- C\*- M E M O T 1 5 l» T1IK 1 VTK HON. DANIEL P. COOK: READ mt ■ mUfomrit JUNE 9, 18 57, B y AVILLIAM H. BR O W N, E i RK IDEXT OF SUD SOCIETy. PUBLISHED DY VOTE OF THE SOCIETY. CHICAGO: I ITS, BROSS k SPEARS, BOOK AND JOB PRINTERS, IMILT PRF.K? OFFICBt 45 CLARK STRF.KT. ' v * >c v5V^ ^^^ i ■ m X* i m i : M o i i: HI Till. I U IX. DANIEL \\ COOK: IUJAH DEFOKK TI1K !u: tcitfu, J U X E 9, L857, By WILLIAM IT. BROWN, Esq., PREglDI M Or MID mp, ii M I' I Ii I.I S II I. It F T II I. 801 i i. n CHICAGO : 4 SCRIPP8, BROSfi 5PEAB8, BOOK AND JOB PRINTERS, ', .". U.AKK BTB ; M E M < > I R OP TIIK LATE 1I0X. DA MEL P. COOK. T<> tJu M< mix V8 of t},, i 'hioago Historical Socu />/ : At your request, I have prepared a brief memoir of the late linn. Daniel Pi Cook, our second representative in Congress from this State, and in honor of whom, the County of Cook was appropriately named. I have undertaken the task the more readily, because I deem it desirable and important t<> preserve our early statistics, and some facte history in connection with this gentleman — ami because I take pleasure in perpetuating the memory of one of my first and constant friends, and vindicating his character from some of the aspersions casi upon it in times of high political excitement. Though confessedly a Labor of friendship, it is believed that no partial coloring has impaired tin- truthful- ness <>\' the picture — and certainly no attempt is made t<» underrate the character or talents of Mi'. ( Iqok's competitors t<> enhance his merits or exalt hi- virtues. An interval of thirty years i- a potent anodyne. It gives time I'm- many "second sober thoughts," and clears tin' vision of prejudice ami passion. It obliterates the rough and angular points of character, and brings out tin- milder virtues of your adversary. ( iradually and imperceptibly his failings ami foibles are forgotten, and memory dwells only <>n what was Lovely and of "g 1 report." MEMOIR OF THE LATE Mr. Cook was born of very respectable parentage, in the County of Scott, in the State of Kentucky, about the year 1704. 'In his early youth, he enjoyed only such means of education as were afforded by the common schools of his native State. If he studied the classics at all, it must have been in the later years of his life, and after he had entered upon its arduous duties. It is, however, certain he pursued no collegiate course. When quite young he was placed by his parents in a mercantile establishment, but continued therein but a short time. This sphere was too limited for his high aspirations ; and leaving trade and commerce to minds less ardent than his own, he commenced the study of the law with the late Hon. John Pope, of Kentucky, then in the zenith of his fame, and engaged in a large and lucrative practice. Mr. Cook came to the Territory of Illinois in the latter part of the year 1815, and established himself in business at Kaskaskia, the seat of the Territorial Government, and the only considerable town in the country, embracing a population of from seven hundred to one thousand inhab- itants, two-thirds of whom were native French. He entered successfully into the practice of the law, attending the courts in all the then organized counties^ (except those upon the Wabash) and in the lower counties in the Territory of Missouri. The business of the courts at this period was comparatively small, owing to the few inhabitants in the Territory, and the limited business transacted by them. It is probable that few, if any, of the profession, at that day, supported themselves exclusively by their practice. Many were engaged in agricultural pursuits ; and others occupied a portion of their time in land speculations. * These Counties were Bond, Madison, St. Clair, Monroe, Randolph, Jackson, Franklin, Union, Johnson, Pope, Gallatin, White, Edwards, Crawford and Washington. I [ION. DANIEL P. COOK, Iii tin- early pari of the year L816, Mr. Oook became ■ joint owner in the office of the Illinois Intelligencer^ the only newspaper and printing office in the Territory, and assumed the duties of an Editor. [Jntbrtnnately, the files of tin- paper of thai period were not preserved; and no opportunity is now afforded to form an opinion of the man- ner in which those duties were discharged —but from the known talents and industry of Mr. C. it may be Bafely assumed that while under his management, the paper took a bigh rank amongst its cotemporaries, and exerted a healthy influence in the community. With the printing of the Laws and Journals of the Territorial Legislatures, and blanks for the public offices, at prices which would now astonish a practical printer, it is certain the business was Lucrative and yielded a competent support to its conductors. It appears by the record of appointments, thai Governor Edwabds conferred npon Mr. C. the office of A.uditor of Public Accounts, in the month of January of that year. If the office was accepted by him, he could have continued in it but for a Bhort time. Late in this vear, or early in 1817, President Monroe selected Mr. 0. as hearer of dispatches to the late John Qutn< v A.DAM6, then Minister at the English Court, to recall that gentleman, preparatory to his assuming the office of Secretary of State, to which office he had been appointed upon the formation of Mr. Monroe's cabinet. Mr. ('. per- formed that duty, and in due time returned and resumed his practice and other duties. Shortly alter his return, Mr. CoOK was appointed a Cir- cuit Judge. Hi- district embraced the counties of Bond, Madison, St. Clair, Randolph and Monroe, containing a la rue territory of nearly one-third of the present Limits of the State. Jle retained this office bul a short time, and could have held hut one or two termsofhis courts. He acquired, however.au enviable reputation as a Judge, evincing talent, energy and promptness — and was as popular as a judicial officer, as when pursuing his profession at the Bar. Upon the organization of the State government, in December, 1818, Mr. C. was elected by the Legislature Attorney General for the new State, which office he held until October in the following year. The State of Illinois was virtually admitted into the Union in October, 1818, but by a provision in the Constitution, an election for State officers, and for a representative in Con- gress, was to be held on the third Thursday of September of that year, for the short session, expiring March 3, 1819. Mr. Cook became a candidate, and was opposed by the late Hon. John McLean, then a resident of Shawneetown. It is hardly necessary to say, that during the administration of Mr. Monkoe, there was a remarkable political calm through- out the entire country. The great questions, which before had been eagerly and acrimoniously discussed by the people, and had divided the nation into the two great political par- ties of Democrats and Federalists, had either been decided, or by general consent