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Inasmuch as this decision has never been overruled by a higher court, it stands as the only judicial determination of the long-controverted question.
A DOUBTFUL COMPLIMENT
Mr. Clark was the leader of the Metamora Bar when I located there— and so continued. My first case, and the compliment of somewhat doubtful significance bestowed upon its termination, came about in this wise. I was retained for the plaintiff before Squire Fairchild in a suit involving the ownership of a calf of the alleged value of seven dollars. It being my first case, and having the aforementioned leader as my professional antagonist—and what was of far greater consequence, a contingent fee of two dollars and a half trembling in the balance—it may well be supposed that no effort was spared upon my part. I won the case, of course—what lawyer ever told about a case that he had not won?
The same evening a little group in the village store were discussing the merits of the case, and comparing the forensic effort of the new lawyer with that of the old-time leader already mentioned. At length one Tobias Wilson, as he slid down from his accustomed perch upon the counter, significantly observed, "Men, you may say what you please, but for my part, I had ruther hear Stevenson speak two minutes than to hear old Clark all day!"
STRONG PERSONAL ATTACHMENT
Mr. Clark—whose early advantages had been none of the best—was once counsel for the proponent in a closely contested will case. The testator, passing by the next of kin, had left his entire estate to a personal friend, a man not of his own blood.
In attempting to impress upon the jury the reasonableness of this disposition, Clark said: "This, gentlemen of the jury, is another striking illustration of the power of human friendship. All history—sacred and profane—is full of instances of strong personal attachments. Who can ever forget the undying affection of David and Jonathan, of Damon and Pythias, of Scylla and Charybdis?"
IRISH WIT
Judge Baldwin has left of record the witty reply of Jo Heyfron, an Irish lawyer, to a Mississippi judge. The judge, having rendered a very ridiculous decision in a cause in which Heyfron was engaged, the latter slowly arose as if to address the Court. The judge, exceedingly pompous and a poor lawyer withal, in imperative tone said: "Take your seat, Mr. Heyfron; you have practised at this bar long enough to know that when this Court renders a decision, its wisdom can only be called in question in a higher Court."
"If Your Honor plase," replied Jo in deprecatory tone, "far be it from me to impugn in the slightest degray the wisdom of Your Honor's decision. I only designed to rade a few lines from the book I hold in my hand, in order that Your Honor might parsave how profoundly aignorant Sir William Blackstone was upon this subject!"
It is difficult, at this day, to realize that such scenes could ever have been enacted in an English Court, as were not infrequent during the era embracing the celebrated "State Trials." While one of these was in progress, and Curran in the midst of his argument, the judge contemptuously turned his back upon the advocate, and began fondling a favorite dog at his side. The argument was at once suspended. "Proceed, sir," were the words which at length broke the stillness that had fallen upon the vast assemblage. "Ah!" exclaimed Curran, "I was only waiting for Your Lordship to conclude your consultation with your learned associate!"
ENGLISH JOKES ABOUT LAWYERS
Possibly the most solemn book in the world, not excepting Burton's "Anatomy of Melancholy," or even "Fearne on Contingent Remainders," is an English publication of a half-century or so ago, entitled "Jokes about Great Lawyers."
Of several hundred alleged jokes, two or three will bear transplanting.
"My Lord," began a somewhat pompous barrister, "it is written the book of nature ——" "Be kind enough," interposed Lord Ellenborough, "to give me the page from which you quote."
To the opening remark of an equally pompous barrister:
"My Lord, the unfortunate client for whom I appear ——" "Proceed sir, proceed," hastily observed the judge, "so far the court is with you!"
Ellenborough, when at the bar, after protracting his argument to the hour of adjournment, said that he would conclude when it should suit His Lordship's pleasure to hear him.
The immediate reply was: "The Court will hear you, sir, to-morrow; but as to the pleasure, that had long been out of the question."
GREATNESS UNAPPRECIATED
Gibbon has somewhere said, that one of the liveliest pleasures which the pride of man can enjoy is to reappear in a more splendid condition among those who have known him in his obscurity.
A case in point is a lawyer of prominence in one of the Western States, who soon after his appointment to a seat in the Cabinet revisited his early home. Meeting an acquaintance upon his arrival at the railway station, the visitor, with emotions akin to those described by Gibbon, ventured to inquire what his old neighbors said when they heard of him being appointed to a place in the Cabinet.
The unexpected reply was: "Oh, they didn't say nothin'; they just laughed!"
ALL IN HIS WIFE'S NAME
The late Colonel Lynch was for many years the recognized wit of the Logan County Bar. His repeated efforts, upon a time, to collect a judgment against a somewhat slippery debtor, were unavailing; the claim of the wife of the debtor, to the property attached, in each instance proving successful. Immeasurably disgusted at the "unsatisfied" return of the third writ, the Colonel indignantly exclaimed: "Yes, and I suppose if he should get religion, he would hold that, too, in his wife's name!"
A RETORT BY CURRAN
The stinging retort of the Irish advocate Curran is recalled. At the close of his celebrated encounter with one of the most overbearing of English judges, the latter insultingly remarked to the somewhat diminutive advocate: "I could put you in my pocket, sir." To which, with the quickness of a lightning flash, Curran retorted: "If you did, Your Lordship would have more law in your pocket than you ever had in your head!"
Fiercely indignant, the judge replied: "Another word, and I will commit you, sir." To which Curran fearlessly retorted: "Do, and it will be the best thing Your Lordship has committed this term!"
REMITTING A FINE
About every courthouse in the "Blue Grass" still linger traditions of the late Thomas F. Marshall. For him Nature did well her part. He was a genius if one ever walked this earth. Tall, erect, handsome, of commanding presence, and with intellectual endowment such as is rarely vouchsafed to man, no place seemed beyond his reach. Having in addition the prestige of family, that counted for much, and being the possessor of inherited wealth, it indeed seemed that to one man "fortune had come with both of her hands full." The successor of Clay and Crittenden as Representative for the Ashland District, a peerless orator upon the hustings, at the bar, and in the Great Hall, his life went out in sorrow and disappointment.
"Of all sad words of tongue or pen The saddest are these, 'It might have been!'"
