The Hon. Hamilton Spencer, one of the ablest of lawyers, gave me an interesting account of an interview he had with Colonel Burr in Albany not long before his death. Notwithstanding his advanced age, broken health, and ruined fortunes, he deeply impressed Mr. Spencer as a gentleman of most courteous manners, dignified bearing, and commanding presence such as he had rarely seen.

The one object of his love was his daughter, the beautiful Theodosia. Her devotion to her father increased with his accumulating misfortunes. The ship in which she sailed from her home in Charleston, South Carolina, to meet him in New York, never reached its destination. In all history, there are few pictures more pathetic than that of the gray-haired, friendless man, with faded cloak drawn closely about him, day after day wandering alone by the seaside, anxiously awaiting the coming of the one being who loved him, the idolized daughter whose requiem was even then being chanted by the waves.

One of the men I occasionally met in Washington was Joseph C. McKibben, a former representative in Congress from the Pacific coast. He was thoroughly familiar with the history of California from its cession to the United States at the close of the Mexican War. He had been an active participant in many of the stirring events occurring soon after the admission of the State into the Union.

"Men, except in bad novels, are not all good, or all evil."

Colonel McKibben was the second of David C. Broderick in his duel with Judge Terry. At the time of the duel, Broderick was a Senator of the United States, and Terry the Chief Justice of California. The challenge given by Terry was promptly accepted. As will be remembered, in the encounter which immediately followed, Terry escaped unhurt and Broderick was killed.

I recall vividly the description given me of the meeting between these men in that early Spring morning in 1859. Both possessed unquestioned courage. Their demeanor upon the field, as in deadly attitude they confronted each other a few paces apart, was that of absolute fearlessness. "Each had set his life upon a cast, and was ready to stand the hazard of the die."

Rarely have truer words been uttered than those of the gifted Baker over the dead body of Broderick:

"The code of honor is a delusion and a snare; it palters with the hope of true courage, and binds it at the feet of crafty and cruel skill. It surrounds its victim with the pomp and grace of the procession, but leaves him bleeding on the altar. It substitutes cold and deliberate preparedness for courage and manly impulse, and arms the one to disarm the other. It makes the mere trick of the weapon superior to the noblest cause and the truest courage. Its pretence of equality is a lie; it is equal in all the form, it is unjust in all the substance. The habitude of arms, the early training, the frontier life, the border war, the sectional custom, the life of leisure, all these are advantages which no negotiations can neutralize, and which no courage can overcome. Code of honor! It is a prostitution of the name, is an evasion of the substance, and is a shield blazoned with the name of chivalry to cover the malignity of murder."

The tragic ending of the eventful career of Judge Terry, which occurred within the last decade, will be readily recalled. Immediately following his assault upon Justice Field at the railway station in Lathrop, California, he was slain by a deputy United States marshal. The wife of Terry was at his side, and the scene that followed beggars description.

The name of Terry at once recalls the "Vigilance Committee" of early San Francisco days. The committee was composed largely of leading men of the "law-and-order" element of the city. Robberies and murders were of nightly occurrence, and gamblers and criminals in many instances were the incumbents of the public offices. The organization mentioned became an imperative necessity for the protection of life and property. The work of the committee constitutes one of the bloodiest chapters of early Californian history.

Nearly a third of a century ago, Colonel Thornton, a prominent lawyer of San Francisco, related to me an incident which he had witnessed during the time the famous Vigilance Committee was in complete control. A young lawyer, recently located in San Francisco, was arrested for stabbing a well-known citizen who was at the time one of the most active members of the Vigilance Committee. The name of the lawyer was David S. Terry, at a later day Chief Justice of the State. The dread tribunal was presided over by one of the most courageous and best known citizens of the Pacific coast. At a later day, his name was presented by his State to the National Convention of his party for nomination for the Vice-Presidency.

When brought before the Vigilance Committee, the demeanor of Terry was that of absolute fearlessness. Standing erect and perfectly self-possessed, he listened to the ominous words of the president: "Mr. Terry, you are charged with attempted murder; what have you to say?" Advancing a step nearer the committee "organized to convict," and in a tone that at once challenged the respect of all, Terry replied, "If your Honor please, I recognize the jurisdiction of this court, and am ready for trial." He then clearly established the fact that his assault was in self-defence, and after a masterly speech, delivered with as much self-possession as if a life other than his own trembled in the balance, was duly acquitted.

Another California with whom I was personally acquainted, was William M. Gwin. He had long passed the allotted three score and ten when I first met him at the home of the late Senator Sharon. Few men have known so eventful a career. He had been the private secretary of Andrew Jackson. He knew well the public men of that day, and related many interesting incidents of the stormy period of the latter years of Jackson's Presidency. In his early manhood Gwin was a member of Congress from Alabama. At the close of the Mexican War he removed to California, and upon the admission of that State he and John C. Fremont were chosen its first Senators in Congress.

During a ride with him, he pointed out to me the spot where he had fought a duel in early California days. He was then a Senator, and his antagonist the Hon. J. W. McCorkle, a member of Congress. A card signed by their respective seconds appeared the day following, to the effect that after the exchange of three ineffectual shots between the Hon. William M. Gwin and the Hon. J. W. McCorkle, the friends of the respective parties, having discovered that their principals were fighting under a misapprehension of facts, mutually explained to their respective principals how the misapprehension had arisen. As a result, Senator Gwin promptly denied the cause of provocation and Mr. McCorkle withdrew his offensive language uttered at the race-course, and expressed regret at having used it.

To a layman in these "piping times of peace" it would appear the more reasonable course to have avoided "a misapprehension of facts" before even three ineffectual shots.

At the beginning of the great civil conflict, the fortunes of Senator Gwin were cast with the South, and at its close he became a citizen of Mexico. Maximilian was then Emperor, and one of his last official acts was the creation of a Mexican Duke out of the sometime American Senator. The glittering empire set up by Napoleon the Third and upheld for a time by French bayonets, was even then, however, tottering to its fall.

When receiving the Ducal coronet from the Imperial hand the self-expatriated American statesman might well have inquired,

"But shall we wear these glories for a day, Or shall they last, and we rejoice in them?"

A few months later, at the behest of our Government, the French arms were withdrawn, the bubble of Mexican Empire vanished, and the ill-fated Maximilian had bravely met his tragic end. Thenceforth, a resident but no longer a citizen of the land that had given him birth, William M. Gwin, to the end of his life, bore the high sounding but empty title of "Duke of Sonora."

Frequent as have been the instances in our own country where death has resulted from duelling, it is believed that in but one has the survivor incurred the extreme penalty of the law. That one case occurred in 1820 in Illinois. What was intended merely as a "mock duel" by their respective friends, was fought with rifles by William Bennett and Alphonso Stewart in Belleville. It was privately agreed by the seconds of each that the rifles should be loaded with blank cartridges. This arrangement was faithfully carried out so far as the seconds were concerned; but Bennett, the challenging party, managed to get a bullet into his own gun. The result was the immediate death of Stewart, and the flight of his antagonist. Upon his return to Belleville a year or two later, Bennett was immediately arrested, placed upon trial, convicted, and executed.

In more than one instance, at a later day, while well-known Illinoisans have been parties to actual or prospective duels, no instance has occurred of a hostile meeting of that character within the limits of the State. A late auditor of public account, but recently deceased, killed his antagonist in a duel with rifles nearly half a century ago in California.

William I. Ferguson, one of the most brilliant orators Illinois has known, in early professional life the associate of men who have since achieved national distinction, fell in a duel while a member of the State Senate in California.

During the sitting of the Illinois Constitutional Convention of 1847, two of its prominent members, Campbell and Pratt, delegates from the northern tier of counties, became involved in a bitter personal controversy which resulted in a challenge by Pratt to mortal combat. The challenge was accepted and the principals with their seconds repaired to the famous "Bloody Island" in the Mississippi, when by the interposition of friends a peaceable settlement was effected. The sequel to this happily averted duel was the incorporation in the Constitution, then in process of formulation, of a provision prohibiting duelling in the State, and attaching severe penalties to sending or accepting a challenge.

The earliest hostile meeting of Illinoisans was upon the island last mentioned before State organization had been effected. The principals were young men of well-known courage and ability—one of whom, Shadrack Bond, upon the admission of Illinois was elected its Governor. His adversary, John Rice Jones, was the first lawyer to locate in the Illinois country, and was the brother of the second of the unfortunate Cilley in the tragic encounter already related. The late Governor Bissell of Illinois was once challenged by Jefferson Davis. Both were at the time members of Congress, and the casus belli was language reflecting upon the conduct of some of the participants in the then recently fought battle of Buena Vista. After the acceptance of the challenge, mutual friends of Davis and Bissell effected a reconciliation, just before the hour set for the hostile meeting.

So far as Illinois combatants are concerned, the historic island mentioned above has little claim to its bloody designation, inasmuch as the "affairs" mentioned, and one much more famous, yet to be noted, were all honorably adjusted without physical harm to any of the participants.

