- 
 
LIFE AND TIMES 
 
 OF 
 
 HON. SAMUEL D. LOCKWOOD 
 
 * 
 
 BY WILLIAM COFFIN 
 
 \\ 
 
 CHICAGO: 
 
 KNIGHT & LEONARD CO., PRINTERS, 
 1889. 
 
INTRODUCTION. 
 
 "The most substantial glory of a country is in its virtuous, 
 great men. Its prosperity will depend on its docility to learn 
 from their example. 
 
 " That nation is fated to ignominy and servitude for which such 
 men have lived in vain." 
 
 The real history of Illinois must be found in the lives of her 
 eminent men. This statement will bear repeating, as at least, 
 inviting careful consideration. 
 
 The real history of Illinois must be found in the lives of her 
 eminent men, and we shall look in vain for it elsewhere. The 
 growth of our state has been phenomenal, and with a good degree 
 of commendable pride, we look over the tables indicating our 
 progress in all material things. But statistics are not history, 
 and the columns of figures, furnished by our census bureau, give 
 only the skeleton of state organization and development. For 
 all beauty and expression of form and feature, we must look else- 
 where, and for the hidden springs of life, the vital forces that 
 underlie all development, we must look far deeper, even down to 
 where living souls think and feel, plan and resolve. 
 
 The old adage has come down to us from the dark ages, " Peace 
 has no history/' and the record of former centuries, abounding in 
 tales of bloody strife and savage warfare, seems to prove the adage 
 true for those times. Fortunately, however, a change has come in 
 these latter days, or Illinois would have no history outside our 
 our Indian conflicts. 
 
 On our soil there are no marked battle-fields, no places 
 renowned for even traditional achievements in arms, and our war 
 
CHAPTER I. 
 
 GENERAL SUMMARY AND TESTIMONIALS. 
 
 HOK SAMUEL D. LOCKWOOD was a resident of the 
 state of Illinois from 1818 to 1874, and for over fifty 
 years was in the public service, holding during that period, 
 under state and national appointment, the following positions 
 of high trust and responsibility. In 1821 he was elected state's 
 attorney by the general assembly of Illinois ; the next year he 
 was appointed secretary of state by Governor Coles; in 1823 
 he was appointed, by President Monroe, receiver of public 
 moneys in the Edwardsville land office ; and in the following 
 year was elected by the general assembly associate justice of 
 the Supreme Court of Illinois, which position he held till the 
 adoption of the new state constitution in 1848. He was state 
 trustee of the Illinois Central Railroad from the organization 
 of that company until his death in 1871 ; and was charter 
 trustee in each of the state institutions established for the 
 benefit of the insane, deaf and dumb, and blind. The fore- 
 going brief outline indicates something of Judge Lockwood's 
 standing in the state, something of the esteem with which he 
 was regarded by his fellow-citizens, and something of the 
 influence he must have exerted in that period of our state 
 history when a few of our good and wise men were laying 
 the foundations of those civil, social and educational institutions 
 which have secured for us our present prosperity, and are a 
 standing proof of the wisdom and fidelity of the great men into 
 whose labor we have entered. 
 
 All the prominent men, who were intimate with Judge Lock- 
 wood through this period, and associated with him in the vari- 
 ous relations of life, with remarkable unanimity speak of him as 
 being eminently wise in council, earnest and persevering in 
 action, faithful and honest in every position of trust, dignified in 
 
 9 
 
10 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 deportment, kind and tender in all friendly relations, with a 
 loyalty to truth and right commanding the admiration of all who 
 knew him, irrespective of all party or sectarian differences. 
 
 The influence of such a man can not be overestimated, and as 
 the fathers respected and honored him, so the children should 
 venerate and love him. 
 
 But where shall the writer find detailed proof of all this ? The 
 eye-witnesses, who would gladly give their testimony, have, with 
 but few exceptions, passed to that world from which no voices 
 come back to us. The work accomplished abides in its beauty 
 and grandeur, but the names of the architects are not engraved 
 on the polished stones. 
 
 Judge Lockwood was a remarkably quiet, unobtrusive man, 
 never putting himself forward, even unwilling that his name 
 should be prominent in connection with any great enterprise ; 
 never seeking honor for himself, nor envious of others who bore 
 the honor that was really his due. It is not known that he ever 
 made a public address, or published any newspaper articles over 
 any signature which would mark him as the author. 
 
 In all the important questions that arose from day to day, he 
 felt an earnest interest, and took an active part, but his words 
 are unrecorded. He wrote many letters, but he kept no copies, 
 and the parties addressed failed to preserve them. In times of 
 excitement, of political and social outbursts of passion, his quiet 
 serenity, good practical common sense, and confidence-inspiring 
 integrity, stood as a restraining influence far more beneficial than 
 the loud declamations even of those who had right on their side. 
 
 In the recorded proceedings of the Supreme Court of our state 
 his decisions are marked pre-eminently by a clear understanding 
 and full comprehension of the great principles of common law, 
 and these principles, interpreted and applied by a good practical 
 common sense, have made those decisions standard authority for 
 bench and bar. But these decisions are for the law student, and 
 they indicate but a small part of the service he rendered the 
 state as one of the justices of its Supreme Court. 
 
 Before entering upon the details of Judge Lockwood's life, I 
 would append here a few letters from some men who were to 
 some extent associated with him and knew him personally. 
 
GENERAL SUMMARY AND TESTIMONIALS. 11 
 
 Many others might be given, but they are all alike in a definite, 
 clear, general statement, but greatly deficient in those details 
 which would help the writer in a biographical sketch. 
 
 Dr. Edward Beecher, President of Illinois College, from 1830 
 to 1844, now of Brooklyn, New York, writes as follows : "I can 
 not enter into any details of the life of Judge Lockwood, nor of 
 his legal services to the community. But I can say, that during 
 an acquaintance of over twenty years, of which fourteen asso- 
 ciated me with him as a trustee of Illinois College, I have seen 
 in him incorruptible integrity, and wisdom, as a counsellor in all 
 things, with an unwavering devotion to sound principles and the 
 public good in every position he held. His life, in all its 
 relations, public and social, was spotless, and I think he had the 
 entire confidence and warm affection of the whole community 
 in which he lived. His services to the cause, of liberty in the 
 early history of the state deserve a warm recognition ; but those 
 who lived in the state before I came to it, can speak of them 
 more intelligently than I. I am glad that you are preparing 
 a memorial of so eminent a man among the fathers of the state. 
 
 " Yours fraternally, 
 
 "EDWARD BEECHER." 
 
 From Dr. T. M. Post, of St. Louis, we have the following : 
 "I became acquainted with Judge Samuel D. .Lockwood and his 
 family on my first going to Jacksonville, in the spring of 1833, 
 and was for a time domiciled in the same house with them. 
 Judge Lockwood was then in the strength of a noble manhood. 
 He was a man I felt happy and honored to regard as a friend 
 to the close of his life. There was in his character a rare blend- 
 ing of elements, a modesty, gentleness and delicacy well-nigh 
 feminine, and great general kindliness, combined with intrepid 
 firmness of principle, a large practical wisdom, distinguished 
 judicial ability and integrity, and a personal purity and honor 
 as stainless as a star. He was a man of large and generous 
 public spirit and forecast, a friend of schools and churches, of 
 liberal culture, public improvements, benevolent institutions, and 
 civil order and liberty. He was a most important beneficent 
 power in founding and shaping the early history and civilization 
 of Illinois. 
 
12 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 " In all relations, social, civil, and especially in those of the 
 home, I recall him as a man to be honored, admired and loved, 
 and ever to be remembered gratefully by the grand state of 
 which he was among the early founders." 
 
 Hon. Newton Bateman, President of Knox College, gives the 
 following almost filial tribute : " It is a labor of love to record 
 some of my impressions of Judge Lockwood. His name is 
 indelibly associated with the recollections of my youth and early 
 manhood. That name was to me the synonym of integrity and 
 purity. I can not express the reverent love I felt for him. He 
 was one of the few ideal men whom I have known. His influ- 
 ence over me was very great ; how much it has had to do in 
 turning me toward whatever of good I may have done, or tried 
 to do in life, and from the unworthy in aims and plans, can only 
 be known when the factors of character are revealed at the last 
 great day. It will remain a lasting regret that I could not have 
 seen more of him in his later years, and been near him at the 
 sunset of his sweet and beautiful life." 
 
CHAPTER II. 
 
 PARENTAGE AND EARLY LIFE. 
 
 OF Judge Lockwood's parentage and early life, we know 
 but very little, and have no means of filling up the blank 
 spaces. 
 
 His father, Joseph Loekwood, was born December 3, 1764, 
 and was married to Mary Drake, October 9, 1788 ; probably in 
 Poundridge, Westchester county, N. Y., for there their son, 
 Samuel, the subject of our memoir was born, August 2, 1789. 
 Of the father's business at this time, and of the length of the 
 family residence at Poundridge, we have no information. At 
 some time within the following ten years, the family removed 
 to New York City, where the father kept a hotel, having in his 
 household, in addition to those already mentioned, a second son, 
 Jesse Close, born January 7, 1791 ; a daughter, Rebecca Ann, 
 born March 25, 1792 ; and a third son, Cornelius, born November 
 , 1793. Here the father died of yellow fever, October 25, 
 1799, the youngest son dying of the same disease two days 
 previous. Thus the mother was left with three small children 
 and with slender means of support. This trial brought with 
 it a burden of care, which must have greatly affected Samuel's 
 character. By this event his plans for a liberal education were 
 broken up, and he was thrown very much upon his own 
 resources. 
 
 On September 27, 1800, his mother was married to Duncan 
 McCall, and immediately removed with him to Canada, taking 
 with her the youngest child, Rebecca Ann ; but leaving her two 
 sons with relatives in New York state. How Samuel was em- 
 ployed the next three years we do not know, except that he 
 spent a few months at a private school in New Jersey, where, he 
 says of himself, he acquired some knowledge of arithmetic, and 
 enough of Latin to be able to decline a few nouns, and conjugate 
 
 13 
 
14 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 a few verbs. How he studied arithmetic, we know from his 
 own hand, for the lessons were all given orally, and written out 
 by the pupils, and his work is still retained in possession of the 
 family, quite a little volume, remarkable for its neatness and 
 accuracy. 
 
 In August, 1803, he went to live with his mother's brother, 
 Francis Drake, a lawyer, of Waterford, New York, where he 
 remained as law student and errand boy, until February, 1811, 
 when he was licensed to practice law, and opened an office in 
 Batavia, !N. Y. 
 
 Of this uncle, Judge Lock wood always spoke with the greatest 
 esteem and affection. In his house he found a true home, and 
 its Christian influence affected his whole life. And here it may 
 be said of Judge Lockwood, as was said of John Quincy Adams, 
 he never had a boyhood. In early years he met the stern 
 realities of life, which left no time for boyish or manly sports, 
 and as a consequence he had no relish for such things, and very 
 little sympathy with those who had. This, of course, does not 
 refer to home entertainment, for he was pre-eminently a home 
 man, in full sympathy with everything that would increase the 
 happiness of home, and bring enjoyment to the family circle. 
 
 Of Mr. Lockwood's professional life, while in New York, 
 extending over a period of nearly eight years, we have little 
 information, except from his own pen. For the first four years 
 it was a hard struggle with disease and pecuniary embarrass- 
 ment. He was in debt to friends for the necessary means for 
 reaching his new residence, and for support, till he could in 
 some way help himself. Though in a new country, he found 
 the legal profession well filled, and in it some men of reputation 
 and experience, able to absorb all the business. 
 
 This period included the war time when everything was 
 depressed to the lowest point. Judge Lockwood, naturally 
 diffident and retiring, feeble in physical constitution, with a 
 tendency to self -depreciation, and far separated from all family 
 friends, must have passed through trials of which few have any 
 conception ; and his final success is an evidence of that sterling 
 worth of character, which in after life was universally ascribed 
 to him. 
 
PAEENTAGE AND EARLY LIFE. 15 
 
 We gain some insight into this part of his life from some 
 letters written to his parents and sister. It will be remem- 
 bered that his mother, after her second marriage, had moved to 
 Canada, taking with her her only daughter. At the time of 
 writing these letters, he had been entirely shut away from these 
 friends by the disturbances of the war, for over three years, and 
 the only way of communication with them was through private 
 parties. Two of these letters are here given in full, as revealing 
 his own feelings, and presenting a picture of those troublesome 
 times. 
 
 AUBURN, E". Y., May, 1815. 
 MY DEAR FATHER AND MOTHER : 
 
 It is with feelings of satisfaction never before experienced by 
 me, that I acknowledge the receipt of your letter by Capt. Met- 
 calf. Friends of the dearest and nearest kin, whom I had feared 
 were swallowed up by the dreadful convulsions that have 
 recently agitated our respective countries, have at once been 
 restored to me after tedious years of suspense and anxiety for 
 their safety. Such unexpected blessings call for my most ardent 
 gratitude to Providence for His kind and beneficent protection 
 extended towards them, and I think you will sincerely join with 
 me in expressions of gratitude to Him who has saved you and 
 your, family from the sufferings attendant upon the late conflict. 
 
 The information your letter contains of your prosperous cir- 
 cumstances gives the highest satisfaction, as I greatly feared you 
 had shared the fate of thousands in the late war by being 
 despoiled of your all. 
 
 The information you desire respecting myself, I shall attempt 
 to give you, although I am but a poor hand to write about my- 
 self. When I saw you last, I informed you of my intention of 
 opening an office at Batavia. This I carried into effect in the 
 fall after, and had a tolerable prospect of doing well had I staid ; 
 but the season happened to be extremely sickly, and numbers 
 died in the village with fevers, which impressed me with a belief 
 the place was extremely unfavorable to health. This, together 
 with the circumstance that I was greatly troubled with sores and 
 boils, which the physician informed me was owing to the bad- 
 ness of the water, and that it was not probable I could be cured 
 
16 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 without going to some of the springs, I determined to leave 
 there, and removed to Sempronius, in this county, in January, 
 1812. The complaint I contracted at Batavia, I did not get rid 
 of until about a year after, and I am satisfied, had I staid there, 
 I should never have recovered. 
 
 I remained in Sempronius a year and eight months. In the 
 time I did but very little business, owing in some measure to my 
 being but little acquainted in the county, and the place affording 
 but little to do. I was, however, while there, appointed to 
 office of Justice of the Peace, and Master in Chancery, which 
 with my business enabled me to support myself decently, but 
 did not enable me to pay the debts I had contracted before I 
 got into business. These offices I was turned out of this spring, 
 in consequence of a change of the council of appointment from 
 federal to democratic. 
 
 In November, 1813, I moved to this village, and my business 
 has been on the increase ever since. I am in partnership with a 
 young man of the name of Throop, and I think our office bids fair 
 to be as reputable, and do as much business as any in the county. 
 But I do not flatter myself that I shall ever become rich, or even 
 possessed of property to any extent ; but shall be satisfied with 
 such a share of business as will creditably support me through life. 
 
 You request information relative to the share taken by our 
 friends in the late war. As to Jesse and myself, we have been 
 inactive spectators. Uncle Samuel (Drake) was called out in the 
 fall of 1812 to Sackett's Harbor and was on duty for three 
 months. He commanded a company of artillery, but was in no 
 action. Uncle Elijah (Drake) was out three months in the fall 
 of 1813 on the Niagara River. He was first lieutenant in an 
 artillery company. He was once up near Burlington Heights. 
 I believe he was in no engagement, but was out at the time of 
 the burning of Newark, but had nothing to do with that dis 
 graceful affair. Uncle Jasper has had three of his sons out for 
 three months each, as privates in the militia. None of the rest 
 of our friends have been in the service. 
 
 Our friends in this country were in usual health when I heard 
 from them last, and will be much pleased when they hear of 
 your safety and welfare. 
 
PARENTAGE AND EARLY LIFE. IT 
 
 Rebecca Ann writes me that she and her husband contemplate 
 making a visit this winter, and that she expects you will accom- 
 pany them. I am very anxious that you should come out, as it is 
 very inconvenient for me to pay you a visit this year. I should 
 like to know your conclusions, for if you can not come out, my 
 desire to see you is so great that I shall endeavor to prevail on 
 some of our friends to go out with me next winter, but I greatly 
 prefer your making us a visit first. 
 
 I am very solicitous to learn what progress Duncan (his half- 
 brother) has made, and if you have schools in your neighborhood 
 which he can attend. I wish you to impress it on him that I 
 shall be very much disappointed if he does not make the best 
 use of his time when he has an opportunity to go to school. 
 * * # * 
 
 Under the same date he writes as follows to his sister, who had 
 been married several years before, at the early age of seventeen, 
 to Col. Jacob Potts, a very worthy gentleman : 
 
 AUBITRN, IS". Y., May, 1815. 
 DEAR SISTER REBECCA : 
 
 The receipt of your affectionate letter has filled my mind with 
 emotions of the tenderest kind. The regard of a brother for an 
 only sister, whose very existence had almost been buried for a 
 number of years, has recalled to my mind all those social and 
 affectionate feelings which a brother is capable of entertaining 
 towards so near a relative. 
 
 The time which has elapsed since I last saw you has been a 
 very painful one to me. I have continually been agitated with 
 doubts and fears respecting your situation, and I had almost 
 despaired of ever hearing from you again ; but a merciful Provi- 
 dence has otherwise ordered, for which I feel in the highest 
 degree grateful to Him who disposeth everything according to 
 His will. 
 
 It gives me great pleasure to learn from your letter, as well as 
 from father's, that notwithstanding all the evils the country 
 around you has sustained by the late unhappy war, that these 
 have not reached you, and that your husband's circumstances 
 have continued prosperous, and I join you most heartily in your 
 wish that the peace lately concluded may prove a lasting one. 
 
18 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 The situation in life in which you are placed, is in every 
 respect a very desirable one, and much better than that of either 
 of your brothers. You are blessed with a good husband, and I 
 hope, fine children, and every necessary that can add to the real 
 enjoyment of life. We, on the contrary, are in some measure 
 unsettled in life, exposed on the great ocean of time to storms 
 and tempests, without having any fixed and certain home. Thus 
 situated on your part, I think you can not fail of being happy 
 yourself, and of making those about you happy, and in order to 
 do this, I hardly need tell you how necessary it is for you to con- 
 sult in everything the happiness of your husband this is the 
 mainspring that ought to guide all your actions and in so doing 
 you consult that of yourself and your children. 
 * * *> * 
 
 The uncle, Samuel Drake, mentioned in these letters, was a 
 physician of considerable eminence in Troy, 1ST. Y., a man of 
 much general intelligence and a true friend to his nephew, who 
 regarded him with almost filial affection. This uncle did much 
 for his nephew in way of advice and encouragement, and seems 
 to have understood and appreciated his character, as will be 
 seen by the following extract from a letter written June 18, 
 1816, in reply to one in which Mr. Lock wood had made some 
 disparaging remarks of himself. 
 
 " As to yourself, I have but one remark to make ; and that is, 
 the man of real merit is always the last to suspect his own excel- 
 lence. If this be true, as I believe it is, I hope one day you will 
 be able to give yourself a better character than the one you have 
 drawn. 
 
 " Your friends, one and all, are of the opinion that you only: 
 want confidence to enable you to become eminent ; this you will 
 no doubt attain by practice. The want of it in a lawyer is 
 unpardonable" 
 
 From the foregoing letters we learn that Mr. Lockwood 
 remained in Batavia about a year, then removed to Sempronius, 
 where he remained some twenty months, then removed to 
 Auburn, where, on February 9, 1815, he entered into partner- 
 ship with Geo. B. Throop, Esq., which partnership continued 
 with most pleasant relations till August 18, 1818, when it was 
 
PARENTAGE AND EARLY LIFE. 19 
 
 terminated on account of Mr. Lockwood's determination to 
 remove to another state. Mr. Throop was a brother of Enos T. 
 Throop, a man of considerable influence, at that time a member 
 of congress, and some years later governor of the state. The 
 business of the co-partnership thus formed increased rapidly, 
 and Mr. Lockwood soon gained a position which in a few years 
 would have made him eminent in his own state. He paid up 
 his old indebtedness, gave his younger brother a start in business, 
 and had the necessary means ^at hand for engaging in a new 
 enterprise. 
 
 Why he left this promising position we learn from his own 
 pen. " My close attention to business produced a severe attack 
 of dyspepsia, and I was advised by my physician that I must 
 quit my profession, and engage in some out-door employment, or 
 die. This was a severe blow to me, as I did not feel able to 
 engage in any other business. Soon after, I met a gentleman 
 from St. Louis, who gave a very favorable account of Illinois, 
 and its future prospects, and stated that the practice of law there 
 was mainly done on horseback. This met my case exactly, and 
 I sold out my business on favorable terms, and in October, 1818, 
 I started for Illinois." 
 
 The following commissions granted Mr. Lockwood while a 
 resident of New York are interesting from their quaintness, as 
 well as forming a part of his biography. 
 
 Hezekiah Ketchum, Esquire, Lieut. Colonel Com- 
 mandant of the Regiment of Militia, in the town of 
 [SEAL.] Half Moon, in the County of Saratoga and State of 
 New York 
 
 To Samuel D. Lockwood, GREETING: 
 
 By virtue of the powers and authority vested in me, I do by 
 these presents, reposing especial Trust and Confidence in your 
 .attachment to this State, and the United States, Courage and 
 good conduct, constitute and appoint you, the said Samuel D. 
 Lockwood, Serjeant Major in the said Kegiment. You are 
 therefore carefully and diligently to discharge the duty of a 
 Serjeant Major, commanding the said Kegiment to obey you 
 as such, and yourself to observe such orders and instructions, 
 as you shall from time to time receive from me, or other your 
 
20 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 superior Officers, according to the Rules and Discipline of War,, 
 pursuant to the Trust reposed in you ; for which this shall be 
 your sufficient warrant. 
 
 Given under my hand and seal this twenty-second day of 
 June, 1808. 
 
 H. KETCHUM, Lieut. Col. Commandant. 
 
 At the time of this appointment Mr. Lockwood was only 
 nineteen yea'rs of age. 
 
 THE PEOPLE of the State of New York, by the 
 Grace of God, Free and Independent : 
 
 To Samuel D. Lockwood GREETING : 
 
 We, reposing especial trust and confidence, as well in your 
 Patriotism, Conduct and Loyalty, as in your Integrity, and 
 readiness to do us good and faithful service, Have appointed 
 and constituted, and by these Presents Do appoint and con- 
 stitute you, the said Samuel D. Lockwood, Pay Master of the 
 regiment of Militia in the County of Saratoga, whereof Heze- 
 kiah Ketchum, Esq., is Lieutenant Colonel Commandant. 
 
 You are therefore to take the said Regiment into your care, 
 as Pay Master thereof, and the Officers and Soldiers of that 
 Regiment are hereby commanded to obey and respect you as 
 their Pay Master, and you are also to observe and follow such 
 Orders and Directions, as you shall, from time to time, receive 
 from our General and Commander in Chief of the Militia, 
 of our said State, or any other, your superior Officer, accord- 
 ing to the Rules and Discipline of War, in pursuance of the 
 trust reposed in you ; and for so doing, this shall be your 
 commission, for and during our good pleasure, to be signified 
 by our Council of Appointment. 
 
 IN TESTIMONY WHEREOF, We have caused our seal 
 [SEAL.] for Military Commissions to be hereunto affixed : 
 
 WITNESS our trusty and well beloved DANIEL D, 
 TOMPKINS, Esquire, Governor of our said State, Gen- 
 eral and Commander in Chief of all the Militia, and 
 Admiral of the Navy of the same, by and with the 
 Advice and Consent of our said Couucil of Appoint- 
 ment, at our City of Albany, the llth day of Febru- 
 ary in the year of our Lord One Thousand Eight 
 

 JflH 
 
 *-<-' 
 
 -s-p 
 ? is if 
 
PARENTAGE AND EARLY LIFE. 21 
 
 Hundred and eleven, and in the Thirty-fifth Year of 
 our Independence. 
 
 Passed the Secretary's Office the 21st day of May, 1811. 
 ANTHONY LAMB, Dep. Secretary. 
 
 DANIEL D. TOMPKINS. 
 
 In preparing to come to Illinois, Mr. Lockwood secured a 
 large number of letters, of introduction and recommendation, 
 addressed to prominent individuals in various places in the 
 Northwest. Many of these were never used, and copies of some 
 of them are here given, as indicating the reputation he had 
 established, and the high esteem in which he was held by his 
 associates. 
 
 AUBURN, New York, Oct. 14, 1818. 
 SIR: 
 
 We, the undersigned, members of the Court and Bar of the 
 County of Cayuga, having been informed that you are about to 
 remove from this County and to establish your residence in the 
 Territory of Illinois, avail ourselves of the occasion to express to 
 you the high sense we have constantly entertained of your learn- 
 ing, integrity and talents ; and to assure you that wherever you 
 may go, you will be followed by our grateful remembrance, and 
 our ardent prayers for your health, prosperity and happiness. 
 
 To SAMUEL D. LOCKWOOD, Esq. 
 
 Signed by E, T. Throop, Gershom Powers, and twenty-one 
 others of the Cayuga court and bar. 
 
 AUBURN, State of New York, Oct. 19, 1818. 
 DEAR SIR : 
 
 I beg leave to introduce to your acquaintance my much 
 esteemed friend, Samuel D. Lockwood, Esq., a highly respect- 
 able member of the bar in this state. He is on his way to Illi- 
 nois, where he intends to establish his residence. 
 
 Any information, or advice, which you may please to give 
 him, in relation to that territory, will be grateful to him. I take 
 pleasure in making Mr. Lockwood known to you. 
 Most cordially your friend, 
 
 JOHN "W. HULBERT. 
 To Gen. WM. H. HARRISON, Cincinnati. 
 
22 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 AUBURN, CAYUGA Co., K Y., October 19, 1818. 
 DEAR SIR : 
 
 Presuming on our short acquaintance during the first 
 session of the 14th Congress, I take the liberty of recom- 
 mending to your particular notice and acquaintance my friend, 
 Samuel D. Lock wood, Esquire, the bearer of this. 
 
 Mr. Lockwood is about to remove to your state, with a view 
 of settling there ; and if virtue, talents, learning and assiduous 
 application to business, command distinction and prosperity, I 
 am sure he has a right to claim them. 
 
 He has been a resident for many years in this village, during 
 which period he has established the character of a profound and 
 able lawyer, and an honest and honorable man. 
 
 I avail myself of this occasion to assure you of my profound 
 respect and regard. E. T. THROOP. 
 
 HON. BENJAMIN STEVENSON. 
 
 Mr.-Throop at this time was a member of Congress, and some 
 years after was governor of New York. He lived to an ad- 
 vanced age, and nearly fifty-six years after the date of the 
 above letter, the writer of this sketch sent him a copy of it, with 
 an obituary notice of Judge Lockwood, showing how fully his 
 friendly recommendation had been substantiated by over fifty 
 years of faithful service, and was much gratified by the receipt 
 of the following reply : 
 
 WILLOWBROOK, AUBURN P. O., N. Y., June 5, 1874. 
 MY DEAR SIR : 
 
 The kindness of your act in sending me a notice of the death 
 of my esteemed friend, Judge Lockwood, with the document 
 accompanying it, has been truly appreciated, although so long 
 unacknowledged. You will find sufficient reason, I trust, in 
 recollecting the infirmities usually accompanying exceeding old 
 age and in my case, accompanied by want of eyesight, so that 
 I shall be obliged to use an additional pair of spectacles to read 
 what I have written. 
 
 To lose a friend like Judge Lockwood is painful, but it is 
 inevitable; yet it is a pleasant thing to know that he lived 
 always in the respect of those who knew him intimately, and 
 
PARENTAGE AND EARLY LIFE. 23 
 
 that he discharged all the various duties of the various public 
 offices which the partiality of the public imposed upon him. 
 
 To me it is truly flattering and grateful to know this, and 
 that he retained to the last a loving memory of his friendship 
 for me. The good deeds of men live after them. 
 
 Please present my condolence to all his relatives in your 
 region, and believe me Your grateful friend, 
 
 E. T. THROOP. 
 
CHAPTEE III. 
 
 REMOVAL TO ILLINOIS FLATBOAT TRIP DOWN THE ALLEGHENY AND 
 
 OHIO RIVERS. 
 
 IK the summer and fall of 1818 newspapers of the country 
 were filled with glowing accounts of the Great Northwest, 
 with prophecies of its rapid advancement, and exciting repre- 
 sentations of its wonderful resources soon to be developed. 
 Attention was especially directed to Illinois, by the discussion in 
 Congress relating to its admission as a State into the Union. 
 Several of Mr. Lockwood's young friends, knowing of his in- 
 tended removal, joined with him in a plan of making the 
 journey on a natboat down the Allegheny and Ohio rivers. 
 Accordingly a party of ten, whose names will appear hereafter, 
 was formed, With the agreement to join in the purchase of a flat- 
 boat and necessary supplies for the trip. Each one might take 
 such private property for use or trade, as he desired. This 
 party met at Olean Point, as it was then called, the latter part 
 of October, and there purchased a boat, procured the necessary 
 supplies, and without chart or pilot, or any experience in that or 
 any other line of navigation, started on their trip. It was a 
 grand enterprise, in which any young man of energy and spirit 
 would have been glad to participate. 
 
 The voyage was made without any incidents worthy of record. 
 The weather was fine, the river in good stage of water; the 
 party was made up of young men from the best families, some 
 of them well educated, and with good standing in various pro- 
 fessions and lines, of business. The feeblest one in the party was 
 assigned to the cooking department, supposing there the work 
 would be lightest, but within a week this was found to be the 
 hardest position on the boat. The " feeblest " man was glad to 
 resign and take his place at the oars. The oars were used not as 
 a propelling but steering power, and had to be kept ready for 
 
REMOVAL TO ILLINOIS. 25 
 
 immediate use to prevent running ashore, or striking some island 
 or other obstruction in the river. 
 
 At Pittsburg Mr. Lockwood procured a book for the use of 
 the party, bearing the accompanying title page. [See page 26.] 
 
 This book must have been very interesting, as well as helpful 
 to the party, with its full description of the river and directions 
 to the navigator, with glowing accounts of the country in general, 
 and of the thriving villages and cities soon to be. To the 
 reader of the present day, it is both interesting and amusing, 
 with its rough wood-cut of different sections of the river, looking 
 like pieces of a great serpent, with a map of Pittsburg for its 
 head, and its descriptions of places and things as they were 
 seventy years ago. The only thing in it for us now is the 
 following entry on the fly-leaf, the heading in the handwriting 
 of Mr. Lockwood, and the rest in that of William H. Brown : 
 
 SHIP ILLINOIS. 
 
 CAPTAIN LITTLE, Master. 
 
 Descended the Ohio in the months of November and Decem- 
 ber. Cargo : Live stock principally. Consigned to State and 
 Territory of Illinois and Missouri. Sales indifferent, and pros- 
 pects bad. 
 
 Samuel D. Lockwood and William B. Rochester, supercargoes ; 
 James Morrison, first mate ; Thomas Rochester, second mate ; 
 Doctor Wood worth, surgeon. 
 
 DAVID E. CUYLEK, -^ 
 
 DANIEL CURTIS, 
 
 r n -D r teamen. 
 