His eulogy upon the gifted and lamented Menifee, the tribute of genius to genius, belongs to the realm of the loftiest eloquence, and seldom have words of deeper pathos been written than his own obituary —"Poor Tom's a-cold"—by George D. Prentice.
As to why that which seemed so full of promise "turned to ashes upon the lips," the following will explain. Meeting his kinsman, the Rev. Dr. Breckenridge, he said: "Bob, when you and I graduated, you took to the pulpit and I to the bottle, and I have stuck to my text a good deal closer than you have to yours!"
Not inaptly has hell been described as "disqualification in the face of opportunity."
Bearing in mind Marshall's invariable habit of not paying his debts, the point of the closing remark of the judge in the incident to be related will appear. Marshall was engaged in the defence of a man charged with murder in a county some distance from his own home. Failing repeatedly in his attempt to introduce certain testimony excluded by the Court, he at length exclaimed:
"It was upon just such rulings as that that Jesus Christ was convicted."
"Mr. Clerk, enter up a fine of ten dollars against Mr. Marshall for contempt of court," was the prompt response of the judge.
"Well," said Marshall, "this is the first time in a Christian country I have ever heard of a man being fined for abusing Pontius Pilate!"
"Mr. Clerk," said the judge, with scarcely suppressed indignation, "enter up a fine of twenty-five dollars against Mr. Marshall for contempt of court, and the further order that he be imprisoned in the common jail of the county until the fine and costs are paid."
The death-like stillness that fell upon the assemblage was at length broken by Mr. Marshall arising and gravely addressing the Court.
"If Your Honor please, I am engaged in the trial of an important case, one where human life may depend upon my efforts. I have just been fined twenty-five dollars and ordered to be imprisoned until the fine is paid. Upon a careful examination of my pockets, I find that I have not that amount nor any other amount about my person. I am more than one hundred miles from home and among strangers. In looking over this audience, I find but one familiar face, that of Your Honor. I am therefore constrained to request Your Honor, as an old and cherished friend, to lend me the amount necessary to discharge this fine."
Instantly the judge exclaimed: "Remit that fine, Mr. Clerk; the State is more able to lose it than I am."
A CASE "ON ALL-FOURS"
Near two-thirds of a century ago, one of the best-known lawyers in Illinois was Justin Butterfield. He was one of the most eloquent of the gifted Whig leaders of the State when the list included such names as Lincoln, Stuart, Hardin, Browning, Baker, and Linder. He was the earnest champion of General Zachary Taylor for the Presidency in 1848, and his party devotion was rewarded by appointment to the commissionership of the General Land Office. The only appointment for which Mr. Lincoln was ever an applicant was that given to Butterfield soon after the inauguration of President Taylor.
Of few lawyers have brighter things ever been told than of Justin Butterfield. During the fierce anti-Mormon excitement— which resulted in the destruction of the Nauvoo Temple and the expulsion of the Mormons from the State—the "Prophet," Joseph Smith, was placed upon trial for an alleged felony. The Hon. Nathaniel Pope was the presiding judge, and Butterfield counsel for Smith. A large audience, including many elegantly dressed ladies, was in attendance.
When he arose to address the Court, Butterfield with great dignity began:
"I am profoundly impressed with the solemnity of the situation and the awful responsibility resting upon me. I stand in the presence of his Holiness the Pope, surrounded by angels, to speak in defence of the Lord's anointed Prophet!"
While in active practice, Butterfield was upon one occasion opposing counsel to the Hon. David A. Smith in the Supreme Court of the State. The latter had concluded his argument and with head resting upon the table in front, had fallen asleep while Butterfield was speaking. A gleam of sunlight which had found its way through the window opposite, had fallen upon the very bald head of Smith, causing it to shine with unwonted brilliancy. Suddenly pausing and with arm extended toward his sleeping antagonist, Butterfield solemnly observed:
"The light shineth upon the darkness and the darkness comprehendeth it not!"
As the Old State Bank was about to expire by reason of limitation, the General Assembly passed a bill extending its corporate life fifteen years. In litigation in which Butterfield was counsel, the legal effect of the Act mentioned being involved, the opposing counsel insisted that the legal effect of said Act was the creation of a new bank. Butterfield in reply insisted that "a new bank had not been created, but simply the life of the old one prolonged. A case in point, your Honor, precisely 'on all-fours' with this, is the well-authenticated one of the good Hezekiah when the Lord lengthened out his life fifteen years for meritorious conduct. Now, sir, did he thereby make a new Hezekiah, or did he leave him just the same old Hezekiah?"
"GOING OUT WITH THE TIDE"
Soldier, lawyer, and wit was Colonel Phil Lee of Kentucky. When it is borne in mind that he was of exceedingly small stature the following incident—one he often related—will be appreciated.
Immediately upon attaining his majority he was a candidate for the Legislature. On election day he was quietly seated on a barrel in the room where the election for his precinct was being conducted, when an old Deacon from the Tan Bark settlement came in to vote. His choice for the State officers and for Sheriff was called out after some little parleying as to who were the best men, and the voter was about to retire, when one of the judges said,
"Deacon, ain't you going to vote for a candidate for the Legislature?"
"Yas, of course, I like to forgot all about that; who is running for the Legislature?"
At which Phil, hopping down from the barrel, said, "Deacon, I am a candidate."
"Who, you?" inquired the Deacon—with half contemptuous gaze at the diminutive-looking aspirant; then turning to the judge he said, "Just put me down for the other fellow!"
Admitted to the bar at Shepherdsville in his native county of Bullitt, when barely of age, his first appearance was as attorney for the plaintiff in a breach-of-promise case of much local celebrity. His speech held the jury and by-standers literally spellbound, and it was confidently asserted that the classic banks of Salt River will probably never witness such flights of eloquence again. At its close Phil was warmly congratulated by an old Squire from the "Rolling Fork."
"Phil, that was a mighty fine speech, a mighty fine speech, Phil, now mind, I tell you. That speech reminded me of Henry Clay."
At the first mention of that name, the Squire was promptly invited out to take a drink. The first round of hospitality happily concluded, Phil was in readiness for any additional observations from the Squire.