postponed to an indefinite future. The course pursued by Mr. Monroe gave universal satisfac- tion, and the people enjoyed, for six or eight years, a politi- cal millenium. That quietude and peace, in common with others, was enjoyed by our early settlers. It is not, how- ever, to be forgotten, that early in the territorial history, as well as in the first six years after Illinois became a State, the disturbing question of slavery formed an important element in the politics of that period. There was a strong party in favor of introducing slavery at the election of dele- gates to the convention which formed the Constitution — but it is as well known that the principles of liberty pre- vailed, and the whole question was set at rest by the decisive vote of 1824, when this subject was brought directly before the people. Another element of division in our politics was personal & Is HON. I> \ .n 1 l l. r. K. preferences, <>r the existence of panic- for the advancement of particular individuals or their friends. Thus there were the Edwabds party and the Bond party, the respective adherents of either, warmly contending and at niggling for office and supremacy. Tlie leaders of these parties w< (i<>\. Edwards, Judge Nathaniel Pops and Mr. Cook, professed anti-slavery men (though the two first were slave- holders) "M the one side, and ( ;<>v. Bond, Elias Ki m K lne, Iris Secretary of State, and John McLean on the other. The former, of course, supported Sir. Ocok, while the Latter naturally fell into Mr. M< Lean's rank-. This gentleman was a Kciituckian by birth, and a Leading member of the Bar, in the south-eastern part of the Stale. Possessed of fine talents, and an unblemished character, he was at that time, and continued t<» be until the day of hi- death, one of the nic-t popular men in the State, lie was subsequently speaker of "in- Eonse of Representatives, and in \^-<'<. was elected a Senator in Congress. He died at an early age, possessing, in a rare degree, tin- confidence and esteem of all who enjoyed his personal acquaintance. The election thus held in September, seems not t<> have excited genera] interest. The State ticket was a compro- mise "tic- composed of Col. Bond, for Governor, from the one Bide, and Col. Pdzbbe Mi:.\ led, an excellent ami worthy French citizen, from the other. The contest was mainly for Congress, and Mr. McLean succeeded by only fourteen majority. A: the special election in the summer of L819, the same gentlemen were candidates for Congress, and great exer- tions were made by the candidates themselves, and their respective friends. No election, before or smce, caused more feeling and effort. The exciting Missouri question, had. at the previous session, been brought into the halls of < gress, and upon preliminary votes, Mr. McLean had favored the pro-slavery party, and indicated his de-ire that MEMOIK OF THE LATE the State should be admitted without the proposed restric- tion. In addition to this, he had been so unfortunate in some of his addresses before the people, as to offend some of the more recent immigrants from the Eastern States, and as a general thing, lost their votes. Mr. Cook was elected by a fair majority. As in former contests, the old question of slavery was prominent. The anti-slavery party rallied around Mr. Cook's standard and insured his success. In 1820 the contest was renewed. Mr. McLean, satisfied with the efforts of the previous year, and unwilling to risk another defeat, declined to be a candidate. The Hon. E. K. Kane was brought out as Mr. Cook's competitor. The question of the admission of the State of Missouri as a slave State was still more directly before the people. The old pro-slavery party, represented by Mr. Kane, were against imposing any restriction upon the proposed new State — while the other party were, to some extent, divided. Many, who theretofore had acted, in our local struggles as anti-slavery men, were disposed to leave the question to the decision of those most immediately interested — others, and perhaps the larger portion, looked upon the admission of another slave State as a great evil to be resisted at all hazards. Both candidates, however, were understood to be in favor of the admission of this State with a constitu- tion admitting slavery, Mr. Kane from choice, and Mr. Cook from policy. The contest, therefore, in 1820, was mostly a personal one, depending mainly upon the popu- larity of the candidates. Mr. Kane was badly defeated, obtaining a majority in only one county in the State. Mr, Cook's majority was two thousand four hundred and eighty two in a vote of less than eight thousand, or nearly two to one in his favor. On his first entrance into Congress, Mr. C. was placed upon the committee on public lands, the most important to the people he represented. At this period, and before, the M -w& government lands were in market at two dollars per acre, one-fourth in cash, and the residue upon a credil of five years. The comparatively prosperous yean immediately before the formation of the State Government, had induced the wildesl speculations in the public lands. Every man who could command the sura of $80.00 (the cash paymenl upon L60 acre-, then the smallesl subdivision), became a quasi land holder, and a debtor to the government. The financial revulsion throughout the country, Boon after the close of the war of 1812, reached the west in L819. Men who bad supposed themselves pi bs< seed of large wealth, suddenly discovered their error. They bad, it is true, an equitable claim to many quarter sections of land, but the claim was valueless, and the land unsaleable ; and in addi- tion to this embarrassment, they were largely indebted to the government for the sums remaining unpaid upon their purchases. It may be Bafely stated, that, from this cause, at leasl one-half of those who had been considered tin- men of capital in the country, were reduced from supposed wealth to positive bankruptcy. To relieve the country from this Load of deht, Mr. Cook warmly advocated plan- of relief, which resulted in a gen- era) law abolishing the credit system, and reducing the price of land to $1.25 per acre.