FOOTNOTES:

FOOTNOTES:[1]Mr. H. C. Lodge, in hisLife of Daniel Webster, says, touching the debate with Hayne in 1830:"When the Constitution was adopted by the votes of states at Philadelphia, and accepted by the votes of states in popular conventions, it is safe to say that there was not a man in the country, from Washington and Hamilton, on the one side, to George Clinton and George Mason, on the other, who regarded the new system as anything but an experiment entered upon by the states, and from which each and every state had the right to peaceably withdraw, a right which was very likely to be exercised."Mr. Gaillard Hunt, author of theLife of James Madison, and editor of his writings, has published recently a confidential memorandum dated May 11, 1794, written by John Taylor of Caroline for Mr. Madison's information, giving an account of a long and solemn interview between himself and Rufus King and Oliver Ellsworth, in which the two latter affirmed that, by reason of differences of opinion between the East and the South, as to the scope and functions of government, the Union could not last long. Therefore they considered it best to have a dissolution at once, by mutual consent, rather than by a less desirable mode. Taylor, on the other hand, thought that the Union should be supported if possible, but if not possible he agreed that an amicable separation was preferable. Madison wrote at the bottom of this paper the words: "The language of K and E probablyin terrorem," and laid it away so carefully that it never saw the light until the year 1905.[2]Letters of Daniel Webster, edited by C. W. Van Tyne, p. 67. Mr. Van Tyne says that Webster "here advocated a doctrine hardly distinguishable from nullification."[3]Referring to this speech of Calhoun and to Webster's reply, Mr. Lodge says:"Whatever the people of the United States understood the Constitution to mean in 1789, there can be no question that a majority in 1833 regarded it as a fundamental law and not a compact,—an opinion which has now become universal. But it was quite another thing to argue that what the Constitution had come to mean was what it meant when it was adopted."See also Pendleton'sLife of Alexander H. Stephens, chap.XI.[4]G. H. Moore'sHistory of Slavery in Massachusetts, p. 215.[5]Jefferson was cut to the heart by this failure. Commenting on an article entitled "États Unis" in theEncylopédie, written by M. de Meusnier, referring to his proposed anti-slavery ordinance, he said:"The voice of a single individual of the State which was divided, or one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man, and Heaven was silent in that awful moment."[6]General W. T. Sherman as College President, p. 88.

[1]Mr. H. C. Lodge, in hisLife of Daniel Webster, says, touching the debate with Hayne in 1830:"When the Constitution was adopted by the votes of states at Philadelphia, and accepted by the votes of states in popular conventions, it is safe to say that there was not a man in the country, from Washington and Hamilton, on the one side, to George Clinton and George Mason, on the other, who regarded the new system as anything but an experiment entered upon by the states, and from which each and every state had the right to peaceably withdraw, a right which was very likely to be exercised."Mr. Gaillard Hunt, author of theLife of James Madison, and editor of his writings, has published recently a confidential memorandum dated May 11, 1794, written by John Taylor of Caroline for Mr. Madison's information, giving an account of a long and solemn interview between himself and Rufus King and Oliver Ellsworth, in which the two latter affirmed that, by reason of differences of opinion between the East and the South, as to the scope and functions of government, the Union could not last long. Therefore they considered it best to have a dissolution at once, by mutual consent, rather than by a less desirable mode. Taylor, on the other hand, thought that the Union should be supported if possible, but if not possible he agreed that an amicable separation was preferable. Madison wrote at the bottom of this paper the words: "The language of K and E probablyin terrorem," and laid it away so carefully that it never saw the light until the year 1905.

[1]Mr. H. C. Lodge, in hisLife of Daniel Webster, says, touching the debate with Hayne in 1830:

"When the Constitution was adopted by the votes of states at Philadelphia, and accepted by the votes of states in popular conventions, it is safe to say that there was not a man in the country, from Washington and Hamilton, on the one side, to George Clinton and George Mason, on the other, who regarded the new system as anything but an experiment entered upon by the states, and from which each and every state had the right to peaceably withdraw, a right which was very likely to be exercised."

Mr. Gaillard Hunt, author of theLife of James Madison, and editor of his writings, has published recently a confidential memorandum dated May 11, 1794, written by John Taylor of Caroline for Mr. Madison's information, giving an account of a long and solemn interview between himself and Rufus King and Oliver Ellsworth, in which the two latter affirmed that, by reason of differences of opinion between the East and the South, as to the scope and functions of government, the Union could not last long. Therefore they considered it best to have a dissolution at once, by mutual consent, rather than by a less desirable mode. Taylor, on the other hand, thought that the Union should be supported if possible, but if not possible he agreed that an amicable separation was preferable. Madison wrote at the bottom of this paper the words: "The language of K and E probablyin terrorem," and laid it away so carefully that it never saw the light until the year 1905.

[2]Letters of Daniel Webster, edited by C. W. Van Tyne, p. 67. Mr. Van Tyne says that Webster "here advocated a doctrine hardly distinguishable from nullification."

[3]Referring to this speech of Calhoun and to Webster's reply, Mr. Lodge says:"Whatever the people of the United States understood the Constitution to mean in 1789, there can be no question that a majority in 1833 regarded it as a fundamental law and not a compact,—an opinion which has now become universal. But it was quite another thing to argue that what the Constitution had come to mean was what it meant when it was adopted."See also Pendleton'sLife of Alexander H. Stephens, chap.XI.

[3]Referring to this speech of Calhoun and to Webster's reply, Mr. Lodge says:

"Whatever the people of the United States understood the Constitution to mean in 1789, there can be no question that a majority in 1833 regarded it as a fundamental law and not a compact,—an opinion which has now become universal. But it was quite another thing to argue that what the Constitution had come to mean was what it meant when it was adopted."

See also Pendleton'sLife of Alexander H. Stephens, chap.XI.

[4]G. H. Moore'sHistory of Slavery in Massachusetts, p. 215.

[5]Jefferson was cut to the heart by this failure. Commenting on an article entitled "États Unis" in theEncylopédie, written by M. de Meusnier, referring to his proposed anti-slavery ordinance, he said:"The voice of a single individual of the State which was divided, or one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man, and Heaven was silent in that awful moment."

"The voice of a single individual of the State which was divided, or one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man, and Heaven was silent in that awful moment."

[6]General W. T. Sherman as College President, p. 88.

ANCESTRY AND EARLY LIFE

The subject of this memoir was born in Colchester, Connecticut, October 12, 1813. The Trumbull family was the most illustrious in the state, embracing three governors and other distinguished men. All were descendants of John Trumbull (or rather "Trumble"[7]), a cooper by trade, and his wife, Ellenor Chandler, of Newcastle, England, who migrated to Massachusetts in 1639, and settled first in Roxbury and removed to Rowley in the following year. Two sons were born to them in Newcastle-on-Tyne: Beriah, 1637 (died in infancy), and John, 1639.

The latter at the age of thirty-one removed to Suffield, Connecticut. He married and had four sons: John, Joseph, Ammi, and Benoni.

Captain Benoni Trumbull, married to Sarah Drake and settled in Lebanon, Connecticut, had a son, Benjamin, born May 11, 1712.

This Benjamin, married to Mary Brown of Hebron, Connecticut, had a son, Benjamin, born December 19, 1735.

This son was graduated at Yale College in 1759, and studied for the ministry; he was ordained in 1760 at North Haven, Connecticut, where he officiated nearlysixty years, his preaching being interrupted only by the Revolutionary War, in which he served both as soldier and as chaplain. He was the author of the standard colonial history of Connecticut. He was married to Miss Martha Phelps in 1760. They had two sons and five daughters.