The "affair of honor," the mention of which will close this chapter, owes its chief importance to the prominence attained at a later day by its principals. The challenger, James Shields, was at that time, 1842, a State officer of Illinois, and later a general in two wars and a Senator from three States. The name of his adversary has since "been given to the ages." Mr. Lincoln was, at the time he accepted Mr. Shields's challenge, a young lawyer, unmarried, residing at the State capital. He was the recognized leader of the Whig party, and an active participant in the fierce political conflicts of the day. Some criticism in which he had indulged, touching the administration of the office of which Shields was the incumbent, was the immediate cause of the challenge.

That Mr. Lincoln was upon principle opposed to duelling would be readily inferred from his characteristic kindness. That "we are time's subjects," however, and that the public opinion of sixty-odd years ago is not that of to-day will readily appear from the published statement of his friend Dr. Merryman:

"I told Mr. Lincoln what was brewing, and asked him what course he proposed to himself. He said that he was wholly opposed to duelling and would do anything to avoid it that might not degrade him in the estimation of himself and friends; but if such a degradation, or a fight, were the only alternatives, he would fight."

It is stated by one of the biographers of Mr. Lincoln that he was ever after averse to any allusion to the Shields affair. From the terms of his acceptance, it is evident that he intended neither to injure his adversary seriously nor to receive injury at his hands. In his lengthy letter of instruction to his second, he closed by saying:

"If nothing like this is done, the preliminaries of the fight are to be, first, weapons: cavalry broadswords of the largest size, precisely equal in all respects. Second, position: a plank ten feet long and from nine to twelve inches broad, to be firmly fixed on edge on the ground as the line between us which neither is to pass his foot over upon forfeit of his life. Next, a line drawn on the ground on either side of said plank and parallel with it, each at the distance of the whole length of the sword, and three feet additional from the plank; the passing of his own line by either party during the fight shall be deemed a surrender of the contest. Third, time: on Thursday evening at five o'clock within three miles of Alton on the opposite side of the river, the particular spot to be agreed on by you. Any preliminary details coming within the above rules you are at liberty to make at your discretion, but you are in no case to swerve from these rules or to pass beyond their limits."

The keen sense of the humorous, with which Mr. Lincoln was so abundantly gifted, seems not to have wholly deserted him even in the serious moments when penning an acceptance to mortal combat. The terms of meeting indicated—which he as the challenged party had the right to dictate—lend color to the opinion that he regarded the affair in the light of a mere farce. His superior height and length of arm remembered, and the position of the less favored Shields, with broadsword in hand, at the opposite side of the board, and not permitted "upon forfeit of his life" to advance an inch —the picture is indeed a ludicrous one.

Out of the lengthy statements of the respective seconds—the publication of which came near involving themselves in personal altercation—it appears that all parties actually reached the appointed rendezvous on time.

But it was not written in the book of fate that this duel was to take place. Something of mightier moment was awaiting one of the actors in this drama. Two level-headed men, R. W. English and John J. Hardin, the friends respectively of Shields and Lincoln, crossing the Mississippi in a canoe close in the wake of the belligerents, reached the field just before the appointed hour. These gentlemen, acting in concert with the seconds, Whiteside and Merryman, soon effected a reconciliation deemed honorable to all, and the Shields-Lincoln duel passed to the domain of history. That the reconciliation thus brought about was sincere was evidenced by the fact that one of the earliest acts of President Lincoln was the appointment of General Shields to an important military command.

How strangely "the whirligig of time brings in his revenges!" A few paces apart in the old Hall at the Capitol at Washington, stand two statues, the contribution of Illinois for enduring place in the "Temple of the Immortals." One is the statue of Lincoln, the other that of Shields.



XI A PRINCELY GIFT

DESCENT OF JAMES SMITHSON, FOUNDER OF THE SMITHSONIAN INSTITUTION— HIS EDUCATION AND HIS WRITINGS—HIS WILL—THE UNITED STATES HIS RESIDUARY LEGATEE—SUCCESSFUL PROSECUTION OF THE CLAIM OF THE UNITED STATES TO THE LEGACY—PLANS SUGGESTED FOR THE DISPOSAL OF THE FUND —PROF. JOSEPH HENRY APPOINTED SECRETARY—BENEFICENT WORK OF THE INSTITUTION.

Although a third of a century has passed since I met Professor Joseph Henry, I distinctly recall his kindly greeting and the courteous manner in which he gave me the information I requested for the use of one of the Committees of the House.

The frosts of many winters were then on his brow, and he was near the close of an honorable career, one of measureless benefit to mankind. He was the first secretary of the Smithsonian Institution, and the originator of the plan by which was carried into practical effect the splendid bequest for "the increase and diffusion of knowledge among men."

As Vice-President of the United States, a regent ex-officio of the Smithsonian Institution, I had rare opportunity to learn much of its history and something of its marvellous accomplishment. As is well known, it bears the name of James Smithson. He was an Englishman, related to the historic family of Percy, and a lineal descendent of Henry the Seventh, his maternal ancestor being the ill-fated Lady Jane Grey, cousin to Queen Elizabeth.

Mr. Langley, the late secretary of the institution, said:

"Smithson always seems to have regarded the circumstances of his birth as doing him a peculiar injustice, and it was apparently this sense that he had been deprived of honors properly his which made him look for other sources of fame than those which birth had denied him, and constituted the motive of the most important action of his life, the creation of the Smithsonian Institution."

The deep resentment of Smithson against the great families who had virtually disowned him, finds vent in a letter yet extant, of which the following is a part: "The best blood of England flows in my veins; on my father's side I am a Northumberland, on my mother's I am related to kings; but this avails me not. My name shall live in the memory of man when the titles of the Northumberlands and the Percys are extinct and forgotten."

How truly his indignant forecast was prophetic is now a matter of history. Few men know much about the once proud families of Northumberland or Percy, but the name of the youth they scornfully disowned lives in the institution he founded, the greatest instrumentality yet devised for "the increase and diffusion of knowledge among men."

Smithson was born in 1765, and received the degree of Master of Arts from Pembroke College at the age of twenty-one. A year later he was admitted a Fellow of the Royal Society, upon the recommendation of his instructors, as being "a gentleman well versed in the various branches of Natural Philosophy, and particularly in Chemistry and Mineralogy." As a student, he was devoted to the study of the sciences, especially chemistry, and his entire life, in fact, was given to scientific research. Twenty-seven papers from his pen were published in "The Philosophical Transactions of the Royal Society" and in "Thompson's Annals of Philosophy," near the close of the eighteenth and the beginning of the nineteenth century, and "all give evidence that he was an assiduous and faithful experimenter."

In this connection, the statement of Professor Clarke, Chief Chemist of the United States Geographical Survey, is in point:

"The most notable feature of Smithson's writings from the standpoint of the analytical chemist, is the success obtained with the most primitive and unsatisfactory appliances. In Smithson's day, chemical apparatus was undeveloped, and instruments were improvised from such materials as lay readiest to hand. With such instruments, and with crude reagents, Smithson obtained analytical results of the most creditable character, and enlarged our knowledge of many mineral species. In his time, the native carbonate and the silicate of zinc were confounded as one species under the name calamine; but his researches distinguished between the two minerals, which are now known as Smithsonite and Calamine, respectively.

"To theory Smithson contributed little, if anything; but from a theoretical point of view, the tone of his writings is singularly modern. His work was mostly done before Dalton had announced the atomic theory; and yet Smithson saw clearly that a law of definite proportions must exist, although he did not attempt to account for it. His ability as a reasoner is best shown in his paper on the Kirkdale Bone Cave, which Penn had sought to interpret by reference to the Noachian Deluge. A clearer and more complete demolition of Penn's views could hardly be written to-day. Smithson was gentle with his adversary, but none the less thorough, for all his moderation. He is not to be classed among the leaders of scientific thought; but his ability and the usefulness of his contributions to knowledge, cannot be doubted."

The life of Smithson was uncheered by domestic affection; he was of singularly retiring disposition, had no intimacies, spent the closing years of his life in Paris, and was long the uncomplaining victim of a painful malady. Professor Langley said of him:

"One gathers from his letters, from the uniform consideration with which he speaks of others, from kind traits which he showed, and from the general tenor of what is not here particularly cited, the remembrance of an innately gentle nature, but also of a man who is gradually renouncing not without bitterness the youthful hope of fame, and as health and hope diminished together, is finally living for the day, rather than for any future."

He died in Genoa, Italy, June 27, 1829, and was buried in the little English cemetery on the heights of San Benigno. The Institution he founded has placed a tablet over his tomb and surrounded it with evidences of continued and thoughtful care.

His will—possibly of deeper concern to mankind than any yet written —bears date October 23, 1826. In its opening clause he designates himself: "Son of Hugh, First Duke of Northumberland, and Elizabeth, heiress of the Hungerfords of Studley, and niece to Charles the proud Duke of Somerset." Herein clearly appears his undying resentment toward those who had denied him the position in life to which he considered himself justly entitled.