"Yes, Phil, when you kinder rared back and throwed your right hand straight up, thinks I, Henry Clay, Henry Clay!"
Whereupon the Squire was without unnecessary delay invited to take another drink. This accomplished, the Squire still held the floor.
"Yes, Phil, yes, Phil, todes the last when you made that big swoop with both arms and 'peared like you was gwyen right up to the rafters, thinks I, Shore 'nough, Henry Clay come back from his grave!"
As flesh and blood could not stand everything, the old Squire was promptly invited to take another drink. Number three being property placed to his credit, the Squire continued:
"Yes, Phil, you peared to me to be Henry Clay right over again with jist one leetle difference."
At this Mr. Lee, curious to know what could be the one possible little difference, when there were so many points of resemblance between two such orators as himself and Henry Clay, ventured to inquire. "I think," said the Squire, "this, Phil,—you peared to kinder lack his ideas!"
And now comes the tragic ending of a brilliant career. Lee, while Commonwealth's attorney, was in the last stages of that dread disease, consumption. A murder case was on trial in which he felt a deep interest. The case was one of unusual atrocity, and the accused—a man of some local prominence—had been exceedingly defiant towards the wan and emaciated prosecuting attorney from its beginning. With much difficulty Colonel Lee succeeded in getting to the court-room in order to make the closing speech to the jury. Utterly exhausted,—after depicting the horrible crime in all its enormity and demanding the extreme penalty of the law upon its perpetrator,—at its close, in tones that touched the hearts of all who heard him, he exclaimed:
"Gentlemen of the jury, I have prosecuted the pleas of this Commonwealth until the blood has dried up in my veins, and the flesh has perished from my bones!"
These were his last words—and his life went out that same night just as the clock struck twelve. At the self-same hour the steps of the jury were heard slowly ascending to the court-room which had witnessed his last effort—their verdict, "Guilty, the penalty, death!"
LI THE "HOME-COMING" AT BLOOMINGTON
McLEAN COUNTY'S READINESS TO WELCOME HER CHILDREN—HONOR TO THE EARLY SETTLERS—BEAUTY OF THE COUNTY—ITS PROGRESS—ITS ORGANIZATION —PRAISE OF JOHN McLEAN—HIS CAREER IN CONGRESS, IN THE ILLINOIS LEGISLATURE, AND IN THE SENATE—McLEAN COUNTY'S HEROISM—REMINISCENCES OF THE OLD COURT-HOUSE—FRENCH EXPLORERS IN THE ILLINOIS COUNTRY —MARQUETTE AND JOLIET EXPLORE THE UPPER MISSISSIPPI—LA SALLE EXPLORES THE ST. LAWRENCE, THE OHIO, AND THE MISSISSIPPI TO ITS MOUTH—EXTENT OF FRANCE'S POSSESSIONS IN AMERICA—THE STRUGGLE BETWEEN FRANCE AND GREAT BRITAIN—GEORGE R. CLARK CAPTURES KASKASKIA FROM THE BRITISH—VIRGINIA CEDES TERRITORY, INCLUDING ILLINOIS, TO THE UNITED STATES—THE LOUISIANA PURCHASE—ILLINOIS ORGANIZED— SUMMARY OF SUCCEEDING EVENTS IN THE HISTORY OF ILLINOIS.
The McLean County (Illinois) "Home-Coming" of June 15, 1907, was an event of deep significance to all Central Illinois. On that occasion I delivered the welcoming address, as follows:
"These rare days in July mark an memorable epoch in the history of this good county. The authoritative proclamation has gone forth that her house has been put in order, that the latch-string is out —all things in readiness—and that McLean County would welcome the return of all her children who have in days past gone out from her borders.
"In the same joyous and generous spirit in which the welcome was extended, it has been heeded, and from near and far, from the land of flowers and of frosts, from the valley of the Osage, the Colorado, and the Platte, from the golden shores of California, and 'where rolls the Oregon'—sons and daughters of this grand old county have gladly turned their footsteps homeward.
"'When they heart has grown weary and thy foot has grown sore, Remember the pathway that leads to our door.'
"As in the ancient days all roads led to Rome, so in this year of grace, and in this glorious month of June, all roads lead back to the old home; to the hearthstones around which cling the tender memories of childhood, and of loved ones gone—to the little mounds where sleep the ashes of ancestral dead.
"The 'Home-coming' to which you have been invited will leave its lasting impress upon all your hearts. The kindly words that have been spoken, the cordial grasp of the hand, the unbidden tear, the hospitality extended, have all given assurance that you are welcome. Here, for the time, let dull care and the perplexities that environ this mortal life be laid aside, let whatever would in the slightest mar the delight of this joyous occasion be wholly forgotten; so that in the distant future, to those who return and to those who stay, the recollection of these days will be one of unalloyed pleasure; and so that, when in the years to come we tell over to our children of the return to the old home, this reunion will live in our memories as one that, like the old sun-dial, 'marked only the hours which shine.'
"No place so fitting for this home-coming could have been selected as this beautiful park, where the springing grass, transparent lake, and magnificent grove—'God's first temple'—seem all to join in welcoming your return. How, from a mere hamlet, a splendid city has sprung into being during the years of your absence! No longer a frontier village, off the great highway of travel, with the mail reaching it semi-weekly by stage-coach or upon horseback,—as our fathers and possibly some who now hear me may have known it,—it is now 'no mean city.' Its past is an inspiration; its future bright with promise. It is in very truth a delightful dwelling-place for mortals, and possibly not an unfit abiding-place for saints. Whoever has walked these streets, known kinship with this people, called this his home—wherever upon this old earth he may since have wandered—has in his better moments felt an unconquerable yearning that no distance or lapse of time could dispel, to retrace his footsteps and stand once more within the sacred precincts of his early home. Truly has it been said: 'No man can ever get wholly away from his ancestors.' Once a Bloomingtonian, and no art of the enchanter can dissolve the spell. 'Once in grace, always in grace,' whatever else may betide! Eulogy is exhausted when I say that this city is worthy to be the seat of justice of the grand old county of which it is a part.