 JOHN C. ROCHESTER, 
 
 WILLIAM H. BROWN, J 
 
 This ship Illinois, in the persons of two of its crew, Samuel 
 D. Lockwood and William H. Brown, brought to our state as 
 valuable a cargo as ever entered any of her ports. 
 
 The party reached Shawneetown about the 20th of December, 
 without accident, except, an occasional wetting in getting their 
 boat off sand bars or clear of snags, and all in excellent health 
 and spirits. 
 
 On their way down the Ohio, they passed a steamboat, the 
 first any of the party had ever seen. They had looked for this 
 
THE 
 
 NAVIGATOR, 
 
 CONTAINING 
 DIRECTIONS FOR NAVIGATING THE 
 
 MONOSTGAHELA, ALLEGHENY, 
 OHIO, A1STD MISSISSIPPI RIVERS; 
 
 WITH AN AMPLE ACCOUNT 
 
 OF THESE MUCH ADMIEED WATERS, 
 
 FROM THE HEAD OF THE FORMER 
 
 TO THE MOUTH OF THE LATTER; 
 
 AND A CONCISE 
 
 DESCRIPTION OF THEIR TOWNS, VILLAGES, 
 
 HARBORS, SETTLEMENTS, &c. 
 WITH MAPS OF THE OHIO AND MISSISSIPPI. 
 
 TO WHICH IS ADDED 
 
 AIST APPENDIX, 
 
 CONTAINING 
 
 AN ACCOUNT OF LOUISIANA 
 
 AND OF 
 
 THE MISSOURI AND COLUMBIA RIVERS, 
 
 AS DISCOVERED BY THE VOYAGE UNDER 
 CAPTS. LEWIS AND CLARK. 
 
 TENTH EDITION. 
 
 PITTSBURGH, 
 
 PRINTED AND PUBLISHED BY CRAMER & SPEAR, 
 
 FRANKLIN HEAD, WOOD STREET. 
 
 1818. 
 
REMOVAL TO ILLINOIS. 27 
 
 with a great deal of interest. Alas! how disappointing the 
 longed-for sight ; an immovable hulk, the machinery still, fires 
 extinguished, hard aground on a sand bar, waiting for some 
 moving in the waters to recover it from its im potency. The flat- 
 boatman's occupation was not yet gone. 
 
 The following incident the writer has learned from many con- 
 versations between Judge Lockwood and Mr. Brown, where the 
 story was told with a good deal of mirtn on the part of one and 
 not a little indignation manifested by the other. 
 
 On leaving Auburn, the party changed most of their funds, at 
 the suggestion of a bank president there, into new bills of his 
 bank, just from the engraver. At Olean Point, payments for 
 the flatboat and other purchases were made in these bills. When 
 everything was ready for the trip down the river, the party spent 
 the night in their cabin, expecting to start early the next morn- 
 ing; but their slumbers were disturbed by the arrival of the 
 sheriff with a posse, who arrested the whole company as a band 
 of counterfeiters. The storm of indignation that arose can be 
 imagined, but not described. The young lawyers had a chance 
 to show T their oratory, but the sheriff must perform his duty. 
 The whole party was marched off to the justice's office. A 
 brief explanation opened the eyes of the justice, and the par- 
 ties were discharged without trial, but the indignation did not 
 subside. Olean Point never had any friends aboard the " ship 
 Illinois." 
 
 The most amusing part of the story is the way in which it 
 became public. The members of the party agreed among them- 
 selves never to mention the affair to others, and as there were 
 few newspapers in those days, with correspondents greedy for 
 local items, the whole matter was for several years kept quiet ; 
 but some seven or eight years after, when Judge Lockwood was 
 holding court in Edwards county, a man was brought up for 
 trial, who, to the surprise of his counsel and against their advice, 
 insisted upon a change of venue on the ground that the judge 
 was prejudiced against him. When assured by the counsel that 
 this could not be, and pressed for the reason for his feeling in the 
 case, he told the story of the arrest of the counterfeiters ; that 
 he was the sheriff that made the arrest, and was afraid the judge 
 
28 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 would recognize him. The story was too good a joke to be kept 
 quiet, and the secret was out. 
 
 Soon after reaching Shawneetown the flatboat party was 
 broken up, and the comrades of the voyage were separated, never 
 to come together again. Lockwood and Brown, who had been 
 warm and intimate friends in Auburn, determined to keep 
 together and to make Illinois their home. Of the others, very 
 little is known to the writer ; William B. Rochester returned to 
 New York and became a prominent citizen, as a member of Con- 
 gress and a candidate for governor, losing the election by only 
 a few votes. 
 
 Lockwood and. Brown made the trip from Shawneetown to 
 Kaskaskia, the state capital, a distance of 120 miles, on foot, 
 expecting" to reach their destination on Christmas, but, wholly 
 unaccustomed to that mode of traveling, the progress was slower 
 than calculated, and they did not enter the village of log cabins 
 until the 26th of December. 
 
 On Christmas day, Lockwood and Brown were ^passed by two 
 young men, in some sort of a vehicle, bound, like themselves, for 
 Kaskaskia, and coming to stay. These young men were Thomas 
 Mather and Sidney Breese, men afterwards prominent in the 
 history of our state, and in this wayside chat these four young 
 men, all from New York, commenced an acquaintance which 
 lasted through life. 
 
CHAPTEE IY. 
 
 ILLINOIS TERRITORY. 
 
 IK January, 1809, Congress passed an act dividing the 
 Indiana Territory, and giving to Illinois a distinct and 
 independent political existence. It was a magnificent domain, 
 with territorial boundaries including the present states of Illinois 
 and Wisconsin ; and ever since the days of Marquette and Joliet, 
 a wonderland, with its limitless water courses, its vast plains, 
 rich, fertile and beautiful, beyond description ; its inexhaustible 
 stores of coal, iron and lead, and fabulous surmisings as to pre- 
 cious metals. 
 
 What is to be the history of this new territory, so blessed of 
 God in all natural resources ? What is its influence to be in the 
 councils of the nation ? in the history of the country ? Shall 
 this new territory be barbarian, or civilized ? Catholic or Pro- 
 testant ? Cursed with slavery, or blessed with freedom ? These 
 are the unsolved questions of the day, but questions that demand 
 a speedy answer. These vast issues are trembling in the balance. 
 Slight influences, a few men, even a single man, may turn the 
 scale. The outlook is not promising. There is nothing in the 
 established institutions, and very little in the character of the 
 people to inspire hope. Hardly a Protestant church, or mission 
 station ; scarcely a schoolhouse, or Christian teacher to be found 
 in the land. More than 30,000 Indians still hold undisputed pos- 
 session of nine-tenths of this territory Indians wronged, revenge- 
 ful, savage. One more added wrong may combine these roving 
 tribes under some efficient leader, threatening the extermination 
 of the white settlers. Of the 10,000 population enumerated in 
 the census, one-fifth are the old French settlers, with their 
 dependents and negro slaves, unambitious, pleasure-loving, good- 
 natured, but intensely Catholic, with no sympathy with our 
 republican and Protestant institutions. These, concentrated and 
 
30 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 united, exert a controlling influence. The remainder of the 
 population is made up of everything, the soldier element largely 
 prevailing, old rangers familiar with Indian warfare. Quite a 
 number who had come, under Col. George Roger Clark, in the 
 old Virginia expedition, to capture Illinois, charmed by the 
 beauty and richness of the country, determined to make it their 
 home. At Shawneetown, and less important points on the rivers, 
 were collections of flatboatmen engaged in river traffic, rough, 
 profane and godless. Sprinkled in among all these were a few 
 of a better class, but all adventurers, fortune seekers, honest and 
 enterprising in many cases, but with no higher ends or motives 
 in life. Yery few names have come down to us from that early 
 period worthy of consideration. 
 
 Pierre Menard, as leader of the French settlers, was perhaps 
 the most influential. A good man he is called, but a Catholic, a 
 slaveholder, and an earnest advocate of slavery. 
 
 William Morrison, who came from Philadelphia to Kaskaskia 
 in 1790, was the merchant prince of the northern Mississippi 
 valley, and with a partner resident in Philadelphia, and branch 
 houses in Pittsburgh and New Orleans, he built up a trade, and 
 established commercial relations hardly surpassed in these days 
 of vast enterprises. He brought into this new country, in his 
 own person and family, an element of civilization, culture and 
 refinement, for those rough times ; and his success in business 
 brought around him, in later years, quite a colony of relatives 
 and friends from the old Quaker state ; but he became a Catholic 
 and died in full sympathy with that church, and Ins example was 
 followed by not a few of his associates. This is not strange, for 
 this was the only church organized, and in this way only could 
 the new settlers have their children baptized, or secure a minis- 
 terial marriage service, or a Christian burial. 
 
 Where shall be found the leaven of truth and righteousness, 
 to act in this vast mass of error and corruption ? The Christian 
 church is not yet aroused to any realizing sense of the important 
 work to be done. Missionary societies have not yet been organ- 
 ized, except for immediate home work ; but the danger is immi- 
 nent ; something must be done, and done speedily. In this crisis 
 President Madison, as one of the first acts of life administration, 
 
ILLINOIS TERRITORY. 31 
 
 rendered to the new territory most valuable and important 
 service ; and the state of Illinois, and the whole country, are 
 under lasting obligation to him, for the kind of men he selected 
 to fill the official stations under his appointment. These were 
 not needy partisans to be rewarded for party service, nor restless 
 adventurers seeking employment ; but they were, without excep- 
 tion, men of high character, cultivated manners, and already 
 holding important positions in other localities. In accepting the 
 appointments, they came to the new territory with the intention 
 of making it their home, to give to it their life work, and to 
 secure for it those influences and institutions, which would insure 
 its permanent well-being. The most prominent of these men 
 were Niniaii Edwards, governor ; Nathaniel Pope, secretary of 
 state : Jesse B. Thomas and Stanley Griswold, judges, each of 
 whom is worthy of a much more extended notice than can here 
 be given. 
 
 Governor Edwards was born in Maryland, and was brought up 
 under the best educational and social influences of his native 
 state. Removing in early life to Kentucky, he there entered 
 upon a successful career as a lawyer, and had reached the high 
 eminence of chief justice of the supreme court of that state, 
 when he received his appointment to the new territory. He 
 retained this position of governor till Illinois was admitted as a 
 state, when he was chosen United States senator. In his official 
 capacity as governor he secured the enactment of wise laws, did 
 much to secure the peace, tranquillity and prosperity of the 
 people, and through all the Indian troubles of that period adopted 
 and carried out such wise and just measures as secured the new 
 settlements from savage raids. He was conciliatory, but firm 
 and energetic in all his movements, and undoubtedly saved 
 southern Illinois from what might have been a second Chicago 
 massacre. 
 
 Secretary Pope, better known as Judge Pope, a native of Ken- 
 tucky, was a lawyer of marked ability, refined and scholarly, 
 with all those traits of character which would make him a power 
 for good in his new home. In 1816 he was chosen territorial 
 delegate to Congress, and in that capacity secured the passage of 
 a measure which must be regarded as the most important legis- 
 
32 LIFE AND TIMES OF HOK. SAMUEL D. LOCKWOOD. 
 
 lative act relating to our state ; and the credit of it is due to him 
 alone. This was an amendment to the act admitting Illinois as 
 a state, which changed the northern boundary from a line run- 
 ning due west from the southern extremity of Lake Michigan to 
 latitude 42 30', giving to the new state a strip of land about 
 fifty miles wide. It would take a long chapter to give Judge 
 Pope's reasons for this amendment, and a still longer one to 
 show its influence on the history of the state and nation. 
 
 Judge Thomas was delegate to Congress from Indiana Ter- 
 ritory at the time of its division, and the principal agent in 
 securing that division. He was a lawyer of marked ability, 
 and a gentleman of high standing, morally and socially, but 
 he had already made himself prominent as an advocate of 
 slavery, and in the subsequent history of Illinois was a leader 
 on the pro-slavery side. He was president of the convention 
 which formed our state constitution, and was elected the first 
 United States senator. 
 
 Judge Griswold was from New England, the only repre- 
 sentative from that section ; but he brought with him his Puri- 
 tan habits. As Governor Reynold says of him, "He was a 
 correct, honest man ; a good lawyer ; paid his debts, and sung 
 David's Psalms." 
 
 These men did not come alone. They brought with them 
 their families. Those from the south brought with them their 
 domestic servants. They were followed also by many of their 
 relatives and acquaintances, and their homes became centres of 
 hospitality, refinement and Christian influence. When, a few 
 years later, Samuel J. Mills came to the territory, as the 
 pioneer home missionary and Bible agent, from Connecticut, he 
 found at the home of Judge Griswold in Shawneetown a hearty 
 welcome, and a little band of sympathetic workers ; and at Kas- 
 kaskia a like welcome from Governor Edwards and Judge 
 Pope, whose names head the list in the first Bible society 
 formed, and whose influence quieted all Catholic opposition to 
 this Protestant work. 
 
 One act passed by the Indiana legislature in 180Y and adopted 
 by the new territory, must here be noticed. This was an act, 
 providing for the introduction of negroes and mulattoes into the 
 
ILLINOIS TERKITOBY. 33 
 
 state, by their owners, coming from slave states, containing pro- 
 visions under which these so-called servants could be held in 
 absolute slavery. This was in direct violation of the ordinance 
 of 1787, and was a dark blot on the fair fame of our state, and 
 subsequently resulted in a cruel and oppressive system of servi- 
 tude. The first result was, however, beneficial, as it enabled 
 many families of wealth, culture and refinement, to come to the 
 new territory, w T ho otherwise could not have endured the priva- 
 tions and hardships of a new country. Tn 1.810, the number of 
 such indentured and apprenticed servants was over 600, and in 
 the next ten years increased to 1300. 
 
 We pass over nine years of territorial history, and find great 
 and important changes. The growth has been wonderful. 
 Organized counties have increased from two to fifteen, giving so 
 many centres of population and influence ; the number of settlers 
 has increased fourfold. Some of the pressing questions have 
 been settled. The Indians, greatly diminished in number, broken 
 in spirit, and shut up in well-defined reservations, have ceased 
 to be a terror. The Catholic element has remained about sta- 
 tionary, andi its influence so far diminished that we may say 
 Illinois is safely Protestant. The free states have sent some of 
 their best men to the new territory, and New England ideas and 
 convictions are asserting themselves in various localities. The 
 steamboat has made its trial trip on the western waters, and will 
 revolutionize the commerce of the Mississippi valley. Some 
 issues, however, still hang in the balance. Shall Illinois be a 
 New England or a Texas ? The home of Christian culture and 
 refinement, or of border ruffianism ? By its admission to the 
 Union, shall the domain of freedom or slavery be extended? 
 The influence of a few men may decide the question. And thus 
 Illinois enters upon its history as a free and independent state. 
 
CHAPTEK Y. 
 
 LIFE IN ILLINOIS FEOM JANUARY, 1819, TO JANUARY,1825. 
 
 AS we have seen, Lockwood and Brown entered Kaskaskia 
 December 26, 1818, entire strangers to the country, and 
 without an acquaintance in the state ; but they were just the 
 kind of men that were needed at that time, and both soon found 
 friends and plenty of work. One of these friends has already 
 been mentioned, and he was in every respect a true friend, and 
 was ever after remembered by Mr. Lockwood with the highest 
 esteem and affection. This was Nathaniel Pope, now just ap- 
 pointed by President Monroe judge of the United States District 
 Court for the new state. He soon after appointed Brown 
 clerk of his court, a most desirable position ; and he seems to 
 have- appreciated Mr. Lockwood at first sight, for after an 
 acquaintance of only a few days, he gave him this letter of 
 recommendation : 
 
 KASKASKIA, January 8, 1819. 
 DEAR SIR : 
 
 Mr. Lockwood, the bearer of this, bore letters to me, intro- 
 ducing him as a gentleman of integrity and talents. I have 
 found him all that his friends represent him to be. 
 
 He contemplates a visit to St. Louis, and I am anxious to 
 make you and him acquainted. I have, therefore, pressed upon 
 him this letter to you. Knowing that you can not fail to be 
 pleased with him, I shall, esteem you my debtor for introducing 
 into your society one so agreeable and intelligent. 
 
 I am, dear sir, with sentiments of the most sincere friendship? 
 
 Your obedient servant, 
 
 NATHANIEL POPE. 
 WILLIAM C. CARR, Esquire, St. Louis, Mo. 
 
 This letter was not used, as Mr. Lockwood's first impressions 
 of St. Louis were not favorable, and the first sight of slavery 
 
LIFE IN ILLINOIS. 35 
 
 made him turn his back upon it. The next two years were spent 
 in the ordinary legal practice peculiar to a new country. A 
 large part of his time was taken up in arranging cases and 
 preparing legal documents for other attorneys, who greatly 
 needed help in this direction. He remained in Kaskaskia only 
 a year, when, as he states it, " finding practicing law on horse- 
 back was no joke, and influenced by the advice of friends, who 
 represented the Wabash country as affording a better position 
 for practice, with better prospect of success, I removed to Carmi, 
 where I resided another year." 
 
 At the second session of the Illinois legislature, January, 1821, 
 which was held at Yandalia, the new seat of government, then 
 a perfect wilderness, Gen. White, senator from White county, 
 really without Mr. Lockwood's consent, presented his name to 
 the legislature as a candidate for the position of attorney-general, 
 and after twenty-one ballotings, and a part of two days spent in 
 the contest, he was elected to that office. The principal opposing 
 candidates in this contest were James Turney, Theophilus W. 
 Smith and Henry S. Dodge, all well known in the subsequent 
 history of the state. The greatest number of votes cast was 
 forty-two, and the friends of the different parties, being about 
 equally divided, made a hard fight. 
 
 This election to office rendered another change of residence 
 necessary, and Mr. Lockwood re-crossed the state and located at 
 Edwardsville, in 1821. 
 
 While in Carmi, Mr. Lockwood formed an acquaintance with 
 William Wilson, afterwards chief justice, and with whom he was 
 associated on the bench for twenty-four years. Between them 
 there always existed a strong friendship. In January, 1821, 
 Mr. Lockwood, in company with Judge Wilson and Henry 
 Eddy, made a horseback trip from Carmi to Yandalia, an inci- 
 dent of which is thus reported, in " Flower's History of the 
 English Settlement in Edwards County," as showing some 
 features of the country at that time. 
 
 " In journeying alone, or in company, great risks were run 
 from floods, loss of way, and sudden change of temperature, 
 especially in the winter season. Judge Wilson, Mr. S. D. Lock- 
 wood, and Mr. Henry Eddy, of Shawneetown, undertook to 
 
36 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 reach Yandalia from one of the counties on the Wabash, a little 
 north of us. The distance by section lines was about sixty miles, 
 across the country, through prairie and timber, without road or 
 track of any kind no kind of habitation, not even the humblest 
 cabin, in the way. Wilson took the lead, as the best woodsman. 
 They continued to ride the whole of a fine winter's day, without 
 seeing a man or his abode. Towards evening, the weather 
 changed ; it became very cold, with the wind blowing in their 
 faces a heavy fall of snow. 
 
 " In this predicament, without food or fire, there was but one 
 alternative when night came on. Each man seated himself on 
 his saddle, placed on the ground, with the saddle-blanket over 
 his head and shoulders, holding by the bridles their naked and 
 shivering horses. It continued to snow for hours. For a long 
 time they sat in this condition, thinking they should all freeze 
 to death before morning. 
 
 " They afterward' tied their horses, and spread a blanket on the 
 ground near a fallen tree^ and then squatted down close together 
 Lockwood in the middle and thus they spent the long and 
 dismal night. 
 
 "'In the morning they proceeded as they best could, and 
 before noon reached the east bank of the Kaskaskia river, then 
 booming full, at flood water. They all had to swim their horses 
 across, Wilson again taking the lead. Dripping wet, all three 
 rode into Yandalia, in the midst of the frost and snow of mid- 
 winter. Lockwood, a confirmed invalid of some chronic disease, 
 resigned himself to certain death. Extraordinary to relate, the 
 disease from that time left him, and he lived to be a sound 
 and healthy man." 
 
 The election of Mr. Lockwood to the office of attorney-general 
 would seem now to be a very insignificant matter, but it was not 
 so, in fact, and was not so regarded at the time. There were 
 then no organized political parties, but the great question of 
 slavery was the controlling influence in every election. A large 
 majority of the voters was from the Southern States, or like the 
 old French settlers, in full sympathy with them, and every state 
 officer, up to this election of Mr. Lockwood, was, either from 
 principle or policy, pro-slavery by open avowal or example. 
 
LIFE IN ILLINOIS. 37 
 
 This will be more fully considered in a chapter on the slavery 
 -conflict in Illinois. 
 
 One incident in Mr. Lockwood's life as attorney-general, is 
 worthy of special notice and remembrance. Gov. Ford thus 
 refers to it in his History of Illinois : u In 1820 was fought the 
 first and last duel of Illinois. One of the parties fell mortally 
 wounded ; the other was tried and convicted of murder, and 
 suffered the extreme penalty of the law by hanging. Mr. Lock- 
 wood was then the attorney of the state, and prosecuted in the 
 case. To his talents and success as a prosecutor, the people are 
 indebted for this early precedent and example, which did more 
 than is generally known to prevent the barbarous practice of 
 dueling from being introduced into the state." 
 
 In the election of 1822, Edward Coles, a very strong anti 
 slavery man, was, very unexpectedly to all, elected governor of 
 the state. This was brought about by a strange division of the 
 opposition, which related simply to the governor, so that all the 
 other state officers elected were in sympathy with slavery, and 
 Gov. Coles knew there would be controversy between him and 
 other state officers all through his administration. He could, 
 however, under the Constitution, as it then was, appoint the 
 Secretary of State, and he selected Mr. Lockwood, knowing him 
 to be well fitted for the place, and one upon whom he could 
 rely in the g'vat conflict, which every one felt was soon coming 
 on. Mr. Lockwood held this office but a short time, for reasons 
 thus given by himself : " Before removing to Yandalia, where 
 my duties of Secretary of State would require me to reside, I 
 very unexpectedly received, from President Monroe, a com- 
 mission, appointing me Receiver of public moneys, at the land 
 office of Edwardsville. The salary of Secretary was payable in 
 depreciated paper money, the salary of Receiver was payable in 
 specie, and a per cent, on receipts. Specie, instead of depreciated 
 paper, decided the question, and I accepted the office of Receiver 
 at Edwardsville." 
 
 The full force of this reason will appear, when we remember 
 that the salary was small in itself, and the depreciated currency 
 was worth only thirty cents on the dollar. But one great reason 
 for accepting the office, Mr. Lockwood does not give. He felt 
 
f 
 
 38 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 that the question should Illinois be a slave or free state ? was 
 soon to be decided. 
 
 As things then stood, the probability was largely on the side 
 of slavery. All the sympathies of his soul were on the side of 
 freedom. The position of Receiver in the land office offered 
 him both time and money to be used in the great cause, and he 
 consecrated both to the work. 
 
 The way in which Mr. Lockwood received his commission is 
 interesting. His predecessorhad proved a defaulter, and Presi- 
 dent Monroe sent for Judge Pope, who was then in Washington, 
 and lie gives this account of the interview : 
 
 President Monroe seemed much excited over the defalcation 
 in Illinois, and asked me if the state could furnish an honest 
 man, who could be relied upon not to disgrace his administra- 
 tion. I replied, I did know such a man for whom I could vouch 
 most confidently, but unfortunately he did not belong to our 
 party. To this the President replied, "Devil take the party! I 
 want an honest man." Saving the slight profanity, a good motto 
 for civil service reform 
 
 As the result of this conversation, a commission came to Mr. 
 Lockwood. 
 
 The following letter received by Mr. Lockwood at this time 
 from Daniel P. Cook, our only representative in Congress, shows 
 the friendship existing between the two men, and gives some 
 items of general interest : 
 
 WASHINGTON, D. C., January 31, 1823. 
 DEAR LOCKWOOD : 
 
 1 see you are Secretary of State. You are also appointed 
 Receiver of Public Moneys at Edwardsville. Mr. Pope's recom- 
 mendation of you was so strong and pressing, that when objec- 
 tions were made, the President said he could not think of any 
 appointment that would be so acceptable to him as yours. I 
 need not tell what my own feelings were. I think you will 
 know this without an expression, but I wish you to place the 
 appointment upon Mr. Pope's recommendation. Should you 
 decline the office, do not do so until I can be apprised of it. 
 
 There is great working and intriguing here on the subject of 
 
LIFE IN ILLINOIS. 39 
 
 president making. Adams is evidently the foremost horse at 
 present, and I think is gaining. Your friend, 
 
 D. P. COOK. 
 
 Some idea of the esteem in which Mr. Lockwood was held at 
 the time is presented in the following article, recently fur. 
 nished by the author to the local press : 
 
 The Erie canal was begun in 1817 and finished in 1825, and 
 the great interest felt in that important work was not confined to 
 New York. As the work progressed the Eastern and Western 
 States seemed to realize that they were brought closer together 
 and to appreciate the great value of this new water communica- 
 tion to both sections. During this period a large number of 
 enterprising and influential men emigrated from New York to 
 Illinois, and brought with them a good deal of canal enthusiasm, 
 which very soon developed a plan for connecting the northern 
 lakes and western rivers by a canal from Lake Michigan to the 
 Illinois river. In 1821 the legislature of Illinois appointed canal 
 commissioners, and made an appropriation of $10,000 for surveys 
 and other preliminary work. It was not presumed that these 
 commissioners knew anything about the work entrusted to them, 
 or that there would be any immediate use for the money appro- 
 priated, and nothing more than preliminary work was under- 
 taken until 1836. The following documents and correspondence 
 relating to this matter will interest your readers : 
 
 BOAKD OF CANAL COMMISSIONERS, 
 
 EDWAKDSVILLE, June 10, 1823. 
 
 At a meeting of the board of canal commissioners it was this 
 
 day ordered ih&t Samuel D. Lockwood, Esq., be authorized, as the 
 
 agent of this board, to enter into a contract with an engineer to 
 
 explore and survey the route of the canal to connect the waters 
 
 of Lake Michigan with the" Illinois river, to make estimates of 
 
 the probable expense, with plans and maps thereof, and that this 
 
 board will ratify whatever engagements he may enter into in 
 
 pursuance of this authority. 
 
 I certify that the above is a true extract from the minutes. 
 
 W. H. HOPKINS, Secretary. 
 
 In connection with the above authority, is the following letter 
 of instruction : 
 
40 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 BOARD OF CANAL COMMISSIONERS, 
 EDWARDSVILLE, June 10, 1823. 
 DEAR SIR : 
 
 The Board of Commissioners have appointed you their agent 
 for the purpose of procuring an engineer of character and skill, 
 and entering into a contract with him, to survey and locate the 
 line of the proposed canal to connect the waters of Lake Michi- 
 gan with the Illinois river. You are herewith furnished with a 
 letter on the subject to the Board of Commissioners of the ISTew 
 York canal, who will doubtless afford you every possible infor- 
 mation to enable you to make a judicious selection. You will, 
 also, call on Messrs. Geddy & Wright, to whom the board have 
 written some time since, under the expectation that an arrange- 
 ment might have been made with one of them. They have 
 declined, but offer their friendly aid in prosecuting, generally, 
 the object in contemplation. You will be guided in your selec- 
 tion by the joint information of these gentlemen, recollecting 
 how important it is that the selection should be of a character to 
 ensure the utmost confidence in the talents and practical skill of 
 the person chosen. The great interests of the state involved in 
 the measure, the absolute necessity for the utmost accuracy in 
 the proposed survey, and the consequences which would result 
 to the state and the character of those immediately concerned, 
 should it not be prosecuted with the most peculiar care and 
 circumspection, have doubtless presented themselves to your 
 consideration, and will, we are persuaded, have their influence 
 on your judgment in the choice you shall make, in connection 
 with your own feelings on the subject. It is desirable that the 
 engineer engaged should arrive at Edwardsville, in this state, 
 (the point from which it is \ proposed to set out) as early as the 
 15th of September next, if possible, or certainly by the 25th of 
 the month, as it is the desire and intention of the commission to 
 commence and complete the survey this fall if possible. You 
 will impress on the mind of the gentleman employed the 
 necessity of promptness, and that this season of the year presents 
 the only favorable time for the prosecution of the work. You 
 are authorized to offer for this service to the engineer a sum not 
 -exceeding $10 per day, while actually engaged in the prosecution 
 
LIFE IN ILLINOIS. 4:1 
 
 of the work, and $200 for his expenses in coming here and 
 returning to the place of his residence ; but you will be aware 
 at the same time how important it is that one should be had for 
 a less sum, provided his talents are equal to others. It is not, 
 however, the wish of the board by this suggestion, to hazard 
 in the least the object by pressing this consideration, and rather 
 than be defeated, you may add $100 more, and .it will be under- 
 stood that during the prosecution of the work the subsistence and 
 necessary assistance will be furnished to him free of charge. 
 Believing that your own good sense will, under the advice of the 
 gentlemen with whom you will confer, enable you to make a 
 proper selection, they entrust you with the utmost confidence in 
 the management thereof. 
 
 For your services you w r ill receive a reasonable compensation. 
 You will apprise the board by the earliest opportunity of your 
 prospects in this business, and in the event of concluding an 
 arrangement, forward duplicate letters of advice by mail, and 
 private conveyance, if practicable, one directed to the president 
 of the board at Shawneetown, one to Capt. Alexander, Golconda, 
 Pope county, and one to the other commissioners at Edwards- 
 ville. Yery respectfully your obedient servants, 
 
 THOS. THROOP, President. 
 
 ERASTUS BROWN. 
 
 EMANUEL J. WEST. 
 
 T. W. SMITH. 
 SAMUEL D. LOCKWOOD, Esq., Edwardsville, 111. 
 
 In pursuance of the above instructions, Mr. Lockwood for- 
 warded a letter to the canal commissioners of the State of Xew 
 York, and the following is the reply from the Hon. De Witt 
 Clinton, the famous projector of the Erie canal, then in process 
 of construction, and soon after completed : 
 
 ALBANY, K. Y., July 28, 1823. 
 GENTLEMEN : 
 
 I had the honor to receive by Samuel D. Lockwood, Esq., a 
 letter from you addressed to the canal commissioners of this 
 state, requesting our aid to secure the services of an approved 
 engineer to survey and designate the route of a canal to connect 
 Lake Michigan and the Illinois river. Feeling a deep solicitude 
 
:2 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 for the success of this important undertaking, it would give me 
 great pleasure to comply with your request were it in my power, 
 but at present and for the remainder of the season none of our 
 experienced and distinguished engineers can be spared. I feel, 
 however, persuaded that I will be able to recommend one for 
 the ensuing year, who will answer your views in all respects. 
 It will always afford me high satisfaction to promote the noble 
 communication contemplated to be created by your state, and I 
 trust that you will not hesitate to call on me without reserve for 
 any advice or assistance that you may conceive useful. I am, 
 very respectfully, Your most obedient servant, 
 
 DE WITT CLINTON. 
 The Honorable, THE CANAL COMMISSIONERS OF ILLINOIS. 
 