* Former purchasers were permitted to consolidate their entries and relinquish the surplus quarter sections to the government. By the opera- tion of this law, individuals secured, in fee >imple, the Dumber of acres of land they bad actually paid tor. at the rate of $2 per acre, and were released from their liabilities for further payments. Mr. ( ' ^ introduced and advocated, at the session of L820 21, a resolution giving preemption •At ;i subsequent election, Mr Cook, a considerable land owner, under the ti per acre law, was chftrged with Opposition t>> the Den law. The writer lias abondanl evidence in 1. the fhlsitj of this ohai "J ^ 30' 10 MEMOIR OF THE LATE rights to settlers on the public lands. It was the first effort made in this direction, and tailed of success. It was, how- ever, the germ of the policy thereafter adopted, and from which our citizens have derived great and incalculable advantages. Mr. Cook voted in Congress against the admission of Missouri. As he had given the people to understand, during the canvass, that he would favor that measure, his vote excited surprise, and called forth from his opponents unmerited abuse and bitter denunciations. Bribery and corruption, the violation of pledges, deception and double dealing, were rung upon all their various changes, and for the time being, Mr. C. apparently lost his hold upon the confidence and affections of the people. His reasons for his change of mind were given in his speech in Congress when the bill was before that body, and, inasmuch as this one of Mr. Cook's acts, which has been loudly denounced, it is proper he should be heard in his defense, and in his own words. The following extracts, it is thought, will place this subject in a proper light, and enable the reader to form an opinion as to the propriety of the course he saw fit to adopt. * "When," said Mr. C, "he first arrived at Washington, he, for the first time, met the objection which was now urged against the constitution of Missouri; and, perhaps, under the influence of a strong anxiety for her admission, had examined the question, as he thought, thor- oughly, and for a considerable time saw no reason to change his determination. Under the conviction produced by that examination, he had, as he hoped he always should do, fearlessly expressed his opinion in favor of her admission. He even now, notwithstanding his opinion was changed, freely declared that all his predilections were in favor of such a vote. Missouri, he said, was the near adjoining neighbor of Illinois, and notwithstanding an unhappy dif- ference of opinion upon political subjects had created between their respective citizens, a rancor and animosity, T^ 1 HON. DAN IEJ P. « " make. "The Constitution of the United State-, said ln\ gives to 'Congress the power to disposi of, and make all needful rules and regulations respecting the territory and other property of the Tinted States." This, Baid Mr. ('., is a genera] power; and in its exercise, he apprehended that Congress had a right to dispose of that territory to whomso- ever they pleased. He said it had been admitted by gentle- men <>n Imth sides of the question, that free negroes and mulattoes were competent to hold real estate; and that they did hold it in almost, it' not quite, every State in the Union. They are, therefore, competent, he observed, upon the admission of all parties, to purchase Buch estate from the Tinted State-. But the Constituti >f Missouri declares, 'that it -hall be the duty of the Legislature, a> soon aa may be, to pass such laws as may be necessary to prevent free negroes and mulattoes from coming to and settling in that State, under any pretense whatsoever; 5 a provision, said he, which, notwithstanding their competency to purchase, and the indisputable power of ( Congress to sell to them, clearly asserts a controlfing power over the rights of these indi- viduals, and the paramount authority of Congress. ' :: ' * Mr. C. >aid there was another view of that clause of the Missouri Constitution, under which it Beemed -till more obviously in violation of the Federal Constitution. Congress, be said, by virtue of the general power which it possessed to dispose of the territory of the United State-, for the purpose of obtaining the military services of persons, as well of tliis as every other description, had offered them a land bounty, to many of whom, and embracing free negroes and mulattoes, patents had already been issued for lands in Missouri. lie said persons of this description, to his own knowledge, had purchased land in Illinois, and he had no doubt such was the case in Missouri. Whether they had or not, however, did not vary the case — the principle was the same. In the soldier, as well as the purchaser, therefore, he begged leave to say, the Government of the United States vested a fee simple estate in those lands. This title he considered to consist of the possession, the right of possession and the right of property — and he thought, when he asserted that the Government had guaranteed all these features of the right which it vested both in the soldier and the purchaser, that no honorable member would hazard a denial of that assertion. Under this guaranty, he contended the United States incompetent, unless for public purposes, and then only by paying a fair equivalent therefor, to deprive them of this property. And yet Missouri, through a subordinate Legislature, if her Constitution be allowed t< > operate, does virtually take it away without paying any equivalent whatever; for if a person be not allowed to enjoy the possession of his property, he is virtually deprived of it. " But the United States are bound, both to the soldier and purchaser, to protect him in the enjoyment of his property. It constitutes, by every principle of law and reason, a part of the original contract. The Government, for this obliga- tion, has received a full consideration, and yet Missouri, in direct violation of that provision of the Federal Constitution which forbids any State to pass any 'ex post facto law, or law impairing the obligation of contracts,' has virtually pro- vided that those contracts which have been completed by the issuing of patents, shall, by the ex jiost facto operation of her Constitution, be annulled, and the force of the contract wholly impaired ; and, by its prospective operation, as virtually impairs the obligation of those contracts which are as yet executory for the want of patents. ->:- -x- * a jy[ Y q repeated that his feelings were in favor of the admission of Missouri — that both personal and political reasons combined to render it a desirable event — and were it consistent with his sense of the duty which he W a f the tide, will finally run over « very principle of the Constitution, and we shall ultimately find ourselves floating at large upon the open sea of uncer- tainty, without a Bingle landmark to guide ns." In the summer of l^iM. Mr. Cook was united in marriage with Miss Julia Edwards, the eldest daughter of the late Governor Edwards, a young lady of great personal charms and finished education — and in all respects fitted to be the companion <>f a statesman who bid so fair to attain high and commanding positions in the councils of the nation. Mrs. Coos survived her husband about three years, and died at Bellville in the year L830. At the general election of L822, Mr. McLean again run as a candidate for Congress, against Mr. Cook. His hopes of Buccess were, doubtless, predicated upon the " noise and confusion " consequent upon Mr. ( Vs vote upon the Missouri question. So great was the clamor of interested partisans, that, at the commencement of the canvass, the chances of the respective