"Upon occasion such as this, the spirit of the past comes over us with its mystic power. The years roll back, and splendid farms, stately homes, magnificent churches, and the marvellous appliances of modern life are for the moment lost to view. The blooming prairie, the log cabin nestling near the border-line of grove or forest, the old water-mill, the cross-roads store, the flintlock rifle, the mould-board plough, the dinner-horn,—with notes sweeter than lute or harp ever knew,—are once more in visible presence. At such an hour little stretch of the imagination is needed to recall from the shadows forms long since vanished. And what time more fitting can ever come in which to speak of those who have gone before,—of the early settlers of this good county?
"It was from the beginning the fit abode for men and women of God's highest type—and such, indeed, were the pioneers. Their early struggles, their sacrifices, all they suffered and endured, can never be fully disclosed. But to them this was truly 'the promised land'—a land they might not only view, but possess. From New England, Ohio, the 'Keystone,' and the 'Empire' State, from the beautiful valley of the Shenandoah and the Commonwealths lying westward and to the south, came the men and women whose early homes were near the banks of the little streams and nestled in the shades of the majestic groves. Here they suffered the hardships and endured the privations that only the frontiersman might know. Here beneath humble roofs, their children were born and reared, and here from hearts that knew no guile ascended the incense of thanksgiving and praise. The early settlers, the pioneers, the men who laid the foundations of what our eyes now behold, builded wisely and well. Their descendants to-day are in large measure the beneficiaries of all that they so wisely planned, so patiently endured. These names and something of what they achieved will go down in our annals to the after times. Peace to their ashes; to their memory all honor! They were the advance guard—The builders—and faithfully and well they served their race and time. Upon nobler men and women the sun in all his course hath nowhere looked down.
"And where upon God's footstool can domain more magnificent than this good county be found; one better adapted to the habitation of civilized man? The untrodden prairies of three-quarters of a century ago, as if touched by the wand of magic, have become splendid farms. And groves more beautiful the eye of man hath not seen.
"Containing a population of less than two thousand at the time of its organization, there are more than seventy thousand souls within the bounds of this good county to-day. The log cabin has given way to the comfortable home. The value of farm lands and their products have increased beyond human forecast or dream. As shown by the last Governmental report, McLean County contains four thousand eight hundred and seventy-three farms, aggregating seven hundred thirty-seven thousand five hundred and seventy-eight acres. The corn product for the year 1899 exceeded fifteen millions of bushels, being near one-twentieth of that of the entire State. In the value of its agricultural products it is third upon the list of counties in the United States.
"The life of the farmer is no longer one of drudgery and isolation. Modern conveniences and appliances have in large measure supplanted the hard labor of human hands, lessened the hours of daily toil, and brought the occupant of the farm into closer touch with the outer world. More than all this, our schoolhouses, universities, churches, and institutions for the relief of the unfortunate and dependent, all bear witness to the glad fact that in our material development the claims of education, of religion, of charity, have not been forgotten. It is our glory, that in all that tends to human progress, in all that ministers to human distress, in whatever appeals to and develops what is best in man, or brings contentment and happiness to the home—in a word, in the grand march of civilization—McLean County moves in the van.
"Possibly no occasion more fitting can arise in which briefly to speak of the organization of McLean County, and something of important events of its history. At the session of the Legislature at Vandalia in the winter of 1830-31, a petition—borne to the State capital by Thomas Orendorff and James Latta—was duly presented, praying for the organization of a new county to be taken from Tazewell and Vermilion. The territory embraced in the proposed county included the present limits of McLean and large portions of neighboring counties organized at a later day. In accordance with the petition, a bill was passed, and its approval by the Governor on the twenty-fifth day of December, 1830, marks the beginning of the history of this good county.
"The name of 'McLean' was adopted upon the motion of the Hon. William Lee D. Ewing, some of whose kindred have for many years been residents of this city. Mr. Ewing had been the close friend of the man whose name he thus honored, and was himself in later years a distinguished Senator in Congress.
"By the terms of the bill mentioned, the seat of justice of said county was to be 'called and known by the name of Bloomington.' It was further provided that until otherwise ordered the courts of said county should be held at the house of James Allen. The first term of the Circuit Court was held in April, 1831, at the place indicated, the historic 'Stipp House,' but recently standing, a pathetic reminder of by-gone days. The presiding judge of that court was the Hon. Samuel D. Lockwood, of Springfield—an able and eminent jurist of spotless record. By legislative enactment, five times since its organization, valuable portions of McLean—aggregating nearly four-sevenths of its original territory—have been carved in the formation of the counties of Logan, Livingston, Piatt, De Witt, and Woodford. Notwithstanding all this, McLean County yet remains—and by constitutional inhibition and the wisdom of our people will for all time remain—the largest county in the State.
"A word now of the man whose name was upon every invitation to this home-coming, in honor of whom this county was named, John McLean, one of the ablest and most distinguished of the first generation of public men in Illinois. Born in North Carolina in 1791, his early years were spent in Kentucky. In the last-named State he studied law and was admitted to the Bar. He removed to Illinois in 1815 and located in Shawneetown upon the Ohio River for the practice of his profession. The county of Gallatin, his future home, was then one of the most populous in the Illinois Territory. In fact, at the time mentioned, and for some years after the organization of the State, there were few important settlements one hundred miles north of the Ohio River.
"In the largest degree Mr. McLean was gifted with the qualities essential to popular leadership in the new State. He was present at all public assemblages whether convened for business or pastime, and a leading spirit in all the amusements and sports of the hour. But 'men are as the time is.' At all events, if the testimony of his contemporaries is to be taken, his popularity knew no bounds. The late General McClernand, his fellow-townsman, said of Mr. McLean:
"'His personality interested and impressed me. The image of it still lingers in my memory. Physically, he was well developed, tall, strong, and stately. Socially, he was affable and genial, and his conversation sparkled with wit and humor.'
"The following words of another contemporary, Governor Reynolds, are of interest:
"'Mr. McLean was a man of gigantic mind, of noble and manly form, and of lofty, dignified bearing. His personality was large, and formed on that natural excellence which at all times attracted the attention and admiration of all beholders. The vigor and compass of his intellect was exceedingly great, and his eloquence flowed in torrents, deep, strong, and almost irresistible.'