The only persons designated in his will as legatees are a faithful servant, for whom abundant provision was made, and Henry James Hungerford, nephew of the testator. To the latter was devised the entire estate except the legacy to the servant mentioned. The clause of the will which has given the name of Smithson to the ages seems to have been almost casually inserted; it appears between the provision for his servant and the one for an investment of the funds.

The clause in his will which was to cause his name "to live in the memory of man when the titles of the Northumberlands and the Percys are extinct and forgotten," was,—

"In the case of the death of my said nephew without leaving a child or children, or the death of the child or children he may have had under the age of twenty-one years, or intestate, I then bequeath the whole of my property subject to the annuity of one hundred pounds to John Fitall (for the security and payment of which I have made provision) to the United States of America, to found at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men."

Why he selected the United States as his residuary legatee has long been, and will continue to be, the subject of curious inquiry. He had never been in America, had no correspondent here, and nowhere in his writings has there been found an allusion to our country. So far as we know, he could have had no possible prejudice in favor of our system of representative government.

It is a singular fact, however, in this connection, that the pivotal clause in his will bears striking resemblance to the admonition, "Promote as an object of primary importance institutions for the general diffusion of knowledge," contained in the farewell address of President Washington.

The contingency provided for happened; the death of the nephew Hungerford unmarried and without heirs occurred six years after that of the testator. The first announcement to the people of the United States of the facts stated was contained in a special message from President Jackson to Congress, December 17, 1835. Accompanying the message was a letter with a detailed statement, and copy of the will, from our Legation in London. In closing his brief message of transmission, President Jackson says: "The Executive having no authority to take any steps for accepting the trust and obtaining the funds, the papers are communicated with a view to such measures as Congress may deem necessary."

On the first day of July, 1836, a bill authorizing the President to assert and prosecute the claim of the United States to the Smithson legacy became a law. This, however, was after much opposition in Congress; a member of the House indignantly declaring that our Government should receive nothing by way of gift from England, and proposing that the bequest should be denied. The prophetic words of the venerable John Quincy Adams—then a member of the House after his retirement from the Presidency—in advocating the passage of the bill are worthy of remembrance:

"Of all the foundations of establishments for pious or charitable uses which ever signalized the spirit of the age, or the comprehensive beneficence of the founders, none can be named more deserving the approbation of mankind than this. Should it be faithfully carried into effect with an earnestness and sagacity of application and a steady perseverance of purpose proportioned to the means furnished by the will of the founder, and to the greatness and simplicity of his design as by himself declared,—'the increase and diffusion of knowledge among men,'—it is no extravagance of anticipation to declare that his name will hereafter be enrolled among the benefactors of mankind."

In the execution of this law, the President immediately upon its enactment appointed Richard Rush, a distinguished lawyer of Philadelphia, to proceed to London, and take the necessary steps to obtain the legacy. To the accomplishment of this purpose a suit was soon thereafter instituted by Mr. Rush. The hopelessness of its early termination in an English Chancery Court of that day will at once occur to the readers of Dickens's famous "Jarndyce against Jarndyce." It was truly said, that a chancery suit was a thing which might begin with a man's life, and its termination be his epitaph.

A wiser selection than Mr. Rush could not have been made. He entered upon the work to which he had been appointed, with great determination. In a letter to our Secretary of State just after he had instituted suit, he says:

"A suit of higher interest and dignity, has rarely perhaps been before the tribunals of a nation. If the trust created by the testator's will be successfully carried into effect by the enlightened legislation of Congress, benefits may flow to the United States, and to the human family, not easy to be estimated, because operating silently and gradually throughout time, yet not operating the less effectually. Not to speak of the inappreciable value of letters to individual and social man, the monuments which they raise to a nation's glory often last when others perish, and seem especially appropriate to the glory of a Republic whose foundations are laid in the assumed intelligence of its citizens, and can only be strengthened and perpetuated as that improve."

The successful termination of the suit came, however, sooner than could have been expected; and in May, 1838, the amount of the legacy, exceeding the substantial sum of five hundred thousand dollars, was received and invested as required by law.

The facts stated were communicated by special message from President Van Buren to Congress, in December, 1838. Attention was then called to the fact that he had applied to persons versed in science, for their views as to the mode of disposing of the fund which would be calculated best to meet the intent of the testator, and prove most beneficial to mankind.

During the eight years intervening between this message and the passage of the bill for the incorporation of the Smithsonian Institution, much discussion was had in and out of Congress, as to the best method of making effective the intention of the testator.

In the light of events, some of the many plans suggested are even now of curious interest. The establishment of a magnificent national library at the Capital; the founding of a great university; of a normal school; a post graduate school; and astronomical observatory "equal to any in the world," are a few of the plans from time to time proposed and earnestly advocated.

The act of incorporation in 1846, the appointment of a Board of Regents, and the selection of a Secretary, mark the beginning of the Smithsonian Institution. In the selection of a Secretary, the chief officer of the institution, the regents builded better than they knew. The choice fell upon Professor Joseph Henry of Princeton, then peerless among men of science in America. The appointment was accepted, and the essential features of the plan of organization he proposed were adopted in December, 1847. This plan recognized as

"Fundamental that the terms 'increase' and 'diffusion' should receive literal interpretation in accordance with the evident intention of the testator; that such terms being logically distinct, the two purposes mentioned in the bequest were to be kept in view in the organization of the institution; that the increase of knowledge should be effected by the encouragement of original researches of the highest character; and its diffusion by the publication of the results of original research, by means of the publication of a series of volumes of original memoirs; that the object of the institution should not be restricted in favor of any particular kind of knowledge; if to any, only to the higher and more abstract, to the discovery of new principles rather than that of isolated facts; that the institution should in no sense be national; that the bequest was intended for the benefit of mankind in general, and not for any single nation.

"The accumulation and care of collections of objects of nature and art, the development of a library, the providing of courses of lectures, and the organization of a system of meteorological observation, were to be only incidental to the fundamental design of increasing and diffusing knowledge among men."

In its inception, and in its widening influence during the passing years, those entrusted with the actual management of this institution have conscientiously kept in view the clearly expressed intention of its founder. Following the distinctive but parallel paths, "increase" and "diffusion," the Smithsonian Institution, yet in its infancy, has added largely to the sum of useful knowledge. Its accredited representatives are out upon every pathway of intelligent research and discovery. Under the wise operation of this marvellous instrumentality, long-concealed secrets of nature have been discovered, and it can hardly be doubted that all that is given to man to know will yet be revealed, and it will be permitted him

"To read what is still unread, In the manuscripts of God."

By indefatigable investigation, and by world-wide publication of the results, mankind has indeed become, as was intended, the beneficiary of the princely bequest.

More fitting words could not be selected with which to close this sketch than those of the gifted and lamented Langley, whose best years were given to scientific research, and whose name is inseparably associated with the Smithsonian Institution:

"What has been done in these two paths the reader may partly gather from this volume—in the former from the various articles by contemporary men of science, describing its activities in research and original contributions to the increase of human knowledge; in the latter, in numerous way—among others from the description of the work of one of its bureaux, that of the International Exchanges, where it may be more immediately seen how universal is the scope of the action of the Institution, which, in accordance with its motto 'PER ORBEM,' is not limited to the country of its adoption, but belongs to the world, there being outside of the United States more than twelve thousand correspondents scattered through every portion of the globe; indeed there is hardly a language, or a people, where the results of Smithson's benefaction are not known, and associated with his name.

"If we were permitted to think of him as conscious of what has been, is being, and is still to be done, in pursuance of his wish, we might believe that he would feel that his hope at a time when life must have seemed so hopeless, was finding full fruition; for events are justifying what may have seemed, at the time, but a rhetorical expression, in the language of a former President of the United States, who has said: 'Renowned as is the name of Percy in the historical annals of England, let the trust of James Smithson to the United States of America be faithfully executed, let the result accomplish his object, the increase and diffusion of knowledge among men, and a wreath more unfading shall entwine itself in the lapse of future ages around the name of Smithson than the united hands of history and poetry have braided around the name of Percy through the long ages past.'"



XII THE OLD RANGER

JOHN REYNOLDS, GOVERNOR OF ILLINOIS, A BORN POLITICIAN—HIS KNOWLEDGE OF THE PEOPLE—HIS AFFECTATION OF HUMILITY—ADMITTED TO THE BAR —HE CONDEMNS A MURDERER TO DEATH—HIS CURIOUS ADDRESS TO ANOTHER MURDERER—BECOMES A MEMBER OF THE LEGISLATURE—ELECTED GOVERNOR —HIS GENEROSITY TO HIS POLITICAL ENEMIES—BECOMES A MEMBER OF CONGRESS—HIS ADMIRATION FOR HIS ASSOCIATES—ELECTED A MEMBER OF THE GENERAL ASSEMBLY OF THE STATE—RETIRES TO PRIVATE LIFE.

This world of ours will be much older before the like of John Reynolds, the fourth Governor of Illinois, again appears upon its stage. The title which he generously gave himself in early manhood, upon his return after a brief experience as a trooper in pursuit of a marauding band of Winnebagoes, stood him well in hand in all his future contests for office. "The Old Ranger" was a sobriquet to conjure with, and turned the scales in his favor in many a doubtful contest.

