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CHAPTER XXVIII.

1824-6-MISCELLANEOUS MATTERS.

Legislation-Re-organization of the Judiciary-Chief Justice Wilson-Hubbard as Governor ad interim-Population of 1825— Visit of LaFayette.

The convention struggle over, other affairs claim our attention. And first as to the legislature, which was anti-convention in its political sentiments. The members chosen simultaneously with the defeat of the convention call, constituted in a sense the first ever elected in Illinois upon other than personal considerations. Permanent party principles and organizations had been, as yet, foreign to the virgin soil of Illinois. To laud one and defame the other candidate was, up to that time, the only recognized mode of conducting a political canvass, and the campaigns were usually short. Governor Coles, in his message, congratulated the people upon the result over the slavery question, and again recommended the abolition of the remnant of African slavery still existing, as an anomaly in this free State. But the legislature, notwithstanding its anti-convention majority, was not abolition, and it paid little heed to his recommendation. Two United States senators, four supreme judges, and five circuit judges, besides a crowd of other officials, were to be elected at this session; but the majority proved itself of quite a forgiving disposition toward its recent bitter opponents, and the convention question was not made a test in the choice of the numerous officers during the ses sion. John McLean, a leading pro-convention orator, was elected United States senator over Governor Edwards, who was not closely identified with the angry contest, being absent in Washington. It was at this time that he became involved in his unfortunate quarrel with Mr. Crawford, secretary of the treasury, which caused him to give up the Mexican mission to which he had been appointed. One week later, Elias Kent Kane was also elected to the United States senate. He defeated for the position such prominent anti-convention men as Governor Coles and Samuel D. Lockwood. Kane was perhaps the ablest writer that the convention party had during the contest, although a northern man by birth and education. Two leading pro-convention men were thus honored by an anti-convention legislature with the two highest offices in their gift.

By the constitution, the terms of office of supreme judges were to expire with the close of the year 1824. The legislature re-organized the judiciary by creating both circuit and supreme courts. The State was divided into five judicial circuits, providing two terms of court annually in each county. The salaries of the cir

cuit judges were fixed at $600. The following circuit judges were chosen: John Y. Sawyer, Samuel McRoberts, Richard M. Young, James Hall and John O. Wattles, named in the order of their respective circuits. The supreme court was relieved of circuit duties and made a court of appellate jurisdiction. It was to be held twice a year at the seat of government, and as before, composed of four judges, but now commissioned during good behavior. Their salaries were cut down from $1000 to $800. December 30, 1824, the two houses met in joint session to elect one chief justice and three associate justices. On the first ballot, William Wilson received 35 votes, Thomas Reynolds, chief justice up to that time, 19. Wilson having received a majority of the whole number of votes cast, was duly declared chief justice of the State of Illinois.

For associate justices there were six candidates: Thomas C. Brown, Samuel D. Lockwood, Theophilus W. Smith, David Blackwell, Thomas Reynolds and John Reynolds. In the course of five ballotings, the first three named were chosen. James Turney was elected attorney-general. The two Reynolds, Thomas aud John, uncle and nephew, who were rejected, had been on the supreme bench up to that time, and the former had been a conspicuous convention man.

William Wilson, at the time of his elevation to the high and honorable position of chief justice of Illinois, was but 29 years old, and had been already five years on the supreme bench as associate justice. He was born in Loudon county, Virginia, in 1795 When quite young his father died, leaving his widow with two sons and an embarrassed estate. At an early age, his mother obtained for him a situation in a store. But the young man discovered no aptitude for the business of merchandizing, and young as he was, developed an unusual greed for books, reading every one attainable, to the almost total neglect of his duties in the store. At the age of 18 he was placed in a law office under the tuition of the Hon. John Cook, who ranked high as a lawyer at the bar of Virginia, and who also served his country with honor and distinction abroad as minister to the court of France. In 1817, young Wilson came to Illinois to look for a home, and such was his personal bearing and prepossessing appearance, that one year later, at the inauguration of the State government, his name was brought before the legislature for associate supreme judge, and he came within 6 votes of an election. Within a year, as we have seen, he was chosen in the place of Foster. For five years he served the people so acceptably upon the bench as to be at this time chosen to the first position by a large majority over the former chief justice, Reynolds. This was the more a mark of approbation, because Judge Wilson was totally devoid of, and never in his life could wield, any of the arts of the politician or party schemer. As regards political intrigue, he was as innocent as a child. He was singularly pure in all his convictions of duty, and in his long public career of nearly 30 years as a supreme judge of Illinois, he commanded the full respect, confidence and esteem of the people for the probity of his official acts and his upright conduct as a citizen and a man. His education was such as he had acquired by diligent reading and self culture. As a writer his diction was pure, clear and elegant, as may be seen