The elder son, Benjamin, born in North Haven, September 24, 1769, became a lawyer and married Elizabeth Mather, of Saybrook, Connecticut, March 15, 1800, and settled in Colchester, Connecticut. The wife was a descendant of Rev. Richard Mather, who migrated from Liverpool, England, to Massachusetts in 1635, and was the father of Increase Mather and grandfather of Cotton Mather, both celebrated in the church history of New England. Eleven children were born to these parents, of whom Lyman was the seventh. This Benjamin Trumbull was a graduate of Yale College, representative in the legislature, judge for the probate districts of East Haddam and Colchester, and died in Henrietta, Jackson County, Michigan, June 14, 1850, aged eighty-one. His wife died October 20, 1828, in her forty-seventh year. Lyman Trumbull was thus in the seventh generation of the Trumbulls in America.[8]

Five brothers and two sisters of Lyman reached maturity. A family of this size could not be supported by the fees earned by a country lawyer in the early part of the nineteenth century. The only other resource available was agriculture. Thus the Trumbull children began life on a farm and drew their nourishment from the soil cultivated by their own labor. It is recorded that, although the father and the grandfather of Lyman were graduates of Yale College, chill penury prevented him from having similar advantages of education. His schooling was obtained at Bacon Academy, in Colchester, which was of high grade, and second only to Yale among the educational institutions of the state. Here the boy Lyman took the lessons in mathematics that were customary in the academies of that period, and became conversant with Virgil and Cicero in Latin and with Xenophon, Homer, and the New Testament in Greek.

BIRTHPLACE OF LYMAN TRUMBULL, COLCHESTER, CONN.

The opportunities to put an end to one's existence are so common to American youth that it is cause for wonder that so many of them reach mature years. Young Trumbull was not lacking in such facilities. The following incident is well authenticated, being narrated in part in his own handwriting:

When about thirteen years old he was playing ball one cold day in the family yard. The well had a low curbing around it and was covered by a round flat stone with a round hole in the top of it. He ran towards the well for the ball, which he picked up and threw quickly. As he did so his foot slipped on the ice and he went head first down the well. His recollection of the immediate details is vague, but he did not break his neck or stun himself on the rocky sides, but appears to have gone down like a diver, and somehow managed to turn in the narrow space and come up head first. The well had an old-fashioned sweep with a bucket on it, which his brothers promptly lowered and he was hoisted out, drenched and cold, but apparently not otherwise injured.

He attended school and worked on the farm until he was eighteen years of age when he earned some money byteaching the district school one year at Portland, Connecticut. At the age of nineteen he taught school one winter in New Jersey, returning to Colchester the following summer. He had established a character for rectitude, industry, modesty, sobriety, and good manners, so that when, in his twentieth year (1833), he decided to go to the state of Georgia to seek employment as a school-teacher, nearly all the people in the village assembled to wish him godspeed on that long journey, which was made by schooner, sailing from the Connecticut River to Charleston, South Carolina. The voyage was tempestuous but safe, and he arrived at Charleston with one hundred dollars in his pocket which his father had given him as a start in life. This money he speedily returned out of his earnings because he thought his father needed it more than himself.

A memorandum made by himself records that "on the evening of the day when he arrived at Charleston a nullification meeting was held in a large warehouse. The building was crowded, so he climbed up on a beam overhead and from that elevated position overlooked a Southern audience and heard two of the most noted orators in the South, Governor Hayne, and John C. Calhoun, then a United States Senator. He remembers little of the impression they made upon a youth of twenty, except that he thought Hayne an eloquent speaker."

From Charleston he went by railroad (the first one he had ever seen and one of the earliest put in operation in the United States) to a point on the Savannah River opposite Augusta, Georgia, and thence by stage to Milledgeville, which was then the capital of Georgia. From Milledgeville he walked seventy-five miles to Pike County, where he had some hope of finding employment.Being disappointed there he continued his journey on foot to Greenville, Meriwether County, where he had more success even than he had expected, for he obtained a position as principal of the Greenville Academy at a salary of two hundred dollars per year in addition to the fees paid by the pupils. This position he occupied for three years.

While at Greenville he employed his leisure hours reading law in the office of Hiram Warner, judge of the superior court of Georgia, afterwards judge of the supreme court of the state and member of Congress. In this way he acquired the rudiments of the profession. As soon as he had gained sufficient capital to make a start in life elsewhere, he bought a horse, and, in March, 1837, took the trail through the "Cherokee Tract" toward the Northwest. This trail was a pathway formed by driving cattle and swine through the forest from Kentucky and Tennessee to Georgia. Dr. Parks, of Greenville, accompanied Trumbull during a portion of the journey. They traveled unarmed but safely, although Trumbull carried a thousand dollars on his person, the surplus earnings of his three years in Georgia. For a young man of twenty-four years without a family this was affluence in those days.

Through Kentucky, Trumbull continued his journey without any companion and made his entrance into Illinois at Shawneetown, on the Ohio River, where he presented letters of introduction from his friends in Georgia and was cordially welcomed. After a brief stay at that place he continued his journey to Belleville, St. Clair County, bearing letters of introduction from his Shawneetown friends to Adam W. Snyder and Alfred Cowles, prominent members of the bar at Belleville. Both received him with kindness and encouraged him tomake his home there. This he decided to do, but he first made a visit to his parental home in Colchester, going on horseback by way of Jackson, Michigan, near which town three of his older brothers, David, Erastus, and John, had settled as farmers.

Returning to Belleville in August, 1837, he entered the law office of Hon. John Reynolds, ex-governor of the state, who was then a Representative in Congress and was familiarly known as the "Old Ranger." Reynolds held, at one time and another, almost every office that the people of Illinois could bestow, but his fame rests on historical writings composed after he had withdrawn from public life.[9]

For how long a time Trumbull's connection with Governor Reynolds continued, our records do not say, but we know that he had an office of his own in Belleville three years later, and that his younger brother George had joined him as a student and subsequently became his partner.

The practice of the legal profession in those days was accomplished by "riding on the circuit," usually on horseback, from one county seat to another, following the circuit judge, and trying such cases as could be picked up by practitioners en route, or might be assigned to them by the judge. Court week always brought together a crowd of litigants and spectators, who came in from thesurrounding country with their teams and provisions, and often with their wives and children, and who lived in their own covered wagons. The trial of causes was the principal excitement of the year, and the opposing lawyers were "sized up" by juries and audience with a pretty close approach to accuracy. After adjournment for the day, the lawyers, judges, plaintiffs, defendants, and leading citizens mingled together in the country tavern, talked politics, made speeches or listened to them, cracked jokes and told stories till bedtime, and took up the unfinished lawsuit, or a new one, the next day. In short, court week was circus, theatre, concert, and lyceum to the farming population, but still more was it a school of politics, where they formed opinions on public affairs and on the mental calibre of the principal actors therein.

Two letters written by Trumbull in 1837 to his father in Colchester have escaped the ravages of time. Neither envelopes nor stamps existed then. Each letter consisted of four pages folded in such a manner that the central part of the fourth page, which was left blank, received the address on one side and a wafer or a daub of sealing wax on the other. The rate of postage was twenty-five cents per letter, and the writers generally sought to get their money's worth by taking a large sheet of paper and filling all the available space. Prepayment of postage was optional, but the privilege of paying in advance was seldom availed of, the writers not incurring the risk of losing both letters and money. Irregularity in the mails is noted by Trumbull, who mentions that a letter from Colchester was fifteen days en route, while a newspaper made the same distance in ten.