The subject of this sketch was a born politician if ever one trod this green earth. He was a perennial candidate for office, and it was said he never took a drink of water without serious meditation as to how it might possibly affect his political prospects. The late Uriah Heep might easily have gotten a few points in "'umbleness," if he had accompanied the Old Ranger in one or two of his political campaigns.

While Illinois was yet a Territory, his father had emigrated from the mountains of Tennessee and located near the historic village of Kaskaskia. This was at the time the capital of the Territory. The village mentioned was then the most, and in fact, the only, important place in the vast area constituting the present State of Illinois. There were less than five thousand persons of all nationalities and conditions in the Territory, and they mainly in and about Kaskaskia, and southward to the Ohio. Beck's Gazetteer published in 1823—five years after the admission of the State into the Union—contains the following: "Chicago, a village of Pike County, situated on Lake Michigan at the mouth of the Chicago Creek. It contains twelve or fifteen houses, and about sixty or seventy inhabitants."

The acquaintance of John Reynolds with what was then known as "the Illinois Country" began in 1800, and his thorough knowledge of the people and their ways gave him rare opportunities for acquiring great personal popularity. Fairly well educated for the times, gifted with an abundance of shrewdness, and withal an excellent judge of human nature, he soon became a man of mark in the new country. He was at all times and under all circumstances the self-constituted "friend of the people." He affected to be one of the humblest of the sons of men; and his dress, language, and deportment were always in strict keeping with that assumption. For the pride of ancestry he had a supreme contempt. In his "My Own Times," published a few years before his death, he said: "I regard the whole subject of ancestry and descent as utterly frivolous and unworthy of a moment's serious attention."

This recalls what Judge Baldwin said of Cave Burton:

"He was not clearly satisfied that Esau made as foolish a bargain with his brother Jacob as some think. If the birth-right was a mere matter of family pride, and the pottage of agreeable taste, Cave was not quite sure that Esau had not gotten the advantage in his famed bargain with the Father of Israel."

Humility was Reynolds's highest card, and when out among the people he was always figuratively clothed in sackcloth and ashes. A few extracts from his book may be of interest:

"I was a singular spectacle when in 1809 I started to Tennessee to college. I looked like a trapper going to the Rocky Mountains. I wore a cream-colored hat made of the fur of the prairie wolf, which gave me a grotesque appearance. I was well acquainted with the mysteries of horse and foot races, shooting matches, and other wild sports of the backwoods, but had not studied the polish of the ball-room and was sorely beset with diffidence, awkwardness, and poverty."

Later, and when out in pursuit of the Indians, he said: "But diffidence never permitted me to approach an officer's tent, or solicit any one for office."

None the less, the office of Orderly Sergeant being thrust upon him, he managed in his humble way to get through with it passably well.

When the State Government was organized in 1818, while shrinking from even the gaze of men, and spurning from the depths of his soul the arts of politicians, he managed in some way to be designated one of the judges of the Supreme Court of the new State. His admiration for the dispensing hand appears as follows: "Wisdom and integrity, with other noble qualities, gave Governor Bond a high standing with his contemporaries. Wisdom and integrity shed a beacon light around his path through life, showing him to be one of the noblest works of God."

Four years prior to this appointment, he had been admitted to the bar, after "undergoing with much diffidence" his examination. This accomplished, he adds: "In the Winter of 1814, I established a very humble and obscure law-office in the French village of Cahokia, the county seat of St. Clair County." The bearing of the one whose meat was locusts and wild honey, and whose loins were girt about with a leathern girdle, was arrogance itself, when compared with the deportment of the later John in the wilderness at the period whereof we write.

That he was orthodox upon what pertained to medical practice will now appear: "It was the universal practice to give the patient of the bilious disease, first, tartar emetic; next day, calomel and jalap; and the third day, Peruvian bark. This was generally sufficient." The latter statement will hardly be questioned.

How his first visitation of the tender passion was mingled with a relish of philosophy is recorded for the benefit of posterity:

"During all my previous life until within a short time before I married, I had not the least intention of that state of existence, and I expressed myself often to my friends to the same effect; but on the subject of matrimony, a passion influences the parties which generally succeeds. Judgment and prudence should be mixed in equal parts with love and affection in the transaction, to secure a lasting and happy union."

With all his diffidence, however, the Old Ranger happened to turn up at the seat of Government in time "to be persuaded by my friends to be a candidate for a Judgeship. It broke in on me like a clap of thunder." The mite of philosophy with which he excused himself for giving way to the urgent demand of his friends is as follows: "Human nature is easier to persuade to mount upwards than to remain on the common level."

His mind, as will appear, was essentially of the strictly practical cast. He no doubt believed with Macaulay that "one acre in Middlesex is worth a principality in Utopia."

That the Republican simplicity of the new Judge followed him from his "very humble and obscure law-office" to the Bench, will now appear:

"The very first court I held was in Washington County, and it was to me a strange and novel business. I was amongst old comrades with whom I had been raised, ranged in the war with them, and lived with them in great intimacy and equality, so that it was difficult to assume a different relationship than I had previously occupied with them. Moreover I detested a mock dignity. Both the sheriff and clerk were rangers in the same company with myself, and it seemed we were still ranging on equal terms in pursuit of the Indians. The sheriff was of the same opinion and very familiar. He opened court sitting astride on a bench in the Court-house, and without rising, proclaimed: 'The court is now open, and our John is on the bench.'"

It may here be mentioned that the first case of importance that came before Judge Reynolds, was the trial of one William Bennett for murder. He had killed his antagonist in a duel in St. Clair County, for which he suffered the death penalty. This is the only duel ever fought in Illinois. No doubt the prompt execution of Bennett did much to discourage duelling in the State.

In reply to the charge that he had acted with unbecoming levity upon the trial of Bennett, the Judge said, "No human being of my humble capacity could have acted with more painful feelings and sympathy than did I on this occasion." Having thus vindicated himself from the serious charge mentioned, he adds:

"I am opposed to capital punishment in any case where the convict can be kept in solitary confinement without pardoning his life; it was extremely painful and awful to me to be the instrument in the hands of the law to pronounce sentence of death upon my fellow-man, extinguishing him forever from the face of the earth, and depriving him of life, which I think belongs to God and not to man."

He consoles himself, however, as he closes his narrative of this sad affair, that "it never did assume the character of a regular and honorable duel." It is very satisfactory also, even at this distant date, to be assured by the Judge that "the prisoner embraced religion, was baptized, and died happy, before spectators to the number of two thousand or more."

Governor Ford, in his history of Illinois, relates the following incident as characteristic of Judge Reynolds. The latter was holding court in Washington County when one Green was found guilty upon an indictment for murder. The court was near the hour of adjournment for the term, when the prosecuting attorney suggested to the court that the prisoner Green be brought in in order that sentence be passed upon him. "Certainly, certainly," said the Judge, and the prisoner was at once brought in from the jail near by.

"Mr. Green," said the Judge in a familiar tone, "the jury in your case have found you guilty. I want you to understand, Mr. Green, and all your friends down on Indian Creek to know, that it is not I who condemns you, but the jury and the law. The law allows you time for preparation, Mr. Green; and so the court wants to know what time it would suit you to be hung?" The prisoner replying that he was ready to suffer at whatever time the court might appoint, the Judge said;

"Mr. Green, you must know that it is a very serious matter to be hung. It can't happen to a man more than once in his life, and you had better take all the time you can get; the court will give you till this day four weeks. Mr. Clerk, look at the almanac and see if this day four weeks comes on Sunday." The Clerk after examination reported that that day four weeks came on Friday. The Judge then said: "Mr. Green, the court gives you till this day four weeks, and then you are to be hanged."

Whereupon the prosecuting officer, the Hon. James Turney, an able and dignified lawyer, said:

"May it please the court, on solemn occasion like the present, when the life of a human being is to be sentenced away for crime by an earthly tribunal, it is usual and proper for courts to pronounce a formal sentence, in which the leading features of the crime shall be brought to the recollection of the prisoner, a sense of his guilt impressed upon his conscience, and in which the prisoner should be duly exhorted to repentance and warned against the judgment in a world to come."

To which the Judge replied: "Oh, Mr. Turney, Mr. Green understands the whole matter as well as if I had preached to him a month. He knows he has got to be hung this day four weeks. You understand it that way, Mr. Green, don't you?"

"Yes," said the prisoner, upon which the Judge again expressing the hope that he and all his friends down on Indian Creek would understand that it was the act of the jury and of the law, and not of the Judge, ordered the prisoner to be remanded to jail, and the court adjourned for the term.

For some reason, by no means satisfactorily explained, Judge Reynolds retired from the bench at the end of his four years' term. In "Breese," the first volume of Illinois reports, is an opinion by Judge Reynolds which has been the subject of amusing comment by three generations of lawyers. After giving sundry reasons why there was error in the judgment below, the learned Judge concludes: "Therefore, the judgment ought to be reversed; but inasmuch as the court is equally divided in opinion, it is therefore affirmed."

