' EME COURT OF ILLINOIS ITS !IRSr JiJ^GFS A>ID I.AWYKRS /v. TEffc UNIVERSITY OF ILLINOIS LIBRARY 923.4 ScoSs '' SUPREME COURT OF ILLINOIS 1818 ITS FIRST JUDGES AND LAWYERS SHORT SKETCHES BY JOHN M. SCOTT BLOOMINGTON, ILLINOIS 1896 COPYRIGHT BY JOHN M. SCOTT. 1806 All Rights Reserved. SUPREME COURT OF ILLINOIS 1818 ITS FIRST JUDGES AND LAWYERS 497293 NOTE. The writing of this volume was undertaken as a mode of employing the author's leisure time, and when it shall be offered to the public, if it shall be found not to be of much value it is hoped it may nevertheless afford a few hours of pleasant entertainment to any one who may read it. No originality is claimed for the work. It is not much more than a re-writing of that which had before been written by others. All published histories of Illinois and all biographical sketches of prominent persons to which access could be obtained have been examined. Indebted- ness to such writings is acknowledged for all that is taken from them in this way rather than by citing separately each work consulted. JUDICIAL SYSTEM OF ILLINOIS UNDER THE CON- STITUTION OF 1818. CHAPTER I. The system of Courts provided for by the 4th Article of the Constitution of 1818 was simple and quite well adapted to the condi- tion of the state as it was then being sparsely populated. Under that constitution the judicial power of the state was vested in one Supreme Court and such other inferior courts as the Gen- eral Assembly might from time to time ordain and establish. It was provided the sessions of the Supreme Court should be held at the seat of government wherever it might be. It was then at Kaskaskia. The Court was given ap- pellate jurisdiction in all cases in law or in equity, and original jurisdiction in cases relat- ing to the revenue, in case of mandamus, and in such cases of impeachment as the Gen- 6 Judicial System of Illinois eral Assembly might require to be tried before it. It was provided the Supreme Court when organized should consist of one chief justice and three associate justices any two of whom should constitute a quorum. The General Assembly was given power in its discretion to increase the number of justices of the Supreme Court after the year 1824. Section 4, Article IV, provided that the justices of the Supreme Court and the judges of the inferior courts should be appointed by joint ballot of both branches of the General Assembly and be commissioned by the governor. The tenure of the offices of the first justices of the Su- preme Court was to be during good behavior or until the end of the first session of the General Assembly to be begun and held after the first day of January, 1824. It was made the duty of the first justices of the Supreme Court to hold circuit courts in the several counties in such manner and with such juris- diction as the General Assembly might provide by law. After the year 1824 the consti- Under the Constitution of 1818. 7 tution did not impose upon the justices of the Supreme Court the duty of holding circuit courts unless required to do so by law. Judges of inferior courts were to hold their respective offices during good behavior. But of course the statute providing for their ap- pointment might be repealed, and that would oust them from office. The justices of the Supreme Court and all inferior judges were subject to be addressed out of office by a two- thirds vote of each branch of the General As- sembly for any reasonable cause, although it might not be sufficient cause for impeachment. A most wholesome provision in this connec- tion was that when any judge or justice might be addressed out of office, no member of either house of the General Assembly, nor any per- son connected with a member by consanguin- ity or affinity, should be appointed to fill the vacancy occasioned by such removal. The justices of the Supreme Court, during their temporary incumbency were given an annual salary of $ 1,000 payable out of the public 8 Judicial System of Illinois treasury. After the end of the session of the General Assembly begun and held after the first day of January, 1824, the constitutional provision was, the justices of the Supreme and inferior courts who might be appointed there- after should have "adequate and competent" salaries, but which should not be diminished during their continuance in office. Power was given to the Supreme Court or to a majority of the justices, and to the circuit courts or the judges thereof, to appoint their respective clerks. It was provided that all process, writs, or other proceedings should run in the "name of the people of the State of Illinois," and that all prosecutions should be carried on in the ' 'name and by the authority of the peo- ple of the State of Illinois," and conclude, "against the peace and dignity of the same." A clause of the constitution required that a competent number of justices of the peace should be appointed in each county in such manner as the General Assembly might direct, whose time of service, powers, and duties Under the Constitution of 1818. 9 should be regulated and defined by law. When appointed, all justices of the peace were to be commissioned by the governor. To further assist in the administration of the laws of the State, it was provided by a clause in the schedule to the constitution, that an "attorney general and such other officers for the State as should be thought to be necessary" might be appointed by the Gen- eral Assembly, whose duties should be regu- lated by law. Under that power, the General Assembly provided by law for the appointment of an attorney general and circuit attor- ney, or, as commonly known, "state's attor- ney," for each judicial circuit of the State. Later, it was provided, the circuit attorney residing in the circuit in which the capital was should act as attorney general for all the State, in addition to his duties in the circuit as prescribed by law. The attorney general and the circuit attorneys were ap- pointed by the General Assembly, and their duties and compensation for official services 10 Judicial System of Illinois defined and fixed by statute. During the terrfi of the temporary appointment of the jus- tices of the Supreme Court, and until their successors were appointed in 1825, they held the circuit courts of the State in addition to their duties as judges of the Supreme Court. It will thus be seen the judicial system under the constitution of 1818 was a very sim- ple one and yet a very valuable one. It was inexpensive and was all the public exigency demanded at that early day for the govern- ment of a rural people without any considerable trade or commerce. The great corporations of today that require so much restraint, both by legislative enactments and judicial decis- ions, did not then exist. The first appointees to the supreme bench were Joseph Phillips, chief justice, and Thomas C. Browne, John Reynolds, and William P. Foster. The appointments were made on joint ballot by both branches of the General Assembly on the Qth day of October, 1818, but of course their appointments did not be- Under the Constitution of 1818. 11 come effective until the State was admitted to the Union, on the 3rd day of December, 1818. It is hardly accurate to allude to William P. Foster as one of the first judges of the Su- preme Court of the State, or indeed to men- tion him at all as a "judge." He was not a lawyer even, and perhaps never studied law at all. Although he may have taken the oath of office, he never attempted to hold circuit court or to meet with the Supreme Court. It is probable he resigned before any session of the Supreme Court was held. It does not ap- pear from Breese's Reports that any term of the Supreme Court was held until December, 1819, and before that time Foster had re- signed and William Wilson had been ap- pointed in his stead. So in fact it may be said William Wilson was one of the first four judges of the Supreme Court of the State. But inasmuch as William P. Foster was nomi- nally a member of the Supreme Court of the State for a brief term, a sketch of him may be given because his ill-advised and improvident 12 Judicial Si/fifeni of appointment to that exalted position by the General Assembly teaches an important lesson the people of the State ought to keep always in mind. The first four judges of our State Supreme Court, viz : Phillips, Chief Justice, and Browne, Reynolds, and Wilson, associate justices, were the men who set the judicial machinery of the State in motion. Some of them were men of acknowledged learning and ability, and all of them were men of pure character and of the highest social worth. It was fortunate for the State, such men were selected to lay the foun- dations of our system of jurisprudence upon which has since been builded that splendid judicial system now so well and so ably ad- ministered in the interest of the people of the State. It is a desire common to all, when a magnificent structure is seen, to want to know as much of the builders as is possible to learn. It is thought it might be a subject of some in- terest to give brief sketches of the judges who formed the ground-work of our judicial system Under the Constitution of 1818. 13 and of some of the lawyers who in a technical sense were officers of the court that co-ope- rated with them in that great and important work of administering for the first time the laws of the State. It would no doubt be profitable and inter- esting to extend these accounts farther and in- clude within them, notices of the judges of the Supreme Court since 1819 and prior to 1870, and of the lawyers of that time, but their lives were not cast within the period it is now pro- posed to consider. Many of them became prominent in the civil and military affairs of the nation. It was a glittering galaxy of great men, whose lives would be well worth study- ing. It would be a history of which Illinois might justly be proud. 14 Illinois Supreme Court 1818. CHAPTER II. WILLIAM P. FOSTER. His Election Neither Lawyer nor Judge. Among the first appointments to the office of associate justice of the Supreme Court of the State was William P. Foster. The ap- pointment was made on joint ballot of the Legislature on the Qth day of October, 1818. He was not a lawyer by profession and per- haps did not claim to be. It is said of him, he was a man of pleasing address, but artful and designing. How it happened that he succeeded in imposing himself upon the Legislature, or by what artifice he induced them to appoint him, one of the highest judi- cial officers of the State, no one familiar with Ms First Judges Foster. 15 the history of that Legislature has ever ven- tured an explanation. Even Governor Rey- nolds, who was appointed by the same Legislature, at the same time an associate justice of the Supreme Court in his history of that period, gives no explanation whatever as to how his appointment was brought about or secured. All personal sketches of Foster are very meagre. It was understood he was born in Virginia, but when and where no one seems to have known. He had only been in Illinois a brief time, perhaps a few weeks or months at most, before he was elected by the Legislature a member of the Supreme Court. It is not certainly known what his previous life or occu- pation had been. He was simply an advent- urer making the most out of whatever might come in his way. After holding his office until July 7, 1819, he drew his salary up to that time and then resigned. He never met with the Court and one reason for that may have been there was no session of the Supreme 16 Illinois Supreme Court 1818. Court until the December term, 1819, and that was subsequent to his resignation. A circuit was assigned to him but he did not hold courts in it. There may be another reason why he did not meet with the Court. He must have known he did not possess the legal learning to enable him to discharge the duties of the office, and, out of a sense of decency and common honesty, he may have declined to enter upon the work. If that is so it is something to his credit, entitling him to a measure of praise which ought not to be withheld. All writers concerning that period, that speak of him at all, say that his reputa- tion was that of a man of unworthy private character in addition to the fact he had no fitness for the office either on account of legal learning or other necessary qualifications. There has been some considerable discus- sion recently in bar associations and in current legal journals of the policy of an elective judi- ciary. It is most generally disapproved. The grounds of dissatisfaction with the system rests Its First Judges Foster. 17 on the supposed incompetency of the people to make wise and suitable selections for judges. That is a grave mistake as will clearly appear in the history of an elective judiciary in this State. No stronger argument is needed in support of the elective system than the election of Foster by the Legislature. It shows most conclusively that of all systems or modes of electing judges of the higher courts, that by the Legislature is the most vicious. But if done by the Governor, by and with the consent of the Senate, or by the Governor alone, not much better selections would likely be made. Since 1848 the people have elected the judges of the Supreme Court and of all inferior courts in this State, but no such grave mistake was ever made by the people as was done by the Legislature in the selection of Foster as one of the judges of the Supreme Court. The con- current testimony of every one that knew him is to the effect he had no sort of qualifications, either legal learning or moral fitness, for the position. The opinion is ventured such a man 18 Illinois Supreme Court 1818. as Foster is represented to have been, never could have imposed himself upon the people, had he come before them for their suffrages. In some way his want of fitness for the office would have been detected. The discussion that would have taken place in the canvass would certainly and surely have developed his true character, and if it was as bad as it is said to have been he never would have been chosen for a judge of the highest court in the State. There is no matter connected with local government in which the people have so profound an interest as in the selection of judicial officers. If judicial elections were in- trusted to the good common sense of the people, without the intermeddling of partisan politicians, good and safe judges with rare exceptions would be elected. It is a mistake to believe that the common people do not know who is the best lawyer in their commu- nity, and who would be likely to make the best judge of any of their courts. A stranger in a city is quite as apt to obtain accurate informa- Its First Judges Foster. 19 tion as to who is the best resident lawyer by inquiry of any common laborer whom he may chance to meet on the street, as if he had made inquiry of the highest officer of the city, or even a high state officer. The common people are not slow to take an accurate meas- ure of the capacity of public; men living amongst them. If any one is vain enough to disparage their capacity in that respect let him offer himself as a candidate for a judicial office and his experience will be quite likely to disclose to him his mistake. The experiment of an elective judiciary in this State on the whole has been satisfactory, and has certainly demonstrated its superiority over former sys- tems of electing judges by the Legislature or by appointment by the Governor by and with the consent of the Senate, or by the Governor alone. In the latter systems politicians are most generally chosen because they have influence with the appointing power. One reason in support of an elective judiciary is that the discussion developed by the canvass 20 Illinois Supreme Court 1818. brings out and makes known the true character of aspirants for judicial positions. It would be difficult for any one possessing no qualifica- tions for the office of judge to stand the severe investigation consequent upon a can- vass and when his true character is made known in that way he would surely be rejected by the electors. As a general rule the people want judges best qualified by legal learning and of the highest social worth to administer their laws. The election of an unworthy judge by the people or otherwise is a calamity upon any people. A vicious and ignorant judge has it in his power to do more mischief in his official actions than perhaps any other State officer. It is for that reason people are always solicitous as to the selection of judges and, if left to themselves, they would reject all party political considerations in judicial elec- tions. The history of judicial elections since the elective system has been adopted in this State supports these views. Instances are very rare indeed where any very bad man has Its First Judges Foster. 21 been elected by the people to the office of judge of any court of general jurisdiction. It is not denied that in some instances judges possessing no great legal learning have been elected to the office of judge of the highest courts, but uniformly they have been fair- minded men and men of moral worth. In this State the only judges against whom im- peachment proceedings were ever instituted have been judges appointed by the Legisla- ture. It can not be doubted by any one at all acquainted with our local history that the best judges of our courts the State ever had, have been judges elected by the people. It is not an objection to an elective judiciary the tenure of office is usually short which might result in frequent changes of judges. There need be no apprehension on that account. When a judge has once been elected, if he proves him- self worthy and competent to fill the position he is seldom rejected by the people for another term or more. If found to be unfit for the place, he will surely be defeated if he offers for 22 Illinois Supreme Court 1818. re-election. But the good and capable judge is usually kept in office as long as he may wish to hold the place. This has been especially true in respect to the judges of the Supreme Court. Political considerations have heretofore been almost wholly disregarded and ought always to be in the election of judges of our high- est courts. Happily for the State, the people, irrespective of party affiliations with few ex- ceptions, have united in the support of the good judge. That is illustrated in an eminent degree in the case of Judge P. H. Walker, who was one of the very best judges of the Supreme Court the State ever had. He was re-elected (n the Central Grand Division under the Constitution of 1848 over his opponent, whose political views were in accord with the dominant party and who was an able and learned trial judge, when the political majority against Judge Walker was many thousands. It is now forty-six years since the system of an elective judiciary was adopted in this State, and during all that time only three judges of Its First Judges Foster. 23 the Supreme Court failed of re-election who desired longer service. Two of them, C. Beckwith and D. G. Tunnicliff, had heen ap- pointed by the Governor to fill out the unex- pired terms of less than one year of the former incumbents. The Governor had no authority to appoint unless for a term less than one year in case of vacancy. Both men were excellent judges but their terms of service had been so short the people had not became acquainted with them sufficiently to appreciate them as their merits deserved. It is not improbable some little prejudice existed against them in the minds of the people because they had been appointed by the Governor. One of them, Beckwith, was not defeated by the popular vote but in a convention of lawyers assembled to select a candidate, and it may have been done by some adroit management on the part of the friends of the successful candidate. The other judge of the Supreme Court that failed of an election, C. B. Lawrence, had served nine years. His defeat may be directly 24 Illinois Supreme Court 1818. attributed to an opinion written by him in the case of the People vs. Shuman and Wilson. A rule was laid upon defendants to appear and show cause why they should not be adjudged guilty of contempt of the Supreme Court. The offense consisted in a brief editorial pub- lished in the Chicago Evening Journal, of which one of respondents was the proprietor and the other was the managing editor. Neither of respondents wrote the objectionable article, and the proprietor, Wilson, never saw it until after it was in print. The paper in which the article appeared, upon which the proceeding was founded, was published in Chicago, eighty miles distant from the place where the Supreme Court was in session. The article was not seen by any member of the Court for more than a week, perhaps ten days, after its publication, and was then dis- covered by mere accident; one of the judges, who had a penchant for reading newspapers, old or new, happened to pick up in the clerk's office a much-torn copy of the paper contain- Its First Judges Foster. 25 ing the offensive article, that had been thrown aside as waste. It was thought the opinion written by Chief Justice Lawrence announced doctrines dangerous to the liberty of the citizen and to the freedom of the public press. The doctrines declared were most distasteful to the people of the entire State. A futile at- tempt was made at the time by some of his friends to account for the defeat of Judge Lawrence because of an opinion written by him in the case of the People vs. The Chicago & Alton R. R., but the doctrines of that case were not in the least degree received with disfavor by the people. Every member of the court concurred in the opinion and every one of the concuring justices who desired to be, was re-elected and it was not made a ground of objection against any of them. During the canvass made by Judge Lawrence for re-elec- tion, nearly every newspaper in the State, excepting those published in the city where he resided and even many outside of the State, were full of the severest criticisms upon the 26 Illinois Supreme Court 1818. opinion of the judge who wrote it. If the case of the People vs. The C. & A. R. R. was referred to at all it was simply as a make weight to increase the dissatisfaction with the doctrines of the objectionable case of the People vs. Shuman and Wilson. There is another consideration that may in some degree have contributed to the defeat of Judge Lawrence. He was not in sympathy or touch with the people, in thought or habit. He was called to be a candidate for re-election only by the lawyers of the division in which he ran, without any consultation with the people or without any opportunity being af- forded them to give expression to their wishes. Probably that was construed as a distrust of the people which they were easily persuaded to resent. His opponent in the contest was one of the people being at the time a farmer as well as a lawyer and came before the people confidently trusting to their good sense and capacity to rule themselves, and won. His election was not a mistake. Since then the Its First Judges Foster. 27 people have continued him in his high office by repeated elections, notwithstanding the fact the political party with which he was and is connected has been constantly in the minority, and notwithstanding the further fact he has been opposed at every re-election by lawyers of eminent fitness for the place who were in sympathy with the dominant political party. It is now nearly a half of a century since the adoption of a system of an elective judi- ciary in this State. It has had a full and fair trial and there is no just reason to be dissatis- fied with its workings. No system that can be devised can in every instance secure the election or appointment of the best judges. That is not to be expected. It is high praise to our elective system that at no time since its adoption has it been possible for such a grave mistake to have been made as was the election of William P. Foster, by the General Assembly. Had he been a candidate for judge of the Supreme Court before the people, does any one believe he would have 28 Illinois Supreme Court 1818. been elected? Another strong reason in sup- port of an elective judiciary is it is much more difficult to control the people by partisan poli- tical reasons than it would be the Governor or the General Assembly, in the selection of judicial officers. Again, the elective system affords better opportunities for the discussion of the merits of the several aspirants for the bench. There is no just reason why the fit- ness of a candidate for a judgeship in the high- est court in the State should not be the subject of thorough discussion in a canvass to be made. It is eminently proper it should be done. But that opportunity for an inquiry into the fitness of persons who seek judicial positions is rarely afforded where the appoint- ment is made by the Governor or the General Assembly. Too frequently political or mere personal consideration or persistent importun- ity control. It is that fact that made it possible for such a man as Foster is said to have been to procure his appointment to a position in the highest court of the State. Its First Judges Foster. 29 Another suggestion coming perhaps from the same source with the one last mentioned is that it is on account of inadequate salaries that unworthy men like Foster get into high judicial positions that high salaries are in- dispensable to secure the best talent and learning on the bench and it is for that reason so many able lawyers decline to go upon the bench. The argument is not historically true, nor is it true as a matter of fact. It may be and is doubtless true that many able lawyers will not take a judgeship at the salary attached to it, but it is also true that many just as able lawyers will and do take the place at the salary fixed. Because one man may decline an official position at a certain salary and another may be willing to accept it at the same compensation it does not follow by any means that the one that declines is in any way the superior of the one that accepts the place. The constitution of 1818 contains a provision that judges should be given ' 'adequate and com- petent salaries. " That is just and right. All 30 Illinois Supreme Court 1818. salaries of public officers and of officers of corpor- ations should be reasonable and no more. Some persons can not be induced to do certain kinds of work for any reasonable compensation. It is for some personal reasons. But when one undertakes to do official labor, judicial or other, he must do it for a reasonable compen- sation, or not at all. There are many persons just as competent who are willing to do the work for the same compensation another may decline for reasons of his own. It is a public wrong to give a man an extraordinary com- pensation or salary for doing a work that others equally competent would be willing to do for a much less sum. It is seldom done, however, except on grounds of favoritism. Nor is it true that extraordinary wages secure either better talent or better men for any public or private service. Illustrations abound and especially in judicial occupations. At the same time Foster was elected a judge of the Supreme Court there was also elected a member of the same court, a man of good legal Its First Judges Foster. 31 learning and who was a classical scholar and a man of the highest social worth. No man in the State stood higher as a lawyer, a scholar, and a gentlemen, and his services were secured to the State for the same salary as was to be paid to Foster. Under the consti- tution of 1848, when the salaries of the judges of the Supreme Court were only $1,200 per annum, the State had some as able judges as it ever had when the salaries paid were very much higher. Had the salaries been ten thousand dollars per annum, the service of no abler judges could have been secured than when the Supreme Court had on its bench Judges Breese, Walker, and Beckwith. The reason is obvious, for there were neither then nor since any abler lawyers or better men for judges in the State. When Judge Beckwith went on the bench of the Supreme Court at an annual salary of $1,200, he was recognized as one of the ablest practicing lawyers in Chicago or elsewhere in the State. Had the salaries of the first judges 32 Illinois Supreme Court 1818. of the Supreme Court been $5,000, instead of $1,000, it is quite as likely Foster would have been as readily elected. Indeed at that date a salary of $ i , ooo was equal to a salary of $5,000 at a later date. Under the constitu- tion of 1818 very low salaries were paid to the judges of the Supreme Court, yet that Court had on its bench some of the best lawyers the State ever contained among whom may be mentioned Wilson, Breese, Lockwood, Doug- las, Caton, Treat, and others equally distin- guished for their ability and legal learning. It was a brilliant galaxy of men of whom the State may be justly proud. It is thus seen the question of the amount of salary to be paid has but little to do with securing the best legal talent on the bench of the Supreme Court. It certainly had nothing to do with the election of Foster. His election is to be attributed solely to the vicious system of com- mitting the appointment of judges to the General Assembly. The fact some of those early judges were not among the best men for Its First Judges Foster. 33 the places may be attributed, also, to the same unwise system. It was because political and personal considerations controlled, and not at all on account of the meagre salaries attached to the office that unfit persons obtain positions in the Supreme Court. When good men offered their services to the State, vastly in- ferior ones were sometimes chosen by the General Assembly judges for the highest court. That was exactly the case when Foster was elected. The people now have the matter of electing their judicial officers in their own hands, and it is hardly probable a man of the reputation Foster had will ever again succeed in obtaining a seat on the Supreme Bench of the State. It is said that after Foster left the State his private life was less praisworthy than it had been. If the major part of what is written of him or even if the minor portion is true, his name ought not to be mentioned in connection with the judges of that period. A title of such honorable distinction as judge 34 Illinois Supreme Court 1818. should not be applied to him, and it has not been done in this sketch. He never had any- thing more than a mere nominal connection with the Court. His appointment is only mentioned as an historical fact to impress on the public mind the necessity for observing the utmost care and caution in choosing judges of the highest courts of the State a lesson that should never be forgotten. Its First Judges Wilson. 