candidate- appeared to be nearly equal. In its progress, Mr. ('. satisfied the people of at Least the honesty of his intention in giving this vote, it" not the pro- priety of the vote itself. His constituents triumphantly sustained him, giving him forty-seven hundred and sixty- four votes, and Mr. McLban thirty-eight hundred and eleven— a majority of nine hundred and fifty-three. The project of a canal, to unite the Illinois River with Lake Michigan, was started soon after the organization of MEMOIR OF THE LATE the State Government. The Legislature of 1820-21 took initiatory steps in this matter, and it was brought before Congress by a report from the topographical corps, giving the results of a partial survey, and demonstrating its practi- cability. The canal project was a popular one in the eastern and western part of the State (there was no north at that period), and was opposed by representatives from the south- ern counties. Indeed, it found some opposition in the then great counties of Madison and St. Clair, growing out of sectional prejudices ; for a senator from one of those coun- ties, in the Legislature of 1S22-3, opposed it upon the ground that it would be an inlet for hordes of "blue-bellied Yankees," as he termed our eastern people.* The fears of that senator have been realized — and the results are the extensive commerce of our lakes, our rich and populous north, and our young and enterprising cities, teeming with life, activity, and business. In 1822 this subject was brought directly before Congress. Mr. Cook labored to secure such aid from the General Government as would enable the State to prosecute this important work, lie asked for bread, and received a stone. The utmost extension of Congressional liberality, was a grant of a strip of land ninety feet wide, through the public domain, from the Illinois river to the Lake ; and lest, by any means, the Congress of the United States, after such a munificent grant, should be further committed, a saving proviso was * To defeat or embarrass the canal bill, then before the Legislature, the Senator from St. Clair introduced a bill to drain certain lakes in the American bottom, alleged to be injurious to the health of the people in their localities. In committee of the whole, the friends of the canal were adroit enough to include in the bill, by the aid of southern senators, almost every inconsiderable pond in what would now be called southern Illinois. Having thus loaded it to its utmost capacity, an amendment was proposed, by a canal man, to appro- priate some thousand dollars to drain Lake Michigan, which also was incorpo- rated into the bill. This was a little more than bargained for by the senator, and he was compelled to aid in the destruction of his own bantling. [ON. DANIEL P. COOK, 1. added, ilia! ilif United States Bhould in no wise become liable for any expense incurred by tin- State in ,- Bun <-,\ ing or opening >ai 1827, Mr. Coos urged tlii— measure in ( 'ongress, a- a national work, in which other Stair- were as directly interested a- his own, ami afford- ing to Government, in time of war, great facilities in the movemenl <•!' troops ami transportation "t" Btor The resnlt of hi- labors was tin- passage of the act of 1^27 (the last Bession <>l' hi- congressional career), granting in foe simple, t" tin- state, ami without any reservation, tin- alter- nate five sections upon each side of tin- canal, amounting t«» more than three hundred thousand acres of Land, and em- bracing the site of the City of Chicago. This act was worthy of a ( longress representing a great nation, ami i- wonderfully in contrast with that of \^-2 % 2. But its greater ami more enduring value was the precedent for future grants, embra- cing that I'm- railroad purposes, the effect of which we now feel in the enhancement <>t* the value of property, the increase of business, ami tin- general prosperity of the State. Opon the passage of the canal hill, that great ami long desired improvement was considered as "a fixed tact." ami the northern part of the State soon began to he Bettled by an enterprising class of people. It was not commenced until L836, ami under many difficulties ami adverse circum- Btances was nol completed until L848. The proposed National Road, intended to have been built by Congress, from Washington through the several .-eat- of governments of the western States, excited great interest in the middle and eastern parts of the State. At this time, the road (a perfectly Macadamised one) hail been completed neatly to Wneeling, Va.. upon it- way to ( "01111111111-. < >. I- was a Bplendid undertaking on the part of the National Government, and, in the absence of railroads, would have been a very important ami desirable improvement. Mr. Cook urged appropriations to continue the surveys westward of Columbus, through Indiana and Illinois, to St. Louis. He succeeded to such an extent that the line of the road was located to Yandalia, in this State, the streams bridged, and the road partially graded. Before this great thoroughfare was fully completed, even as far west as the seat of government of Ohio, its use was suspended by the construction of railway lines, so much in advance of the best constructed carriage roads, that, by universal consent, the work was abandoned, and the portions finished and unfinished conveyed to the several States through which it run. Though never completed, enough work was done on that part of the road passing through this State, to render it useful to those residing in its vicinity, and to the public generally. Extensive and durable structures were thrown over all the streams it crossed, the low bottom lands raised to the proper grade, and the wet ground thrown up, so that a line of stages was put upon the road in 1837, and continued thereon to this day. At the general election in 1824, Mr. C. was again a candi- date tor reelection to Congress. His uniform success and his great popularity rendered him a formidable competitor. None of his political adversaries were very desirous to enter the lists against him. He had twice beaten Mr. McLean, one of the strongest men in the opposition, and almost dis- tanced the real leader of the Bond party, Mr. Kane. It was thought necessary, however, to preserve the integrity of the party, to bring out a candidate against him in the person of Gov. Bond, the ostensible head, who, two years before, had vacated the gubernatorial chair. This latter gentleman had spent the most of his life in the Territory and State, residing, until elected Governor, in the present County of Monroe. He was a man possessed of strong natural abili- ties, but little improved by education. He stood deservedly high in the community, and in his administration of the HOW. DAN] II. P. OOOH ■ 17 State Government, there was nothing particularly worthy of condemnation, unless thai in his appoint nts to office his political friends, b