"At the election immediately succeeding the adoption of the Constitution under which Illinois was admitted into the Union, Mr. McLean was chosen the Representative in Congress. Soon thereafter, he presented to the House of Representatives the State Constitution then recently adopted at Kaskaskia; and upon its formal acceptance by that body, Mr. McLean was duly admitted to his seat as the first Representative from Illinois in the Congress of the United States. He was defeated for re-election by the Hon. Daniel P. Cook, one of the most gifted men Illinois has known at any period of her history.
"Rarely have men of greater eloquence than Cook and McLean been antagonists in debate either upon the hustings or in the halls of legislation. With the people of the entire State for an audience, the exciting issues of that eventful period were argued with an eloquence seldom heard in forensic discussion. In very truth, each was the worthy antagonist of the other. It is not too much to say that, with the single exception of the masterful intellectual combat more than a third of a century later between Lincoln and Douglas, Illinois has been the theatre of no greater debate.
"Upon his retirement from Congress, Mr. McLean was elected to the Lower House of the Illinois Legislature and subsequently chosen Speaker of that body. The valuable service he there rendered is an important part of the early history of the State. He resigned the speakership in order the more effectually to lead the opposition to a bill chartering a State bank. His predictions as to the evils to the state, of which the proposed legislation would be the sure forerunner, were more than verified by subsequent events. More than a decade had passed before the people were relieved of the financial ills which John McLean ineffectually sought to avert. No other evidence of his statesmanship is needed than his masterly speech in opposition to the ill-timed legislation I have indicated.
"Apart from the fact that his name is continually upon our lips, the career of Mr. McLean is well calculated to excite our profound interest. During the fifteen years of his residence in Illinois, he held the high position of Representative in Congress, Speaker of the popular branch of the State Legislature, and was twice elected to the Senate of the United States. At his last election he received every vote of the joint session of the General Assembly—an honor of which few even of the most eminent of our statesmen have been the recipients.
"His personal integrity was beyond question, and it may truly be said of him that he ably and faithfully discharged every public duty. He died at the early age of thirty-nine, the period when, to most public men, a career of usefulness and distinction has scarcely begun. Upon the occasion of the announcement of his death to the Senate his colleague, Senator Kane, paid an eloquent tribute to his lofty character, his ability, and his worth, and deplored the loss his State had sustained in his early death.
"He lies buried in the State that had so signally honored him, near the beautiful river upon whose banks he found a home when Illinois was yet a wilderness. Such, in brief, was the man McLean, whose honored name this good county will hand down to the after times. No higher tribute need be paid to his memory than to say, his name was worthy of this magnificent domain to which it was given.
"In no part of this broad land has there been more prompt response than in this to the authoritative call to arms. In the largest measure McLean County has met every requirement that patriotism could demand. Full and to overflowing has been her contribution of means and men.
"In almost the last struggle with the savage foe, as he burned his wigwam and disappeared before the inexorable advance of civilized men; in the War with Mexico, by which States were added to our national domain; in that of the great Rebellion, where the life of the nation was at stake, and in our recent conflict with Spain—four times during a history that spans but a single life, McLean County has sent her full quota of soldiers to the field. Few survive of the gallant band who stood with Bissell and Hardin at Buena Vista, or followed Shields and Baker through the burning sands from the Gulf to the City of Mexico. And at each successive reunion of comrades in the great civil strife, there are fewer, and yet fewer, responses to the solemn roll-call.
"'On Fame's eternal camping-ground, Their silent tents are spread.'
"And what a record is that of this glorious county during the eventful years of '61-'65! With a population of but forty per cent of that of to-day, more than four thousand of her brave sons marched gallantly to the front. They gathered from farm, from shop, from mart and hall—to die, if need be, that their country might live. On many fields now historic, where brave men struggled and died, soldiers from this grand county were steadily in line. Along every pathway of danger and of glory they were to be found. In every grade of rank were heroes as knightly as ever fought beneath a plume. Even to name the heroes that old McLean equipped for the great conflict would be but to call over her muster rolls of officers and men.
"The chords of memory are touched as the vision of the Old Courthouse rises before us. Its walls were the silent witnesses of events that would make resplendent the pages of history. Here assembled lawyers, orators, statesmen, whose names have been given to the ages. Here, at a critical period in our history the great masters of debate discussed vital questions of state—questions that took hold of the life of the republic. Here, at times, debate touched the springs of political power. Here in the high place of authority sat one destined later to wear the ermine of the greatest court known to men. During his membership of that court in the eventful years immediately following the great conflict, questions novel and far-reaching pressed for determination; questions no less important than those which had in the infancy of the republic exhausted the learning of Marshall and its associates. It is our pride that our townsman, David Davis, was among the ablest of the great court, by whose adjudication renewed vigor was given to the Constitution, and enduring safeguards established for national life and individual liberty.
"To the Old Courthouse in the early days came the talented and genial James A. McDougall, then just upon the threshold of a brilliant career, which culminated in his election as a Senator from California; also John T. Stuart, the able lawyer and gentleman of the old school. He was a Representative in Congress more than two-thirds of a century ago, when his district embraced all Central and Northern Illinois—extending from a line fifty miles south of Springfield to Chicago and Galena. In Congress he was the political associate and friend of Webster, of Crittenden, and of Clay. Many years ago, upon the occasion of Mr. Stuart's last visit to Bloomington, he told me, as we stood by the old 'Stipp' home, that he there, in 1831, witnessed the beginning of the judicial history of McLean County, when Judge Lockwood opened its first court. With deep emotion he added that he was probably the last survivor of those then assembled, and that his own days were almost numbered. His words were prophetic, as but a few months elapsed before he, too, had passed beyond the veil. There came also Edward D. Baker, Representative from Illinois and Senator from Oregon. To him Nature had been lavish with her gifts. His eloquence cast a spell about all who heard him. As was said of the gifted Prentiss: 'the empyrean height into which he soared was his home, as the upper air the eagle's.' Our language contains few gems of eloquence comparable to this wondrous eulogy on the lamented Broderick. His own tragic death in one of the early battles of the great war cast a gloom over the nation.