In a letter dated October 9, 1837, he tells his father that he is already engaged in a law case involving the ownership of a house. If he finds that he can earn hisliving in the practice of law, he shall like Belleville very much. In the same missive he tells his sister Julia that balls and cotillions are frequent in Belleville, and that he had attended one, but did not dance. It was the first time he had attended a social gathering since he left home in 1833. He adds, "There are more girls here than I was aware of. At the private party I attended, there were about fifteen, all residing in town." The writer was then at the susceptible age of twenty-four.

The other letter gives an account of the Alton riot and the killing of Rev. Elijah P. Lovejoy. This is one of the few contemporary accounts we have of that shocking event. Although he was not an eye-witness of the riot, the facts as stated are substantially correct, and the comments give us a view of the opinions of the writer at the age of twenty-four, touching a subject in which he was destined to play an important part. The letter is subjoined:

Belleville, Sunday, Nov. 12, 1837.Dear Father:Since my last to you there has been a mob to put down Abolitionism, in Alton, thirty-five miles northwest of this place, in which two persons were killed and six or seven badly wounded. The immediate cause of the riot was the attempt by a Mr. Lovejoy to establish at Alton a religious newspaper in which the principles of slavery were sometimes discussed. Mr. Lovejoy was a Presbyterian minister and formerly edited a newspaper in St. Louis, but having published articles in his paper in relation to slavery which were offensive to the people of St. Louis, a mob collected, broke open his office, destroyed his press and type and scattered it through the streets. Immediately after this transaction, which was about a year since, Mr. Lovejoy left St. Louis, and removed to Alton, where he attempted to re-establish his press, but he had not been there long before a mob assembled there also, broke into his office and destroyed his press. In a short time Mr. Lovejoy ordered another press which, soon after its arrival in Alton,was taken from the warehouse (where it was deposited), by a mob, and in like manner destroyed. Again he ordered still another press, which arrived in Alton on the night of the 7th inst., and was safely deposited in a large stone warehouse four or five storeys high.Previous to the arrival of this press, the citizens of Alton held several public meetings and requested Mr. L. to desist from attempting to establish his press there, but he refused to do so. Heretofore no resistance had ever been offered to the mob, but on the night of the 8th inst., as it was supposed that another attempt might possibly be made to destroy the press, Mr. L. and some 18 or 20 of his friends armed themselves and remained in the warehouse, where Mr. Gilman, one of the owners of the house, addressed the mob from a window, and urged them to desist, told them that there were several armed men in the house and that they were determined to defend their property. The mob demanded the press, which not being given them, they commenced throwing stones at the house and attempted to get into it. Those from within then fired and killed a man of the name of Bishop. The mob then procured arms, but were unable to get into the house. At last they determined on firing it, to which end, as it was stone, they had to get on the roof, which they did by means of a ladder. The firing during all this time, said to be about an hour, was continued on both sides. Mr. Lovejoy having made his appearance near one of the doors was instantly shot down, receiving four balls at the same moment. Those within agreed to surrender if their lives would be protected, and soon threw open the doors and fled. Several shots were afterward fired, but no one was seriously injured. The fire was then extinguished and the press taken and destroyed.So ended this awful catastrophe which, as you may well suppose, has created great excitement through this section of the country. Mr. Lovejoy is said to have been a very worthy man, and both friends and foes bear testimony to the excellence of his private character. Here, the course of the mob is almost universally reprobated, for whatever may have been the sentiments of Mr. Lovejoy, they certainly did not justify the mob taking his life. It is understood here that Mr. L. was never in the habit of publishing articles of an insurrectionary character,but he reasoned against slavery as being sinful, as a moral and political evil.His death and the manner in which he was slain will make thousands of Abolitionists, and far more than his writings would have made had he published his paper an hundred years. This transaction is looked on here, as not only a disgrace to Alton, but to the whole State. As much as I am opposed to the immediate emancipation of the slaves and to the doctrine of Abolitionism, yet I am more opposed to mob violence and outrage, and had I been in Alton, I would have cheerfully marched to the rescue of Mr. Lovejoy and his property.Yours very affectionately,Lyman Trumbull.

Belleville, Sunday, Nov. 12, 1837.

Dear Father:Since my last to you there has been a mob to put down Abolitionism, in Alton, thirty-five miles northwest of this place, in which two persons were killed and six or seven badly wounded. The immediate cause of the riot was the attempt by a Mr. Lovejoy to establish at Alton a religious newspaper in which the principles of slavery were sometimes discussed. Mr. Lovejoy was a Presbyterian minister and formerly edited a newspaper in St. Louis, but having published articles in his paper in relation to slavery which were offensive to the people of St. Louis, a mob collected, broke open his office, destroyed his press and type and scattered it through the streets. Immediately after this transaction, which was about a year since, Mr. Lovejoy left St. Louis, and removed to Alton, where he attempted to re-establish his press, but he had not been there long before a mob assembled there also, broke into his office and destroyed his press. In a short time Mr. Lovejoy ordered another press which, soon after its arrival in Alton,was taken from the warehouse (where it was deposited), by a mob, and in like manner destroyed. Again he ordered still another press, which arrived in Alton on the night of the 7th inst., and was safely deposited in a large stone warehouse four or five storeys high.

Previous to the arrival of this press, the citizens of Alton held several public meetings and requested Mr. L. to desist from attempting to establish his press there, but he refused to do so. Heretofore no resistance had ever been offered to the mob, but on the night of the 8th inst., as it was supposed that another attempt might possibly be made to destroy the press, Mr. L. and some 18 or 20 of his friends armed themselves and remained in the warehouse, where Mr. Gilman, one of the owners of the house, addressed the mob from a window, and urged them to desist, told them that there were several armed men in the house and that they were determined to defend their property. The mob demanded the press, which not being given them, they commenced throwing stones at the house and attempted to get into it. Those from within then fired and killed a man of the name of Bishop. The mob then procured arms, but were unable to get into the house. At last they determined on firing it, to which end, as it was stone, they had to get on the roof, which they did by means of a ladder. The firing during all this time, said to be about an hour, was continued on both sides. Mr. Lovejoy having made his appearance near one of the doors was instantly shot down, receiving four balls at the same moment. Those within agreed to surrender if their lives would be protected, and soon threw open the doors and fled. Several shots were afterward fired, but no one was seriously injured. The fire was then extinguished and the press taken and destroyed.

So ended this awful catastrophe which, as you may well suppose, has created great excitement through this section of the country. Mr. Lovejoy is said to have been a very worthy man, and both friends and foes bear testimony to the excellence of his private character. Here, the course of the mob is almost universally reprobated, for whatever may have been the sentiments of Mr. Lovejoy, they certainly did not justify the mob taking his life. It is understood here that Mr. L. was never in the habit of publishing articles of an insurrectionary character,but he reasoned against slavery as being sinful, as a moral and political evil.

His death and the manner in which he was slain will make thousands of Abolitionists, and far more than his writings would have made had he published his paper an hundred years. This transaction is looked on here, as not only a disgrace to Alton, but to the whole State. As much as I am opposed to the immediate emancipation of the slaves and to the doctrine of Abolitionism, yet I am more opposed to mob violence and outrage, and had I been in Alton, I would have cheerfully marched to the rescue of Mr. Lovejoy and his property.

Yours very affectionately,Lyman Trumbull.

After three years of riding on the circuit, Trumbull was elected, in 1840, a member of the lower house of the state legislature from St. Clair County. In politics he was a Democrat as was his father before him. This was the twelfth general assembly of the state. Among his fellow members were Abraham Lincoln, E. D. Baker, William A. Richardson, John J. Hardin, John. A. McClernand, William H. Bissell, Thomas Drummond, and Joseph Gillespie, all of whom were destined to higher positions.