etimes not the mosl capable, were the genera] recipients of gubernatorial favors. Gov. Bond, though far behind Mr. McLean in talents and oratorical powers, had this advantage over him, in thai by a judicious bestowment of his patronage, lie had created man} political friends, who were botmd to do battle in his behalf, and expend their energies, influence and time in securing his election. It was apparently the la>t card that could be played against Mr. C, and like desperate gamesters, a dis- position was evinced to risk all upon the stake. A presi- dential election was also in progress, which might pass into the Hoii>e of Representatives, and vest the vote of the State in it> single representative. The Governor and his friend- took great interest in the success of Mr. Cbawpoed, then a candidate for the Presidency, who, though a member of Mi-. Moneoe's Cabinet, had given evident tokens of opposition to the administration, and had created ap active party of politicians, more intent, it was then believed, upon a division of the " loaves and fishes," than the promotion of thegreat interests of the country. Whoever Mr. C. might he/'"/', in the contingency the vote came into the House, it wa> certain he would vote against Mr. Orawpoed. Tims impelled bv persona] and political motives, the Governor and his friends entered warmly into the canvass, and labored zealously, hut without success. The vote for Mr. Cook was 7,4*;<>, while Gov. Bond received only 4,.'!74. It i- well known that the presidential contest of 1824 resulted in the failure of the people to unite a majority of votes upon either of the four presidential candidates* before them. The question was therefore determined in the House of Representatives, ami the vote of Illinois was given by Mr. ( 'ook to Mi-. A.DAMS. tW^L IS MEMOIK OF THE LATE It is natural for those disappointed in their political aspi- rations, either by their own defeat or that of their favorite candidate, and the consequent loss of power and office in expectancy, to give vent to their wounded feelings and crushed hopes. Mr. C. had reason to expect that so impor- tant a vote as he gave, upon this occasion, would not escape notice or animadversion. JSTor was he disappointed in this regard, for he was charged with betraying his constituents ; of violating his pledges given at a previous election ; and having basely sold his vote for office. It is, therefore, due to his memory, that this matter should be placed in a proper light, and facts substituted for reckless assertions — the more especially as, at a subsequent election, he was beaten for Congress, thus giving some color to the charges preferred against him. The Electoral College of this State, in December, 1824, gave two votes to Gen. Jackson, and one to Mr. Adams ;* and as Mr. C, when before the people, in the summer of that year, had promised to be governed by the expressed will of his constituents at the November election for Electors, it was claimed, that as Gen. Jackson had obtained two elec- toral votes, he was therefore entitled to the vote of the State in Congress. The fallacy of this assumption is a misunder standing or a misrepresentation of Mr. C.'s pledge. He was too wise a man to make such a promise as would trammel his action in any given state of the electoral vote ; for he well knew that though a large majority of the people might favor the pretensions of one candidate, yet, by the division of the electoral districts, a comparatively small minority might secure the election of two electors, who would give their votes in opposition to the will of that majority. What was the promise made by Mi-. C. in relation to his vote in Congress ? is the first question to be determined. It * The Presidential vote, in 1824, was given by districts, the State being divided into three. g^. — - — 0p HON. DANIEL r. COOK. is contained in an address to his constituents, dated Ma_\ 80th, 1 ^.M. and is in these words : " On the subjecl of the approaching election of a Chief Magistrate of this country, inasmuch as it has become fash- ionable* for members of Congress t" endeavor to diet ate to their constituents for whom t J u ■ \ • -hall vote, you probably may expect me to Bay something. Influenced by the principles which govern me as your representative, 1 do not consider it my duty to attempt such dictation. "1 on arc a> much interested as 1 can be in making a judicious choice. It is over your interests, as well as mine, that he is to preside. To each of you, therefore, as well as to me, it belongs to make a free and voluntary choice for yourselves. In voting in my individual capacity as a citizen, for an elector in the district in which I reside, 1 shall surely vote for him who will, in the Electoral College, Bupport the individual that I believe to be the best calculated properly and faithfully to administer the executive government. But should the electors chosen by the people fail to unite a majority of their suffrages on any individual, and thereby devolve the duty on the Souse of Representatives of choosing one for them. I shall feci it my duty to vote, as a Representative, in accordance with the clearly expressed sensi <>/ " majority of those whose will I shall he called upon to express. This is all I have to say on that subject." Mi-. Cook, then, was to lie governed by the "clearly expressed sense of a majority of those whose will" he was called upon to declare. Not, certainly, the vojU of tin >l><- tOTS, who were but three of the many thousands of his constituents. The next inquiry is, was the " & ns< of a majority" of his constituent- clearly expressed, or was it expressed at all ' At the election in August;, 1824, the aggregate vote for Congressman was 11,834; and the aggregate vote upon the convention question (for this was Bettled at tin- election), && (S? ft 20 MEMOIR OF THE LATE was 11,612.* The aggregate vote at the election in Novem- ber, for all the candidates for electors, was 4,707 — making a difference of 7,127 from the highest vote given in August, and showing that that number of voters had no will to express, or were so indifferent as to the success of the presidential candidates as to fail to express ij at all. But if we take the number of votes given in November, 1,707, as an expression of the will of the people, " a clearly expressed sense of a majority" would have required 2,354 votes to have been given to one of the candidates, to have brought him within the rule laid down by Mr. C. for his future action. Did any one of the candidates receive that number of votes ? ( )f the clear and undisputed votes given upon that occa- sion, Mr. Adams, through his electors, received 1,541 ; Gen. Jackson 1,273 ; Mr. Clay 1,046 ; and Mr. Crawford 218. There Avere also given at that election, for James Turkey, Esq., who rim in the first district, professedly for Clay and Jackson, 629 votes. If Mr. Turney, and those who voted for him, were