by reference to his published opinions in the supreme court reports. With a mind of rare analytical power, his judgment as a lawyer was discriminating and sound, and upon the bench his learning and impartiality commanded respect, while his own dignified deportment inspired decorum in others. By the members of the bar he was greatly esteemed; no new beginner was ever without the protection of almost a fatherly hand in his court, against the arts and powers of an older opponent. In politics, upon the form ation of the Whig and Democratic parties, he associated himself with the former. He was an amiable and accomplished gentleman in private life, with manners most engaging and friendships strong. His hospitality was of the old Virginia style. Seldom did a sunmer season pass at his pleasant country seat, about two miles from Carmi, on the banks of the Little Wabash, that troops of friends, relatives and distinguished official visitors did not sojourn with him. His official career was terminated with the going into effect of the new constitution, December 4, 1848, when he retired to private life. He died at his home, in the ripeness of age and the consciousness of a life well spent, April 29, 1857, in his 63d year.

The legislature of 1824 was an important and able body. Throughout its session, harmony and cordiality obtained among the members. The men who were promoted or elevated to office, and charged with important responsibilities, were generally well known to the people for their character, merit and ability, and failed not to give satisfaction. Seventy thousand dollars of the State bank currency were committed to the flames in the presence of the governor, supreme judges and directors of the principal bank, according to the requirements of the law.

In the summer of 1825, immigration revived considerably. A great tide set in toward the central parts of the State. Through Vandalia alone, 250 wagons were counted in three weeks time, all going northward. Destined for Sangamon county alone, 80 wagons and 400 people were counted in two weeks time. Sangamon county was, at that time, without doubt the most populous county in the State. All the northern counties were most disproproportionately represented in the general assembly. While such counties as Randolph and White had each a senator and three representatives, Sangamon had one representative and one senator only.

It happened at this time, that Governor Coles was temporarily absent on a visit to Virginia, and Lieutenant-governor Hubbard was the acting governer. His Excellency ad interim, struck with the injustice of this unequal representation, issued his proclamation for an extra session of the legislature, to convene at the seat of gov ernment on the first Monday in January, 1826, for the purpose of apportioning the State, and for business generally. He was not loth to claim power. Governor Coles returned on the last day of October and resumed his office, but the acting governor was not inclined to yeild it up, claiming he had superseded the former and to be governor de jure under section 18, article III of the constitution, which read:

"In case of an impeachment of the governor, his removal from office, death, refusal to qualify, resignation or absence from the State, the lieutenant-governor shall exercise all the power and authority apper

taining to the office of governor, until the time pointed out by the constitution for the election of a governor, shall arrive, unless the general assembly shall otherwise provide by law for the election of a governor to fill such vacancy.”

After the arrival of Coles, Hubbard, as a test, issued a commission to W. L. D. Ewing as paymaster general of the State militia, which was presented to the secretary of State, George Forquer, for his signature, who refused to sign and affix the official seal thereto. In December following, the supreme court being in session, Ewing applied for a rule on the secretary to show cause why a mandamus should not be awarded requiring him to countersign and affix the seal of the State to his commission issued and signed by Adolphus Frederick Hubbard, governor of Illinois. The rule being granted, the secretary answered, stating the facts, whereby the whole question was brought before the court and argued at length with much ability by talented counsel for both sides. The judges, after much deliberation, delivered separate opinions of great learning and research, but all agreed in the judgment pronounced, that the rule must be discharged. Hubbard was still irrepressible, and next memorialized the legislature in reference to his grievance. But the senate decided that the subject was a judicial one, inexpedient to legislate upon, and the house laid his memorial upon the table.