He then resumed the practice of the law, and as he says, "was familiar with the people, got acquainted with everybody, and became somewhat popular. I had no settled object in view other than to make a living, and to continue on my humble, peaceable, and agreeable manner." In view of the aversion already shown to office-holding, the following disclaimer upon the part of the Judge seems wholly superfluous: "I had no political ambition or aspirations for office whatever."

It is gratifying to know that at this time his domestic affairs were in a satisfactory condition: "Plain and unpretending; never kept any liquor in the house—treated my friends to every civility except liquor; used an economy bordering on parsimony."

Under the favorable conditions mentioned, the Judge was enabled to overcome his aversion to holding office, and became a humble member of the State Legislature immediately upon his retirement from the bench. That his "modest aspirations" were on a higher plane than that of ordinary legislators will clearly appear from the following: "I entered this Legislature without any ulterior views, and with an eye single to advance the best interests of the State, and particularly the welfare of old St. Clair County. My only ambition was to acquit myself properly, and to advance the best interests of the country."

Two years later, the aversion of the Old Ranger for office was again overcome, as will appear from the following: "I entered this Legislature, as I had the last, without any pledge or restraints whatever; I then was, and am yet, only an humble member of the Democratic party."

His friends were again on the war-path and the shadow of the chief executive office of the State was now beginning to fall across his pathway. He says:

"It would require volumes to record the transactions of these Legislatures, and of my humble labors in them; but it was my course of conduct in these two sessions of the General Assembly that induced my friends, without any solicitation on my part, to offer me as a candidate for Governor. I was urged not by politicians, but by reasonable and reflecting men, more to advance the interest of the State than my own."

If we did not, from his own lips, know how the Judge loathed "the arts of politicians," we might almost be tempted to conclude from the following that he was one of them:

"I traversed every section of the State, and knew well the people. My friends had the utmost confidence in my knowledge of the people, and when I suggested any policy to be observed, this suggestion was consequently carried out as I requested—thus placing all under one leader."

This, it will be remembered, was in 1830, and neither Reynolds nor Kinney, his competitor, had received a party nomination. Both were of the same party, Kinney being a strong Jackson man of the ultra type, and the Judge only a "plain, humble, reflecting Jackson man."

At one time during the campaign it seemed as if there were real danger of this candidate of the "reflecting men of the State" actually falling into the ways and wiles of politicians. "I often addressed the people in churches, in courthouses, and in the open air, myself occupying literally the stump of a large tree; at times also in a grocery."

The fiery and abusive hand-bills against his competitor he did not attempt to restrain his friends from circulating, "as they had a right to exercise their own judgment"; but he declares he did not circulate one himself. He moreover felicitates himself upon the fact that his conciliatory course gained him votes.

This noted contest lasted eighteen months, as Reynolds says, and, the State being sparsely populated, he enjoyed the personal acquaintance of almost every voter. The fact, as he further states, that his opponent was a clergyman, was a great drawback to him, and almost all the Christian sects, except his own—the anti-missionary Baptists— opposed him. With a candor that does him credit, the Judge admits "the support of the religious people was not so much for me, but against him."

No national issues were discussed, but one point urged by Kinney against the proposed Michigan canal was, "that it would flood the country with Yankees." It would be a great mistake to suppose that Reynolds himself wholly escaped vituperation. On the contrary, he claims the credit of being "the best abused man in the State." He relates that one of the stories told on him was, "that I saw a scarecrow, the effigy of a man in a corn-field, just at dusk, and that I said, 'How are you, my friend? Won't you take some of my hand bills to distribute?'"

Some light is shed on the politics of the good old days of our fathers by the following: "The party rancor in the campaign raged so high that neighborhoods fell out with one another, and the angry and bitter feelings entered into the common transactions of life."

If the contest had lasted a year or two longer it is not improbably that our candidate would have fallen from his high "reflecting" state to the low level of artful politician. "It was the universal custom of the times to treat with liquor. We both did it; but he was condemned for it more than myself by the religious community, he being a preacher of the Gospel."

Some atonement, however, is made for the bad whiskey our model candidate dispensed by the noble sentiment with which he closes this chapter of his contest: "I was, and am yet, one of the people, and every pulsation of our hearts beats in unison."

Having been elected by a considerable majority as he modestly remarks, our Governor-elect falls into something of a philosophical train of thought, and horror of politicians and their wiles and ways again possessed him. He says:

"It may be considered vanity and frailty in me, but when I was elected Governor of the State on fair, honorable principles by the masses, without intrigue or management of party or corrupt politicians, I deemed it the decided approbation of my countrymen, and consequently a great honor."

The admonition of this sage statesman to the rising generation upon the subject of office-seeking, is worthy of profound consideration:

"But were I to live over again another life, I think I would have the moral courage to refrain from aspiring for any office within the gift of the people. By no means do I believe a person should be sordid and selfish in all his actions, yet cannot a person be more useful to the public if he possesses talents in other situations than in office?"

Some memory of the well-known ingratitude of republics evidently entered like iron into his very soul when his memoirs were written:

"Moreover, a public officer may toil and labor all his best days with the utmost fidelity and patriotism, and the masses who reap the reward of his labors frequently permit him, without any particular fault upon his part, to live and die in his old age with disrespect. Witness the punishment inflicted on Socrates, on our Saviour, and many others for no crime whatever. But this contumely and disrespect ought not to deter a good and qualified man from entering the public service, if he is satisfied that the good of the country requires it."

At this point in the career of this eminent public servant, deep sympathy is aroused on account of the conflict between his humility and a not very clearly-defined belief that something was due to the great office to which he had been elevated. As preliminary, however, to accomplishing what was for the best interests of the people it must not be forgotten that "my first object was to soften down the public mind to its sober senses." That no living man was better qualified for the accomplishment of so praiseworthy a purpose will now appear: "It has been my opinion of my humble self, that whatever small forte I might possess was to conciliate and soften down a turbulent and furious people."

This being all satisfactorily accomplished and the abundant reward of the peacemaker in sure keeping for this humble instrument, his efforts were now directed toward the discharge of the duties of the office to which he had so unexpectedly been called.

That this hitherto unquestioned "friend of the people" was now manifesting a slight tendency toward the frailties and vanities of the common run of men, will appear from the following:

"It was my nature not to feel or appear elevated, but I discovered that my appearance and deportment, at times, might look like affected humility or mock modesty, which I sincerely despised, and then I would straighten up a little."

It may be truly said of Reynolds, as Macaulay said of Horace Walpole: "The conformation of his mind was such that whatever was little seemed to him great; and whatever was great, seemed to him little."

Having in his inaugural given expression to the noble sentiment that "proscription for opinion's sake is the worst enemy to the Republic," he at once generously dispelled whatever apprehensions his late opponents might feel as to what was to befall them, by the assurance: "Therefore, all those who honestly and honorably supported my respectable opponent in the last election for Governor shall experience from me no inconvenience on that account." Unfortunately no light is shed upon the interesting inquiry as to what "inconvenience" was experienced by those who had otherwise than "honestly and honorably" supported his respectable opponent in the late contest.

The Black Hawk War was the principal event of the administration of Governor Reynolds. A treaty of peace being concluded, the Indians were removed beyond the Mississippi River. In all this the Governor acquitted himself with credit.

That his aversion to office-holding was in some measure lessening, will appear from the following:

"Being in the office of Governor for some years, I was prevented from the practice of the law, and in the meantime had been engaged in public life until it commenced to be a kind of second nature to me. Moreover, I was then young, ardent, and ambitious, so that I really thought it was right for me to offer for Congress; and I did so, in the Spring of 1834."

An "artful politician" would probably have waited until the expiration of his term as Governor. Not so with this "friend of the people." He was not only elected to the next Congress, but the death of the sitting member for the District creating a vacancy, Reynolds was of course elected to that also, and was thus at one time Governor of the State and member elect both to the next and to the present Congress.

His triumph over his "able and worthy competitor" is accounted for in this wise: "I was myself tolerably well informed in the science of electioneering with the masses of the people. I was raised with the people, and was literally one of them. We always acted together, and our common instincts, feelings and interests were the same." He here modestly ventured the opinion that his "efforts on the stump, while making no pretension to classic eloquence, yet flowing naturally from the heart, supplied in them many defects."

A mite of self-approval, tinged with a philosophy which appears to have been always kept on tap, closes this chapter of his remarkable career. He says:

"I sincerely state that I never regarded as important the salary of the office, but I entered public office with a sincere desire to advance the best interest of the country, which was my main reward. If a person would subdue his ambition for office and remain a private citizen, he would be a more happy man."

That he must have been the most miserable of men, during the greater part of his long life, clearly appears from the following: "There is no person happy who is in public office, or a candidate for office."

A more extensive field of usefulness now opened up to the Old Ranger as he took his seat in Congress. He had many projects in mind for the benefit of the people—one, the reduction of the price of the public lands to actual settlers; another, the improvement of our Western rivers. But like many other members both before and since his day, he found that "these things were easier to talk about on the stump than to do." He candidly admits: "This body was much greater than I had supposed, and I could effect much less than I had contemplated."

