying application, Hubbard obtained from Governor Edwards what he had reason to believe was a recommendation for a certain office. He became a little suspicious that the letter was not very strong in his behalf, and in speaking of it afterwards, in his lisping manner, said: "Contrary to the uthage amongst gentlemen, he thealed it up; and contrary to the uthage amongst gentlemen, I broke it open; and what do you think I found? Instead of recommending me, the old rathcal abuthed me like a pickpocket."
( 1) Moses, page 334.
( 2) Ford, page 61.