35 CHAPTER III. WILLIAM WILSON. His Election Judicial Services. William Wilson, in fact one of the four first judges of the Supreme Court of Illinois, was born in Loudoun county, Virginia, in 1795. It is said he was a man of good, though not of a collegiate, education, and of fair legal at- tainments. He came to Illinois in 1817, to make a new home for himself. The State Government was organized the next year after his coming to the Illinois Territory. When the General Assembly came to select officers for the new State soon to be admitted into the Union, he was a candidate for the office of judge of the Supreme Court. He was then a young man, not quite twenty-four years of age. For the position he sought, he received fifteen votes 36 IJlinow Supreme Court 1818. out of a possible vote of forty. That was a very complimentary vote to a man so young and one who had lived among the people whose suffrages he asked, less than one year. On the occasion of the next opportunity that offered he was more successful, for on the yth day of August, 1819, he was elected by the General Assembly an associate justice of the Supreme Court to fill the vacancy caused by the resignation of William P. Foster. He im- mediately entered upon the discharge of the duties of -his office. It is said he was of a social disposition, and mingled so modestly with the people, he made friends of all with whom he chanced to meet. So highly appreciated were his official acts that he soon became the greatest fa- vorite with the people of all the judges of that high court. On the reorganization of the judici- ary in 1825, he was, by the General Assembly, elected chief justice of the Supreme Court, over its former chief justice, Thomas Reynolds, who was a candidate for re-election, and who was a man of high character and of very decided Its First Judge* Wilson. 37 ability. It is said of him by his contempo- raries that Chief Justice Wilson presided with becoming dignity when holding the Supreme Court. He held the office of chief justice as long as the constitution of 1818 remained in force, and went out of office on the first Mon- day of December, 1848, when that instrument was superceded by the new constitution of the latter year. It will thus be seen he was chief justice of the Supreme Court of the State for a term of twenty-three years a longer term than any other person ever held that high office in the State. Under the constitution of 1818, after the year 1824, the chief justice held his office during good behavior, but under the constitution of 1848 it was provided the justice having the shortest term to serve should be chief justice. Under that constitu- tion the Supreme Court consisted of three justices who held their offices for a period of nine years. All three were elected by the people at the first election for judges under the constitution of 1848, but they were required to 38 Illinois Supreme Court 181X. cast lots so that one should go out in three years, one in six years, and the other should hold through the entire term for which he was elected. Every three years thereafter a suc- cessor to one of the judges would be elected under that system. That of course made the term of chief justice three years. By the con- stitution of 1870 it is provided the Supreme Court shall consist of seven judges, one of whom shall be chief justice. Under that provision the justices have since chosen one of their number to be the chief justice. But it was provided by that instrument the chief justice in office when it took effect should continue to serve in that capacity until the end of his term, which was nearly three years. In 1873, and since then, the justices have chosen one of their number to be chief justice. By a rule of court the term of service is for one year each member of the court becoming chief justice in rotation according to seniority. Thus it is seen it was not possible under the consti- tution of 1848, nor is probable under the con- Its First Judges Wilson-. 39 stitution of 1870, any one can or will serve continuously as chief justice of the Supreme Court for so long a term as did Chief Justice Wilson. The life of a judge of any court is generally an uneventful one and especially is that true of Judge Wilson. He was a judge and nothing else. In no sense was he a politician. It is not said of him that he was enough of a military man to have ever trained in a militia company under the State laws as corporal or even as a private. It is therefore not strange that during a term of service of nearly thirty years there was nothing to call public attention to him unless it was the opinion delivered by him in the case of the People on the relation of M'Clernand vs. Field. The Court then consisted of four judges, viz. : Wilson, C. J. ; Browne, Lockwood, and Smith, associate jus- tices. The question in the case involved only a construction of the constitution in respect to the power of the Governor to remove a State officer appointed by the Governor, by and with 40 Illinois Supreme C&urt 1818. the consent of the Senate, but the case took on a partisan political phase in its public discus- sion. When Governor Carlin came into office in 1838 he found Alexander P. Field filling the office of secretary of state, and had been since 1829. Governor Carlin was a pronounced democrat and Secretary Field was equally as strong a whig. The secretary was obnoxious to the State administration and it was the desire, the office should be filled by a demo- crat one fully in sympathy with the State administration, which was intensely partisan. Accordingly Gov. Carlin appointed Hon. John A. M'Clernand since become a distinguished politician and was during the civil war an able and efficient officer in the federal army of high rank to the office of secretary of state. It was the intention by that act of the Governor to remove Field from the office of secretary of state, but the incumbent denied the existence of any rightful authority in the Governor to remove him, and therefore declined to sur- render the office when demand was made upon It* First Judges Wilson. 41 him. Gen'l M'Clernand then commenced a proceeding in the nature of quo warranto to try the title to the office whether it was in him or in Field. The case attracted wide attention and was discussed with much bitterness by the public press. It was tried on the Circuit Judge Breese presiding. In that court the decision was in favor of the relator, but on the appeal of respondent, Field, to the Su- preme Court the decision of the Circuit Court was reversed. The decision of the Supreme Court gave very great dissatisfaction to the State administration and to the whole democratic party, because the question involved had become a party question. Much of the dis- satisfaction with the decision arose out of the fact a majority of the members of the court were whigs, viz. : Wilson, C. J. ; Browne and Lockwood, associate justices. Judge Smith was then the only democratic member of the Supreme Court, but he was an intense partisan politician, as will shortly be made to appear. The dissatisfaction of the democratic party 42 -Ulinois Supreme Court 1818. with the court was further intensified and in- creased by the apprehension the court would when the question should be presented, decide another question in its nature political against the views held by that party. It was a question in relation to the rights of certain persons of foreign birth residing in the State to vote at all general elections to be held under the laws of the State. It was expected all that class of persons would vote the democratic ticket and that was the interest that political party had in the question. The excitement was increased to a great degree by a statement made public to the effect the court had in advance before any case involving the question was in fact ready to be considered, had passed upon the question adversely to the views of the democratic majority in the Legislature, and had an opinion already prepared to that effect. The accusation caused great indignation in the minds of the whig members of the Supreme Court and they demanded the name of the author of the report. When his name was Itti First Judges Wilson. 48 made known it turned out it was Judge Smith, himself a member of the Court. The criticism upon the conduct of Judge Smith in that respect became so bitter, so intense, and so just he deemed it proper to join with the other members in a written statement that the report given out was untrue. The case of Spragins vs. Houghton, that had been pending so long in the Court was, however, finally decided, but the question concerning which a decision was most desired, was not passed upon by the Court. Judge Smith de- livered the most elaborate opinion and reached the conclusion, under the law every white male inhabitant having resided in the State six months immediately before any general election, and was above the age of twenty-one years, was entitled to vote, although he was neither a native nor a naturalized citizen of the United States. That was the view taken by the democratic party on that question. But as to that question and it was the only one involved the other judges, viz., 44 Illinois Supreme Court 1818. Wilson, C. J., Browne and Lockwood, JJ., expressed no opinion. They concurred in reversing the judgment of the trial court on the sole ground it did not appear defendant was guilty of the offense charged within the meaning of the statute under which the action was brought. Neither view taken of the case is well sustained. The constitutional provision is "in all elections all white male inhabitants above the age of twenty-one years having resided in the State six months next preceding the -election shall enjoy the right of an elector." The contention was the word "in- habitant" as used in the constitution did not mean he should be a native or a naturalized citizen of the United States. That the con- stitutional provision in this respect is bunglingly written may be admitted, but whatever the word "inhabitant" as therein used may mean it is certain it is not used in the sense it is else- where used in the constitution. The word "inhabitant" is used in the schedule to the constitution, but it is explained by the context Its First Judges Wilson. 45 to mean persons who were "actual residents of the State at the signing of the constitution." That meant that all persons residents of the State for six months might vote on the ques- tion of the adoption of the constitution and nothing more. That imposed no condition other than, the "inhabitant" fyad been a resi- dent for the requisite length of time. But does the other provision where the word ' 'inhab- itant" is used mean the same thing? It will hardly admit of the same construction. If it would include an educated man from enlight- ened Germany, it would by the same construc- tion include a densely ignorant man from ' 'Darkest Africa" if he happened to be white. It can hardly be the framers of the constitu- tion intended to use the word ' 'inhabitant" in that broad and extended sense that would make voters out of ignorant and vicious white men, no matter from what part of the earth they might come, after a short "actual" resi- dence in the State of six months. It could by no reasonable construction mean persons then 4(5 Illinois Supreme Court 1818. living in foreign countries. It is a more nat- ural construction, it included only persons dwelling in our own country and in that sense it would mean citizens of the United States. Roget in his Thesaurus of English Words gives "citizen" as an equivalent of "inhabitant." What is a citizen? It is a resident of a commonwealth or municipality having civic privileges. The constitution does not say the elector must be an ' 'inhabitant" of the State. The term is used in another sense that is anv "inhabitant" of the United States not of Ireland nor yet of the far off Isles of the Sea. Understanding the word in that better sense the constitution means any "white male inhabitant" or "citizen" of the United States of the age of twenty-one years "having resided in the State six months pre- ceding the election shall enjoy the right of an elector. " Nor is the opinion of the other judges any more satisfactory. Defendant was sued in a qui (am action to recover the penalty im- Its First Judges Wilson.. 47 posed upon a judge of an election who "shall knowingly admit any person to vote not quali- fied according to law." It was stipulated that when defendant received his vote he did not believe the voter was ' 'qualified according to law." That would seem to be conclusive against defendant. But the decision was rested on the further provision of the statute if a party offering to vote shall make an affi- davit of his qualifications, his vote shall be received unless other evidence is produced, the affidavit is false. But the voter in this case made no such affidavit and there was therefore no prima facie case made that would overcome the defendant's belief, he was not a qualified voter. The question of the guilt or innocence of defendant was not in- volved. It was agreed in the case submitted if the Court was of opinion the party whose vote was received was not a qualified voter according to the constitution and laws of this State "then judgment was to be entered against defendant, but if the Court was of opin- 48 Illinois Supreme Court 1818. ion the person whose vote was received "was a qualified voter according to the constitution and laws of the State, " then the suit was to be dismissed. That was really the only question in the case. The scienler was admitted so that the principal question only might come before the Court. Yet the three justices who made the decision, dodged, shun-piked, that question, which was the only point sub- mitted as a controverted question of law. Everything else was admitted, and there was absolutely nothing else to be decided. But all that did not satisfy the democratic majority of the Legislature. It was deter- mined to make it impossible for the Su- preme Court, as it was then organized, to decide any question in its nature political adversely to the views of the State adminis- tration. Accordingly, by the act of Febru- ary 10, 1841, the judiciary of the State was re-organized. The circuit judges were legislated out of office and five justices were added to the Supreme Court who were re- Its First Judges Wilson. 49 quired, together with the other members of that court to hold the circuit courts as the circuit judges had done. All the new justices elected or appointed members of the Supreme Court by the Legislature under that act, were democrats and that, it was thought, would give that party control of the Court in the decis- ion of any disturbing questions that might there- after be presented for decision. The action of the Legislature in thus seeking to control the de- cisions of the Supreme Court for partisan po- litical reasons, was revolutionary in its charac- ter and made a most dangerous precedent in popular government. Such a measure now, with such a purpose in view, would doubtless produce great agitation, and in all probability would result in violence. It would not be toler- ated now by the people of any party, and ought not to be. Impolitic as this measure was, the odium attaching to it was greatly re- lieved by the fact that all of the justices added to the Supreme Court under that act of the Legislature were men of eminent ability and 50 Illinois Supreme Court 1818. learning, and were all men of irreproachable private characters. Among them were Judge Sidney Breese, Judge Stephen A. Douglas, and Judge Samuel H. Treat, all of whom af- terwards became distinguished in the affairs of the State and Nation. Chief Justice Wil- son delivered the prevailing opinion of the Court in the People vs. Field in which Judge Lockwood concurred in a separate opinion. Judge Browne did not sit in the case on ac- count of some relationship to the relator. Judge Smith did not concur, and gave expres- sion to his views in a lengthy, dissenting opinion. Because Chief Justice Wilson wrote the principal opinion in the case, he was most unreasonably criticised by that part of the public press that sustained the action of the Govenor in his effort to remove the secretary of state. It is worthy of remark, however, that in all that bitter controversy there were no charges affecting the integrity of the members of the Court other than the alleged indiscreet conduct of Judge Smith in giving out informa- /&> First Judges Wilson. 51 tion which he afterwards deemed proper to re- tract because it was not true to the extent re- ported. Intense as the excitement was for the time, caused by the decision of the Supreme Court of a question in its nature political, it was not long before it ceased to create any discussion. Thereafter there does not appear to have been anything to direct public atten- tion to the Supreme Court or its chief justice. Daring his long incumbency of his high office, Chief Justice Wilson seems to have discharged his duties with such faithfulness and ability as to secure public approval. There was perhaps no adverse criticism of his judicial or private character during the remainder of his extended term of service. It is evident he must have been a man of learning and ability and of the highest personal character, otherwise he could not have had and retained through his entire term of service as chief justice the confidence and respect of his associates, among whom were Douglas, Breese, Lockwood, Treat, Keomer, Caton, and others equally dis- 52 Illinois Supreme Court 1818. tinguished for their legal learning. There is no place where the measure of a judge's men- tal strength can be more accurately taken than in the conference-room in daily contact with his associates through a series of years. Unless he is a man of legal learning, as well as of natural ability, he can not long sustain himself with any degree of credit in such a position. It is a high testimonial to his fitness for the position that Chief Justice Wilson had the esteem and confidence of his brother judges in so large a measure through nearly three decades of years. The written opinions of Chief Justice Wilson evince good ability and learning. The early cases were of no very considerable importance and there was no necessity to elaborate the opinions in them. His opin- ions are concise, and are clear and accurate judicial statements. In that respect they are the equal of any that have since been delivered by that Court. During his temporary appointment, Judge Its First Judges Wilson, 53 Wilson received a salary fixed by the constitu- tion, of $1,000 per annum, but it is probable that during the entire term of his service as chief justice he did not receive more than #1,000 per annum on an average. It was sometimes more and sometimes less. The act of January 18, 1825, did not purport to fix their salaries, but simply appropriated $600 per annum, for the years 1825 and 1826 for the chief justice and each associate justice of the Supreme Court. The act of February 19, 1827, did fix the salaries of the chief justice and associate justices each at $800 per annum, payable quarterly. That salary continued through a series of years. The constitutional provision, the salary of a judge of the Supreme Court should not be diminished during his con- tinuance in office, did not prohibit the Legisla- ture from increasing it. Accordingly their salaries were perhaps raised from $800 to #1,000 per annum. By the act of March 3, 1845, the salaries of the chief justices and as- sociate justices were fixed at $ i , 500 per annum, 54 Illinois Supreme Court 1818. excepting as to justices appointed subsequent to February 12, 1845, wno should each receive $1,000. That salary continued to the end of his service on the first Monday of December, 1848 about three years and was the high- est salary he received at any time during his incumbency of his high office. It is therefore probable that for the entire term he served as associate justice and as chief justice, through that long period of nearly thirty years, he re- ceived a sum less than thirty thousand dollars for his life work in the Supreme Court of the State. And yet it is conceded as the truth is he was one of the best and ablest judges the State ever had in its Supreme Court. It is said he lived well and entertained his friends generously and hospitably at his home. How that could be done on the compensation he re- ceived it is difficult now to understand. Chief Justice Wilson discharged the duties of his high office so quietly and so unostenta- tiously, he was scarcely known outside of the county where he resided and of the adjoining Its First Judges Wilson. 55 counties in which he held the Circuit Courts, except by the lawyers of the State. The re- mark is ventured that in the north part of the State there are now 1894 but few lawyers that ever knew where he lived or when he died. His name is .nowhere found in any state or national encyclopedia of biography, that the writer has had an opportunity to examine, and he believes it does not appear in any one. If written, his biography would be: He was born in Virginia, 1795, came to Illinois in 1817, was a judge of the Supreme Court of the State during the period intervening the years 1818 and 1849, went out of office with the determi- nation of the first constitution of the State, and died at his home near the little city of Carmi in White county in the year 1857. That and nothing more. His name has now perished from all popular recollection less than forty years since his death and if it had not been re- corded in the judicial records and published in the reports of the Supreme Court it would have long since ceased to be known even to the legal 5*5 Illinois Supreme Court 1818. profession. It is a singular fact that although he was a member of the Supreme Court for nearly three decades of years his name appears only in the nine first volumes of the reports of the decisions of the Supreme Court. Judge Walker's name, although a member of the Supreme Court for a shorter time, appears in ninety-three volumes of the reports as deliver- ing opinions of that Court. It is seen from what has been said of him that Judge Wilson's professional life consisted almost wholly of judicial labor. He had only been at the bar about one year when he be- came a member of the Supreme Court, and perhaps never after his election to that office did any labor outside of his official duties. It is not probable he ever managed a half dozen cases in the trial courts while he was at the bar. No mention is made of him by any of the earlier writers that he was ever a practicing lawyer. He left no literary work other than his judicial opinions, and, of course, they are never read by the common people, so there is It* First Judyes Wilson . 57 nothing to keep his name in popular recollec- tion. Because of his judicial life, little is writ- ten of him by the earlier State historians. Even Gov. Reynolds who was a member of the Supreme Court with him scarcely does more than to state the fact that at a certain date he was elected or appointed by the Gen- eral Assembly an associate justice of the Supreme Court, and that at a later date he was elected chief justice of the same Court. The accounts given of him by other historians are not much more elaborated. Little else is written of him other than to record the date and place of his birth, to state the title of the official posi- tion he held it was in fact but one and to make a brief note of the time and place of his death. Brief and simple as is the biography of Chief Justice Wilson, his life and official la- bors have affected for good the affairs of State to as great an extent, perhaps, as the life and la- bors of any other man that ever lived in it. And yet how little is known concerning him even by the legal profession. But his life in that re- 5H lllmuiti Supreme Court 1818. spect accords with an acknowledged truth in the history of the judiciary. It is that a judge however learned and eminent he may have been in his day has but little if any posthumous fame. The great jurist and the just magistrate toils and labors through a lifetime and dies and all personal recollection of him soon fails from the memory of all for whom he toiled and labored. A generation does not pass be- fore he is nearly or quite forgotten. It is known some one rendered valuable services to the State and builded a system of jurisprudence that prevails to -protect the rights of persons and property, but who it was and when it was the great mass of the people neither know nor care. The author of much that is good and valuable in the jurisprudence of the State, with- out which there can be no civilization or dwell- ing together in safety in communities or in municipalities, after the lapse of a few decades of years is as unknown as though he had never lived, although he may still be living in the shadows and dimness of old age. Later there //.s First Judges Wilson. 59 will be in the public press a brief announce- ment that he is dead, and that is the end. So obscured by the failing memory of man have his life and works become, the historian will take but little notice of him or what he did. On the contrary the mere politician who had made much noise in his day, and who had perhaps accomplished but little of any worth to his state or nation, and the military chieftain who had led men to conflict and to death are accorded a fame that is endless in its duration. Historians record their achievements as though they constituted all that is worth the knowing or of sufficient importance in individual, or state, or national history to be written for the study of mankind. The name of him who silently accomplished most good for human- ity and the public welfare perishes from the memory of man. It is so with judicial fame. For what is judicial fame? "It is even a vapor that continueth for a little time and then vanisheth away." 60 Illinois Supreme Court 1818. CHAPTER IV. JOSEPH PHILLIPS. His Election a Judge, a Politician, The first chief justice of the Supreme Court of Illinois was Joseph Phillips. He was appointed on the gth day of October, 1818, to that high office on joint ballot by the Legisla- ture then in session at Kaskaskia. That was before the State was admitted into the Union. Little was done at that session of the Legisla- ture beyond electing the State officers to serve when the State should be admitted into the Union. Kaskaskia had been the capital of the Illinois Territory since its organization in 1809, and was the capital of the new State for a brief time. There is much of romance in its Its First Judges Phillips. 61 history. It was the seat of empire during the French and English occupation. Near by was situated the historic fort known as ' ' Fort Chartres. " When builded it was perhaps the strongest fortress on the continent. The capital house in Kaskaskia in which all the sessions of the Territorial Legislatures and some of the sessions of the new State Legislatures were held was one of some pre- tension, for that age. It was situated in a public square not far from the center of the village. It was builded of rough uncut lime- stone, with gables and roof enclosed with unpainted boards and shingles, and had dor- mer windows. It was rather an imposing structure for that age, builded as it was in the midst of the wilderness. The rather ad- vanced state of civilization at Kaskaskia at- tracted to that little village many noted men with their families. Rough builded as that old capital house was, it contained within its walls in the days of its splendor many brilliant gatherings of gallant men and fair ladies not ti2 Illinois Supreme Court 1818. surpassed in gallantry and beauty by any social assemblages elsewhere on the continent at that period of American history. It was in fact the "Centre of life and fashion in the West." The glory of that classic village in which the first capital of Illinois was located, and where the first sessions of the Supreme Court were held, has long since departed. Neither the capital building nor Fort Chartres remain and the village itself now 1894 consists of little more than a few time-worn and much decayed small houses. They, too, will soon perish and all that will remain of that once famous village, whose foundations were laid in the wild wilder- ness where the cruel Indian roamed and mur- dered where his savage will directed, will be, its more than two centuries of history. But that will be, when written, of most intense in- terest. It was in that village and amid those surroundings that Judge Phillips had his resi- dence after his coming to the Illinois country. He was always recognized as having that social worth that gave him a position among the best /^.s First Judges Phillips. 6tt and most refined people with whom he dwelt. There does not seem to be any very full bio- graphical account of Judge Phillips given by any of the earlier writers, some of whom were personally acquainted with him. It is said he was born in Tennessee. It is certain, however, he was a man of scholarly attainments per- haps had a classical education. His contem- poraries always spoke of him as a dignified and pleasant gentleman and as a man of the highest standing as a citizen. It is said he had been a captain in the regular army of the United States and was in the service during the war of 1812 perphaps in Illinois a part of the time. Later he was secretary of the Illi- nois Territory. No one whose writings have been examined mention his age nor anything concerning his family. . It is evident from his public services he must have been a man quite well advanced in life when he was appointed chief justice of the Supreme Court of the State. It is the uniform testimony of his contemporaries he was a man of talent, well educated, and of 64 Illinois Supreme Court 1818. unexceptionable private character. It is to be regretted, more is not known of his personal history. The private life of anyone assists greatly in appreciating his public life and services. Chief Justice Phillips was not present at the December term, 1819, of the Supreme Court held at Kaskaskia, but he was present at the July term, 1820, held at the same place. But little business, however, was transacted at that term of Court. He was also present at the December term, 1820, of the Supreme Court held at Vandalia. So far as appears from the reports of cases determined in the Supreme Court that was the last term of that Court he attended. It is probable, however, he was present at the sessions held in 1821, but there is no report of cases during that year. No cases are reported in Breese's Reports or else- where where the opinions of the Court appear to have been written by Chief Justice Phillips during the entire time nearly fouY years he was a member of the Court. This may be Its First Judges Phillips. 