"In his official capacity as prosecuting attorney came also to the Old Courthouse the youthful Stephen A. Douglas. A born leader of men, with a courage and eloquence rarely equalled, he was well equipped for the hurly-burly of our early political conflicts. Save only in his last great contest, he was a stranger to defeat. Public Prosecutor, Member of the Legislature, and at the age of twenty-eight Judge of the Supreme Court of the State; later a Representative, and at the age of thirty-three a Senator in Congress. Amid storms of passion such as, please God, we may not see again, he there held high debate with Seward, Chase, and Sumner; and measured swords with Tombs, Benjamin, and Jefferson Davis upon vital issues which, transferred later from forum and from Senate, were to find bloody arbitrament by arms. Beginning near the spot where we have to-day assembled, the career of Douglas was indeed marvellous. Defeated for the great office which had been the goal of his ambition; amid the war-clouds gathering over the nation, and the yet darker shadows falling about his couch, he aroused himself to the last supreme effort, and in words that touched millions of responsive chords, adjured all who had followed his political fortunes to know only their country in its hour of peril. With his pathetic words yet lingering, and 'before manhood's morning touched its noon,' Douglas passed to the great beyond.
"Out of the shadowy past another form is evoked, familiar once to some who hear me now. Another name, greater than any yet spoken, is upon our lips. Of Abraham Lincoln the words of the great orator, Bossuet, when he pronounced his matchless elegy upon the Prince of Conde, might truly be spoken:
"'At the moment I open my lips to celebrate the immortal glory of the Prince of Conde, I find myself equally overwhelmed by the greatness of the theme and the needlessness of the task. What part of the habitable globe has not heard of the wonders of his life? Everywhere they are rehearsed. His own countrymen, in extolling them, can give no information even to the stranger.'
"Of Lincoln no words can be uttered or withheld that could add to or detract from his imperishable fame. His name is the common heritage of all people and all times.
"When in the loom of time have such words been heard above the din of fierce conflict as his sublime utterances but a brief time before his tragic death?
"'With malice toward none, with charity for all, with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow, and his orphan—to do all which may achieve and cherish a just and lasting peace among ourselves, and with all nations.'
"The men who knew Abraham Lincoln, who saw him face to face, who met him upon our streets, and heard his voice in our public assemblages have, with few exceptions, passed to the grave. Another generation is upon the busy stage. The book has forever closed upon the dread pageant of civil strife. Sectional animosities, thank God, belong now only to the past. The mantle of peace is over our entire land, and prosperity within all our borders.
"'Till the war-drum throbs no longer, And the battle-flags are furled In the parliament of man, The federation of the world.'
"Through the instrumentality in no small measure of the man personally known to some who hear me, the man McLean County delighted to honor, no less as a private citizen than as President, this Government, untouched by the finger of time, has descended to us. Let it never be forgotten that the responsibility of its preservation and transmission will rest upon the successive generations of his countrymen, as they shall come and go.
"Truly it has been said: 'To-day is the pupil of yesterday,' and also 'History is the great teacher of human nature by means of object-lessons drawn from the whole recorded life of human nature.' There is, then, no dead past. Every event is in a measure significant. The annals of the ambitions, the crimes, the miseries, the wrongs, the struggles, the achievements of men in the long past are fraught with lessons of deep import to all succeeding generations. Each age is the heir to that which preceded. We make progress in proportion as we wisely ponder significant events.
"McLean County had its historical beginning as a dependent but distinct political organization on the joyous Christmas Day of 1830. Stretching backward from that date, its history is bound up solely in that of Illinois, under its various organizations and names. A brief time upon occasion such as this given to a hurried review of the masterful epochs in the history of the great State of which our own county is so important a part, cannot be wholly misspent.
"Bearing in mind that 'that which comes after ever conforms to that which has gone before,' significant events of the past must be known, to the end that we intelligently comprehend the present, and are enabled, even in scant measure, to forecast the future.
"No State of the American union has a history of more intense interest than our own. Its early chapters, indeed, savor of the romantic rather than of the real. I do not speak of the long-ago time when Illinois forest and prairie were the house and hunting-ground of the red men, and his frail bark the only craft known to its rivers. That period belongs to the border-land age of tradition rather than of veritable history. It is of Illinois under the domination of civilized men I would speak.
"For near a century preceding the Treaty of Paris in 1763, 'the Illinois country' was a part of the French domain. Inseparably linked with that portion of its history are names that will live with those of the Cabots and Columbus. The great navigator in his lonely search for a new pathway to the Indies was buoyed by a courage, a yearning for discovery, scarce greater than that which in the heart of the new continent sustained the later voyagers and discoverers, Marquette, Joliet, Hennepin, and La Salle.
"America's obligation to France is enduring—for explorers in the seventeenth century no less than for defenders in that which immediately followed. The historic page which tells of the lofty heroism of Lafayette has for us no deeper interest than that which records the daring achievements of the early French pathfinders and voyagers. Two centuries and a half ago Marquette and Joliet, bearing the commission of the French Governor of Quebec, embarked upon their expedition for the discovery of new countries to the southward. Animated by the earnest desire of extending the blessings of religion no less than that of adding to the domain of their imperial master, they set out upon an expedition which has become historic. The bare recital of what befell them would fill volumes. Now meeting with the scattered tribes of Indians, bestowing presents and in turn sharing the hospitality offered; now speaking words of admonition and of instruction; now gathering up the crude materials for history; now reverently setting up the cross in the wilderness; again threading the pathless forests, or in frail barks sailing unknown waters, they pursued their perilous journey.
"In time, after looking out upon the waters of Lake Michigan, crossing Lake Winnebago, visiting the ancient villages of the Kickapoos, 'with joy indescribable,' as Marquette declared, they for the first time beheld the Mississippi. In June, 1673, upon the east bank of the great river, they landed upon the soil of what is now the State of Illinois. At the little village they first visited they received hospitable treatment. Its inmates are known in our early history as 'the Illini'—a word signifying men. The euphonic termination added by the Frenchmen gives us the name Illinois. It is related that, upon the first appearance of Marquette and Joliet at the door of the principal wigwam of the village, they were greeted by an aged native with the words: 'The sun is beautiful, Frenchmen, when you come to visit us; you shall enter in peace into all our cabins; it is well, my brothers, you come.' In the light of the marvellous results of the visit, the words of the aged chieftain seem prophetic. We, too, may say it was well they came.