Trumbull was now twenty-seven years of age. He soon attracted notice as a debater. His style of speaking was devoid of ornament, but logical, clear-cut, and dignified, and it bore the stamp of sincerity. He had a well-furnished mind, and was never at loss for words. Nor was he ever intimidated by the number or the prestige of his opponents. He possessed calm intellectual courage, and he never declined a challenge to debate; but his manner toward his opponents was always that of a high-bred gentleman.

On the 27th of February, 1841, Stephen A. Douglas, who was Trumbull's senior by six months, resigned the office of secretary of state of Illinois to take a seat onthe supreme bench, and Trumbull was appointed to the vacancy. There had been a great commotion in state politics over this office before Trumbull was appointed to it. Under the constitution of the state, the governor had the right to appoint the secretary, but nothing was said in that instrument about the power of removal. Alexander P. Field had been appointed secretary by Governor Edwards in 1828, and had remained in office under Governors Reynolds and Duncan. Originally a strong Jackson man, he was now a Whig. When Governor Carlin (Democrat) was elected in 1838 he decided to make a new appointment, but Field refused to resign and denied the governor's right to remove him. The State Senate sided with Field by refusing to confirm the new appointee, John A. McClernand. After the adjournment of the legislature, the governor reappointed McClernand, who sued out a writ ofquo warrantoto oust Field. The supreme court, consisting of four members, three of whom were Whigs, decided in favor of Field. The Democrats then determined to reform the judiciary. They passed a bill in the legislature adding five new judges to the supreme bench. "It was," says historian Ford, "confessedly a violent and somewhat revolutionary measure and could never have succeeded except in times of great party excitement." In the mean time Field had retired and the governor had appointed Douglas secretary of state, and Douglas was himself appointed one of the five new members of the supreme court. Accordingly he resigned, after holding the office only two months, and Trumbull was appointed to the vacancy without his own solicitation or desire.

Two letters written by Trumbull in 1842 acquaint us with the fact that his brother Benjamin had removed with his family from Colchester to Springfield and wasperforming routine duties in the office of the secretary of state, while Trumbull occupied his own time for the most part in the practice of law before the supreme court. He adds: "I make use of one of the committee rooms in the State House as a sleeping-room, so you see I almost live in the State House, and am the only person who sleeps in it. The court meets here and all the business I do is within the building." Not quite all, for in another letter (November 27, 1842) he confides to his sister Julia that a certain young lady in Springfield was as charming as ever, but that he had not offered her his hand in marriage, and that even if he should do so, it was not certain that she would accept it.

Trumbull had held the office of secretary of state two years when his resignation was requested by Governor Carlin's successor in office, Thomas Ford, author of aHistory of Illinois from 1814 to 1847. In his book Ford tells his reasons for asking Trumbull's resignation. They had formed different opinions respecting an important question of public policy, and Trumbull, although holding a subordinate office, had made a public speech in opposition to the governor's views.[10]Of course he did this on his own responsibility as a citizen and a member of the same party as the governor. He acknowledged the governor's right to remove him, and he made no complaint against the exercise of it.

The question of public policy at issue between Ford and Trumbull related to the State Bank, which had failed in February, 1842, and whose circulating notes, amounting to nearly $3,000,000, had fallen to a discount of fifty cents on the dollar. Acts legalizing the bank's suspension had been passed from time to time and things had gone from bad to worse. At this juncture a new bill legalizing the suspension for six months longer was prepared by the governor and at his instance was reported favorably by the finance committee of the House. Trumbull opposed this measure, and made a public speech against it. He maintained that it was disgraceful and futile to prolong the life of this bankrupt concern. He demanded that the bank be put in liquidation without further delay.

When Trumbull's resignation as secretary became known, the Democratic party at the state capital was rent in twain. Thirty-two of its most prominent members, including Virgil Hickox, Samuel H. Treat, Ebenezer Peck, Mason Brayman, and Robert Allen, took this occasion to tender him a public dinner in a letter expressing their deep regret at his removal and their desire to show the respect in which they held him for his conduct of the office, and for his social and gentlemanly qualities. A copy of this invitation was sent to theState Register, the party organ, for publication. The publishers refused to insert it, on the ground that it "would lead to a controversy out of which no good could possibly arise, and probably much evil tothe cause." Thereupon the signers of the invitation started a new paper under the watchword "Fiat Justitia, Ruat Cœlum," entitled theIndependent Democrat, of which Number 1, Volume 1, was a broadside containing the correspondence between Trumbull and the intending diners, together with sarcastic reflections on the time-serving publishers of theState Register. Trumbull's reply to the invitation, however, expressed his sincere regret that he had made arrangements, which could not be changed, to depart from Springfield before the time fixed for the dinner. He returned to Belleville and resumed the practice of his profession.

Charles Dickens was then making his first visit to the United States, and he happened to pass through Belleville while making an excursion from St. Louis to Looking Glass Prairie. His party had arranged beforehand for a noonday meal at Belleville, of which place, as it presented itself to the eye of a stranger in 1842, he gives the following glimpse:

Belleville was a small collection of wooden houses huddled together in the very heart of the bush and swamp. Many of them had singularly bright doors of red and yellow, for the place had lately been visited by a traveling painter "who got along," as I was told, "by eating his way." The criminal court was sitting and was at that moment trying some criminals for horse-stealing, with whom it would most likely go hard; for live stock of all kinds, being necessarily much exposed in the woods, is held by the community in rather higher value than human life; and for this reason juries generally make a point of finding all men indicted for cattle-stealing, guilty, whether or no. The horses belonging to the bar, the judge and witnesses, were tied to temporary racks set roughly in the road, by which is to be understood a forest path nearly knee-deep in mud and slime.There was an hotel in this place which, like all hotels in America, had its large dining-room for a public table. It was an odd, shambling, low-roofed outhouse, half cow-shed and half kitchen, with a coarse brown canvas tablecloth, and tin sconcesstuck against the walls, to hold candles at supper-time. The horseman had gone forward to have coffee and some eatables prepared and they were by this time nearly ready. He had ordered "wheat bread and chicken fixings" in preference to "corn bread and common doings." The latter kind of refection includes only pork and bacon. The former comprehends broiled ham, sausages, veal cutlets, steaks, and such other viands of that nature as may be supposed by a tolerably wide poetical construction "to fix" a chicken comfortably in the digestive organs of any lady or gentleman.[11]

There was an hotel in this place which, like all hotels in America, had its large dining-room for a public table. It was an odd, shambling, low-roofed outhouse, half cow-shed and half kitchen, with a coarse brown canvas tablecloth, and tin sconcesstuck against the walls, to hold candles at supper-time. The horseman had gone forward to have coffee and some eatables prepared and they were by this time nearly ready. He had ordered "wheat bread and chicken fixings" in preference to "corn bread and common doings." The latter kind of refection includes only pork and bacon. The former comprehends broiled ham, sausages, veal cutlets, steaks, and such other viands of that nature as may be supposed by a tolerably wide poetical construction "to fix" a chicken comfortably in the digestive organs of any lady or gentleman.[11]

A few months later, Trumbull made another journey to Springfield to be joined in marriage to Miss Julia M. Jayne, a daughter of Dr. Gershom Jayne, a physician of that city—a young lady who had received her education at Monticello Seminary, with whom he passed twenty-five years of unalloyed happiness. The marriage took place on the 21st of June, 1843, and Norman B. Judd served as groomsman. Miss Jayne had served in the capacity of bridesmaid to Mary Todd at her marriage to Abraham Lincoln on the 4th of November preceding. There was a wedding journey to Trumbull's old home in Connecticut, by steamboat from St. Louis to Wheeling, Virginia, by stage over the mountains to Cumberland, Maryland, and thence by rail via Baltimore, Philadelphia, and New York. After visiting his own family, a journey was made to Mrs. Trumbull's relatives at Stockbridge, Massachusetts, including her great-grandfather, a marvel of industry and longevity, ninety-two years of age, a cooper by trade, who was still making barrels with his own hands. This fact is mentioned in a letter from Trumbull to his father, dated Barry, Michigan, August 20, 1843, at which place he had stopped on his homeward journey to visithis brothers. One page of this letter is given up to glowing accounts of the infant children of these brothers. And here it is fitting to say that all these faded and time-stained epistles to his father and his brothers and sisters, from first to last, are marked by tender consideration and unvarying love and generosity. Not a shadow passed between them.