65 accounted for because of two facts: ist, It does not appear who wrote any of the opinions prior to the December term, 1822, and he had re- signed before that time; and 2nd, No cases are reported as having been decided between the December term, 1820, and the December term, 1822. Doubtless there were sessions of the Court during this time and cases decided in which opinions were written. It is known a term of Court was held in December, 1821, and one case was decided. It is said the opinions filed at that term of Court were consumed in the burning of the bank building at Vandalia where the records of the Supreme Court were kept. It is a matter of much regret, it does not ap- pear what opinions were written by Chief Jus- tice Phillips. They would aid in obtaining a better understanding of his legal knowledge and of his ability as a writer. All opinions written in cases during his term of service were by "The Court." Of course it can never be known which one of the judges wrote any par- ticular one of the published opinions of the 66 Illinois Supreme Court 1818. Court during the first four years of its exist- ence. But the opinions written during that time are a great credit to the Court as a body and to the judges of whom it was composed. Their opinions are brief and terse, and vigor- ous statements, and are remarkable for the accuracy of the propositions of law formulated. Indeed, they are not much more elaborate than are the agenda notes now made by the judges of the Supreme Court when the case is decided. A very large per cent of the opin- ions of the Court during the time of Chief Jus- tice Phillips are still recognized as sound law and very few of them have ever been over- ruled. Most of them are models of terse and accurate statement. No doubt Chief Justice Phillips wrote his full share of the opinions of the Court delivered when he was chief justice and if so they are highly creditable to him as a lawyer and as a judge. Judge Phillips was ambitious to become distinguished in politics. Indeed, he had more fondness for politics than for the law. In 1822 Itti First Judges Phillips. 67 he became a candidate for governor of the State. Before he commenced the canvass he had the good sense and decency to resign his office of judge which he did on the 4th day of July, 1822. Judge Phillips ran on what was then called the pro-slavery ticket. He was beaten by Gov. Edward Coles the anti-slav- ery candidate. It is more than probable Judge Phillips would have been elected had Judge Thomas C. Browne, of the Supreme Court, not been a candidate for governor at the same election. It was said Judge Browne was brought out as a candidate by the friends of Judge Phillips under the belief his candidacy would be of advantage to him. If so it was a grave mistake. Judge Browne was also an ultra pro-slavery man. He resided in Galla- tin county, in that part of the State where the pro-slavery sentiment was strongest. Judge Browne proved to be a very popular candidate and received a large per cent of the pro-slavery vote. Indeed he received within a few hun- dred votes of as many votes as Judge Phillips Illinois HujtrfiiH' Court himself. Gen. James B. Moore was also a candidate for governor at the same election. What the effect of his candidacy was, can hardly be ascertained at this late day, but it is believed it was injurious to Judge Phillips. All the anti-slavery vote was concentrated on Gov. Coles and of course the votes cast for Gen. Moore were in all probability so many votes taken from Judge Phillips, who was the leading candidate of the pro-slavery party and the one that party expected to elect. Not- withstanding all these adverse circumstances, Gov. Coles was only elected by a plurality of fifty votes over Judge Phillips. He was, in fact, elected by less than one-third of the whole vote cast at that election. The administration of Gov. Coles was and is noted for the great slavery agitation that occurred during his term of office. An effort was made to call a con- vention to amend the constitution that slavery might be introduced and made lawful in all the State as it had been in the old French villages. Before it ended the contest became an in- Itn Firxt Judges Phillips. 69 tensely bitter one as all contentions are where human slavery is involved. Judge Phillips was an active and earnest advocate and sup- porter of the measure intended by its friends to make it possible to introduce slavery into the State. Although a native of Virginia Gov. Coles was a pronounced anti-slavery man both in sentiment and in every act of his life. He brought his slaves from Virginia to Illinois and not only gave them their freedom but he pro- vided homes for them. On account of his humane acts in this respect he was relentlessly persecuted and prosecuted at law by the pro- slavery propagandists. His opposition to call- ing a convention to amend the constitution to admit the introduction of slavery has made him famous in our State history and justly so for he was a pure patriot and a man of most resolute purpose for and in behalf of the right. His defense of freedom and free institutions was brave and heroic and worthy the highest statesmanship. But after all that fierce bat- tle of words and ballots, no matter what might 70 Illinois Supreme Court 1818. have been its termination, could not have af- fected in any permanent degree the question of human slavery in the State. It was really a contest about nothing. Neither freedom nor slavery was in fact involved. Back of all con- stitutions of the States in the old Northwest was the famous Ordinance of 1787, that interdicted forever slavery in all the States to be carved out of that territory. No matter how the people of the State might vote nor how they might amend their constitution, that beneficent ordi- nance, having the sanction of an eternal compact with all the old States of the Union, its interdic- tion of slavery in all that broad domain, should not be removed or suspended without their con- sent, had before that time attached itself upon land covered by its provisions and consecrated it to freedom forever. It was not in the power of the people of Illinois then or at any other time to remove that impassible barrier to the introduction of slavery into the State. The benedictions of that sublime ordinance had fallen upon that beautiful land with its forests Its First Judges Phillips. 71 and its rivers and its plains there to rest forever and made it a land fit for the homes of freemen. The only thing mentioned by the earlier writers to the discredit of Judge Phillips is an incident that occurred in connection with the slavery agitation during the administration of Gov. Coles and which was first related by Gov. Ford in his history of Illinois. It is said that on the night after the passage of what is known as the "Convention Resolution" he joined with the friends of that measure in a celebra- tion of their triumph a celebration that took on the form of a great carousal. A procession was formed consisting of the pro-slavery mem- bers of the Legislature and other sympathizers with the measure, that happened to be in Van- dalia at the time. Among that most disorderly crowd of noise-makers were Judge Phillips, Judge Smith, and Judge Thomas Reynolds the latter then chief justice of the Supreme Court of the State. They marched to the residence of Gov. Coles, blowing tin-horns and beating drums and tin-pans and by other wild 72 Illinois Sa/>i^iin j Court 18 IX. and disgraceful conduct manifested their grat- ification at their triumph over Gov. Coles who had opposed the passage of the " Convention Resolution, " on grounds of public policy. Even Gov. John Reynolds who labored for and voted for Judge Phillips at the election when he was a candidate for governor and who was himself an ultra pro-slavery man down to the time of his death, condemns this disgraceful manifes- tation of disrespect to the governor of the State in unmeasured terms in his "Life and Times." The conduct of Judge Phillips on that occasion was ill-suited to his otherwise high and dignified character. Even his best friends could find no apology for his unworthy conduct unless it was to place it on the ground he was controlled by that intolerant spirit of slavery that sought to dominate all things in State and National affairs that offered opposi- tion to its progress. It is strange, but true, that in respect to slavery, men would always act and talk with less good sense than in re- spect to any other matters that affect the pub- Its First Judges Phillips. 73 lie welfare. Happily for the peaceful order of this country when that intolerant spirit of slav- ery became most defiant and boastful of its power in all political matters and attempted to disrupt the Union of the States by a resort to armed force, it was itself overthrown and destroyed in that conflict when freedom as- serted its right to rule in the Nation, and said to the hateful spirit of slavery ' 'thy intolerance and oppressions shall perish from the face of the earth. " It is a matter of much regret that Judge Phillips so far forgot his dignity of char- acter as to take any part in that disgraceful celebration of the passage of the ' 'Convention Resolution. " It was all the more unbecoming in him, because Gov. Coles had been his op- ponent in the late election for governor. Judge Phillips was much disappointed and deeply chagrined at his defeat for governor. Mis- sing the object of his highest ambition by only a few votes produced great disappointment. It cast a shadow over his political life out of which he did not seem able to emerge. He 74 Illinois Supreme Court 1818. had lost his place on the bench of the Su- preme Court of the State, which he could not recover as it had then been filled by another and that perhaps added much to his troubled life. Within a few years after his defeat for governor he left the State and went back to Tennessee. It has not been practicable to ob- tain any account of his subsequent history that would be of any public interest. There is no reason to doubt that his later life was as hon- orable as it had been in this State. Had Judge Phillips continued on the bench of the Su- preme Court of the State and eschewed poli- tics, his services would have been as valuable and he would have builded for himself a repu- tation equal to that of anyone that ever occu- pied a seat in that high tribunal. Its First Judges Browne. 75 CHAPTER V. THOMAS C. BROWNE. His Election Judicial Services. Thomas C. Browne was one of the justices of the Supreme Court of Illinois from the Qth day of October, 1818, until the first Monday of December, 1848. That period covered the entire time the constitution of 1818 was in force. It was an important epoch in the judi- cial history of the State. It was a time when our institutions were taking form and becom- ing established. It fell to the lot of Judge Browne, as it does to but few men, to be- come a pioneer in the work of construct- ing a judicial system for a new State. It was his great privilege to assist in creating 7ti Illinois Supreme Court 1818. that system of jurisprudence since become the pride and glory of the commonwealth. Back of his time there had been no State judicial system. It had to be created anew. No pre- cedents of our making existed to guide the judges in their determination of causes sub- mitted for decision. They had also to be cre- ated. The work of precedent-making in the new commonwealth was one of exceeding great importance. Nothing affects so profoundly the welfare of the State and to so great degree as its jurisprudence. It is that which is to es- tablish order and peace and give protection to organized society. In a measure it was creat- ing law for a new commonwealth. No grander work ever engaged the thoughts and labors of men. In that great work it may be said he did his full proportion of the labor necessary to establish precedents and rules of procedure and principles that will endure through the centuries, to assist in the pure and exact admin- istration of the law from which comes right and justice to the citizen. Its First Judges Brmvne. 77 No data at hand exists from which the date of his birth can be ascertained with any degree of certainty. Gov. Reynolds, although a mem- ber of the Supreme Court with him, in the ac- count given of Judge Browne in his pioneer his- tory does not mention his age or date of birth. He was a native of Kentucky. But little is written of his ancestors or his early life and education not so much as it would be of in- terest to know. He came to Illinois in 1812 and located at Shawneetown to make for him- self a new home in the country in which his life work was to be done. It is related of him that before leaving Kentucky he had studied law so that on his coming to this state he was prepared to and did perhaps soon enter upon the practice of his profession. All lawyers at that early day seem to have had quite as much if not more fondness for politics than for the law. Judge Browne was no exception to that general rule. Within two years after his coming to the Illinois Territory he entered upon the work of office seeking and office getting a work in 78 Illinois Supreme Court 1818. which he was quite successful. He did not practice his profession for any great length of time. Office seeking seems to have been a mania of that period and became a mad pas- sion with all professional men lawyers, doc- tors, and even ministers of our holy religion and other professional teachers became at- tracted within the maelstrom of politics. Then, as now, political life was a checkered one. It was crowded full of successes and failures. Even success did not bring with it the satis- faction anticipated. And the one to whom failures came, most often went down in a sorrowful life. In 1814 Judge Browne was elected a member of the House of the Terri- torial Legislature as a representative from Gallatin county. In 1816 he was a member of the Legislative Council of the Territorial Legislature. That was the last Territorial Legislature before the State was admitted into the Union. He was appointed attorney for the district in which Gallatin county is sit- uated in 1815 and probably continued in that Its First Judges Browne. 79 office, whatever it was, until the State govern- ment was organized. On the organization of the State government in 1818 he was on joint ballot of both Houses of the Legislature chosen one of the associate justices of the Supreme Court of the new State shortly to be admitted into the Union. He was re-elected in the same way a member of the same Court on the igth day of January, 1825, and thereafter held the office until the first Monday in December, 1848, when the old constitution was superceded by the new one of the latter year. He then re- tired to private life and nothing more was heard of him. Later there was a brief announcement of his death and nothing more. That was the end of one whose life had been a benediction to the State. Writers concerning the period in which Judge Browne lived speak very favorably of him as a man of the highest personal integrity and as a worthy judge for the time in which he served in that capacity. On the circuit he was a most valuable judge and administered 80 Illinois Supreme Court 1818. the law as he understood it, with the strictest impartiality to all alike that had business in the Court where he presided. In that respect his character is without the slightest smirch or re- proach. Of him a writer who knew him well Gov. Reynolds says, ' ' honor, integrity, and fidelity are prominent traits in his charac- ter. " His acts in private life and the discharge of his official duties in every position he held had the approval of the public in as large a measure as was accorded to the best men of the same period. It was never claimed for Judge Browne that he was a man of any very great literary attainments or that he was a very profound lawyer. But it is due to his memory to say as the truth is, he was a good judge on account of his integrity of character and his valuable practical sense in all matters of business. Good business sense in a judge is a quality much more to be desired than very great legal learning, and if either is to be left out in the make-up of a judge, the man pos- sessed of most common sense is always the Its First Judges Browne. 81 better judge. But it must not be understood he was not a man of fair legal attainments. In that respect he was superior to many of the lawyers of his day then resident in the State. A futile attempt was made in 1843 to i m - peach Judge Browne ' 'for want of capacity to discharge the duties of his office" of judge of the Supreme Court. It is now and was then conceded, the institution of the impeachment proceedings had not the slightest support in fact. His prosecutors or more properly his persecutors were utterly confounded by the unanimity with which men of all political views rallied to his support. Judge Browne was a pronounced whig, but he found as many friends among the democratic members of the Legis- ture as among the members of his own politi- cal faith. The prompt and nearly unanimous concurrence of the members of the Legislature irrespective of party affiliations in dismissing the impeachment proceedings against him was a most complete vindication of the character of Judge Browne as a judge and as a citizen. 82 Illinois Supreme Court 1818. It was a splendid triumph for the good judge and one of which he might well be proud. An impression has somehow become quite general that Judge Browne although a justice of the Supreme Court for nearly or quite thirty years, never, during all that time, wrote an opinion of the Court. How such a groundless accusation could ever have obtained currency it is impossible to even conjecture. Nothing can be farther from the truth. The story is now told as though it was fact well known. It has been so persistently and so often repeated it has found a place in most of the recent historical writings. The origin of the story is as unknown as is the origin of tra- dition and like tradition it comes out of the unknown and will run on until there shall cease to be any belief in the unascertainable. Had it been said of Chief Justice Phillips ' 'his opinions are not found in the reports" the statement would have had apparent support in the fact, no opinions do appear in his name in the official reports not one. But the sup- Its First Judges Browne, 83 port is more apparent than real. The ability and legal learning of Chief Justice Phillips was acknowledged by the bar and no one doubts, he wrote his full share of the opinions ' ' Per Curiam" none others are reported during his term written while he was on the bench of the Supreme Court. It is to be regretted, so many eminent gentlemen who are known to be most familiar with the legal history of the State, should have given the sanction of their names to establish this idle story. It was done thoughtlessly, without any intention to disparage the reputation of Judge Browne. But it is time, however, to correct these in- accurate statements, inadvertently made, so hurtful to his reputation. In a brief address made at a banquet given by the "Illinois State Bar Association," Judge Trumbull who practiced in the Supreme Court when Judge Browne was on the bench and who was himself afterwards a member of that Court, in speaking of Judge Browne is reported to have said, "His opinions are not to be found in the reports, I be- 84 Illinois Supreme Court 1818. lieve, and although he sat upon the Supreme Bench for thirty years I do not recollect of but one opinion of his appearing in the reports and that, I believe, on an investigation that took place in the Legislature, was proved to have been written by somebody else." If he is cor- rectly reported his utterance is a matter of sur- prise. The statement sounds very strangely to one at all acquainted with the earlier Illi- nois Supreme Court reports. It was not the intention of the speaker and no such motive is imputed to him to speak unkindly of Judge Browne. No such thought was in his mind for elsewhere in the same address he speaks beautiful words of highest commendation of him. It is singular that one so familiar with the early Illinois reports did not recall the fact without any previous reflection that Breese's Reports and also the first, second, and third volumes of Scammon's Reports, contained quite a considerable number of Judge Browne's opinions. The first volume of Scammon's Re- ports alone contains seventeen opinions written Its First Judges Browne. 85 by Judge Browne at least the reporter so states. In the same address this great jurist unwittingly gave the weight of his reputation in support of another silly story in relation to Judge Browne, invented by some one with a liveliness of fancy, to show that his brethren regarded him as wanting in capacity to fitly discharge the duties of a justice of the high Court of which he was a member. The al- leged incident related is, that when the chief justice asked him his opinion touching a ques- tion involved in a case being considered con- cerning which the views of the members of the Court were not in harmony, Judge Browne, instead of giving his vote at once, picked up his hat and was about to leave the conference room, when the chief justice remarked to him, ' 'You may as well guess now as ever, Judge. " It is hardly probable the remark was ever made, but if it was, it must have been in a playful sense and not intended to be either disrespectful or offensive to Judge Browne. There is no place where the amenities of life 86 Illinois Supreme Court 1818. are better or more scrupulously observed than in the conference-room when the business of the Court is being transacted. It is incred- ible that either Chief Justice Wilson, or any other member of the Court, would have been guilty of such insolence as to have made the remark to Judge Browne in the sense it is now intended it should be understood. Chief Jus- tice Wilson is represented to have been a modest and rather diffident man and it is improbable in the highest degree that he would ever have assumed that superiority over Judge Browne, or anybody else, that is implied in the remark imputed to him. The story itself, as now told, is derogatory to the high character of the other members of the Court. It is doubtless a sheer fabrication without the semblance of truth in its support. In his work entitled the "Bench and Bar of Illinois," Judge Caton, who had himself been a member of the Su- preme Court with him, repeats the same story that Judge Browne never wrote an opinion of the Court. After he had been on the bench Its First Judges Browne. 87 twenty-four years he says, ' ' During all that time I have reason to believe that he never wrote one opinion." The period to which he makes reference must have been that which intervened between his appointment in 1818 and the institution of the impeachment pro- ceedings in 1843. It may be true Judge Browne did not write as many opinions as some other members of the Court during that period. No one of them wrote very many opinions for the obvious reason there were but few to write. As elsewhere stated there was a time when it did not appear from the reports of the cases determined in the Supreme Court who wrote the opinions. How many of the opinions Per Curiam, Judge Browne may have written of course can never be known. But it does appear from the official reports of causes decided and by whom the opinions were writ- ten that during that period of twenty-five years, Judge Browne is given credit for having written at least as many as forty-three opinions and the reporter in every case says "Browne, 88 Illinois Supreme Court 1818. justice, delivered the opinion of the Court." That is some evidence though not conclusive that he wrote the opinions appearing in his name. In the absence of any contradictory evidence it ought to be regarded as sufficient proof of the fact. The opinions of Judge Browne first appear in Breese's Reports and are continued in the first, second, and third volumes of Scammon's Reports. There may have been satisfactory reasons why Judge Browne did not write more during the years to which reference is made. That he did not write more opinions is not the slightest evi- dence of want of capacity. Since his time there have been judges of the Supreme Court excellent and able judges who did not like to write opinions, and it is no doubt true they would have written but few opinions if they could have avoided the work. One of the best and most untiring workers in the confer- ence-room the Court ever had, was most re- luctant to do the labor of writing opinions. Further mention will be made to him later. Its First Judges Brmvne. 89 It will be remembered that during the twenty- four years next succeeding the organization of the Supreme Court the number of cases sub- mitted for decisions were inconsiderable not averaging more than perhaps thirty cases in a year. The cases appear from the official reports with few exceptions, to have been of no con- siderable importance and no very difficult questions arose for discussion and no doubt any member of the Court who may have liked the work could have written in all of them, sub- mitted in any one year, in a brief time without being overworked. It is quite certain the labor of preparing all the opinions written by the members of the Court in any year could have been done by one man in the space of a month or six weeks at longest. At the September term, 1875, of the Supreme Court, there were submitted for decisions five hundred and thirty- two cases. In the agenda kept by Judge Breese at that term there are brief notes of the points decided in every case and with the exception of a few cases the notes are all in his yO Illinois Supreme Court 1818. handwriting. Perhaps in three or four of the cases the notes are in the handwriting of the reporter and were doubtless written as dictated by Judge Breese. The opinion is ventured there was nearly as much labor, if not more, done on the cases submitted at that single term than upon all the cases submitted in any period of ten years of the existence of the Supreme Court prior to 1848. It is also true that after the third volume of Scammon's Reports and only three are found in that volume Judge Browne's opinions cease to appear and none others are thereafter re- ported during his time of service. But there is an excusable reason for his omission to write opinions at that time. The opinions in 3d Scammon's Reports are in cases decided in 1841 and in 1842. Judge Browne had then been on the bench nearly twenty-four years and it is probable he had then become quite advanced in life. He had certainly reached that age when men do not perform either mental or physical labor with as much facility Its First Judges Browne. 91 as do younger men. It will be recollected the Supreme Court was re-organized and five judges added under the act of February 10, 1841. Most of the new judges added were men of unusual ability and learning and per- haps all of them were much younger than the judges then on the bench. It is no doubt true they were ambitious to write opinions and in that way bring themselves into public notice. At all events the new judges did write most of the opinions from that time on until the Court ceased to exist Even a mere casual examina- tion will disclose that Wilson and Lockwood wrote fewer opinions after the re-organization of the Court under the act of 1841. Judge Smith resigned about that time December 26, 1842. It is traditional it was a struggle with the new judges appointed under the act of 1 84 1 as to who should get the cases to write the opinions. That fact explains why the older judges wrote so few opinions in the later years of the existence of the Court under the constitution of 1818. 92 Illinois Supreme Court 1818. It is a regretful matter, the "reason" that induced the belief that "he" Judge Browne "never wrote an opinion" during the first twenty-four years he was on the Su- preme Bench is not stated. It is, however, said that Judge Breese testified before the Legislature, "he wrote an opinion that ap- pears in the reports to be credited to Judge Browne." It would be a matter of curious in- terest, at least, if it had been designated by name or otherwise the case wherein the opinion it is said, either ' 'Judge Breese" or ' ' somebody else " wrote for Judge Browne among the consider- able number that appear in his name. Who- ever may attempt to do that will find that he has undertaken a very difficult task. But who wrote the other opinions for him ? Nobody claims Judge Breese wrote all the opinions that are reported as having been delivered by Judge Browne and certainly there is not so marked a difference in the expression or style of composition as to induce the belief they are the work of more than one writer. But aside Its First Judges Browne. 