sincere in their preference for either Clay or Jackson, in such a calculation as the present one, it would be but fair to divide these votes between those gentlemen, increasing Gen. Jackson's vote (giving him the odd one) to 1,588, and Mr. Clay's to 1,360 ; but giving Gen. Jackson all of Turney's vote, it would amount to but 1,901, leaving him in a minority of 453 votes. f But it was contended at the time, that Mr. Turney's can- didacy, though ostensibly for Jackson and Clay, was really for Mr. Crawford. It was well understood that Mr. Adams' strength was mainly in the first district, embracing Fayette County on the south, and Sangamon on the north, and that * The vote upon the convention question was, For — 4,912 ; Against — 6,640. f Gov. Rkynolds, in his Life and Times, p. 254, says Mr. Cook promised to " give the vote of the State for the presidential candidate who received from the people the most votes throughout the State." Comparing this dictum with Mr. Cook's address, shows that the Governor sometimes writes ad libitum. i 111) honest noting could prevent him from obtaining tbe electoral vote of that district. The friends of Mr. Clay and of Gen. Jagkbob had bronghl < >ut candidates for electors in the first district for each of these gentlemen Doct. Johh Todd, of Springfield, representing Mr, Clay, and Messrs. J. \V. Scott and Jon. Beery, cam I it late- for Gen. .1 \< k Mr. Tiumv was Dominated by a convention of politicians convened at Edwardsville, in October of that year, in which the principal Crawford men of the first districl figured. The following is a part of one of the resolutions adopted at that meeting, disclosing, to some extent, the object desired to be obtained: "And this meeting, reposing their full confidence in the well-known republican principles and character of JAMES Tu:m:y. Esq., the Attorney General <>f this State, earnestly recommend him to the democratic republican citizens of this district, as a suitable person t<> be supported at the ensuing election, as an elector, whom the friends of Hinky Clay and Anm.m.u Ja< ksos ought to sup- port A\itli the fullest confidence that he will, in the Electoral Collc-v. 'vote [not for either Clay or Jackson, l»ut| for tfo om who) at the time of <',,//',/ the one "most likely to succeed against Mr. Adams." It WEB a notorious tact, that in the first district Mr. ( Ibaw- ioi;i> hail many Btrongand infiuential supporters, especially among the politicians* <>\' that day; for, in addition to his supposed strong bias to recreate a oew political party proper, it Avas deemed certain, from hi- appointments, a- Secretary of the Treasury, that the patronage of his administration would flow through the Gov. 1So.ni> party channel, and that ♦Among these were the Hon. .Ikssk H. Thomas, then one of our Senators in Congn ^, lion. T. W. Smith, la'..' one of the .Judges of the Supreme Court, Emamkl J. West, and otl 22 MEMOIK OF THE LATE those who gathered under the Bond banner would be the recipients of the many offices in the gift of the President. Notwithstanding, it was not considered politic by the leaders of that party to run a candidate in the first district for their chief, or make any open demonstration in his favor. - The true friends of Mr. Clay and Gen. Jackson would have been slow to complicate the chances of either, by bringing out a candidate to run for both, while each had separate can- didates in the field. The inference is considered a fair one, that Mr. Turney was brought before the people by the Crawford party, either to secure a vote for Mr. Crawford, or lay the foundation for future attacks upon Mr. Cook, should he be called upon to vote in Congress for any of the presidential aspirants, and especially for Mr. Adams, whom he was known to favor. It is conceded that, after the election, in January, 1825, Mr. Tubney made a publication in one of the newspapers of the clay, that, if elected, he should have given the electoral vote to Gen. Jackson. And no doubt he then would ; for at the date of his publication, and, indeed, for some time before, the votes of the States had been ascertained, and though Mr. Crawford was, with Mr. Adams and Gen. Jackson, returned to the House of Kepresentatives, they having the highest electoral vote, yet public sentiment had narrowed the contest to these latter gentlemen, and Mr. Crawford was virtually out of the question. Had Mr. Turney been as free to declare his preferences in October as he was in the following January, after the attempted election by the people was over, all doubts in relation to the views of those who voted for him would have been removed, and the question would have been one of figures only.f * Samuel Allen offered himself as a candidate for Mr. Crawford, and received one vote only. f " Keep dark, Boone," was a common slang expression, and will be familiar to the older residents of the State. It originated from Mr. Ttrney's course in this election. as "Q^Q It may, therefore, be safely '-aid. that Mr. Cook, in giving his vote for Mr. An w-, violated qo pledge previously given, nor did he act in opposition to the will of his constituents, as declared at the November election. Tin- whole subject was referred to the people. They determined nothing. He was, therefore, left free to exercise hi- own judgment, and to vote for the man who, in his opinion, would best execute the functions of the Presidential office, [f the doctrine of pluralities was to guide him, he was bound to vote as he did — Mr. Adam- stood highest. Bis vote was clear and undisputed— that given to Gen. Jacksoh was complicated and doubtful. And was not the comparatively high vote given to Mr. Clay worthy of consideration in forming an opinion of the " sense of a majority " of the voters i If one vote might be transferred to another, was not the "elective affinity" of Cf.ay and Adams stronger than that of Clay and Jacksoh '. It must also he remembered that, in L825, Gen. Ja< was a new man for the Presidency. Though he had devel- oped extraordinary military talent-, hi- capacity for the civil administration of the government was yet untried and uncer- tain, and by many doubted. He certainly was not tl»< n the Gen. Jaoksoh of L832. Mr. Adam-, on the other hand, had been educated as a statesman. The great power- of his mind were understood and acknowledged; and, from former precedent, from the days of Jefferson, a- Secretary of State. u he was the presumptive heir to the succession." Under all these circumstances, the error of Mr. Cook, if error at all, must hi- accounted as only venial, an error of the judgment, and not of the heart.* * List of candidates for Electors, in 1824, a- announced in the papers of that dav : For lh\i:v Ci.ay — Poet. John Todd. 1st Diat ; James Gray and Samuel EL Clul.b, 2d Dial : William II. Bradabj and II. B. don,-, :. 