The return journey from Michigan to Belleville was made by stage-coach. October 12, 1843, Mrs. Trumbull writes to her husband's sisters in Colchester that she has arrived in her new home. "We are boarding in a private family," she says, "have two rooms which Mrs. Blackwell, the landlady, has furnished neatly, and for my part, I am anticipating a very delightful winter. Lyman is now at court, which keeps him very much engaged, and I am left to enjoy myself as best I may until G. comes around this afternoon to play chess with me."

May 4, 1844, the first child was born to Lyman and Julia Trumbull, a son, who took the name of his father, but died in infancy. July 2, 1844, Trumbull writes to his father that the most disastrous flood ever known, since the settlement of the country by the whites, has devastated the bottom lands of the Mississippi, Missouri, and Illinois Rivers. He also gives an account of the killing of Joseph Smith, the Mormon prophet, who was murdered by a mob in the jail at Carthage, Hancock County, after he had surrendered himself to the civil authorities on promise of a fair trial and protection against violence; and says that he has rented a house which he shall occupy soon, and invites his sister Julia to come to Belleville and make her home in his family.

In 1845, Benjamin Trumbull, Sr., sold his place in Colchester and removed with his two daughters to Henrietta, Michigan, where three of his sons were alreadysettled as farmers. It appears from letters that passed between the families that none of the brothers in Michigan kept horses, the farm work being done by oxen exclusively. The nearest church was in the town of Jackson, but the sisters were not able to attend the services for want of a conveyance. They were prevented by the same difficulty from forming acquaintances in their new habitat. In a letter to his father, dated October 26, Trumbull delicately alludes to the defect in the housekeeping arrangements in Michigan, and says that anything needed to make his father and sisters comfortable and contented, that he can supply, will never be withheld. His brother George writes a few days later offering a contribution of fifty dollars to buy a horse, saying that good ones can be bought in Illinois at that price. George adds: "Our papers say considerable about running Lyman for governor. No time is fixed for the convention yet, and I don't think he has made up his mind whether to be a candidate or not."

The greatest drawback of the Trumbull family at this time, and, indeed, of all the inhabitants roundabout, was sickness. Almost every letter opened tells either of a recovery from a fever, or of sufferings during a recent one, or apprehensions of a new one and from these harassing visitations no one was exempt. In a letter of October 26 we read:

We have all been sick this fall and this whole region of country has been more sickly than ever before known. George and myself both had attacks of bilious fever early in September which lasted about ten days. Since then Julia has had two attacks, the last of which was quite severe and confined her to the room nearly two weeks. I also have had a severe attack about three weeks since, but it was slight. When I was sick we sent over to St. Louis for Dr. Tiffany, and by some means the news of our sending there, accompanied by a report that I wasmuch worse than was really the case, reached Springfield, and Dr. and Mrs. Jayne came down post haste in about a day and a half. When they got here, I was downstairs. They only staid overnight and started back the next morning. They had heard that I was not expected to live.

In February, 1846, when Trumbull was in his thirty-third year, his friends presented his name to the Democratic State Convention for the office of governor of the state. A letter to his father gives the details of the balloting in the convention. Six candidates were voted for. On the first ballot he received 56 votes; the next highest candidate, Augustus C. French, had 47; and the third, John Calhoun, had 44. The historian, John Moses, says that "the choice, in accordance with a line of precedents which seemed almost to indicate a settled policy, fell upon him who had achieved least prominence as a party leader, and whose record had been least conspicuous—Augustus C. French."

A letter from Trumbull to his father says that his defeat was due to the influence of Governor Ford, whose first choice was Calhoun, but who turned his following over to French in order to defeat Trumbull. French was elected, and made a respectable governor. Calhoun subsequently went, in an official capacity, to Kansas, where he became noted as the chief ballot-box stuffer of the pro-slavery party in the exciting events of 1856-58.

A letter from Mrs. Trumbull to her father-in-law, May 4, 1846, mentions the birth of a second son (Walter), then two and a half months old. It informs him also that her husband has been nominated for Congress by the Democrats of the First District, the vote in the convention being, Lyman Trumbull, 24; John Dougherty, 5; Robert Smith, 8. The political issues in this campaign are obscure, but the result of the election was again adverse.The supporters of Robert Smith nominated him as a bolting candidate; the Whigs made no nomination, but supported Smith, who was elected.

A letter written by Mrs. Trumbull at Springfield, December 16, 1846, mentions the first election of Stephen A. Douglas as United States Senator. "A party is to be given in his name," she says, "at the State House on Friday evening under the direction of Messrs. Webster and Hickox. The tickets come in beautiful envelopes, and I understand that Douglas has authorized the gentlemen to expend $50 in music, and directed the most splendid entertainment that was ever prepared in Springfield."

A letter to Benjamin Trumbull, Sr., from his son of the same name, who was cultivating a small farm near Springfield, gives another glimpse of the family health record, saying that "both Lyman and George have had chills and fever two or three days this spring"; also, that "Lyman's child was feeble in consequence of the same malady; and that he [Benjamin] has been sick so much of the time that he could not do his Spring planting without hired help, for which Lyman had generously contributed $20, and offered more."

May 13, 1847, Trumbull writes to his father that he intends to go with his family and make the latter a visit for the purpose of seeing the members of the family in Michigan; also in the hope of escaping the periodical sickness which has afflicted himself and wife and little boy, and almost every one in Belleville, during several seasons past. As this periodical sickness was chills and fever, we may assume that it was due to the prevalence of mosquitoes, of the varietyanopheles. Half a century was still to pass ere medical science made this discovery, and delivered civilized society from the scourge called "malaria."

The journey to Michigan was made. An account (dated Springfield, August 1, 1847) of the return journey is interesting by way of contrast with the facilities for traveling existing at the present time.

We left Cassopolis Monday about ten o'clock and came the first 48 miles, which brought us to within five miles of La Porte. The second night we passed at Battstown 45 miles on the road from La Porte towards Joliet. The third night we passed at Joliet, distance 40 miles. The fourth night we passed at Pontiac, having traveled 60 miles to get to a stopping place, and finding but a poor one at that. The fifth night we were at Bloomington, distance 40 miles. The sixth day we traveled 43 miles and to within 18 miles of this place; the route we came from Cassopolis to Springfield is 294 miles, and from Brother David's about 386 miles. Our expenses for tavern bills from David's to this place were $17.75. Pretty cheap, I think.

Among other items of interest it may be noted that the rate of postage had been reduced to ten cents per letter, but stamps had not yet come into use. The earnings of the Trumbull law firm (Lyman and George) for the year 1847 were $2300.