93 from that view, at the time it is said Judge Breese testified before the Legislature, if there had been the slightest suspicion that other persons had written opinions for Judge Browne the bitterness and malice of his accusers would have discovered and presented the evi- dence if any existed. It is known Judge Breese served with him on the Supreme Bench from February, 1841, until he resigned in 1842, and if others had written opinions for Judge Browne he would certainly have known it and the fact could have been proved by him when he was on the witness stand. But no such thing was done or offered to be done. After all it is not a matter that militates in any degree against the judicial capacity of Judge Browne that one opinion, credited to him by the reporter, may have been in fact written by a brother judge in the same Court with him. It has frequently occurred that an opinion written by one mem- ber of the Court appears in the reports in the name of another. Many instances might be cited in the Supreme Court of this State where 94 Illinois Supreme Court 1818. the opinion appears in the name of a certain justice when in fact it was written by another member of the Court. It is not intended to intimate in the remotest degree, there was anything improper in the publication of an opinion in the name of one member of the Court when in fact it was written by another member of the same Court. Not at all. At most it is not a matter of much consequence. It is the opinion of the Court and it matters little to what member of the Court is given the credit of writing it. It is also known that in the reports of the Supreme Courts of other States opinions sometimes appear in the name of one judge which were in fact written by an- other. There have been members of the Su- preme Court of this State other than Judge Browne that did not like to write opinions. One judge who came to the bench of the Supreme Court late in life never seemed to acquire any taste for writing opinions and it is hardly probable he would have written any, if other members of the Court could have been induced Its First Judges Browne. 95 to do his work for him. Another member of the Court is recalled who did not like to do any labor that had to be done in the solitude of the pri- vate study. He had a strange dislike to working alone or even being alone. In the conference room when his brethren were pres- ent he would write opinions or anything else to be written but so soon as they would leave he would also leave. If is singular what a difference there is in the mental peculiarities of judges. No two members of the Illinois Supreme Court were ever alike in their tastes or habits or mental endowments. One of them Judge Walker had a liking, amounting to a passion, for writing opinions and at the time of his death had written more opinions than any judge who, before that time, had been a member of the Court. Another one was re- luctant to write opinions at all, and did not in fact write many. Another never wanted an opinion reported in his name. An idiosyn- crasy that existed in the minds of some members of the Court often led them to omit 96 Illinois Supreme Court 1818. their names and mark their opinions "Per Curiam" Why this was done, no judge who did it could rarely if ever assign any reason for so doing that would be even satisfactory to himself. An instance is, where Judge Schol- field, who was one of the ablest judges the Court ever had, wrote a most excellent opinion and instead of attaching his name to it, marked it "Per Curiam" and in that form it went into the reports. It turned out to be considered by the bar of this State and elsewhere to be one of the ablest opinions he ever wrote, and it was a matter he could never understand why he did not have it reported under his own name. As noted elsewhere, all of the first opinions of the Supreme Court, on its organization, were headed "Opinion by the Court." That practice continued until Hon. Thomas Rey- nolds became Chief Justice, on the resignation of Chief Justice Philips. Even then it seems to have been reluctantly abandoned by the other justices. It is said that Chancellor Kent, when he became a member of the Supreme Its First Judges Browne. 97 Court, introduced the practice of reducing the opinions of the court to writing. Before that time they had been delivered orally. The plan did not meet with much favor. Some of the judges did not like to write opinions. It is said Chief Justice Kent wrote most of the opinions of one term, but headed them "Per Curiam" so that it might not appear to the public that he wrote more than a due propor- tion of the opinions of the court. It may be the same reluctance to writing opinions existed in the judicial habits of Judge Browne as in other judges, and if so he should not be too much disparaged on that account. With the exception of Governor Reynolds, who knew him best, state historians have not always been quite just to Judge Browne. Stories having no foundation in fact, told of him intended to show want of capacity for the judicial office he occupied through so long a series of years, have been given a place in their writings and much prominence has been given to criticisms of his official acts made by 98 Illinois Supreme Court 1818. those unfriendly to him, without giving at the same time matters that would apologize for apparent blemishes in his judicial character. A recent writer, in speaking of some of the early judges of the State, in referring to him, says he was ' 'laughed at and despised by many lawyers." Among his contemporaries, Judge Browne seems to have been held in highest esteem for his personal worth. Such early writers as Judge Caton, Governor Reynolds, and others accord him highest praise as an upright and faithful magistrate. Their testi- mony in this respect is in pleasing contrast with the imputation of unworthiness implied in the conduct attributed ''to many lawyers." Even the best friends of Judge Browne will not insist his opinions show any great learning or ability. But that is not at all strange. The cases in which he wrote involved no questions of law that require any display either of ability or great learning to elaborate. His opinions are plain, common-sense statements, and that is all the cases demanded. Some of the prin- It* First Judges Browne. 99 ciples stated by him and some of the rules of practice formulated by him remain the law to this day and have not been departed from by the Courts. Although Judge Browne wrote no opinions after those appearing in 3rd Scammon's Reports, yet on more than one occasion he ex- pressed very many judicious views in dissent- ing opinions. On reading the cases in the light of a better knowledge of the law his views are the better law than that expressed in the prevailing opinion of the Court. Of him Judge Caton said he ' ' had very distinct views of his own on questions that came before him for de- cision. " Especially when questions of equal civil rights before the law were involved, Judge Browne always maintained the rights of all persons whether white or black to the en- joyment of these inalienable privileges. His vote in the Court was always cast in favor of freedom, right, and justice. That was a crowning excellence in his character and one that will be appreciated when others who may have written more opinions than he did will have been forgotten. 100 Illinois Supreme Court 1818. CHAPTER VI. JOHN REYNOLDS. A Student, a Lawyer, and a Judge. The only one of the four persons appointed to the office of judge of the Supreme Court of Illinois on the 9th day of October, 1818, that achieved any fame that is at all likely to be enduring, was John Reynolds. That, it will be seen, is not on account of his judicial labors, but in consequence of his connections with the civil and military affairs of the State and of his literary work. His service on the bench brought him no reputation either as a lawyer or as a judge. It was the minor portion of what he did. Had he done nothing more than he accomplished during his brief judicial Its First Judges Reynolds. 101 career, his life work would have been a failure. But in other fields of labor he achieved a suc- cess that will make his name to be known and be held in popular remembrance by the com- ing generations. It is said of him, by one who knew him well, "he was a unique character and the most interesting figure in our State's early history." The subject of this sketch John Reynolds was born on the 26th day of February, 1788, in Montgomery county, in the State of Penn- sylvania. Afterwards his father moved his family to Tennessee and from that state he came to Illinois, perhaps in 1800. His father and mother were both born in Ireland, and after their marriage came to America in 1785. Their religious affiliations were with the prot- estants in their fatherland. It is most prob- able they were Scotch- Irish certainly his mother, whose maiden name was Margaret Moore, was of that race. His father Robert Reynolds made it a matter of boasting that his ancestors belonged to the ' ' Milesian race, " 102 Illinois Supreme Court 1818. and that not a drop of English blood flowed in his veins. It was the opinion of the subject of this sketch that his father may have been mistaken and that in fact the Reynolds family was of English origin. Be that as it may, it seems certain his mother Margaret Moore was Scotch-Irish. It is said she was a woman of great mental vigor and was doubtless much superior to the familyof her husband. In per- sonal appearance Judge Reynolds much re- sembled the Scotch-Irish and the blood of that hardy and vigorous race that in all prob- ability flowed in his veins, in some degree dominated his whole character and gave it that force that enabled him to achieve suc- cess. He was tall, probably above six feet in height was stout and strong, and was what would be called a muscular man may be an athlete. His hair was never very heavy, yet there was no tendency to baldness, even in old age. In color his eyes were blue, rather restless, and wore a dreamy expression, seldom indicating any emotion. Socially he Its First Judges Reynolds. 103 was always most interesting. A charm of his life was his conversation not so much on ac- count of what he said as the manner in which he said it. As an interesting conversationalist he excelled most men. In all social coming together and in all casual meetings he was the one that attracted most attention by his cheer- ful conversation and cordial and unaffected manners. Everyone gathered near him to hear him talk. And yet what he said and even what he did was a strange mixture of sense and nonsense. Perhaps, had his social conversations been literally reported what he said would have been regarded as little else other than mere jargon. He was fond of anecdote and related with greatest zest incidents con- nected with his own and others' personal his- tory. He liked a good story and relished it none the less because he might be the subject of its humor unless, however, the incident re- lated might seem to reflect upon the integrity of his character or upon his judicial conduct. He was always the central attraction in every 104 Illinois Supreme Court 1818. group of friends in the midst of whom he might happen to be. In his casual meeting with persons on the street or elsewhere he al- ways had a pleasant word to say to them, and everyone seemed always glad to meet him. He knew most persons he met and often called them by their given names especially his cor- dial greetings of young people whom he might chance to meet were greatly appreciated by them. By persons of near his own age he was most generally spoken of as the ' ' Old Ranger. " That title he acquired while in the military or "ranging" service in the war of 1812. By younger persons he was always addressed as "Governor." It is not recalled, he was ever addressed by the title of ' ' Judge" in social in- tercourse if at all, it was seldom. Mingling much with all classes of people and indulging in pleasant fun-making with them, still he ever maintained a dignified bearing. It was not deemed necessary by him to be popular with the people, to dress in a ' 'shabby" manner, or to make a clown of himself. No one ever Its First Judges Reynolds. 105 offered to approach him other than in a re- spectful manner. While uniformly friendly in his feelings, he had that stateliness of bearing that commanded consideration and forbade any undue familiarlity, in speech or otherwise. In his younger days he indulged in the amusements common to that period par- ticularly in foot-racing and horse-racing, in both of which sports he took a part with his neighbors. The passion strongest with him was for a fine horse and he took great delight in testing his speed. Few persons of his day were his equals in a foot-race. After he com- menced to study law at Knoxville, Tennessee, he ran a foot-race for a wager of one hundred dollars and won the purse. Most fortunately for young Reynolds, he was afforded better oppor- tunities to obtain an education than were pos- sessed by most other young men in the West at that early day. As Judge Gillespie ex- pressed it, his father did ' ' what is usual in Scotch-Irish families, robbing all the other members of the family in order to pile an edu- I 106 Illinois Supreme Court 1818. cation upon the 'gentleman' of the household. " It seems he began his school studies with a friend at his father's house. Shortly afterward he attended, perhaps, a very good school near the present city of Belleville. At this school, according to his own account of it, he must have devoted nearly his whole time to the study of mathematics, but upon a close anal- ysis of the account given, it was really nothing higher than common arithmetic. At a later time, perhaps at a school in the same neigh- borhood, he studied surveying, and may be surveyed some, for anyone who wished to have that kind of work done. Naturally he had an ambition to acquire an education and to the attainment of that end he bent all his energies. A favorite maxim with him one formulated by himself was, "Success or an ignominious grave. " Whenever he was depressed by what seemed to be the near approach of failure, he strengthened his purpose to succeed by refer- ence to this and other kindred maxims. On an invitation from an uncle, residing at or near Its First Judges Reynolds. 107 Knoxville, Tennessee, he went there to attend a school in the near vicinity. Great prepara- tions were made to get him ready to depart to attend what they, with pardonable vanity, call a ' ' college. " The whole neighborhood assisted in the preparations and when all was ready, he set out to make the journey to Knoxville, on horse-back. It was a great undertaking at that day for a young man. Most of the way he had to travel alone through what was then little less, if any, than a wild wilderness. It was a bold and somewhat hazardous undertaking, and had in it much that was discouraging in the extreme, but he sustained his courage and purpose by frequent reference to his favorite maxims. He needed their courage - giving strength. This school to which he went to at- tend he dignifies by the name of a "college." It was situated a few miles out of the town of Knoxville. Really, it was nothing more than a small private school for boys or young men, kept by the Rev. Isaac Anderson. The teacher taught his school during the week and preached 108 Illinois Supreme Court 1818. in the vicinity on the Sabbath. Some of the scholars boarded with the teacher in his home in which his school was kept. Why this school was called a ' 'college" is rather difficult to un- derstand. The proprietor and principal of the school was the only teacher or ' ' professor. " No doubt it was a very good school but it had none of the elements of a "college." Of what the "curriculum" of this "college" consisted is not discovered, but it seems young Reynolds devoted much of his time to the study of Latin. Evidently he read many of the text-books used in the schools and colleges of that day. Other studies were pursued and among them was "Euclid's Elements of Geometry. " The crown- ing achievement of his school days of which he was proudest was that he had demonstrated without much difficulty the fifth proposition in Euclid sometimes called "Pans assinorum." It is a simple proposition and presents no diffi- culty, but his demonstration of it was regarded by him as one of his ' 'college" triumphs. It is probable from his account of his school Its First Judges Reynolds. 109 studies, that oratory was one of them. One week every scholar was required to prepare and read a composition on some subject prob- ably chosen by the teacher, and on every al- ternate week he was required to declaim a piece he had committed to memory. This lat- ter exercise was to young Reynolds a very great embarrassment on account of what he is pleased to term his " excessive modesty.'' He attended this school or ' 'college" two years or two terms of probably ten months each. Gen. Houston, afterwards of Texas, was at this school with him. After leaving this school for a time he again returned to it to review his studies but only remained for a brief time. Among other things he studied the ' ' sciences and literature, " also ' 'geography and history, " also "rhetoric and logic." He read "Blair's Lectures," and "Dr. Paley's Moral Philoso- phy. " He commenced the study of ' ' astron- omy, " but did not 'make much advancement and gave it up. What course of study he may have pursued after he left the schools can not 110 Illinois Supreme Court 1818. now be definitely ascertained. His time was so occupied with other matters it is hardly probable he continued his school studies. But if that which is stated constituted his whole course of study it is evident his, was not more than what is usually termed a ' 'common school education." Many of his contemporaries, writing about him since his death, speak of Gov. Reynolds as a "classical scholar." Ex- actly what is meant by the phrase ' ' classical scholar, " may not be readily understood. One writer says of him he was an accomplished ' 'Greek, Latin, and French scholar, " but fails to say he was ever an " English scholar." It is surpassingly strange that anyone at all ac- quainted with Gov. Reynolds would write such extravagant things concerning him. Had such eulogies been written of him in his life- time no doubt, he would have had much satis- faction in them. His vanity was extraordi- nary. Vain as he was of his learning he never claimed to have studied Greek and never knew one letter of the Greek alphabet from another. Its First Judges Reynolds. Ill He does say of himself that when he left college he "was a good Latin scholar." It was a matter of much vanity with him of which he frequently spoke that he was a ' ' good Latin scholar," but he never mentioned having studied Greek. That he was a fair Latin scholar when he left school may be true, but he never kept up his Latin readings and before he entered public life he had forgotten most if not all of the Latin he had learned at school. It is true he studied the French language and became so familiar with it that he was able to and did speak it fluently in common conver- sation and it may be he was able to write it. His first wife was a French woman and they spoke the French language in the family. That is the extent of his ' ' French" scholarship. It is simply absurd to assert, he was an ' ' accomplished" scholar at all, either in English or anything else. He claimed much for himself, but his neighbors never gave him credit for any great learning. The same writer just quoted further says ' ' strange to say he was 112 Illinois Supreme Court 1818. ashamed of his collegiate education." That excellent writer must have drawn largely on his imagination for this statement. In the first place he did not have a " collegiate edu- cation" to be ' 'ashamed" of, and in the second place he was boastfully proud of his scholastic attainments, such as they were. It is seldom writers of their own biography make so much mention of their studies in the schools as Gov. Reynolds did. Another writer that knew him well says of him ' ' with more than ordi- nary ability, considerable education, including a smattering of the classics, he assumed dense ignorance and courted the reputation of illiter- acy. He successfully masked his natural egotism and self-esteem in a disguise of hu- mility and was singularly modest in speaking or writing of himself. * * * * In later years when he saw that he had outlived further possibilities of political preferment and was financially independent, he threw off the self- imposed restraints of his previous active career and became arrogant in his pretensions to Its First Judges Reynolds. 113 learning and literary attainments. " Again the distinguished writer, last but one quoted, is quite far out of the way in the remark, his ' ' dislike to appear to be educated grew out of the contempt the early settlers had for 'book- larnin'. ' ' The accusation, the people of that epoch in the history of the State had a ' 'con- tempt" for "book-larnin', " a phrase some writers are fond of using as a synonym for ' ' education, " is scandalously untrue in its ap- plication to the early settlers of Illinois. On the contrary they had the highest appreciation of education. In the beginning of their living together in communities, they made great per- sonal sacrifices to establish educational insti- tutions. Next after erecting church buildings for places of common worship they builded houses for school purposes at, to them, a very great and oppressive cost. It is quite common with a class of modern writers to impute to the ' 'early settlers" of the state great ignorance and opposition both ot education and religion. No greater libel was 114 Illinois Supreme Court 1818. ever written concerning the people who laid the foundations of our state institutions. Nor is it true, as a general rule, that persons of that day used such expressions as ' 'book-larnin" any more than they do now. It is quite time to protest against this manner of writing about that people. It may be, and doubtless is true, there were some persons among them that had been raised with and lived with slaves all their lives that use such language. It is absurd to suppose that was the language of the mass of the people. Most of the people spoke as good English then as they do now. The remark is ventured there were as many well educated persons in the Illinois country at that time in its history in proportion to the pop- ulation as there were in Massachusetts at that date. It may be confidently asserted there were then not more people in the Illinois that could neither read nor write in proportion to the population than in any of the older states. It is quite time this romancing about the igno- rance of the "early settlers" of Illinois and Its First Judges Reynolds. 115 their contempt of education and religion should cease. Much of it is viciously untrue. No doubt Gov. Reynolds did effect to depreciate the technical learning of the law-books. It is said that he construed before the people, the maxim "caveat emptor" to mean to "flee from the wrath to come." That was done as a little bit of pleasant ad captandum fun-making. He had but little knowledge of the technical learn- ing of the law and indulged in this mode of talk- ing at the expense of the lawyers. He knew as well as anyone, the people much liked to hear the lawyers ridiculed and he affected that mode of speech to gratify that existing pas- sion. After finishing his course at college, he commenced the study of the law with a prac- ticing lawyer at Knoxville. He entered upon his legal studies with unusual zeal and energy so much so that his health soon began to fail, and by the advice of his physician he gave up his studies for the time being and re- turned to the Illinois country that he might by 116 Illinois Supreme Court 1818. field and out-door sports regain his health. It was at this discouraging period of his life that his favorite maxim, "Success or an ignomini- ous grave" stood him most in hand. He had other short phrases which were referred to when necessary to keep alive his ambition among them was one, "Do or die." It is prob- able at this crisis in his life he needed all the courage and strength he could get from his "maxims." Regaining his usual health after an absence of about a year, he returned to Knoxville to complete his law studies. That was in 1812. It is probable he spent but little time at Knoxville, ' 'completing" his law studies for it is seen he was back in Kaskaskia in the fall of the same year and after examina- tion by two federal judges he was awarded a license to practice law. It appears that in all he studied in the office of a practicing law- yer a little more than two years, but not con- tinuously. The events then transpiring in the country prevented him from entering upon the practice of the law. His time and attention Its First Judges Reynolds. 117 was otherwise engaged so it was perhaps two or more years before he made any attempt to enter upon the practice of his profession. Upon his return to the Illinois all was ex- citement in regard to military affairs growing out of the war with England. Young Rey- nolds was soon aroused by the events transpir- ing and he enlisted in the military service. He joined a company raised and commanded by Capt. William B. Whiteside. It is not known how much fighting young Reynolds did in that war, but if there was any to be done, Capt. Whiteside would have had a hand in it. Being a member of the company com- manded by Capt. Whiteside it is fair to pre- sume Reynolds was in the most perilous and dangerous service of that war in the West. He was knightly in his personal courage. Most of the time of the war, he was in what was called the ' ' ranging service. " That was to protect the settlements from the depredations and murderous attacks of the In- dians. It was in that service he acquired the 118 Illinois Supreme Court 1818. soubriquet of the ' ' Old Ranger " a title, it de- lighted him to be called. He was in the war and ranging service until 1814. In that year he located in Cahokia and opened a law and land office in company with his special friend, Joseph A. Beard. Cahokia was then the county seat of St. Clair county. It was the oldest village in the Northwest and was then regarded as one of the best business locations in the Illinois. As has been seen, after finish- ing his law studies at Knoxville, he had no opportunity to continue his law reading, and as a matter of course he was ill prepared to commence the practice of the law. It does not appear he had any business in the Courts until after the county seat was moved from Cahokia to Belleville, which was shortly after he commenced to practice law. It was in the latter place he made his first attempt to make an argument in Court Judge Jesse B.Thomas, a territorial judge, presiding. It was regarded by himself and his friends also as a very great failure. A second effort in Madison county Its First Judges Reynolds. 119 was not more successful. But he applied one of his many maxims as antidote to prevent other failures in the future "A savage self will to succeed" and maybe it strengthened his purpose. He possessed an indomitable en- ergy and that was the secret of his success in after life. It is not probable he had much business in the Courts. His partner, Mr. Beard, was not a lawyer only a business man turning his hand to most anything that prom- ised to yield a profit. With his partner he did some business he called ' ' land commerce. " He had some knowledge of surveying and that enabled him to make selections of valuable lands for persons who wanted to buy the same from the government. In that way the firm did quite a good deal of business realizing therefrom considerable profits. That was prob- ably what he called "land commerce." In the years intervening, the opening of his office in Cahokia, in 1814, and his election as a judge of the Supreme Court of the State in 1818, he ' ' speculated, sold lands, and bought two stores 120 Illinois Supreme Cvurt 1818. of dry goods, amounting to ten thousand dol- lars." That would hardly be regarded as practicing law at this day. But after his elec- tion to the office of judge he ceased to trade in lands and never afterwards resumed that busi- ness. His law practice before his appointment to the bench of the Supreme Court was very little. It would now be considered none at all. There are two reasons for his limited practice : first, there was very little law business to be done in the years of his residence at Cahokia; and second, there were then in the county and elsewhere in the near vicinity a number of able lawyers that got all the legal business to be transacted in the Courts that was worth having. He advertised to give advice and at- tend to legal business for the poor for nothing. But that device brought him no clients. Peo- ple do not want a poor lawyer just because his services can be had for less than a good one can be retained. One in need of the services of a lawyer wants the best that can be had or none at all. After he had been located in Ca- Its First Judges Reynolds. 121 hokia about three years 1817 young Rey- nolds was first married. His wife was a Creole and a native of the village where he resided. A create is one born of European parents in a French or Spanish colonial possession. Her parents were French. Her maiden name was Catharine Dubuque. She was a daughter of Jean Baptiste and Susan Dubuque, once resi- dents of that old village. It was her second marriage. Her first husband was Michael La Croix, to whom she was married in 1805. With her first husband Mr. La Croix she resided for a time at Galena, then at Peoria, and finally returned to Cahokia. Mrs. Rey- nolds was a strict Roman Catholic was born and educated in that church and adhered to it as long as she lived, happy in the belief of its holy faith. As before remarked, the par- ents of Gov. Reynolds were protestants. It is not known he ever united with any church. It is most probable he did not. He contrib- uted, however, to sustain the church to which his wife belonged as liberally as he would have 122 Illinois Supreme Court 1818. done had they both belonged to the same church. He had a high appreciation of the Christian religion and its ministers, and yet h.e would swear worse than our ' ' Army in Flan- ders. " He was very fond of his wife and treated her with the highest consideration and kindness. After her second marriage Mrs. Reynolds had no children. She had a son and daughter Rene La Croix and Mrs. S. B. Chandler by her first marriage, both of whom had their homes in Belleville. Rene LaCroix is not now 1894 living, but Mrs. Chandler is, and is now a venerable and much respected woman. In the year 1818 events were transpiring that affected vitally the after life of Gov. Rey- nolds. New and more pretentious ambitions were created in him and his whole after life directed into new channels. It was a crisis in his life and he was not slow to make the most of it. The State government was being organ- ized at Kaskaskia preparatory to the admission of the State into the Union. The Legislature Its First Judges Reynolds. 