 So for the time being no surveys were made. During the 
 next succeeding years several attempts were made to float the 
 bonds of the proposed canal, and from time to time, the state 
 made grants of lands and money to further the project. But the 
 year 1836 was reached before actual work was even commenced, 
 and before the canal was finished the railroad system that has 
 since assumed such wonderful proportions, had begun to develop, 
 and the great canal, so philanthropic a public work in the minds 
 of its projectors, ranks to-day as a freight route comparatively 
 unimportant. 
 
 During the years 1823 and '2< occurred the great controversy 
 over the question : Shall a Convention be called to form a new 
 State Constitution ? It was well understood that such a con- 
 vention would frame a constitution making Illinois a slave state. 
 This was the most important battle ever 'fought in our state. 
 Mr. Lockwood entered into it with his whole soul, and through- 
 out the contest was recognized as a most active and efficient 
 leader. A full account of the slavery conflict will be found in 
 another chapter. 
 
CHAPTEK VI. 
 
 THE JUDICIARY. 
 
 THE vote on the convention question in 1824 was conclusive. 
 The victory for the anti-slavery party was decisive. Beyond 
 all further controversy, Illinois took her place as one of the free 
 states. The decision of this question left those who had been 
 earnestly engaged in it, free to give their attention to other 
 reforms greatly needed, the most important of which related to 
 our judiciary system. Reform here was imperative, both as to 
 men and measures. The constitution of the state provided that 
 the justices should be appointed by the legislature and hold office 
 during life, with this wise proviso, that the justices first appointed 
 should hold office only five years. The wisdom of this proviso 
 is apparent from the condition of the state at the time it formed 
 its constitution. There were no lawyers in the state willing to 
 accept the position of judge in the supreme court, who were 
 known to be qualified for that important trust. In the con\\ ,: 
 tion that formed the constitution there were but three lawyers. 
 Jesse B. Thomas, E. K. Kane and A. F. Hubbard, and all these 
 had political aspirations in other directions. 
 
 Mr. Thomas was United States judge for the territory of Illi- 
 nois, and now aspired to the position of United States senator 
 from the new state, in which he was successful. Ninian 
 Edwards, governor of the territory from its organization, and 
 well qualified to fill any position the state might assign him, 
 had the same aspiration as Judge Thomas, and was also suc- 
 cessful. 
 
 Nathaniel Pope, who has already been mentioned several 
 times, was sure of the appointment of United States district 
 judge, and was not available for any state office. Outside of these 
 three men, at this time, there were no lawyers of established 
 reputation within the state. 
 
 43 
 
44 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 The wisdom of the constitutional proviso is still more appar- 
 ent, when we consider the men appointed by the legislature as 
 justices of our supreme court. Of these, there were to be one 
 chief justice and three associate justices, and the following were 
 appointed to office : John Philips, chief justice ; Win. P. Foster, 
 Thos. C. Brown and John Reynolds, associate justices. 
 
 Of Judge Philips' qualifications for the office little is now 
 known. He was a man of decided ability in some other direc- 
 tions. He came to the state in the war of 1812, as captain in 
 the regular army, and afterward was appointed secretary of the 
 territory. Thus he was a prominent man in the state at the time 
 of his appointment as chief justice, but he had aspirations in an- 
 other direction, and in July, 1822, he resigned, having secured 
 the nomination of the pro-slavery party as its candidate for gov- 
 ernor. Defeated in the election, disgusted with his party friends, 
 whose bad management brought about that result, he turned his 
 back upon the state and removed to Tennessee. 
 
 As to Judge Brown, we quote from "Stuve and Davidson ." : 
 "Brown was a large, somewhat stately looking, affable man, 
 yielding in disposition, with little industry for study, and few of 
 the higher qualities for a judge. He remained on the bench till 
 the constitution of 1848 went into effect, a period exceeding 
 thirty years ; " and here it may be added that subsequent history 
 does not change this record. 
 
 Wm. P. Foster we can not call him judge was a miserable 
 fraud, and his appointment is a mystery. He must have had 
 some of the winning manners of the professional scoundrel. He 
 had never studied law, nor had a license to practice. By one 
 excuse after another he avoided holding court, until he had drawn 
 his first year's salary, when he resigned and left the state. He 
 afterwards proved to be one of the vilest scoundrels known in 
 our history. 
 
 The appointment of John Reynolds seemed like a farce. He 
 had studied law but a few months, and had had no practice, and 
 was not thought of for the position until a few hours before the 
 appointment, which was as much a surprise to himself as to 
 others. Judge Reynolds has written a book entitled, " My Own 
 Life and Times," of some value, as it speaks of men and things 
 
THE JUDICIARY. 45 
 
 as they came within his own observation, but of little merit in 
 other respects. This book shows clearly that he had no legal 
 qualifications for the judgeship, nor personal dignity to adorn the 
 bench, or even save it from contempt. 
 
 This closes the list of our first judges. A little improvement 
 was made by the appointment of Thomas Reynolds as chief jus- 
 tice in place of Judge Philips, and a very great improvement in 
 the appointment of Win. Wilson in the place of Foster. As 
 Judge Wilson was the life-long friend and associate of Mr. Lock- 
 wood, we insert here the following quotation from " Stuve and 
 Davidson ": " Wilson was a young man, scarcely twenty-five years 
 old, of spotless character, good education, (though not collegiate) 
 and fair attainments as a lawyer. He was social in his disposi- 
 tion, candid and artless by nature, with a manner pleasing and 
 winning. He proved a sound judge, and presided with a dignity 
 which inspired the utmost respect in the bar and attendants." 
 
 To the general assembly of 1824 was delegated the important 
 work of reorganizing the judiciary an pi the selection of new jus- 
 tices, and Mr. Lockwood was earnestly solicited to become a can- 
 didate for one of the positions. He was himself constitutionally 
 averse to any such action and would not consent to any such use 
 of his name. His friends were, however, persistent, and the 
 office was forced upon him. 
 
 The vote on the convention question, though decisive, did not 
 bring peace. The bitter spirit engendered by the contest lasted 
 for more than one generation, and was manifest in many state 
 elections. At the same time this vote was taken, all the state 
 officers were to be elected, and each party had its candidates in 
 the field, and as the parties were about equally divided, the 
 appointment of the justices caused a bitter controversy. 
 
 We quote here from some letters written at the time, indicat- 
 ing some of the features of this controversy, and some of the 
 reasons which were urged upon Mr. Lockwood, by his friends, 
 to induce him to accept the position to which he was appointed : 
 
 VANDALIA, Dec. 31, 1824. 
 SAMUEL D. LOCKWOOD, Esq. : 
 
 DEAR SIR, The judiciary bill has passed both houses, and 
 become a law, and the election for judges, pursuant to the pro- 
 
46 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 visions of that law, came on yesterday. Wm. Wilson was elected 
 supreme judge, and yourself, T. W. Smith, T. C. Brown were 
 elected associate judges. 
 
 The blacklegs with a few traitors outnumbered us, but upon 
 the whole, we think ourselves happy that we were able to keep 
 out the Reynolds, (Thomas and John) and James Turney. I have 
 not time to detail particulars, but suffice it to say that the struggle 
 was equal, if not superior, to anything of the kind that ever took 
 place in this government. The friends of each of the candidates, 
 that is of each party, were ardent in the extreme. Our eyes are 
 now turned to you and Wilson for a reform in the practice. We 
 think you will have the aid of Brown. We pray you will accept 
 for our sakes ; do not refuse. The salaries are not fixed, but I 
 hope they will not be less than $1,000. 
 
 Your Ob't Serv't, WM. OTWELL. 
 
 YANDALIA, Dec. 30, 1824. 
 S. D. LOCKWOOD, Esq.: 
 
 MY DEAR SIR, We, yesterday, had an election, as you will see 
 by the papers. We have elected you, and no doubt, placed you 
 in a worse position for accumulating property than at present, 
 but I hope you will serve. I did not know that you could be 
 induced to do so, until the evening before the election, and I was 
 then determined to run you for chief justice, but others who ap- 
 peared to be your friends were of the opinion we would be more 
 certain to elect you as an associate. I still think they did wrong. 
 I would have been better pleased to have seen you chief justice. 
 I am satisfied your friends in our section of the state, and they are 
 many, are glad to have you one of the judges of the supreme court. 
 
 I am not pleased with the election of Brown ; I conceive he 
 has no business there. 
 
 We will not be able to give high salaries now, but I hope the 
 state will be, by next session, in a situation to increase. 
 
 With considerations of respect I am, dear sir. 
 
 Your friend and well-wisher, W. B. ARCHER, 
 
 BELLEVILLE, Jan. 4, 1825. 
 SAMUEL D. LOCKWOOD, Esq. 
 
 DEAR SIR, I am truly gratified to find that you have been 
 elected a judge of our court of appeals, but I am also very 
 
THE JUDICIARY. 4:7 
 
 fearful that you will not accept. It is true, you have not that 
 station on the bench to which your reputation as a lawyer entitles 
 you. But it is in the hands of a friend, who is highly respected, 
 both for his integrity and good judgment, and I presume you 
 will not decline accepting on that account. As to the salary, if it 
 should be fixed at $1,000, I think you ought not to hesitate. 
 
 Money has appreciated greatly and will ultimately settle down 
 at the value it had before the French revolution. Our state 
 paper must rise rapidly and will soon disappear altogether, as 
 Missouri money has done. 
 
 This is a time when those who can do so, ought to feel disposed 
 to make some sacrifice for the public good. If your acceptance 
 would not be too great a one, you will be entitled to the gratitude 
 of the state for making it. Your friend truly, 
 
 EDWARDS. 
 
 DR. LOCKWOOD : KASKASKIA, Jan'y 5, 1825. 
 
 I have just received a letter from McKee, who thinks it doubt- 
 ful if you accept your new appointment. This won't do your 
 friends will never forgive you. If the salary is now put too low, 
 there is no doubt of its being raised at the next session. 
 
 We desire you to live here, and Mrs. Pope has consented most 
 cheerfully to provide you with a knife and fork at her table 
 this is intended as a bribe to bring you here. In this place yon 
 have many friends, among whom you may pass your time very 
 pleasantly much more so than you can do at Edwardsville. 
 
 Your aft friend, JSTATH'L POPE. 
 
 The salary was fixed at $1,000, payable, however, in depreci- 
 ated currency, which reduced it to about $400. Thus, Mr. Lock- 
 wood had to decide between the comparatively lucrative office of 
 receiver, with light work and small responsibility, and the posi- 
 tion of judge, with meagre salary, arduous labors, and immense 
 responsibility. The latter, however, offered an opportunity of 
 doing a great and good work for his adopted state in the line of 
 his chosen profession, and this consideration decided the matter. 
 He accepted the office and entered upon that work, the value of 
 which to the state can be appreciated only by those who under- 
 stand the nature of it, and the ability and fidelity with which 
 it was accomplished. 
 
CHAPTEE VII. 
 
 ILLINOIS CRIMINAL CODE. 
 I 
 
 THE legislature of Illinois, at its session of 1824-25, instructed 
 the justices of the supreme court to prepare a Revision 
 of the statutes of the state, to be presented at the next session. 
 Such a work was imperatively demanded. Both Governors Bond 
 and Coles had in their messages urged this matter at several ses- 
 sions of the legislature, but for some reason, the work had been 
 neglected, and the crude attempts to amend existing statutes had 
 made the matter worse. This was especially the case with refer- 
 ence to the criminal code. 
 
 The first legislature of the Northwest Territory had adopted a 
 code of laws, incomplete and poorly arranged to start with, and 
 not much improved by subsequent legislatures. The Indiana 
 Territory adopted this code as it stood in 1800, and with various 
 additions and amendments bequeathed it to the Territory of Illi- 
 nois in 1809. The legislature of this territory made several 
 attempts at revision without any substantial improvement, and 
 when the state,^at its organization, adopted this patched-up code, 
 it was, as Governor Ford expresses it, so crude and contradictory 
 that no one could tell what it did mean, or did not mean. The 
 penalties under the criminal code were retained with all their 
 cruelty and barbarity. , There was no state prison, and the 
 county jails were log pens, more fit for wild beasts than human 
 beings, and so from necessity the penalties for violation of the 
 law were such as could be inflicted without delay, such as whip- 
 ping, branding, the pillory, fines and death. In some cases, 
 where the fine could not be collected, the culprit might be sold 
 till he had worked out his fine. Death was the penalty for 
 murder, rape and second offense of horse Btea-liiig. Whipping 
 was the most common penalty, and in the number of lashes 
 inflicted there was much more regard to popular feeling than to 
 
 48 
 
ILLINOIS CRIMINAL CODE. 4:9 
 
 / 
 
 justice. For burglary, or^ robbery, the penalty was thirty-nine 
 stripes on the bare back ; horse stealing, from fifty to one hundred 
 lashes for first offense ; hog stealing, from twenty-five to thirty- 
 nine lashes ; for defacing marks or brands on animals at large, 
 forty lashes weU laid on, and for second offense the culprit was 
 to have letter T branded in the left hand with a red-hot iron ; 
 and for bigamy from one hundred to three hundred stripes. 
 
 The judges realized the importance and necessity of a revision 
 of the laws, and at once entered upon the work, assigning most 
 of it to Justices Lockwood and Smith. Judge Smith was absent 
 from the state for several months, which threw an undue share 
 of the work upon Judge Lockwood. The revision of the crim- 
 inal code was entirely -his work. It can hardly be called a revi- 
 sion^ as the old statutes of the state were largely ignored, and the 
 work to a considerable extent was necessarily original as to forms 
 of expression, arrangement, and relation of penalties to crimes. 
 
 The following quotations indicate something of the difficulties 
 of this work, and its value to the state. Mr. Eugene L. Gross, 
 in the preface to his " Digest of the Criminal Laws of Illinois," 
 published in 1868, says : " Previous to 1827 the statutes were few 
 and imperfect. They had little of the harmony, and none of the 
 regularity, of a rounded and completed system. They were passed 
 at different times and for different purposes, and were framed to 
 suit the needs of pioneer life. But at the session of that year r 
 the legislature revised the entire body of the statutes ; the crim- 
 inal code was prepared with especial care, and was expressed in 
 language at once full, clear and exact. It was the work of Judge 
 Lockwood, and considering all the. circumstances in which he 
 was then placed,' there being no libraries in the state, and no law 
 books to which he had access, except a volume of the laws of 
 New York passed in 1802, and a volume of the laws of Georgia,. 
 this work of Judge Lockwood is an enduring witness to his clear 
 intellect, and to his thorough culture as a lawyer. It is not an 
 attempt to create a substitute for the common law, but is rather 
 an embodiment of it, with merely such modifications as were 
 required to suit it to the wants of this people, and adapt it to 
 society here in its new and varying forms. As such it has long 
 been a theme of admiration in the state and elsewhere." 
 
50 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 The following statement made by Justice Craig at the laying 
 of the corner-stone of the court house of Knox county on June 
 24, 1885, indicates how well this work of Judge Lockwood has 
 stood the test of time : "Our criminal code, with but few amend- 
 ments, has been in existence since the revision of our laws in 
 1825. It was drafted, as I have been informed, by Judge Lock- 
 wood, one of the ablest judges our state ever produced. We 
 had a constitutional convention in 1847, and again in .1870, to 
 form an organic law for the state. Each of those bodies prepared 
 a constitution which was adopted by the people. Again, since 
 1870, the legislature has revised our statutes, but while the stat- 
 ute on various subjects was changed, the criminal code was found 
 to need but few amendments, and hence was left substantially as 
 originally prepared in 1825." 
 
 The article in this code, with reference to " Accessories to 
 'Crime," is here worthy of notice, as under it the Chicago anar- 
 chists have recently been tried and convicted of murder. It 
 reads as follows : " An accessory, is he, or she, who stands by 
 and aids, abets or assists ; or who, not being present aiding, abet- 
 ting or assisting, HATH ADVISED AND ENCOURAGED^ the perpetra- 
 tion of the crimed He, or she, ,who thus aids, abets or assists, 
 advises or encourages, shall be deemed and considered as prin- 
 cipal, and punished accordingly." 
 
CHAPTER YIIL 
 
 DECISIONS OF THE SUPREME COURT. 
 
 THE very important place held by Judge Lockwood on tlie 
 supreme bench, and the large amount of work accom- 
 plished by him, can be appreciated only by those who are 
 familiar with the decisions of that court. A brief review of the 
 first volume of Illinois Reports is here given, as indicating some- 
 thingjof his work. This is a small octavo volume of 306 pages, 
 covering the period from 1819 to 1830, Judge Sidney Breese, 
 reporter. For the first five years of this period the decisions of 
 the court are of no value. Six terms of the court were held, but 
 no matter of any importance came up for consideration. Forty- 
 five cases came before the court by appeal, and the opinions of 
 the court in all these cases cover only fifty-two pages of the 
 Reports. 
 
 We have seen how the court was constituted during that 
 period, and the decisions have probably never been quoted as 
 authoritative. The Reports from 1825 to 1830 show a very 
 different order of things. The court realiz-ed the responsibility 
 resting upon it. Holding its sessions amid very rude frontier 
 surroundings, it established and maintained stringent rules of 
 practice, and preserved a decorum and dignity creditable alike 
 to the court and state. Its decisions covered important ques- 
 tions of law and practice not reversed by subsequent courts. 
 How large a part of this work devolved upon Judge Lockwood, 
 the following figures indicate : In the two terms of the court 
 held in 1825, twenty-three cases were decided, and in thirteen of 
 them Judge Lockwood rendered the opinion; In 1826 twenty- 
 seven cases were considered, and the opinion of the court in 
 thirteen of them was rendered by Judge Lockwood. In two 
 succeeding terms, in eighteen cases out of twenty- nine, the 
 opinion of the court was written out by Judge Lockwood, and 
 
 51 
 
52 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 to this it may be added that in almost every important case the 
 labor of writing out the opinion of the court was assigned to 
 him. The following extracts from some of these opinions are 
 interesting historically, and show something of Judge Lock- 
 wood's style of thought and expression. 
 
 The first case of any importance, that came up for adjudica- 
 tion, had in it a political bearing, and was the occasion of much 
 party feeling, and may be regarded as the commencement of 
 a conflict between the legislature and the supreme court, which 
 lasted till the Constitution of 1848 radically changed our whole 
 judiciary system. It is very difficult to find names to designate 
 the political parties at this time. The old issues incidental to the 
 organization of the National government had largely died out, 
 and the old party names, Federal, Republican and Democratic, 
 had, as to their original use, become obsolete. But the old parties 
 had not died out, and were now reorganizing on new measures, 
 and around new men, and were soon to accept the new names, 
 Democrat and Whig; and by anticipation we may, for con- 
 venience, use these names here. In the gubernatorial election of 
 1822, the Democratic party nominated Chief Justice Joseph 
 Philips for governor, and Adolphus F. Hubbard, lieutenant- 
 governor. As this party had a large majority in the state, and 
 was confident of success, it seemed hardly worth while for the 
 other party to make any opposition. But better counsel pre- 
 vailed, and the minority party brought out its best man, Edward 
 Coles, for governor, determined to make the best fight possible. 
 The result of the election was an entire surprise to both parties. 
 
 The friends of Mr. Philips were ^very wrathful over their 
 defeat and claimed they were cheated. Judge Philips himself 
 left the state in disgust, not to return. This wholly unlooked-for 
 election of Governor Coles was a great blessing for the state, but 
 placed him in a very uncomfortable position. Both branches of 
 the legislature were opposed to him by a large majority. 
 Attempts were made to worry him into a resignation. Mobs 
 were stirred up against him with threats of personal violence. 
 Malicious prosecutions were commenced against him in the lower 
 courts, and heavy fines imposed, and finally a bold attempt was 
 made to oust him from the office of governor under the provision 
 
DECISIONS OF THE SUPREME COURT. 53 
 
 of the constitution relating^ to the lieutenant governor, namely : 
 "In case of impeachment of the governor, his removal from 
 office, death, refusal to qualify, resignation, or absence from the 
 state, the lieutenant governor shall exercise all the power and 
 authority appertaining to the office of governor, until the time 
 pointed out by the constitution for the election of a governor 
 shall arrive ; unless the general assembly shall otherwise provide 
 by law for the election of a governor to fill such vacancy." 
 Under this provision and during a temporary absence of Gov- 
 ernor Coles from the state, Governor Hubbard assumed that he 
 was, de jure and de facto, governor for the remainder of Gov- 
 ernor Coles's term. He issued a call for an extra session of the 
 general assembly, and after Governor Coles's return he claimed 
 to hold the office, and issued a commission to W. L. D. Ewing as 
 paymaster general of the state militia, which was presented to 
 the secretary of state, George Forquer, for his signature, who 
 refused to sign and affix the official seal thereto. Ewing applied 
 to the supreme court for a rule on the secretary to show cause 
 why a mandamus should not be awarded requiring him, Forquer, 
 to countersign and affix the seal of the state to his, E wing's, 
 commission, issued and signed by Adolphus F. Hubbard, gov- 
 ernor of Illinois. The rule being granted, the secretary answered, 
 stating the facts, whereby this important constitutional question 
 was sprung upon the supreme court under circumstances which 
 gave little time for deliberation or consultation of authorities. 
 We quote the following from Breese's Report, giving it in full, 
 as indicating something of Judge Lockwood's clearness of state- 
 ment and force of expression, calling attention especially to these 
 words which may be said to characterize all his decisions, " com- 
 mon justice, common law and common sense." 
 
 THE PEOPLE ON THE RELATION OF WM. L. D. EWING, AGAINST 
 
 GEORGE FORQUER, SECRETARY OF STATE. 
 On a motion for a Mandamus. Opinion of the Court, ~by 
 Justice Lockwood. 
 
 A rule was granted by this court requiring the secretary of 
 state to show cause why a mandamus should not be awarded 
 against him, requiring him to countersign and seal a commission 
 appointing Win. L. D. Ewing, paymaster general of this state. 
 
54 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 This rule was granted on an affidavit made by Adolplius F. 
 Hubbard, which affidavit states in substance, that said Hubbard 
 received a letter from Edward Coles, then being governor of 
 this state, that he intended being absent from the state, for a 
 period of time, and that in consequence of such absence, the 
 duties of governor would devolve on the said Hubbard, he being 
 the lieutenant governor of the state. The affidavit further 
 states, that Coles absented himself from the state, and that he, 
 the lieutenant governor, entered upon the duties of the office of 
 governor. The affidavit further says, that on the second day 
 of November, 1825, he, the said Hubbard, did appoint the said 
 Ewing paymaster general, said office being then vacant, by 
 filling up, and subscribing his name to a commission for that 
 purpose. That on the said 2d November, said Hubbard, still 
 being the acting governor, did in the office of secretary of state, 
 present to the said Forquer, he being secretary of state, said 
 commission, and requested him to countersign and affix the seal 
 of the state to the same, which the said secretary of state failed 
 and refused to do. The letter referred to in the affidavit, and 
 a commission appointing said Ewing paymaster general until 
 the end of the next session of the general assembly, were annexed 
 to the affidavit. 
 
 To the rule granted, as above mentioned, the secretary showed 
 for a cause why a mandamus ought not to be awarded against 
 him, the following reasons, to wit : Because Edward Coles was, 
 on the day of presenting said commission, and had been from 
 the 31st October, 1825, and has ever since remained in the admin- 
 istration of the office of the governor of the state of Illinois. He 
 states as a further reason why the mandamus should not . be 
 awarded, " that it does not appear from the records of his office, 
 that said office of paymaster had ever been filled by any previous 
 appointment." The secretary then admits that the lieutenant 
 governor entered on the discharge of the duties of the office of 
 governor, and continued in the discharge thereof, until the 31st of 
 October, 1825, on which day he alleges, " that said Edward Coles 
 re-entered upon the discharge of the duties of said office of gov- 
 ernor, and has remained therein ever since." Upon the affidavit, 
 and accompanying documents, and the reasons, in writing as 
 
DECISIONS OF THE SUPREME COURT. 55 
 
 above given by the secretary of state, it has been contended by the 
 counsel for the relator, that a mandamus ought to be granted. 
 The facts stated by the secretary were not disputed, but con- 
 ceded to be true. 
 
 The questions supposed to grow out of this application have 
 been elaborately argued, and the discussion has occupied several 
 days, yet, it is expected, that this court will, in less time than 
 was employed in the argument of the case, make up and deliver 
 an opinion, which in its consequences may determine the ques- 
 tion, whether Edward Coles or A. F. Hubbard is, according to 
 the constitution, governor of this state. A question of such 
 immense importance, whether we regard the interest and dignity 
 of the persons interested in the result, or the right of the people 
 to have the government administered by the person to whom 
 they have delegated so important a trust, would seem to require 
 that the court ought to have more time for deliberation and 
 examination than the remainder of the present term. As, 
 however, a decision has been anxiously pressed upon the 
 court, they have determined to give to the subject all the 
 investigation, whicli the shortness of the time, and the almost 
 total absence of law books, and other sources of information 
 will permit. If the court, laboring under such disadvantages, 
 together with the unprecedented nature and novelty of the 
 case, should err in the conclusion to which they shall arrive, 
 they have no doubt, that the error will meet, in the bosoms 
 of the intelligent and honest, with a ready and satisfactory 
 apology. In the great case of Marbury and Madison, sec- 
 retary of state for the United States, in the supreme court of 
 the United States, (a tribunal filled with as enlightened and as 
 able jurists as ever graced the judgment seat in this or any other 
 nation,) the questions which, in some respects are similar to 
 those in this case, were pending before that court for two 
 years. Yet, the opinion delivered in that case, although 
 conspicuous for its luminous display of deep research, and 
 constitutional learning, has not given universal satisfaction. 
 Can it then be reasonably expected, that this court, with- 
 out any pretension to the great and distinguished talents of 
 the judges of that court, and destitute of even the ordinary 
 
56 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 means of forming an opinion, will be able to arrive at a 
 determination, that will be universally satisfactory? But to 
 come to the case before the court. It was contended on the 
 argument, that Governor Coles, by absenting himself from this 
 state, had abdicated and forfeited the office of governor, and 
 could not, on his return into the state, resume its functions. But 
 before the court can enter into this question, it will be necessary 
 for them to inquire, 1. Whether the relator has a right to have 
 the commission countersigned and sealed ? And 2. If he has 
 such right, do the laws of this state, afford him the remedy he 
 asks? It appears from the answer filed by the secretary of 
 state, that the office of paymaster general had never been filled. 
 This office was created by the 4th section of the act passed 8th 
 of February, 1821, amending the militia act. A question of 
 much importance here arises, whether the incumbent in the 
 office of governor, can make an appointment in the recess of the 
 general assembly, when the vacancy did not occur since the 
 adjournment of that body ? The answer to this question is only 
 to be found in the true construction of the 8th section of the 
 4th article of our constitution, which reads as follows: "When 
 any officer, the right of whose appointment is, by this constitu- 
 tion, vested in the general assembly, or in the governor and 
 senate, shall, during the recess, die, or his office by any means 
 become vacant, the governor shall have power to fill that 
 vacancy, by granting a commission which shall expire at the end 
 of the next general assembly." If any doubt existed as to the 
 meaning of this section, reference might be had to the practice 
 of the government. Had such practice been acquiesced in? Only 
 one case, however, is within the knowledge of the court, and in 
 that case, the governor determined that he had not the power to 
 make the appointment, although it was a case that loudly called 
 for its exercise, if the power existed. This solitary precedent, 
 however, can not be considered as settling the question. The 
 words, however, of this section appear so clear, and so devoid 
 of ambiguify, that it seems a useless waste of time to look 
 further than to the clause itself, for its true meaning. It 
 only authorizes the governor to fill the vacancy when it shall 
 occur during the recess of the general assembly, whether that 
 
DECISIONS OF THE SUPREME COURT. 57 
 
 vacancy be occasioned by -death, or any other means. The 
 vacancy must happen during the recess. Can it then for a 
 moment be pretended, that the contingency had happened, which 
 authorized the appointment of the relator? It appears to me, 
 that it would require a total perversion of the language used, to 
 contend that it had. But as this question is one of vital import- 
 ance to the correct and wholesome administration of this govern- 
 ment, I have examined the constitution of the United States, 
 and the construction that has prevailed on this subject. By the 
 2d section of the 2d article, u The president shall have power 
 to fill up all vacancies that may happen during the recess of the 
 senate, by granting commissions, which shall expire at the end of 
 their next session." In an able work recently published on con- 
 stitutional law, I find the construction which has been given to 
 this clause of the constitution of the United States, which so 
 strikingly resemble our own, that I trust I shall be excused for 
 making a long extract from the work. In pages 373-4 of 
 Sargeant's Constitutional Law, the subject is noticed as follows : 
 " In the year 1814 President Madison granted commissions to 
 ministers to negotiate' the treaty of Ghent in the recess of the 
 senate. The principle acted on in this case, however, was not 
 acquiesced in, but protested against by the senate at their suc- 
 ceeding session, and on a subsequent occasion, April 20, 1822, 
 during the pendency of the bill for an appropriation to defray 
 the expenses of missions to the South American States, it seemed 
 to be distinctly understood to be the sense of the senate, that 
 it is only in offices that become vacant during the recess, that 
 the President is authorized to exercise the right of appointing to 
 office, and that in original vacancies, where there has not been 
 an incumbent of the office, such a power, under the constitution, 
 does not attach to the executive. An amendment that had been 
 proposed, providing that the President should not appoint any 
 minister to the South American states, but with the advice and 
 consent of the senate was, therefore, withdrawn as unnecessary. 
 And in a report of a committee of the senate made on the 25th 
 of April, 1822, it is declared that the words, ' all vacancies that 
 may happen during the recess of the senate,' means vacancies 
 occurring from death, resignation, promotion or removal. The 
 
58 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 word 'happen,' has reference to some casualty not provided for 
 by law. If the senate be in session, when offices are created by 
 law, which were not before filled, and nominations be not then 
 made to them by the President, the President can not appoint 
 after the adjournment of the senate, because in such case the 
 vacancy does not happen during the recess. In many instances 
 where offices are created by law, special power is given to the 
 President to fill them in the recess of the senate, and in no 
 instance has the President filled such vacancies without special 
 authority by law." 
 
 Here, then, we find a practical exposition of the Constitution 
 of the United States adhered to for a series of years, and the 
 concluding fact stated in the extract, speaks much on this sub- 
 ject. There can be but little doubt, that since the organization 
 of the general government, many cases must have arisen where 
 the public interests would have been promoted by the exercise 
 of this power ; yet, the President has carefully abstained from 
 stretching his authority, even for useful purposes, to cases not 
 authorized by the constitution. In the appointment of the 
 relator, it can not even be pretended that any state necessity 
 existed for filling the vacancy. The office had been vacant since 
 1821 ; and yet, I am not aware that any complaint has ever been 
 made. I, therefore, come to the conclusion that the lieutenant- 
 governor, admitting him fully clothed with all the functions of 
 governor, had not the constitutional power to fill the vacancy in 
 the office of paymaster-general. This conclusion would seem to 
 settle the question whether the mandamus ought to be awarded 
 or not. But the counsel for the relator contended on the argu- 
 ment that whether the .lieutenant-govern or had the constitutional 
 right or not, to make the appointment, still the secretary was 
 compelled to countersign the commission and affix the seal. 
 Can this proposition be sustained ? By the 4th section of the 
 Act defining the duties of the secretary of state, it is enacted, 
 " That all commissions required by law to be issued by the 
 governor, shall be countersigned by the secretary of state." In 
 this section is to be found the duties of the secretary. Had the 
 legislature intended to require the secretary to countersign 
 every commission the governor should present to him, whether 
 
DECISIONS OF THE SUPREME COURT. 59 
 
 authorized by the law or the constitution, its phraseology would 
 have been that the secretary should countersign every commission 
 presented to him by the governor. The secretary is, however, 
 only required to countersign those commissions " required to be 
 issued by law." Must he not, then, look into the law to see if the 
 commission is required by law ? Would he be required to sign 
 a commission for an office that does not exist ? 
 