In 1847, a new constitution was adopted by the state of Illinois which reduced the number of judges of the supreme court from nine to three. The state was divided into three grand divisions, or districts, each to select one member of the court. After the first election one of the judges was to serve three years, one six years, and one nine years, at a compensation of $1200 per year each. These terms were to be decided by lot, and thereafter the term of each judge should be nine years. Trumbull was elected judge for the first or southern division in 1848. His colleagues, chosen at the same time, were Samuel H. Treat and John D. Caton. He drew the three years' term.

In the year 1849, Trumbull bought a brick house andthree acres of ground, with an orchard of fruit-bearing trees, in the town of Alton, Madison County, and removed thither with his family. In announcing this fact to his father the only reason he assigns for his change of residence is that the inhabitants of Alton are mostly from the Eastern States. Its population at that time was about 3000; that of Upper Alton, three miles distant, was 1000. The cost of house and ground, with some additions and improvements, was $2500, all of which was paid in cash out of his savings. Incidentally he remarks that he has never borrowed money, never been in debt, never signed a promissory note, and that he hopes to pass through life without incurring pecuniary liabilities.[12]

From the tone of the letter in which his change of residence is announced, the inference is drawn that Trumbull had abandoned his law practice at Belleville with the expectation of remaining on the bench for an indefinite period. He accepted a reëlection as judge in 1852 for a term of nine years, yet he resigned a year and a half later because the salary was insufficient to support his family. Walter B. Scates was chosen as his successor on the supreme bench. Nearly forty-five years later, Chief Justice Magruder, of the Illinois supreme court, answering John M. Palmer's address presenting the memorial of the Chicago Bar Association on the life and services of Trumbull, recently deceased, said that no lawyer could read the opinions handed down by the dead statesman when on the bench, "without being satisfiedthat the writer of them was an able, industrious, and fair-minded judge. All his judicial utterances ... are characterized by clearness of expression, accuracy of statement, and strength of reasoning. They breathe a spirit of reverence for the standard authorities and abound in copious reference to those authorities.... The decisions of the court, when he spoke as its organ, are to-day regarded as among the most reliable of its established precedents."

FOOTNOTES:[7]Stuart'sLife of Jonathan Trumbullsays that the family name was spelled "Trumble" until 1766, when the second syllable was changed to "bull."[8]Joseph, the second son of the John above mentioned, who had settled in Suffield, Connecticut, in 1670, removed to Lebanon. He was the father of Jonathan Trumbull (1710-1785), who was governor of Connecticut during the Revolutionary War, and who was the original "Brother Jonathan," to whom General Washington gave that endearing title, which afterwards came to personify the United States as "John Bull" personifies England. (Stuart'sJonathan Trumbull, p. 697.) His son Jonathan (1740-1809) was a Representative in Congress, Speaker of the House, Senator of the United States, and Governor of Connecticut. John Trumbull (1756-1843), another son of "Brother Jonathan," was a distinguished painter of historical scenes and of portraits.[9]Reynolds wrote aPioneer History of Illinois from 1637 to 1818, and also a larger volume entitledMy Own Times. The latter is the more important of the two. Although crabbed in style, it is an admirable compendium of the social, political, and personal affairs of Illinois from 1800 to 1850. Taking events at random, in short chapters, without connection, circumlocution, or ornament, he says the first thing that comes into his mind in the fewest possible words, makes mistakes of syntax, but never goes back to correct anything, puts down small things and great, tells about murders and lynchings, about footraces in which he took part, and a hundred other things that are usually omitted in histories, but which throw light on man in the social state, all interspersed with sound and shrewd judgments on public men and events.[10]The following correspondence passed between them:Springfield, March 4, 1843.Lyman Trumbull, Esq.,Dear Sir:It is my desire, in pursuance of the expressed wish of the Democracy, to make a nomination of Secretary of State, and I hope you will enable me to do so without embarrassing myself. I am most respectfully,Your obedient servant,Thomas Ford.Springfield, March 4, 1843.To His Excellency, Thomas Ford:Sir,—In reply to your note of this date this moment handed me, I have only to state that I recognize fully your right, at any time, to make a nomination of Secretary of State.Yours respectfully,Lyman Trumbull.[11]American Notes, chap.xiii. The reason why horses were more precious than human life was that when the frontier farmer lost his work-team, he faced starvation. Both murder and horse-stealing were then capital offenses, the latter by the court of Judge Lynch.[12]Mr. Morris St. P. Thomas, a close friend of Trumbull in his latter years, a member of his law office, and administrator of his estate, made the following statement in an interview given at 107 Dearborn Street, Chicago, June 13, 1910: "Judge Trumbull once told me that he had never in his life given a promissory note. 'But you do not mean,' said I, 'that in every purchase of real estate you ever made you paid cash down!' 'I do mean just that,' the Judge replied. 'I never in my life gave a promissory note.'"

[7]Stuart'sLife of Jonathan Trumbullsays that the family name was spelled "Trumble" until 1766, when the second syllable was changed to "bull."

[8]Joseph, the second son of the John above mentioned, who had settled in Suffield, Connecticut, in 1670, removed to Lebanon. He was the father of Jonathan Trumbull (1710-1785), who was governor of Connecticut during the Revolutionary War, and who was the original "Brother Jonathan," to whom General Washington gave that endearing title, which afterwards came to personify the United States as "John Bull" personifies England. (Stuart'sJonathan Trumbull, p. 697.) His son Jonathan (1740-1809) was a Representative in Congress, Speaker of the House, Senator of the United States, and Governor of Connecticut. John Trumbull (1756-1843), another son of "Brother Jonathan," was a distinguished painter of historical scenes and of portraits.

[9]Reynolds wrote aPioneer History of Illinois from 1637 to 1818, and also a larger volume entitledMy Own Times. The latter is the more important of the two. Although crabbed in style, it is an admirable compendium of the social, political, and personal affairs of Illinois from 1800 to 1850. Taking events at random, in short chapters, without connection, circumlocution, or ornament, he says the first thing that comes into his mind in the fewest possible words, makes mistakes of syntax, but never goes back to correct anything, puts down small things and great, tells about murders and lynchings, about footraces in which he took part, and a hundred other things that are usually omitted in histories, but which throw light on man in the social state, all interspersed with sound and shrewd judgments on public men and events.

[10]The following correspondence passed between them:Springfield, March 4, 1843.Lyman Trumbull, Esq.,Dear Sir:It is my desire, in pursuance of the expressed wish of the Democracy, to make a nomination of Secretary of State, and I hope you will enable me to do so without embarrassing myself. I am most respectfully,Your obedient servant,Thomas Ford.Springfield, March 4, 1843.To His Excellency, Thomas Ford:Sir,—In reply to your note of this date this moment handed me, I have only to state that I recognize fully your right, at any time, to make a nomination of Secretary of State.Yours respectfully,Lyman Trumbull.

[10]The following correspondence passed between them:

Springfield, March 4, 1843.Lyman Trumbull, Esq.,Dear Sir:It is my desire, in pursuance of the expressed wish of the Democracy, to make a nomination of Secretary of State, and I hope you will enable me to do so without embarrassing myself. I am most respectfully,Your obedient servant,Thomas Ford.Springfield, March 4, 1843.To His Excellency, Thomas Ford:Sir,—In reply to your note of this date this moment handed me, I have only to state that I recognize fully your right, at any time, to make a nomination of Secretary of State.Yours respectfully,Lyman Trumbull.

Springfield, March 4, 1843.

Lyman Trumbull, Esq.,

Dear Sir:It is my desire, in pursuance of the expressed wish of the Democracy, to make a nomination of Secretary of State, and I hope you will enable me to do so without embarrassing myself. I am most respectfully,

Your obedient servant,

Thomas Ford.