123 was in session in the autumn of 1818. The convening of that body had brought together the most prominent men from all the settled portions of the Illinois Territory, all strug- gling and contending for places and power under the new State government. Among others came the young lawyer Reynolds with new ambitions and with higher purposes in mind. Not less than others he was pos- sessed of an insane passion to become great in the new State and as the prospect for success seemed near at hand it created an excitement akin to intoxication itself. His home was still at Cahokia. He was then about thirty years of age and at his best estate both as to men- tal and physical strength. He affected not to have any desire for office or official position. That was akin to the old pretense of "sham- ming sober" when one was drunk. It did not then and does not now deceive any one. That fiction of politics "his friends" controlled him, and he was easily persuaded by them to visit the Legislature in session at Kaskaskia. 124 Illinois Supreme Court 1818. The truth is he did not have friends enough to keep him away. Shortly after reaching Kas- kaskia he was inquired of whether he would accept a judgeship if elected. "This," he says in his biography, ' 'broke on me like a clap of thunder. " It was then as it is now not very difficult for one's "friends" to persuade a man to accept an office, especially when he wants it and is trying his best to get it. It was the opportunity of his life to gratify his ambition and of course he consented to allow his ' 'friends" to use his name in that connection. There were men possessing eminent qualifica- tions for the bench of the Supreme Court that were candidates at the same time for the place. In some way, the history of which has never been and perhaps ought not to have been written, Reynolds triumphed over them and was by the Legislature elected an associate justice of the Supreme Court. The term for which he was elected was during good behav- ior or until the end of the session of the Legis- lature that should convene after the first of Its First Judges Reynolds. 125 January, 1824. If it is true, as Gov. Reynolds says of himself, at first he had no desire for public office, it is also true, as the sequel will show, that after his first experience in public life he became one of the most inveterate and successful office seekers the State ever had. Judge Reynolds was now to enter upon a new field of labor a work wholly and alto- gether new to him and one for which he was ill prepared, either by habit of thought or edu- cation, legal or otherwise. That he succeeded as well as he did and that was none too well was perhaps a surprise to the people whose laws he undertook to administer. It will be recollected it was made the duty of the first judges of the Supreme Court, in addition to the other duties imposed upon them, also to hold the Circuit Courts of the State. The en- tire State was divided into four circuits, and one of the judges of the Supreme Court was assigned to each circuit. It fell to the lot of Judge Rey- nolds to have the circuit in which the county 126 Illinois Supreme Court 1818. of St. Clair was situated, together with some of the next adjoining counties. No one, not even his most partial friends, will, or ever did, claim for him any very great qualifications for judi- cial work, either on account of his legal learn- ing, or executive ability, or bearing as a judge. His want of appreciation of the high office of a judge of a court of general jurisdiction, was conspicuously apparent at the opening of the first Court he held. It was at Covington, in Washington county, in the spring of 1819. That was shortly after his election. When he took his seat upon the bench, for the first time, he permitted the sheriff, sitting astride a bench without rising, to make proclamation of the opening of Court by announcing, "The Court is now opened, John is on the bench. " It would have been better for the judge's reputa- tion then and now had he administered to the sheriff a severe rebuke and imposed upon him a heavy fine as for contempt of Court. The people in the midst of whom the Court was held, would have entertained a much higher Its First Judges Reynolds. 127 respect for the judge and the majesty of the law. A judge that permits any undue familiar- ity or other unbecoming conduct in the pres- ence of the Court when in session, soon be- comes an object of contempt by the common people. There is nothing that impresses them more favorably than the orderly and dignified transaction of the business of their Courts. That, was the first Court ever opened in the State of Illinois under the authority of its con- stitution and it would have been becoming had the judge observed that decorum that would have accorded with the dignity and importance of the occasion. That opening of the first Court in the State under its constitution pre- sents a painful contrast to the opening of the first Court in the Northwestern Territory, un- der the ordinance of 1787 at Marietta, Ohio. It was attended by the principal men of the territory, and fitting ceremonies simple but dignified were observed. Before the formal proclamation of the opening of the Court, the judges standing, the venerable Rev. Dr. Cutler 128 Illinois Supreme Court 1818. envoked the divine blessing of Him whose throne is "justice and judgment" and then the high sheriff, standing erect holding an un- sheathed sword in his right hand, proclaimed that a Court was now open for the administra- tion of equal and impartial justice to all alike to the humblest as well as to the most ex- alted citizen. It was a simple, yet grand and imposing scene one that impressed all beholders with the majesty of the law. A dig- nified bearing on the part of a judge holding Court is consistent with the simplest and kind- est manners and is always becoming in a judge. There is, perhaps, nothing more dis- gustingly vulgar than a judge who respects neither himself nor the office of the great mag- istrate when he assumes to administer the laws of the commonwealth. For such a judge the people have no respect. Many im- portant criminal causes were tried before Judge Reynolds on the circuit. Some of them have become causes celebres in this State. In 1819, in St. Clair county, on a day when many per- Its First Judges Reynolds. 129 sons were assembled in Belleville, and were hav- ing a symposion, it was proposed to have a sham duel between Alonzo Stuart and William Ben- nett. Whether Bennett knew the proceeding was to be a mere sham is left somewhat in doubt, by the accounts written concerning it. It was well understood by all spectators and most probably by both principals, the guns were to be charged with powder only, but it turned out Bennett's gun contained a leaden ball, and on its discharge, the ball struck Stu- art in the breast, killing him instantly. The affair created a good deal of feeling in the community. The seconds of the respective parties Jacob Short and Nathan Fike were indicted for the murder of Stuart. The trial was had before Judge Reynolds in 1819. The accused were prosecuted by Daniel P. Cook and were defended by Thomas Hart Benton. On the trial both defendants were acquitted. Bennett, the principal in the duel, was also indicted for the murder of Stuart. He fled the country and was not captured until 1821. 130 Illinois Supreme Court 1818. His capture is said to have been effected by disreputable trickery, unworthy of a people assuming to be enforcing the law. With the passing away of the years, there has come down a sorrowful sympathy for the unhappy fate of poor Bennett. His wrongful capture and bringing back to the state was never sat- isfactory to good people. It was treach- erously and cowardly done. He was tried before Judge Reynolds and a jury, was con- victed, and afterward suffered the death- penalty that then being the only mode of punishment for murder. The conviction of Bennett was secured on the theory, he had secretly put a bullet in his gun. That theory was not thought to be sustained by any sat- isfactory evidence at least, many people were of that belief. There were some who enter- tained a suspicion that Short had, in some way, for some reason, put the bullet in the gun without Bennett's knowledge. There was a tradition to the effect that when his gun was discharged and he saw Stuart fall, Bennett threw Its First Judges Reynolds. 131 down his gun and exclaimed "D n it, Short, you put a bullet in that gun. " Short was Ben- nett's second. But it may be there was no truth in the tradition. It has long since ceased to be remembered or told, other than perhaps by a few of the oldest citizens of that locality. Had Bennett not fled the country and had he remained at home, and denied, as he after- wards did, all guilty knowledge of how the bul- let got into his gun, it is not probable he would have been convicted. As it was, public sentiment was much divided as to the justness of the sentence pronounced against him. In 1823, Eliphalet Green, in a quarrel with a man by the name of Abel Moore, shot and killed his antagonist. Green at first fled with a view to conceal himself but afterwards vol- untarily returned and surrendered himself to the officers of the law. He was indicted for the murder of Moore. On the trial before Judge Reynolds and a jury in Madison county, he was convicted and sentenced to be hanged. That sentence was afterwards executed and 132 Illinois Supreme Court 1818. he suffered the extreme penalty of the law. It was concerning the remarks of Judge Rey- nolds in pronouncing the sentence of death against Green that so many silly and untruth- ful stories have been written to the effect that when the accused was brought up to receive sentence, the Judge told him that he wished him and his friends to know ' ' that it is not I who condemns you but the jury and the law," that he told him the law allowed him time for preparation to meet his sentence, and that the ' ' Court wants to know what time you want to be hung," and that the judge inquired of the clerk of the Court whether "this day four weeks comes on Sunday." There is not the slightest doubt this whole story is a pure fab- rication from beginning to end, and one of the many apocryphical stories to be found in Ford's History of Illinois. Judge Reynolds never heard this story mentioned without manifesting great displeasure. He always denounced it as a vile slander on his judicial conduct. It is a matter of surprise, so many writers have Its First Judges Reynolds. 133 continued to re-write this account of the sen- tencing of Green as veritable historical infor- mation, when upon the slightest inquiry, its untruthfulness could have been ascertained. But it will probably run through all future his- tories, because people always want to hear something ridiculous told of others. The story is most unjust to the memory of Judge Rey- nolds. It may be and is no doubt true he did not observe on all occasions that orderly man- ner of conducting the business of the Court, that is always appropriate, especially in crim- inal cases, but he was an honest magistrate and did what he best could to do justice be- tween the parties litigating before him. He was conscientiously opposed to capital punish- ment. The sentencing of Bennett and Green to be hanged was a most painful duty one that he would have too gladly avoided had not the statute imposed it upon him. It was re- regretfully done in the deepest sorrow and with profound sympathy for the persons to suffer that punishment. 134 Illinois Supreme Court 1818. Judge Reynolds was a member of the Su- preme Court of the State nearly or quite six years. His term of office expired by limita- tion with the adjournment of that session of the Legislature that convened late in the year 1824. The judiciary of the State was re-or- ganized by that Legislature as it was permis- sible to do under the constitution. Although candidates before the General Assembly for re-election to the same positions they had held, both Chief Justice Thomas Reynolds and Associate Justice John Reynolds were defeated. It was a sore disappointment to them. Of Chief Justice Thomas Reynolds, persons that knew him, all bear the same testimony, he was a very able and learned lawyer and made a good judge. Many modern writers speak of him as a younger brother and others as a nephew of Judge John Reynolds. But neither statement is correct. The fact is the Chief Justice was in no way related tojusticejohn Rey- nolds. Some years after his defeat, Chief Justice Thomas Reynolds went to Missouri and perhaps RK First Judges Reynold*. 135 remained there until his death. Judge John Reynolds had a brother Thomas Reynolds. In early life he was a farmer. Later he moved into Belleville, kept a livery stable for a time and afterwards had a store for the sale of dry goods. He died in that city. It appears from the official reports, Judge Reynolds was present at every session of the Su- preme Court during his term of service and took part in the proceedings of the Court. In that respect he was one of its most faithful members. During his entire term of six years, only ten opinions appear in his name as the jus- tice delivering the opinion of the Court. He also wrote dissenting opinions in two cases. In one case the opinion appears in the names of Chief Justice Reynolds and Justice John Reynolds. Of the opinions written in cases decided at the December term, 1821, he must have written his full share, for he was a labor- ious man and accounted himself able to do any kind of mental labor. Of the opinions "Per Curiam, " written before the December term, 136 Jllinois Supreme Court 18J8. 1822, it can not be known how many he wrote but it could not have been many for the obvious reason there are only sixteen reported. There were only thirty-two cases in which opinions were written by the several judges as appears from the official reports during his term on the bench, and in sixteen other cases the opinions are Per Curiam, or as the reporter has it ' 'Opin- ion of the Court, " making a total number of cases decided in that long term of service of which there is any report, forty-eight, exclusive of the cases decided at the December term, 1821. Only one case is mentioned as having been decided at that term. Conceding there may have been as many cases decided at the December term, 1821 and certainly there were not more as at other terms before and subsequent, it is not probable more than sixty if that many cases were heard and de- termined by the Supreme Court during the six years Judge Reynolds was a member of that Court. Only thirty-two opinions were written during that time in the names of the Its First Jadyeti Reynolds. 187 judges. Of these opinions, eighteen were written by Chief Justice Reynolds, ten by Jus- tice John Reynolds, two by Justice Wilson, and two appear in the names of Chief Justice Reynolds and Justice John Reynolds. No opinions during that period appear in the name of Judge Browne. If he wrote any it must have been some of the opinions "Per Curiam. " Judge John Reynolds wrote two dis- senting opinions while he was on the bench. The cases decided by the Supreme Court prior to 1825, when the judiciary was re-organized, were of no considerable importance. The opinions written are very brief covering not more perhaps on an average than one-third of a printed page of the reports. The opinions writ- ten by Chief Justice Thomas Reynolds are most elaborated. Those written by Judge Wilson are the shortest. One of his opinions is a model of conciseness. All of the opinions by Justice John Reynolds would hardly make more than six or eight printed pages of the usual size in the reports. The work of doing 138 Illinois Supreme Court 1818. all the writing done by all the judges during the time Judge John Reynolds was a mem- ber of that Court, as it appears in the official reports, could now be done by any good judge inside of a few months without subject- ing him to any great labor. It may be more cases were decided and more opinions were written than are reported, but at most the cases heard and determined could not have been any very great number. And yet it was then a matter of complaint, the labor of the four judges had been found to be "onerous" and ' 'even oppressive. " The work done by them was insignificant in comparison with work done by the Supreme Court in the current year commencing in June, 1875. In that year there were eleven hundred and thirty-three cases on the docket. Of course all of them were not submitted for opinions. Many of the transcripts of the records in the cases submitted during that year were immense and the writing of the opinions in some of the cases involved much labor quite as much if not more than in It* First Jufk/es Reynolds. 139 all the cases submitted in any decade of years of Judge Reynold's occupancy of the Supreme bench. The same complaint of ' ' overwork " is still made by judges occupying the bench, and with as little reason or fact in its support as when made on behalf of the four first judges of the Supreme Court. It is a chronic infirmity in the character of many judges. It comes mostly from judges who believe their tenure of office is most secure and especially is it made by judg'es whose appointments are for life. Many of them in the larger cities hold Court but a few hours a day with from three to five months vacation in every year, during which time there is absolute freedom from all thought of their judicial duties and for which they continue to receive a large compensation whether em- ployed or not. Still this complaintful mur- muring on account of "overwork" will be heard as long as there are incumbents of official posi- tions. The man that toils for bread, works un- complainingly through ten hours of every work- 140 Illinois Supreme Court 1818. ing day of the year at a compensation of a few dollars a week, and when he returns home on Saturday night, weary and worn, kneeling around the family altar with those for whom he had toiled through the week, he thanks God he has bread enough to feed his wife and children until the morning of another week, when he will recommence his ceaseless round of toil. God pity the uncomplaining poor! This pretense of "over-work" on the part of official laborers, especially on the part of judi- cial officers, is a hollow sham. If they really believed, they were ' 'over-worked" they would quit the public service. But it was never known that one of those fault-finding judges- one that is ever croaking about being "over- worked" and the inadequate compensation he receives resigns on that account. Such men are most anxious to secure judicial office and are the last to give it up if possible to retain it. Let them quit the public service others will gladly do the work without such constant fault-finding. It is not now, and never was, //* First Judges Reynolds. 141 true that judicial officers in this country are over-worked. As a general rule the compen- pensation paid for judicial services is entirely adequate and in many instances it is too high. Too much distinction is made in the compen- sation paid for professional or intellectual labor, than for skilled manual labor in mechanics or other departments of industry. Our economic system in this respect works grevious wrongs. It makes "hewers of wood and drawers of water" of a greater number of the people for the benefit of a lesser number who "toil not, neither do they spin" within any true defini- nition of the word labor. It is the toilers skilled and unskilled in the multiplied in- dustries that creates the wealth of a nation. A summary of Judge Reynolds judicial ca- reer is, while he was not a great judge, he was a good judge not learned in the law as writ- ten in the books, yet he was a fair lawyer. Un- dignified in his presiding on the bench and always saying foolish things, yet his purpose an honest one was to mete out equal and 142 Illinois Supreme Court 1818. impartial justice to all persons without distinc- tion as to station in life, whether high or low, white or black, bond or free, litigating in the Courts held by him. That was the crowning excellence in his judicial character. His opin- ions in the Supreme Court are neither able nor much elaborated, but are always concise and usually accurate statements of the law. The cases determined by the Court while he was on the bench were so unimportant they ad- mitted of no elaborate argument in support of the conclusion reached by the Court. His opinions, although not learned or great, reflect no discredit upon him either as a judge or as a judicial writer. After Judge Reynolds left the bench early in 1825 he pretended to enter upon the prac- tice of the law. He attended Courts in his own and in the adjoining counties with very great regularity. In some of the counties he picked up a few cases, but none of any con- siderable importance. His ambition was now turned into another channel. His purpose Its First Judges Ileynolds. 143 was to enter upon a political life one for which it will be seen later he was eminently fitted. It was, no doubt, for that reason he attended the Courts, more to become ac- quainted with people that he might in that way advance his political ambition rather than in any hope or even desire to obtain law business. After 1837 ne never had any law business that was at all remunerative. Of his practice in later life he says, "I prac- ticed law in some peculiar cases for my amuse- ment and recreation. " Those "peculiar cases" were cases that nobody else wanted or would have. Mostly they were for old friends who really had no cause of action but wanted a ' 'lawsuit, " and he was willing to oblige them by bringing an action. For that kind of prac- tice it is not probable he either wanted or ex- pected fees. One of his latest cases was de- fended by Hon. David J. Baker. In that connection a short story is told. The case was an original one, and was brought in the Circuit Court of St. Clair county. It was a 144 Illinois Supreme Court 1818. bill in chancery brought on behalf of one of his old friends. It was one of his "peculiar cases" and probably utterly devoid of merits. Hon. David J. Baker, who then resided at Alton, came down to Belleville to attend Court and became engaged in the defence of the case. Reynolds and Baker were about the same age and had been young men together in pioneer times. Both were politicians, as all lawyers were in those early days. They were in some measure rivals in law and in politics. That fact made them playfully spiteful towards each other. Neither was ever known to let an oppor- tunity pass to give the other what an old Scotch- Irishman would call a "good crack" and especially if it could be done before a public audience. Baker was a New England man and when he came to Illinois he brought with him quite a number of law books with which he made some parade, by reading from them in Court on all occasions. That was thought to be putting on "airs" over the Illinois law- yers and it was a great pleasure to the western ltd Fir tit Judges Reynolds. 145 lawyers to make him the butt of their humor whenever occasion offered. In one of Baker's cases, Reynolds was defending, he filed a de- murrer to plaintiff's pleadings and that Baker affected to think was a great piece of impu- dence on the part of Reynolds. ' ' Though the mills of God grind slowly yet they grind exceeding small," and the judge's oppor- tunity to retaliate would certainly come sooner or later. Whoever undertook to run a tour- nament of little mean things not vicious just innocently mean little spats with Reynolds always in the end got the worst of it. Baker being a "Yankee" was not very popular with the people and that gave Reynolds the advan- tage in an encounter in any popular presence. There were but few Eastern people in the Illi- nois at that early date, while the great mass of the population were of Southern birth and most commonly intensely pro-slavery. With many of them and especially with those viciously opposed to abolitionists, a "Yankee" was not much esteemed certainly 146 Illinois Supreme Court 1818. he was not very popular. That prejudice was wholly and altogether on account of their anti-slavery sentiments. Some flippant writers have undertaken to ascribe the local prejudice against Eastern people to the fact they were better educated than the peo- ple they found here from other sections of the country. As a matter of fact Eastern people were not better educated than those they found here. It is perhaps true Eastern people affected a superiority for some un- accountable reason over Western people. Other things as well as water will "find their level. " There was no place on the face of the earth where a vain and boastful man would get all undue conceit taken out of him quicker than in Illinois in pioneer times. Neither Baker nor Reynolds ever let pass an opportunity to dash his rowels into the other. They did not fight with "battle-axe and spear." But when "Greek joins Greek then is the tug of war." It was the first thing to be done by anyone employed to defend an action at law or in Its First Judges Reynolds. 147 chancery brought by Reynolds to file a de- murrer. It always proved to be a "dynamite bomb" when interposed to any pleading by the judge. ' 'Gilderoy's kite" was not higher nor swifter his going up than would be one of the judges cases when a demurrer was inter- posed to any of his pleadings. It hardly waited on its kiting for the decision of the Court. When the judge's case in chancery was reached on call, Mr. Baker interposed the ' 'usual defense" a demurrer. At an oppor- tune time, when the court-room contained most people, Mr. Baker commenced the argument of his case. This was one of the few instances when Judge Reynolds was not at all disturbed by the "usual defense" to his case and seemed really to enjoy the argument. Apparently he was confident in the justness of his cause and in his strength to maintain it at least he was calm and cool as though he was ready for the forensic battle. Of course the bill was obnox- ious to the demurrer which was apparent to anyone on a casual reading. But Mr. Baker 148 .Illinois 8u-i>r<-mr Court 18J8. argued his case fully, elaborating every imagin- able question that could possibly arise on the bill, and sustained his contentions by citations from many of his best and favorite authorities. His argument was really a very good one and was well sustained both by sound reasoning and authority. Having finished his argument he sat down with that conscious pride of one who had placed his antagonist ' 'hors de combat. " That was the hour for which Reynolds had been waiting in which he might have his tri- umph. As soon as Mr. Baker took his seat the judge arose and said to the Court he had intended to dismiss his bill sooner but he dis- covered his friend Baker had only that one case in Court and as he knew he wanted to make a speech before the people, he thought he would afford him that opportunity. He then dismissed his bill. That look of triumph on the brow of Mr. Baker disappeared suddenly. The judge laughed heartily and the people with him. He had his victory at last and by the people present it was regarded as a great triumph. Its First Judges Reynolds. 149 One obstacle more formidable than the lion Samson met in the "vineyards of Tim- nath" that stood in his way in the practice of the law, when he was for plaintiff, was a demurrer to his pleadings. It "roared against him." But if he could in any way get by the demurrer and get to the jury he felt he was out of all danger. It was, when engaged for the defense, he was most suc- cessful. There were then "no demurrers" between him and the jury. In the defense he was like the countryman's oxen a little story he was very fond of telling, and one that Judge Gillespie has since told and written, until now it has become quite well known. The man was trying to sell his oxen and represented them to be very strong. Some one standing by remarked ' 'you don't pretend your oxen are strong they are too little ?" "Yes, I do they are strong in light work." The judge was very strong on the defense of a case, es- pecially if it were ' 'light work. " The judge's later law practice brought him 150 Illinois Supreme Court 1818. neither money nor reputation. It would have been better for his legal reputation had he never undertaken to resume the practice of the law. It made known his unfitness for the profes- sion, either on account of want of natural ability for forensic wrangling or the necessary legal learning. While a judge is on the bench he is comparatively free from undue criticism, but as soon as he is off, and resumes the practice of the law, he is mercilessly assailed by the profession and especially by the younger mem- bers. And the more publicly it is done, the more it is relished by the one by whom it is done. It is thought to be a great achievement if a young lawyer can rowel a judge just from the bench. No judge, if it can be avoided, after leaving the bench should subject himself to such indignity as will be too often cast upon him if he seeks to enter upon the practice again by young and flippant lawyers. Law- yers of standing and character will always ob- serve a respectful bearing towards their oppo- nents it is because it becomes them to do so. Its First Judges Reynolds. 151 It is only the low bred, that omit the amen- ities of the profession. Entering a second time upon the practice of the law seldom adds anything to the reputation of a judge and especially if he had been long on the bench. But after all traveling with the Courts was not unprofitable to Judge Reynolds. It was the beginning of a successful political life and one that was crowned with many splendid triumphs. It was the school in which he was educated for his later life work. 152 Illinois Supreme Court 1818. CHAPTER VII. JOHN REYNOLDS. In the Service of the State. Now that the events of his life are all polit- ical it will be most appropriate to refer to him as "Gov. Reynolds." The title of "Judge" never did seem quite appropriate to him nor did it attach to him for any great length of time. As soon as he began to be called the ' ' Old Ranger " a soubriquet he liked much or "Governor," the title of judge was ever thereafter omitted. Indeed, many young peo- ple, even among his close acquaintances, did not seem to know that he had ever been a judge. However modest the governor may have been- or affected to be when young, and Its First Judges Reynolds. 