 The secretary of state is a constitutional officer, as well as the 
 governor, and his duties are pointed out by law. I think he 
 may refuse to sanction an unconstitutional or illegal act. Should 
 I, however, be wrong in this opinion, still the court might well 
 doubt the propriety of granting a mandamus. If the lieutenant- 
 governor had not the power to make the appointment, what 
 benefit would the relator derive from possessing the commission, 
 although duly signed and sealed ? Would it confer the office on 
 him ? I think not. But if any doubt rests on this subject, the 
 court ought not to grant the mandamus. I refer to the follow- 
 ing authorities on the subject: "'The court will not grant a 
 mandamus to a person to do any act, whatever, where it is 
 doubtful whether he has by law a right to do such act or not, for 
 such would be to render the process of the court nugatory, as if 
 the person had no rights, he might so return it." Esp. N. P. 
 page 665. " The court will not grant a mandamus to a person 
 commanding him to do anything which he is not under a legal 
 necessity of doing; that is, if the law has left a discretion in 
 him, the court will not control it." IMd, 668. 
 
 But another, and still more important question arises, from 
 the reasons shown by the secretary, why the mandamus should 
 not be granted. He informs the court, that on the day of pre- 
 senting the commission, and before and ever since, Edward Coles 
 is, and has been, in the administration of the office of governor 
 of this state, and contends that he has no right to recognize any 
 other person as governor. On the other hand, the counsel for 
 the relator contended that Edward Coles having absented him- 
 self from the state, had no right to resume the functions of the 
 office, and that he was to be regarded as an usurper. 
 
 Here, then, is distinctly presented to the court the question 
 whether Edward Coles, or A. F. Hubbard, has the right to 
 administer the government. 
 
60 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 It was conceded on the argument, and such no doubt would 
 be the effect, if the mandqmus should be granted, that Coles 
 would be completely stripped of the executive functions. For 
 if a mandamus can be awarded in this case, it could to every 
 officer of the government who should refuse to recognize Hub- 
 bard as governor ; and Coles, without being before the court, or 
 entitled to be heard on the subject, would be deposed from the 
 highest station in the government a station, too, conferred on 
 him by the suffrages of the people. Does not the mere statement 
 of the consequences, that will flow from such a decision, im- 
 periously call on the mind to reflect, to ponder well the subject, 
 before so great and decisive a measure is resorted to ? Nay, does 
 not the bare statement of the consequences, that will result to a 
 person not before the court, admonish them that they have no 
 power to award the mandamus f It was urged by the counsel for 
 the relator, that the secretary had boldly marched up to the real 
 question, to wit : Who is the governor by the constitution ? and 
 it was intimated, that it was also the duty of the court to decide 
 this question. It is a sufficient answer to this intimation, that 
 the secretary can not, by his own act, bring into discussion the 
 rights of others, unless they necessarily arise in the case. His 
 consent can not give this court any right to decide questions im- 
 properly before them. When such a question comes directly 
 and properly before them, it is to be presumed they will not 
 shrink from the performance of their duty, let the consequences 
 be what they may. But does this question, Who is the consti- 
 tutional governor ? necessarily arise. It is a principle of common 
 justice, common law, and common sense, that no person shall be 
 condemned without being heard. That no person can be de- 
 prived, by courts of justice, of even a dollar's worth of property, 
 without first having been summoned to shew cause against it. 
 It must be kept in mind, that when this court is called upon to 
 decide who is governor, that the question is no longer between 
 the relator and secretary of state, but between Hubbard and 
 Coles, neither of whom are strictly parties to this controversy ; 
 consequently neither of them ought to be affected by the decision 
 in this case. In this point of view, the remedy sought in this 
 case, is entirely misconceived. Hubbard should have filed an 
 
DECISIONS OF THE SUPREME COURT. 61 
 
 information in nature of a quo warranto against Coles, then the 
 question would come up directly, and not collaterally, before the 
 court, and the controversy might be tried by a jury, should there 
 be an issue of fact. "Whether an information in nature of a 
 quo warranto, would lie, to try such a question, the court are not 
 now called upon to decide. One of the counsel for the relator 
 very emphatically calls this a political question. If the counsel 
 was right, the legislature would seem to be the proper forum for 
 its discussion. But when the question arises in this court, it will 
 be time enough to decide it. " Sufficient unto the day is the evil 
 thereof." I am, however, of the opinion, if Hubbard has any 
 legal remedy to try his right to fill the executive chair, that it is 
 only by an information in the nature of a quo warranto. On 
 this subject the court are, fortunately, not entirely without the 
 aid of authority. In the case of The People v. the Mayor, Al- 
 dermen, dkc., of the City of New York, 3 Johns, Gas. 79, the 
 court says : " Where the office is already filled by a person who 
 has been admitted and sworn, and is in color of right, a man- 
 damus is never issued to admit another person, because the cor- 
 poration, being a third party, may admit or not, at pleasure, and 
 the right of the party in office may be injured without his having 
 an opportunity to make a defence. The proper remedy in the 
 first instance is, by an information in the nature of a quo war- 
 ranto, by which the rights of the parties may be tried." In the 
 above case the relators swore that they had been duly elected to 
 the offices to which they asked to be admitted. But it appeared 
 from the case, that other persons were executing the duties. This 
 case, it is conceived, is directly applicable, and points out the 
 remedy that ought to have been pursued by Hubbard. Again, 
 in the case of Rex v. Bankes, 3 Burr 1412, which was an appli- 
 cation for a mandamus, the Court of King's Bench held " that 
 the mayor de facto must be made a party to the rule to shew 
 cause." In 4 Bae. ab. 515, title, mandamus, (E) the law is thus 
 laid down : " But though the Court of King's Bench be intrusted 
 with this jurisdiction of issuing out mandamuses, yet they are 
 not obliged to do so in all cases wherein it may seem proper, but 
 herein may exercise a discretionary power, as well in refusing as 
 granting such writ, as where the end of it is merely a private right, 
 
62 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 where the granting it would be attended with manifest hard- 
 ships and difficulties" etc. Is it not apparent that manifest 
 hardship and difficulty would ensue if this writ should be granted ? 
 Would it not have the effect to depose and eject from the office 
 of governor a person who now fills it, and to which he has been 
 duly elected by the people, and regularly qualified and inducted 
 into office ? And without his having opportunity to shew cause 
 why so great a degradation should be meted out to him ? And 
 would not a great constitutional question be decided, although 
 brought before the court collaterally, and without all the light 
 that might be shed on the subject? And would not a great 
 principle of natural justice be violated ? I am clearly of the 
 opinion that the mandamus ought not to be awarded. 
 
 This decision did not satisfy G-ov. Hubbard or his party. They 
 appealed to the General Assembly at its called session, called 
 probably to meet this very emergency, but it declined to act in 
 the matter, and it was dropped. 
 
 The Supreme Court was frequently called to consider cases 
 arising from the existence of slavery in the State. A review of 
 some of these cases clearly shows that slavery did exist as a 
 legalized institution, and in most of these cases, Judge Lockwood, 
 the most pronounced anti-slavery man on the bench, was selected 
 to give the opinion of the court, and we m^,y conclude that these 
 decisions give the most favorable view possible, and the persons 
 claimed as slaves or property had the advantage of every tech- 
 nical point which could be submitted in their favor. In the case 
 of Nance, a girl of color, plaintiff in error, vs. John Howard, 
 defendant in error, we note the following points : u The point 
 presented to the consideration of the court in this case is, 
 whether a registered servant is liable to be taken and sold on 
 execution ? 
 
 " By the act concerning judgments and executions, approved 
 Jan. 17, 1825, ( all and singular, the goods and chattels, land and 
 tenements, and real estate of a judgment debtor shall be liable 
 to be sold on execution.' * * * The phrase, goods and chat- 
 tels, means personal property in possession. Are, then, regis- 
 tered servants goods or chattels, within the meaning of the 
 statute? This is a question of mere dry law, and does not 
 
DECISIONS OF THE SUPREME COURT. 63 
 
 involve, in its investigation and decision, anything relative to 
 the humanity, policy or legality of the laws and constitution 
 authorizing and recognizing the registering and indenturing of 
 negroes and mulattoes." After reciting in full the various terri- 
 torial and state laws covering this point, showing conclusively 
 that these indentured servants are property taxable as other 
 property, transferable from one owner to another under certain 
 conditions, passing by inheritance to legal heirs, Justice Lockwood 
 gives this opinion, sustained by the other judges : " I have, 
 therefore, come to the conclusion that indentured and registered 
 servants must be regarded as goods and chattels and liable to be 
 taken and sold on execution." 
 
 PHOSBE, A WOMA.N: OF COLOR, PLAINTIFF IN ERROR, ) 
 
 vs. 
 WM. JAY, DEFENDANT IN ERROR. ) 
 
 OPINION OF THE COURT, BY JUSTICE LOCKWOOD. 
 
 This is an action of trespass, assault, battery, wounding, and 
 false imprisonment, to which the defendant plead, that the 
 plaintiff, on the 26th day of November, 1814, before William 
 C. Greenup, clerk of the court of common pleas of Ran- 
 dolph county, Illinois Territory, agreed to, and with, one Joseph 
 Jay, the father of this defendant, and who is now deceased, to 
 serve him as an indentured servant for and during the term 
 of forty years, from and after the day and year aforesaid, 
 and then and there entered into and acknowledged an inden- 
 ture, whereby she bound herself to serve the said Joseph Jay, 
 forty years next ensuing said date aforesaid, conformably to 
 the laws of Illinois Territory respecting the introduction of 
 negroes and mulattoes into the same ; and defendant avers that 
 the said Joseph has since departed this life, leaving this defend- 
 ant, his only son and heir at law, who is also his administrator ; 
 that plaintiff came to his possession lawfully, after the death of 
 said Joseph ; that in order to compel plaintiff to attend to and 
 perform the duties of an indentured servant, in doing the ordi- 
 nary business of him, the said defendant, and remaining in his 
 said service, he had necessarily to use a little force and beating, 
 which is the same trespass, etc. To this plea the plaintiff de- 
 murred, and the defendant joined in demurrer. The circuit 
 
64: LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 court sustained the plea, and thereupon the plaintiff obtained 
 leave to withdraw her demurrer and reply. 
 
 Several replications were filed, to which defendant demurred, 
 and the demurrers were sustained and judgment given on the de- 
 murrers for the defendant. To reverse which judgment a writ 
 of error has been brought to this court. From the conclusion I 
 have arrived at, I deem it unnecessary to state the matter or 
 legality of replications. The first question presented by the case 
 is, whether the "Act concerning the introduction of negroes and 
 mulattoes into this territory, passed 17th September, 1807," by the 
 Territory of Indiana, and continued by the Territory of Illinois, 
 was not a violation of the sixth article of the ordinance of Con- 
 gress, passed 13th July, 1787, for the government of the territory 
 of the United States northwest of the Ohio river. That portion 
 of the ordinance applicable to this case reads as follows : " There 
 shall be neither slavery nor involuntary servitude in the said ter- 
 ritory, "otherwise than in the punishment of crime, whereof the 
 party shall have been duly convicted." The first, second and 
 the third sections of the act of 1807 are as follows : "It shall 
 and may be lawful for any person, being the owner or possessor 
 of any negroes or mulattoes, of and above the age of fifteen years, 
 and owing service or labor as slaves in any of the states or terri- 
 tories of the United States, or for any citizen of the said states 
 or territories purchasing the same, to bring the said negroes and 
 mulattoes into this territory." Sec. 2 : " The owner or possessor 
 of any negroes or mulattoes, as aforesaid, and bringing the same 
 into this territory, shall within thirty days after such removal, go 
 with the same before the clerk of the court of common pleas of 
 the proper county, and in the presence of said clerk the said 
 owner or possessor shall determine and agree to and with his or 
 her negro or mulatto, upon the term of years which the said negro 
 or mulatto will and shall serve his or her said owner or possessor, 
 and the said clerk is hereby authorized and required to make a 
 record thereof in a book which he shall keep for that purpose." 
 Sec. 3. " If any negro or mulatto, removed into this territory, as 
 aforesaid, shall refuse to serve his or her owner, as aforesaid, it 
 shall and may be lawful for such person, within sixty days there- 
 after, to remove the said negro or mulatto to any place which, by 
 
DECISIONS OF THE SUPREME COURT. 65 
 
 \ 
 
 the laws of the United States or territory, from whence such 
 owner or possessor may or shall be authorized to remove the 
 same." 
 
 If the only question to be decided, was whether this law of 
 the territory of Illinois conflicted with the ordinance, I should 
 have no hesitation in saying that it did. 
 
 Nothing can be conceived farther from the truth, than the 
 idea that there could be a voluntary contract between the negro 
 and his master. The law authorizes the master to bring his 
 slave here, and take him before the clerk, and if the negro will 
 not agree to the terms proposed by the master, he is authorized 
 to remove him to his original place of servitude. I conceive 
 that it would be an insult to common sense, to contend that the 
 negro, under the circumstances in which he was placed, had any 
 free agency. The only choice given him was a choice of evils. 
 On either hand servitude was to be his lot. The terms proposed 
 were slavery for a period of years, generally extending beyond 
 the probable duration of his life, or a return to perpetual slavery 
 in the place from whence he was brought. The indenturing was 
 in effect an involuntary servitude for a period of years, and was 
 void, being in violation of the ordinance, and had the plaintiff 
 asserted her right to freedom previous to the adoption of the 
 constitution of this state, she would, in my opinion, have been 
 entitled to it. But, by the third section of the sixth article of 
 the constitution of the state, " Each and every person who has 
 been bound to service by contract or indenture, in virtue of the 
 laws heretofore existing, and in conformity to the provisions of 
 the same, without fraud or collusion, shall be held to a specific 
 performance of their contracts or indentures, and such negroes 
 and mulattoes as have been registered in conformity with the 
 aforesaid laws, shall serve out the time appointed by such laws." 
 , And here, certainly, a very grave question arises, and that is, 
 if these indentures were originally void, can any subsequent act, 
 and that without the consent of the persons most interested, 
 make them good ? I readily concede that no subsequent legisla- 
 tive act could have made the indenture valid. Can, then, this 
 constitutional provision make a void indenture valid ? In order 
 more fully to understand this question, it will be necessary 
 
66 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 clearly to ascertain the difference between an an act of the leg- 
 islature and a constitutional provision. What is meant by the 
 term constitution, as applied to government ? It is the form of 
 government instituted by the people, in their sovereign capacity, 
 and in it are determined the condition, rights and duties of every 
 individual in the community. 
 
 From the decrees of the constitution there can be no appeal ; 
 for it emanates from the highest source of power, the sovereign 
 people. Whatever condition is assigned to any portion of the 
 people, by the constitution, is irrevocably fixed, however unjust 
 in principle it may be. The constitution can establish no tribunal 
 with power to abolish that which gave and continues such tribu- 
 nal in existence. But a legislative act is the will of the legisla- 
 ture, in a derivative and subordinate capacity. The constitution 
 is their commission, and they must act within the pale of their 
 authority, and all their acts contrary, or in violation of the 
 constitutional charter, are void. 
 
 If they have no power to pass an act, any number of repeti- 
 tions of unconstitutional acts, or acts beyond the pale of their 
 authority, can never make the original act valid. As it respects 
 the territorial legislature, the ordinance had the same controlling 
 influence over its acts as a constitution has over the legislature of 
 a state. By this course of reasoning, I conclude that, although 
 the act of the territory, in relation to indenturing negroes and 
 mulattoes, was originally void, yet it enumerated a description 
 of persons whose condition in life and the rights they shall pos- 
 sess in this community, the constitution of the state has under- 
 taken to fix. It has determined that they shall serve their mas- 
 ters according to the provisions before recited. It was, however, 
 urged on the argument of this cause, that the people of this 
 state, when they assembled in convention, were not absolutely 
 free and independent and at liberty to adopt what frame of 
 government they chose, for they were controlled by the consti- 
 tution of the United States and by the ordinance of 1787. The 
 provision of the third section of the sixth article of the constitu- 
 tion of this state does not, as I conceive, in any way conflict with 
 the constitution of the United States. Several of the states, in 
 the formation of their constitutions, have ingrafted into them 
 
DECISIONS OF THE SUPREME COURT. 67 
 
 provisions relative to the right to hold persons in slavery, with- 
 out objection. The ordinance, however, is no doubt still binding 
 upon the people of this state, unless it has been abrogated by 
 common consent. By common consent, I understand the United 
 States and the people of this state, and wherever they shall agree 
 that the whole or any part of the ordinance of 1787 shall be 
 repealed, it will, so far as it affects this state, become a dead let- 
 ter. The people of this state, by recognizing the validity of the 
 indenturing and registering of servants in pursuance of the act 
 of 1807, before referred to, gave their consent to alter so much 
 of the ordinance as was repugnant to the constitution of this 
 state. When the constitution of this state was presented to Con- 
 gress, in order to our admission into the Union, the attention of 
 that body was called to that clause of our constitution which 
 requires that registered and indentured servants shall be held to 
 serve pursuant to said act, and which was contended, and if I 
 mistake not, was conceded to be a violation of the ordinance. 
 Congress, however, admitted this state into the Union, with this 
 constitutional provision, and thereby, I think, gave their consent 
 to the abrogation of so much of the ordinance as was in opposi- 
 tion to our constitution. Having thus shown that registered and 
 indentured servants are bound to serve, the next question that 
 arises in this case is whether the defend ant has set forth sufficient 
 matter in his plea to support his claim to the services of the 
 plaintiff. Several objections have been made to the plea. Those 
 which are deemed important I shall notice : 
 
 1. That the plea does not state the existence of those facts 
 which would authorize the indenturing, to wit : that she owed 
 service to Joseph Jay; was above fifteen years of age ; and that 
 the indenturing took place within thirty days after she was 
 brought into the territory. 
 
 2. That by the death of Joseph Jay the indenture ceased to 
 have any operation. 
 
 3. The plea is uncertain whether defendant claims the service 
 in virtue of his administration or his heirship; and, 
 
 4. That the plea does not answer the wounding. 
 
 As it regards the first objection, it evidently appears from the 
 constitution that it does not intend to confirm every indenture. 
 
68 LIP'E AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 It only saves those that were made " in conformity to the provis- 
 ions of the law, without fraud or collusion." If the court could 
 .not inquire beyond the fact of indenturing, then this provision 
 of the constitution would be useless and absurd. But upon the 
 ground assumed to sustain the validity of these indentures, no 
 doubt can exist that, unless the indenturing was in conformity 
 to the law it is void. On whom then must the onus probandi 
 rest? I should think, in ordinary cases, on the party who sets 
 up a claim, founded on statute, and in derogation of common 
 right. It was, however, on the argument, urged witli great 
 force, that if it was incumbent on the master, after a lapse of 
 several years, to prove that every requisite of the statute had 
 been complied with, it would subject the master, in most cases, 
 to great inconvenience and expense, and in many cases to loss of 
 services that the constitution had secured to him. Witnesses 
 might forget, remove or die, and thus by the lapse of time and 
 accident claimants be deprived of their proof. It was also urged 
 that something ought to be presumed in favor of records that 
 the officers had done their duty. These arguments possess con- 
 siderable weight, and I feel it the duty of the court, in deciding 
 on the point, to allow them to have some influence. 
 
 If the injury complained of had consisted in constraint 
 imposed on the plaintiff soon after the time of indenturing 
 before the clerk, and no subsequent imprisonment of the plain- 
 tiff had taken place, the statute of limitations would have barred 
 the action in five years, and the defendant would not then have 
 been bound to have plead a right to restrain the plaintiff's liberty 
 under the indenture. The statute of limitations was made for 
 the purpose of quieting parties after so much time has elapsed 
 as affords a presumption that the evidence might be lost by death 
 or forgetfulness. That this statute is a wise law, all who are 
 conversant with trials in courts, and the frailty and forgetfulness 
 of mankind, will readily concede. The law, therefore, discour- 
 ages law suits, after so much time has intervened as to create the 
 presumption that witnesses have died or forgotten the transac- 
 tion; or, in other words, the law favors the diligent, and not the 
 slothful. Had the plaintiff brought an action within five years 
 after the commencement of what she complains of as an unlawful 
 
DECISIONS OF THE SUPREME COUKT. 69 
 
 restraint on her liberty, I should have been clearly of opinion 
 that it was incumbent on the defendant to have shown, not 
 an indenturing only, but that the indenture had been made " in 
 conformity to the provisions of law." But after a period of more 
 than ten years has elapsed, and an acquiescence in the mean time 
 of the plaintiff, I think it would impose what would in some 
 cases be impossible, and in all, an unreasonable hardship, to 
 require the defendant to plead and prove all the facts necessary 
 to show the validity of the indenture. I am, therefore, of 
 opinion, under the circumstances of this case, that it was unne- 
 cessary in the plea to aver the existence of the facts to warrant 
 the making of the indenture in question. As, however, this 
 opinion is based on legal presumption, it would certainly be com- 
 petent for the plaintiff, by way of replication, to state facts 
 inconsistent with these presumptions, and thereby take upon 
 herself the burthen of proving that they had no existence. The 
 second objection to the plea is, " that by the death of Joseph Jay 
 the indenture ceases to have any operation." The act " concern- 
 ing the introduction of negroes and mulattoes into this territory," 
 passed September the 17th, 1807, contains no provision as to the 
 consequences of the death of the master, upon the indentured 
 servants. Bat by the third section of the sixth article of the 
 constitution of the state, before referred to, it is declared that 
 " each and every person who has been bound to service, by con- 
 tract or indenture, in view of the laws of Illinois Territory, shall 
 be held," etc. From this phraseology, it would seem that the 
 convention recognized the existence of more than one law that 
 had reference to the indenturing and registering of negroes and 
 mulattoes. 
 
 It hence becomes necessary to inquire into all the laws of the 
 territory, in relation to this description of persons. By the sev- 
 enth section of the act entitled " an act concerning executions," 
 passed the 17th of September, 1807, being the same day on which 
 the indenturing law was passed, it is enacted " That the time of 
 service of such negroes or mulattoes may be sold on execution 
 against the master, in the same manner as personal estate, imme- 
 diately from which sale the said negroes and mulattoes shall 
 serve the purchaser or purchasers for the residue of their terms 
 
70 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 of service." By the act entitled " an act to regulate county lev- 
 ies," passed the same day, " bound servants" are declared to be 
 taxable as property. And by the third section of the act entitled 
 " an act concerning servants," passed on the said 17th day of 
 September, 1807, it is declared that " the benefit of the said 
 contract of service shall be assignable by the master to any per- 
 son being a citizen of this territory, to whom he shall, in the 
 presence of a justice of the peace, freely consent that it shall be 
 assigned, the said justice attesting such free consent in writing, 
 and shall also pass to the executor, administrators and legatees 
 of the master." But by a strict and literal construction of the 
 language employed in the first section of this statute, to which 
 the word contract in the third section refers, it might be consid- 
 ered doubtful whether the words "negroes and mulattoes," under 
 contract to serve another, embrace the negroes and mulattoes 
 registered and indentured under the act "concerning the intro- 
 duction of negroes and mulattoes into the territory," or only 
 negroes and mulattoes who shall come into the territory under 
 " contract to serve another." But when it is recollected that the 
 convention supposed there were several laws on the subject of 
 registered and indentured servants, I have no hesitation in con- 
 cluding that the act concerning servants embraced indentured 
 servants. It is also a rule in the construction of statutes, that 
 the sense which " the contemporaneous members of the profes- 
 sion had put upon them," is deemed of some importance, accord- 
 ing to the maxim that "contemporanea expositio est fortissimo, 
 in lege" 1 Kent's Com., 434. I have been informed that the 
 members of the bar always understood the act concerning ser- 
 vants had application to indentured and registered servants, and 
 upon that opinion the community at large have supposed that 
 these persons might be sold, with the consent of the servants, 
 and that they went to the administrator in course of administra- 
 tion. It is a further rule, in construing statutes, that several acts 
 m_parimateria, and relative to the same subject, are to be taken 
 together and compared, in the construction of them, because they 
 are considered as having one object in view, and as acting upon 
 one system. This rule applies, though some of the statutes may 
 have expired, or are not referred to in the other acts. 1 Kent's 
 
DECISIONS OF THE SUPREME COURT. 71 
 
 Com., 433. The first legislature after the adoption of the con- 
 stitution of this state, in the act entitled " an act respecting free 
 negroes, mulattoes, servants and slaves," passed the 30th of 
 March, 1819, adopted the third section of the " act concerning 
 servants," verbatim, though from the context it does not appear 
 that any contract of service is before spoken of. This section 
 of the act of 1819 cannot have any object or meaning, unless it 
 have reference to the indentured and registered servants men- 
 tioned in the constitution. I thence conclude that the third sec- 
 tions of the act "concerning servants," and the llth section of 
 the act of 1819, embrace indentured and registered servants, and 
 consequently, upon the death of Joseph Jay, the plaintiff went 
 to the administrator as assets. The third objection to the plea 
 is that it is uncertain whether the defendant claims the service 
 in virtue of his being administrator or heir. This objection is, I 
 think, fatal. The plea, in this respect, is wholly indefinite. If 
 the defendant claims the plaintiff in his character as heir, there 
 is no law to sanction his claim. If the services of the plaintiff 
 are to be considered as property, by the common law, they would 
 go as assets to the administrator, and the statutes I have referred 
 to give the same direction. Should the party claim the plaintiff 
 as administrator, still the plea would be bad, as the adniinistra- 
 tor would only have the custody of the plaintiff for safe keeping 
 until her time of service should be sold. As administrator he 
 had no power to compel the plaintiff " to attend to the ordinary 
 business of him, the said defendant." On the ground that the 
 plea is too uncertain as to the character in which the defendant 
 claims the services of the plaintiff, and upon the further ground 
 that in neither capacity can the defendant claim her services, the 
 judgment must be reversed. The plea is also defective, in point 
 of form, for not answering the wounding. It was urged on the 
 argument, that plaintiff, having demurred to defendant's plea, 
 and having subsequently withdrawn it, and replied, upon the 
 demurrer's being overruled in the court below, it is now too late 
 to object to the plea. The withdrawing the demurrer is as if it 
 had never been put in. Consequently, when a good declaration 
 is filed the defendant must interpose a good bar, or else, the 
 plaintiff is entitled to recover. It is a rule of pleading, that " a 
 
72 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 demurrer by either party has the effect of laying open to the 
 court, not only the pleading demurred to, but the entire record, 
 for their judgment upon it, as to the matter of the law." 1 
 Saund. 285 (n. 5.) And, " if two or more of the pleadings be 
 bad in substance, the court will give judgment against the party 
 who committed the first fault." Archbold's civil pleadings, 351. 
 Therefore, notwithstanding the plaintiff's replication may be bad, 
 of which I give* no opinion, if the plea also be bad, judgment 
 must be for plaintiff. I am of opinion that judgment must be 
 reversed, with costs, and the proceedings be remanded to the 
 Randolph circuit court, with liberty to defendant to amend his 
 plea, on payment of the costs occasioned thereby. 
 
 This proved to be one of the most important cases ever 
 brought before our supreme court, as the rulings under it were 
 held to establish the constitutionality and legality of the acts 
 relating to indentured servants, and thus established in our state 
 this form of slavery, which continued until the adoption of the 
 new constitution in 1848. 
 
 If it should be asked, How could a man of such pronounced 
 and decided anti-slavery sentiments render such an opinion ? it 
 must be remembered it is the duty of a judge to interpret the 
 laws; not to make or amend them. Our first constitution did 
 recognize and establish tnis form of slavery, and the justices of 
 our supreme court could not ignore that fact, however much 
 they might deplore it. 
 
CHAPTER IX. 
 
 CONFLICT BETWEEN THE LEGISLATURE AND THE SUPREME COURT. 
 
 IT) EFERENCE has already been made to this conflict ; but it 
 JLt requires farther consideration. The conflict arose in part, 
 from the character and conduct of the first judges ; in part, from 
 the influence of political and partisan issues ; but was due, mainly, 
 to a popular dislike of our whole judicial system. We have seen 
 that there was a good deal of hard feeling in the legislature over 
 the election of the new judges at the session of 1824-25. This 
 was a time of great political excitement. The question of slavery 
 was agitating the whole country. The era of good feeling under 
 President Monroe, was abruptly terminated by the results of the 
 presidential election of 1824. In all these matters Illinois was 
 greatly interested. Active partisans were ready to stir up strife. 
 In the controversy over the admission of Missouri, our senators, 
 Thomas and Edwards, favored the compromise, and according to 
 Stuve, first suggested as the northern boundary line of slavery 30 
 30.' On the other hand, our representative, Daniel P. Cook, 
 opposed the admission of Missouri on constitutional grounds, as 
 he explained ; but the pro-slavery party would listen to no expla- 
 nations, and in most bitter terms denounced Mr. Cook and all his 
 anti-slavery friends. In the presidential election of 1824, Illinois 
 was very much divided in sentiment. The Kentucky element 
 largely favored Henry Clay ; the Tennessee and the more south- 
 ern element favored Jackson ; while the more northern and 
 eastern influence, and the anti-slavery element favored John Q. 
 Adams. The result was a divided electoral vote. 
 
 In the election by the House of Representatives, Mr. Cook, 
 our sole representative, gave the vote of the state to Mr. 
 Adams. In all these measures, three out of the four judges 
 Wilson, Lockwood and Brown were supposed to be in sym- 
 pathy wth Mr. Cook, and shared in the denunciations heaped 
 
 73 
 
4 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 on him. In subsequent years, these three judges, though in no 
 sense partisans, were identified with the Whig party, leaving 
 Judge Smith the only Democrat on the supreme bench. As we 
 have seen, these justices of the supreme court were appointed by 
 the legislature to hold office for life. This arrangement was 
 becoming more and more unpopular, both as to the mode of 
 appointment and term of office, and very unjustly manifested 
 itself in the legislature in attempts to worry and annoy the 
 judges. The real ground, however, of the hostility between these 
 two branches of our state government, is found in the following 
 constitutional provision : " The governor for the time being, and 
 the judges of the supreme court, or a major part of them, shall 
 be, and are hereby constituted a council to revise all bills about 
 to be passed into laws by the general assembly; and for that- 
 purpose shall assemble themselves from time to time, when the 
 general assembly shall be convened ; for which nevertheless, they 
 shall not receive any salary or consideration under any pretence 
 whatever ; and all bills which have passed the senate and house 
 of representatives shall, before they become laws, be presented 
 to the said council for their revision and consideration ; and if 
 upon such revisal and consideration, it should appear improper 
 to said council, or a majority of them, that the bill should 
 become a law of this state, they shall return the same, together 
 with their objections thereto in writing, to the senate, or house 
 of representatives, (in whichsoever the same shall have origi- 
 nated,) who shall enter the objections set down by the council, 
 at large in their minutes, and proceed to reconsider said bill. 
 But if after such reconsideration the said senate or house of rep- 
 resentatives shall, notwithstanding the said objections, agree to 
 pass the same by a majority of the whole number of members 
 elected; it shall, together with said objections, be sent to the 
 other branch of the general assembly, where it shall also be 
 reconsidered ; and if approved by a majority of all the members 
 elected, it shall become a law." 
 