"The glory of having discovered the upper Mississippi and the valley which bears its name belongs to Marquette and Joliet. It was theirs to add the vast domain under the name 'New France' to the empire of le Grand Monarque. In very truth a princely gift. But no history of the great valley and the majestic river would be complete which failed to tell something of the priest and historian, Hennepin, and of the knightly adventures of the Chevalier La Salle.
"Much, indeed, that is romantic surrounds the entire career of La Salle. Severing his connection with a theological school in France, his fortunes were early cast in the New World. From Quebec, the ancient French capital of this continent, he projected an expedition which was to add empire to his own country and to cast a glamour about his own name. It has been said that his dream was of a western waterway to the Pacific Ocean. In 1669, with an outfit that had cost him his entire fortune, with a small party he ascended in canoes the St. Lawrence, and a few weeks later was upon the broad Ontario. Out of the mists and shadows that enveloped much of his subsequent career, it were impossible at all times to gather that which is authentic. It is enough that, with Hennepin as one of his fellow-voyagers, he reached the Ohio and in due time navigated the Illinois, meantime visiting many of the ancient villages.
"But his great achievement—and that with which abides his imperishable fame—was his perilous descent of the Mississippi from the Falls of St. Anthony to the Gulf of Mexico. On the sixth day of April, 1682, upon the east bank of the lower Mississippi, with due form and ceremony and amid the solemn chanting of the Te Deum and the plaudits of his comrades, La Salle took formal possession of the Louisiana country in the name of his royal master, Louis the Fourteenth of France.
"For the period of ninety-two years, beginning with the discoveries of Marquette and Joliet, the Illinois country was a part of the French possessions. Sovereignty over the vast domain of which it was a part was exercised by the French King through his commandant at Quebec. But as has been truly said, 'The French sought and claimed more than they had the ability to hold or possess. Their line of domain extended from the St. Lawrence around the Great Lakes and through the valley of the Mississippi to the Gulf of Mexico, a distance of over three thousand miles.' Truly a magnificent domain, but one destined soon to pass forever from the possession of the French monarch and his line.
"The hour had struck, and upon the North American continent the ancient struggle for supremacy between France and her traditional enemy was to find bloody arbitrament. Great Britain claimed as a part of her colonial possessions in the New World the territory bordering upon the Great Lakes and the rich lands of the Ohio and Mississippi valleys. As to the merits of the French and English contention as to superior right by discovery or conquest, it were idle now to argue. Our concern is with the marvellous results of the long-continued struggle which for all time determined the question of race supremacy upon this continent.
"Passing rapidly the minor incidents of the varying fortunes of the stupendous struggle which had been transferred for the time from the Old World to the New, we reach the hour which was to mark an epoch in history. The time, the thirteenth of September, 1759; the place, the Heights of Abraham at Quebec. There and then was fought out one of the pivotal battles of the ages. It was the closing act in a great drama. The question to be determined: Whether the English-speaking race or its hereditary foe was to be master of the continent. It was in reality a struggle for empire —the magnificent domain stretching from the St. Lawrence to the Gulf of Mexico. The incidents of the battle need not now be told. Never were English or French soldiery led by more knightly captains. The passing years have not dispelled the romance or dimmed the glory that gathered about the name of Wolfe and Montcalm. Dying at the self-same moment—one amid the victors, the other amid the vanquished—their names live together in history.
"By the treaty of Paris which followed, France surrendered to her successful rival all claim to the domain east of the Mississippi River. In accordance with the terms of the treaty, Gage, the commander of the British forces in America, took formal possession of the recently conquered territory. Proclamation of this fact was made to the inhabitants of the Illinois country in 1764, and a garrison soon thereafter established at Kaskaskia. Here the rule of the British was for the time undisputed. British domination in the Mississippi Valley was, however, to be of short duration. Soon the events were hastening, the forces gathering, which were in turn to wrest from the crown no small part of the splendid domain won by Wolfe's brilliant victory at Quebec.
"In this hurried review I reach now an event of transcendent interest and one far-reaching in its consequences. While our Revolutionary War was in progress, and its glorious termination yet but dimly foreshadowed, General George Rogers Clark planned an expedition whose successful termination has given his name to the list of great conquerors. Bearing the commission of Patrick Henry, Governor of Virginia, the heroic Clark crossed the Ohio and began his perilous march. After enduring untold hardships, the undaunted leader and his little band reached Kaskaskia. The British commander and his garrison were surprised and quickly captured. The British flag was lowered, and on the fourth day of July, 1778, the Illinois country was taken possession of in the name of the Commonwealth whose Governor had authorized the expedition.
"Five years later occurred an event of mighty significance, and of far-reaching consequence—one that in very truth marks the genesis of Illinois history. I refer to the cession by Virginia of the vast area stretching to the Mississippi—of which the spot upon which we are now assembled is a part—to the general Government. To the deed of cession, by which Illinois became a part of the United States, as commissioners upon the part of Virginia, were signed the now historic names of Arthur Lee, James Monroe, and Thomas Jefferson.
"The next milestone of Illinois upon the pathway to statehood was what is so well known in our political history as the Ordinance of 1787. Not inaptly has it been called 'the second Magna Charta,' 'a pillar of cloud by day and of fire by night,' in the settlement and government of the Northwestern States. Two provisions of the great ordinance possessed a value that cannot be measured by words: One, that the States to be formed out of said territory were to remain forever parts of the United States of America; the other, that neither slavery nor involuntary servitude should exist therein, otherwise than for crime whereof the party should have been duly convicted.
"The value of the great Ordinance to millions who have since found homes within the limits of the vast area embraced within its provision cannot be overstated. Our eyes behold to-day the marvellous results of the far-seeing statesmanship in which it was conceived.
"Momentous events now followed in rapid succession: the disastrous defeat of General St. Clair, first Governor of the Northwest Territory, near the old Miami village; the appointment of General Wayne, hero of Stony Point, to the command of the Western army; his crushing defeat of the Indian foe at the Maumee Rapids, and the treaty of Greenville, which for the time gave protection to the frontiersmen against the savage; the attempt of the French minister, Genet, to create discord in the western country, and in fact to establish a Government in the Mississippi Valley, independent of that of the United States; and the threatened conflict with Spain regarding the free navigation of the Mississippi—all possess an interest to Illinoisans which time cannot abate.