153 however little desire he may have had or affected to have for public office, he got over both infirmities during his occupancy of the bench. Later he became one of the most persistent office-seekers the State ever had. As has been seen his traveling with the Courts, from county to county, under the pretense of practicing law, was simply a mode well adapted to become acquainted with the people. It was the school in which he was fitted to become a politician. It is not believed by any one ac- quainted with him, his law business on the circuit paid his expenses. He had made up his mind to become a politician and he took that mode of introducing himself to the people and in that way advance his chances of success when he should come before them for their suffrages. It was not long before an oppor- tunity presented itself to make a venture in political life. Only two years intervened his leaving the bench and his election as a mem- ber of the Legislature. His success increased his political ambition and after that, he had an 154 Illinois Supreme Court 1818. insane passion for office. That passion never left him so long as he could get anything to gratify it. During the time Gov. Reynolds was in politics the State contained many politicians some of them of considerable ability. There was then much rivalry and jealousy among them. It was as true then as it is now, poli- ticians had not much love for each other. Under a shallow pretense of friendship on a casual meeting there was a deep seated hatred, envy, and jealousy. At the beginning of his public life the prominent politicians resided in the southern part of the State and most of them at Kaskaskia, Shawneetown, Belleville, Edwardsville, and in the near vicinity of these towns. Among them may be mentioned Shadrach Bond the first governor of the State Ninian Edwards, a Territorial gover- nor; David J. Baker, Adam W. Snyder, Jesse B. Thomas, Elias Kent Kane, John McLean, Daniel P. Cook, William Kinney, Thomas Ford, Samuel D. Lockwood, Thomas C. Browne, Edward Coles, Sidney Breese, Joseph Its First Judges Reynolds. 155 Duncan, and others. Later there were Abra- ham Lincoln the man of the century, if not of all centuries Stephen A. Douglas polit- ically and intellectually great William H. Bissell, James L. D. Morrison, John J. Har- den, Robert Smith, and many others, all of whom except Mr. Lincoln and Mr. Douglas, later in life, lived south of Springfield. Being intensely pro-slavery, he did not regard men like Mr. Lincoln, who were intensely anti- slavery, as being at all in his way, and he was politically friendly with them for that reason. It was only for those that stood in the way of his success for whom he had a dislike. It was among this group of able men and perhaps others that Gov. Reynolds commenced his political life. It took ability to win in any contest with such men. Many of them were men of acknowledged ability. Personal sketches of many of them have been perhaps a little overdrawn. One, a stranger to their real his- tory on reading the accounts given of them by the earlier and later historians would be led 156 Illinois Supreme Court 1818. to the belief, the Roman Senate in the time of its greatest splendor contained no such states- men and orators. Omitting Lincoln and Douglas the history of the men of that time, like the history of men in all past eras is too eulogistic, and in many instances fabulously so. The men of the time with Gov. Reynolds, were of average ability with the men back in the older States whence they emigrated and nothing more. But ascribing to them such greatness as is often done, is sheer nonsense. There is no disposition and ought not to be to detract from them anything that was great and good in them, but all candid persons will concede they were not greater in any respect than men of the present day occupying similar stations in life. Overdrawing characters back in the dimness of the past is a fault altogether too common with historians. For instance, if the account given by Gov. Reynolds in his "Pioneer History" of the "early settlers" in the south part of the State prior to 1818, is literally accurate it will be admitted there Its First Judges Reynolds. 157 never was such an aggregation of good people in any country since the dawn of civilization. But everybody knows his account of that peo- ple was in part at least mere extravagant panegyric. An instance of extravagant praise is the account he gives of a pioneer whom he says was a very ' 'honest and moral" man, be- sides having many other excellent virtues, but adds, when he left Connecticut to come to Illinois he brought another man's wife with him. That conduct in this precious pioneer, with perfect nonchalance, he speaks of as " causing somebody in Connecticut to feel bad, " and that is all the criticism he makes on his conduct. As good as that people really were as a body it must be confessed they were not all good and that among them were worthless charac- ters no better than when they left the States w r hence they emigrated. Transplanting them to a new country made them no better than they were before. On the other hand there are writers that go to the other extreme and represent them as a densely ignorant people. 158 Illinois Supreme Court 1818. These latter writers are farther from the truth than is Gov. Reynolds in his extravagant eu- logies upon them. There are good and bad among all peoples and the worth of a commu- nity is to be estimated by its value in the ag- gregate as a body. It was in the midst of the slavery agitation which occurred in the time of Gov. Cole's ad- ministration in the years intervening 1822 and 1825 when Gov. Reynolds first became pos- sessed of a passion to be a politician. Although still on the bench, he could not keep out of politics, and he began to prepare for the great work which engaged his thoughts more than all things else. Parties were then divided mainly on the question of so amending the State con- stitution as to permit the introduction of slavery. To do that it was necessary to call a convention to frame an amendment or a new constitution omitting the slavery restriction. It seems it was necessary to submit the resolution, calling a convention, to the people for approval. Gov. Reynolds was a pronounced convention man Its First Judges Reynolds. 159 and his influence was given in favor of calling of the convention. He had no political liking for anyone not in favor of the introduction of slavery into the State. Personally he was as friendly with them as with others. But there were quite a good many others for whom he had no political respect, who, like himself, were in favor of the convention measure not because of their slavery views, but because he thought they obstructed the realization of his ambition. It was a singular contradiction in his character that while in active political life he hated all politicians who did not favor his political aspirations, yet after that struggle was over and his ambition satiated with more than the usual success, in his historical writings he speaks in terms of eulogy of most, if not quite all of them. But that was a habit akin to a trait inwrought in his character. In conversa- tion he would say all manner of ill natured things about persons whom he did not like but if he wrote about them in the next mo- ment, he would write nothing of them but 160 Illinois Supreme Court 1818. what was good. It must not, however, be sup- posed he entertained no hatred to certain per- sons that had incurred his displeasure. Even then it was difficult to write ill-natured things about them. He never liked Gov. Ford, but in his "Pioneer History" he spoke in terms of highest praise of him and of the expected worth of his history of Illinois, then in manu- script. It had not then been published. His information was obtained from persons that had seen it. After Gov. Ford's death his history was published and was edited by his personal friend, Gen. James Shields. It was not until after its publication Gov. Reynolds wrote his "Own Times." His comments in his later work were very different from what he had said about Gov. Ford in his "Pioneer His- tory. " That which gave him most dissatisfac- tion was the story told by Gov. Ford in respect to what he said in pronouncing sentence upon Green. That was thought to be a reflection upon his capacity for judicial office, at which he took serious offense. His latest account of Its First Judges Reynolds. 161 Gov. Ford's history is not so favorable as his first mention of it. He had now become sat- isfied, all history is not true or accurate. It is probable he never had a very high appre- ciation of Gov. Ford's life and public services after the publication of his history. In the years covered by the slavery agitation, 1 822- 1824, the state abounded in politicians at least with men that aspired to be politicians. Among them were some men of marked ability and personal worth others of mediocre tal- ents and of very much less personal worth. Conspicuous among them for his learning and ability and his great worth as a citizen, was Elias Kent Kane. He was a near relative of Dr. Elisha Kent Kane, of Arctic expedition fame. Elias Kent Kane was one of the purest and best men in the Convention party. While he was not so noisy as many others, he was really the most effective worker that party had. It was because of his high character as a man and as a citizen. There were two other mem- bers of the Convention party that deserve 162 Illinois Supreme Court 1818. special mention on account of their ability and social worth John McLean and Jesse B. Thomas both of whom would take high rank in any state wherever their lots might have been cast. More violent and less influential, that party numbered among its members Judge Theophilus W. Smith, Samuel McRoberts, Ex-Governor Bond, Alex P. Field, and oth- ers still more noisy and less influential. Many of these men were most unreasonable in their advocating the propriety of calling a conven- tion to amend the constitution so as to per- mit the introduction of slavery into the State. Most extreme and defiant in the advocacy of that measure were Judge Smith and Judge McRoberts both of whom were ultra pro- slavery. There was no reason in the posi- tion taken by them on that question. Judge Smith was a native of New York, and Judge McRoberts was born in Illinois neither of them had ever lived under the direct influence of slavery other than that limited system that prevailed in Illinois. The- Its First Judges Reynolds. 163 ophilus W. Smith was a state senator during the discussion of the convention measure and was one of its violent supporters. Even after he was elevated to the Supreme bench he was not restrained by the proprieties of his exalted position from plunging in the dirty pool of par- tisan politics. Judge McRoberts was perhaps the most extreme in his views and most defiant in advocating the calling of the convention indeed, it was thought by many he allowed some of his judicial decisions to be controlled by his extreme notions in regard to slavery. But for the violence with which he expressed his thoughts on the questions of the times, he would have been regarded as least in the con- vention party. Gov. Reynolds was as pro- nounced a pro-slavery man as any one of the most extreme advocates of the convention, but he was more politic for the time being in the expression of his opinions he was learn- ing to be a politician. The cause of freedom and free-soil was defended by men equal in ability to the ablest 164 Illinois Supreme Court 1818. men in the convention party. They had one advantage over their antagonists, that is they stood for the right and were more intensely in earnest as its defenders always are. The ac- knowledged leader of the opposition to the measure to introduce slavery into the State was Edward Coles, then governor of the State. His birthplace was Virginia where he had grown up in the midst of slavery and had him- self been an owner of slaves whom he had, from motives worthy of the highest humanity, manumitted and furnished them with homes. He was brave, bold, and heroic in the defense of equal civil rights to all persons under the law whether white or black. It was fortunate for the people so good and so brave a man ruled in the affairs of State through that storm of passion and prejudice that prevailed in all the borders of the State. Next, perhaps, in prominence in the anti-convention party was Daniel P. Cook a man of ability and of great purity of character and personal worth. Morris Birbeck, an English colonist residing in Ed- Its First Judges Reynolds. 165 wards county, rendered valuable services in the cause of equal civil rights to all men under the law. His opposition to human slavery was inwrought in his very nature. He was a worthy man and loved right and justice. Sam- uel D. Lockwood, afterwards a justice of the Supreme Court, was outspoken and fearless in opposition to the calling of the conven- tion. Sidney Breese, who became a most dis- tinguished citizen of the State and held high judicial and political offices, was in fact op- posed to the convention, but as most of his polit- ical friends favored that measure, he deemed it wise to take no active part in the canvass. Gov. Ninian Edwards also occupied nearly a neutral position in those exciting times. It is most probable he was opposed to calling the convention a measure that engaged public attention to the exclusion of all other State interests for the time being. It was the opportunity for the clergy to take part in a wrangle, in its nature political, and they were not slow to avail of it. Both 166 Illinois Supreme Court 1818. parties had clergymen in the field doing ser- vice for the causes they respectively espoused. Considerations of humanity were involved in the issues, of which their holy calling gave them the right to speak. They were among the most earnest advocates of the opposing policies each respectively favored. Prominent among the anti-convention clergymen was Dr. John Mason Peck a Baptist minister. At an early day he was a missionary resident in the State. His occupation made it necessary for him to visit nearly every part of the State and whether necessary or not he did visit every important locality in all the settled portions of the State. Although his legitimate work, to which he was loyal, was preaching and dis- tributing religious literature, he lost no oppor- tunity to distribute among the people anti- slavery pamphlets. One of the modes of conducting a canvass at that day was by the distribution of written papers in the nature of pamphlets and handbills. Dr. Peck bravely and earnestly uttered his views ' 'in season and Its First Judges Reynolds. 167 out of season" upon the evil effects of the in- stitution of slavery to the white man himself, and to the best interests of society. But while he was opposed to human slavery in the ab- stract he did not favor the views of abolition- ists. Their purpose was the destruction of slavery wherever it might exist under the American flag, but Dr. Peck was more con- servative. It was his belief, American slaves were better off and even happier in many cases, in a condition of servitude than they would be if given their freedom. When in the South he witnessed a scene that filled him ' 'with indescribable emotions. " It was that of a slave boy on the auction block being sold. As the boy stood by the auctioneer he was "crying and sobbing, his countenance a picture of woe. " Even in the presence of that awful scene his views of slavery did not seem to undergo any marked change. He still adhered to his belief, there are conditions "where the slaves are truly better off than if they were set free." Perhaps the most noted clergyman sup- 168 Illinois Supreme Court 1818. porting the convention measure was William Kinney afterwards lieutenant - governor of the State. He was also a Baptist minister. Gov. Kinney was a man of more natural abil- ity than Dr. Peck, but was not so well edu- cated. Few men in the State, in the pulpit or at the bar, possessed more natural ability than did Gov. Kinney. He was regarded as a man of great wealth at one time and was then recognized as a politician of as much in- fluence as any in the State. He was one of the most ultra pro-slavery advocates belong- ing to the convention party. Until nearly or quite as late at 1845, ne owned slaves and kept them on his farm as field-hands and house servants. Gov. Kinney was one of the pro-slavery men that Gov. Reynolds did not like, and figuratively speaking, he would have been quite well satisfied if Kinney had been ground to powder between the "upper and nether mill-stone" in that fierce slavery con- test. Kinney was very much in his way. That was the secret of his dislike. It would Its First Judges Reynolds. 169 have been a satisfaction, no doubt, to Gov. Reynolds had many of the politicians promi- nent in that contest been relegated by its re- sults to less prominent positions in public life. But in that -hope, -if he indulged such an one, he was fated to be disappointed. Al- though the convention party was overwhelmed with defeat at the election in 1824, it did not affect the popularity of any of the supporters of that measure in any great degree. Gen. Jackson was then the rising national favorite in politics. The convention men cast in their lot with the friends of Gen. Jackson in that way kept in touch and sympathy with that party which soon became the dominant polit- ical party in the State. Gov. Reynolds was observant enough to ally himself with the friends of Gen. Jackson. That he knew would be the only road to success. Ever after that he was always an intense and bitter democrat. After it was seen the convention men were not rendered unpopular by the result of the election on that question, it is believed Gov. 170 Illinois Supreme Court 1818. Reynolds regretted he had not taken a more prominent part in the canvass. Later and all along the line others, and younger men, were springing up and were obstructing his way to political success. There were so many that wanted the same offices he did, it made his life a constant struggle for the supremacy. But nothing gave him more delight than to over- come one of his rivals in a political tourna- ment. He regarded everybody that was not for him as being against .him and, therefore, his enemies not personal, but political ene- mies. Later Adam W. Snyder incurred his political dislike by his continued and persist- ent opposition. But Snyder did not like Rey- nolds because he would not get out of his way , when he wanted an office the governor would not willingly give up. Had Snyder had more vigorous health and had he lived he would have been one of the most prominent men in the state. He died during his canvass for governor of the State. Having received the nomination of his party for the place he would Its First Judges Reynolds. 171 surely have been elected governor of the State had he lived. Another one of the younger politicians that was troublesome to Gov. Reynolds was Robert Smith, of Alton. He was in the same Con- gressional district with the Governor. In some way Smith had got into Congress when it was the intention of the party managers, Reynolds should have the place. That which annoyed him most was that Smith would not get out of the way at the end of his first term in Con- gress that he might have the position. Judge Douglas was not in the same Congressional district with Gov. Reynolds and most prob- ably there was not much antagonism between them. In their politics there existed but lit- tle, if any, sympathy. In later life Gov. Rey- nolds had no appreciation of anyone in public life who was not as ultra pro-slavery as he was himself. Judge Douglas was more conserva- tive on that disquieting subject. He was, in fact, opposed to slavery in the abstract and was opposed to its introduction into new ter- 172 Illinois Supreme Court 1818. ritory, but he believed its existence in certain states had the sanction of constitutional guar- antees and for that reason he was unwilling to interfere with -it. When Judge Douglas was a candidate for the presidency in 1860, Rey- nolds bitterly opposed him. He was then what was called a "Danite" in politics and supported John C. Breckenridge for the pres- idency. It was among these men both great and small Gov. Reynolds had to fight his way to success. It was to be the crowning achievement of his life if he won and if he lost all would be lost. No doubt his favorite maxim, so often recalled in earlier life, "Suc- cess or an ignominious grave" stood him well in hand. The political arena was crowded with political gladiators and the fight was as earnest as the prize to be won was coveted. Most of the men that antagonized him were possessed of more ability and learning, but Reynolds was the better educated in party politics and the more adroit demagogue. His specialty was as a "Friend of the People." In Its First Judges Reynold's. 173 the matter of playing the demagogue before the people he was great. He had no equal in that re- spect. Some of his opponents had equal dispo- sition to play the demagogue, but they had not the ability to make it a success. In the hands of Gov. Reynolds it had a charm that made it a splendid agency in the aid of his political aspi- rations. It had such a fascination when em- ployed by him, it became respectable in the eyes of many who held it in detestation when attempted to be practiced by others. With him demagogism was a natural endowment equivalent to genius of a high order and by it and through it he " achieved greatness. " Gov. Reynolds was now at his best es- tate. Physically he was a strong, athletic man, and mentally, he had many rare gifts that fitted him to become a successful politician among a rural people. As before remarked the pretense of again resuming the practice of law was a mere sham. He knew as well as any one, he had no gifts that would enable him to become successful in the legal profes- 174 Illinois Supreme Court 1818. sion. He had no ability as an advocate and without the gift of oratory in some considerable degree there is no such thing as any very great achievements at the bar. There are no doubt many good lawyers who have few if any of the strange gifts of the advocate. Such lawyers make good office lawyers and quite often make the best judges. But when a lawyer is given the reputation among the common people of being a "powerful good judge of law but no pleader" by which they mean is not an advo- cate there is then no hope for his success at the bar. If such an one can not secure a po- sition as a "judge" he may as well abandon the profession, save as to office work. Neither his education legal or otherwise nor his natural endowments fitted Gov. Reynolds for logical and clear statements of either, the facts of a case or of the arguments in support of legal propositions. But he was conscious he possessed faculties that would render him conspicuous in political life. He had studied the arts that make success in pol- Its First Judges Reynolds. 175 itics a certainty, and he was a master of such arts. He was now the crown prince of his party and was destined to succeed to power and to fame. In 1826, within less than two years after leaving the bench of the Supreme Court, he was elected a member of the House of the fifth General Assembly. Again in 1828 he was elected a member of the sixth General Assembly and as in the former Legislature it was to the House. There was not much in his career at any session of the Legislature of the State, of which he was a member, that is worthy of special mention. During his term of service in the latter Legislature he was ap- pointed on a committee to complete a revision of the laws that had been commenced at the previous session of the Legislature. It is hardly probable the governor did much of the work himself, but it is certain he took a hand in it. He let no such opportunity pass to make suggestions and to have as many of his notions engrafted into the work as it was practicable to secure. The committee, how- 176 Illinois Supreme Court 1818. ever, employed men "learned in the law" to do most of the work and it was a happy thing they did otherwise the work might not have been so well done. That revision of the stat- utes was a very valuable one,* and it has con- tinued to be the basis of many laws since enacted. One purpose he always kept in view, that was greatly to his credit that is during his whole term of service in the Legislature he was the friend of and a promoter, of all measures for establishing public schools. It was the one subject always on his mind and was to him a ' ' pillar of cloud by day " and a ' ' pillar of fire by night, " which he ever closely followed. He was a pioneer in the great work of educa- tion in Illinois. Another thing for which he had an abnormal disposition, was to be always tinkering with the laws in respect to the Courts. Some of his measures were quite valuable and others equally worthless. In the session of 1827 he favored the repeal of the act of 1824 under which the State had been Its First Judges Reynolds. 177 divided into circuits and a judge had been ap- pointed in each one to hold the Circuit Courts. The bill had his earnest support and it became a law. By this repealing act the judges of the Supreme Court were again required to hold the Circuit Courts as they had done prior to the act of 1824. He was the author of that clause of the practice act of 1827 which pro- vided, Circuit Courts in charging a jury should only instruct upon the law of the case. This act did not require instructions, even upon questions of law, should be in writing. Prior to this act it had been the practice for judges of the Circuit or Trial Courts to in- struct the jury orally both as to the facts of the case and as to the law which should con- trol. It seems he had a great aversion to per- mitting Circuit Courts to instruct the jury either as to the facts or the law in a common law action. It was a wise measure, and a much-needed reform. It was a vicious prac- tice to allow a circuit judge to instruct upon the facts involved in a trial. It was little less, 178 Illinois Supreme Court IS 18. than denying to the citizen his constitutional right, to a trial by jury. On account of his services in establishing that wise rule of prac- tice he is entitled to a full measure of praise. At a session of the Legislature in 1847, of which he wa,s a member, he supported and aided in the passage of a bill, that inhibited judges of trial Courts from charging the jury at all, unless in writing. In his "Own Times" he expressed the opinion that under that act February 25, 1847 judges of Circuit Courts had no power to "qualify, modify, or explain" instructions as asked by counsel to be given to the jury, and all the Court could do, was to mark all instructions asked by counsel either "given" or "refused." It is understood he thought the Court had no authority of its own motion even to write an instruction to be given to the jury, but had to leave that to be done by the respective counsel. In all that matter, he was clearly mistaken. The effect of that act was simply-to provide that after the Court, had "given" an instruction, it could not, there- Its First Judges Reynolds. 179 after, orally qualify, modify, or in any manner explain the same to the jury." That was the first statute of this state that inhibited judges of the Circuit Court from instructing the jury otherwise than in writing. It established a wise and salutory rule of practice. Under the act of 1827, it was permissible for the Court to charge the jury orally as to the law of a case but not in relation to the facts. The act of 1847 established a different and better rule which has remained in force ever since. Gov.- Reynolds never regarded being a member of the Legislature as a "great affair." His explanation why he accepted the place is, it was as much to ' 'gratify" his ' 'friends" and the "people as himself." It was seen Gen. Jackson was soon to become a national favor- ite and Gov. Reynolds early espoused his cause perhaps in 1824. It was in 1828 par- ties became known as "Whig" and "Demo- crat" and ever after that he regarded himself as an "humble member of the Democratic party." His position in the Legislature had 180 Illinois Supreme Court 1818. enabled him to take a broader and more accu- rate view of the political field. It had also afforded him an opportunity to become ac- quainted with the principal men of the State, whose influence he wished to secure. All this served to increase and intensify his ambition. He had now gone through the curriculum of the school of partisan politics and it must be admitted he was an accomplished scholar in that branch of learning. Looking out over the field, soon to be occupied he made up his mind to aspire to the high office of governor of the State. It was during the session of the Legisla- ture of 1828-29, he made up his mind to enter the field against all competitors and make the race for that office. As usual with him, it was his "friends" that urged him to come out for the office. The truth is otherwise. He hardly had enough of "friends" anywhere in the whole State, to keep him back. This matter of one's "friends" compelling him to become a candidate for public office is a supreme delu- sion. Anyone who has ever been a candidate Its First Judges Reynolds. 181 for office, if he has a modicum of candor, will admit he always had much difficulty to get his friends to assist him in his canvass, after he had brought himself out. The idea of the ' 'office seeking the man and not the man seek- ing the office," is a fiction. It is not now, and never was true. It is barely possible such may have been the case in rare instances, but it would be quite difficult to find the exact case. The canvass for governor upon which he was about to enter proved to be one of the most extraordinary that has ever occurred in the State especially in its duration. It con- tinued through a period of well nigh eighteen months. It was as earnest as its duration was extended. The rival candidate for the same office was William Kinney. In mere natural endowments Kinney was the superior, but in the art of electioneering Reynolds had no su- perior, and hardly an equal in the State. Both had talents of a high order but as vari- ant, as were their personal characteristics. 