 In some respects this constitutional provision was of great 
 benefit as preventing a great amount of crude, unconstitutional 
 and contradictory legislation, but it disregarded that great prin- 
 ciple in our republican government, that the three branches of 
 
LEGISLATIVE CONFLICT. 75 
 
 the government must be kept separate and distinct. Practically, 
 three of the supreme judges had a quasi veto power on the acts of 
 the legislature, even when the legislature was sustained by the 
 executive. And in times of political excitement, when a majority 
 of the judges were politically opposed by the majority party in 
 the general assembly, and the executive, the decisions of this 
 court of revision would be attributed to party feeling, and subject 
 the judges to suspicion and abuse. Unfortunately this was the 
 case in the period we are now considering, and although there 
 was nothing in the conduct of the judges to call for, or justify any 
 such treatment, they were, without any show of reason or justice, 
 subjected to such an amount of misrepresentation, denunciation 
 and threats of impeachment, as rendered their position almost 
 unendurable. On several occasions, Judge Lock wood would 
 have retired from his position, but for the earnest entreaties and 
 solicitations of his many friends, irrespective of party lines. As 
 one manifestation of this hostile spirit, the legislature at its ses- 
 sion of 1826-27 reorganized the courts of the state. In the 
 organization of the courts two years before, the state was divided 
 into five circuits, and five circuit judges appointed, leaving to the 
 supreme justices only appellate jurisdiction, with no circuit duties. 
 The session of 1826-27 legislated four of the circuit judges 
 out of office and assigned their circuits to the four supreme judges, 
 thus greatly increasing their duties, and making a change of resi- 
 dence necessary on the part of at least one of them. The 
 reason assigned for this change was economy, which was not 
 then, nor ever has been, accepted as the true reason. And when 
 we consider the duty of these judges, and the small compensa- 
 tion they received, the reason seems to us in these times little 
 short of absurd. The combined salary of all the nine judges 
 was only $6,200. The change saved the state only $2,400, while 
 it proved such an injury to the state in necessary delays and 
 postponement of cases, that in a few years a return to the old 
 system was found necessary. We can hardly avoid the conclu- 
 sion that the change was an effort of a strongly democratic leg- 
 islature to secure the resignation of the "Whig justices. Judge 
 Lockwood was assigned to the northern circuit, and this neces- 
 sitated a change of residence on his part. Accordingly he gave 
 
76 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 up his home in Edwardsville, and in the fall of 1827 removed 
 to Springfield, and the next fall to Jacksonville, where he 
 resided until the spring of 1853. In 1840-41 this controversy 
 between the two branches of government reached its climax^ in 
 which the conduct of the general assembly, and the work it 
 accomplished, form a dark picture in our state history. A 
 review of this matter will bring out the names of some men 
 then young and just entering upon public life, who have since 
 won honorable distinction. The statements here given are taken 
 from Governor Ford's History, who was a lifelong Demo- 
 crat, and at this time in full sympathy with his party, and was 
 personally honored in the legislative action here referred to. 
 Governor Ford's opinion of Judge Smith will be found else- 
 where, but in this immediate connection he gives the following 
 record as to the three Whig judges. " It is due to truth here to 
 say, that Wilson and Lockwood were in every respect amiable 
 and accomplished gentlemen in private life, and commanded the 
 esteem and respect of all good men for the purity of their con- 
 duct, and their probity in official station. Wilson was a Vir- 
 ginian of the old sort, a man of good education, of sound judg- 
 ment, and an elegant writer, as his published opinions will show. 
 Lockwood was a IsTew Yorker. He was an excellent lawyer, a 
 man of sound judgment, and his face indicated uncommon 
 purity, modesty and intelligence, together with energy and 
 strong determination. His face was the true index of his char- 
 acter. Brown was a fine, large, affable and good-looking man, 
 had a tolerable share of tact and good sense, a complimentary, 
 smiling and laughing address to all men, and had been elected 
 and continued in office on the ground that he was believed to be 
 a clever fellow." 
 
 At this time Justices Wilson and Lockwood had rendered 
 themselves obnoxious to the dominant political party by their 
 decision in a case, covering a right of the governor to remove 
 from office the secretary of state. Justice Smith, giving a dis- 
 senting opinion, and Justice Brown withholding his opinion, on 
 account of family connection with the party interested. Thus the 
 whole storm of partisan abuse was turned against Wilson and 
 Lockwood. At this same time, another question of more general 
 
LEGISLATIVE CONFLICT. 77 
 
 importance was agitating the whole state. There were in the 
 state, about 10,000 unnaturalized foreign voters, who under the 
 loose construction of the constitution had exercised all the 
 rights of suffrage of native born citizens. From natural affilia- 
 tion, the Democratic party was sure of nine-tenths of this vote, 
 and an exclusion of it would probably revolutionize the political 
 standing of the state. The circuit judge, in the Galena district, 
 had given a decision implying the illegality of this vote, and as 
 the question must come to the supreme court by appeal, and as 
 a majority of the justices of that court were known to be Whigs, 
 the whole Democratic party was thrown into a great state of 
 alarm and excitement, and the abuse of the judges assumed a 
 corresponding degree of virulence. "What the decision of the 
 judges would be was only a matter of surmise, as they had not 
 expressed an opinion. In fact, it never came before the 
 supreme court in such a form that their decision touched the 
 great question at issue. But the general assembly was in ses- 
 sion, and the danger threatened led the party leaders to a piece 
 of partisan strategy, which Governor Ford calls little short of 
 "revolutionary." This was a reorganization of our judiciary. 
 The state was, at this time, divided into nine circuits, with nine 
 circuit judges. These nine circuit judges were legislated out of 
 office ; the number of supreme judges was increased to nine, and 
 circuit duties assigned to each one of them. As the same legis- 
 lature had the right of appointment, there could be no doubt as 
 to the political complexion of the new court. It would stand six 
 Democrats to three Whigs. But we hear no more of the charge 
 of offensive partisanship from the Democratic side. In their 
 debates and discussions over this question, there was a great 
 amount of hard feeling engendered, and many harsh words 
 spoken. This measure did not have the full support of the 
 Democratic party, and the few men opposed it were denounced 
 in unmeasured terms. In this connection we quote from Gov- 
 ernor Ford: "The fate of some of these Democrats affords a 
 melancholy lesson. They were denounced by their friends and 
 turned over to the Whigs. But, so far as I know, they have ever 
 since been found acting with the party, though they have never 
 been able to recover its confidence. The excitement has gone 
 
78 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 by ; the party itself has been pretty generally convinced, that 
 the system then adopted, ought to be abandoned; that the 
 supreme court ought to be constituted as it was before ; yet 
 these Democrats, many of them, are still under the ban ; so true 
 it is, that in all party matters, a breach of discipline, a rebellion 
 against leaders, is regarded as infinitely more offensive than the 
 mere support of wicked or unwise measures, or opposition to 
 good ones. A party never holds its members to account for 
 supporting the worst sort of measures, or opposing the best ones, 
 unless the leaders have made them the test of fidelity to party ; 
 but woe to him whose conscience . is so tender, that he cannot 
 support, or oppose, the measures decreed by his party ! Woe to 
 him who is guilty of a breach of discipline, or who rebels 
 against leaders ! " 
 
 A brief notice of the newly appointed judges will not be out 
 of place. They were Thomas Ford, Sidney Breese, Walter B. 
 Scates, Samuel H. Treat and Stephen A. Douglas. Three of 
 these, Breese, Treat and Scates, had been circuit judges, and 
 their appointment was a well deserved promotion. For many 
 years they honored their position as judges with unquestioned 
 integrity and marked ability. For Mr. Ford's appointment, 
 some other reason must be found. He held the office for only 
 two years, and was then elected governor of the state. As to 
 Mr. Douglas, we quote from Stuve and Davidson: "He had 
 made a violent attack upon the old judges by a characteristic 
 speech in the lobby, and had furnished McClernand the data 
 upon w r hich the latter denounced the court ; in view of all of 
 which, it seems strange that he had sought and obtained a posi- 
 tion side by side w r ith the gentlemen he had traduced and 
 attempted so much to bring into disrepute. Partisan scheming 
 and the cravings of office could not well go further." And to 
 this it may be added, he was a member of the house of represen- 
 tatives, and the originator of the whole scheme, and its most 
 efficient advocate. During all this controversy, so long as the 
 abuse was confined to lobby speeches, anonymous newspaper 
 articles, and unsigned hand-bills posted around the capital, the 
 justices maintained a dignified silence? But in the heat of 
 debate in the house of representatives, John A. McClernand 
 
LEGISLATIVE CONFLICT. 79 
 
 made a direct attack upon, the justices with specific charges 
 which could not be overlooked. John J. Hardin, also a member 
 of the house, addressed a note to the justices, calling their atten- 
 tion these statements and urging upon them a public denial. 
 To this communication the judges made the following reply, 
 drawn up by Judge Lockwood and signed by all four of the 
 
 justices : 
 
 SPRINGFIELD, Jan. 26, 1841. 
 
 JOHN J. HARDIN, Esq. 
 
 Dear /Sir: Your letter of to-day has just been received, and 
 we proceed to answer it without hesitation. 
 
 In doing so, we can not, however, but express our great aston- 
 ishment at the character of the statement to which you refer. 
 Yon say that Mr. McClernand, a member of the house of repre- 
 sentatives, has asserted in debate : " I am authorized to say, and 
 I do say on my own responsibility, if any such responsibility is 
 needed, that the judges of the supreme court prepared an opinion 
 against the right of foreigners to vote, at the last June term of 
 that court, but on account of objections made by counsel to a 
 mistake in the record, they withheld their opinion, but did so 
 most reluctantly. The opinion has gone abroad that these judges 
 have made the decision, recently delivered, on the subject of the 
 right of foreigners to vote, in order to defeat the bill under con- 
 sideration, and to prevent these judges going on the circuit." 
 
 To this statement we give the most unqualified denial in all its 
 points ; neither of the members of the court having ever prepared, 
 or written, any opinion against the right of aliens to vote at 
 elections. "As to the insinuations, that the decision of any case 
 was made at the time to defeat the judiciary bill, we reply : it is 
 in all its parts equally unjust, and without a pretense for its 
 justification." 
 
 We have thus promptly complied with your request, and we 
 cannot close this communication, without remarking the great 
 injustice done to ourselves, not only by the statement referred to, 
 but the numerous other slanders, which, in our situation, we 
 have no means of repelling. 
 
 We have the honor to be, respectfully your obedient servants, 
 THOS. W. SMITH. WM. WILSON. 
 
 SAMUEL D. LOCKWOOD. THOMAS C. BROWN. 
 
80 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 To meet this denial, Mr. McClernand gave, as authority for the 
 statements made, the name of Stephen A. Douglas, and Mr. 
 Douglas, to meet this pressure brought upon hinf, was compelled 
 to give the name of Thos. W. Smith, the Democratic justice, 
 and substantiated his statement by the certificate of six others of 
 the members of the house of representatives, that they had heard 
 Justice Smith make the same charge against his associates. 
 Stuve says, " There is now no doubt that Smith made the former 
 statement, nor is there any doubt that it was false." 
 
 " As to Judge Smith," says Gov. Ford, " he made nothing by all 
 his intrigues. By opposing the reform bill, he fell out and quar- 
 relled with the leaders of his party. He lost the credit he had gained 
 by being the Democratic champion on the bench, and failed of 
 being elected' to the United States Senate ; and was put back to 
 the laborious^ duty of holding circuit court." He farther adds : 
 " Judge Smith, (I regret to say it of a man that is no more) was 
 an active, bustling, ambitious, and turbulent member of the 
 Democratic party. He had for a long time aimed to be elected 
 to the United States Senate ; his devices and intrigues to this end 
 had been innumerable. In fact, he never lacked a plot to advance 
 himself, or blow up some other person. He was a laborious 
 schemer in politics, but his plans were always too complex and 
 ramified for his power to execute them. Being always unsuccess- 
 ful himself, he was delighted with the mishaps alike of friends 
 and enemies ; and was ever chuckling over the blasted hopes of 
 some one." In this connection it may be added, that in 1833 
 Judge Smith had been impeached by the house of representatives 
 on several charges of gross misdemeanor in office, and only 
 escaped conviction by the senate, by that provision of the consti- 
 tution which required a two-thirds vote of that body to sustain 
 the charges. 
 
 The council of revision did not, of course, approve the judiciary 
 bill, and returned it to the house with their objections clearly and 
 forcibly stated. This document was drawn up by Judge Lock- 
 wood. The bill, however, was repassed, but in the house by a 
 constitutional majority of only one, and that one vote was given 
 by a member who opposed the bill on its first passage, and who 
 immediately after was appointed clerk of the supreme court as 
 
LEGISLATIVE CONFLICT. 81 
 
 newly organized, the five new judges, without any consultation 
 whatever with their associates, turning out the old clerk and 
 putting this new man in his place. The spirit of the general 
 assembly is shown by its treatment of Judge Brown, in assigning 
 the judges to the different circuits. His home was in Shawnee- 
 town, the extreme southern part of the state, where he had 
 resided and held the office of judge since the organization of the 
 state. Now in his old age he was assigned to the Galena circuit. 
 This was done with the hope that it would secure his resignation. 
 This not proving successful, an attempt was made to remove him 
 from office by action of the general assembly on the following 
 charges, signed by several prominent lawyers, specifications as 
 follows : u That he had not the natural strength of intellect, and 
 lacked the legal and literary learning, requisite and indispensable 
 to the high and responsible duties devolving upon him as a 
 judge of the supreme court ; that his opinions delivered in that 
 court were written and revised by others, and that his decisions 
 on the circuit had been the mere echo of some favorite attorney ; 
 and that by nature, education and habit he was wholly unfit for 
 his high position." This stirring language indicated something 
 more than a purpose to solely subserve the public good ; however* 
 the general assembly took no action in the matter. 
 
 These incidents are here recited for the sole purpose of indi- 
 cating, and keeping in mind, the great obligation of the state to 
 Justices "Wilson and Lockwood in maintaining the integrity and 
 high standing of its supreme judiciary, whose reports have ever 
 held a good standing as compared with older and much more 
 favored states. 
 
 This was the most trying period of Judge Lockwood' s life, and 
 for the next seven years, his position was extremely unsatis- 
 factory. His official duties, hitherto burdensome, were largely 
 increased, and required an absence from home the larger part of 
 the year, and during sessions of the supreme court he had to take 
 his place side by side with men who had maligned, slandered 
 and abused him. 
 
84: LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 to suppress and eradicate crime ? It is, gentlemen, a melancholy 
 truth that it does not. Is there, then, no means within the power 
 of man to greatly diminish, if not wholly to suppress, the com- 
 mission of vicious and criminal acts? Yes, gentlemen, much, 
 much can be done in aid of the law to reform society and stay 
 that moral pestilence that wasteth at noonday, which is daily 
 destroying not only the virtue of the community, but both the 
 souls and bodies of men. 
 
 I feel it my duty, gentlemen, to speak candidly and plainly to 
 you on this subject, and my only object is to do good. I trust 
 my motive may be my apology for pressing this subject on you, 
 on myself, on all that hear me. 
 
 The vice that in our country is most predominant, and that is 
 hurrying such great numbers of its votaries into crime, ruin and 
 the grave, is that of intemperance. It is said by St. Paul that 
 the love of money is the root of all evil ; but if the love of money 
 be the root, the love of intoxicating drink, in our day and in our 
 country, has become its most luxuriant arid pernicious branch. 
 The extravagant use of strong drink is not confined to the lowest 
 and basest part of the human family ; it has extended itself into 
 every rank and station of life. We are all more or less subject 
 to its influence. There is no doubt that it is the fruitful source 
 of at least three-fourths of all the crime, disease, misery and ruin 
 with which mankind is afflicted. It is the pestilence that is 
 carrying thousands to an untimely grave. 
 
 The drunkard not only ruins himself for time and for eternity, 
 but he involves in his ruin his innocent wife and children ; and 
 not only so, but he frequently entails upon them disgrace and 
 poverty. A great poet has said : " Every inordinate cup is 
 unblessed and the ingredient a devil." That this is true, hund- 
 reds can testify. Many a miserable man, in swallowing an 
 unnecessary draught of ardent spirits, has, unawares, swallowed a 
 devil, who has instigated him to the commission of a crime, that 
 has not only brought the wretched man to a disgraceful end, but 
 has involved a virtuous family in wretchedness, poverty and 
 contempt. 
 
 S How can this dreadful scourge of our fellow-beings be stayed, 
 be arrested in its dreadful career ? Laws, from sad experience 
 
AN OLD TEMPERANCE LECTUKE. 85 
 
 we have learned, are totally ineffectual. Is there then no rem- 
 edy ? Yes, gentlemen, there is one, and but one remedy that is 
 within our feeble reach; and that is, let every lover of his coun- 
 try, every lover of his neighbor, every well-wisher to morals and 
 religion, in fact every worthy man, set a good example to all 
 around him, by wholly abstaining from the use of ardent spirits. 
 One good example is worth twenty precepts. Preach we never 
 so well, if our life does not conform to our doctrine, who will 
 give heed to our preaching ? If we sincerely wish the reforma- 
 tion of our fellow men, let us all begin the good work at home. 
 Should the officers of goverment, the grand jurors of the respect- 
 ive counties, together with all the well-wishers of society, com- 
 mence the blessed work of reform by refusing to use, and dis- 
 couraging the unnecessary use in others, of ardent spirits, we 
 should shortly witness greater benefits to society than all the 
 wealth that the mines of Mexico could bestow. 
 
 Intemperance would thus give place to peace and good morals 
 in society, which would prevent such a useless waste of time and 
 money. This state of things would soon become a parent of 
 great virtues, such as temperance, prudence, economy and indus- 
 try. Should these virtues greatly predominate in our country, 
 vice would hide its head abashed, and we might hope, without 
 presumption, that crime would almost wholly disappear. With 
 the prevalence of these virtues, most of the pecuniary distresses 
 of men, arising from what is falsely called hard times, would 
 cease. Our fertile soil would then remove poverty from our 
 land. It never has been, and it never will be the case, that the 
 practice of the virtues I have enumerated has not placed those 
 who possessed them above the reach of want and hard times. 
 
 To bring about such happy, such beneficial results, only requires 
 that the well-disposed part of the community should put their 
 shoulder to the wheel of reform ; and others, seeing their good 
 works, will soon be disposed to do likewise. 
 
 Gentlemen, I am not combatting an imaginary evil, would to 
 God I were ! but one of which every court-yard, every election, 
 almost every public gathering, every docket of the court, is preg- 
 nant with evidence as strong as " proof from Holy Writ." 
 
86 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 Unless something is done, and done quickly, too, the disease 
 will be past cure. A people sunk down into the mire of intem- 
 perance presents one of the most disgusting, and at the same time 
 one of the most hopeless cases of human depravity and degra- 
 dation. Let us then awake before the evil becomes too powerful 
 to grapple and overthrow. Every day's delay is teeming with 
 danger to the best interests of our beloved country. That each 
 of us may feel the importance of the subject is my most ardent 
 desire. 
 
 Such clear and vigorous utterances may, in our day, seem 
 quite commonplace ; but it was quite otherwise when this charge 
 was given to the jurors in our state. At that time the use of 
 intoxicating drinks was well nigh universal ; and intemperance 
 was not regarded as a sin, even in the church. The temperance 
 lecturer had not made his appearance and would not have been 
 tolerated in any assembly of the people. 
 
 As an advocate of such total abstinence, Judge Lockwood 
 stood well-nigh alone. Public sentiment, strong and bitter, was 
 on the other side. Bench and bar and authorities in state and 
 church stood united in opposition. To take such a stand required 
 a heroic courage, and indicated a true nobility of character wor- 
 thy of all honor. Happy the state that in the formative period 
 of its history had as its leading justice in its supreme court a 
 man of such integrity and courage. 
 
CHAPTER XL 
 
 THE SLAVERY CONFLICT. 
 
 r I iHERE are few men of the present generation who have any 
 correct idea of the conflict in Illinois over the question of 
 slavery. 
 
 It was a severe and bitter conflict, pervading political, business, 
 social and religious circles, disturbing the courts of justice, and, 
 with wide-reaching results, affecting not only the state, but the 
 whole country. Without exaggeration, it may ba said, Illinois 
 was the battle-ground of freedom for the nation. 
 
 The act of Congress providing for the organization of the 
 Northwest Territory, now celebrated as the Ordinance of 1787, 
 did in words, exclude slavery from Illinois, but practically, this 
 prohibition was in many respects a dead letter. Slavery among 
 the old French settlers existed as an established institution, recog- 
 nized and enforced by French, English and Virginian authorities. 
 The rights of the slaveholders were guaranteed in treaty stipula- 
 tions, and in the cessions made by Virginia to the United States. 
 The ordinance of 1787 disregarded these treaty stipulations, and 
 the courts of the country must decide between the conflicting 
 authorities. In Illinois the lower courts sustained the claims of 
 the slave owners, and on an appeal to the supreme court it was 
 found that that judiciary was equally divided in opinion, Justice 
 Lockwood and one of his associates deciding for freedom, and 
 the other two for slavery, so the appeal failed, and this form of 
 slavery for the time being had the sanction of our courts. 
 
 This condition of things continued till the reconstruction of 
 our judiciary system added five new justices to the supreme 
 court, and a growing public sentiment in opposition to slavery 
 secured the appointment of anti-slavery men to some of the new 
 positions. In 1843 another appeal on this troublesome question 
 was taken to the supreme court, and after a delay of nearly two 
 
 87 
 
$8 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 years, a decision was rendered by a bare majority of the justices 
 sustaining the ordinance of 1787, and virtually giving freedom 
 to all these so-called French slaves. 
 
 In previous chapters we have referred to that form of slavery 
 introduced into the territory by an act relating to indentured and 
 apprenticed servants. Under this system the families coming 
 from southern states were able to retain their domestic servants, 
 and families from the northern states were in many cases com- 
 pelled to countenance and favor this form of servitude, for in no 
 other way could the necessary household help be secured. Under 
 still another form, slavery had gained admission upon our so- 
 called free soil. In 1816 the United States government leased 
 the salt springs in southern Illinois to a private company with a 
 right to employ slave labor to carry on the works. This may 
 seem a trifling matter, but it ignored the ordinance of 1787, and 
 in and around Shawneetown slavery was a recognized institution, 
 and within certain limitations was legalized by the constitution 
 of the state. 
 
 Under these various forms slavery had become a familiar insti- 
 tution, largely regarded as a necessity, and a proposition to give 
 it permanence and a fuller sanction of law by constitutional 
 enactment caused but a slight shock to public sentiment. It 
 would require but little change in our statutes, where these 
 servants were regarded as mere chattels to be bought and sold, 
 taxed and liable to attachment for debt as any other property. 
 
 The current advertisements in the newspapers would not re- 
 quire much change, as witness the following, taken from the 
 " Missouri Gazette " and " Illinois Advertiser." 
 
 FIFTY DOLLARS REWARD 
 
 Will be given to any person who will deliver to me, in Cahokia, 
 a negro boy named Moses, who ran away from me in Cahokia 
 about two months since. He is about sixteen years old, well 
 made, and did belong to Messrs McKnight & Brady, in St. Louis, 
 where he has been since frequently and is supposed to be harbored 
 there, or about there. He had on a hunting shirt when he left 
 me, May 14, 1816. 
 
 JOHN REYNOLDS. 
 
THE SLAVERY CONFLICT. 89 
 
 Rather a novel idea for a fugitive slave to escape from Illinois 
 into Missouri. 
 
 Two years later this John Reynolds was, as we have seen, 
 elected one of the associate justices of our supreme court, and in 
 1830 governor of our state. 
 
 The following is given rather as an index of the times and not 
 of the man, and is taken from the " Illinois Herald," published in 
 Kaskaskia, Oct. 1, 1815. 
 
 NOTICE. I have for sale 22 slaves. Among them are several 
 of both sexes, between the ages of 10 and 17 years. If not 
 shortly sold, I shall wish to hire them in Missouri Territory. I 
 have also for sale a full-blooded stud horse, a very large English 
 bull, and several young ones. 
 
 October 1, 1815. NINIAN EDWARDS. 
 
 Mr. Edwards was at this time the most honored and influential 
 man in the territory, and as governor had taken the solemn oath 
 to sustain the constitution and laws of the United States. 
 Evidently, the ordinance of 1787 was passing into " innocuous 
 desuetude." 
 
 All these considerations in favor of slavery were greatly inten- 
 sified by the admission of Missouri into the Union with its pro- 
 slavery constitution, and there was on all sides an avowed 
 determination to effect a corresponding change in the constitution 
 of Illinois. 
 
 The road from Shawneetown to Kaskaskia was a busy thorough- 
 fare, crowded with emigrants from the older states to the new 
 and richer territories. These in-comers could be divided into two 
 classes. There were the poor whites, mostly from Tennessee, with 
 their meager outfit, lazy habits and low aspirations, seeking cheap 
 homes in Illinois ; and there were the wealthy planters with their 
 well-provided equipage, with household effects and family ser- 
 vants, passing through Illinois to the state beyond with its more 
 favored institutions. Ignorance and poverty were seeking a home 
 in Illinois, while wealth, refinement, business activity and enter- 
 prise were passing through on its thoroughfares to regions beyond. 
 
 Such was the view of the case presented by the advocates of 
 slavery, and to their minds demanded an immediate change in 
 
88 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 years, a decision was rendered by a bare majority of the justices 
 sustaining the ordinance of 1787, and virtually giving freedom 
 to all these so-called French slaves. 
 
 In previous chapters we have referred to that form of slavery 
 introduced into the territory by an act relating to indentured and 
 apprenticed servants. Under this system the families coming 
 from southern states were able to retain their domestic servants, 
 and families from the northern states were in many cases com- 
 pelled to countenance and favor this form of servitude, for in no 
 other way could the necessary household help be secured. Under 
 still another form, slavery had gained admission upon our so- 
 called free soil. In 1816 the United States government leased 
 the salt springs in southern Illinois to a private company with a 
 right to employ slave labor to carry on the works. This may 
 seem a trifling matter, but it ignored the ordinance of 1787, and 
 in and around Shawneetown slavery was a recognized institution, 
 and within certain limitations was legalized by the constitution 
 of the state. 
 
 Under these various forms slavery had become a familiar insti- 
 tution, largely regarded as a necessity, and a proposition to give 
 it permanence and a fuller sanction of law by constitutional 
 enactment caused but a slight shock to public sentiment. It 
 would require but little change in our statutes, where these 
 servants were regarded as mere chattels to be bought and sold, 
 taxed and liable to attachment for debt as any other property. 
 
 The current advertisements in the newspapers would not re- 
 quire much change, as witness the following, taken from the 
 " Missouri Gazette " and " Illinois Advertiser." 
 
 FIFTY DOLLARS REWARD 
 
 Will be given to any person who will deliver to me, in Cahokia, 
 a negro boy named Moses, who ran away from me in Cahokia 
 about two months since. He is about sixteen years old, well 
 made, and did belong to Messrs McKnight & Brady, in St. Louis, 
 where he has been since frequently and is supposed to be harbored 
 there, or about there. He had on a hunting shirt when he left 
 me, May 14, 1816. 
 
 JOHN REYNOLDS. 
 
THE SLAVERY CONFLICT. 89 
 
 Rather a novel idea for a fugitive slave to escape from Illinois 
 into Missouri. 
 
 Two years later this John Reynolds was, as we have seen, 
 elected one of the associate justices of our supreme court, and in 
 1830 governor of our state. 
 
 The following is given rather as an index of the times and not 
 of the man, and is taken from the " Illinois Herald," published in 
 Kaskaskia, Oct. 1, 1815. 
 
 NOTICE. I have for sale 22 slaves. Among them are several 
 of both sexes, between the ages of 10 and 17 years. If not 
 shortly sold, I shall wish to hire them in Missouri Territory. I 
 have also for sale a full-blooded stud horse, a very large English 
 bull, and several young ones. 
 
 October 1, 1815. NINIAN EDWARDS. 
 
 Mr. Edwards was at this time the most honored and influential 
 man in the territory, and as governor had taken the solemn oath 
 to sustain the constitution and laws of the United States. 
 Evidently, the ordinance of 1787 was passing into " innocuous 
 desuetude." 
 
 All these considerations in favor of slavery were greatly inten- 
 sified by the admission of Missouri into the Union with its pro- 
 slavery constitution, and there was on all sides an avowed 
 determination to effect a corresponding change in the constitution 
 of Illinois. 
 
 The road from Shawneetown to Kaskaskia was a busy thorough- 
 fare, crowded with emigrants from the older states to the new 
 and richer territories. These in-comers could be divided into two 
 classes. There were the poor whites, mostly from Tennessee, with 
 their meager outfit, lazy habits and low aspirations, seeking cheap 
 homes in Illinois ; and there were the wealthy planters with their 
 well-provided equipage, with household effects and family ser- 
 vants, passing through Illinois to the state beyond with its more 
 favored institutions. Ignorance and poverty were seeking a home 
 in Illinois, while wealth, refinement, business activity and enter- 
 prise were passing through on its thoroughfares to regions beyond. 
 
 Such was the view of the case presented by the advocates of 
 slavery, and to their minds demanded an immediate change in 
 
90 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 our institutions, or Illinois would be given up to ignorance and 
 poverty. 
 
 There were no insuperable obstacles in way of such a change. 
 It was provided in the cession made by Virginia, that the North- 
 west Territory should be divided into states, to be admitted into 
 the Union with all the rights of sovereignty belonging to the origi- 
 nal states, and no one doubted that that sovereignty included the 
 control of its own domestic institutions. The constitution of 
 Illinois made it the duty of the general assembly, whenever two- 
 thirds of its number should think it necessary to alter or amend 
 the constitution, to recommend to the electors at the next election 
 of members to the general assembly to vote for or against a 
 convention for such purpose, and if it shall appear that a majority 
 of all the citizens voted for a convention, the general assembly 
 shall at their next session call one, to be held in time and manner 
 specified. Under this provision of the constitution, the plans of 
 the pro-slavery party soon took definite shape. 
 
 The conflict is to be over this question convention, or no con- 
 vention ; and the contestants are to be known as convention or 
 anti-convention men. Convention means a new constitution 
 legalizing slavery. Anti-convention means a condemnation of 
 slavery, and a pledge of its entire removal from the state. 
 
 There are evidently two great battles to be fought, and the 
 convention party must win them both, or fail. It must secure a 
 two-thirds majority in the next general assembly to order a 
 popular vote on the convention question, and in that popular vote 
 must secure a majority in favor of the convention. 
 