"All apprehension, however, was for the time removed by the treaty between our Government and Spain, by which it was provided that the middle of the Mississippi should be our western border and that the navigation of the entire river to the Gulf should be free to all the people of the United States. Passing over the later faithless attempt of Spain to abrogate this salient provision of the treaty, it is enough that the question was forever put at rest by the purchase by our Government in 1803, for fifteen millions of dollars, from the great Napoleon, of the entire Louisiana country, stretching from the Gulf to the domain of Canada—out of which have been carved sixteen magnificent States, destined to abide and remain forever sovereign parts of our federal Union.
"And while Spain has sustained crushing and retributive defeat and her flag has disappeared forever from mainland and island of the western world, the great river, gathering its tributaries from northern lake to southern sea, flows unvexed through a mighty realm that knows no symbol of authority save only our own Stars and Stripes.
"Illinois was represented for the first time in a legislative chamber in the general assembly of the Northwest Territory, which convened in Cincinnati in 1799. By act of Congress in May, 1800, a new territorial organization was created, by which the territory now embraced in the States of Indiana and Illinois was formed, to be known as 'Indiana Territory,' and the capital located at Vincennes. In February, 1809, by act of Congress, the 'Territory of Illinois' was duly organized, its seat of government established at Kaskaskia. Nine years later—December, 1818—with a population scarcely one-half that of McLean County to-day, it was duly admitted a State of the federal Union.
"Beginning with Illinois at the coming of Joliet and Marquette in the seventeenth century, we have rapidly followed its thread of history for a century and a half, until it became a State of the American Union. We have seen it under the rule of the Frenchman, the Briton, the Virginian, under its various territorial organizations, until eighty-nine years ago it reached the dignity of statehood. We have seen its seat of authority at Quebec, at New Orleans, at Cincinnati, at Vincennes, and finally at Kaskaskia. We have noted something of its marvellous development, of its wonderful increase in population.
"Just one hundred and seven years ago, when by act of Congress Illinois became part of the Indiana Territory, it contained a population of less than two thousand white persons, only eight hundred of whom were of the English-speaking race. Less than two decades later, with a population of less then forty thousand, and an area greater, with a single exception, than any of the original States, we have witnessed its admission to the Union. How marvellous the retrospect at this hour! And yet, 'the pendulum of history swings in centuries in the slow but sure progress of the human race to a higher and nobler civilization.'
"Events of thrilling interest and of scarce less consequence than those already mentioned followed the admission of the State into the Union. In brief summary: The unsuccessful attempt to introduce slavery; the fatal duel between Stewart and Bennet and the trial and execution of the survivor for murder, thereby placing the ban of judicial condemnation upon the barbarous practice; the visit of Lafayette to Illinois and his brilliant entertainment by the Governor and Legislature at the old executive mansion; the removal of the State capital from the ancient French village of Kaskaskia to Vandalia, and near two decades later to Springfield; the memorable contest for Congress between Cook and McLean, each possessing in large measure the rare gift of eloquence, and both dying lamented in early manhood; the organization of two splendid counties that will keep the honored names of Cook and McLean in the memories of men to the latest posterity; the Black Hawk War and the final treaty of peace which followed the defeat and capture of the renowned Sac chief; the riots at Alton and the assassination of the heroic Lovejoy while defending the right of free speech and of a free press; the advent of the prophet Joseph Smith, the rapid growth of the Mormon Church, its power as a political factor in the State, the building of the million-dollar temple at Nauvoo, the murder of the Mormon prophet, and the final exodus of his adherents to the valley of the Wasatch and the Great Salt Lake; the construction of the Illinois and Michigan Canal, the precursor of grander material achievements soon to follow; the bravery of the Illinois troops during the war with Mexico; the wonderful tide of immigration flowing in from the older States and from Europe; the invaluable services of Senator Douglas in securing the celebrated land grant under which the Illinois Central Railroad was constructed, and Chicago brought into commercial touch with the River Ohio and the States to the southward; the dawn of the era of stupendous agricultural development, and of marvellous activity on all lines and through all channels of trade; the wonderful growth of Chicago, springing with giant bound, within the span of a single life, from a mere hamlet to be the second city upon the continent; the unparalleled railroad construction, giving Illinois a greater mileage than any one of her sister States; the immense development of its untold mineral resources, and the advance by leaps and bounds along all lines of manufacturing; the impetus given to the higher conception and purpose of human life by the creation of a splendid system of public schools and universities; the establishment of institutions and asylums for the considerate care and relief of the unfortunate and afflicted of our kind; the building of homes 'for him who hath borne the battle and for his orphan'; the masterful debates between Lincoln and Douglas, the prelude to events destined to give pause to the world, and to change the trend of history. And, to crown all, how, when the nation's life was in peril, Illinois, true to her covenant under the great Ordinance that had given her being, gave one illustrious son to the chief magistracy of his country, another to the captaincy of its armies, and sent her soldier heroes by myriads along every pathway of danger and of glory.
"As one standing, alas, 'upon the western slope,' let me adjure the young men of this magnificent county—my home for more than half a century—to study thoroughly the history of our own State, and of the grand republic of which it is a part. Illinois, in all that constitutes true grandeur in a people, knows no superior among the great sisterhood of States. Her pathway from the beginning has been luminous with noble achievement. It is high privilege and high honor to be a citizen of this grand republic. It is in very truth a government of the people, in an important sense a government standing separate and apart; its foundations the morality, the intelligence, the patriotism of the people. Never forget that citizenship in such a government carries with it tremendous responsibility, a responsibility that we cannot evade. Study thoroughly how our liberties were achieved, and the benefits of stable government secured by the great compact which for more than a century, in peace and during the storm and stress of war, has held States and people in indissoluble union; and how, during the great civil conflict—the most stupendous the world has known—human liberty, through baptism of blood, obtained a new and grander meaning, and the Union established by our fathers was made, as we humbly trust in God, enduring for all time."
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