1 Dist. For .Imiv Qi i\( v Ai'AMs — William II. Harrison, 1st Hi I nianl White, •2d Dist. ; Col. Pierre Menard, 8d Dist. MEMOIR OF THE LATE The last of the charges intimated, viz. : That Mr. Cook sold his vote for office, is sufficiently answered by the fact, For Gen. Jackson— Jon. Berry and J. W. Scott, 1st Dist. ; Henry Eddy, J. M. Street, A. Ramsey and Daniel Boatright, 2d Dist. ; A. P. Field and James S. Smith, 3d Dist. For Mr. Crawford— A. G. S. Wight. 1st Dist. ; Wm. M. Alexander, 3d Dist. For Jackson and Clay — James Turney. The following shows the Vote, at the November Election, for Electors for President, in 1824: IFirst District. Counties. Pike Fulton Sangamon... Morgan Fayette Greene Madison St. Clair Bund Montgomery . Total . Harrison. Scott. 193 6 27 1 125 17 86 12 38 85 243 5 170 75 10 21 1063 51 Turney. 1 4 9 21 45 214 198 104 13 13 Berry. i 20 3 1 1 6 13 629 58 Todd. 4 123 11 12 S 49 119 6 11 Allen. 343 Second District. Counties Wayne. . . Lawrence Gallatin . Crawford. . White Hamilton. Clark Edgar Edwards.. Total . Eddy. Gray. 62 31 199 64 111 36 1 37 55 596 18 65 4L 64 129 25 5 26 103 476 White. Clubb. 6 16 47 18 58 4 13 34 29 1 225 1 Boatright, Street. 28 30 64 Thiixl District. Counties. Pope Monroe , Randolph . . Jackson .... Union Alexander. . Johnson Franklin Jefferson Washington Total. Field. 41 2 47 46 153 28 41) 49 62 29 497 Menard. Jones. 11 35 149 6 15 3 2 1 1 30 253 32 2 34 Alexander. I Bradsby. 11 177 7 3 5 1 14 21S 30 12 39 10 1 4 9 9 79 193 Recapitulation. 1st, Dist. . . 2d Dist... 3d Dist. . . Total. Adams. Jacksoh. ! Clay. J Crawford, j Clay and Jackson, (Turney.) 1063 225 253 1541 109 343 667 476 497 227 1273 1046 21S 218 629 629 t? that Mr. ('. neither Bought nor received any post of honor or profit from tlie new administration. Sad hisvalnable life been Bpared, it is hardly possible that a man of his industry ami commanding talents could hare remained lone in private life. His views for the future were disclosed in in the following extract of a letter to the writer "f this article, dated April, L827 : "Of the proceedings of Con- gress, it Is not necessary to say anything. 5Tou arc already informed of all that has been done. Whatever of censure or credit I may he entitled, I leave to the calm decision of the people; and when they shall make that decision, with the knowledge of all the tacts connected with each act, I shall not quarrel with them for it. But I am now on a tour to recover my health, it' possible— and it may he that the voice "t" praise or censure will be alike unheard by inc. before any opinion shall he formed. The probability of such a result, however, does not repress the hope that I may yet pass, with the people of the State, through many changes of increasing prosperity ; and finally, before the curtain he drawn, see Illinois what even in one man's life she may be, and what my feeble exertions have always aimed to aid in making her. "Should 1 recover mv health, so as to feel able to embark in the business of my profession, or any other business for which F am qualified, within a few months, I shall return to the State. But should it continue feeble, and yet improve, a- I hope it will, in the mild and genial climate of Cuba, the place of my destination, I shall probably remain there a year or two. or till, at least. 1 have fairly tested it- virtues." Mr. Cook was a candidate for reelection to Congress in L826. His old opponents would, doubtless, have suffered this election to go by default. No candidate was broughl forward to oppose him. In the course of the summer the people of the State were astonished at the temerity of g young gentleman, then but little known, in announcing himself as a competitor with Mr. Cook for this office. Gen. Joseph Duncan was then a resident of Jackson County, and engaged in mercantile business. lie had served in the regular army as a Lieutenant, in the war of 1812, and had acquired some distinction in the humble post he occupied. He had also been a member of the Senate of this State, from the county of his residence, and probably held that office at the time he announced himself for Con- gress. He was, however, but little known beyond the few counties adjacent to Jackson, and no one, at the time, sup- posed he was fitted, either by education or experience, to exercise the duties of the office to which he aspired. His chances of success were apparently hopeless ; and, it is sup- posed, that a betting man, at that period, would not have risked one to one hundred dollars upon his election. He canvassed the State, however, with diligence and assiduity, and presented as bold a front as if assured of success. He was unaccustomed to public speaking, and in this respect, compared very disadvantageous^ with Mr. Cook. Yet he had the faculty of presenting his ideas in a plain and simple way, easily understood by the masses, and to a great extent effective in such a population as then constituted the State. The old opponents of Mr. Cook, of course, united upon him. As a candidate, he was a perfect god-send to them. If he failed in his election, it would be attributed not to the weakness of the party, but to the absence of all claims on the part of Gen. Duncan to such a position. To these were added the real friends of Gen. Jackson, who were dissatisfied with Mr. C. for his vote in Congress. Gen. Duncan received 6,321 votes, and Mr. Cook but 5,680. No event excited greater surprise and amazement than the result of this election — it was totally unexpected to friends .and foes. It may be safely said, that if an election could have been held immediately after the result was ^.£ W^ II . • \ . 1 1 \ ,\ I 1. 1. P. UOOK 27 known, thr vote would bave been materially changed. "We did not intend," was a verj common remark, "to beal little Cook, luii bo i" lessen his majority as make bim feel lii- dependence apon as." It ie bul jusl t<» den. |)im w to Bay, thai bis constituents were happily disappointed, in hi-> Bubsequenl development <>t' talents and tact, rendering him a worthy successor to our second representath li nia\ be confidently asserted, thai Mi-. Cook's defeal was n<>! attributable t>< hi- vote apon the Presidential ques- tion. The small majority of 641 obtained byGen. Duncan would indicate this feet. For it', a- contended 1»\ many at that (lav, tin- choice of two electors for Gen. Ja< kson deter- mined the political character <>f the State, a much larg< r majority would have attended Gem Duncan's election. Taking, however, the votes casl for electors in 1824, as a tesl of the Bentiments <»t' the people, had the election <>f hi'ii turned upon the Presidential question, it will be Been, that by adding the vote given to Mr. Clay, L046 (nearly equal to that ui \cn t<> Gen. Jackson), t" .Mr. Adams' vote, 1641, Mi'. Cook ought, upon tin- issue, to have received a majority as 2,587 is t<> 4.7<»7, or over four-sevenths <>t* the vote cast, giving t>> his opponent the exec— of votes, L67, over the votes given for Congressmen in L824. blatters of interest in ( longress, connected with this State, have hern briefly intimated in the foregoing pages. At the commencement of the Bession of 1825 6, Mi-. 