Springfield, March 4, 1843.

To His Excellency, Thomas Ford:

Sir,—In reply to your note of this date this moment handed me, I have only to state that I recognize fully your right, at any time, to make a nomination of Secretary of State.

Yours respectfully,

Lyman Trumbull.

[11]American Notes, chap.xiii. The reason why horses were more precious than human life was that when the frontier farmer lost his work-team, he faced starvation. Both murder and horse-stealing were then capital offenses, the latter by the court of Judge Lynch.

[12]Mr. Morris St. P. Thomas, a close friend of Trumbull in his latter years, a member of his law office, and administrator of his estate, made the following statement in an interview given at 107 Dearborn Street, Chicago, June 13, 1910: "Judge Trumbull once told me that he had never in his life given a promissory note. 'But you do not mean,' said I, 'that in every purchase of real estate you ever made you paid cash down!' 'I do mean just that,' the Judge replied. 'I never in my life gave a promissory note.'"

SLAVERY IN ILLINOIS

When the territory comprising the state of Illinois passed under control of the United States, negro slavery existed in the French villages situated on the so-called American Bottom, a strip of fertile land extending along the east bank of the Mississippi River from Cahokia on the north to Kaskaskia on the south, embracing the present counties of St. Clair, Monroe, and Randolph. The first European settlements had been made here about 1718, by colonists coming up the great river from Louisiana, under the auspices of John Law's Company of the Indies.

The earlier occupation of the country by French explorers and Jesuit priests from Canada had been in the nature of fur-trading and religious propagandism, rather than permanent colonies, although marriages had been solemnized in due form between French men and Indian women, and a considerable number of half-breed children had been born. Five hundred negro slaves from Santo Domingo were sent up the river in 1718, to work any gold and silver mines that might be found in the Illinois country. In fact, slavery of red men existed there to some extent, before the Africans arrived, the slaves being captives taken in war.

In 1784-85, Thomas Jefferson induced Rev. James Lemen, of Harper's Ferry, Virginia, to migrate to Illinois in order to organize opposition to slavery in the Northwest Territory and supplied him with money for that purpose. Mr. Lemen came to Illinois in 1786 and settledin what is now Monroe County. He was the founder of the first eight Baptist churches in Illinois, all of which were pledged to oppose the doctrine and practice of slavery. Governor William H. Harrison having forwarded petitions to Congress to allow slavery in the Northwest Territory, Jefferson wrote to Lemen to go, or send an agent, to Indiana, to get petitions signed in opposition to Harrison. Lemen did so. A letter of Lemen, dated Harper's Ferry, December 11, 1782, says that Jefferson then had the purpose to dedicate the Northwest Territory to freedom.[13]

In 1787, Congress passed an ordinance for the government of the territory northwest of the river Ohio which had been ceded to the United States by Virginia. The sixth article of this ordinance prohibited slavery in said territory. Inasmuch as the rights of persons and property had been guaranteed by treaties when this region had passed from France to Great Britain and later to the United States, this article was generally construed as meaning that no more slaves should be introduced, and that all children born after the passage of the ordinance should be free, but that slaves held there prior to 1787 should continue in bondage.

Immigration was mainly from the Southern States. Some of the immigrants brought slaves with them, and the territorial legislature passed an act in 1812 authorizing the relation of master and slave under other names. It declared that it should be lawful for owners of negroes above fifteen years of age to take them before the clerk of the court of common pleas, and if a negro should agree to serve for a specified term of years, the clerk should record him or her as an "indentured servant." If the negro wasunder the age of fifteen, the owner might hold him without an agreement till the age of thirty-five if male, or thirty-two if female. Children born of negroes owing service by indenture should serve till the age of thirty if male, and till twenty-eight if female. This was a plain violation of the Ordinance of 1787 and was a glaring fraud in other respects. The negroes generally did not understand what they were agreeing to, and in cases where they did not agree the probable alternative was a sale to somebody in an adjoining slave state, so that they really had no choice. The state constitution, adopted in 1818, prohibited slavery, but recognized the indenture system by providing that male children born of indentured servants should be free at the age of twenty-one and females at the age of eighteen. The upshot of the matter was that there was just enough of the virus of slavery left to keep the caldron bubbling there for two generations after 1787, although the Congress of the Confederation supposed that they had then made an end of it.

This arrangement did not satisfy either the incoming slave-owners or those already domiciled there. Persistent attempts were made while the country was still under territorial government, to procure from Congress a repeal of the sixth article of the Ordinance, but they were defeated chiefly by the opposition of John Randolph, of Roanoke, Virginia. After the state was admitted to the Union, the pro-slavery faction renewed their efforts. They insisted that Illinois had all the rights of the other states, and could lawfully introduce slavery by changing the constitution. They proposed, therefore, to call a new convention for this purpose. To do so would require a two-thirds vote of both branches of the legislature, and a majority vote of the people at the next regular election. A bill for this purpose was passed in the Senate by therequisite majority, but it lacked one vote in the House. To obtain this vote a member who had been elected and confirmed in his seat after a contest, and had occupied it for ten weeks, was unseated, and the contestant previously rejected was put in his place and gave the necessary vote. Reynolds, who was himself a convention man, says that "this outrage was a death-blow to the convention." He continues:

The convention question gave rise to two years of the most furious and boisterous excitement that ever was visited on Illinois. Men, women, and children entered the arena of party warfare and strife, and families and neighborhoods were so divided and furious and bitter against one another that it seemed a regular civil war might be the result. Many personal combats were indulged in on the question, and the whole country seemed to be, at times, ready and willing to resort to physical force to decide the contest. All the means known to man to convey ideas to one another were resorted to and practiced with energy. The press teemed with publications on the subject. The stump orators were invoked, and the pulpit thundered with anathemas against the introduction of slavery. The religious community coupled freedom and Christianity together, which was one of the most powerful levers used in the contest.

At this time all the frontier communities were anxious to gain additions to their population. Immigration was eagerly sought. The arrivals were mostly from the Southern States, the main channels of communication being the converging rivers Ohio, Mississippi, Cumberland, and Tennessee. Many of these brought slaves, and since there was no security for such property in Illinois, they went onward to Missouri. One of the strongest arguments used by the convention party was, that if slavery were permitted, this tide of immigration would pour a stream of wealth into Illinois.

Most of the political leaders and office-holders were convention men, but there were some notable exceptions, among whom were Edward Coles, governor of the state, and Daniel P. Cook, Representative in Congress, the former a native of Virginia, and the latter of Kentucky. Governor Coles was one of the Virginia abolitionists of early days, who had emancipated his own slaves and given them lands on which to earn their living. The governor gave the entire salary of his term of office ($4000) for the expenses of the anti-convention contest, and his unceasing personal efforts as a speaker and organizer. Mr. Cook was a brilliant lawyer and orator, and the sole Representative of Illinois in Congress, where he was chairman of the Committee on Ways and Means, and where he cast the vote of Illinois for J. Q. Adams for President in 1824. Cook County, which contains the city of Chicago, takes its name from him. He was indefatigable on the side of freedom in this campaign. Another powerful reinforcement was found in the person of Rev. John M. Peck, a Baptist preacher who went through the state like John the Baptist crying in the wilderness. He made impassioned speeches, formed anti-slavery societies, distributed tracts, raised money, held prayer-meetings, addressed Sunday Schools, and organized the religious sentiment of the state for freedom. He was ably seconded by Hooper Warren, editor of the EdwardsvilleSpectator. The election took place August 2, 1824, and the vote was 4972 for the convention, and 6640 against it. In the counties of St. Clair and Randolph, which embraced the bulk of the French population, the vote was almost equally divided—765 for; 790 against.

