Yale University Library 39002002882315 I nr~x7~ He was carried away on the shoulderB of his admirers and was dubbed "The Little Giant.' MRS. LIZZIE ROWEN HEXBY. A pupil of Douglas. MR. AND MRS. THOMAS PHILIP ROWEN. 17 terest and took an active part. I supported the Democratic candidates; William Kinney for Governor against Gen. Joseph Duncan, and Wm. L. May for Congress against Benjamin Mills, and the Democratic ticket for the Legislature in my own county. We lost our Governor; elected our Congressman; and a part of our legislative ticket. At this time John J. Hardin, Esq., (now Gen. Hardin) held the office of state's attorney, under an appointment from Governor Reynolds, which then had two years to run. He had procured this appointment through the aid and influence of Col. James Evans, Col. William Weath- erford, Capt. John Wyatt and other leading Democrats, every one of whom he opposed at the next election after the appointment. Capt. Wyatt was the only one of them who succeeded in his election, and was so indignant at Hardin for what he called his ingratitude, that he deter mined upon removing him from office at all hazards. The opposition having succeeded in electing their Governor, there was no hope from that quarter; and the only resort left was to repeal the law conferring the appointment upon the Governor, and make the office elective by the Legislature. At the request of Capt. Wyatt, I wrote the Bill, and on the second day of the session of the Legislature which commenced on the first Monday in December, 1834, he introduced his bill, and also another bill written by myself making the county recorder's election by the people, instead of being appointed by the Governor. I felt no peculiar interest in these bills any further than I thought them correct in principle, and desired to see them pass because my friends warmly supported them. Both the bills were violently opposed by the opposi tion (alias Federal Party) and advocated by a large majority of the Democrats, and finally passed by a small majority. When sent to the Council of Revision (composed of the Governor and Judges of the Su preme Court) for approval, they were both vetoed; the former as uncon stitutional, and the latter because it was inexpedient. Then came a desperate struggle between the friends and opponents of the bills, and especially the states attorney bill. The opposition charged that its only object was to repeal Hardin out of office in order to elect myself in his place, and that the whole movement had its origin in Wyatt's malice and my selfishness and ambition. I will here remark, and most 18 solemnly aver it to be true, that up to the time this charge was made against me, I never had conceived the idea of being a candidate for the office, nor had any friend suggested or hinted to me that I could or ought to receive it. But from that moment forward, the friends of the bill declared that, in the event they passed the bill over the heads of the Council, I should be elected to the office. At this time I did not desire to be a candidate, for I had no reason to suppose I could be elected over so formidable an opponent who had been a long time a resident of the State, had fought in the Black Hawk War, and was well acquainted with the members. My short residence in the State, want of acquain tance, experience in my profession and age, (being only twenty-one years old) I considered insuperable objections. My friends however, thought differently, passed the bill, • and elected me on the first ballot by four votes majority. I will here remark that although I wrote this bill and reaped first fruits under it, and was inchned at that time to think it was correct in principle and ought to become a law; yet subsequent experience, observation and reflection have convinced me of my error; and I now believe that all Legislative elections ought to be abohshed, and the officers either appointed by the Governor and Senate, or elected by the people. In this remark I do not mean to include clerks of our courts, whose appointments, I am inclined to think, ought to be vested in the judges. Immediately upon my election as states attorney I procured all the standard works upon criminal law within my reach, 1 ° such as Archbold, Chitty, Roscoe, McNally, Hale's Pleas of the Crown &c, &c; and devoted myself to the study of them with a determination of making myself master of that branch of my profession. My official duties being exclusively within the line' of my profession, I now applied myself assiduously to study and practice. How far I succeeded in this, I must leave to others, who are more impartial judges than myself. An amus ing circumstance occured in McLean county at the first court after my election as prosecuting attorney. The grand jury had found a large number of indictments for different offences, and I had been engaged 9 The bill was passed finally over the council's veto. it Daniel Roberts loaned Douglas these books. Wyatt loaned him the horse to ride over the circuit. Old Court House, Jacksonville, Illinois. Built 1S28. Vacated and torn down in 1872 or 1873. 19 all night in writing them, in great haste, in order to discharge the grand jury and enable them to return to their families. After the grand jurors were discharged John T. Stuart, Esq., came into court and moved to quash all the indictments, although he had been employed in but a small number of the cases. He stated his reasons for quashing the indictments, which were that they were presented by the "grand jurors in and for the County of McClean" when in fact there was no such County as "McClean," the true name of the County being "McLean". The manner of making this motion was very pompous and accompanied with some rather contemptuous remarks imputing ignorance to the writer of the indictments. Contrasting my youth and inexperience with the long practice and reputation of the opposing counsel, I con sidered his conduct extremely ungenerous, and more especially in a county where he was well acquainted with the people and I was an entire stranger. The moment the motion to quash was made and the objection was pointed out, it struck my mind as being fatal to all the indictments, and had it been done in a respectful and courteous man ner, I should have made no objection to the indictments being quashed. When the Judge (Stephen T. Logan) asked me if I had anything to say in support of the indictments, I told him I did not consider it necessary as yet to say anything, Mr. Stuart having made the motion and having the affirmative of the question, the burden of proof of course rested upon him. That I presumed the court would not take official notice that I had not spelled the name of the county right until some evidence had been adduced to sustain the motion, and when such evidence should be produced, it would then be time enough for me to rebut such evidence. The court decided that it could not officially take notice of the precise mode of spelling the name of the county, and gave Mr. Stuart time to procure the statute creating and naming the county. My object was now accomplished; knowing