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.

Fifty Years of Public Service Personal Recollections of Shelby M. Cullom, Senior United States Senator from Illinois · 第 2 / 34 章