The census of 1825 returned a population of 72,817, being considerably less than the sanguine expectations of many led them to hope for. The State was duly apportioned anew at the special session in January, 1826, with referense to the distribution of population. The question was also mooted at this session of repealing the circuit court system, not that the court did not subserve a great public need, but that politicians in their disappointment in obtaining office the winter preceding, sought to redress their grievances first by depriving the circuit judges altogether of office, and next by loading the supreme judges with additional labor by remanding them to circuit duty. The latter, being life members, could not be otherwise reached as objects of their vengeance, wherefore they were charged with having too easy a life as a court of appeals for a State so embarrassed as Illinois. The house, however, struck out of the bill to repeal all after the enacting clause and as a piece of pleasantry, inserted a section to repeal the wolf-scalp law, in which the senate did not concur.*

"THE NATION'S GUEST."

Visit of the Marquis de La Fayette to Illinois.-A pleasant episode in the spring of 1825, to vary the monotony of western life, and per adventure the pages of this book, was the visit to Illinois of General LaFayette, our able and opportune ally in the war of the Revolution, and now after the lapse of near a half century the honored guest of the nation. Having learned of his arrival in America, the general assembly of this State, early in its session of 1824-5, adopted an eloquent address of welcome to him, couched in terms of glowing admiration for his patriotic services, and

*In March succeed ing, within 5 miles of where the legislature had sat, a five year old child of Daniel Hufman, which had wandered from home into the woods a mile or 80, was attacked and killed by a wolf The animal was seen leaving its mangled and partly consumed body by the neighbors in search of it on the following day.

earnestly inviting him to extend his western visit to Illinois. On the 9th of December the address, with an affectionately written letter from Gov. Coles, who had formed his personal acquaintance in France in 1817, were transmitted to Gen. LaFayette. Under date of Washington, Jan. 16, 1825, he expressed his gratification for the honor done him by Illinois, adding: "It has ever been my eager desire, and it is now my earnest intention, to visit the western States and particularly the State of Illinois. The feelings which your distant welcome could not fail to excite, have increased that patriotic eagerness to admire on that blessed spot, the happy and rapid results of republican institutions, public and domestic virtues. I shall, after the celebration of the 22d of February anniversary day, leave this place for a journey to the southern, and from New Orleans to the western states, so as to return to Boston on the 14th of June, when the corner stone of the Bunker's Hill monument is to be laid; a ceremony sacred to the whole Union, and in which I have been engaged to act a peculiar and honorable part."

On the 28th of April, 1825, the steamboat Nachez, with General LaFayette and suit on board, anchored below St. Louis at the old French village of Carondolet. On the following morning gov. ernors Clark of Missouri, and Coles of Illinois, Col. Benton, and others, repaired thither to escort the distinguished visitor up to the city. During the forenoon the boat with the entire party steamed up to St. Louis, where, upon the wharf, an immense concourse of people had assembled to greet and honor the patriot hero. He landed amidst the booming of cannon and the animated cheers of the vast multitude. He was accompanied by his son, named George Washington LaFayette, and his secretary, Col. LeVassear; by a deputation from Louisiana consisting of Col. Morse, aid to the governor, Mr. LeClair, his private secretary, and Mr. Prier, recorder of New Orleans, and Col. Ducros; by Col. Scott from the State of Mississippi, and by Maj. Gen. Gibbs, Maj. Rutledge, Mr. Bolch and Mr. Stewart, of Tenn. Addresses of welcome and responses were made, when the entire concourse moved to the elegant mansion of Pierre Choteau, where a reception was held. Supper was had, followed by a number of toasts and appropriate speeches, and in the evening a splendid ball at Massie's hotel, attended by General LaFayette, his suit, and all the dignitaries.

In person LaFayette was about six feet tall, inclining to corpulency, and a florid complexion. He limped upon his left leg, the result of a wound. He spoke the English language fluently and had a ready command of appropriate expression.

On Saturday, April 30, 1825, Gen. LaFayette and suit, attended by a large delegation of prominent citizens of Missouri, made a visit by the steamer Natchez to the ancient town of Kaskaskia. No military parade was attempted, but a great multitude of patriotic citizens bade him welcome. A reception was held at the elegant residence of Mr. Edgar. Gov. Coles, on behalf of the people of Illinois, delivered a glowing address of welcome to the illustrious guest, to which LaFayette replied in a most feeling and happy vein, expressive of his exquisite gratification for the honor done him upon that occasion.

After this a general introduction of the citizens and hand-shaking followed, when a most touching scene was presented. A few old

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