182 Illinois Supreme Court 1818. Their habits and tastes bore no analogy to each other. Their very natures were variant.' Physically they resembled each other in no respect. Kinney was a short, thickset man, with a restless energy. Reynolds was tall and muscular, with dreamy eyes and moved slowly as with deliberation. Reynolds was the bet- ter educated. Kinney knew more by intui- tion. Both were Jackson democrats and both were intensely pro-slavery. Kinney was a Baptist clergyman. Reynolds professed no religious belief. Kinney was not in principle opposed to the use of social beverages and it is a matter of profound regret, he indulged too freely in the use of them. Reynolds was in principle opposed to their use and perhaps never tasted intoxicating liquors in his life. Kinney was thought to be a man of consider- able wealth. Reynolds was comparatively poor in worldly riches. Both were ambitious and both were fond of political life. The whigs were so much in the minority they put no candidate in the field for governor. The Its First Judges Reynolds. 183 battle was alone between these political gladi- ators and was one of physical as well as men- tal strength. From the time of the opening of the canvass, eighteen months before the day of the election, it was ' ' war to the knife and the knife to the hilt." It was a knightly bat- tle, and was gallantly fought. Both were in the saddle from the opening until the last day of the canvass. Both travelled the settled portions of the State many times over. Elec- tioneering was then mostly done by personal meeting with the electors and by the use of pamphlets stating briefly the claims of the re- spective candidates. Both candidates availed of these modes of conducting the canvass. Finally both of them took to the stump, and each one made speeches all over the State. Kinney had more strength to endure the fatigue of the campaign, and had it continued much longer Reynolds would have been com- pelled to succumb through mere exhaustion. In the main the canvass was honorably con- ducted but it is said both candidates resorted 384 Illinois Supreme Court 1818. to some practices, that were unworthy. Kin- ney would treat his friends to intoxicating liquors, and would himself drink with them. Reynolds would also treat his friends in the same way, but would not drink with them. The canvass had its humorous as well as its serious phases. Sometimes it became a " Comedy of Errors." Both candidates em- ployed persons to distribute their handbills. In this connection a story is told that one of Kinney's distributors stopped over night at a hotel where one of Reynolds's distributors was staying. Reynolds's man on the sly removed the handbills from the saddle-bags of Kinney's man and in their stead put in a lot of Rey- nolds's handbills. It is said Kinney's man went on several days before he discovered, he was giving out Reynolds's handbills instead of Kinney's. It is related of Reynolds as he was passing along the highway late in the evening, he saw in an adjoining field a "scarecrow"- a stuffed man and called out to it "How are you, my friend ? Can I get you to distribute irt Judge* Reyn-oldx. 185 some of my handbills ?" It may be both stories are apocryphal history. The canvass grew in interest as the weary days, weeks, and months came and went. The friends of the respective candi- dates became intensely anxious for the success of their favorite. Kinney was most popular with the ultra Jackson men. Reynolds was also a Jackson man, but affected to be of a milder type not from principle, but through mere policy and was therefore less objection- able to the "Whigs," who had no favorable opinion of Jackson. It was for that reason Reynolds got more of the whig vote than Kinney did. When it was seen the end of the canvass was near at hand, others were in- volved in its struggles. Gallant men and fair ladies took a part and that increased manifold the anxiety of the contest. The efforts of the respective candidates continued to the day of the election with unabated energy. It was not until the sun went down on that long-com- ing day and until the last vote had been given 186 Illinois Supreme Court 1818. and recorded that either candidate or their friends ceased to struggle for the victory. Large sums of money had been wagered on the result, and as the pecuniary considerations in- creased, the interest in the out-come of the election grew more earnest and still more in- tense. The end came and the vote had all been cast. Many weeks passed before the result of the election was certainly known. It was finally ascertained Reynolds was elected by a decided majority. An emotion tinged with deepest sorrow is experienced in record- ing the fact of the defeat of Gov. Kinney not because his opponent was elected but for the sad reason it was the end of his political career. He was a man of many rare intellec- tual gifts and high social qualities. He had then reached his greatest strength, and it was thought, he was far advanced toward an endur- ing fame. But from that time on his prospects and prosperity began to wane, both politically and financially. It is true he was afterward an unsuccessful candidate for governor against Its First Judges Reynolds. 187 Gov. Duncan, but he had then lost the fire and vigor of his former days. At last when his life went out, instead of being in the midst of a beautiful and resplendent golden twilight of a bright old age, it was under the deep shadows of a darkened cloud arising out of a troubled life. There was then rest peaceful rest, for a weary and much disappointed man. It will be seen Gov. Reynolds came into the office of governor of the State, during an important epoch in its history. Institutions and policies, had to be formed and adopted, that would make for the best interests of the State, in all coming time. It must be recog- nized as a fact that accords with the history of that period, his influence as governor was with that which would promote the best interests of the young commonwealth. With unusual ken he seems to have forecast the future of the State and beheld in the mirage of its there- after history its wonderful increase in popula- tion, and in all that constitutes the wealth and grandeur of a commonwealth. But its pros- 188 Illinois Supreme Court 1818. perity came apace in advance of anything he or anyone else ever imagined or anticipated in their dreams of its coming greatness. Not three-quarters of a century has elapsed, since his induction into the office of governor, and Illinois is now the third in population of the States of the Union, and has within its borders the second largest city on the American conti- nent. If time is measured by the calendar it is a short interval since he was governor of the State, but brief as that space of time is, within it the commonwealth has become great. In its institutions eleemosynary, educational, and civil it stands abreast with the greatest States of the Union and acknowledges no superior. In railroads, in mechanics, in man- ufactures, and all other material interests of the age her advancement has been swifter and more sudden than anything not touched with the imaginary wand of the magician. Free schools for the people and colleges richly en- dowed by the State or by private munificent gifts of the charitable citizen, have been estab- Its First Judges Reynolds. 189 lished in the State in which is taught political economy, law, theology, the sciences, and everything else embraced in the education of the best cultured peoples of the world. Hor- ticulture and farm cultivation have advanced to a degree that make them splendid indus- tries the greatness of which has astonished all to whom the knowledge of it has come. The land is full of plenty and much to spare that comes from the multiplied industries of the State. But this is not all. Behold the history of the commonwealth ! It is a history of which every Illinoisan is, and has a right to be -proud. It is a record of splendid achieve- ments and unexampled prosperity. It is the history of a people heroic in their struggles in the pioneer times of the State and great in their achievements of a people who have builded great cities that are the marvel of the age that have planted villages in all its bor- ders that make known the wealth and pros- perity of the commonwealth that have estab- lished institutions of learning and bestowed on 190 Illinois Supreme Court 1818. them endowments that have been a surprise to the old world and to the older States. It is not mere panegyric nor an over-statement of the truth of history to say that in all the events of his day, that developed the resources of the State and advanced it towards its present greatness, with such extraordinary rapidity, Gov. Reynolds bore an honorable part. No man loved his State and country with a more intense devotion than he did. He believed himself to be and was in fact ' ' a friend of the people." His faithfulness to their interests was never doubted. The State has had no public officer that advocated with more earnest zeal, temperance, education, and all things else that would best promote the happiness of the people and the material prosperity of the State, than did Gov. Reynolds during the years of his State administration. Many of his ab- surdities and foolish measures advocated by him on the stump were put aside when he came to administer the affairs of the State. A man becomes greatest when opportunity Its First Judges Reynolds. 191 comes to him to control great events transpir- ing around him. Transplanting him to a higher plane of thought and activity he sud- denly becomes great. It is then he rises su- perior to his former environments and establishes measures and policies that affect the welfare of peoples a work for which it was not known before he had any fitness. As the responsibilities of the affairs of State increased upon him, he seemed to grow in capacity to discharge them. Many of Gov. Reynolds's friends were surprised at the ad- ministrative ability he developed during his in- cumbency of the office of governor. Better notions of government and better measures of policy that should control came to have the approval of his judgment. On the stump, during his canvass for governor, he advocated from the beginning to the end the impracti- cable doctrines of "free trade" at least under the present federal constitution. Yet, in his first message to the Legislature in 1830, he maintained the policy of a protective tariff, 192 Illinois Supreme Court 1818. internal improvements, and other cardinal doctrines of the whig party. In respect to the tariff he said in that first message, "all articles which are necessary for our own use and which we can raise and manufacture within ourselves should be protected from for- eign competition by adequate duties. A sys- tem of protective duties on these principles ought never to be abandoned. For laying out of view the advantages of a home market created thereby it will render us in fact, what we are by right, an independent nation." About that time the democratic party, not only in this State, but in all the other States, were much di- vided on the question of a protective tariff. The first national democratic platform indeed the first national platform of any party, in American politics was adopted after the nomination of Gen. Jackson for a second term in 1832, by his friends at Washington and was the one, on which the canvass was made. It declared "that adequate protection to Amer- ican industry is indispensable to the prosperity Its First Judges Reynolds. 193 of the country and that an abandonment of the policy at this period would be attended with consequences ruinous to the best interests of the nation." The "Spectre of impossible free trade" has been an apparition of ill omen to the democratic party since that party was first organized. It appears as often and is as troublesome as the "ghost of Banquo" itself. What affrights them most is it will not ' 'down" at their bidding. As Mr. Webster phrased it in one respect it is not like "Banquo's ghost" that only annoyed its "enemies," but this apparition vexed most its "friends" as well. It is not to be wondered at that Gov. Reynolds was troubled by this apparition of "frightful mien," to most democratic politicians. In re- spect to measures of national policy as well as some relating to state policy he was utterly and strangely inconsistent. Indeed his whole life was a curious admixture of good sense and absurd non-sense. One who knew him well has said of him, "He was a living para- dox a most consummate actor." In early 194 Illinois Supreme Court 1818. life he was an unwavering friend of the Fed- eral Union. Among his speeches of that time none are recalled especially in his political speeches that did not abound in denunciation of federalists. His argument ran, all federal- ists are traitors, all whigs are federalists and, therefore, all whigs are traitors and ought to be hanged. About the time of the annexa- tion of Texas and the war with Mexico, it is probable he made no speech, whether on political subjects or any other, in which he did not publicly denounce whigs as federalists and hence traitors. It was the warp and woof of all his speeches. On the subject of the Fed- eral Union he wrote grand words in his second message to the Legislature words expressive of the highest and purest patriotism when he said "No dangerous doctrine of nullifica- tion tending to dismember this happy con- federacy ought to be countenanced or tolerated by public opinion. This happy Union ought, and I hope in God will, be sustained at all hazards." It would have been better for his Its First Judges Reynolds. 195 fame had he maintained to the end of his life, that high patriotic devotion to his country. But it is to be regretted that in the evening of his life he suffered a change in his patriotic de- votion to the Federal Union. In the hour of its greatest peril, his sympathies were all with the enemies of that government for which he had once expressed such devotion. It is said that among the papers of the Southern Confederacy there was found a letter from him to Jefferson Davis, advising a resort to arms for resistance to and for the dismemberment of the Union. In all the darkest hours of the civil war, when it was not known whether our govern- ment could be sustained, or whether it would at last go down, under the assaults of its ene- mies, at home and abroad, he was a most vio- lent and offensive disunionist. No doubt the change in his patriotic Views in regard for the Federal Union, arose out of his intense devo- tion to slavery and his bitter hatred of abo- litionists. Had it been practicable to have saved the Union with slavery as one of its in- 196 Illinois Supreme Court 1818. stitutions having an eternal sanction in the or- ganic law of the federal government, he would no doubt have been satisfied, and would still have regarded the Union as he expressed it in his first message to the Legislature as the ' ' palladium of our political safety. " He was insanely pro-slavery. That which would have been a beautiful twilight in the evening of his life, was obscured by the dark shadow of dis- loyalty to his country that fell across his way in his last days. It ought, perhaps, to be al- lowed for the enfeebled powers of mind in old age to extenuate in his behalf in this regard. He had loved his country and had given the service of the best years of his life to her in- terests. Turning away from this darkest phase of his life, it is a more agreeable task to consider his public official acts. It will be seen on an examination, his messages to the Legislature are of curious rather than instructive interest. They are very brief and for most part, con- sist of a jumble of independent sentences hav- Ms- First Judye* Reynolds. ing no necessary connection with each other and are ill expressed. Much contained in them is very sensible, other matters are frivolous and some things are untrue. In his first mes- sage he congratulated the people of the State on the fact they lived under a "Constitution which secures to each citizen all his rights." Whatever may have been the constitutional provision in respect to equal civil rights, the statutory law was otherwise. At that time there existed an infamous statute which had his unqualified approval that declared "No Negro, Mulatto, or Indian" should give testimony in any cause in which a white man was interested. That security under the con- stitution for all civil rights of which he was so boastful was, in his opinion, intended only for white men. He never regarded a negro as having any civil rights. In one of his messages he called attention to an important matter one in which the people of the State were much concerned. He informed the General Assembly the com- 198 Illinois Supreme Court 1818. mission to establish the northern boundary of the State had made satisfactory progress. Among other things he said they had made many "celestial observations" to ascertain the correct degree of latitude, so they might estab- lish a monument ' 'to mark the true boundary line," and which they did at a point on the Mississippi River. The line then established has ever since been recognized as the true boundary line marking the division between the adjacent States, although Wisconsin is not now, and never was, entirely satisfied with it. The insistence of that State was, the true line is to the south of Chicago. It is curious to note, he says, the receipts into the State Treasury during the two years ending November 30, 1833, amounted in even numbers to $102,000 and the expenses within the same period amounted to $91,000. The latter sum included appropriations for the pen- itentiary and internal improvements. Yet he expressed his belief, the taxes levied upon the people were oppressive and burdensome and ft-8 First Judge* advised the adoption of measures that would afford relief in that respect. Had he lived at this day when multiplied millions of dollars are collected every year by the imposition of taxes upon the property of the citizen over and above special assessments constantly being made by municipal corporations for alleged local improvements, which aggregate an enor- mous sum, it would have vexed his soul and given him much trouble. It is to his credit he always opposed the levying of taxes that would be burdensome upon the people of whom he believed himself to be one of the most oppressed, by unreasonable taxation. A favorite measure with him was the build- ing of the State penitentiary at Alton now long since ceased to be used. In one of his messages perhaps the last one he reported to the Legislature its near completion. It then had twenty-four cells nearly ready for use a number that would now be hardly sufficient for a common jail in any larger county of the State. That, was only a little more than sixty years ago. 200 Illinois Supreme Court 1818. But the event of most note that transpired in the time of his administration was the " Black-Hawk " war. In his message to the Legislature of 1832-1833, he says not much more than to state, the war had been brought to a close. He gave no considerable account of it stating as a reason for such omission it was not necessary at that time to discuss the conduct of the war. By virtue of his office of governor he was commander-in-chief of the State militia. He was in the field most of the time until the war was over. After the militia had been called out by him they were mustered into the service of the United States and thereafter they were commanded by gen- eral officers of the federal army among whom were Gen. Scott and Gen. Atkinson and per- haps some others. It was always conceded, that so far as the management of the war de- volved on the governor of the State, he displayed excellent executive ability and good judgment. After the expiration of his term of office as governor he became a member of the fifteenth Its Firxf Judge* Reynolds. 201 General Assembly which convened in Spring- field in December in 1846. All he did at that term of the Legislature, worthy of mention, has been remarked upon. He was also a member of the eighteenth General Assembly. By that time he had become quite advanced in life and out of compliment to him on ac- count of his eminent public services he was elected speaker of the House. As a presiding officer over a deliberative body he possessed .no abilities that fitted him for the position. Electing him speaker of the House at that session of the Legislature was a mere compli- ment to one, that had been long in public ser- vice of the State. It was a fitting thing to do and in that act of courtesy the Legislature showed its appreciation of his public services. That, was the last public office he held under the State government. The Legislature of 1838-1839 authorized the governor of the State to secure a loan of four millions of dollars with which to prosecute the work on the canal. Gov. Carlin appointed 202 Illinois Supreme Court 1818. Gov. Reynolds one of the agents of the State to secure such loan. The duties of the agency involved a journey to England. He affected not to want to go. This appointment like all positions he received, came to him as a ' 'great surprise. " Yet while insisting he did not want the place, he was much gratified on obtaining it. He was a warm personal friend of Gov. Carlin. They had been in the ' ' ranging ser- vice " together and perhaps in the same com- pany. That was a tie that bound them closely together. On account of his appointment he was very grateful to Gov. Carlin. In his ' ' Own Times" he speaks of him very favorably both as to his executive ability and his natural good sense. In his eulogy of him, which is in- tended to be highly complimentary, he says Gov. Carlin ' 'retired to private life with the de- cided approbation of the people." Gov. Carlin was a man of excellent good sense. He was of Scotch -Irish extraction and was as brave as any one of that noted race. In his younger days he had no objection to a ' 'hand to hand" Its First Judge* Reynolrlx. 203 fight if anyone, in the slang phrase of that day, "was a needin' of a dressing down." Indeed, later in life it was not safe for anyone to offer an affront to him. On his personal courage there never was any discredit. It was a qual- ity that rendered him very popular in that early day and especially with the ' ' Old Ran- gers" with whom he was in the service. Hon. Richard M. Young, then a member of the Senate of the United States, was also appointed by Gov. Carlin an agent on be- half of the State to aid in securing the loan then so urgently needed. Gov. Reynolds at once entered upon the business of his agency. There was an immediate necessity for funds to prevent a stoppage of the work being done on the canal. At Philadelphia he met Gen. Rawlings and Col. Oakley, fund commission- ers for the State, and with their assistance he effected a loan of a million of dollars from the United States Bank of Pennsylvania. That sum enabled the State to go on with the work on the canal and perhaps other public works 204 Illinois Supreme Court 1818. that had been projected, and tided over the impending difficulties in the prosecution of the public improvements in process of construction. Accompanied by his. wife, Gov. Reynolds pre- ceded Judge Young to England and afterwards met him in London. Exactly what he Rey- nolds did in London, or elsewhere, in and about securing a loan for the State, is a diffi- cult matter to ascertain. His own account of his transactions in his agency is very meagre. Shortly after meeting with Judge Young in Lon- don, Gov. Reynolds and his wife crossed over to the continent and made quite a tour through the country. Judge Young remained in London and effected an arrangement for the desired loan, at the time it was thought would be sat- isfactory, but it eventually proved to be a par- tial failure. Perhaps neither party adhered strictly to the loan contract. It seems whatever was done in and about securing the loan for the State was principally done by Judge Young aided doubtless by Gen. Rawlings and Col. Oakley, ft* First Judges Reynolds. 205 both of whom were in London at the time. It is probable, Gov. Reynolds was on the continent most of the time, negotiations were pending in London in respect to the loan, it was so necessary to obtain. He and his wife visited and made quite a stay in Paris. They traveled elsewhere on the continent with a view to see everything of special interest. After their return they visited the principal localities of most note in England. All ex- penses of his journey across the sea were paid by the State except the sum of two hundred dollars of his own funds which he used to de- fray expenses. It was a matter of complaint on his part, he never received one cent of the two hundred dollars expended or anything for his services from the State. It was the opin- ion of many familiar with the history of his agency, he received from the State all his serv- ices were worth. Yet if it were agreed more should be paid, it ought to have been done. Shortly after he returned to Illinois he made a report of his acts and doings in respect to 206 Illinois Supreme Court 1818. his agency, which was approved by Gov. Car- lin. That was the last of his connection with that particular branch of the public service. One thing in connection with his service in the State, ought to be mentioned. It is that no office, he ever held under the State govern- ment, had any considerable emoluments at- tached to it. So that whatever estate he may have acquired, it can not be said, it came from taxation on the people as compensation for office-holding. Its First Judges Reynolds. 207 CHAPTER VIM. JOHN REYNOLDS. His Congressional Career. After the expiration of his term of office as governor of the State, he still pursued, with unabated zeal, the object of his highest am- bition political promotion. It had now be- come a controlling passion with him. He thought himself to be better qualified for poli- tics than for any other profession or occupation and for the remainder of his public life he chose politics as his principal business. It was his.own opinion, he was ' 'tolerably well informed in the science of electioneering the masses. " Of that, no one had the slightest doubt. In ca- pacity for that work, he towered above all 208 Illinois Supreme Court 1818. others. It can hardly be said he had a peer in the State in such a work. In 1834, he be- came a candidate for Congress in the district in which he resided. It was, in its territory, a very large district extending from the Ohio River north to include Macoupin county and east from the Mississippi River so as to include within its bounds with other counties further to the south, Washington, Clinton, and Bond coun- ties. There were then but three congressional districts in the State. One of them extended from the extreme south part of the State north to a line, if extended east, just north of Ma- coupin county.and embraced, all counties lying between the Wabash River and the congres- sional district, in which Gov. Reynolds resided. The other district comprised all the remaining portion of the State to the north, extending to its extreme northern boundary. Many of the most prominent men of the State then resided in the district in which Gov. Reynolds became a candidate. It perhaps contained more prom- inent politicians than either of the other dis- 7/.s Fit-Ht Jmlffen Reynolds. 209 tricts. His opponents in that canvass, were Adam W. Snyder and Edward Humphries both pronounced democrats. The whigs being in a hopeless minority, put forward no candi- date for Congress in that year, so that all the candidates belonged to the same political party. It was all in the "family" and like all "family" contentions, the canvass finally took on much ill-natured strife. Of Adam W. Snyder, per- sonal mention has been made earlier in this sketch. He was a man of sprightly tal- ents, a very pleasant speaker, and an adroit politician. He was really the principal oppo- nent of Gov. Reynolds in that contest. Mr. Snyder conducted an able and vigorous cam- paign not always, however, devoid of some bitterness. He was too honorable and dignified in his bearing, to cope successfully with Gov. Reynolds in the low arts of the mere politician. Of Col. Humphries not much is known. It is said he was an ultra Jackson democrat. Presi- dent Jackson was still the national favorite, and if one would be popular with the people, it was 210 Illinois Supreme Court 1818. not only necessary for him, to favor every measure the president did, but he should love everybody he did and hate everybody he did. Not to do so, was to render him less a demo- crat. Col. Humphries was at one time an officer in the land office at Kaskaskia, but if he held any other office, it is not now recalled. No canvass ever made by Gov. Reynolds was more enjoyed by him, than his first race for Congress. It was more pleasure to him to defeat Snyder than it would have been to de- feat any other man in the State. Gov. Rey- nolds was then at his best as a politician he rejoiced "as a strong man to run a race." He was in excellent health and was full of that hope that gives strength to do battle for suc- cess. He was confident and went before the people, with no other expectation than that he would surely be elected. That confident expec- tation was a strong and valuable element in his character. It is always coupled with success in life. His speeches in that canvass and also his later ones bear a striking likeness to each other. It a First Judge* Reynolds. 