 Previous to these great battles, however, there are some pre- 
 liminary skirmishes worthy of notice. 
 
 At first all the official positions in the state were held by pro- 
 slavery men. If Governor (at this time Senator) Edwards be 
 claimed as an exception, it must be said of him, that he was a 
 slaveholder, as senator had favored the admission of Missouri to 
 the Union, and had the support of the pro-slavery party. 
 
 Mr. Flower, writing from personal knowledge, thus sums up 
 the case : " Our influential men and all who held office, from 
 the governor to the constable, were from slave states. Every 
 sheriff and every clerk of the county were pro-slavery men. 
 
THE SLAVERY CONFLICT. 91 
 
 Every lawyer and all our judges were from slave states and pro- 
 slavery. I know of but one exception in the whole bar that 
 attended our courts, and that was Samuel D. Lockwood." 
 
 The first skirmish was in the general assembly of 1820-21, 
 where this solid official front was broken by the election of 
 Samuel D. Lockwood to the office of attorney general. This 
 skirmish was not a trifling matter, and the result was of much 
 more importance than is indicated in any history. There were 
 three prominent candidates representing three different views of 
 this slavery question. One, the ultra extreme sentiment slavery 
 right in itself, a divine institution necessary for the happiness and 
 prosperity of the state. One, more conservative, slavery an 
 existing institution, right under existing circumstances, an evil 
 perhaps, but an evil to be made the best of. The other, outspoken 
 in the sentiment, slavery is an evil and a curse, and must be 
 kept out of, and exterminated from our grand and noble state. 
 Each candidate, of course, had his own friends, and such personal 
 considerations had to some extent their influence, but the trial 
 w r as on the main issue. There were forty-two members of the 
 assembly present, and of these Mr. Lockwood had the constant 
 and steady support of just one-third, indicating probably the real 
 strength of the anti-slavery party. The other two-thirds were 
 divided and unsettled in their action, and in the strife, got angry 
 with each other. Eighteen ballots were taken on Tuesday with- 
 out reliable gain by either party, and the question was postponed 
 till the next Saturday, when on the third ballot Mr. Lockwood 
 received twenty-three votes, and strange as it may seem, gained 
 this outside support from the ultra pro-slavery faction. 
 
 This was the first rally of the anti-slavery forces. It secured 
 a party organization and a recognized leader, and the victory 
 was an inspiration in all the coming conflict. 
 
 The second skirmish was of like import, though on a much 
 broader field. This was the election of Edward Coles in August, 
 1822, as the second governor of the state. This was one of the 
 most wonderful incidents in our political history, state or national. 
 The convention party, now well organized, was confident of a 
 two-thirds majority in the state, and was undoubtedly correct in 
 this opinion. Still the opposition was not disposed to surrender 
 
92 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 without a conflict. Its adherents would make the best fight 
 possible. For this purpose, they nominated a full state ticket 
 with Edward Coles at its head, as candidate for governor. Mr. 
 Coles was probably the one man in the state most obnoxious to 
 the- convention party. A Yirginian of marked ability, and 
 eminent standing in his native state, with ample means and most 
 advantageous family and social connections, he had turned his 
 back upon his old home, and the most flattering prospects, simply 
 on account of his conscientious opposition to slavery. He had 
 emancipated his slaves, brought them with him to Illinois and 
 provided for their comfortable support. This was a trumpet 
 blast for freedom whose echoes would not cease. This was like 
 the voice of the prophet crying in the wilderness, which could 
 not be silenced, and as in the olden times, there were not a few 
 who would gladly have his head, politically at least, brought to 
 them in a charger. 
 
 The convention party had nominated Chief Justice Joseph 
 Philips as its candidate; a man of good standing with the 
 people, and there seemed nothing in the way of his triumphant 
 election. But for some unaccountable reason a fraction of the 
 party became alarmed at some indications of opposition to 
 Judge Philips, and in the panic, nominated a third candidate, 
 Judge Thomas C. Brown, who, they thought, would absorb the 
 opposition against Philips, and draw many from the support of 
 Mr. Coles. 
 
 The result was a surprise to all parties, and an earthquake 
 shock to the convention leaders. Judge Brown drew a large 
 vote to himself, but to the wonder of all, he drew it from 
 Philips, and not from Coles. The figures of the election furnish 
 an interesting study. A fourth candidate, Gen. James B. 
 Moore, received a small support. The figures stand as follows : 
 Coles, 2,810; Moore, 522; Philips, 2,760 ; and Brown, 2,543 ; an 
 aggregate of 8,635 votes ; showing that Edward Coles had a plu- 
 rality of only fifty votes over Judge Philips, and was elected 
 governor with less than a one-third popular vote in his favor. 
 - This result must be regarded as providential. The God of 
 battles was on the side of freedom in Illinois. This victory 
 gave to the anti-convention party a commander-in-chief, a true 
 
THE SLAVERY CONFLICT. 93 
 
 nobleman, in every way well qualified to organize and strengthen 
 his party. 
 
 Governor Coles, as one of the first acts of his administration, 
 appointed Samuel D. Lockwood secretary of state, this being 
 the only official position he had the right to fill. Thus these two 
 leaders in the anti-slavery cause were brought together and most 
 closely associated in friendship and zeal in a noble cause. They 
 were about the same age, with considerable experience in public 
 affairs, both unmarried, and at liberty to give their undivided 
 attention to the great interests at stake. 
 
 So now the two great parties are well organized and ready for 
 the conflict. The first battle is to be in the general assembly, 
 where the preliminary steps for a convention must be taken. 
 The members of this body have just been elected, and the con- 
 vention men are confident that they have secured the requisite 
 two-thirds majority in each house. But there are some doubtful 
 members who may be won over by this or that side, and some 
 shaky members who must be supplied with nerve and backbone, 
 and the contestants have abundant scope for the exercise of their 
 powers. 
 
 On the meeting of the general assembly it is soon ascertained 
 that the convention party has more than a two-thirds majority in 
 the senate, but to its surprise and present discomfiture, lacks one 
 of the requisite number in the house ; but the party is too strong, 
 too full of bitter zeal, and too unscrupulous in its methods to yield 
 the point. An attempt is first made to have the question decided 
 in a joint meeting of the two houses, where a surplus in one 
 house w r ould supply the deficiency in the other, but the words of 
 the constitution are too definite on this point. There must be a 
 two-thirds majority in each house. 
 
 The convention party in the extremity resorts to a piece of 
 downright rascality for which no excuse or palliation has been 
 given. A man by the name of Hanson had been elected to the 
 house of representatives in Pike county, but for some reason, 
 now unknown, his claim to the seat was contested by a man 
 named Shaw. Early in the session, Hanson's claim was con- 
 firmed, and Shaw gave up the case and went home. It was 
 soon after ascertained that Hanson would not vote in favor of a 
 
94 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 convention, and in this he stood firm against all the promises, 
 threats and influences of the convention party. Whereupon, 
 that party decided that Hanson's seat was vacant, and recalled 
 Shaw and placed him in it. This gave the party the requisite 
 two-thirds majority. Thus the first great victory was won for 
 slavery. 
 
 The exultation of the party knew no bounds. Yandalia 
 became the scene of the wildest confusion ; evidently the popu- 
 lace was pretty much on that side. The anti-convention men 
 were insulted and abused. Governor Coles and Secretary 
 Lockwood were made the objects of special animosity. Their 
 lives were threatened, and the demand was made that they 
 should resign their offices, which they held against the wishes of 
 a large majority of the people. But the end was not yet, and 
 these violent and lawless measures of the convention men dis- 
 turbed and alarmed the more conservative of their party, and 
 led to quite a reaction in public sentiment. 
 
 There was yet another battle to be fought, and there wasV 
 ample time to prepare for it. The last appeal must be to the 
 people, and the question be decided by a popular vote on the 
 simple issue, convention or no convention. Could this vote be 
 taken at once, there could be no doubt as to the result. The 
 slave power would be triumphant, but the vote cannot be taken 
 until the next general election, which will not be till August, 
 1824, nearly eighteen months in the future. Here is time and 
 opportunity f or work. What may not be accomplished in that 
 interval ? It is a grand crisis. The issue between slavery and 
 freedom could not be more sharply set. The soul not stirred by 
 it must be sluggish indeed. Each party girds itself for the con- 
 flict. Speedy, persistent, continuous effort is the watchword for 
 the time. At first, the advantage seems to be altogether on the 
 side of the convention party. It includes most of the wealth, 
 social and political influence, and official patronage in the state, 
 and is strengthened by almost all the outside sympathy, as our 
 social and commercial relations are almost solely with the south. 
 Funds are needed for honorable campaign purposes. Conven- 
 tion members in the general assembly by resolution tax them- 
 selves, and try to force collection. Each anti-convention member 
 
THE SLAVERY CONFLICT. 95 
 
 voluntarily contributes fifty dollars to the cause. Governor 
 Coles comes forward nobly and consecrates his whole four years' 
 salary, $4,000, to the work. Mr. Lockwood resigns his position 
 as secretary of state, with its meager fees, and accepts the office 
 of receiver of public moneys and devotes the surplus income to 
 the grand enterprise. Many others respond with equal liberality. 
 Organization is needed. The convention men form secret clubs, 
 with passwords and private signals. The anti- convention men 
 organize societies, and hold public meetings with one avowed 
 purpose Illinois for freedom. The influence of the press must 
 be secured. 
 
 There are several papers in the state. The " Illinois Intelli- 
 gencer" at Yandalia, the "Illinois Republican" at Edwards- 
 ville, and the " Republican Advocate" at Kaskaskia are under 
 the control of pro-slavery men, and are the organs of that party. 
 A few of the anti-convention men secure the " Spectator " at 
 Edwardsville, with Hooper Warren as editor, and Samuel D. 
 Lockwood, Wm. H. Brown and Thomas Lippincott as financial 
 managers. Others soon after start the " Illinois Gazette " at 
 Shawneetown, under the management of Henry Eddy, and later 
 on *in the campaign, David Blackwell buys out the "Illinois 
 Intelligencer," and then ably conducts it in opposition to the 
 convention scheme. / 
 
 The country is flooded with pamphlets, circulars and hand- 
 bills, appealing to the people on every phase of the question. 
 The public speaker of course has his place, and eloquent appeals 
 are made from platform and pulpit, from stump and rostrum. 
 
 The names of the leaders and distinguished actors cannot here 
 be given. The division was not along sectional lines. The 
 strongest man on the side of freedom was the Virginian, Gov. 
 Coles ; and one of the most influential men on the other side 
 was Elisha Kent Kane, of New York, a northern man with 
 southern principles, soon to be rewarded with a seat in the 
 United States Senate, and his name given to posterity in our 
 county nomenclature. In one important particular the anti- 
 convention party had the advantage. It was a thoroughly united 
 party, controlled by men of strong convictions in full sympathy 
 with each other. The leaders of the other party were politicians, 
 
96 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 with personal political aspirations, envious and distrustful of 
 each other, and not unfrequently estranged by personal animosi- 
 ties. Thus for a year and a half the conflict waged, always 
 earnest, at times fierce and bitter. Gov. Reynolds, an active 
 convention man, and well acquainted with all the men and 
 measures of both parties, thus sums up the case : " The conven- 
 tion question gave rise to two years of the most furious and 
 boisterous excitement and contest that ever was visited on Illinois. 
 Men, women and children entered the arena of party warfare 
 and strife, and the families and neighborhoods were so divided 
 and furious and bitter against one another, that it seemed a reg- 
 ular civil war might be the result. The leaders of the conven- 
 tion party were Gov, Bond. Kane, McLean, Judge Philips, A. 
 P. Field, Joseph A. Eeaird, Kobison, Smith, Kinney, West, K. M. 
 Young and others. The opposition was headed by Gov. Coles, 
 Rev. J. M. Peck, Judge Lockwood, Daniel P. Cook, JnrW 
 Pope, Gov Edwards, Morris Birkbeck, David Black well, Hooper 
 Warren, Henry Eddy, Geo. Forquer. Geo. Churchill and others. 
 
 u I believe the most influential and energetic public men were 
 on the side of the convention, but the opposition was better 
 organized and trained in the cause. The facts and arguments 
 were the strongest on the merits of the subject in opposition to 
 slavery, which had its effect in such long discussions before the 
 election. The question, as it was familiarly called at the time, 
 united the various denominations of religion which had never 
 before acted together. The opposition to the convention labored 
 with more enthusiasm and devotedness to the cause than the 
 other side, and organized better and sooner. The opposition 
 succeeded by 1,800 votes majority, and thus ended the most 
 important and the^ most excited election that was ever witnessed 
 in the state." 
 
 The full vote stood 4,972 for the convention, and 6,640 against 
 the convention, showing that each party brought out its full 
 strength. 
 
 The victory thus nobly won was not for Illinois alone. In 
 Indiana there were the same influences at work to make that a 
 slave state, and both parties there watched with intense interest 
 
THE SLAVERY CONFLICT. 97 
 
 the conflict in Illinois, and had the slave power succeeded in 
 Illinois, it would undoubtedly have done so in Indiana. 
 
 The Edwardsville "Spectator," of August 10, thus announces 
 the victory : " 'Tis done ! The long agony is over ! and Illinois 
 still reposes in the arms of legitimate freedom. 
 
 "The returns of the election, though but partially received, 
 show that the friends of freedom have triumphed by a decisive 
 and overwhelming majority over the friends of slavery the 
 disturbers of the peace of the state, and conspirators against the 
 tranquillity and harmony of the Union. 
 
 " Upon this event, so auspicious to our future prosperity and 
 happiness, every true lover of his country will rejoice. The 
 religious and moral part of the community who have buffeted 
 the storm, may congratulate themselves upon the consummation 
 and happy termination of their benevolent labors ; and they will 
 consider themselves as amply compensated for the personal vio- 
 lence and scurrilous ravings which they have experienced from 
 the pimps of an aristocratic junto." 
 
 The noise of the conflict has long since died away, and the 
 actors in it all rest from their labors, but a grateful people should 
 always remember that freedom in Illinois was secured, not by 
 the ordinance of 1787, but by the persistent energy, the noble 
 faith, and heroic enthusiasm of our honored fathers of the 
 present century. 
 
CHAPTEE XII. 
 
 THE CONSTITUTIONAL CONVENTION OF 1847. 
 
 THE reorganization of the judiciary did not prove satisfac 
 tory, even to the men who had forced the measure through 
 the general assembly. Judges Ford and Douglas soon resigned. 
 There was danger of a political squabble over every new 
 appointment. The Democrats had secured a majority of the 
 judges, but the obnoxious features of the old constitution still 
 remained. There seemed to be a general demand for a conven- 
 tion to alter and amend the old constitution. The Democratic 
 leaders and papers earnestly advocated this measure, as they 
 were confident of such a majority in the convention as would 
 enable them to frame a constitution to suit themselves. The 
 Whigs did not oppose the measure, as they hoped some things 
 would be made better, and certainly matters could not be made 
 worse. Thus, the call for a convention was carried by a very 
 large majority. The special election for delegates to this con- 
 vention was fixed for the third Monday of April, 184:7, which 
 convention was to meet in Springfield on the first Monday in 
 June following. As a general thing, the election was conducted 
 on strict party lines, but to this was one noteworthy exception. 
 Morgan county was entitled to four delegates, and Judge Lock- 
 wood's standing among his friends and neighbors, irrespective of 
 party, connected with his eminent fitness for the position, first 
 suggested his nomination by a popular convention, and finally 
 resulted in a joint convention of both parties, with the agree- 
 ment that each party should name two of the delegates, and 
 thus all four receive the full vote of both parties. It was a 
 plan well worthy of imitation. Judge Lock wood and his asso- 
 ciates, Wm. Thomas, James Dunlap and Newton Cloud, took 
 their seats in the constitutional convention committed to no 
 party platform, and backed by the whole vote of Morgan 
 
 98 
 
THE CONSTITUTIONAL CONVENTION. 99 
 
 county. These facts gave them a pre-eminent position. Newton 
 Cloud was elected presiding officer of the convention, and the 
 others assigned prominent positions. Judge Lockwood's long 
 residence in the state, familiarity with all its institutions, and 
 eminent official service in various departments, made him, 
 perhaps, the most influential man in the convention in all mat- 
 ters which were not made strictly party issues. He was not in 
 favor of an election of the judges by the people, or of the lim- 
 ited term of office, but the majority against him was too large 
 and too decided for any opposition. The minutes of the con- 
 vention give no fair representation of Judge Lockwood's work 
 or influence in it. He made no speeches, took little part in 
 debates, and his constant practice was to request others to offer 
 resolutions drawn up by himself with great care. He was chair- 
 man of the committee on the executive department, and that 
 branch of the new constitution may be regarded as his work. In 
 the article on lieutenant governor, a recurrence of the " Hubbard- 
 Coles" controversy was rendered impossible, by limiting the 
 time in which the lieutenant governor could hold the office of 
 governor. 
 
 There were two things, which the Whigs in the convention 
 were especially anxious to accomplish. First, to limit the right 
 of suffrage to citizenship; the other, the adoption of some 
 article in the constitution that would save the state from the dis- 
 grace of repudiation. The old constitution gave the right of 
 suffrage, with some restrictions, to every white male inhabitant, 
 placing aliens and native born-citizens on the same footing. 
 We have seen that it was an apprehension that the supreme 
 court would in some way limit this right of suffrage, that led to 
 the reorganization of the judiciary of the state. Now, the con- 
 troversy was transferred to the convention, where each party 
 could freely show its hand, and make an honorable fight. 
 Practically, the contest was over a single word, the substitution 
 of citizen for inhabitant. Contrary to general expectation, the 
 Whig party won the victory. The right of suffrage was limited 
 to native-born and naturalized citizens. This was the first 
 defeat of the Democratic party in our state history. The 
 second point referred to, related to the payment of the state 
 
100 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 indebtedness. By a course of very unwise legislation the state 
 had been burdened with a large debt, on which, for several 
 years, it had been unable to pay the interest. This was a time 
 of general financial embarassment. Governor Ford says : 
 " There was not gold and silver enough in the state to pay one 
 year's interest on its indebtedness." Moreover, the money bor- 
 rowed had been foolishly squandered in wild schemes of internal 
 improvement, of really 110 benefit. Under these circumstances, 
 the state had not only repudiated its debt, by failing to provide 
 for its interest, but there had grown up in the state quite a large 
 party in favor of open repudiation of the whole debt, to the dis- 
 grace of the state and the ruin of its credit. 
 
 There were many wise and good men in the convention who 
 realized that this great question must be met and settled here. 
 The following article was. introduced into the constitution : 
 "There shall be annually assessed and collected a tax of two 
 mills upon each dollar's worth of taxable property to be applied 
 as follows, to wit : The fund so created shall be kept separate, 
 and shall annually, on the first day of January, be apportioned 
 and paid over pro rata upon all such state indebtedness, other 
 than the canal and school indebtedness, as may, for that pur- 
 pose, be presented by the holders of the same, to be entered as 
 credits upon, and, to that extent, in extinguishment of the prin- 
 cipal of that indebtedness." 
 
 The controversy over this question was not on strict party 
 lines. The Whigs, however, were with scarcely an exception, 
 in favor of it, and it was finally adopted against a strong oppo- 
 sition, and only with the proviso that this article of the constitu- 
 tion shall by itself be submitted to a vote of the people, and this 
 popular vote may be taken as indicating the feeling of the people 
 on this matter. It stood 41,017 in favor of the provision, to 
 30,586 against it. This action of the convention, thus ratified 
 by the popular vote, proved the redemption of the state. Repu- 
 diation was itself repudiated, and the credit of the state estab- 
 lished on such a basis that it could not be shaken. To this measure 
 Judge Lockwood gave his most earnest, untiring support. The 
 idea of repudiation was a shock to his keen sense of honor and 
 integrity, and his efforts were in the most efficient direction ; that 
 
THE CONSTITUTIONAL CONVENTION. 101 
 
 was, by personal influence to secure the votes of many who seemed 
 doubtful and undecided. "When we consider his high standing 
 in all parties, the confidence he had won among all classes, and 
 his earnest appreciation of the condition of things, we may know 
 that his influence was great, but the state may never know how 
 much it was indebted to him. The minutes of the convention 
 show Judge Lockwood's connection with several other articles of 
 the constitution. Those relating to gambling, and prohibiting 
 lotteries, and the sale of lottery tickets, originated with him; 
 also the one relating to land sold for taxes, with reference to 
 which we here quote from Stuve and Davidson: " Regarding tax 
 titles, the law of 1839 was one of peculiar hardship, rendering 
 their defeasance most difficult by throwing the onus probandi 
 as to any irregularity in the manner of acquring them upon the 
 real owners of the land. A deed was prima facie evidence that 
 the land was subject to taxation ; that the taxes were unpaid ; 
 that the lands were unredeemed ; that it had been legally adver- 
 tised ; that it was sold for taxes ; that the grantee was the pur- 
 chaser ; and that the sale was conducted in the manner required 
 by law. It was possible for a man to lose title to his land, 
 although residing on it and having paid the taxes. All this was 
 radically changed by section 4, article 9, of the new constitution, 
 introduced by Judge Lockwood, the requirements of which the 
 courts have construed strictly, and it may well be inferred that 
 since then, not many tax titles have stood this ordeal of the 
 organic law." 
 
 This review of the convention would not be complete without 
 reference to one feature of the new constitution, which is worthy 
 of special notice. The Christian sentiment of the country has 
 for years grieved over the fact that there is no mention of God 
 in our national constitution ; that in the fundamental law of the 
 land there is no recognition of the Supreme Lawgiver of the 
 universe; no acknowledgment of dependence upon Him who 
 guides in the affairs of men and nations. We are accustomed to 
 regard our fathers as a generation of devout, God-fearing men, 
 and can account for this omission only on the ground of inad- 
 vertent oversight. In the first constitution of our state there is 
 the same omission, but not, however, to be explained in the same 
 
102 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 way. The matter was brought directly to the attention of the 
 convention of 1818 by a petition from a religious sect called Cov- 
 enanters, asking for some recognition of God and the Christian 
 religion in the state constitution. The petition was disregarded, 
 and the Covenanters refused to take part in any elections, or hold 
 any office under the new government. This resolution they 
 adhered to until the slavery conflict of 1824, when the sect gave 
 its solid vote for freedom. In the new constitution there would 
 have been the same omission, but for the interposition of one 
 man. The minutes of the convention show no reference to the 
 subject until near the close of its session, when we find the fol- 
 lowing action : " On motion of Mr. Thomas, the preamble was 
 amended by substituting for it the following: ' We, the people 
 of the state of Illinois, grateful to Almighty God for the civil, 
 political and religious liberty which He has so long permitted us 
 to enjoy, and looking to him for a blessing upon our endeavors 
 to secure and transmit the same, unimpaired, to succeeding gene- 
 rations, in order to form a more perfect government, establish 
 justice, insure domestic tranquillity, provide for the common 
 defense, promote the general welfare, and to secure the blessings 
 of liberty to ourselves and our posterity, do ordain and establish 
 this constitution for the state of Illinois.' ' : 
 
 This was Judge William Thomas of Jacksonville, and he has 
 repeatedly, and in various ways, publicly stated that this amend- 
 ment did not originate with him ; that he simply in his place, as 
 chairman of the committee on final revision, offered this resolu- 
 tion at the request of Judge Lockwood. In a letter to the 
 writer under date of January 1, 1886, he gives the following 
 particulars : " A few days before final adjournment of the Illi- 
 nois Constitutional Convention of 1847, Judge Lockwood, one 
 of the delegates from the county of Morgan, called on me, say- 
 ing he had been engaged preparing an additional section to be 
 adopted as a part of the constitution, and he desired my assist- 
 ance in securing its adoption. Then referring to the dissatisfac- 
 tion felt by various Christian sectg with the old constitution, 
 because there was no recognition of God in it, he requested me 
 to offer at the proper time, the following amendment to the pre- 
 amble of the constitution." (Here follows the amendment- as 
 
THE CONSTITUTIONAL CONVENTION. 103 
 
 given above.) And Judge Thomas adds : " On the morning 
 before the convention adjourned, I moved for leave to offer an 
 additional section, to which, I said. I know there will be no objec- 
 tion; leave was given, and I read the section and put the ques_ 
 tion of adoption, and it was adopted without a dissenting voice." 
 Judge Edward P. Kirby, of Jacksonville, thus writes to Judge 
 Thomas in reference to this matter : " I have looked over your 
 reminiscences of Judge Lockwood's preamble to the constitution 
 of 1848, and think it ought certainly to be published. I have 
 often admired both its spirit and mode of expression, but never 
 knew before who was its author." 
 
CHAPTEE XIII. 
 
 / 
 
 RETIREMENT FROM OFFICE. 
 
 T "TENDER the new constitution the terms of office for the 
 vJ judges expired the first Monday of December, 1848, and 
 on that day, Judge Lockwood retired from the position he had 
 filled with so much honor to himself and the state for twenty- 
 four years. He had been urgently solicited by prominent men 
 in the Whig party, and many others, to allow his name to be 
 used as a candidate for one of the judgeships under the new 
 organization, but he firmly declined all such proffered honors. 
 He knew the contest would be a party one, carried on with a 
 good deal of partisan feeling. He was constitutionally averse to 
 everything of that kind. He had steadily opposed this elec- 
 tion of judges by the popular vote, and aside from the seeming 
 inconsistency of taking office under a system he had on all 
 occasions opposed, he knew this fact would be used against him 
 and the party with which he was affiliated. There was, more- 
 over, another reason of a private nature, perhaps stronger than 
 all the others. He had for years given his whole time to his 
 official duties, on a meager salary, which with strict economy 
 barely covered current expenses, and the necessities of his family 
 now demanded that he should give his attention to his own pecu- 
 niary affairs. The salaries under the new organization were no 
 improvement on the old, and were unchangeably fixed while 
 that constitution remained in force. This attempt at economy 
 led to a system of official corruption in all branches of the gov- 
 ernment which forms a dark picture in our state history. Judge 
 Lockwood, with many others, had opposed these measures in the 
 convention, foreseeing some of the evils that would result, but 
 the mania for economy was irresistible. 
 
 On retiring from the bench Judge Lockwood received from 
 every circuit where he had held courts, letters of appreciation 
 and regret, of which we here give a few samples. 
 
 104 
 
RETIREMENT FROM OFFICE. 105 
 
 HON. SAM'L D. LOCKWOOD: 
 
 Dear Sir, As you are about to retire from the bench, we 
 can not feel satisfied to let the occasion pass, without expressing 
 the cordial sentiments of regard, which we entertain toward you, 
 in consideration of the intelligent, impartial and satisfactory 
 manner in which you have discharged your arduous duties. 
 And in doing this, we express the uniform sentiment of the 
 county of Scott ; if there be individual exceptions, it is on the 
 part of those whose good opinion can not be gained by virtuous 
 action. 
 
 Those of us who are members of the Bar owe you a thousand 
 acknowledgements for the kind manner in which, in the infancy 
 of our practice, you extended to us the hand of assistance, and 
 helped us along the path so rugged to the young practitioner at 
 the Bar. For this we thank you. Our best wishes will attend 
 you through life. 
 
 We take this private method of addressing you as we presume 
 it will be more grateful to your feelings than any public demon, 
 stration. Respectfully and gratefully yours, 
 
 N". M. KNAPP. 
 
 J. H. BERRY. 
 
 L. HARLAN. 
 
 B. EDMONSON. 
 
 E. B. KIRBY. 
 WINCHESTER, OCT. 7, 1848. H. CASE. 
 
 STATE OF ILLINOIS ) ~ 
 
 \ CIRCUIT COURT. 
 COUNTY OF JERSEY, ) 
 
 SEPTEMBER TERM, 1848. 
 
 At a meeting of the Bar and officers of the court, held upon the 
 13th day of September, of the present term, A. W. Cavarly, 
 Chairman, stated the object of the meeting to be, to unite in 
 some demonstration of respect to the Hon. Samuel D. Lockwood, 
 the present judge of the court, whose term of office was about to 
 expire ; whereupon the following preamble and resolutions were 
 passed unanimously : 
 
 " Whereas, The Honorable Samuel D. Lockwood will shortly 
 retire from the station which he has so long and eminently 
 adorned ; therefore 
 
106 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 "RESOLVED, That the members of the Bar cannot let the 
 occasion pass without expressing their profound respect for the 
 purity of his life, and their admiration for his distinguished 
 learning and talents as a jurist. 
 
 " RESOLVED, That in the contemplated retirement of Judge 
 Lockwood from the public service we will take leave of him with 
 unfeigned regret. The uniform courtesy and urbanity which have 
 ever characterized his intercourse with the Bar and the people, 
 his learning, dignity, impartiality and strict honesty as a judge, 
 have endeared him to us all ; and in bidding him farewell, we 
 tender to him the ardent wishes of our hearts, that his future 
 days to a good old age may be unclouded and serene. 
 
 " RESOLVED, That whilst the memory of the pleasant intercourse 
 betwixt Judge Lockwood and the Bar of the Circuit Court must, 
 in a great measure, pass away with the lives of its members, we 
 rejoice that opinions delivered by Judge Lockwood as a justice 
 of the Supreme Court, of which he has long been a distinguished 
 member, constitute a monument to his ability and learning as a 
 judge, upon which the Bar of Illinois will ever look with 
 respect and admiration. 
 
 " RESOLVED, That these proceedings be signed by the chair- 
 man and secretary, and a copy of the same be presented to 
 Judge Lockwood, and a like copy to the court, with a request 
 that they be spread upon the record, and that they be published 
 in the different newspapers of the Circuit." 
 
 A. W. CAVARLY, Chairman. 
 
 W. K. TITCOMB, Serfy. 
 
 At a meeting of the Members of the Bar practicing in the 
 Menard Circuit Court, held at the Court House in Petersburg, on 
 Wednesday, Oct. 25, 1848, A. Lincoln was caileu to the chair. 
 Thomas L. Harris, Kir-hard Yates and John T. Stuart were 
 appointed a committee to draft and. report reflations expressive 
 of the sense entertained by the Bar, of the character and services 
 of His Honor, Samuel D. Lockwood, the presiding Judge of this 
 Court, and the following preamble and resolutions were reported 
 by them and unanimously adopted. 
 
 " Whereas, The members of the Illinois Bar practicing in the 
 Menard Circuit Court, have become apprised that the Hon. 
 
RETIREMENT FROM OFFICE. 107 
 
 Samuel D. Lock wood, the presiding Judge in said Court, is 
 about to retire from the bench, which he has graced and adorned 
 for nearly a quarter of a century; and being anxious of giving 
 expression to the sentiments which they entertain of his character 
 and eminent judicial services, therefore 
 
 " RESOLVED, That it is no vain adulation when we declare that, in 
 the Honorable Samuel D. Lockwood, we have a citizen of dis- 
 tinguished talents, who has rendered important service to the 
 public, as Attorney General, as a Judge of the Supreme and 
 Circuit Courts, and as a member of the convention that formed 
 the present constitution of the State of Illinois. 
 
 " RESOLVED, That the judicial bearing and ability with which the 
 course of His Honor, Judge Lockwood, has been marked, which 
 characterize his decisions upon the circuit, and which stand out 
 as ornaments, on the pages of our reports, no less than his urban- 
 ity and kindness to the Bar, and the virtues and integrity of 
 his private life, entitle him to our highest deference and regard. 
 