there was none of the statutes to be found in the county, and that it would require a good deal of traveling, trouble and expense to procure one, which would sufficiently rebuke the gentle man's insolence; but not doubting that when the statute was produced, it would show that the defect in the indictments was fatal and they ought to be quashed. After a lapse of two days the Statute was procured from an adjoining county, and produced and read to the court by Mr. Stuart, 20 when to his astonishment, and I will say to the astonishment of myself and the whole bar, it appeared that the name of the county in the in dictment was right, and that the learned gentleman did not know how to spell the name of the county he had practiced in for years. It turned the joke upon him so completely, and excited so much mirth and humor at his expense, that he could not conceal his chagrin and mortification. The indictments were all sustained by the court, much to my gratifi cation. Some time afterwards I took the pains to compare this printed statute with the enrolled bill in the office of the Secretary of State, and •found there was a misprint, the true name of the County being McLean. This small incident, although of no consequence of itself, has been an instructive lesson to me in the practice of law ever since, to-wit: Admit nothing, and require my adversary to prove everything material to the success of his cause. Every lawyer's experience teaches him that many good causes are saved and bad ones gained by a strict observance of this rule. During the time I held the office of states attorney, I con ducted many important criminal prosecutions, and as far as I have been able to learn, acquitted myself in a manner satisfactory to my friends and the public generally. In August, 1836, 1 was elected to the Legislature from the county of Morgan. The contest was a very spirited one, conducted almost solely upon national politics and party grounds. Each party ran a full ticket and strived to elect the whole ticket. The stump speeches were made, principally by Gen. John J. Hardin11 on behalf of the Whig ticket, and by myself in support of the Democratic ticket. The contest resulted in the election of five Democrats and one Whig (Gen. Hardin). On the 1st Monday of December, 1836, 1 resigned my office of states attorney, and took my seat in the Legislature. * 2 It was during this session that Illinois embarked in her mammoth system of internal im provements. Before the election I had announced myself in favor of a general system of internal improvements, and was really anxious to see one of reasonable extent and expense adopted; but never for a moment dreampt of anyone's advocating such a wild and extravagant scheme as the one which was finally adopted. " Hardin desired an election as a vindication at home. He was the only Whig elected in Morgan county. 6 is Twenty-three years old. Abraham Lincoln served in this Tenth General Assembly It was the most notable in Illinois history. J QQj'Jllo^y^ ^>~t)^-kU^Z Facsimile of signature of the first American Douglas, ancestor of Stephen A. Douglas. 21 When I learned the nature and extent of the bill which the Committee on Internal Improvements were maturing, I attempted to arrest it by introducing resolutions by way of instructions (see House Journal of 1836-7, page 36) setting forth the kind and extent of a system I thought ought to be adopted. My resolutions proposed 1st: To finish the Illinois and Michigan canal. 2nd: To construct a railroad from the termination of the canal to the mouth of the Ohio river. 3rd: To make a railroad from the Mississippi river to the Wabash to connect with the Wabash and Erie canal. I was willing and anxious to make these three works on the faith of the State; but was unwilling to go further. I believed the canal to be an important State and National work, which would be useful to the government and people. I entertained doubts whether the plan of construction adopted by the commissioners was the best one that could be pursued, but rather than hazard the success of the work by differ ences of opinion as to the best manner of doing it, I determined to sup port and did support the bill which was passed that session. In fact the bill passed that session was a compromise bill written by myself and introduced by Capt. Joseph Napier of Cook county from a com mittee of which we were both members. But to return to the internal improvements system; when it was ascertained from my conversation, speeches, and resolution that I would oppose the mammoth bill, its friends procured me to be instructed by my constituents to go for it. It must be remembered that at that day the people were for the system — almost en masse. So strong was the current of popular feeling in its favor that it was hazardous for any politician to oppose it. Under these circumstances it was easy to obtain instructions in favor of a measure so universally popular, and accordingly the friends of the bill got up instructions, which, from my known sentiments in favor of the doctrine of instruction, I did not feel myself at liberty to disobey. I accordingly voted for the bill under these instructions. That vote was the vote of my constituents and not my own. My own sentiments upon this subject are found recorded in the resolutions above referred to. If a limited and reasonable system, such as I proposed, had been adopted, instead of the one which did pass, s * I have no doubt it would have been entirely completed at this time, would be useful to the State and sustained by the people. There was another question which excited much interest during that session. Immense numbers of apphcations were made for charters of all kinds and description; railroads, canals, insurance companies, hotel companies, steam mill companies &c, &c. I first attempted to arrest this whole system of legislation as unjust, impolitic and unwise. Fail ing in this, I next attempted to cripple it by inserting in each charter a clause "reserving the right to alter, amend or repeal this act whenever the public good shall require it." Note: The original of the above sketch of Senator Stephen A. Douglas, of Illinois, is in a small blank book found among his private papers. It is in his own handwriting, hastily written and evidently never revised or continued. It is dated September 1st, 1838, when he was only twenty-five years of age, and does not extend beyond his service in the Legislature. It was evidently never intended for publication but may now have some public interest as the candid statement of the boy hood and early manhood of a young man who had bravely and success fully faced life's battle; and who was writing frankly purely for his own future information, and at a time when the circumstances were yet fresh in his mind. Autobiographies are generally carefully written in old age when the circumstances of early youth have grown dim, and perhaps unconsciously colored by the struggles and experiences of after life. Robert M. Douglas. March 5, 1909. > > The State was bankrupt for years in consequence. VALE UNIVERSITY c39002 QQ2RB 2 315b