211 Had they been literally reported it would have been difficult by the closest reading to fix the date or the occasion when delivered. His, was what might be called a "rattling oratory." In none of his speeches on the ' 'stump, "was there any continuity of thought. Brief as they were never long his speeches contained some- thing in regard to every question involved in the canvass. He discussed no particular sub- ject separately or singly, but discussed all at one and the same time that is, he made "hash" of them. And such an intermixture of truth and error, of piety and profanity, and of seriousness and levity, was seldom if ever heard on this continent either before or since his time. But it must be admitted his "polit- ical hash" was much relished by the people for whom it was prepared, for he was elected over his competitors one of whom, Snyder, was a man of decided ability and of most fas- cinating address. Gov. Reynolds was a candidate for re-elec- tion to Congress in 1836 but he was defeated 212 Illinois Supreme Court 1818. by his implacable opponent, Adam W. Snyder. That was a sore disappointment to him. He attributed his discomfiture to the fact he re- mained in Washington until shortly before the election and did not on that account, have an opportunity to mingle with the people in the canvass. There is doubtless much truth in the reason assigned for his defeat. Had he been among his constituents, the result in all probability would have been different. But Snyder was to him a veritable nemesis, fol- lowing him always in his political life, that boded no good. There was much satisfac- tion to Snyder, in the fact he had inflicted a little vengeance on his opponent, on account of his former defeat, but for the further reason the governor was always in his way. It was thought his defeat would be an over- throw to the governor, from which he would hardly recover. But it was a grave mistake. Politically he seemed to have as many "lives" as "a cat" is said to have, and quite as tena- cious of life. It was not easy to kill him off. Its First Judges Reynolds. 213 At the next congressional election, in 1838, he was a candidate, and his opponent, as usual, was Hon. A. W. Snyder. He was then among his people and was invincible. It was useless to oppose him when he was in the saddle, riding his district over and making his own canvass. At that election he was elected a member of the twenty-sixth Congress, 18391841. He was also elected a member of the twenty- seventh Congress. That was his last term in Congress. There was some dissatisfaction with many, that wanted themselves to go to Congress, with the governor's continuous can- didacy. It was not the intention to defeat him for re-election in 1843, but it was the in- tention to set him back a little. It was thought he had become so strong with the people he would be a perpetual candidate. It is said, it was the opinion of Snyder, the governor would live forever, at least that he would outlive any one then on the earth even longer than "any record" that was ever made. The convention system or assembly of friends a most vicious 214 Illinois Supreme Court 1S1S. invention had then been adopted as a mode of bringing before the people candidates for the various offices. Before that time the race had been ' 'free to all. " No more ill-advised plan of getting a candidate on a ticket to be voted for was ever invented than the present one, called the "Australian ballot or system." It is a snare and a delusion. The old " free to all " race was much preferable because less com- plicated and more readily understood by the people. On the coming together of the poli- ticians not the people to select a candidate for Congress, Robert Smith received the nom- ination. How it happened that Smith was selected as the candidate was not well under- stood certainly not by Gov. Reynolds and his friends. Only politicians were present and they were not all friends of the governor. Had his friends the people been there, no doubt the result would have been different. A nomination was equivalent to an election and Smith became a member of the twenty- eighth Congress. Although it may not be cer- Its First Judf/cs Reynolfa. tainly known how Smith obtained his first nomination for Congress, it is known how he succeeded in being twice re-elected to Con- gress, to the great annoyance of the governor, who was all the time anxious to get back to Congress. It was done by the skillful use of the appliances of party management in which Smith excelled most of his contemporaries. Before that time Gov. Reynolds had be- lieved himself to have been without a rival in "electioneering the masses." But Smith proved himself to be most adroit and skillful, as a political manipulator of the "masses" a work in which he was no mean competitor for the governor himself as will appear later. It was not the intention of the politicians, Smith should go to Congress at all. For some reason it was proposed to give him a complimentary vote, but he proved to be a stronger candidate than was anticipated. But having once allowed him to get into Congress, there was no way by which he could be got out. He managed to become popular with the people. Prior to his 216 Illinois Supreme Court 1818. first candidacy, Smith was a business man in Alton, and was not regarded otherwise than as a mere local politician. The recollection still retained of him, is he was a man of slight build, rather short in stature, of pleasing address- not gifted with any great powers of oratory, but a man of respectable talent, and of fair scholarship. But after his first candidacy he grew with extraordinary rapidity into a "ma- chine politician." It was not long before he became formidable to the older politicians, who wanted to go to Congress, particularly to Gov. Reynolds who had now become so advanced in life he could not wait much longer for Smith to get out of his way. It is said he promised the governor if he could have one term in Congress, he would leave the field thereafter open to him so far as he -was concerned. However that may be, he continued to offer for re-elec- tion until the governor began to think there would be no opportunity for him to have another term in Congress. It was to illustrate the governor's chagrin at Smith's conduct in f(# First Judges Reynold*. 217 this regard, Judge Gillespie often told a little incident. It is that Smith was at a Court where Gov. Reynolds happened to be and he became very much annoyed at Smith's man- ner of mingling with the people. He reminded Smith of his promise to be satisfied with one term in Congress, to which Smith replied he was "Just around returning thanks." But the governor knew better and retorted by saying, "Your maneuvering looks to me a devilish sight more like grace before meats than thanks afterwards." But finally Smith overcome the governor and so tired him out, he had to give up forever his cherished hope to get back into Congress. Unworthy as the feeling was, it was some satisfaction to the politicians, both old and young, to see the "Old Ranger" dis- placed from the line of succession in Congres- sional offices. In his discomfit they thought there would be a sooner opportunity for them to get to Congress. But it was also a satis- faction to the governor that some of them, did not get there. Although out of the fight on 218 Illinois Supreme Court J8J8. his own behalf, he let pass no opportunity to deal severe blows to such of them as had been particularly active against him. His congressional career was quite honor- able and useful although marked by no great achievements in legislation. It is to his credit his life and conduct in Congress left no stain upon his personal or official character. He was a most industrious member of Congress and did what he could to advance the interests of the people of the State whom he, in part, represented. Early in the first session of Congress he attended, he introduced a resolu- tion to the effect that in all elections by the House, for officers, the vote should be taken viva voce. Among the prominent mem- bers of the house that opposed his measure was Millard Filmore, of New York. Upon that resolution he made his first speech in Congress. It was much more elaborate than the importance of the subject demanded. It was much like his speeches at home devoted largely to the interests of the people. The It ft First Jwtyes Reynold.*. iMi rule he advocated was finally adopted and since then that practice has controlled in all elections in the House of Representatives. Although it was a matter of no special impor- tance, he regarded the passage of his resolution as quite a triumph because it was the first measure he had introduced and advocated. A bill of grave importance received his watchful attention. It was the bill introduced to fix the boundaries and establish a government for the territory of Wisconsin. It did not fix the southern boundary with sufficient definiteness to be satisfactory to him. There was then and has ever since been some disagreement in re- gard to the true line between Wisconsin and Illi- nois. There are few questions that occasion more disquieting and vexatious-disputes than division lines whether between private persons or states or nations. It was a question from which future difficulty might well be appre- hended and it was thoughtful on his part to have it settled at once and forever if it were practicable to do so. Accordingly he moved 220 Tirnwis Supreme Court 1818. an amendment to the bill to the effect, the southern boundary of the territory should be the line in 42 30'. That is the same line established by the commission during the time of his ad- ministration as governor, of which mention has been made. His amendment was opposed by John Quincy Adams, of Massachusetts, but it had strong support in the .favorable advo- cacy of Mr. Pinney, of Pennsylvania; Mr. Harden, of Kentucky, and Mr. Vinton and others, of Ohio. It was on this amendment he made his second speech in Congress. The amendment was adopted and with the bill, it became the law. Gov. Reynolds is entitled to much credit for procuring the settling of that most disquieting question before it could become a matter of ill contention between the ad- jacent States. At the time Gov. Reynolds was in Congress there were many distinguished mem- bers both in the House and the Senate. In his "Own Times" he gives interesting personal sketches of a number of them. Among them was Tristram Burgess, of Rhode Island. Mr. Its First Judges Reynold*. 221 Burgess was then quite advanced in life but it is said of him he still possessed all the fire and force of young manhood. Especially he was noted for his powers of invective and denunci- ation. His speeches were short but the gov- ernor adds, ' 'he used most chaste and classical language as if he desired the death of his ad- versary to be caused by a golden ball." In comparing Mr. Burgess with Lord Brougham whom he often heard in the House of Lords when he was in England, he said, ' ' Burgess seemed to mix honey with his language, but Brougham kneaded his with brick-bats and macadamized stones." Other than what is before mentioned, but little else occurred in his congressional career that is worthy of being specially remarked upon. It need hardly be said and especially to anyone who was ever personally acquainted with him, during all the time he was in Con- gress he was a consistent and persistent demo- crat and upon all political measures he voted with that party. As before noted he was an 222 Illinois Supreme Court 1818. ultra pro-slavery democrat and whenever and wherever the institution of slavery was in any way involved he was one of its strongest sup- porters in Congress either from the South or the North. His whole term of service in Con- gress covered a period of seven years that is three full terms and the unexpired term of Hon. Charles Slade that remained after his death. At his first election to Congress he was not only elected for a full term, but for a short term, to fill out the unexpired part of Mr. Slade's term. That explains why his term in Congress was seven years. His office of gov- ernor had not quite expired when the time ar- rived for him to take his seat in Congress as the successor to Mr. Slade. He therefore re- signed his office of governor that he might at once enter upon his congressional duties. On his resignation Hon. William L. D. Ewing, president of the Senate and acting lieutenant- governor became governor for a brief time- about sixteen days until the inauguration of Gov. Joseph Duncan. It is a curious fact, Gov. Its First Judges Reynolds. 223 Duncan was the only whig governor the State ever had, and he had only become a whig shortly before his election. Had the fact been known, he had become a whig, it is hardly probable he could have been elected. Since then there have been governors that had been whigs in the time of that party, but before either of them became governor that grand old party had dis- banded. Gov. Reynolds desired and was anxious for longer service in Congress but he could not secure a re-election. It was a matter of griev- ous disappointment to him. His retirement from Congress was a detriment to the public service. Political life, of which he was very fond, was better suited to him than any other occupation in which he ever engaged, and he had better qualifications for politics than for any- thing else. No man in Congress from this State either before or since his time was ever more constant in his attendance on the sessions of Congress. It is said he rarely, if ever, missed attending for a single day in any session of 224 JWnf>i* Supreme Court 1818. Congress, either on account of sickness or other cause. On the whole, he was a respect- able and most valuable member of Congress. At all times he was watchful of the interests of the State. And more than that, he was very efficient in securing favorable legislation for his State and for his constituents. Regret- ful as it was, Gov. Reynolds was retired so early from useful public and political life, it had its compensation in another field of labor. It enabled him to do an historical work that will be of the greatest value to the people of the State in all the coming centuries. Long after his political labors valuable as they were shall have been forgotten by all the living and shall have ceased to be even mentioned in history, his writings of the history of the State and of the people among whom he lived, will yet endure to make known what a grand people did, in building a great commonwealth in a new country where there had before been neither civilization nor government. In that work he achieved a success that will make him famous in history. Its First Judges Reynolds. 225 CHAPTER IX. JOHN REYNOLDS. His Literary Work. When it became apparent to him his pub- lic life and official labors had about come to a close, Gov. Reynolds began to cast around for something upon which to employ his time. Up to that time his life had been a most active one and it would not have been agreeable to him to retire into a life of mere idleness. The shadows of the evening of life were beginning to fall across his path and it was necessary to select a work suitable to his advancing age and yet a profitable work. It was his desire always to do something that would be of advantage to the age in which he lived. From 226 Tllinoi* Supreme Court 1818. his enforced retirement from public life he came forth only once and that was to become a member of the State Legislature in which he served as Speaker of the House, 1852-1854. At first after his return to private life he de- voted most of his time to study in his library. He made some pretense of practicing law but it was only in that character of business to which reference has been made. Occasionally he may have tried an unimportant case for an old friend who was unable to employ a lawyer but that was all. He had quite a good private li- brary for that early day, and to it he had re- course to occupy his time. Near the central part of the city of Belleville, on Illinois street, was situated his home place. In one corner of the lot where his dwelling house was, he had a little office. Some of his books were kept in that office, and in it he spent much of his time in thought and study preparatory for the literary work he was yet to do. He also had in that office a small hand printing press and some much worn type. It is probable 7ts First Judges Reynolds. 227 he sometimes set up articles he had written using that old type and then printing them on that old press doing all the work him- self. It was only done by way of a pleasant employment. It is a singular fact, but a general truth, when a man becomes advanced in life and gives up all active labors that once engaged his attention, he becomes reflective and natur- ally turns back to reconsider the past. Often he becomes impressed with a desire to write concerning what he recollects that had transpired in the years through which he had passed. Writing the "Recollections of a Life- time," is the normal work of an old man. It is well it is so otherwise much that is valu- able in history would fail with the death of him who writes it. It is a source of profound regret, many of the old pioneers did not record more of the passing events of their times. Had they done so, what a charm it would have had for the generations how living and yet to come. A symposium of such papers would be of the 228 niinoi* Supreme Court 1818. greatest interest. No epic poem would sur- pass it, in entertaining reading. It would pre- sent pioneer life in all its reality, with all it was and with all that was fascinating in that strange life in the wilderness, as truly as the mirage presents the beautiful landscape it lifts to the view of the beholder. It was that work of the ' 'old man, " Gov. Rey- nolds now began to think about and soon began to write concerning. The "Pioneer History" of Illinois was his first and is his greatest work. It was written before his last term in the State Legislature and was pub- lished in 1852. It is a work of unusual merit and every page has a strange and even weird interest. It is inartificially written. There is neither system in its arrangement nor order in its make-up. Many sentences it may be most of them are inaccurately expressed. Events are noted on the same page where a century intervened their happening. Poli- tical matters of grave State importance and the biography of an obscure pioneer are noted Its First Judges Reynold*. 229 and written in the same chapter. Descriptions of a fearful Indian massacre and of a French fliorrmrtare given in close connection. It would seem, he wrote on separate sheets of paper and when he had finished one it was thrown aside to mingle in an unassorted mass and when the printer wanted ' 'copy" he was told to help him- self. It would be difficult to account for the confusion in the recitals of incidents and events he brought together on any other hypothesis. It matters little how inartifically the work is written, or how ill-assorted his materials may be, or how much disorder there may be in putting them together, nothing of all that is seen on its first reading. These blemishes if they are blemishes detract nothing from the value and interest of the work. To one who had ever been personally acquainted with the author, it is one of its charms. It was so natural with him and is so much like his con- versation it brings the reader into his very presence and he seems to hear his simple and unadorned story of persons and events of his 230 lUinniK Suj>rcine Court 1818. times as it falls from his lips. No re-writing of the text by the most scholarly historian would improve it. It would rather detract from it. Even a new edition lacks much of the charm of the "old volume." A feature of his pioneer history that makes it so delight- ful to all older readers is, it is so like the author and they like it most because it is like him. One thought will impress even the casual reader, and that is, after excluding the sketch of the French and the French occupancy of the Mississippi Valley, the materials gathered are original and are the author's own. It is idle and even absurd for any one to claim, he obtained the facts for his history of the pioneers of Illinois from any one's library, for the obvi- ous reason they were not to be found in any book, in any library. The truth is they are not now found anywhere else other than in his own work except as they have been transcribed by recent writers. The facts recorded are the original materials out of which history is woven. He found them where the gatherer searches It* Firxt Judges Reynolds. 231 for the purest diamonds, in the field where they had their origin. Where no one had ever prospected before him, he looked for and found the facts he recorded as history. The best was obtained because it was there for his use. In his historical researches he left so little ungathered, no one has since thought it would be profitable to glean after him. In his chosen field of historical labor he was and is a solitary toiler. The work he did was under- taken at a most opportune time. It could not have been done much sooner and certainly at no later period. The knowledge of the facts he has preserved would soon have failed from the memory of the living, and would soon have been lost by the death of those possessed of the in- formation so important to be secured. The original source of knowledge of that singular people would soon have been closed forever to all searchers after their unwritten history. Most fortunate it is that Gov. Reynolds was pre-eminently fitted for the work -he undertook and to him a debt of gratitude is due for what 23:2 Illinois Supreme Court 1818. he accomplished. Few writers, if any, ever possessed the fitness for such a work as he did. It is in pioneer biography what Boswell's life of Johnson is in individual biography. His biographer, Boswell, and other writers introduce us to Dr. Johnson when he is yet a young man, and from thence on to the close of his life, we are permitted to be in his company in the privacy of his home and with him in the midst of his friends. He seldom uttered a word, we are not permitted to hear, whether serious or playful. We are given the opportunity to see him as he was. We see his great unusual head, his large eyes, his smooth- shaven face, and his short, rotund body. We are permitted to hear even the tones of his voice, louder and stronger than that of any of his friends, and when he spake others were made to hear whether they would or not. Nothing he said or did but seems to be in our presence until we become as familiar with him as was Boswell himself. We are in his com- pany with his friends when he is as cross as a /to First Judges Reynold*. 238 Scotch- Irish school master with his scholars, slapping one and boxing another, and among others the good and gentle Goldsmith whose heart was sometimes nearly broken with his rudeness. At other times we are given the privilege to be with him and see him when he is as gentle as a lamb by the side of the little streamlet in a summer pasture. Often we are astounded by the utterances of his ponderous sentences as they fall from his lips, containing thoughts and wisdom that thrill all hearers. Again we hear him talk with as little sense as anybody else. We are made to know his life as well as he knew it himself. At one time in the stillness of his private chamber we see him indicting most devout prayers. At another time we see him as he gets up and is off at 3 o'clock in the morning for a "frisk" with his young and rather wild friends, Beauclerc and Langton. We are taken to meet him at the ' 'tavern" with his friends, Sir Joshua Reynolds, Oliver Goldsmith, Beauclerc, Langton, David Garrick, and others, and best of all, we are Illinois Supreme Court 1818. permitted to hear his and their conversation. As the story of his life is traced to its end every incident that happened, whether great or small or whether of momentous interest or of no interest at all, has become as familiar to us as if we had lived with him and in his presence all our lives. That is biography in its best sense. With less literary ability but with equally as much vividness, Gov. Reynolds has written the biography of a people among whom he lived. It is the biography of the pioneers of Southern Illi- nois prior to the close of the year 1818. It is the story of the pioneers, French, English, and American in their discovery and early settle- ment of that country that is told. And a strange story it is. If we go with him he will introduce us to them as a people and as individ- uals. We will see them as he saw them and know them as he knew them. We will know their names and where and how they lived and we will become as well acquainted with them as if we had lived among them from the be- Its First Judges Reynolds. 235 ginning. What an intense interest it gives to live over again with them their pioneer life. We will learn who they were and from whence they came. The author makes us to mingle with them in their social gathering and rela- tionships. We are told how they dressed and of what their clothing was made and who made it. We are permitted to sit at their hospit- able tables and hear what passes in the sacred relations of the family to learn what they ate and under what difficulties it was obtained, until we come to know the household as well as the child did, who was born in it. We are permitted to witness their sports and joy-mak- ing in the field and in the home. We are gathered with all the families of the settlement in the block house when assailed by the red warrior of the forests and we see brave men go forth to do battle with them. We see yet braver women defend their homes and children when attacked by those merciless foes of the pioneers. We are given the privilege to mingle with that pioneer people, to hear the 236 Illinois Supreme Court 1818. expression of their thoughts on every subject that concerned them, relating to home and country, religion and politics, and all else that interested them in their mode of living to- gether. We are made acquainted with every effort of that heroic people to establish schools and churches and all else that is indispensable to the growth of the commonwealth, they had come to build in the wilderness. We attend with him their weddings and their funerals and we re- joice with them when they are glad and weep with them when they are sorrowful. He takes us to their religious meetings and so real is the scene reproduced, we almost hear their songs of praise and their prayers for the blessing of our common Father to rest upon them. He makes us to know the good things they did and he shows us all that is wrongful in their conduct as well. Finally he portrays to us with a vividness that makes the whole scene pass before us, their progress from the rude beginning onward and upward to a splendid civilization. The wish is to dwell longer with Its First Judyes Reynolds. 237 that people and the regret is the story of what they were, of their hopes and fears, of their joys and sorrows, of their grand purposes and heroic achievements, is so soon ended. Unpre- tending as this little volume is, it will yet make the name of its author John Reynolds im- mortal as a writer of pioneer biography. Perhaps the next writing that engaged his attention was a work of fiction. It is a little story entitled "John Kelly." It has no plot and is ill-executed in details. It was in- tended to teach lessons of morality and tem- perance. The public did not appreciate it, so it had neither sale nor any considerable reading. The author thought more of it himself than any one else did. It would be difficult now to find a copy of it elsewhere than in some unused closet or garret where rubbish is stored away in the home of an old pioneer to whom he had presented it with his compliments. Descriptive of a brief journey to the east in our own country is, a little pamphlet he wrote and had printed. It was written and 238 flUn-aift Supreme Court 1818. printed more for his own entertainment than for the public. It is probable he set up the type and printed it himself. The next work he undertook was the writing of his "Own Times" or as it is expressed on the title page, ' ' My Own Times, Embracing also the History of My Life." This work comes down in its nar- rative of events to a period later than that covered by his Pioneer History. Still it con- tains much that is embraced in the same period over which the latter work extends. Read as a supplement to his "Pioneer His tory" it is a most valuable and interesting work. In some respects it is a continuation of his history of the pioneers of Illinois prior to 1818. Without his "Own Times" his first history would not be entirely complete. The two works read together give a most graphic and fascinating account of that early period a history nowhere else to be found. Indeed, his writings in these two volumes furnish the principal facts in the biography and other his- l/x Fiffif Judges- Reynolds. 239 tory of the pioneers referred to by most later writers. But his ' 'Own Times" is itself a most valuable contribution to Illinois history and as the years come and go its value will be more and more appreciated. The literary merit of this later work is not much greater than that of his Pioneer History. It is nearly as ill put to- gether. There is the same mingling of sketches of grave matters and of things of trifling importance. Events that had occurred at times far apart are recorded in close proxim- ity. No order in arrangement of his materials is observed everything seems to have come together without respect to the time of the oc- curring of the events mentioned or their con- nection with each other. But after all, as is the case with his Pioneer History, this want of system and this confusion of matter do not detract from the interest of his work. Later he wrote and published a brief sketch of the life of Rev. Dr. John Mason Peck. It is a small volume, not much larger than the usual pamphlet, but is divided into twenty-five 240 Tllinoifi Supreme Court 1818. chapters. In diction and style of composition it is very little improvement on any of his other writings. That same confusion of sub- jects found in his other writings is also seen in this little volume. Dr. Peck and the author were very fond of each other. ' 'Damon" and ' 'Pythias" were not much better friends. Yet in most respects they were wholly unlike. One was a very religious man, and the other was just as irreligious one would swear and the other would pray one devoted the best years of his life to the work of establishing Sunday-schools, and the other was, perhaps, never in a Sunday-school in his life one was anti-slavery in principle and the other was intensely pro-slavery one was a whig and the other was a democrat one was a minister of the gospel and preached its holy teachings and the other was a politician and rarely ever heard a sermon one was a typical Western man and the other was a typical New England man. There were, however, a few things in which they were in accord. Both were in favor of 7/.s Firxt Judges Re-i/)i