He informs us that he felt like a country boy just from home the first time, as he entered the hall of the law-makers of the great Republic. The city of Washington, grand and imposing, impressed him deeply, but was as the dust in the balance to "the assemblage of great men at the seat of Government of the United States, and at the opening of Congress, when a grand and really imposing spectacle was presented."

His profound admiration for some of his associates upon the broader theatre of the public service found vent in the following eloquent words:

"When the Roman Empire reached the highest pinnacle of literary fame and political power in the reign of Augustus Caesar, the period was called the Augustan age. There was a period that existed eminently in the Jackson administration and a few years after that might be called the Augustan age of Congress. So extraordinary a constellation of great and distinguished individuals may never again appear in office at the seat of government."

If apology were needed for the new members' exalted opinion of his associates, it can readily be found in the fact that among them in the House were John Quincy Adams, John Bell, Thomas F. Marshall, Ben Hardin, James K. Polk, Millard Fillmore, and Franklin Pierce. The first named had been President of the United States, and the last three were yet to hold that great office. At the same time "the constellation of great stars" that almost appalled the Illinois member upon his introduction included, in the Senate, Crittenden, Wright, Cass, Woodbury, Preston, Buchanan, Grundy, Benton, Clay, Calhoun, and Webster.

On finally taking leave of Congress, our member congratulates himself that during seven years of service he was absent from his seat but a single day. That all his humble endeavors were in the interest of the people, of course, goes without saying. He deprecates in strong terms the extravagance of some members of Congress in allowing their expenses to exceed their salaries, and then leaving the capital in debt. That he did nothing of the kind, but practised economy in all his expenses, it is hardly necessary to state. He is not, however, entitled to a patent for the discovery that "the expenses for living at the seat of Government of the United States are heavy."

Being a widower, conditions were now favorable for a little romance to be mingled with the dull cares of state. Near the close of his last term, he says: "I became acquainted with a lady in the District of Columbia, and we, in consideration of mutual love and affection, married. The same tie binds us in matrimonial happiness to the present time." He here admits a fact that might at this later day subject him to Executive displeasure: "Posterity will have an unsettled account against us for having added nothing to the great reservoir of the human family."

It may be of interest to know that while in Congress our member humbly accepted the appointment tendered him by Governor Carlin as Commissioner to negotiate the Illinois and Michigan Canal bonds. His earnest desire to have some one else appointed availed nothing, and in the interest of the great enterprise, upon the success of which the future of the State seemed to hang, he spent the summer of 1839 in Europe. While his mission abroad was fruitless as to its immediate object, it is gratifying to know that our commissioner returned duly impressed with "the immense superiority in every possible manner of our own country, and all its glorious institutions, over those of the monarchies of the old world."

It would be idle to suppose that the retirement of the Old Ranger from Congress was to terminate his career of usefulness to the people. On the contrary, he says: "In 1846, I was elected a member from St. Clair County to the General Assembly of the State. The main object of myself and friends was to obtain a charter for a macadamized road from Belleville to the Mississippi River, opposite St. Louis."

This all satisfactorily accomplished, and the Legislature adjourned, "I turned my time and attention to the calm and quiet of life. With my choice library of one thousand volumes I indulged in the study of science and literature. I soon discovered that the bustle and turmoil of political life did not produce happiness."

Sad to relate, this faithful public servant, worn with the cares of state, was not even yet permitted to lay aside his armor. The happiness of private life, for which his soul yearned as the hart panteth for the water brooks, was again postponed for the hated bustle and turmoil of politics. In 1852, against his remonstrances, he was again elected to the Legislature, and upon the organization of the House unanimously chosen Speaker.

Reluctantly indeed, we now take leave of John Reynolds—the quaintest of all the odd characters this country of ours has known. In doing so, it is indeed a comfort to know that, true as the needle to the pole, his great heart continued to beat in unison with that of the people. Ascending the Speaker's stand, and lifting the gavel, with deep emotion he said—and these are to us his last words: "I have nothing to labor for but the public good. My life has been devoted to promote the public interest of Illinois, and in my latter days it will afford me profound pleasure to advance now, as I have always done in the past, the best interests of the people."



XIII THE MORMON EXODUS FROM ILLINOIS

DELEGATE CANNON AND SENATOR CANNON, MORMONS—SKETCH OF MORMONISM BY GOVERNOR FORD—JOSEPH SMITH'S OWN ACCOUNT OF THE ORIGIN OF HIS CHURCH—HOW "THE BOOK OF MORMON" WAS MADE—NAUVOO, "THE HOLY CITY"—EFFORTS OF WHIGS AND DEMOCRATS TO WIN THE VOTES OF THE MORMONS—VICTORY OF THE DEMOCRATS, AND CONSEQUENT ANTI-MORMONISM OF THE WHIGS—JOSEPH SMITH'S PRETENSIONS TO ROYALTY—THE ORIGIN OF POLYGAMY IN THE MORMON CHURCH—CONFLICT WITH THE STATE AUTHORITIES —SURRENDER OF THE LEADERS—ASSASSINATION OF SMITH—BRIGHAM YOUNG CHOSEN AS HIS SUCCESSOR—THE EXODUS BEGINS.

Just across the aisle from my seat in the House of Representatives during the forty-sixth Congress sat George Q. Cannon, the delegate from the Territory of Utah. He held this position for many years, and possessed in the highest degree the confidence of the Mormon people. Fifteen years later, when presiding over the Senate, I administered the oath of office to his son, the Hon. Frank J. Cannon, the first chosen to represent the State of Utah in the Upper Chamber of the National Congress. Senator Cannon was then in high favor with "the powers that be" in Salt Lake City, but for some cause not well understood by the Gentile world, is now persona non grata with the head of the Mormon Church. The younger Cannon was not a polygamist, and no objection was urged to his being seated upon the presentation of his credentials as a Senator. His father, the delegate, was in theory a polygamist, and had "the courage of his convictions" to the extent of being the husband of five wives, and the head of as many separate households. This, before the days of "unfriendly legislation," was, in Mormon parlance, called "living your religion."

The delegate and the Senator were both men of ability, and possessed in large degree the respect of their associates. The former was in early youth a resident of Illinois, and was of the advance guard of the Mormon exodus to the valley of the Great Salt Lake soon after the assassination of the "prophet." When I first visited Salt Lake City, in 1879, George Q. Cannon, in addition to being the delegate in Congress, was one of the "Quorum of the Twelve," and was in the line of succession to the presidency of the Church. From him I learned much that was of interest concerning the history and tenets of the Mormon people. The venerable John Taylor was then the president of the Church, the immediate successor of Brigham Young. He was in early life a resident with his people in Nauvoo, Illinois, and was a prisoner in the Carthage jail with the "Prophet Joseph" at the time of his assassination, in 1844. President Taylor gave me a graphic description of that now historic tragedy, and of his own narrow escape from the fate of his idolized leader.

A brief notice of this singular people, and of what they did and suffered in Illinois, may not be wholly without interest. Mormonism was the apple of discord in the State during almost the entire official term of the late Governor Ford. More than one little army was, during that period, sent into Hancock County—"the Mormon country"—to suppress disturbances and maintain public order.

Governor Ford says:

"The Church of Jesus Christ of Latter-Day Saints, as this organization is denominated by its adherents, is to be viewed from the antagonistic Gentile and Mormon standpoints.

"Joseph Smith, the founder of the Mormon Church and its prophet, was born in Vermont, in 1805, of obscure parentage. His early education was extremely limited. When he first began to act the prophet, he was ignorant of almost everything which pertained to science; but he made up in natural cunning for many deficiencies of education. At the age of ten, he was taken by his father to Wayne County, New York, where his youth was spent in an idle, vagabond life, roaming the woods, dreaming of buried treasures, and exerting himself to find them by the twisting of a forked stick in his hands, or by looking through enchanted stones. He and his father were 'water witchers,' always ready to point out the exact points where wells could be successfully dug. While leading an idle, profligate life, Joseph Smith became acquainted with Sidney Rigdon, a man of talents and great plausibility. Rigdon was the possessor of a religious romance written some years before by a Presbyterian clergyman. The perusal of this book suggested to Smith and Rigdon the idea of starting a new religion. By them a story was accordingly devised to the effect that golden plates had been found buried near Palmyra, New York, containing a record inscribed on them in unknown characters, which, when deciphered by the power of inspiration, gave the history of the ten lost tribes of Israel in their wanderings through Asia into America, where they had settled and flourished, and where, in due time, Christ came and preached the Gospel to them, appointed his twelve Apostles, and was crucified here, nearly in the same manner he had been in Jerusalem. The record then pretended to give the history of the American Christians for a few hundred years until the wickedness of the people called down the judgment of God upon them, which resulted in their extermination. Several nations from the Isthmus of Darien to the northern extremity of the continent were engaged in continual warfare. The culmination of all this was the battle of Cumorah, fought many centuries ago near the present site of Palmyra, between the Lamanites and the Nephites—the former being the heathen and the latter the Christians of this continent. In this battle, in which hundreds of thousands were slain, the Nephites perished from the earth, except a remnant, who escaped to the southern country. Among this number was Mormon, a righteous man who was divinely directed to make a record of these important events on plates of gold, and who buried them in the earth, to be discovered in future times. 'The Book of Mormon'—none other than the religious romance above mentioned—is the pretended translation of the hieroglyphics said to have been inscribed on the golden plates.