0. was trans- ferred from tlu' Committee on the Public Lands, t>» that of tin- l 'ommittee of Ways and Mean-. The late Mi - . M< Lank, of Delaware, was chairman of that committee, and the oame of Mr. ('. was the Be.cond on tin- li-t of members. During the whole of tin- session of L826 7. Mr. M< Lank 'General Dotii m remained in Congress until 1884, having been elected rnor in that year. Before thin time, his original supporters had left him, ami he was sustained mainly bj Mr. Took's old friends. was absent, and the duties of chairman devolved upon Mr. Cook. It was one of his cardinal principles to do well and thoroughly whatever he attempted ; and naturally inclined to overtask his physical powers, and a desire to acquit him- self with honor, led him to devote the hours of rest and recreation to examination and study. Occupied during the day in explanation of the varied and important measures presented to the House through this committee, every inter- val of time was spent in preparation for the public conflict. His feeble frame could not long endure the vast amount of labor he performed, and the last days of his Congressional life found him contined to a sick room. At the close of the session, he embarked, as before intimated, for Cuba, trust- ing to recover health and strength in the mild climate of that island. The journey was a vain one — and early in the month of June, Mr. Cook returned with his family, to his home at Edwardsville. During the summer, his health gradually declined; and he determined to return to the home of his nativity, and die upon the spot that gave him birth. He breathed his last on the ICth day of October, 1827, at the early age of thirty-four, and his remains repose in the soil of his native State. From this brief statement of some of the incidents in the life of Mr. Cook, it will be seen that he was a self-made man. Without the aid of the schools, and by the mere force of the native powers of his mind, the few brief years of his public life developed intelligence and talent of no ordinary character. His powers seemed to expand with the occasion that called them forth. His mind Avas active and clear, and his command of language ready and copious, so as equally to interest the scholar, and enlighten the illit- erate hearer. But few men, then constituting the Congress of the United States, notwithstanding his youth, stood higher in public estimation, or were listened to with more attention and interest. His voice, though soft and nielo- ii ON. i>.\ nii i. r. i OOK. 29 dious, was of great compass and tone, equal to addressee in tlic open air, or in the halls of legislation. It has been said that Mr. Ooox was a popular man. His popularity was aoi based upon the artifices of the dema- gogue, or upon assumed traits of character. Hi- urbanity of manner and gentlemanly deportment were natural and constant. No one doubted bis truthfulness or sincerity, and ■ bis benevolence and kindness of heart was universally con- ceded. Mr. ( \><>k\- com ersational powers were remarkable, and he made himself an agreeable companion with all classes of society, preserving at the Bame time the dignity and attributes of a well bred gentleman. In all the excit- ing contests through which In- passed, his manner toward his opponents was such as never to disturb social relations or friendly feelings. However strong the opposition for the time being, it ceased when the conflict ended; and if defeated, they preferred Mr. Cook's success to any other political opponent. Mr. Cook was generous to a fault. Il>- was often imposed upon by the unworthy ami deceived by the recital of imaginary sufferings. His kind heart forbid the withholding of pecuniary assistance whenever demanded ; and lie thought it safer to err in his charities, on the wrong side, than fail to bestow them upon worthy objects.* In hi- personal appearance, Mr. Cook was a -mall Bpare man, considerably under the ordinary hight. His usual weight did not. probably, exceed one hundred and twenty pounds. He wa- straight and erect in hi- person, and *In one of his journeys to Washington, upon the Ohio river, as the steamer approached Wheeling, the point of debarkation, a wtSl dressed person accosted Mr. 0., a perfect Btranger, and apologizing for his intrusion, said, "Sir, I am yel some distance from my home, ami am out of money. I know no one on board the boat. I have cloeelj scanned the countenances of my feOon passen- gers, and have discovered no gentleman more likcl} to assist me than youi Will you please, sir, make me a loan. " " Certainly,' 1 Mr. C. imme- diately replied, and suiting the action to the word, opened his pocket book, and handed him the desired sum. dO MEMOIR OF HON. DANIEL P. COOK. quick and. active in his movements. His features were plain but marked — and so indicative of intelligence and kind feeling as to render them agreeable and pleasing. He left behind him but one child, a son, now a resident of the city of Springfield in this State, and late Mayor of that city. In estimating the labors of Mr. Cook, it must be remem- bered, that he was virtually the first Eepresentative in Congress after the admission of the State; and that the settlement and arrangement of the various matters con- tained in the act of Congress changing our territorial to a State government, devolved mainly upon him. It is be- lieved that all questions arising out of the change, through his tact, talent and perseverance, were decided more favor- ably to our interests, than they probably would have been, if entrusted to other hands. Neither must it be forgotten, that in obtaining valuable concessions from the General Government, he had no precedent to urge, or land mark to guide him. It was subjecting the powers vested in Con- gress by the Constitution, to new tests, and applying them to new objects. It was an untried field of effort, in which every obstacle was to be overcome. The prejudice of opinion was to be combatted — and perhaps honest, but mistaken constitutional objections to be removed. To devote the public lands to any other purpose than that of replenishing the treasury, was then deemed by many a political heresy. It is now a settled principle, mainly through Mr. Cook's efforts, that the public domain is to be used for public purposes, and devoted for the promotion of the general interests of the whole people — a principle which, as we have seen, in 1827, invigorated our waning energies, and in 1851 placed us in the front ranks of the States composing our Union, and promises us a future, unless marred by our own folly or effeminacy, prolific in all the sources of material wealth, and the highest moral and christian civilization. "Q^Q ZSi. LIBRARY OF CONGRESS 011 838 585 8 .tor-i EA25 7 "^~^£r ..** . -. «8S £S-s* S