 " RESOLVED, That His Honor Samuel D. Lockwood, have our 
 best wishes for his health and happiness, and hope that he will 
 live many years to witness the growth and prosperity of our noble 
 state, for which he has labored so long and faithfully. 
 
 " RESOLVED, That a copy of the proceedings of this meeting, 
 signed by the chairman and secretaries, be forwarded to His 
 Honor, Judge Lockwood." 
 
 Other communications to the same purport might be added, 
 but these are sufficient to show in what esteem he was held by 
 the bench and bar of the state. 
 
 This is the proper place to refer to one other effort made by 
 Judge Lockwood's friends to secure for him a judicial appoint- 
 ment. In 1850 Nathaniel Pope died, thus leaving vacant the 
 federal judgeship, which he had filled since the organization of 
 the state. This was under President Taylor's administration, and 
 it was certain that the vacancy would be filled by the appoint- 
 ment of a Whig. Judge Lockwood's qualifications and eminent 
 fitness for the office at once suggested his name. But he did not 
 receive the appointment, for reasons which are made apparent 
 from the following quotations from various letters addressed to 
 him at the time. 
 
108 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 SPRINGFIELD, January 22, 1850. 
 JUDGE LOCKWOOD : 
 
 Dear Sir, You will receive a telegraphic despatch in the 
 morning advising you of the death of Judge Pope, and of my 
 taking steps to place your name before the President to be 
 appointed judge. I have telegraphed W. H. Brown of Chicago, 
 have written to Mr. Underwood of Kentucky, and Douglas of the 
 senate, Judge McLean, and to Williams of Quincy. The news 
 reached here since dark, and I can not see any of the lawyers of 
 this place. What they will say I do not know. I will write 
 Woodson and Col. Ross and ask them to have recommendations 
 signed and forwarded to me. 
 
 I know not what you will say to ,this procedure, but if you 
 decline having your name used in the matter, no harm will result 
 from what I do. Your friend, 
 
 WM. THOMAS. 
 
 CARROLTON, Jan'y 25, 1850. 
 HON. SAM'L D. LOCKWOOD : 
 
 Dear Sir, Having seen it stated in the papers that Judge 
 Pope is dead, I write to you to ask if it would be agreeable to 
 your feelings and suit your convenience to receive the appoint- 
 ment to fill the vacancy. It would afford me much pleasure to 
 render you any service in the matter. Your numerous friends 
 here, with one accord, agree in desiring that you might fill the 
 office. I do not know in what way I can best aid you in , the 
 matter, but rely on me in whatever mode you may suggest. 
 Please let me hear from you. 
 
 Sincerely yours, etc., 
 
 D. M. WOODSON. 
 
 CHICAGO, Jan. 25, 1850. 
 DEAR LOCKWOOD : 
 
 Day before yesterday I rec'd Wm. Thomas's despatch announc- 
 ing the death of Judge Pope. 
 
 I have since been at work and secured for you the Chicago 
 strength, viz.: Scammon, Morris, G. Goodrich and others. I have 
 written to Seward, and I will write to J, A. Eockwell and Major 
 Hunter. 
 
BETIKEMENT FROM OFFICE. 109 
 
 Scammon wanted the office, but would not move in opposition 
 to you. He says you will obtain the appointment. 
 
 Truly yours, 
 
 W. H. BROWN. 
 
 WASHINGTON, Jan'y 23, 1850. 
 MY DEAR SIR : 
 
 I have heard with extreme regret of the death of our esteemed 
 friend, Judge Pope. I have never felt deeper sorrow at the 
 death of any man who was not connected with me by the ties of 
 blood. 
 
 I received a despatch from Judge Thomas stating that you 
 would be recommended as his successor, and requesting that Gen. 
 Shields and myself would not commit ourselves upon the subject 
 until it should be received. 
 
 I do not know that I can exercise any influence in the choice 
 of a successor, but I think it is a cause in which I have a right to 
 be heard, as the appointment is not a political one and is not 
 limited in its duration to the term of this administration. I 
 have determined upon presenting your name for the appoint- 
 ment, and Gen. Shields and Col. Bissell do not hesitate to 
 indorse this opinion in your favor. I have not seen the other 
 members of our delegation since the sad news arrived, but will 
 see them in the morning. 1 have seen the Hon. Reverdy John- 
 son (Attorney General), and find that he is familiar with your 
 opinions and your reputation as a judge, and he did not hesitate 
 to express his preference for your appointment, and said that he 
 should urge it upon the Cabinet. 
 
 I have thought it was due to say this much to you. I will 
 advise you farther upon the subject soon. 
 
 I have the honor to remain, 
 
 Yery truly your friend, 
 
 S. A. DOUGLAS. 
 
 HON. SAMUEL D. LOCKWOOD. 
 
 WASHINGTON, Feb'y 4, 1850. 
 MY DEAR SIR : 
 
 You have doubtless heard by telegraph of the appointment of 
 Mr. Drummond, of Galena, to the vacant judgeship. I need not 
 say to you that I am mortified and disappointed at the result. Col. 
 
110 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 Baker claims the entire credit of the appointment, and I presume 
 he is entitled to it. Mr. Butterfield recommended Joseph Gil- 
 lespie of Madison County, while Gen. Shields, Col. Bissell, Col. 
 Richardson, Major Harris and myself were for you. I had seen 
 two members of the Cabinet upon the subject, and Judge Under- 
 wood of Kentucky saw the President in your behalf, when we 
 were told that no appointment would be made until there was 
 time to hear from all parts of our state. Under this opinion we 
 rested satisfied until to our surprise a nomination was sent to the 
 senate without the slightest intimation that the name of Mr. 
 Drummond was spoken of for the place. We will have action 
 on the nomination postponed to give time to hear from home, 
 but I presume it will eventually be confirmed. I must adhere 
 to my opinion that if time had been given for a fair expression 
 of public opinion that you would have received the appointment. 
 
 I have the honor to be, 
 
 Yery respectfully/ your friend, 
 
 S. A. DOUGLAS. 
 
 HON. S. D. LOCKWOOD. 
 
 Judge Lockwood did not take any active part in the effort to 
 secure the vacant judgeship. Many things connected with it 
 were distasteful to him, especially the haste and importunity 
 deemed necessary to secure a favorable result. 
 
CHAPTEE XIY. 
 
 ILLINOIS CENTRAL RAILROAD. 
 
 "FUDGE LOCKWOOD was not allowed to remain long in 
 *J retirement, as his services were soon needed in a new 
 position of great responsibility and trust. 
 
 In September, 1850, the United States made to the state of 
 Illinois a magnificent grant of lands, nearly 3,000,000 acres, to 
 secure the construction of the Illinois Central Railroad, and in 
 the following spring the general assembly accepted the grant 
 with the conditions thereto attached, and in furtherance of the 
 grand scheme passed an act incorporating the Illinois Central 
 Railroad Company. Fortunately for all parties interested, this 
 company was composed of men in New York and Boston, of 
 well established reputation in financial and railroad enterprises, 
 whose names were a guarantee of success. There was great 
 danger that the magnificent grant might be squandered in fruit- 
 less undertakings under the management of corrupt politicians 
 and visionary speculators. The whole matter was in the hands 
 of the general assembly, a body which had heretofore been 
 largely controlled for partisan purposes by ambitious and avari- 
 cious political leaders. Such men saw in this new enterprise 
 a grand opening for patronage and plunder. There seemed to 
 be a pretty general understanding that the state would take 
 upon itself the management of the whole business, in all its 
 details, and of course there would be a vast number of lucrative 
 offices to be filled, and rich contracts to be let. These things 
 brought to the seat of government a crowd of hungry aspirants 
 for honors and emoluments. The state, however, was not 
 a stranger to such enterprises, and its sad experience, in 
 such schemes of internal improvement, with its heavy burden 
 of debt and threatened bankruptcy, proved in this crisis a most 
 beneficial teacher. "Wise and prudent counsel prevailed in the 
 
 in 
 
112 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 general assembly, as evinced in the act of incorporation before 
 referred to, and under which the enterprise was perfected with 
 most beneficial results, not only to the state and railroad com- 
 pany, but to the whole country. 
 
 There was a good deal of hard fighting over several import- 
 ant questions. All the rights of the state must be secured, and 
 a speedy construction of the road was demanded on all sides,, 
 and in some way the lands must be made available as security 
 for raising the necessary funds. The railroad company was 
 ready to grant all needed concessions to secure the state in all it& 
 interests, but it positively insisted that it should have entire 
 control of its own business affairs, should appoint its own officers 
 and control its own operations. 
 
 To secure the rights of all parties, the following plan was 
 adopted: The state would convey in fee to the railroad com- 
 pany, the lands granted by the United States, and the company 
 should at the same time convey all these lands, and all their 
 other property, in trust to three trustees to be held by them, 
 first, to secure the state in all its interests ; second, to secure 
 the payment of bonds issued by them to procure the funds 
 needed for the construction of the road, and third, to protect 
 the rights of all other parties interested. The success of the 
 plan depended upon the selection of trustees of such established 
 standing and reputation as would inspire confidence at home 
 and abroad. Over the appointment of these trustees there was 
 much controversy. What the assembly would have done if left 
 to itself can not be known ; but the representatives of the com- 
 pany to be incorporated insisted that the trustees should be 
 named in the act, and that the company should select one of the 
 three. These points being granted, the controversy was nar- 
 rowed down to the selection of the two remaining trustees. The 
 democratic party had a majority in both branches of the general 
 assembly, and a strong partisan feeling was manifested ; not 
 strong enough, however, to overcome the influence of wiser and 
 better men, who insisted that the matter must be taken out of 
 politics, and men selected in every way worthy of trust. This 
 principle was accepted with the general understanding that 
 Judge Lockwood would receive one of the appointments, and 
 
ILLINOIS CENTRAL KAILKOAD. 
 
 John Moore, late state treaaurer, the other. The representatives 
 of the railroad company named Morris Ketchum, of New York r 
 and these three names were inserted in the act of incorporation. 
 Thus all differences were harmonized, and the enterprise started 
 on a basis that insured its success. 
 
 As the land department of the railroad company was located 
 at Chicago, it became necessary for one of the trustees to reside 
 at, or near that city. As neither of the other trustees could do 
 this. Judge Lockwood accepted the position, and in the spring 
 of 1853 removed to Batavia, a village on Fox river, thirty-six 
 miles west of the city, and from that time till his death, gave his 
 care and attention to the details of the trusteeship. 
 
 He was in many respects, practically, the sole trustee. The 
 other trustees signed deeds of conveyance, and other papers of 
 great importance to be filled out under Judge Lockwood's in- 
 spection, and rendered complete under his signature. Under 
 carefully worded restrictions, the trustees were authorized to sell 
 and convey to actual purchasers these lands from time to time,, 
 and to apply the proceeds as directed, and the responsible work 
 of seeing that these restrictions were observed, and conditions 
 strictly complied with, was, so far as the trustees were concerned, 
 left almost entirely to Judge Lockwood. 
 
 The Act of Incorporation required as follows : " The lands 
 shall be sold for cash in hand, or the bonds of said company at 
 par. All bonds received on such sales shall be cancelled by said 
 trustees and delivered to said company. The trustees shall in- 
 vest all money received on such sales in the bonds of the com- 
 pany, which shall be in like manner cancelled and returned. On 
 cancelling said bonds, and before returning them to said com- 
 pany, said trustee shall make a brief memorandum on each 
 bond, specifying for or on what particular tract or tracts of land 
 the same was received." Corresponding entries were also made 
 on the deeds of conveyance, showing how the money received 
 for each tract of land was applied, indicating the particular bond 
 that was thereby in whole, or in part, paid and cancelled. The 
 amount of careful work and inspection required, can be known 
 only to those who are familiar with such business. The clerical 
 work was done by employees of the railroad company, but the 
 
114: LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 careful inspection of this work devolved upon Judge Lockwood. 
 There was always the most cordial relation between him and th e 
 officers of the company. 
 
 Mr. P. Daggy was first secretary of the land department, 
 and soon after appointed clerk of ^ the trustees, and in 1871 was 
 made land commissioner, which position he now holds, and he 
 gives in the following letter his impressions of Judge Lockwood : 
 
 LAND DEPARTMENT ILLINOIS CENTRAL RAILROAD COMPANY. 
 
 CHICAGO, February 26, 1887. 
 WILLIAM COFFIN, ESQ., Batavia, 111. 
 
 Dear Sir : It affords me great pleasure to respond to your 
 request of yesterday, to furnish a statement of the connection of 
 the Hon. Samuel D. Lockwood with the Illinois Central Kail- 
 road, f as one of its highly respected trustees. On the 17th of 
 December, 1855,1 became connected with the land department 
 of this road, and in less than thirty days afterwards Judge Lock- 
 wood, with the Hon. John Moore, one of his co-trustees, paid 
 the office an official visit. They both received the prompt atten- 
 tion of the officers and employees then engaged in this depart- 
 ment. I was most favorably impressed with the appearance and 
 gentlemanly conduct of Judge Lockwood, and took especial pains 
 to show him the various details of the business of the office. He 
 expressed himself as highly gratified for the information given 
 him, and in fact stated that he had received more information 
 in that one day than he had been able to obtain in a whole year 
 previously. He informed me that he had partially arranged to 
 remove to Chicago, and take charge of the land department in 
 person. But after our full examination of the affairs of the 
 department he was so well pleased that he abandoned the idea of 
 leaving Batavia: This of course established between us the most 
 confidential relations, which continued to the day of his death. 
 
 He paid this department an official visit regularly once each 
 month, to sign deeds, up to within a few months of his death, 
 during which time,' I was informed, he was confined to his house. 
 For several months at first, he preferred to compare all deeds 
 with the contracts and records, before [signing them. But we 
 had taken the precaution to compare them carefully before his 
 arrival, so that he never discovered any of our errors. Hence he 
 
ILLINOIS CENTRAL RAILROAD. 115 
 
 remarked that we had the faculty of hiding our mistakes so 
 carefully that he thought it was labor lost for him to make any 
 further comparisons ; but jocularly observed that he would hold 
 me individually responsible for all errors. 
 
 When we first became acquainted, in January, 1856, Judge 
 Lock wood, who was then quite an old gentleman, was remarka- 
 bly sprightly and active. And he seemed to continue so for a 
 number of years. But some few years before his death, he com- 
 menced gradually failing in strength. So much so, that after 
 signing from fifty to one hundred deeds he would recline upon a 
 sofa and rest, then arise and sign as many more, take another 
 rest, and so on- until all were signed. 
 
 Although his physical strength failed quite perceptibly, his 
 mind seemed to remain quite clear, up to his very last visit. 
 "Without the slightest intention to flattery, I honestly think he 
 was the most conscientiously honest and upright gentleman with 
 whom I ever had the pleasure of an acquaintance. And if he 
 had any faults, I must say the same as he said about my errors : 
 he had the faculty of hiding them so carefully that no one ever 
 perceived them. Our official and social relations continued for 
 nearly eighteen years, and not one unkind word ever passed 
 between us. There was no complaint or fault-finding of any 
 kind, or character whatever. He was just as affable and kind to 
 our messenger boy or the humblest clerk we had, as he was to 
 the President of the road. He treated every one as one gentle- 
 man should treat another, and every one connected with this 
 department loved and respected him, the same as a father. 
 
 I respectfully subscribe myself 
 
 Your friend and obedient servant, 
 
 P. DAGGY, Land Commissioner. 
 
 It was a great satisfaction to Judge Lockwood in the last years 
 of his life, that he had lived to see the conditions of this trust 
 fully maintained. The road had been built and fully equipped 
 according to stipulation, and the state and nation were receiving 
 rich benefits from it. The original bonds issued by the trustees 
 were already largely taken up and cancelled, and there were 
 funds on hand to meet the few outstanding, and for all parties 
 interested the enterprise had proved a grand success. 
 
CHAPTEK XY. 
 
 JUDGE LOCKWOOD IN CONNECTION WITH THE EDUCATIONAL AND 
 CHARITABLE INSTITUTIONS OF THE STATE. 
 
 ~TT\ STIMATED by the importance and the beneficial results 
 J-^ to the people of the state, this should be the longest and 
 most interesting chapter in this sketch, but unfortunately the 
 details of such work are not matters of history, and the result 
 can only be indicated by general statements. 
 
 In the first ten years of our state history, if we may judge 
 from the public records, very little attention was given to educa- 
 tional or charitable institutions. A large majority of the people 
 was decidedly opposed, both to free schools and endowed institu- 
 tions of learning. The general government had, by generous 
 grants of land, provided for the establishment of both of these ; 
 but, strange as it may seem, the people were unwilling to accept 
 or improve the offered benefit. Three per cent, of the income 
 from the sale of lands was given to the state for educational 
 purposes; but the general assembly loaned these funds to the 
 state to meet general expenses, or to be squandered in wild 
 schemes of internal improvement. One section of land in every 
 township was set apart for the support of common schools, but 
 with very few exceptions these lands were sold at a very low 
 price, and the funds used up in a very few years. People seemed 
 to be more afraid of taxes than anything else, and every proposi- 
 tibn for the establishment of a free school system, which involved 
 taxation, was at once voted down as a Yankee enterprise. At 
 one time for a very brief period a better spirit prevailed. The 
 vigorous effort to secure the state from slavery, and the grand 
 success of that effort, was an inspiration to good men, and bore 
 good fruit in other directions. 
 
 The next general assembly was to a considerable extent con- 
 trolled by anti-slavery men, and Yankee ideas were, for the hour,. 
 
 116 
 
EDUCATIONAL AND CHARITABLE INSTITUTIONS. 117 
 
 ascendant. As we have seen, the judiciary was established on a 
 liberal basis, which gave the supreme judges time to introduce 
 necessary reforms in legal practice. 
 
 Wise measures were passed for the improvement of the public 
 highways, and a public school system was adopted, which seemed 
 to indicate a wonderful advance in public sentiment. Gov. 
 Coles had, in his message, earnestly recommended such action, 
 and Joseph Duncan, afterwards governor, secured for himself a 
 high reputation, sustained through subsequent years of faithful 
 public service, by the introduction of the bill establishing this 
 school system, and by a speech of remarkable force and eloquence 
 in its support. These measures, however, were in advance of the 
 times, and a decided reaction was shown at the next election. 
 
 The general assembly elected in 1826 has the reputation of 
 being the worst ever assembled at the state capitol. It repealed 
 or rendered inoperative all the good work of its predecessor. 
 Thus, by the provision that no person should be taxed for the 
 support of public schools without his written consent, all life was 
 taken out of the school system, and it remained a corpse till 
 1855, when our present efficient school law was enacted, which 
 was in fact but little more than a re-enactment of the Duncan 
 Bill of 1825. 
 
 With the public sentiment against common schools it was, of 
 
 -IT O 
 
 course, useless to attempt any legislation in favor of higher insti- 
 tutions. From these statements, however, it must not be inferred 
 that the cause of education was wholly neglected. A great deal 
 was done in the w r ay of local schools and private academies, and 
 there were men who contributed liberally to these who would not 
 consent to be taxed a single dollar for the same cause. There 
 were many eminent men in the state who labored earnestly to 
 secure the establishment of an academy of high grade which 
 might develop into a college or university. Such men as Gover- 
 nors Coles and Edwards, Judges Pope and Lockwood, Messrs. 
 Thos. Mather, Dennis Kockwell, Dr. John Todd, Thos. Lippin- 
 cott, and Rev. J. M. Ellis, one of the first home missionaries sent 
 to Illinois, were persistent in their efforts in this direction. The 
 Presbytery of St. Louis, then including Missouri and Illinois, 
 under the leadership of Rev. Salmon Giddings, the first pastor of 
 
118 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 the First Presbyterian Church of St. Louis, took early action in 
 this matter, and would have succeeded in the establishment of 
 such" an institution had not a few men insisted that the institution 
 should be located in St. Louis, while it was admitted that its sup- 
 port must come largely from "Illinois ; and in subsequent years 
 this inability to agree on a location stood in the way of all effi- 
 cient action. In all these transactions Judge Lockwood took a 
 prominent part, and his influence finally secured harmony of 
 action, which resulted in the establishment of the first, college in 
 the state. 
 
 The plan adopted was to organize a board of trustees empow- 
 ered to raise funds for the endowment of 'a college, to be located 
 wherever said trustees should determine. It was understood 
 from the outset that Judge Lockwood would be president of this 
 board, and the general confidence reposed in him conduced as 
 much as anything else to the success of the plan. Liberal 
 pledges were secured, some unconditional, and some, as to 
 amounts, conditioned on the location of the institution. 
 
 The original document, drawn up by Judge Lockwood and the 
 Rev. J. M. Ellis, is here given as an interesting item in our 
 state history, not found in any published records. 
 
 OUTLINE OF A PLAN FOE THE INSTITUTION OF A SEMINAEY IN THE 
 STATE OF ILLINOIS. 
 
 The property of the Seminary, procured by contribution, sub- 
 scription, or otherwise, shall be divided into shares of ten dollars 
 each. Each subscriber or contributor to the amount of ten 
 dollars, shall be a Stockholder ; and the shares shall be trans- 
 ferable under such regulations as shall be adopted by the Trus- 
 tees or Stockholders. Each share in the stock shall entitle its 
 possessor to vote for Trustees. Voting by proxy shall be per- 
 mitted under suitable regulations. The Trustees shall have the 
 location and direction of the Seminary, and the selection of 
 Professors or Instructors, except in the case hereinafter specified. 
 The foregoing outline may be filled up, and the plan brought 
 more into detail ; but the principles may not be varied. 
 Plan of Education. 
 
 First. An English Department ; in which young men shall 
 receive an education preparatory to the various duties and 
 
EDUCATIONAL AND CHARITABLE INSTITUTIONS. 119 
 
 business of active life. Whenever the intended pursuit of the 
 scholar is known, special regard will be had to that object. In 
 this department the English - Language will receive particular 
 attention ; Reading, Writing, Composition, and Public Speak- 
 ing ; with Geography and History, especially that of our own 
 country. Political Economy shall be taught, so far at least as to 
 exhibit the outlines of the science of Government, and to make 
 the student familiar with the principles and blessings of free 
 Institutions ; and of the American Constitution in particular. 
 
 Second. The second Department, in which the Ancient 
 Classics and higher branches of Education will be taught, shall 
 be formed after the model of the Academies and Colleges in our 
 country ; so as to prepare students to be received into any of the 
 Colleges of the United States. This will of itself be the best 
 pledge that can be given, both at home and abroad, that the 
 instruction is conducted on the most approved and liberal sys- 
 tem. And as the Institution rises, from year to year, the students 
 shall be fitted for admission to advanced standing in any of those 
 Colleges, i. e. into the second, third, or fourth class ; or, if they 
 choose to remain longer, they shall be conducted through the 
 whole course of College studies. Every thing will be done to 
 make the* Institution worthy the patronage of an enlightened 
 and free people, and to secure the accomplishment of the best 
 wishes of the people, in this rising country, for the education 
 of our youth, the hope and glory of the land. 
 
 A Department for Female Education will also be provided, 
 until a separate Institution shall be furnished. And Young 
 Ladies shall enjoy all its advantages, so far as circumstances may 
 require, viz.: use of the Library, attending Lectures, &c. in 
 addition to the constant attention of a Governess, in all that 
 pertains to manners, morals, and the improvement of the mind. 
 
 Opportunity shall be offered to all who are seeking an educa- 
 tion for the Gospel Ministry. But while the benefits of the 
 Institution shall be open to all denominations of Christians, no 
 preference shall be shown to any one to the injury or prejudice 
 of another. Should this Department go into operation, it may 
 be continued in connexion with the Institution, or detached from 
 it, as circumstances may seem to demand ; and the Professor or 
 
120 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 Instructor will be appointed by the Presbytery of the Presby- 
 terian Church within whose bounds it may be. 
 
 Agriculture, and perhaps some branches of Mechanics, will 
 form part of the system of Education whereby the health 
 of the students will be promoted, and the expenses of tuition 
 diminished. 
 
 Measures will be adopted to facilitate the payment for boarding 
 in produce, as far as practicable. 
 
 WE, the undersigned, inhabitants of county, severally 
 
 promise to pay to the Trustees of said Seminary, who may be 
 -appointed, or to their Agent, the sums set opposite to our names, 
 respectively, in aid of the Institution above described : payment 
 to be limited and determined in the following manner, that is to 
 say: If the said Seminary shall be located in county, 
 
 we will pay the sums set down in the first column ; if placed 
 in county, we w r ill pay the sums set down in the second 
 
 column ; or if it be placed elsewhere, we will pay the sums set 
 down in the third column as ruled and written below. Pay- 
 ment to be made by instalments, at a month's notice, as shall be 
 directed by the Trustees. JANUARY, 1828. 
 
 Under this plan, subscription papers were circulated, and such 
 other steps taken, as soon secured the organization of a stock 
 company, and the selection of a board of trustees, which subse- 
 quently developed into Illinois College. As stated, Judge Lock- 
 wood was chosen President of the Board, which position he held 
 until 1868, when he resigned on account of inability to attend 
 its meetings. 
 
 The first question for the trustees to decide was, the location 
 of the institution, and it was generally expected that this would 
 be either in St. Clair or Madison county,^ and this would have 
 been the case but for the advice and influence of Judge Lock- 
 wood. The year before, he had been assigned to the Sangamon 
 circuit, and had held courts in Springfield, Jacksonville, Quincy 
 and other places, always making the circuit on horseback, thus 
 having a fine opportunity to see the country and get acquainted 
 with the people. He had been so favorably impressed with 
 Jacksonville and its vicinity, that he had decided to make that 
 
EDUCATIONAL AND CHARITABLE INSTITUTIONS. 121 
 
 his home, and for that purpose had purchased eighty acres of 
 land, pronounced by all wno have ever seen it, one of the most 
 beautiful spots in Illinois. In considering the question of loca- 
 tion of the Seminary, Judge Lockwood insisted that the matter 
 should not be decided until a committee of the trustees had 
 visited Jacksonville and the surrounding country, and he offered 
 to pay the expenses of one of the committee. Rev. J. M. Ellis, 
 and Thomas Lippincott, who was then in business in Ed ward s- 
 ville, but who subsequently entered the ministry and became 
 well known through the state as "Father Lippincott," were 
 selected as such committee. Neither of these men knew any- 
 thing of the country north of Madison, and both had expressed a 
 decided preference for that county. Judge Lockwood furnished 
 Mr. Lippincott with a horse and necessary funds for traveling 
 expenses, arid John Tilson, then a resident of Hillsboro, but who 
 had decided to remove to Quincy, did the same for Mr. Ellis. 
 This committee brought back such a favorable report of Jack- 
 sonville, giving such a glowing account of the country, and the 
 class of people that were coming in, that that place was at once 
 fixed upon as the site of the proposed institution. 
 
 On this subject, Dennis Rockwell, first postmaster of Jackson- 
 ville, writes to Judge Lockwood, under date of March 19, 1828, 
 as follows : "Your letter of the 6th inst., informing me of the 
 meeting of the Presbytery of St. Louis on the 19th (this day), 
 did not reach me until the 17th ; consequently too late for me, 
 or any other person, to go down in time to be present at the 
 meeting. 
 
 " From the best information I can obtain, I am of the opinion 
 that $1,000 or more can be raised in this county, in aid of the 
 seminary, if located here. This is the opinion of Mr. Thomas, 
 who has circulated the subscription paper." 
 
 To this letter Mr. Thomas, afterward known as Judge Thomas, 
 and still residing in Jacksonville, adds these words: "Mr. 
 Brick" (a Presbyterian minister in Jacksonville), " will attend 
 the Presbytery at St. Louis, and I hope he will be able to inform 
 the good people of the wishes and sentiments of the people in 
 this county, about the seminary, and it is possible that he will 
 induce a belief (very unintentional, too,) that we will do more than 
 
122 LIFE AND TIMES OF HON. SAMUEL D. LOCK WOOD. 
 
 we can upon trial, because his acquaintances are all very anxious 
 upon the subject. "We are about to build a big brick court-house, 
 and we expect some aid from voluntary subscription. This may 
 have some effect upon the amount that might be given to the 
 seminary." 
 
 After the decision to locate the seminary, subscription papers 
 were circulated, modified to meet the existing condition of things. 
 The institution was to be located within five miles of Jackson- 
 ville. The subscriptions were to be paid by installments on a 
 month's notice, after the first day of September, 1828, as phall 
 be directed by the trustees, and the following individuals were 
 named as trustees : S. D. Lockwood, John Leeper, H. G. Taylor, 
 Ero Chandler, Dennis Rockwell, Wm. C. Posey, Enoch C. 
 March, Archibald Job, Nathan Compton, Morgan county ; John 
 Allen, Greene county ; James McClung, Bond county ; John 
 Tillson, Montgomery county ; John Todd, Sangamon county ; 
 and Wm. Collins, Madison county. 
 
 Soon after, the stock arrangement was given up by consent of 
 all parties interested, and the trustees empowered to fill vacancies 
 in their board, and elect successors. 
 
 The make-up of this board of trustees, the first of the kind in 
 our state, is worthy of notice. It indicates that this was in no 
 sense a ministerial or Yankee enterprise. There were in the 
 board judges, lawyers, physicians, clerks, postmasters, farmers 
 and merchants ; but not one clergyman. All may be said to 
 have been Christian men, as being in sympathy with Chris- 
 tian institutions, and supporters of various Christian churches. 
 Several of them were from New England, but New York, 
 Pennsylvania, Tennessee, Kentucky, Virginia, and perhaps 
 other states were represented. An effort was at once made 
 to secure a charter from the state, but the general assembly 
 would not countenance any such " Yankee " enterprise, and for 
 several years the institution had no legal existence, but the sub- 
 scriptions to it were promptly paid and faithfully invested, the 
 title to the real estate being vested in Samuel D. Lockwood. 
 
 Judge Lockwood's good judgment in reference to the location 
 of the seminary, was approved by the trustees much farther than 
 he intended, or was pleasing to him, for they insisted that the 
 
EDUCATIONAL AND CHARITABLE INSTITUTIONS. 123 
 
 site of the seminary should be the premises he had selected for 
 his own home. Under the date of July 5, 1828, H. G. Taylor, a 
 merchant in Jacksonville, and one of the trustees, writes to 
 Judge Lockwood as follows : " I have made a purchase of the 
 half quarter section of land lying east of yours. My object in 
 the purchase was to secure a site for the seminary. The amount 
 of purchase is $215.00, which sum is rather large for me to spare 
 from my small business. However, nothing shall be done more, 
 until you visit Jacksonville, which visit is anxiously expected by 
 your friends." 
 
 Mr. Taylor not being able to retain the land, Judge Lockwood 
 a few months later took it off his hands, to be held for the same 
 purpose. This arrangement was not fully satisfactory to the 
 trustees, who insisted upon having the whole one hundred and 
 sixty acres. Under date of March 23, 1829, Mr. Taylor writes : 
 " A meeting of the trustees of the seminary was had on 4he 20th 
 inst. We were disappointed by your seat being vacant, a cir- 
 cumstance which we regretted, because the decision of the 
 question concerning the land was to be had." And Mr. Taylor 
 farther states that the trustees feel that it is absolutely necessary 
 for the good of the seminary^ and the satisfaction of its friends, 
 that they should have the eighty acres selected by Judge Lock- 
 wood for his own home, and he very significantly adds : " There 
 is a considerable solicitude in Jacksonville, lest this determina- 
 tion should cause you to seek a home elsewhere." 
 