"The account given of himself by the 'prophet' is of far different tenor from the one just given. While yet a youth he became greatly concerned in regard to his soul's salvation; and being deeply agonized in spirit, he sought divine guidance. While fervently engaged in supplication, his mind was taken away from the surrounding objects and enwrapped in a heavenly vision, and he saw two glorious personages similar in form and features and surrounded with a brilliant light, outshining the sun at noonday. He was then informed by these glorious personages that all religious denominations were in error, and were not acknowledged of God as His church and kingdom, and that he, Joseph, was expressly commanded not to go after them. At the same time, he received a promise that the fulness of the Gospel should at some future time be known to him."

Subsequently, on the evening of September 23, 1823, at the hour of six, while he was engaged in prayer, suddenly a light like that of day, only far more pure and glorious, burst into the room, as though the house were filled with fire, and a personage stood before him surrounded with a glory far greater than he had yet seen. This messenger proclaimed himself to be an angel of God, sent with the joyful tidings that the covenant which God had made with ancient Israel was about to be fulfilled; that the preparatory work for the second coming of Messiah was speedily to commence; that the time was at hand for the Gospel to be proclaimed in all its fulness and power to all nations, to the end that a peculiar people might be prepared for the millennial reign. He was further informed that he, Joseph, was to be the instrument in God's hand to bring about this glorious dispensation. The angel also informed him in regard to the American Indians, who they were, and whence they came, with a sketch of their origin, progress, civilization, righteousness, and iniquity, and why the blessing of God had been withdrawn from them as a people. He was also told where certain plates were deposited, whereon were engraved the records of the ancient prophets, who once existed on this continent. And then, to wit, on the last day mentioned, the angel of the Lord delivered into his hands the records mentioned, which were engraved on plates which had the appearance of gold. They were filled with engravings in Egyptian characters and bound together in a volume as the leaves of a book; with the records was found a curious instrument which the ancients called "Urim and Thummim," which consisted of two transparent stones set in the rim of a bow fastened to a breastplate. By the instrumentality of the Urim and Thummim, Joseph was enabled to translate the hieroglyphics aforementioned.

Thus translated, the records mentioned became "The Book of Mormon." The last of the ancient prophets had inscribed these records upon the golden plates by the command of God, and deposited them in the earth, where, fifteen centuries later, they were divinely revealed to Joseph Smith.

It is not pretended that the golden plates are still in existence, but that after being translated by Joseph Smith, by the aid of the wonderful instrument mentioned, they were re-delivered to the angel. The non-production of the plates thus satisfactorily explained, and secondary evidence being admissible, eleven witnesses appeared and testified to having actually seen the plates; three of the number further declaring that they were present when Joseph received the plates at the hands of the angel.

Upon my giving expression, to a high Mormon official, of some lingering doubts as to the absolute authenticity of the above narrative, I was significantly reminded of the words of the immortal bard:

"Disparage not the faith thou dost not know, Lest, to thy peril, thou aby it dear."

At all events, upon the pretended revelations mentioned, Joseph Smith as "prophet" founded the Church of the Latter-Day Saints, near Palmyra, New York, in 1830. Nor did he lack for followers. The eleven witnesses mentioned, and others, were commissioned and sent forth to proclaim the new gospel, and disciples in large numbers soon flocked to the standard of the "prophet."

The history of delusions from the days of Mahomet to the present time illustrates the eagerness with which men are ever ready to seek out new inventions and to discard the old beliefs for the new. There is no tenet so monstrous but in some breast it will find lodgment.

"In religion What damned error, but some sober brow Will bless it and approve it with a text."

In 1833, Mormon colonies were established at Kirtland, Ohio, and in Jackson County, Missouri, but, owing to Gentile persecution, the "saints" at length shook the dust of those unhallowed localities from their feet, and settled in large numbers in Hancock County, Illinois. Here they built Nauvoo, the "Holy City," "the beautiful habitation for man." The Mormon historian says: "The surrounding lands were purchased by the saints, and a town laid out, which was named 'Nauvoo' from the Hebrew, which signifies fair, very beautiful, and it actually fills the definition of the words, for nature has not formed a parallel anywhere on the banks of the Mississippi."

The sacred city, as it was called, soon contained a population of fifteen thousand souls, gathered from all quarters of the globe. Here were built the home of the prophet, the hall of the seventies, a concert hall, and other public institutions. Chief among these buildings was the Temple, described by the same historian as "glistening in white limestone upon the hilltops, a shrine in the wilderness whereat all the nations of the earth may worship, whereat all the people may inquire of God and receive His holy oracles."

This temple, erected at a cost of nearly a million dollars, was at a later day visited by Governor Reynolds, and is thus described by him:

"I was in the Mormon temple at Nauvoo. It was a large and splendid edifice, built in the Egyptian style of architecture; and its grandeur and magnificence truly astonished me. It was erected on the top of the Mississippi bluff, which has a prospect which reached as far as the eye could extend over the country and up and down the river. The most singular appendage of this splendid edifice was the font in which the immersion of the saints was practised. It was composed of marble."

At the time of the Mormon emigration to Illinois, in 1839, the Whig and Democratic parties in the State were in a heated struggle for supremacy. The respective party leaders at once realized that the new importation of voters might be the controlling political factor in the State. To conciliate the Mormons and gain their support soon became the aim of the politicians. This fact is the keynote to the statement of Governor Ford:

"A city charter drawn up to suit the Mormons was presented to the Legislature. No one opposed it, but both parties were active in getting it through. This charter, and others passed in the same manner, incorporated Nauvoo, provided for the election of a mayor, four aldermen, and nine councillors, and gave them power to pass all ordinances necessary for the benefit of the city which were not repugnant to the Constitution. This seemed to give them power to pass ordinances in violation of the laws of the State, and to erect a system of government for themselves. This charter also incorporated the Nauvoo Legion,—entirely independent of the military organization of the State, and not subject to the commands of its officers. Provision was also made for a court-martial for the Legion, to be composed of its own officers; and in the exercise of their duties they were not bound to regard the laws of the State. Thus it was proposed to establish for the Mormons a Government within a Government, a Legislature with power to pass ordinances at war with the laws of the State. These charters were unheard of, anti-republican and capable of infinite abuse. The great law of the separation of the powers of government was wholly disregarded. The mayor was at once the executive power, the judiciary, and part of the Legislature. One would have thought that these charters stood a poor chance of passing the Legislature of a republican people, jealous of their liberties, nevertheless they did pass both Houses unanimously. Each party was afraid to object to them, for fear of losing the Mormon vote."

Some indications of the hopes and fears of party leaders may be gleaned from the statement of the politic John Reynolds, then a representative in Congress. He thus speaks of the visit of Joseph Smith to the national capital:

"I had recently received letters that Smith was a very important character in Illinois, and to give him the civilities that were due him. He stood at the time fair and honorable, except his fanaticism on religion. The sympathies of the people were in his favor. It fell to my lot to introduce him to the President, and one morning the Prophet Smith and I called at the White House to see the chief magistrate. When we were about to enter the apartments of President Van Buren, the prophet asked me to introduce him as a Latter-day Saint. It was so unexpected and so strange to me that I could scarcely believe he would urge such nonsense on this occasion to the President. But he repeated the request, and I introduced him as a Latter-day Saint, which made the President smile. The Prophet remained in Washington a greater part of the winter, and preached often. I became well acquainted with him. He was a person rather larger than ordinary stature, well proportioned, and would weigh about one hundred and eighty pounds. He was rather fleshy, but was in his appearance, amiable and benevolent. He did not appear to possess barbarity in his nature, nor to possess that great talent and boundless mind that would enable him to accomplish the wonders he performed."

Referring again to the narrative of Ford:

"Joseph Smith was duly installed Mayor of Nauvoo—this Imperium in Imperio—he was ex-officio Judge of the Mayor's court, and Chief Justice of the Municipal court; and in this capacity he was to interpret the laws he had assisted to make. The Nauvoo Legion was organized with a multitude of high officers. It was divided into divisions, brigades, cohorts, battalions, and companies; and Joseph Smith as Lieutenant-General was the Commander-in-Chief. The common council of Nauvoo passed many ordinances for the punishment of crime. The punishment was generally different from, and much more severe than, that provided by the laws of the State."

That any Legislature would ever, under any stress of circumstances, have conferred—or have attempted to confer—such powers upon a municipality is beyond comprehension. The statement, if unsustained by the official State records, would now challenge belief.

Under the favorable conditions mentioned, the Mormons were now upon the high wave of prosperity in Illinois. Their number had increased to more than twenty thousand in Hancock and the counties adjoining. The owners of large tracts of valuable land, protected by legislation that finds no parallel in any State, courted by the leaders of both parties, and actually holding for a time the balance of political power in the State—they seemed indeed to be "the chosen people," as claimed by their prophet.