In 1850, both Henry Clay and Daniel Webster contended that Nature had interposed a law stronger than any law of Congress against the introduction of slaveryinto the territory north of Texas which we had lately acquired from Mexico. From the foregoing facts, however, it is clear that no law of Nature prevented Illinois from becoming a slaveholding state, but only the fiercest kind of political fighting and internal resistance. John Reynolds (and there was no better judge) said in 1854: "I never had any doubt that slavery would now exist in Illinois if it had not been prevented by the famous Ordinance" of 1787. The law of human greed would have overcome every other law, including that of Congress, but for the magnificent work of Edward Coles, Daniel P. Cook, John Mason Peck, Hooper Warren, and their coadjutors in 1824.

The snake was scotched, not killed, by this election. There were no more attempts to legalize slavery by political agency, but persevering efforts were made to perpetuate it by judicial decisions resting upon old French law and the Territorial Indenture Act of 1812. Frequent law suits were brought by negroes, who claimed the right of freedom on the ground that their period of indenture had expired, or that they had never signed an indenture, or that they had been born free, or that their masters had brought them into Illinois after the state constitution, which prohibited slavery, had been adopted. In this litigation Trumbull was frequently engaged on the side of the colored people.

In 1842, a colored woman named Sarah Borders, with three children, who was held under the indenture law by one Andrew Borders in Randolph County, escaped and made her way north as far as Peoria County. She and her children were there arrested and confined in a jail as fugitive slaves. They were brought before a justice of the peace, who decided that they were illegally detained and were entitled to their freedom. An appeal was taken byBorders to the county court, which reversed the action of the justice. The case eventually went to the supreme court, where Lyman Trumbull and Gustave Koerner appeared for the negro woman in December, 1843, and argued that slavery was unlawful in Illinois and had been so ever since the enactment of the Ordinance of 1787. The court decided against them.[14]

Trumbull was not discouraged by the decision in this case. Shortly afterward he appeared before the supreme court again in the case of Jarrotvs.Jarrot, in which he won a victory which practically put an end to slavery in the state. Joseph Jarrot, a negro, sued his mistress, Julia Jarrot, for wages, alleging that he had been held in servitude contrary to law. The plaintiff's grandmother had been the slave of a Frenchman in the Illinois country before it passed under the jurisdiction of the United States. His mother and himself had passed by descent to Julia Jarrot, nobody objecting. Fifty-seven years had elapsed since the passage of the Ordinance of 1787 and twenty-six since the adoption of the state constitution, both of which had prohibited slavery in Illinois. The previous decisions in the court of last resort had generally sustained the claims of the owners of slaves held under the French régime and their descendants, and also those held under the so-called indenture system. Now, however, the court swept away the whole basis of slavery in the state, of whatever kind or description, declaring, as Trumbull had previously contended, that the Congress of the Confederation had full power to pass the Ordinance of 1787, that no person born since that date could be held as a slave in Illinois, and that any slave brought into the state by his master, or with the master's consent, since that date became at once free. It followed that such persons could sue and recover wages for labor performed under compulsion, as Joseph Jarrot did.

This decision, which abolished slavery in Illinoisde facto, was received with great satisfaction by the substantial and sober-minded citizens. Although the number of aggressive anti-slavery men in the state was small and of out-and-out abolitionists still smaller, there was a widespread belief that the lingering snaky presence of the institution was a menace to the public peace and a blot upon the fair fame of the state, and that it ought to be expunged once for all. The growth of public opinion was undoubtedly potent in the minds of the judges, but the untiring activity of the leading advocates in the cases of Borders, Jarrot, etc., should not be overlooked. On this subject Mr. Dwight Harris, in the book already cited, says:

The period of greatest struggle and of greatest triumph for the anti-slavery advocates was that from 1840 to 1845. The contest during these five years was serious and stubbornly carried on. It involved talent, ingenuity, determination, and perseverance on both sides. The abolitionists are to be accredited with stirring up considerable interest over the state in some of the cases. Southern sympathizers and the holders of indentured servants in the southern portion of the state were naturally considerably concerned in the decisions of the supreme court. Still there seems to have been no widespread interest or universal agitation in the state over this contest in the courts. It was carried on chiefly through the benevolence of a comparatively small number of citizens who were actuated by a firm belief in the evils of slavery; while the brunt of the fray fell to a few able and devoted lawyers.Among these were G. T. M. Davis, of Alton, Nathaniel Niles, of Belleville, Gustave Koerner, of Belleville, and Lyman Trumbull. James H. Collins, a noted abolition lawyer of Chicago, should also be highly praised for his work in the Lovejoy and Willard cases, but to the other men the real victory is to be ascribed. They were the most powerful friends of thenegro, and lived where their assistance could be readily secured. They told the negroes repeatedly that they were free, urged them to leave their masters, and fought their cases in the lower courts time and time again, often without fees or remuneration. Chief among them was Lyman Trumbull, whose name should be written large in anti-slavery annals.He was a lawyer of rare intellectual endowments, and of great ability. He had few equals before the bar in his day. In politics he was an old-time Democrat, with no leanings toward abolitionism, but possessing an honest desire to see justice done the negro in Illinois. It was a thankless task, in those days of prejudice and bitter partisan feelings, to assume the rôle of defender of the indentured slaves. It was not often unattended with great risk to one's person, as well as to one's reputation and business. But Trumbull did not hesitate to undertake the task, thankless, discouraging, unremunerative as it was, and to his zeal, courage, and perseverance, as well as to his ability, is to be ascribed the ultimate success of the appeal to the supreme court.This disinterested and able effort, made in all sincerity of purpose, and void of all appearance of self-elevation, rendered him justly popular throughout the State, as well as in the region of his home. The people of his district showed their approval of his work and their confidence in his integrity by electing him judge of the supreme court in 1848, and Congressman from the Eighth District of Illinois by a handsome majority in 1854, when it was well known that he was opposed to the Kansas-Nebraska Bill.

Among these were G. T. M. Davis, of Alton, Nathaniel Niles, of Belleville, Gustave Koerner, of Belleville, and Lyman Trumbull. James H. Collins, a noted abolition lawyer of Chicago, should also be highly praised for his work in the Lovejoy and Willard cases, but to the other men the real victory is to be ascribed. They were the most powerful friends of thenegro, and lived where their assistance could be readily secured. They told the negroes repeatedly that they were free, urged them to leave their masters, and fought their cases in the lower courts time and time again, often without fees or remuneration. Chief among them was Lyman Trumbull, whose name should be written large in anti-slavery annals.

He was a lawyer of rare intellectual endowments, and of great ability. He had few equals before the bar in his day. In politics he was an old-time Democrat, with no leanings toward abolitionism, but possessing an honest desire to see justice done the negro in Illinois. It was a thankless task, in those days of prejudice and bitter partisan feelings, to assume the rôle of defender of the indentured slaves. It was not often unattended with great risk to one's person, as well as to one's reputation and business. But Trumbull did not hesitate to undertake the task, thankless, discouraging, unremunerative as it was, and to his zeal, courage, and perseverance, as well as to his ability, is to be ascribed the ultimate success of the appeal to the supreme court.

This disinterested and able effort, made in all sincerity of purpose, and void of all appearance of self-elevation, rendered him justly popular throughout the State, as well as in the region of his home. The people of his district showed their approval of his work and their confidence in his integrity by electing him judge of the supreme court in 1848, and Congressman from the Eighth District of Illinois by a handsome majority in 1854, when it was well known that he was opposed to the Kansas-Nebraska Bill.

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