 Under date of January 19, 1829, Mr. D. Rockwell writes : " I 
 fear your building spot will be spoiled, if the seminary is put 
 upon your land, which seems to be the determination of the 
 trustees here." 
 
 Judge Lockwood, with his accustomed liberal spirit, yielded the 
 point, and took another tract of land farther west for his family 
 residence. This took him farther from the village and on the 
 opposite side of the beautiful grove. Here he soon after erected 
 a substantial brick edifice, but occupied it only for a few years, 
 as it was too far removed from churches and schools for the 
 comfort of his family. 
 
 The seminary soon received substantial aid from the East, and 
 was established on a firm basis. After much difficulty, a charter 
 
124: LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 was obtained from the state. All of the original trustees re- 
 signed, except Judge Lockwood and William C. Posey, and their 
 places were filled by John P. Wilkinson, of Jacksonville, and 
 Julian M. Sturtevant, Theron Baldwin, John F. Brooks, Mason 
 Grosvenor, Elisha Jenne, William Kirby and Asa Turner, the 
 seven members of the Illinois Association, a name taken by 
 seven recent graduates of the Yale Theological Seminary, who 
 had banded together for home missionary and educational work 
 in Illinois. Thus Illinois College was founded. The plan, so 
 far as it related to female education, was modified by the estab- 
 lishment of a distinct and separate institution, the Jacksonville 
 Female Academy. In this new enterprise Judge Lockwood took 
 a deep interest, contributing liberally for its support, and feeling 
 a fatherly care for it during his whole life. 
 
 Our state has done nobly in its institutions for unfortunate 
 citizens the insane, blind, and deaf and dumb. The first of 
 these institutions were located in Jacksonville, and Judge Lock- 
 wood exerted a very strong influence, both as to their establish- 
 ment and location. The first meeting ever held in the state to 
 consider the condition of the insane, was held in Judge Lock- 
 wood's parlor. There Miss Dorothy Dix, a well-known philan- 
 thropist, met some of the prominent citizens of Jacksonville by 
 invitation, to talk over this subject, and by her kind, impressive, 
 persuasive manner so influenced her auditors, that they were 
 ready at once to second all her efforts for this unfortunate class. 
 Judge Lockwood, and several others, went with her the next day 
 to Springfield, where the general assembly was in session, and so 
 arranged interviews between Miss Dix and prominent men in the 
 state, that sufficient influence was secured to carry through the 
 assembly the bill establishing the first asylum for the insane. 
 And in substantially the same way, the institutions for the deaf 
 and dumb and blind were secured. For all three of these insti- 
 tutions, Judge Lockwood was appointed one of the trustees, and 
 by re-appointment by successive governors held the position so 
 long as he was able to attend to the duties. His commissions for 
 various positions under state authority, show the autograph 
 signatures of the governors from 1818 to 1864. 
 
CHAPTER XVI. 
 
 PERSONAL AND FAMILY REMINISCENCES. 
 
 ANY sketch of Judge Lockwood's life, restricted to a con- 
 sideration of public matters, would be far from complete, 
 for he was a man pre-eminently distinguished for personal and 
 social virtues. There was in him a rare blending of noble char- 
 acteristics. He was firm but gentle, just but kind, always main- 
 taining a rare dignity of deportment. Repelling undue intimacy, 
 he was affable, sympathetic, and quickly responsive to every 
 friendly advance. 
 
 We have seen the heroic stand he took on temperance in the 
 early history of our state, and he maintained and dignified that 
 stand by a life-long adherence to total abstinence. Though 
 holding so many official positions, Judge Lockwood was never in 
 any sense an office-seeker. He had little respect for men of 
 that class. Almost every one of his appointments to office came 
 from the political party with which he was not in sympathy. 
 
 Though never in formal connection with any church, Judge 
 Lockwoud was a firm believer of evangelical truth, and a liberal 
 supporter of Christian organizations. With him the Bible was 
 a sacred book, the Sabbath and the church sacred institutions. 
 While liberal in his views, he could never tolerate irreverent 
 skepticism, or favor some now current amusements, which he 
 considered dangerous. 
 
 In his genial home, sweet in its hospitality, the wine cup, 
 cards and dancing found no place. 
 
 While a resident of Auburn, he so identified himself with the 
 religious interests there, that he was appointed one of the trustees 
 of the Presbyterian Church. In 1815 was formed the Cayuga 
 County Bible Society, the first organized in the state, and Judge 
 Lockwood's name appears as one of the originators and directors 
 of that organization. Of the twenty-four first directors of that 
 
 125 
 
126 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 society, he was the last survivor. The stand he thus took, as 
 indicated by these incidents, he maintained through life. 
 
 Although through most of his life Judge Lockwood was com- 
 pelled to practice a rigid economy, he did not consider himself 
 excluded from an active participation in every benevolent and 
 philanthropic work. In later years he especially prized his well 
 earned financial prosperity, as it enabled him to be more liberal 
 in his contributions for the welfare of others. 
 
 One intimate with Judge Lockwood, through a long course of 
 years, writes on this subject as follows : " While much embar- 
 rassed by the meagerness of his salary, and thinking he must 
 resign his judgeship on that account, he was still providing for 
 the support and education of several of his nephews and nieces, 
 taking some of them to his own home for that purpose." So, it 
 seems to me, that no matter how small his salary, his heart 
 always took in all those who were orphans, or poor or homeless, 
 or needed an education. In later years, when he had property, and 
 could have lived in greater style, he preferred to live as plainly 
 as he always had done, that he might have more money to give 
 away. He had strong objections to wearing mourning. He 
 always felt that grief was not shown by the color of one's 
 clothes, nor by the amount of crape worn ; that if persons of 
 means who could well afford it, wore mourning, others in lest^ 
 favored circumstances would feel that they must do so, regard 
 less of home necessities. 
 
 Judge Lockwood always held in high esteem John Marshall, 
 chief justice of the United States, regarding him as one of the 
 grand men of the nation, second only to Washington in civil 
 service, and he aspired to accomplish for his own state some- 
 thing of the great work which the chief justice had accomplished 
 for the nation. We find among Judge Lockwood's papers the 
 following, in his own handwriting, which it is known he copied 
 for his own use in his judicial life, and which may be regarded 
 as an expression of his own feelings : 
 
 "Judge Hale's rules to be observed in the administration of 
 justice, and worthy to be deeply engraved on the mind and 
 heart of every judge. 
 
PERSONAL AND FAMILY REMINISCENCES. 127 
 
 "1st. That justice be administered uprightly, deliberately, 
 resolutely. 
 
 " 2d. That I rest not on my own understanding, but implore 
 the direction of God. 
 
 " 3d. That in the execution of justice, I carefully lay aside my 
 own passions, and not give way to them, however provoked. 
 
 " 4th. That I be wholly intent on the business I am about. 
 
 " 5th. That I suffer not myself to be prepossessed with any 
 judgment at all, till all the business and both parties are heard." 
 
 Judge Lockwood's urbanity and gentleness resulted in no wise 
 from sentimental weakness. He could, and he did, make the 
 law a terror to evil doers, as the following incident will illus- 
 trate : While he was holding circuit courts, a man was brought 
 before him in Greene county indicted for larceny. This man's 
 attorney had assured him of an acquittal, but owing to the strict 
 rulings of the judge, and his clear charge to the jury, he was 
 found guilty and sentenced for a year to the penitentiary. Some 
 years later, the same man was brought up for trial in Jersey 
 county, on a similar indictment, and to the great surprise of his 
 attorney plead guilty, afterwards giving as a reason, " When I 
 saw that same old gray head on the bench, I knew it would be 
 better for me to trust his mercy, than his justice." 
 
 On October 3, 1826, Judge Lockwood married Miss Mary 
 Stith Nash, a lady of great refinement of taste, and rare natural 
 accomplishments. She was the youngest daughter of John 
 Nash, an old time Virginia planter, 'residing in Prince Edwards 
 county, a staunch Presbyterian, of the old Scotch type. Her 
 mother died when she was but two years of age, and losing her 
 father eight years later, she was at this early period in life left 
 an orphan, dependent for education and training upon older 
 brothers and sisters. In 1822, the whole family emigrated to 
 the new state of Missouri, taking with them their family servants 
 and household effects. Some of these servants, coming a few 
 years later into Mrs. Lockwood's possession by inheritance, were 
 immediately emancipated and their support provided for. 
 
 The Nash family made their first western home on the point 
 of land between the Mississippi and the Missouri rivers, thinking 
 hpre would be the great city of the west. In this they were 
 
128 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 disappointed, and very soon made a new purchase some four 
 miles up the Missouri, and on the opposite side. In this home 
 the marriage ceremony took place, as shown by the following 
 certificate : 
 
 " I do hereby certify that on the 3d day of October, 1826, I 
 solemnized a marriage between Samuel D. Lockwood, of the 
 state of Illinois, and Mary S. Kash, of the county of St. Louis, 
 and state of Missouri. 
 
 " Given under my hand this 9th day of April, 1827. 
 
 " WM. S. LACEY, M. Y. D." 
 
 Mr. Lacey was a Presbyterian minister of the Missouri Yalley 
 District. 
 
 Mrs. Lockwood was a devoted Christian woman of ardent 
 piety and active benevolence. Her sweet, winning disposition 
 won the affection of old and young, and gathered around her a 
 wide circle of loving friends. A few words from others will 
 show the esteem in which she was held. 
 
 Mrs. Dr. Stevens, of St. Louis, was a niece of Mr?. Lockwood, 
 aht] v n much resembled her in personal appeai^^c. Soon 
 afcer the election of 1860, Mrs. Stevens met Mr. Lincoln, at the 
 home of a mutual friend in Springfield, and was introduced to 
 him as president-elect, and she gives this account of the inter- 
 view : " Mr. Lincoln took me by the hand, and drew his face 
 nearer and nearer to mine, till I was frightened ; when he said, 
 6 Are you a relative of Mrs. Lockwood 1 ' I replied, 1 am proud 
 to say she is my aunt; and he said, 'You may well be proud, 
 for she is the best woman God ever made.' ' 
 
 Dr. T. M. Post, of St. Louis, whose beautiful tribute to Judge 
 Lockwood we have given elsewhere, adds the following with 
 reference to his wife : " I was charmed with the rare Christian 
 loveliness of Mrs. Lockwood, and my recollections of her then, 
 and subsequently, will ever be among the pleasantest memories 
 of my past life. Her great sweetness, gentleness, and radiancy 
 of manner and of spirit, her guileless simplicity and godly 
 sincerity, her devoted and cheerful piety, her overflowing genial 
 sympathies and delicate self-sacrificing kindness, made her to me 
 an incarnation of much that is loveliest in woman." 
 
PERSONAL AND FAMILY REMINISCENCES. 129 
 
 In the history of the Batavia Church is found this tribute : 
 " Her life brought much of heaven to earth, and her death took 
 much from earth to heaven." 
 
 The Christian family and home established by this union was 
 for forty- eight years the center of all that is pure, lovely and 
 holy ; whose influence for good can not be marked by any scale 
 of human measurement. 
 
 In the light of such a record the modern question, Is marriage 
 a failure ? seems well-nigh blasphemous. 
 
 In Judge Lockwood's opinion marriage was a most sacred 
 institution, and applicants for divorce never found any favor in 
 his court. The present lax opinions on that subject, he woul> 
 have regarded as highly immoral and dangerous. 
 
 The marriage union thus formed was blessed with four 
 daughters, all of whom reached mature and married life. Mary, 
 born in Springfield, May 18, 1828, was married in Jacksonville, 
 in 1847, to William Coffin , the author of this sketch, and removed 
 at the same time with her parents to Patavia, where she passed 
 from earth on June 23, 1877. Susan, born in Jacksonville, 
 October 10, 1830, married Charles W. Porter, and is now a 
 resident of Hudson. Wis. Martha, born in Jacksonville, Febru- 
 ary M, 1833, married J. Scott Officer, and died at Delavan, 
 Wis., March 3, 1864. Anna, born in Jacksonville, June 7, 
 1838, married the Rev. Win. E. Merrimar,, and is now living in 
 Boston. 
 
 Judge Lockwood took an active part in the organization of 
 the Republican party, and in the grand work it accomplished. 
 During the war he felt in his own person the shock of every 
 battle, and his heart warmed with sympathy for every bereaved 
 patriotic family. He mourned for Lincoln, as a father might 
 mourn over a son, untimely slain. 
 
 The closing years of Judge Lockwood's life were passed in 
 quiet retirement at his home in Batavia, a home distinguished 
 for domestic happiness and genial hospitality. There was noth- 
 ing of ostentation about it, no formal receptions or grand enter- 
 tainments ; but friends of the olden time, and new acquaintances, 
 ever found in it a cheerful welcome, and young and old were 
 benefited by its pure atmosphere. And here on the 23d of 
 
130 LIFE AND TIMES OF HON. SAMUEL D. LOCKWOOD. 
 
 April, 1874, Judge Lockwood, in his eighty-fifth year, and in the 
 full possession of his mental powers, passed peacefully to the 
 spirit world. The life thus closed was pre-eminently a successful 
 one. Judge Lockwood was permitted to see the grand enter- 
 prises of his early life in a wonderful degree successful, and rich 
 in beneficial results Illinois a free state, in a union of common- 
 wealths equally free educational and benevolent institutions 
 firmly established, and the whole land most abundantly blessed 
 by the God of our fathers. Greatly averse to debts of every 
 description, and carefully avoiding all such personal embarrass- 
 ment, he was for many years connected with institutions heavily 
 burdened in this direction, and for several years saw the state he 
 loved trembling on the verge of bankruptcy and repudiation. 
 He lived to see these burdens removed, the state free from debt, 
 with a credit second to none of her sisters. His last residence 
 was in a county and township free from pecuniary demands, and 
 his family connection was with a church, largely through his 
 liberality, unencumbered. He owed no man anything but love, 
 and this indebtedness he met in daily installments of charity for 
 all. 
 
 Mrs. Lockwood survived her husband not quite a year, as she 
 passed from earth to heaven, on March 27, 1875. 
 
APPENDIX. 
 
 OBJECTIONS OF THE COUNCIL OF REVISION TO THE BILL 
 REORGANIZING THE JUDICIARY OF THE STATE. 
 
 (Referred to on page 80.) 
 
 The undersigned, members of the Council of Revision, have 
 had under consideration the bill entitled "An Act to reor- 
 ganize the Judiciary of the State of Illinois," and having 
 besto'wed upon it that attentive consideration which the nature 
 and importance of its provisions demand, feel constrained to 
 return the same to the senate as improper to become a law, 
 because, in the judgment of the undersigned, its passage would 
 be fraught with incalculable evils to the people of this state. 
 
 The first objection which presents itself is the sweeping repeal 
 of all acts and parts of acts establishing circuit courts in this 
 state. How far this repeal may affect important interests can- 
 not be clearly foreseen, and may occasion much mischief. 
 
 The bill nowhere, in express terms, provides for the creation 
 or reestablishment of circuit courts in each of the counties of 
 this state. By the seventeenth section of the "Act regulating 
 the Supreme and Circuit Courts," passed 19th January, 1829, 
 it is declared that "it shall be the duty of the said judges 
 respectively to hold two terms annually in each county in their 
 respective circuits in conformity to law ; which courts shall be 
 holden respectively at the times and places now or hereafter to 
 be prescribed by law, and the said courts shall be styled circuit 
 courts for the counties in which they may be held respectively." 
 The eighteenth section of said act confers jurisdiction on said 
 circuit courts " over all matters and suits at common law and in 
 chancery ; " and the twentieth section of said act confers crim- 
 inal jurisdiction. Now, if the first section of the bill repealing 
 
 131 
 
132 APPENDIX. 
 
 all laws establishing circuit courts repeals these provisions of the 
 judiciary act of 1829, may not doubts hereafter arise whether 
 the present bill provides for the ree'stablishment of a circuit 
 court to be held in each county in the respective circuits which 
 can be considered the legal successor of the repealed courts I 
 Can it be said to follow as a necessary consequence, because the 
 third section of the bill divides the state into "nine judicial 
 circuits," that therefore there is reestablished circuit courts in 
 each of the counties of this state ? 
 
 Does not the fourth section of the bill leave the question as 
 uncertain as the third ? This section provides for continuing 
 "over to the circuit courts created by this act all suits," etc. 
 Where, it may be asked, is the provision in the bill creating 
 circuit courts in each of the counties of the state ? This ambi- 
 guity in the phraseology of the bill may lead to doubt and 
 uncertainty in its construction. 
 
 The bill is also defective in not providing that the newly- 
 created circuit courts, if such there be, shall have power to issue 
 execution on judgments and decrees already rendered in such 
 repealed courts. This omission may occasion much embarrass- 
 ment to judgment creditors and suitors in chancery. 
 
 The bill is, however, obnoxious to objections of a graver char- 
 acter than those above referred to, as it respects its operation 
 upon the interests of the people of this state. 
 
 It is believed by the undersigned that the system proposed to 
 be put in operation by this bill will be found to be wholly inade- 
 quate to the wants of a great and growing community like ours, 
 and to impose burdens upon the people inconsistent with the 
 speedy and proper administration of justice. The attention of 
 your honorable body is therefore respectfully invited to some 
 considerations that the undersigned deem important to be kept 
 in view in coming to a just conclusion upon this subject, and 
 which will be presented in as concise and intelligible a form as 
 the nature of the task and the pressure of other important and 
 urgent duties will allow. 
 
 The bill under consideration, after repealing out of office all 
 the circuit judges, provides for the appointment of five judges 
 of the supreme court, who, together with the four now in office, 
 
APPENDIX. 133 
 
 are required to hold the supreme court and all the circuit courts 
 in the state. This is a requisition, in the opinion of the under- 
 signed, that will be found physically impossible. There are now 
 nine circuit judges, who have no other duties to perform, than 
 to hold the circuit courts. Yet, without any fault on their part, 
 but from the magnitude of the business and the want of time, 
 they have been unable to do the business in these courts. This 
 fact is notorious to all conversant with judicial proceedings and 
 to many members of the legislature, and is also confirmed 
 beyond doubt or denial by the dockets of these courts, which 
 show that hundreds of causes in a large number of the populous 
 counties have remained untried from term to term for the want 
 of time to reach them in their order on the dockets, thus occa- 
 sioning great expense, vexation and loss of time to parties and 
 witnesses. When, therefore, the judicial functions of the 
 supreme and circuit courts, and those of a council of revision 
 also, are all devolved upon nine judges, it must be manifest to 
 the most superficial observer, as well as those in any degree 
 acquainted with the nature and extent of these duties, that they 
 are greater than are compatible with the abilities of that num- 
 ber of judges to accomplish, and consequently greater than 
 accords with the best interests of the people. Should any one 
 be disposed to doubt the correctness of this proposition, that 
 doubt can be easily removed by the simple rule of addition. 
 By adding the time which the judges of the supreme court are 
 necessarily occupied in presiding in that court and acting as a 
 council of revision to the time required to accomplish the busi- 
 ness in the circuit courts, it will be seen that fifty-two weeks are 
 inadequate to the performance of all these multifarious duties in 
 the order of succession in which they must be performed by the 
 nine proposed judges. 
 
 The constitutional and paramount obligations of the judges of 
 the supreme court are : to act as members of the council of 
 revision during the sessions of the legislature, and to preside in 
 the supreme court until all the business of that court is disposed 
 of. The time that will be thus occupied this winter, including 
 travel to and from the seat of government, will not fall short of 
 four months, even under the supposition that the supreme court 
 
134 APPENDIX. 
 
 will be ready to adjourn as soon as the legislature, which was 
 not the case last winter. 
 
 The business of the summer term of the supreme court, 
 including necessary traveling to and from court, will require 
 from six to eight weeks. The last summer term occupied those 
 who live most remote from the seat of government six weeks, 
 and the business has increased since that time ; but allowing 
 only seventeen weeks for the winter terms and seven weeks for 
 the summer terms, including travel, and the time occupied by 
 the judges of the supreme court at the seat of government will 
 be twenty-four weeks. Take then, for example, the ninth cir- 
 cuit, and suppose the judge of that circuit immediately on his 
 return home should commence holding the circuit courts. It 
 would require twenty-six weeks, as the law now stands, to hold 
 the spring and fall circuits, and still leave an immense amount 
 of business untouched for want of time. This circuit is referred 
 to because the information in relation to the length of time the 
 courts were held in it last year, and the crowded state of the 
 dockets, can be relied on. It then clearly appears, if this bill 
 goes into operation, that the judge who shall be assigned to this 
 circuit will be required, in addition to twenty-four weeks occu- 
 pied at the seat of government, to hold circuit courts for twenty- 
 six weeks more, and still leave a great amount of business 
 untouched. 
 
 In several of the circuits it is confidently stated by individuals 
 well acquainted with the subject, that unless the terms are 
 lengthened at least one-half, that the business of these courts 
 will remain on the dockets for years without any possibility of 
 the suits being tried or disposed of. 
 
 In making this calculation, the undersigned have taken for 
 their data the time actually employed at the seat of government 
 and the time employed in holding the courts in the ninth circuit 
 under the existing law. When, therefore, it is taken into con- 
 sideration that the business of the supreme court is rapidly 
 increasing, and that the time allowed by law to many of the 
 circuit courts is so much too short that, with all the exertion of 
 the judges, not more than half- or two-thirds of the business can 
 be performed, it is clear that the time allowed to these circuit 
 
APPENDIX. 135 
 
 courts must be greatly extended or the circuits divided and 
 additional judges appointed, otherwise there will be such a delay 
 in the administration of justice as will be, in many cases, equiva- 
 lent to a denial. 
 
 From this view of the nature and extent of the judicial busi- 
 ness of this state, it must be apparent to the understanding of 
 every man that it is physically impossible for nine judges to 
 perform the duties enjoined upon them by this bill. But sup- 
 pose it was possible that, by a total abandonment of their homes 
 and a consequent neglect of their families and private business, 
 they could, by an entire devotion of their minds and bodies to 
 the service of the state, make out to hurry through the business 
 of the courts, and decide all the causes as they might be ready 
 for trial, the undersigned would respectfully ask, Is it good 
 policy on the part of the state, or is it just and liberal in the 
 legislative department of the government to impose upon a 
 coordinate branch of the government burthens" so onerous and 
 unprecedented? The undersigned forbear to remark upon the 
 character of the measure in reference to the judiciary, but may 
 be allowed to say that, in their judgments, the operation of the 
 bill will be prejudicial to the rights of the citizens and the char- 
 acter of the state. Judicial decisions in courts of the last resort 
 not only affect the interest of the suitors, but, like legislative 
 enactments, are of importance to the whole community, because 
 they form rules of future action. 
 
 It frequently becomes the duty of the supreme court to adju- 
 dicate upon the most intricate, grave and important causes, and 
 in so doing the court must necessarily settle principles of the 
 greatest importance, whether considered in reference to the 
 immediate amount involved, the sacredness of the rights affected, 
 or the extent and universality of their application. As the 
 judgment of this tribunal is final, it must be apparent that an 
 erroneous decision may occasion the most extensive and irrep- 
 arable mischief. It is, therefore, of the highest importance that 
 every opportunity should be afforded this tribunal for a full 
 and thorough investigation of the causes brought before it. The 
 questions this court may be thus called upon to decide are not 
 only of vital importance in their nature and results, but may be 
 
136 APPENDIX. 
 
 proportionably intricate and embarrassing in their character. 
 Will it then be contended that, in such a case, the court should 
 decide upon first impressions, without time and opportunity to 
 examine it in all its aspects and bearings ? The fate of this bill 
 will determine. At each term of the supreme court there are 
 from thirty to fifty causes continued to the succeeding term in 
 order to have an opportunity of investigating all the points 
 involved, to examine the records in the causes, to search for and 
 compare authorities, and, when a result is arrived at and agreed 
 upon, then to write out their opinions, so as not only to settle 
 the controversy between the parties, but to serve as a rule for 
 the government of similar cases. The discharge of this labori- 
 ous and responsible duty, it must be manifest to every under- 
 standing, cannot be accomplished in a few days. The principal 
 duties of a judge upon the circuit ends with the adjournment 
 of the court. But it is far otherwise with the members of a 
 court of the last resort. The investigation of causes continued 
 under advisement forms the most laborious part of their official 
 functions, and the most of the time allowed under the present 
 arrangement may be thus profitably employed. 
 
 The organization of the courts proposed by the bill is obnox- 
 ious to another objection, so deeply affecting the rights and 
 interests of every portion of society that the undersigned cannot 
 refrain from calling your attention to the subject. For nearly 
 half of the year all the judges, by this bill, will be drawn to the 
 seat of government, and, consequently, the performance of all 
 their functions must cease in every other portion of the state. 
 It results, as a necessary consequence, that many writs and 
 orders, that are absolutely necessary in the administration of 
 justice, must be obtained from those judges at considerable 
 expense and delay of suitors. This objection, however worthy 
 of consideration, is, nevertheless, of small moment when com- 
 pared with other consequences arising out of the detention of 
 all the judges of the state at the seat of government. The pas- 
 sage of this bill will totally preclude the possibility of holding 
 special terms for the dispatch of civil business or for the trial of 
 persons committed to jail for crime, a matter of vital import- 
 ance, as well to the whole community as to the prisoner. It is 
 
APPENDIX. 137 
 
 well known that the jails in many of the counties are very inse- 
 cure. This circumstance is often the cause of heavy expense to 
 such counties, by compelling them to hire a guard. In addition 
 to the heavy burthens thus unnecessarily thrown upon counties 
 in guarding and in supporting prisoners for nearly half a year, 
 the rights of the prisoners are also disregarded by being detained 
 in an uncomfortable jail during the most inclement season of the 
 year and thus subject to much deprivation and suffering before 
 trial. Any unnecessary suffering inflicted on those charged, but 
 not convicted of crime, is equally at war with the principles of 
 justice and humanity. Should the prisoner, however, be found 
 innocent of the charge, his long imprisonment and suffering will 
 be a serious reproach to the institutions of the country, as well 
 as an unmerited and irreparable calamity to the injured indi- 
 vidual, who is left without remuneration for his lost time and 
 without redress for his aggravated sufferings. It is undoubtedly 
 the duty of the state to provide for the prisoner as early a trial 
 as the circumstances of the country will permit. This is guar- 
 anteed by the express terms of the constitution, and is dictated 
 by justice and humanity. But neither the spirit of the constitu- 
 tion nor the principles of justice can be carried into efficient 
 operation under the judicial system proposed by this bill. 
 
 The passage of this bill may also seriously interrupt the ses- 
 sions of the circuit courts if, during their sessions, there should 
 arise any emergency for a special call of the legislature. The 
 judges would then be under the necessity of immediately aban- 
 doning their circuits and leaving their business, no matter how 
 great or how pressing, undisposed of, to attend at the seat of 
 government. The bill makes no provision for a state of things, 
 which, in the opinion of the undersigned, may work great injury 
 and inconvenience to' persons now suitors in court. Some of the 
 circuit courts are now, according to law, in session, and will 
 doubtless continue in session until they are apprised, in an offi- 
 cial manner, of the final passage of this bill. All their adjudica- 
 tions and proceedings, after this bill becomes a law, will be null 
 and void, and all persons concerned in executing the same, or 
 any process under them, will be trespassers. 
 
138 APPENDIX. 
 
 * 
 
 The undersigned can perceive no reason in the fact that, 
 because the legislature in J Hilary, 1827, repealed the circuit 
 court system, it would be proper and expedient to do so now. 
 Since that time the population of this state has increased from 
 about seventy-five thousand to near half a million, and in 
 greater proportion than the increase of population has been the 
 increase of business. Our wants have become multiplied and 
 complicated with every accession to our population. At the 
 time of the former repeal of the circuit system there were but 
 thirty-eight counties in this state, many of them having hardly 
 business enough to occupy the courts for one day. Now the 
 case is entirely different. We have nearly one hundred coun- 
 ties, many of them with an extremely numerous, enterprising 
 and business population, demanding from the government an 
 increase of the facilities for enabling them to assert and deter- 
 mine their legal rights, instead of a diminution of those to 
 which they have been accustomed for years past. In many of 
 the circuit courts of this state, it has been found impossible to 
 dispose of the business that has been accumulating within the 
 last three or four years, although the legislature has doubled, 
 and in some instances trebled, the length of time formerly 
 allowed them for holding their courts. This, however, is not a 
 matter of surprise. It is the inevitable effect of the march of 
 civilization and prosperity. 
 
 The undersigned are, therefore, clearly of opinion that what 
 may have been wise and prosperous then, may be highly impo- 
 litic, nay, even ruinous now. 
 
 Nor do they believe that an argument can be drawn in favor 
 of the proposed plan for the system adopted by the federal gov- 
 ernment in the organization of her judiciary department. That 
 system doubtless is found to work well in practice, and answers 
 the purposes to which it was designed. But it must be borne in 
 mind that the Supreme Court of the United States does not 
 form a council of revision, as do the judges of the supreme 
 court of this state. That the federal courts are courts of limited 
 and defined jurisdiction, having no right to adjudicate upon 
 cases, except in a very few instances, where it was supposed or 
 feared that the state courts would not afford adequate relief to 
 
APPENDIX. 139 
 
 one or other of the parties. This prevents, to a great extent, 
 the overwhelming increase of business in those courts which 
 takes place in our own, and renders a system inapplicable to us, 
 applicable and proper to them. In addition to this, the under- 
 signed would remark that the jurisdiction of those courts 
 extends over twenty-six states each having a distinct and 
 separate system of laws ar 1 practice and which laws and prac- 
 tice, except in a few cases, arc to be adopted by the federal 
 courts. These circumstances may render it highly proper that 
 the judges of the Supreme Court of the United States should 
 perform circuit duties and acquire a knowledge of the practice 
 and laws of those etates, with reference to which they are called 
 upon to give their opinions at Washington city. But, surely, no 
 such state of things exists here. There is not a distinct code of 
 laws or system of practice applicable to each of the counties of 
 this state. One uniform system prevails over the whole. 
 
 In every part it is, or should be, the same. Certainly, then, 
 no analogy can be found to exist between the judiciary system 
 of the federal government and that of this state from which an 
 argument could be drawn in favor of the system proposed by 
 this bill. Perhaps it may not be amiss here to inquire, if the 
 system of the federal judiciary would be useful and proper for 
 the adoption of the states, why some of the neighboring states, 
 whose condition and circumstances are similar to our own, have 
 not before this time adopted it, and thus availed themselves of 
 its benefits ? 
 
 In every point of view in which the proposition contained in 
 the bill before us has presented itself, difficulties and obstacles 
 arise, so great and manifest, that the undersigned are Con- 
 strained by a sense of duty to the country to return the bill 
 with their objections. WM. WILSON. 
 
 S. D. LOCKWOOD. 
 
 February 8, 1841. T. C. BROWNE. 
 
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