It needed no prophet, however, to foretell that this could not long continue. The Mormon leaders failed to realize that to champion the cause of either party would of necessity arouse the fierce hostility of the other, as in very truth it did. Politics, the prime cause of fortune's favors to them in the beginning, proved their undoing in the end.

Joseph Smith had, soon after his removal from Missouri, been arrested upon a requisition from the Governor of that State. From this arrest he was discharged when brought upon a writ of habeas corpus before Judge Pope, a Whig. The ground of the decision was, that as Smith was not in Missouri at the time of the attempt upon the life of Governor Boggs, and that whatever he did—if he did anything —to aid or encourage the attempt, was done in Illinois, and not within the jurisdiction of Missouri laws, he was not a fugitive from justice within the provision of the Constitution of the United States. The decision excited much comment at the time, but, as stated by Judge Blodgett, it "has borne the test of criticism, and is now the accepted rule of law in interstate extradition cases."

This for a time inclined the Mormons to the support of the Whig party. Again arrested, the prophet, under similar proceedings, was discharged by a Democratic Judge. This, as Governor Ford says,

"Induced Smith to issue a proclamation to his followers declaring Judge Douglas to be a master spirit, and exhorting them to vote for the Democratic ticket for Governor. Smith was too ignorant to know whether he owed his discharge to the law or to party favor. Such was the ignorance of the Mormons generally, that they thought anything to be law which they thought expedient. All action of the Government unfavorable to them they looked upon as wantonly oppressive, and when the law was administered in their favor they attributed it to partiality and kindness."

The last hope of the Whigs for Mormon support was abandoned in 1843. In the district of which Hancock County was a part, the opposing candidates for Congress were Joseph P. Hoge, Democrat, and Cyrus Walker, Whig, both lawyers of distinction. The latter had been counsel for Smith in the Habeas Corpus proceedings last mentioned. Grateful for the services then rendered, Smith openly espoused the candidacy of Walker in the pending contest. That there were tricks in politics even more than sixty years ago, will now appear. One Backinstos, a politician of Hancock County, declared upon his return from the State capital that he had assurances from the Governor that the Mormons would be amply protected as long as they voted the Democratic ticket. It is hardly necessary to say that the Governor denied having given any such assurance. However, the campaign lie of Backinstos, like many of its kind before and since, proved a "good enough Morgan till after the election." This, it will be remembered, was before the days of railroads and telegraphs, and the Mormon settlement was far remote from the seat of government. A partisan jumble, in which the "saints" were the participants, and the low arts of the demagogues and pretended revelations from God the chief ingredients, is thus described by the historian just quoted:

"The mission of Backinstos produced an entire change in the minds of the Mormon leaders. They now resolved to drop their friend Walker and take up Hoge, the Democratic candidate. A great meeting of several thousand Mormons was held the Saturday before the election. Hiram Smith, patriarch and brother of the prophet, appeared in this assembly and there solemnly announced to the people, that God had revealed to him that the Mormons must support Mr. Hoge. William Law, another leader, next appeared and denied that the Lord had made any such revelation. He stated that to his certain knowledge the prophet Joseph was in favor of Mr. Walker, and that the prophet was more likely to know the mind of the Lord than the patriarch. Hiram again repeated his revelation, with a greater tone of authority, but the people remained in doubt until the next day, Sunday, when the prophet Joseph himself appeared before the assemblage. He there stated that he himself was in favor of Mr. Walker and intended to vote for him; that he would not, if he could, influence any man in giving his vote; that he considered it a mean business for any man to dictate to the people whom they should vote for; that he had heard his brother Hiram had received a revelation from the Lord on the subject; but for his own part, he did not much believe in revelations on the subject of election. Brother Hiram was, however, a man of truth; he had known him intimately ever since he was a boy, and he had never known him to tell a lie. If brother Hiram said he had received a revelation he had no doubt he had. When the Lord speaks let all the earth be silent."

That the prophet Joseph well understood how to

"By indirections find directions out,"

clearly appears from his cunning expression of faith in the pretended revelation of the patriarch Hiram. The effect of this speech was far-reaching. It turned the entire Mormon vote to Hoge, thereby securing his election to Congress, and at once placed the Whigs in the ranks of the implacable anti-Mormon party then in process of rapid formation. The crusade that now began for the expulsion of the Mormons from the State, was greatly augmented by acts of unparalleled folly upon their own part. In order to protect their leaders from arrest, it was decreed by the City Council of Nauvoo that no writ unless issued and approved by its Mayor should be executed within the sacred city, and that any officer attempting to execute a writ otherwise issued, within the city, should be subject to imprisonment for life, and that the pardoning power of the Governor of the State was in such case suspended. This ordinance when published created great astonishment and indignation. The belief became general that the Mormons were about to set up for themselves a separate Government wholly independent of that of the State. This belief was strengthened by the presentation of a petition to Congress praying for the establishment of a Territorial Government for Nauvoo and vicinity.

Apparently oblivious of the gathering storm, Joseph Smith early in 1844 committed his crowning act of folly by announcing himself a candidate for the high office of President of the United States. Not only this, but as stated by Governor Ford,

"Smith now conceived the idea of making himself a temporal Prince as well as the spiritual leader of his people. He instituted a new and select order of the priesthood, the members of which were to be priests and kings, temporal and spiritual. These were to be the nobility, the upholders of his throne. He caused himself to be crowned and anointed king and priest far above all others. To uphold his pretensions to royalty, he deduced his descent by an unbroken chain from Joseph, the son of Jacob, and that of his wife from some other renowned personage of Old Testament history. The Mormons openly denounced the Government of the United States, as being utterly corrupt, and about to pass away and be replaced by the government of God, to be administered by his servant Joseph. It is at this day certain, also, that about this time, the prophet instituted an order in the Church called the Danite Band. This was to be a body-guard about the person of their sovereign, sworn to obey his commands as those of God himself."

During late years a war of words has been waged within the Mormon church over the question of the responsibility of the prophet Joseph for the introduction of polygamy as a cardinal tenet of its creed. The son of the prophet, it will be remembered, led a revolt against Brigham Young, soon after the succession of the latter to the presidency of the Church, and is now at the head of the Mormon establishment at Plano, Illinois. This branch of the Church rejects the dogma of polygamy, declaring it to be utterly repugnant to the divine revelation to Joseph, and to early Mormon belief and practice.

Upon the contrary, the main body in Utah—of which Joseph F. Smith the nephew of the prophet and son of Hiram the patriarch is now the president—found their belief in the divine character of their peculiar institution upon alleged revelations direct from God to the founder of the Church. The statement of Governor Ford, written nearly sixty years ago, sheds some light upon this controversy:

"A doctrine was now revealed that no woman could get to heaven except as the wife of a Mormon elder. The elders were allowed to have as many of these wives as they could maintain; and it was a doctrine of the Church that any female could be 'sealed up to eternal life' by uniting herself as wife to the elder of her choice. This doctrine was maintained by appeal to the Old Testament scriptures and by the example of Abraham and Jacob and Daniel and Solomon, the favorites of God in a former age of the world."

As the necessary result of the causes mentioned, the followers of the prophet soon found themselves bitterly antagonized by almost the whole anti-Mormon population of the "Military Tract." Charges and counter-charges were made, the arrest of the leaders of the opposing parties followed in rapid succession, and outrages and riots were of daily occurrence. Public meetings were held; all the crimes known to the calendar were charged against the Mormons, and resolutions passed demanding their immediate expulsion from the State. What is known in Illinois history as the "Mormon war" followed closely in the wake of the events just mentioned. Innocent persons were, in many instances, the victims of the folly and of the crimes of unprincipled and brutal leaders.

The events of this period constitute a dark chapter in the history of the State—one that can be recalled only with feelings of horror. The great body of citizens, it is needless to say, favored the rigid maintenance of order and the protection of life and property; but it was the very heyday for the lawless and vicious element of all parties.

That this condition of affairs could not long continue was manifest. The bloody termination, however, came in a manner unexpected to all. Two of the Mormon leaders, William and Wilson Law, were, at the time mentioned, in open revolt against the newly-assumed powers and the alleged practices of the prophet. To strengthen their opposition they procured a printing-press and equipment, and issued from their office in Nauvoo one number of a small weekly, "The Expositor." By order of the Mayor, Smith, and decree of the Council, the press was seized and destroyed, and the Law brothers and their few adherents compelled to flee the Holy City. Immediately upon their arrival at Carthage, they caused warrants to be issued for the arrest of Joseph and Hiram Smith, John Taylor, and others, for the destruction of the printing-press. The almost sovereign powers previously conferred upon the city of Nauvoo now play an important part in this drama. The persons arrested, as above mentioned, were at once brought by writs of habeas corpus, issued by the Mayor of Nauvoo, before the Municipal Court and there promptly discharged. Governor Ford, whose righteous soul had been vexed to the limit of endurance by unmerited abuse from Mormon and Gentile alike from the beginning of this controversy, here indulges in a few expressions of justifiable irony. Of these proceedings he says: