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0SORBS OB BACHKLOR OF ARTS IN HISTORY

Collogo of Liborol Arts and Selaoeaa Univaraity of Illiaoia Urbana, illiaoia

1 9 M TABLE OF CONTENTS

CHAPTER Page

I Setting the Scenes Illinois Before 1863 ••«»••••• 1

II The Hen Who Made the History: A Survey of the Partici­ pants of the 23rd General Assembly • . . , ...... 24

III The First Sessions A Time of Crisis ...... 51

IV The Interim Period: A Time of Reaction ••#••••*, 131

V The Second Session: The Prorogation ofthe Illinois State Legislature of 1863 •••••••• ...... • • • 149

VI APPENDIX: What Happened to the Participants of the 23 rd General Assembly ...... 176

BIBLIOGRAPHY . 194 TVENTY-THIRD GENERA] 1863-64

SENATE Political District Member Affiliation County Counties Included (D or R) in District

1 Williaa H. Green D Massac Alexander, Gallatin, Hardin Johnson, Massac, Pope, Pulaski, Saline, Union

2 Hugh Gregg D Hamilton Clay, Edwards, Hamilton, Law­ rence, Richland, Wabash, Wayne, White

3 Israel Blanchard D Jackson Franklin, Jackson, Jefferson, Monroe, Randolph, Williamson

4 James M. Rodgers D Clinton Bond, Clinton, Fayette, Marion* William A. J. Sparksa D Clinton Perry, Washington

5 William H. Underwood D St. Clair Madison, St. Clair 6 Linus E. Worcester D Greene Calhoun, Greene, Jersey, Pike, Scott 7 Horatio M. Vandeveer D Christian Christian, Macoupin, Montgomery, Shelby 8 Samuel Moffat D Effingham Clark, Crawford, Cumberland, Edgar, Effingham, Jasper 9 Joseph Peters R Vermilion Champaign, Coles, Douglas* Ford, Iroquois, Vermilion 10 Isaac Funk R McLean De Witt, McLean, Macon, Moultrie, Piatt 11 Colby Knapp D Logan Logan, Sangamon, Tazewell SBUJX Political District (Cont’d) Mesber Affiliation Counties Included (D or R> in District

12 Henry E. Dummer R Cass Brown. Cass. Menard. Morgan. Schuyler

13 Bryant T. Schofield D Hancock Adams. Hancock

14 William Berry D McDonough Henderson. McDonough. Mercer. Warren

15 Albert C. Mason D Knox Fulton. Knox. Mason

16 John T. Lindsay D Peoria Marshall. Peoria, Putnam, Stark

17 Washington Bushnell R La Salle La Salle, Livingston. Woodford

18 Alonzo W. Mack R Kankakee Grundy, Kankakee. Kendall. Will

19 Edward R. Allen R Kane De Kalb, Du Page, Kane

20 Daniel Richards R Whiteside Lee, Ogle, Whiteside

21 Thomas J. Pickett R Rock Island Bureau, Henry, Rock Island

22 John H. Addams R Stephenson Carroll, JoDaviess. Stephenson

23 Cornelius Lansing R McHenry Boone, Lake, McHenry, Winnebago

24 William B. Ogden R Cook Cook (Townships: North Chi­ cago, South Chicago, Lake, Worth, Thornton, Bloom)

25 Jasper D. Ward R Cook Cook (Townships: Lake View, Evanston, New Trier, North!idd. Wheeling. Barrington. Palatine. Hanover, Schaumburg. Elk Grove, Maine, Niles, Cicero, West Chi­ cago, Jefferson, Leyden, Lyons. Proviso, Lemont. Orland, Palos, Rich, Bremen HOUSE OF REPRESENTATIVES Political District Member Affiliation County Counties Included (D or R) in District

1 James H. Smith D Union Alexander, Pulaski, Union

2 Theodore B. Hicks D Massac Johnson, Massac, Pope

3 Janes B. Turner D Gallatin Gallatin, Hardin, Saline

4 James M. Sharp D Wabash Lawrence, Wabash

5 Henry M. Williams D Jefferson Franklin, Jefferson

6 James M. Washburn D Williamson Jackson, Williamson

7 Jesse R. Ford D Clinton dinton, Washington

8 Stephen W. Miles D Monroe Monroe, Perry, Randolph Edmund Menard D Randolph

9 John W. Merritt D Marion Marion

10 James M. Heard D Wayne Hamilton, Wayne

11 David W. Odell D Crawford Crawford, Jasper

12 John W. Wescott D Clay Clay, Richland

13 Robert H. McCann D Fayette Effingham, Fayette

14 Chauncey S« Conger D White Edwards, White

15 Joseph B. Underwood R St. Clair St. Clair John Thomas R St. Clair

16 Samuel A* Buckmaster D Madison Bond, Madison William Watkins D Bond BOUSE (Cont'd) Political District Member Affiliation county Counties Included (D or R) in District

17 Philander Daugherty D Clark Clark, Cumberland

18 Reuben Roessler D Shelby Shelby

19 Gustavus F. Coffeen D Montgomery Christian, Montgomery

20 Ambrose M. Miller D Logan Logan, Sangamon Charles A. Keyes D Sangamon

21 Charles A* Walker D Macoupin Macoupin

22 John N. English D Jersey Calhoun, Jersey

23 William B. Witt D Greene Greene

24 Scott Wike D Pike Pike, Scott Albert G* Burr D Scott

25 James D, Epler D Cass Brown, Cass

26 Lyman Lacey D Menard Mason, Menard

27 John T. Springer D Morgan Morgan

28 Alexander E. Wheat D Adams Adams William J. Brown D Adams

29 Levis J, Reid D McDonough McDonough

30 Joseph Sharon D Schuyler Schuyler

31 Milton M. Morrill D Hancock Hancock 32 Thomas B. Cabeen D Mercer Henderson, Mercer HOUSE (Cant'd) Political District Member Affiliation County Counties Included

33 Hairy R. Peffer d Warren Warren 34 Joseph M. Holyoke R Knox Knox

35 John G. Graham Fulton Fulton

Simeon P* Shope ©© Fulton

36 James Holgate Stark Peoria, Stark

William W. O'Brien O© Peoria

37 Elias Wenger Tazewell Tazewell

38 © Harrison Noble McLean De Witt, McLean

Boynton Tenny VO pS De Witt

39 John TenBrook Coles Coles, Douglas, Edgar, Vermilion John Gerrard Edgar John Monroe Vermilion

40 James Elder Macon Champaign, Macon, Moultrie,

William N. Coler J8 ©GO Champaign Piatt

John S* Busey^ © Champaign

41 Chauncey A. Lake *X3 Kankakee Kankakee 42 Addison Goodell Iroquois Ford, Iroquois 43 John W. Newport Grundy Grundy, Will Charles E. Boyer Will Perry A. Armstrong0 Grundy

44 Theodore C. Gibson La Salle La Salle, Livingston Marcy B. Patty Livingston

John 0. Dent OtJO DtJfO © La Salle HOUSE (Coat'd) Political District Member Affiliation County Counties Included (D or R) in District

45 George Dent D Putnam Bureau, Marshall, Putnam, Wood' Jefferson A. Davis D Woodford ford Daniel R. Hove R Bureau

46 Nelson Lay R Henry Henry

47 John Kistler D Rock Island Rock Island

48 Leander Smith R Whiteside Whiteside

49 Demas L. Harris R Lee Lee

50 James V. Gale R Ogle Ogle

51 Westel W. Sedgwick R De Kalb Boone, De Kalb Luther W. Lawrence R Boone

52 Sylvester S. Mann R Kane Kane, Kendall Jacob P. Black R Kendall

53 Elijah M. Haines R Lake Lake

54 Thaddeus B. Wakem&n R McHenry McHenry

55 Seldon M. Church R Winnebago Winnebago

56 Horatio C. Burehard R Srephenson Stephenson

57 Henry Greer R JoDaviess Carroll, JoDaviess John F. Chapman R Carroll

58 Algernon S. Barnard R Du Page Du Page HOUSE (Cont’d) Political District Member Affiliation County Counties Included (D or R) in District

59 Ansel B. Cook n Cook Cook (Townships: West Chicago, Amos G . Thrcop Cook Leyden, Jefferson, Cicero,

William E. Ginther so •» ? Cook Proviso, Lyons, Lemont, Palos, Orland, Bremen, Rich)

60 Melville W. Fuller a Cook Cook (Townships: South Chica­ George W. Gage Cook go, Lake, Worth, Bloom, Thornton) Michael Brandtd Cook

61 Francis A. Eastman so so jv Cook Cook (Townships: Lakeview,

Lorenzo Brentano » Cook Evanston, New Trier, Northfield. Wheeling, Palatine, Barrington, Elk Grove, Hanover, Schaumburg, Maine, Niles)

^ i c e Rodgers, died Feb, 12, 1863.

^Successfully contested election of William N. Cole cVice John W. Newport, died,

^Successfully contested election of George W. Gage. tt-tA CHAPTER 1

Setting the Scene: Illinois Before 1&63 Introduction

The period of the Civil War in Illinois, like the rest of the nation,

was a time of great crisis. There werv. really two parts to the crisis. The

first part was the crisis occurring between the North and the South. Of

course, failure to peaceably resolve differences between these groups led to

the war. Often in historical writing, however, the crisis in the North— the

second part of the whole crisis— goes unnoticed. This crisis refers to the

attempt of people in the loyal states to reach a consensus on a policy to­

ward the Confederacy. At no time was this policy debate more heated, or the

ideas expressed more diverse, than in the first half of 1863, when Union

morale was at its lowest point. Illinois, the home state of President Abra­

ham Lincoln, had perhaps the greatest problem in reaching this consensus.

The study of the Twenty-third General Assembly is important because it high­

lights the great disparity in ideas which existed at that time. The Demo­

crats won a majority of seats in the legislature, and engaged in a bitter

debate with Republican opponents over all the key policy questions of the

day. The legislature itself was made up of average educated Illinois citi­ zenry. The Lincolns, Logans, Oglesbys and Palmers were either off in Wash­

ington or fighting the war. The men who were left to sit in the state legislature and govern the state were far from great leaders. Yet, that is why a study about them is all the more important. The crisis of the period was brought about by the inability of anyone in this country to come up with a solution to one large problem. The problem was how to preserve the Union while coming to a consensus on the question of slavery. The Civil War was the result of a failure in leadership to solve this problem. The crisis which caused the Civil War is unique because of its pervasiveness in Ameri­ can society. Bach individual had his own ideas on how to solve the problem.

2 3

The severity of the crisis increased its intensity. When crises become so

severe so that they threaten the survival of nations and individuals, it

becomes harder and harder for people to achieve satisfactory compromise.

There is a feeling that any solution short of one's own is just not good

enough. People become easily defensive about tenuous positions. The great

leader in a crisis is the one who car. put aside parochial solutions ror the

common good of unity so that the crisis can end. Although at the national level during the Civil War quality leadership existed, at the state level

there were no great leaders. The men of the Illinois State Legislature of

1863 were definitely not lacking in sincerity. Their proposals, speeches and actions were all derived from very unique ideas on how to solve the na­ tional crisis. And, in their desire to see their own ideas adopted, they forgot about compromise, and they forgot about the general good.

This paper is in essence the study of two very related topics. First, it is the study of the politics in Illinois during the Civil War. All peo­ ple everywhere had different perspectives on the war and on the issues at hand. Illinois was not unique in its mix of opinions compared to the other

Northern states. Yet, the fact that Illinois was the home of many of the nation’s leaders makes the political situation on the state level far more interesting. The members of the legislature were truly from the grassroots.

Their opinions, as articulated through their speeches and resolutions, are really a microcosm of the body of opinion held by Illinois citizens. The diverse ideas in the state, added to the emotional manner in which those ideas were presented, gives a clear indication of why the Civil War crisis was so hard to resolve. There were no ludicrous ideas presented by the men of the legislature. There were only hopeful rationalizations of men strug­ gling to find answers to a crisis. One might et first write off the legis- 4

lature as being unimportant in resolving such a national crisis. However,

if resolving a crisis is achieved by gaining a consensus on policy, then the

opinion of ail people is important. It would be as important to study the

exchange of ideas in a saloon as in the United States Congress, for each

discussion is an attempt to find the right answer. If the Illinois General

Assembly could not agree on a way to resolve the crisis, then the problem of

dealing with these issues on the national level can be more greatly appre­

ciated for its difficulty. Thus, in analyzing the legislature, one must pay

attention to the backgrounds of the members, and determine why people had

different ideas. The first goal of this paper is to analyze the great body

of opinion in the State of Illinois, even within each party.

The second topic of this paper is the whole notion of crisis manage­

ment, Typically, two case studies are used today to study political crisis,

the attack on Pearl Harbor and the Cuban Missile Crisis, Although these

were serious crises to be sure, they did not even come close to the magni­

tude of the crisis which precipitated the Civil War. As evidence, consensus was achievable in those cases. The crisis of the Civil War was so intense,

no solution was found. The victorious army imposed a solution. In 1863,

however, people still thought a solution was achievable, end the Illinois

State Legislature was one of the many leadership bodies searching for solu­ tions, The key to solving any crisis is good leadership and levelheaded, constructive participation by those looking to achieve a consensus. Because of the nature of the crisis, the study of the legislature is a good study in crisis management failure. While examining this case, there were several evident areas where poor crisis management took place. First, to solve a problem the leader, in this case Illinois Governor Richard Yates, must tolerate opposing ideas. No idea must be viewed as treacherous. Each idea 5

must be considered on its own merits and weighed rationally. In this paper*

notice how people and ideas are readily not tolerated by both sides, and how

ideas are forced upon people. In other words, rationalism must be used in­

stead of emotionalism to solve any crisis. That was not done in 1863. This

made it impossible to determine, criticize and expand upon the most promis­

ing ideas, It promoted a free-for-all of slander and mediocrity. Second,

to manage a crisis the parties involved must seek to find commonalities to

begin constructive discussion to achieve a solution. Everyone agreed that

preserving the Union was important. In this context the Union meant the

law, the Constitution and all the norms and structures that they imply. If

these are violated, there is no Union to preserve. Lincoln's one great er­

ror was the suspension of habeas corpus. Goveuu .• Yates and the 1863 Gen­

eral Assembly showed little regard for law *vrJ r>rder in their attempt to

promote certain ideas. The culmination of this legislative session, the

prorogation by the governor, has to be one of the greatest unconstitutional

abuses of executive power in the history of the United States. This dis­

regard for the law left no commonalities to begin a dialogue. The law was

used as a tool rather than a higher ideal, Thus, instead of calming the crisis by seeking common ground, the legislators exacerbated the crisis by encouraging further rifts. This is also poor leadership. The final goal of a crisis manager is to compromise. The ultimate goal in

certainly not a help to problem-solving. With these three basic rules being

followed, the Civil War itself might have never happened. This is not cer­

tain, What is certain is that the Illinois State Legislature, by following

these rules, could have accomplished more in reaching a national understand­

ing, by forming a local consensus. One may say that this is asking too much

of the lawyers, doctors, bankers and farmers who assembled for a few weeks

each winter to run the state. One may say that the problem of the Civil War

was just too overwhelming, that only a special leader could have accom­

plished anything. That is just the point. It does take special leaders to

resolve a crisis. Anybody can appropriate funds for a penitentiary or a

Normal college. Crisis Management takes real leadership. But real leader­

ship is not an unreasonable demand of our legislators, the guardians of our

democratic system. It is fair to assume that our leaders will attempt to

resolve any crisis, even one of this magnitude. The 1863 General Assembly

makes one appreciate the truly great leaders. But, it also makes one aware

that great leadership is a rare commodity. The 1863 Illinois State Legisla­

ture is a study in failure, failure to resolve the greatest crisis any Il­

linois State Legislature has faced. Its failure many years ago provides

lessons for us all today.

The National Scene^

Before any discussion of the events surrounding the Illinois State Leg­ islature of 1863 can take place, it is essential that the events taking place nationally be discussed. The people of Illinois were, after all, re­ acting primarily to the news of the war effort by the Union, and they were also reacting to President Abraham Lincoln's management of that war effort. 7

To say that Lincoln took a firm hand in running the Northern effort would be

an understatement. In the Spring of 1861, when the war began, Congress was

not in session, Lincoln decided to avoid calling Congress into session be­

cause he believed it would spend undue amounts of time wrangling with what

Lincoln termed Constitutional niceties,11 Lincoln essentially declared war

and began the military campaign on his own. He declared martial law in

Maryland, and took the unprecedented step of suspending the right to a writ

of habeas corpus. Enthusiasm for the war was great. People anticipated a

short conflict, in which the superior Northern force would easily dominate

the "rag-tag” rebels in the South, Initially, the Union rallied under one

official war aim. As ratified by the Crittenden Resolution in Congress, the

only aim of the North was to restore the Union, Slavery was deliberately

left out of the war aims because of its controversiality.

The early days of the war signalled doom and gloom in the North. On

July 21, 1861, the Union forces were soundly defeated by the Confederates at

Bull Run Creek In Virginia. Lincoln fired commanding General McDowell and

replaced him with George McClellan, a Democrat who often fought over stra­

tegy with Lincoln. Congress became worried over Lincoln's ability to manage

the war, and so it formed the Committee on the Conduct of the War to check

the president's actions. In the Spring and Summer of 1862, the North launched another offensive, this time dividing the army to surround Rich­ mond, Virginia, the Confederate capital. The main body of forces under Mc­

Clellan were stopped on the peninsula formed by the York and James Rivers.

After a series of battles in which the Union forces were outmaneuvered, Mc­

Clellan retreated on July 1st. It mas now evident to just about everyone that ending the war was going to be no easy task. People questioned whether the war was even necessary to preserve the Union. Lincoln removed McClellan 8

and replaced him with John Pope, a radical Republican more pleasing to Con-'

gress. However, all the changes in command made Lincoln look weak and inef­

fective.

Pope began his military offensive immediately, moving to take Richmond

by a straight onslaught. In August 1862, he was soundly defeated by Robert

E, Lee's forces at Bull Run Creek. This military deja vu did not sit well

with citizens in the North who wanted more definitive action. In September,

however, the North got its biggest scare up until that time. Lee moved the

Confederate army into Maryland, and threatened Washington, D.C. McClellan,

who had replaced Pope, chased Lee to Antietam Creek, where on September 17,

1862, 23,000 men died in the bloodiest single day of the war. Lee retreat­

ed, but in another military blunder for the North, McClellan did not follow

him, Thus, Lincoln'r victory was shallow, In the West, the war had not

gone much better. In April 1162, General U. S. Grant had lost at Shiloh,

and then got caught up in a ;uege at Corinth, Mississippi, which was going

nowhere.

Lincoln began to get nervous that the u on .. >ats were giving the

Confederates respectability worldwide. He lea -d that tt,e new nation might be recognized diplomatically by Great Britain and France. After all, the

Confederates had economic benefits like cheaa otton to ofie Europe, while

Lincoln ould provide no new compelling rear*,, ; for Europe not to r cognize the Soutn. The idea of fighting for the Unien was not a battle r hich rang loudly, next to the South's ry for free com and independence. Lmco.n hac decided long ago the only way o win this propaganda battle was o bring tme abolition of slavery into Union war aims. These views were of course in

ing an emotional issue to the Nut i L * He decided that Antietam was as

good a victory as he was going to get, so on September 22, 1862, Lincoln

released the Emancipation Proclattiat j OMj freeing the slaves in areas in re­

bellion, The Proclamation was to take effect on January 1, 1863. Although

this strategy worked on the international scene, raising Lincoln's stock

dramatically, this move just before the elections in the North did not go

over well. Democrats felt betrayed after passing the Crittenden resolution,

and felt Lincoln's action was unconstitutional. Essentially, Lincoln did

not consider how the Proclamation would play in Peoria, and that is part of what this paper is about.

Lincoln's stock suffered another setback when the military campaign was

renewed. General Ambrose Burnside had replaced McClellan and he stormed into Virginia. On his way through Fredericksburg he was stopped by Lee, who had placed his forces in hills outside the city. In an attempt to charge and take the hills, Burnside submitted his forces to a slaughter. In the

December battle, 13,000 men were lost. It was in light of this political and military ineffectiveness that Illinois responded, by electing Democrats opposed to these failing policies to office, and these officials came to

Springfield to follow up on this mandate.

The 1862 Constitutional Convention

Although the disheartening war news from Washington was a constant help to the Democrats before the election in November 1862, the Democrats had been building political power in Illinois since Lincoln's stunning victory in I860. The power the Democrats were building was based on their old Jack­ sonian power base. Although capturing the legislature in 1863 was the cul­ mination of this brief political ascendancy, tha Constitutional Convention held in 1862 was a major point in this rise to power, It is important to

understand the Constitutional Convention, because many of the bitter feel-

ings were a result of politics in 1862.

The movement for a constitutional convention began soon after the 1848

Constitution had been adopted. In the 1850s Illinois began the transforma­

tion from a rural frontier economy to an urban industrial state. The 1848

document had left the state government almost powerless to deal with the

railroads, new industrial corporations and banks. By the 1860s the rail­

roads were noted for outrageously high rates and were accused of charging

unequal rates between equidistant points and discriminating in favor of long

hauls. Therefore, demands were made for state control of rates and services, which could only be accomplished by rewriting the constitution.

In the area of banking, state banks could only be opened if popular vote allowed it, according to the 1848 constitution. In 1851, the people ap­ proved state banks; however, the Panic of 1857 wiped most of them out. Due to the catastrophe the bank failures caused. Democrats wanted to permanently prohibit state banks in a new constitution. Also, anti-corporation farmers, mostly Democrats, wanted to limit the power of the legislature to charter . 2 new corporations.

In 1856, the first referendum calling for a new constitution was placed on the ballot. It was defeated. The vote was divided sectionally, with many northern counties voting overwhelmingly for a convention, and many southern counties registering less than 100 votes in favor. The surprise of the election was really in how few voted at all. On the ballot was the presidential election, where in Illinois the new Republican party narrowly lost with its man, John C. Fremont, coming close to the Democrat James Bu­ chanan. There was also the governor's race. But only a few of all the vo­ 11

ters, less than a third ol tin- number who voted for governor, voted on the

convention issue. 3

In 1860. a convention call was approved by the required majority with

179,668 voting in favor to 83,572 opposed. The convention still had fo be

approved by the legislature to occur. Thus, the legislature of 1861 had two

main issues to consider when it convened in January 1861.^ The first issue

was legislative reapportionment based on the newly completed census. The

Democrats wanted a convention because they thought they could control it by

winning a majority of the delegates. The Republicans wanted to take advan­

tage of the newly arrived immigrants in Illinois, by writing a reapportion­

ment bill which favored them. In a compromise, both bills were passed, and

signed by the Governor on February 1, 1861. In the convention bill, it was

prescribed that there would be the same number of delegates as state repre­

sentatives, 75 at that time. The election took place on November 5, 1861,

and the Constitutional Convention convened January 7, 1862, Although the

convention was called solely because of economic issues, a lot had happened

in the year since the convention bill had been signed. A Civil War had bro­

ken out between the states. The election of delegates had been quiet, and

only half the people who voted in 1860 bothered to elect delegates in 1861,

Since the new electorate was predominantly Republican, a low turnout could

only help the established Democrats, who did not rely on the immigrant vote.

Indeed, 45 Democrats, only 21 Republicans, 7 Fusionists arJ 2 Independents were elected. The Democratic delegates wrongly took the results to be a mandate from the people to write a constitution based on Democratic princi­ ples,3

The trouble began on the first day of the convention. In the act of creating the convention a special oath of office was designed. It required 12 that delegates promise "to support the constitution of the United States and

of this state," but the delegates felt it inconsistent to swear to support

the very constitution they were assembled to change. Therefore, the major­

ity created their own oath to "support the constitute i of the United States

and faithfully discharge the duties of your oft ice as delegate' of this con­

vention for the purpose ot revising and amending the constitution of the

State of Illinois.Although this seems trivial enough, this apparent

breach of power caused great fear. It was only weeks before, that southern

states had changed their constitutions to repudiate federal authority. Re­

publicans legitimately feared the Democrats might do the same thing. The

convention further overstepped its bounds. First, it hired its own printer,

even though the legislature had provided for one. The convention approved a

constitutional amendment ratified by Congress, even though that was a legis­ lative responsibility. This amendment, which allowed slavery to exist in

the South but not in the territories, was called the old Thirteenth Amend­ ment, and would again be ratified by the legislature of 1863. The conven­

tion reapportioned the state again, to account for one extra representative given to Illinois by Congress. The convention adopted an ordinance appro­ priating bonds to provide $500,000 for sick and wounded soldiers. State officials refused to issue the bonds. Finally, in its most partisan act, the convention began an investigation of Governor Yates, asking him to fur­ nish lists of all state financial dealings and employees.^ The convention, further insulting Yates, tried to change the term for the governor to two years. The convention clearly overstepped its bounds, The Democrats were probably over-reacting to the new Civil War, feeling they had to do some­ thing. They did not trust the Governor, who took his war powers a bit too seriously. Responding to the convention's investigation of his administra- 13

tiont Yates wrote to Lyman Trumball, Illinois1 Republican Senator, report­

ing* "Secession is deeper and stronger here than you have any idea— its ad­

vocates are numerous and powerful, and respectable . . . I believe the lead­

ers intend to disarm the state government if thejy can— they would like civil

war m Illinois*" Obviously, by his tone, Yates was as paranoid over the

national conditions as was the convention. Yet, Yates had the law on his

side. Instead of calming the situation by simply pressing for a rejection

of the constitution or by taking the delegates to court, he tried to match

rhetoric with the convention. Crisis was at hand, and the Governor, instead

of being a rational leader, was swayed by emotion. The Chicago Tribune

spoke for the Governor when it called the convention menoers sympathetic to

the rebellion and threatened force against them.9 Essentially, no one in

Illinois assumed a leadership role. Everyone was nervous, suspicious and

incapable of acting in the best interest of the state.

The convention certainly did many illegal things, but it was not trea­ sonous. In fact, throughout this whole period the Democrats never wavered in their support for the Union cause. Their positions had been around for years. It was only the peaked condition of crisis which made people over­ react and raise accusations of treason. As an example of their loyalty, a vote of 46 to 0 was taken in the convention when Fort Henry fell. When Fort

Donelson fell to Grant's forces convention members arose in their chairs and gave "cheer after cheer for the Union." On the same day members congratula­ ted the troops on the victory "over the rebels and traitors." By a unani­ mous vote a proposed amendment was passed denying the right of a state to secede; and a resolution which blamed abolitionists for the war was tabled, with half the southern Illinois delegates voting against the resolution.^ Yates ignored these actions and concentrated on those he deemed most

treacherous. Not knowing what to do, he continued to write to Trumball. He

blamed Lincoln for the national problems which were upsetting him in Illi­

nois. Frustrated, he wrote,

If I were Lincoln, I would head enough of the Potomac army to take Richmond— and this though Washington could not be saved. I would march to victory or death. Washington is nothing, if we remain an unconquered people with our institutions safe— for what is a single city in the life of a nation, 1

Finally, the convention ended. The constitution was signed by only 54

of the original delegates. Only the three Chicago Republicans represented

their party in signing the document. The proposed constitution had included

the Democratic economic platform and reapportionment plan, with additional

negro clauses. The negro clauses were a reaffirmation of the 1853 Illinois

Black Laws, preventing negro immigration, citizenship, suffrage or office­

holding. Since the convention had not been overtly treasonous, Yates felt

he had won a great victory over secession. Writing to General John McCler-

nand, Yates said simply, MI have triumphed gloriously over the Conven­

tion,

At the polls the voters handily rejected the constitution. Republican papers had campaigned hard for its rejection, and the voters had enough sense to turn it down. By a vote of 125,052 in favor to 141,103 against the document was rejected. The clauses, however, were voted on independently.

The negro clauses were approved overwhelmingly, which showed a key fear of

J Uinois citizens to be acted out again in the legislature. The reappor­ tionment was rejected, creating a major issue to be dealt with later. Since the whole document was rejected, however, the negro clauses did not go into effect,^ In sum, the 1862 Constitutional Convention set the stage for much of

what happened in the Illinois State Legislature of 1863, Many of the issues

and most of the people involved would be the same.

The Elections of 1862

The political crisis centering around the Constitutional Convention of

1862 had just ended when an equally important battle was begun. At stake in

the election was the state legislature, which would determine the Senator to

fill the seat being held at that time by Orville H, Browning, At sta! • were also all the congressional seats including the at-large seat given to Illi­ nois by the Congress, Personally, Yates had a crucial investment in the election. Since 1848 the Governor had entertained the idea of becoming a

Senator, and with a Republican victory, the logical Republican choice would be Governor Yates, Yates had many obstacles to overcome, however, if he was to be elected Senator in November 1863, First, he had to overcome the char­ ges Democrats had made about the financial dealings of his administration.

Apparently, the federal government had not reimbursed the state for pur­ chases of war supplies, and the Democrats, whose investigation had not actu­ ally turned up the problem, used this as evidence to prove their charges,^

Yates got Browning to quickly patch things up with the federal government, so that blight on his record would not exist. A second political obstacle to Yates was Representative Elihu B. Washburne of Galena. Lincoln had turned to Washburne for executive patronage, and thus had strengthened Vash- burne's position statewide. Yates was better known statewide, however, and he was able to defeat Washburne*s forces. In doing so, however, the party was divided. 16

Yates began the campaign for the Senate in the summer of 1862. He es­

sentially ran on his war record, which he thought was excellent. He never

missed an opportunity to point out his greatness or patriotism. On August

21, 1861, for example, after Lincoln had asked for volunteers, Yates pro­

claimed that Illinois* ability to fill the quota was largely due to himself.

Said Yates in a jpeech, "It is with pride and in a spirit of exaultation

that I refer to the patriotic response of Southern Illinois to the late call

made by me for troops. From Southern Illinois alone the requisition could

have been filled.”1-*

It was because Yates viewed himself as being so centrally important to

the Union war effort, that he was disappointed that Lincoln had not helped

him during the Constitutional Convention. In February 1862, Trumball tried

to tell Yates that Lincoln had firm control over the government, Yates was unconvinced, Yates wrote back to Trumball saying, **I can even forgive him

[Lincoln] all of [his] personal neglect and his habitual disregard of all my requests,*' if he will just take decisive action. ”1 have lost (I know not how) all the influence I ever had with Mr, Lincoln . . . Judge, I do con­ gratulate myself that I have done much in getting up our great Illinois army but I have had no credit for it from Mr. Lincoln.” He concluded the letter by saying, ”Would that I could have a place in the field, I believe the

Illinois army would shout throughout all its regiments if I could,”16 The idea that Yates would be decisive in ways that Lincoln was not was the con­ tinuing theme of his speeches and letters. In a letter dated July 11, 1862, and published in the Chicago Trilune, the Governor again asked Lincoln to act in the we This letter must be mostly election propaganda, since Yates knew Lincoln disregarded his letters anyway. He wrote simply,

The crisis of the war and of our national existence is upon us. The time has come for the adoption of more decisive measures, 1/

Greater animus and earnestness must be infused into our military movements. Blows must be struck at the vital parts of the rebel­ lion...Our armies should be directed to forage and quarter on the enemy, and to cease paying traitors and their abettors exhorbitant exactions for food needed by the sick or hungry soldier... This policy for the conduct of the war will render foreign intervention impossible, and the arms oi the Republic invincible. It will bring the conflict to a speedy close and secure peace on a perma­ nent basis.1'

The Tribune was impressed with this rhetoric as probably were good num-

Ders of people fed up with Union losses. Said the Tribune, "Illinois has a

governor worthy of the great prairie state."18 In a speech delivered at

Chicago, Yates echoed the same theme. In this speech delivered August 1,

1862, Yates also had to distance himself from the national war effort again

because of McClellan*s defeat at the peninsula. Obviously, the failures on

the front were annoying Yates tremendously. Said Yates,

Fellow citizens, no one man was to blame in this matter [of McClellan's defeat]. No party was to blame— it was the error of the nation. All of us, without distinction of party, were to blame...Fellow citizens, a change of policy is demanded, as G-d alone knows when, or where, or how this war is to be determined. We are to fight. The policy of reconciliation is fatal...Your duty is to pour out everything, treasure and blood, and die, if need be, to save this glorious cause of ours.1^

In addition to trumping up Yates' dedication to the war, the Republi­ cans used a second strategy in the campaign. They questioned the Democrats' loyalty to the Union. After winning the constitution battle, many Republi­ cans thought the time was right to expose the Democrats, Gustave Koerner, the former Governor, wrote Lyman Trumball saying, "If we use our success well, we can now crush the Vallandigham-Richardson rebellious democracy" by denouncing them openly as "aiders and abettors of rebellion.1,20 Vallandig­ ham was the leader of the national peace movement, while Richardson was an

Illinois Democratic Congressman. Yates had no qualms about this strategy, because after the convention attacks against him, he was convinced Democra­ tic disloyalty was a fact. He had Colonel Forrest, his aide and Tribi > IB

correspondent, write a series of articles linking ail Democrats to the

Knights of the Golden Circle, an underground secession sympathizing group.

The Democrats responded to the aggressive Republican campaign with a

moderate, but solid, platform. Simply, as the Illinois State Register

pointed out, the Republicans

have brought civil war, blood-shed, devastation and ruin upon the country— the loss of hundreds of thousands of lives, a waste of millions upon millions of private property and public treasure, and the creation of untold millions of debt, daily growing in mag­ nitude, to be wrung, principal and interest, from you and your children and your children*s children for a hundred years to come, through grinding crushing ruinous taxation,2*

Continuing to present the Democratic platform, the Register criticized Re­

publicans

for such flagrant outrages upon the constitutional guar­ anties., .the habeas corpus right, the sacred writ of liberty,., That Abraham Lincoln, of Springfield, is the supreme law-giver, and, if he wills it, the charter of American liberty-freeman's birthright, shall be swept away.22

The Democrats also came out against negro immigration, a popular stand upon which Republicans were divided.

Essentially, the campaign boiled down to one question. That was how much Governor Yates was to be considered apart from the Republican party, which nationally had a poor record. Unfortunately for Yates, when voters went to the polls on Tuesday, November 4, 1862, they overwhelmingly repudi­ ated the Republicans by electing Democrats to all levels of office. Perhaps the best explanation of what happened came from Leonard Swett, who wrote to

William Orme saying, "There was a great current against us. Men who did not attend meetings or express opinions quietly voted for a change thinking a change could not make matters worse.*'22 Thus, the election was not a repu­ diation of Yates, per se; rather, it was an expression of discontent over the national crisis. In order to understand the specific results the elec- tton must be described in two contexts. First, in those days when people

v< ted, they did not split their ticket. People did riot care who was running

loj hepi* sentative in the General Assembly. They were voting for a Republic

can or Democrat to vote for a Senator of that party later. Thus, the re­

sults in any county show the same number of votes for each Democratic candi­

date, from Congress on down to county clerk. When the election results were

reported in the papers, one statewide race was picked as a barometer of re­

turns for the whole election. In 18b2» the barometer was the at—large Con­

gressional race between the Democrat J. C. Allen and the Republican Robert

Ingersoll. The Democrats received a 15,583 vote majority in the election,

winning in 64 of the state's 102 counties.2* The second context in which

this election must be understood is in its relationship to the national re­

turns. If there is anything which proves that the Illinois election was a

referendum on the national condition, one only needs to look at the Democra­

tic sweep all over the North, Hostile legislatures opposed to Lincoln were

elected in Indiana, Missouri and Kentucky, as well as Illinois, In fact,

the Cincinnati Enquirer did some arithmetic and found that if the Democratic majorities in each state counted towards electoral votes, the North alone would have elected a Democratic president by a count of 123 to 56. New

York, Pennsylvania, Ohio, New Jersey, Delaware, Connecticut, Indiana and

Illinois had all voted for Democrats on the statewide tickets. As the En­ quirer said with vindication, "Democratic majority without the border slave states, 58. These latter would increase the majority. Of the 123 democra­ tic electoral votes, all but three were given to President Lincoln in 1860.

Was there ever such a political revolution in so short a time?"25 20

Reaction to the election went from the utter shock and fear displayed

by Governor Yates to jubilation expressed by the Democrats. The Chicago

Tribune said simply,

The Republican party is responsible, through its chosen President, for the conduct of the war. The Republicans have carried on the war twenty months, allowing their enemies to c.anage it, and the proper fruits are before us...The country demands action, action, a c t i o n / 0

The Illinois State Register, having since the September announcement of the

Emancipation Proclamation, found more to attack Lincoln with, said "Such is

the response to Mr. Lincoln* s proclamation, and in condemnation of the general policy of the abolition administrations, state and national . . ,

That is the indignant expression of Abraham Lincoln* s own state.**^ Gover­ nor Yates* reaction is best expressed by a letter written to him by Governor

Oliver Morton of Indiana, a man very similar to Yates in character. The two were friends and corresponded frequently. Both were stunned by election results in their states. Morton went to Washington to confer with Lincoln, and express the concern of both governors. Said Morton to Yates,

I wish you had been there, and believe you could have done much good. X could only speak for one state, but I endeavored to make the President understand the conditions of the Northwest. The removal of McClellan has taken a load off the heart of the nation, and the pulse again beats high. I hope you will go to Washington at the earliest moment and labor to impress upon the administra­ tion the true condition of the West. Illinois has gone by the board like the rest. I am not surprised, but regret it deeply, and greatly upon your account as it will hinder your well deserved election to the Senate. The moral effect of these elections seems to be misunderstood but even friends talk as if there had been a great popular revolution, which is all nonsense. No wonder they should beat you when you have 70,000 voters out of the state two- thirds of whom were Republicans and nine-tenths of the remainder would have voted the Union ticket. They have carried Naw York by 6000 with 120.000 voters out, and Penn— by 3600 with 100,000 vo­ ters out. These are not popular verdicts and as such are entitled to no respect whatever. They simply prove that one party cannot carry on a great war and win elections at the same time/® 21

The idea that the soldiers vote made a difference in the Republican defeat was a widely held excuse, but not valid. People in the military were upset with the conduct of the war as well. Also, it appears Yates was per­ sonally hurt by the defeat which kept him out of the Senate. Holding a po­ sition of greater leadership was something he wanted. When the legislature convened in January, however, Governor Yates proved that positions of lead­ ership were something he deserved very little. 22

NOTES

1. The national scene is described in Peter J. Parish, The American Civil War, Holmes and Meier Publishers, Inc., New York, 1975.

2. Janet Cornelius, A History of Constitution Making in Illinois, Institute of Government and Public Affairs, Urbana, IL, 1969, p. 34,

3. Cornelius, Constitution Making, P. 35.

4. Cornelius, Constitution Making, P« 35.

5. Cornelius, Constitution Making, p. 36.

6. Cornelius, Const i tution Making, P« 37.

7. Cornelius, Constitution Making, P- 38.

8. Yates to Trumbull, February 14, 1862, as quoted in Cornelius, Constitu­ tion Making, p. 38.

9. Jack Nortrup, "Yates, the Prorogued Legislature and the Constitutional Convention," Journal of the Illinois State Historical Society (JISHS), Spring, 1969, Springfield, p, 6.

10. Nortrup, JISHS, p. 8.

11. Yates to Trumball, February 14, 1862, as quoted in Nortrup. JISHS. p. 15.

12. Yates to McClernand, March 26, 1862, as quoted in Nortrup, JISHS. p. 18.

13. Cornelius, Constitution Making, p. 42.

14. Jack Nortrup, Richard Yates; Civil War Governor, Ph.D. Thesis, Univer- sity of Illinois, Urbana, 1960, p. 272.

15. Harris L. Dante, Reconstruction Politics in Illinois, Ph.D. Thesis, Uni­ versity of Chicago, 1950, p. 18, io. Yates to Trumball, February 14, 1862, as quoted in Nortrup, JISHS, p. 16.

17. Chicago Tribune, July 14, 1862.

18. Ch icago Tribune, July 14, 1862.

19. Chicago Tribmsa. August 2, 1862.

20. Koerner to Tnunbal1, June 24, 1862, quoted in Nortrup, JISHS, p. 20.

21. Illinois Slate Register. November 3, 1862. 23

22. Illinois State Register, November 3, 1862.

23. Swett to Orme, November 18, 1862, quoted in Nortrup, Thesis, p. 277.

24. Illinois State Register. November 11, 1862.

25. Illinois State Register, November 14, 1862.

26. Chicago Tribune, November 6, 1862.

27. Illinois State Register, November 6, 1862.

28. Q.P. Hotton to Richard Yates, November 13, 1862, Logan Uriah Reavis Pa~ pers, Chicago Historical Society. 24

CHAPTER II

The Men Who Made the History; A Survey of the Participants of the 23rd General Assembly Introduction

It has often been said that history is made by great men. True or not,

history is the story oi peupi t-, To understand the 23rd General Assembly, it

is essential to understand its key players. One of the purposes of this

study is to break down the generalizations about MRepublicanM or ^Democrat-

icM positions during the Civil War. It will be demonstrated that a wide

body of opinion existed, which often transcended party labels. Several fac­

tors caused this disparity in thinking. The key factor was the background

of the various individuals who brought to Springfield various values, per­

sonal concerns and vocations, which played a role in molding their opinions,

In the next few pages, there will be a sample of the men of the assembly.

Several points will be striking. First, only one was born in Illinois,

This shows the diverse geographic base of the legislature, which had members

from several states and foreign countries. It shows beyond anything else,

the tremendous growth Illinois was experiencing. The pressures of that

growth played a role in the session. Second, various vocations are repre­

sented, Although, like today, many were lawyers, several merchants, farm­

ers, doctors and newspapermen played a great role in the session. Finally,

many of the people experienced political realignment. This could either be

a party switch or becoming a new voter. Either way, these men prove that

1860 was a major year for political shifts in this country. Basically, a knowledge about the persotial lives ->f the various legislators enhances the description of their actions on the floor of the General Assembly. This section is equal in importance to the others for that reason.

25 26

Edward R. Allen

(Republican, Senator, 19th District)

Allen was born in Cortland, N* Y. on November 7, 1819. He received an

education as a druggist, and with that knowledge? came west to Chicago in

1839. He stayed there until 1841 when he moved to Aurora, Illinois. He

started many mercantile enterprises, including the still existing First Na­

tional Bank of Aurora with several partners. He hnv. a long political career

in Kane County. President Polk had made Allen Aurora*s second postmaster in

its history. He served as an alderman and mayor of Aurora before serving as

State Senator, He had several children by two marriages, his second wife

dying in 1865. Alien himself lived until August 22, 1897,1

Lorenzo Brentano

(Republican, Representative, 61st District)

Lorenzo Brentano was born in the city of Mannheim, Grand Duchy of

Baden, Germany, on November 4, 1813, He received a classical education,

culminating in a law degree. He attended the University of Heidelberg and

University of Freiburg to gain his legal education. He practiced law before

the Supreme Court of Baden, and was the leading counsel for the defense in a

celebrated treason case, in which he gained considerable notoriety. As soon

as he reached the minimum legal age he was elected to the Chamber of Depu­

ties, where he joined the liberal opposition party. He eventually became

one of the party leaders. In 1848 he was elected to the Frankfort Parlia­ ment, which led the revolution of that same year. In 1849 the Grand Duke of

Baden fled because of the revolution, and Brentano became the President of

the Provisional Republican Government* After the revolutionary army was defeated, he was sentenced to lifetime imprisonment, and orders were issued 27

for his arrest. While in hiding Brentano found a means to escape to this

country. He settled in Kalamazoo County, Michigan, and took up farming. In

1859 he moved to Chicago, was admitted to the bar, and briefly practiced law

again. Soon he became editor-in-chief and principal proprietor of the Illi-

nois Staats-Zeitung, the German newspaper which served the ever growing and

powerful German community. This automatically made him a politically impor­

tant figure. In 1862, he was nomin *ied by the Republicans to run for the

State Legislature, The German vote was extremely important, and great ef­

forts were made to get those votes, which were overwhelmingly Republican,

The new German voters were responsible for the political realignment which

took place in 1860, Brentano would do little in the legislative session,

but the importance of his German connections cannot be overlooked,^

Samuel A. Buckmaster

(Democrat, Representative, 16tn District)

Buckmaster was born in Virginia in 1817. He came to Illinois when he was a young man. In 1850, and again in 1852, he was elected to the Illinois

House from Alton, his hometown. From 1853 to 1854, he also served as mayor of Alton, After a short time out of office, he was elected to the State

Senate in 1858. From 1862 to 1863 he again served as Alton*s mayor. He was a delegate to the 1862 Constitutional Convention. Buckmaster also served for many years as the warden/lessee of the original State Penitentiary in

Alton. In 1862, Buckmaster again moved across the Capitol to the House, where he was chosen Speaker for the 1863 session. Buckmaster was a conser­ vative Democrat meaning that he supported the Union but he was against Lin­ coln's handling of the war. He was not a pacifist. He believed in using the military to suppress the South. In fact, early in the war, Buckmaster 28

participated in a daring removal of arms from St. Louis to Alton. He was a

good parliamentarian, and he was able to calm an often hostile house. As

tempers flared and charges flew, Buckmaster is said to have shouted that he

would preserve order in the House even il he had to use a shotgun for a gav- 3 el. In general, the problems in the House would not occur while he was in

the Chair.**

Albert G. Burr

(Democrat, Representative, 24th District)

burr was born in Genesee County, New York on November 8, 1829. He was

brought by his mother at the age of 1 to Illinois. The two settled near

Springfield, His family was poor, so Burr educated himself. His first job was as a school teacher in Vandalia. In 1850 he moved to Winchester, Scott

County to engage in mexxantile pursuits. On the advice of General Case, he began the study of law. In 1856, he was admitted to the bar. In I860 he was elected to the General Assembly, where he distinguished himself as a speaker and parliamentarian. In 1862, he served in tha ill-fated Constitu­ tional Convention, Also that year, he was re-elected to the Legislature.

Burr would be the Democratic leader in 1863, and as Speaker Protempore, he would be badly treated by manipulative Republicans, Yet, he provided intel­ ligent and dedicated opposition to Governor Yates during the whole 23rd Gen­ eral Assembly.^

Washington Bushneli

(Republican, Senator, 17th District)

He was born in Sullivan, Madison County, Hew York on September 20, 1325 to descendants of Mayflower puritans. He was the youngest of 10 children, 29

nine of which were boys. In 1837, the family moved to Lisbon, Kendall Coun­

ty, Illinois. Washington farmed, and borrowed books to study law, after his

mother encouraged him to be an attorney. He became a great orator. His

b f3M build made him appear as an imposing speaker. Bushnell returned to New

York for law school, going to school in Poughkeepsie. In 1853 he was admit­

ted to the New York bar. Following graduation he returned to Ottawa, Illi­

nois, where he was immediately elected city attorney. In 1856 he became

States Attorney. He served until 1860, when he was elected to the State

Senate. Bushnell was a good friend of Governor Yates, and one of his key

allies in the legislature.^

Seldon M. Church

(Republican, Representative, 55th District)

Church was born in East Haddam, Connecticut on March 4, 1804. Early in

his life his family moved to Western New York, where Church worked on the

family farm. At age 21, he went to Cincinnati to become a public school

teacher in the new school system there. After 1 1/2 years he returned to

New York to invest in a dry goods business. He sold this in 1833 and moved

to Illinois in 1835. He took charge of a store in Geneva, Illinois, but

quickly moved to Rockford where he ran a sawmill for three years. In 1840

he was elected Winnebago County Clerk, and then President Harrison appointed

him as postmaster in Rockford, a position he held for three years. After

that job he bought a farm of 160 acres. In 1847 he was elected as a dele­ gate to the Constitutional Convention, one of only three 1863 legislators to have served in that body. In 1849 he was elected to a county judgeship, which he held for eight years. In 1862, he was elected to the legislature. 30

Being one of the true old-timers in the legislature, he commanded great re

spect.^

Ansel B. Cook

(Republican, Representative, 59th District)

Cook was born in Haddam, Middlesex County, Connecticut on August 18,

1823* He was descended from the i H rims. He received a public school edu­

cation at Haddam, and then went to Brainerd Academy. He graduated and

worked as a stonemason. In May 1845. Cook came to Chicago, but soon after

bought a 448 acre farm in Libertyville. He worked his farm for four years.

Cook then moved to Waukegan to teach at the Central School. In 1853, Cook

returned to Chicago to work as a builder and contractor, a business in which

he was successful. He built the old waterworks, the flag stone walks and

other city properties. He was a leader in the Builders and Traders Associa­

tion of Chicago, which gave him a political base. In 1862, he was elected

to his first political office.®

Francis A. Eastman

(Republican, Representative, 61st District)

Immediately before the session Eastman had worked as a newspaperman.

He worked for Sheehan and Mat tea on as business manager for the Chicago Mor­ ning Post. The Post was a Democratic paper, and Eastman was a strong Doug­ las Democrat, The Post began publication on December 25, 1860 as a paper for War Democrats, those Democrats who believed the wartime condition de­ manded support for the Dincoln Administration, The Post favored war for the

Union, but opposed emancipation and the radical program, Eastman was elec­ ted in 1862 to the House, In the session he would be a great Republican 31

leader* As a War Democrat, he felt a particular animosity toward his old

partisans, like Melville Fuller, who refused to heed Stephen A* Douglas1

call for unity behind Lincoln, He was a good speaker, and he gained a lot

of respect, Eastman is a good representative of a whole class of Civil War

politicians, who participated in the great political realignment of the era

to support the Union cause,9

John Nelson English

(Democrat, Representative, 22nd District)

English was born on March 31, 1810 in Henry County, Kentucky. In 1822

the family moved to Washington County, Illinois, and finally settled in 1825

to fan, in Jersey County. In 1831, he enlisted with Captain, later Gover­

nor, Carlin to fight in the Black Hawk War. he became a surveyor in north­

east Illinois for three years after the war, then he returned to Jersey

County to farm. Upon the formal organization of the county, English became

its first sheriff. After his term was up, he began steamboating down the

Mississippi as a mate on a steamship. He settled down in 1847, when he

bought his own farm in MRich Woods,” An ardent Democrat, English prided

himself on attending nearly every Democratic convention. In 1860 he was

elected to the State House, and of course he was re-elected in 1862.*®

James M, Epler

(Democrat, Representative, 25th District)

Epler was born on June 15, 1836 in Orangeville, Cass County, Illinois.

His father was active in politics, and had served in the legislature in 1841

(in fact, hia father lived until at least 1876). James Epler went to Illi­ nois College, from where he graduated in 1858* He read law with his unde 32

Cyrus Epler, £*nd he was admitted to the bar in 1859. He began his practice

in Beards town, Cass County. In 1860 hi. was elected to the State House, a

position to which he was re-elected in 1862.**

Melville W. Fuller

(Democrat, Representative, 60th District)

Fuller was born on February 11, 1833 in Augusta, Maine. Fuller* s

mother was divorced soon after his birth, so Melville Fuller and his brother

were raised in the home of their grandfather, Chief Justice of the Maine

Supreme Court, Nathan Weston, Fuller read intensely and loved learning.

Fuller became an excellent orator, and at 16 years of age he was elected

President of the new Dialectic Club of Augusta. In 1849, Fuller entered

Bowdoin College, where his grandfather was a trustee. The school itself was

founded by his great-grandfather. In school he lived with his cousin and

son of a Maine governor, Joseph Smith. He did debate and read an immense

amount of material. He was a Democrat, yet he was against slavery. In

1852, he organised the Pierce for President campaign at Bowdoin. After

graduation in 1853, he studied law under his uncle and grandfather. In

1854, Fuller went to Harvard Law School. In 1855. he was admitted to the bar, and he began editing the Augusta Age newspaper. The paper opposed the

Kansas-Nebraska Act, and due to the Republican victories in Maine, the Age lost its state printing contract. In 1856, Fuller moved to Chicago, where he began practicing law. He began political activity. Calling himself a

Benton Democrat, he began work for Stephen A. Douglas. He became Douglas1 key Chicago campaigner. After the election, by then well-known in Demo­ cratic circles, he was elected to the 1861 Constitutional Convention.

There, Fuller proved himself to be a great leader and speaker. He also 33

btcwi* close ieH. C. Goudy, who became Fuller’s mentor. la Augu«t 1862, be

became president of the Democratic Invincible Club of Chicago. In No v m 1 *r,

he waa elected to the State Legislature. la tha session, hia extreme

tisanship would alienate many, yet ha gained respect for hia political sk_xl

aad savvy.**

laaac Punk

(Republican, Senator, 10th Diatrict)

laaac Funk waa born Nov caber 17, 1797 ia a ark County, Kentucky. He

had little acbooling. In 1807, hia father moved to Fayette County, Ohio,

but when laaac waa 23 years old he moved to Virginia to the Kanawha Salt

Works, where he worked for one year. He then caaa back to Ohio ami farmed•

In 1823*24, Funk moved to Illlnoia, and settled in McLean County with hia brother Absalom. They built a cabin and began clearing land and buying and selling cattle. In 1826, Funk waa married and had children. The brothers continued their business farming, raising stock and buying and selling cat* tie, horses, mules and hogs, until 1838, when they dissolved the partner­ ship. Apparently, Absalom lost the family a lot of money in a bad deal.

Isaac Funk prospered more in the following years. His yearly cattle drives and hog drives are Illinois legends. He kept getting wealthier and wealth* ier as his stock grew. At his death, he was estimated to be worth two mil­ lion dollars, one of the largest sums in the state. Politically, he went from the Whigs to Republican* in 1854, In 1840, he had been in the State

House, but he did nothing of mote. In 1862, old aad nearly a living legend, he was elected to fill the term of General Oglesby in the State Senate.

.Although in the session Punk said little, he was a true pioneer, and people respected him for his determination, strength and wealth. Tluis, his influ* •Be* extended fer beyond his words oo rscord. Maybe Colonel Forrest paid

Funk the greatest tribute when he wrote, "I »uat not forget especially to

■ention Nr. Funk of McLean. He is as true as steel. lie is willing to fight

tha Democracy on the floor of the Senate . . . I glory in such non as Nr.

Funk of McLesn, the wealthiest and nost extensive farwer in the state.*13

Isaac Funk was one of Illinois' aost respected citizens.**

William C* Goudy

(Democrat* U. S. Sanata Candidate)

Gaudy was born in Indiana on May 15* 1824. Ha moved to Vandalia with

hia father* and than to Jacksonville in 1833. Hia fathar publiahad "Tha

Farmer’s Almanac1* for that araa* Goudy antarad Illinois Collage, graduating

in 1845. Ha atudiad lav undar tha famous Damocrat Staphan T. Logan, and was

admit tad to tha bar in 1847. Ha bagan hia practica in Levlstown* Fulton

County. In 1852 ha vaa elected Stataa Attorney, an office ha held until

1855* In 1856 ha vaa elected State Senator. After serving out hia tarm§ ha moved to Chicago, where ha became prominent aa a corporation and railroad

lawyer* Ha lad tha Chicago Democratic Machine for many years. In 1863* hia base of support was vide enough to be considered a candidate for Senate*

Through hia railroad connections* ha made political allies ail over tha state*15

William H. Green

(Democrat* Senator* 1st District)

Groan was b o m In Danville* Boyle County* Kentucky on December 8* 1830.

Me received his collegiate education at Centre College in Danville* In 1847

the family sowed to Mt* sraon* Illinois where Green1 a father* Dr* Duff Gram, worked until hi* daath in 1857. At tha age of 17. Williaa Green

taught school in Banton, Illinois and in fit. Louis. At tha u a * tiaa. ha saad law under tha diraction of Hon. Haltar B. Scates, tha foruer Illinois

Supreae Court Justice. Ha was adaitted to the bar in 1852. and coasenced practice in Kt. Varnon. Ha uovad to Metropolis in 1853. and in 1881 ha was appointed attorney for tha Illinois Central Railroad Coapany. Also in 1861. ha began service on tha state hoard of education, which continued until his daath. His elective political career began in 1858, whan ha was elected to tha General Aaseably, proaising to support Stephan A. Douglas for Senator.

Ha was re-elected to the House in 1860, and elected to the Senate in 1862.

He was aarried in 1854 and had two sons. In the 1863 legislature Green would be the Deaocratic leader in the Senate, offerir^ rational propoaals and realistic progress.**

Elijah M. Haines

(Republican, Representative, 53rd District)

Haines was born on April 21, 1822 in Oneida County, New York, and ar­ rived with his fsaily in Lake County, Illinois in 1836. He was a descendant of John Haines, who was Governor of the Massachusetts Bay colony after ar­ riving froa England in 1633. Tha death of Haines' father and stepfather aade fozaal education iapoasible, but Hainan educated hiaaelf well M»«ug»» to beceae a teacher at tha first school in Little Fort (now Haukagan), Illinois in 1841-42. Later, he beesaa a surveyor and, in 1846, ha platted tha vil­ lage of Haineavilla, which is still Laka County's oldest rad aaallest incor­ porated village. In 1847, ha produced the first aap of Lake County. He did a lot of writing. The fcaml fiMltt 1 ffTtfll BWltoli

fifty titlaa by bin, tanging fran an 1652 hiatory of Laka Coarty ta a classic work on township organisation and a book on parliamentary law for

dalibarativa assemblies, Hainas began his political, caraar as a county

school commissioner and justice of tha peace, Meanwhile, ha studied law

and was admitted to tha bar in 1851* In tha early days, ha was a Democrat,

but as ha parcaivad tha pro-slavery drift of tone sagaants of tha party's

membership, ha joined the new Republican party, and was alectad to the State

House in I$58, 1860 and 1862. In tha session of 1863, Hainas was one of

Governor Yates' greatest supporters, except in his support of certain coa-

aercial projects.

Francis (Frans) A, Hoffaan

(Republican, Lt, Governor)

Hoffaan was born in Harford, Prussia in 1822, His father was a book

sellar, Ha graduated froa school at 17, and left Prussia to avoid ailitary

service, Hoffaan arrived penniless in New York in 1839, Ha borrowed $8

froa a friend to go as far west as ha could. In Septeaber 1839 ha arrived

in Chicago, Ha worked briefly as a printer, but soon became a schoolteacher

in a German school in Addison Township, DuPaga County, Ha lived with child*

ran* a families in Duncklee's Grove (now Churchvilla), where tha school was built, Zn 1840, ha began to read sermons since no church existed. Becoming interested in this, he took 1841 off to study theology at the Lutheran

School of Michigan in Ann Arbor, In 1843 ha returned to serve as pastor in

Duncklee's Grove, a job ha held until 1847, In 1844 he married an Stnglish speaking girl, vowing to master tha faglish language. While serving as pas* tor. h. btciM fMtautw, and .dltor of the IUlooli Itaatc-^taae. tb. pwitfal Im h i nnapapar. Hoffaaa alao net, artlclaa for John Wantworth at tb, Chicago Dwoerat. froa 1,47 to 1,91 he aarvad aa peater in lebaur- burg. Hoff m u decided in 1851 to become i lawyer. to he moved to Chictgo to

work with Calvin dt Wolff. In 1852 ht was admitted to tht bar. «nd alto

•lactad 8th Hard Aldermen. aarving araaa north of tha Chicago River. Ha

wanted to uaa hit legal knowledge to open a bank* which ha did in 1854 in

Chicago. A big anti-slavery nan* ha was nominated in 1856 for Lt. Govarnor

by tha Republicana, but after winning, he could not taka office. Ha did not

have hit citisenship papers long anough. In I860, ha gave tha kaynota ad-

dratt at tha Republican Convention, which again nominated him for Lt. Gover­

nor. He won on a ticket with Richard Yates. In 1860 he had alto stumped

the state with Carl Schurs and Theodore Koemer to get Germans to vote for

Lincoln, which they did. In 1861 he worked for the Illinois Central Rail­ road tailing land to Carman immigrants by advertising abroad. He alto served at consul in Chicago for many German states. Basically. Hoffman was obviously a brilliant and highly motivated individual. Ha raprasantad tha powerful German community on the state ticket, which always included at least one German. Ha was a highly respected community larder, and a great

Republican politician. In tha session ha would be a great asset to Govarnor

Yates. Ha was able to somewhat calm tensions between the legislative and executive branches, since ha served in both.17

Colby Knapp

(Democrat. Senator. 11th District)

Knapp wax bom on January 7. 1811 at Guilford. Chenango County. New

York. Ha was tha a m of a physician. He received no formal education after the age of 15. Ha worked in Oxford. H. Y. at a store until ha was 20. and than he moved to Baltimore. Ha bought a drug store there which he sold af­ ter three yearn. In 1826 he moved to Middletown. Logan Comity. Illinois. 38

where he built e store on the stage road fro* Chicago to St* Louis, As Il­

linois1 population grew* so did his business and he became wealthy. In 1842

he began hog raisingA which he did until 1861* when he began faming on a

spread he bought in 1850,

Politically* he was always a Democrat. Re prided hiaself that he cast

his first vote for Andrew Jackson. Fro* 1837 to 1880 he served as Middle*

town's postmaster. He was a probate judge from 1839 to 1843. In 1851 he served one tern in the legislature. His victory in 1862 best expresses the extent of pro-Democratic sentiment in Illinois. He defeated Shelby M. Cul- lon* the Speaker of the Illinois House* and future governor* in the State

Senate election. This was Cullom's greatest defeat* for he was the more popular candidate. Knapp simply capitalised on the mood of the times.

Alonso W. Mack

(Republican* Senator* 18th District)

Mack was b o m in Moretown* Vermont in 1822. At the age of 16 he moved to Kalanaioo County* Michigan. At 22* he decided to study medicine. In

1844* he graduated from medical school in LaPorte* Indiana. After marrying* he returned to Xalamasoo to practice medicine. Later* he moved to Kankakee*

Illinois* and became one of the first settlers there. In Kankakee he began a law practice* and in 1858 ha was elected to the Illinois House. In 1860 he was elected to the State Senate. In the summer of 1662 he organised the

76th Illinois Volunteers and was appointed colonel. He served with the regiment* and resigned during the 1863 session* a move criticised by Demo­ crats. In the session* Mack would be the Republican leader in the Senate.

Although not a terribly dynamic man* he waa a good parliamentarian and logi­ cal thinker.1* Ambrose Miller

(Democrat, Representative, 20th District)

Ambrose Miller, one of e family of five children, wee born October 6,

1029* He received training ae e physician at Washington University in Bal­

timore, after working and living with his cousin in Baltimore to get a gram­ mar school education. At the age of 17 he began his practice concurrent with his study. He became Health Commissioner of Baltimore's 8th Ward, a job from which he resigned in 1851 to move to Milton, Pike County, Illinois.

He then moved to Winchester in Scott County, and finally settled in Lincoln, where he practiced beginning in 1858. He became head of the Bye and Sar

Department of the Lincoln Infirmary. Politically, he was a states rights

Democrat, but he believed in the Union. So, he ran as a Democrat in the

1862 election. In the House, he was recognised for parliamentary skill, and his support of education.^0

William W. O'Brien

(Democrat, Representative, 36th District)

O'Brien was born in Leitrim County, Ireland on May 22, 1834. He immi­ grated in 1854, leaving the family farm. After travelling all over America, he settled in Peoria, Illinois in April 1855. He got a job as a hostler and porter in the inn, Peoria House. A lawyer, who boarded at the house, con­ vinced him to study law. In 1858, O'Brien was admitted to the Peoria bat, being the first Irishman ever admitted. On the first ease to which he was appointed, he had to defend a murderer. The case attracted community-wide attention, as everyone wanted to see how the Irishman would do. He won the ease, and took up defending murderers as a specialty. He boasted that he defended more men charged with murder than any man in Illinois history. Ha •lao becaaa a woolthy and raipectad lawyer. In 1860. ha wae elected City

Attorney of Paoria. Ha waa aarriad juat bafora tha 1862 electione, in which

O' Brian waa alactad to tha lagialatura. In tha 1863 aeaaion, O'Brian waa

alaoat tha ataraotypical Iriahaan. He waa vary anti-black, and on aavaral

occaaiona apoka on thaaa ieauea. He waa one of the aoat ultra-Damocrate,

and a aoat uncoaproaiaing individual.21

William B. Ogden

(Republican, Senator, 24th District)

Ogden waa born on June 15, 180S in Walton, Delaware County, Now York.

Hia father died whan he waa young, and ha becaaa head of hia faaily. Ha

alao becaaa an avid daerhunter in the aountainoua New York c juntry. In

1834, Ogden waa elected to the New York Legielature. Ha becaaa cloaa with

the "Albany Regency" of Now York leadarehip, nan like Martin Van Buren, Ben-

jaain Butler (whoee brother aarriad Ogden'a aiater) and John A. Dix. Ho waa

aeloctad apecial advocate of tha New York and Brie Railrcad, and aada well-

nubliclaed apaachaa advocating Now York aa a railroad cantor over Baltimore

and Philadelphia, In 1835, Ogden becaaa aaaociated with a company of Eaat-

a m capitaliete, who under the naaa of tha "Aaarican Land Colony." wore

aaking large iavaataanta all over the Waat, eapecially Chicago. At tha ra-

quaat of the invaatora, ha aovad to Chicago to watch thoae iavaataanta. In

the apring of 1837, ha waa elected tha firat mayor of Chicago. Ha waa a

contractor of public wocka, building ailea of etreota, tha Illiaoia aad

Michigan Canal, aad having a part in building many ailea of roilroada. ha

becaaa connected with tha Northweetara Railroad in 1847 and roaa up in rank.

Aa anyor, ha waa a Democrat, but ha waa alwaye anti-alevery. In 1848, ho joined tha Vraa Soilera, and later became a Republican. In I860, ha aup- ported Lincoln for President and was elected to tha Stata Senate. During

tika war# ha became alienated fro® Lincoln bacauaa ha did not aupport tha

Emancipation ProcXaaation or Lincoln's use of extensive executive power.

Thua# in tha session of 1863# ha wan an inconaiatant RepubXican voter. Og-

dan* a expertise waa raaXXy on commercial and currancy iaauaa# with which ba

waa vary familiar. In 1861# bafora Treasury Sacratary Chaaa announced a naw

policy# Ogdan concaivad "of a plan for the iaaua of govt, notaa to paaa aa

money and ba made legal tender."** Ha wrote to Chaaa to auggaat thia idea.

In the aaaaion# Ogdan waa raapactad in much tha aanaa aa Iaaac funk. Ha waa

a pioneer and recognised leader. Ha waa also extremely wealthy. He had a

good rapport with Republicans and Democrate alike# yet illness kept him from

much activity.**

Harvey K. S. O'Helveny

(Democrat# U. S. Senate Candidate)

He waa the grandson of an Irish immigrant# and born in Kentucky in

1823. In 1852 ha came to Illinois and practiced law at Salem. In 1858 ha

waa elected circuit court judge to fill a vacancy# a post he resigned in

1861# Aa an intensely Democratic opponent of tha war# ha served aa Chairman

of tha Committee on Public Accounts and Expenditures in the Constitutional

Convention of 1862. Thia committee waa especially critical of Governor

Tates# He would be considered by arch-Demccrats for Senator# but his ex-*

trams views were opposed by most people* After the war he moved to southern

California# where Democratic politicians were better accepted. He founded a

lew firm# OlMelveny and Meyers# which Is today a multi-million dolUr Los

Angeles lew firm# one of the largest in the country#** Thom** J, Pickett

(Republican, Senator, 21at District)

Colonel Pickett was born in Louisville, Kentucky in 1821, He caae fro* a family with a military heritage. His grandfather mas in the Revolutionary

War, end his father served in the War of 1812. He moved to Peoria, Illi­ nois, and than to Pekin to begin the Tea avail Reporter newspaper. This journal, begun when he was 19 in 1840, was established to elect "Tip and iy« to the White House. In 1859 he moved to Rock Island to become editor of the

Register. He avoided political office until I860, when he was persuaded to run for the State Senate. As a friend of Abraham Lincoln's, he was selected as a delegate to the Republican conventions in 1856 and I860. During the var, he was Lt. Colonel of the 69th regiment of Illinois volunteers, and then he became colonel of the 132nd Illinois infantry. He kept his military position while serving in the legislature.25

William A. Richardson

(Democrat, United States Senator)

Richardson was b o m in Payette County, Kentucky on January 16, 1811,

His father died when he was five. Richardson vent to Centre College in Dan­ ville, Kentucky and then Transylvania University in Lexington. He was ad­ mitted to the bar in 1831, That year he moved to Shalbyville, Illinois. In

1832, Richardson fought in the Black Hawk War. following the war he moved to Rushville in Schuyler County, In 1834 he was elected States Attorney, and in 1836 he was elected to the legislature. In 1838 he moved up to the

State Senate, winning his seat by 17 votes out of 1700 east. In 1844, he

to the State House, and he war also elected as a presiden­ tial elector for President folk. The State Houite that year chose him as Speaker. In 1846 he want to light in the Mexican War eerving under Colonel

Hardin and General Taylor* He wag made captain of hie company. He returned

in 1847 to run for Congress. He won, and was re-elected in 1848 and 1850,

both tinea beating A. H. Browning. He was re-elected in 1852 and 1854, Hie

1854 victory was surprising because of his support of the Kansas/Nebraska

bill, which was reported out of the Conaittee on Territories of which he was

chairman. In 1856 he lost both the canvass for governor and his congres­

sional seat due to changing political tides. In 1857, President Buchanan

offered hie the Governorship of Nebraska. He declined at first! o*

cepted the job after being asked again in 1858. He arrived in Omaha to find

a divided legislature and a territory without a law code. He had the legis­

lature adopt the criminal code of Illinois and the civil code of Ohio. He

unified the legislature. In I860, his job in Nebraska finished, he returned

to Illinois and was elected to Congress from Quincy, Illinois, his home since 1849. He was re-elected to Congress in 1862. When the State Legisla­ ture needed a Senator there was no one more qualified than William Richard­ son, He was a true moderate Democrat, with respect from both parties and experience in Washington, D.C. Thus, the choice of Richardson was consi­ dered a conservative victory. Compared to arch-Democratic challengers, who had little legislative experience, Richardson supported the legal process of this country to initiate change. He thought the war could end by negotia­ tion, so that made him a Copperhead. Yet, he supported the Union in the same sense as Stephen A. Douglas. He wanted to be a Senator to fight Lin­ coln from within the system. He resigned his Congressional seat to take the

Senate post.26 44 Leaner Smith

(Republican, RepresentaMve, 48th District)

Saith was born in Templeton, Massachusetts on February 10, 1819. Me

was of Puritan descent. He grew up on a farm, but went to study at an aca-

deay in Ipswich, New Hampshire at the at# of 16. At 17, he began school­

teaching for six years. In 1842, he finished studying at Dartmouth College

Medical School and began a practice in Richmond, New Hampshire. After three

years he moved to Elkland, Pennsylvania to practice medicine, as well as

invest in lumber. He went to California to mine tor gold in 1849, but re­

turned to Rlkland in 1850• In 1811 he moved to lanton County, Iowa to the

town of Vinton, and in 1854 moved to Lyons, Sawn. In 1856 he finally

settled in fulton, Whiteside County, Illinois, He practiced medicine, but

else speculated with timber land owned by the government in Wisconsin and

Minnesota. In 1856 he opened a bank in Fulton, His only political office

was as a legislator, a position to which he was elected in 1862.^

John T. Springer

(Democrat, Representative, 27th District)

Springer was b o m in 8ullivan County, Indiana on January 31, 1831. Mis

family soon moved to Jacksonville, Illinois, where he received a public

school education. Me then attended Illinois College. After school, he went

to California for two years to mine for gold. Upon his return, ha began the

study of law with William Thomas. In 1858, he was elected to the bar. In

1859, ha took his first political office, succeeding educator Newton Bateman as Commissioner of Public Schools tor Morgan County, in 1863, he gave tp

* M s papt for service in the legislature, a position |e held for two 45

John Thomas

(Republican, Representative 15th District)

Thomas, one of the older men elected to the General Assembly, was born

in Wythe County, Virginia on January 11, 1800. He moved to Illinois with

his family to get away from slavery, an institution repugnant to the elder

Thomas. They settled in the small town of Shiloh. Illinois in St. Clair

County, in April 1818. At this time St. Louis, called Pan Cor, had two

buildings. At age 21. Thomas began to get an education and make an income.

In June 1822 he married Isabella Kinney, the daughter of the future Lt. Gov­

ernor Kinney. He began farming. In 1832, he commanded a regiment in the

Black Hawk War, obtaining the rank of colonel, Hia political career began

in 1824, when he led the movement for an antislavery referendum to change

the Illinois Constitution. He became a Republican in 1854 due to the Kan-

sas-Nebraska question. His first trip to the Legislature was in 1838, the

last year it met at Vandalia. In 1856 he lost the race for U. S. Congress.

Thus, he ran for the Legislature in 1862 to resume a political career. In

the Legislature he was known as an advocate of free education, and as a good

pari lament arlan .* *

Joseph B. Underwood

(Republican, Representative, 15th District)

Joseph Underwood was the little brother of the great lawyer and Sena­ tor , William H. Underwood. Hot much is known about Joseph Underwood. Ha g a m e d to live in his brother’l shadow his thole life* Be was a successful ielleville attorney during hig life. Besides ilia State Bowse* his only ether political office yes mayor of Ielleville, a jgh ho held la 1881, The interesting thing meet the Underwoods is hew they warn kith in different 46

parti#*. While the elder brother was e moderate Democrat, Joseph Underwood

was evidently one of the most conservative Republicans,

William H. Underwood

(Democrat, Senator, 5th District)

He was b o m in Schoharie Court House, Schenectady County, New York on

February 21, 1818, He was educated at Schoharie Academy and the Hudson

River Seminary. He then read law under William Hauck of Albany, New York

and he was admitted to the bar. In June 1840, he moved to Belleville, Illi­

nois to take advantage of new opportunities in the West. In 1141, and again

in 1843, he was elected States Attorney of St. Clair County. In 1844, fee

was elected to the General Assembly, serving only one term. In 1848, fee

began a six year term as Judge of the Circuit Court, which sat in Belle­

ville. In 1856 and 1860, he was elected to the State Senate. In 1856, fee

defeated then Lt. Governor Koerner by 2500 votes. In the legislature he was

a moderate Democrat. He was anti-slave, but could not see the legal pre­

cedent for Lincoln's abuses of constitutional power in the habeas corpus question or in the emancipation. He was a supreme legal authority, and the legal process was held in great regard fey Underwood. As fee said in a speech

in March 1862, H e are unalterably opposed to recognition of the Southern

Confederacy . . . The Constitution must fee preserved. It is the ark of our safety,"*0 Thus, in the session Underwood feed everyone's respect. Me had been a law partner with former Governor Reynolds and Lyaee Trumbs.11, so fee was eoaaaeted on both aides of the political fence.*1 47

Horatio M. Vandeveer

(Democrat, Senator, 7th Diatrict)

Vandeveer was born on Hareh 12, 1816 in Waehington, Indiana, In 1829, he aoved with hie lather, Reverend Aaron Vandeveer, to Clear Creek, Sangamon

County, Illinois, He worked on the faaily l a m until he was 21 years old.

During this time, the great Judge John T. Stuart ol Springfield gave hia books to read and encouraged hia to study law, Vandeveer always considered

Stuart to be his mentor. He began teaching school outside ol Taylorville in

1836, He was admitted to the bar, and mat fellow lawyers Stephen Logan and

Abrahaa Lincoln. On the organisation ol Christian County, hit was elected the first County Recorder and appointed the first school commissioner on

June 1, 1839* In 1842, he was elected to the General Assembly, and in 1843 he was appointed postmaster in Taylorville, In 1846, he raised a company lor the Mexican War, but it was rejected. President Polk, however, ap­ pointed Vandeveer to a quartermaster position. In 1848, he rejected a Con­ gressional nomination, but ha served as a Presidential elector, casting his vote for General Cass. In 1849 and 1853, he was elected judge of the Chris­ tian County Court, In I860, he was again elected to the Illinois House, and in 1862 he was elected to the Senate. In the 1863 session, he would be a leader of the arch-Danocratie faction most against Lincoln and the war.32

Thaddeus B. Vakeman

(Republican, Representative, 34th District)

m m m settled in the town of Aides, McHenry County, Illinois in 1839,

«Mft mas the first lawyer to reside these. He remained there until 1839, rhea he moved to Harvard, Illinois to c e n t u m the practice of law,33 48 Scott Wike

(Democrat, Representative, 24th District)

Vike was bo m in Headvilla, Pennsylvania on April 6, 1834, The iaaily moved to Quincy, Illinois in 1838, and in 1844 moved to Pike County, Wike vent to Lombard University in Galesburg and graduated in 1857. He then studied lav vith Judge 0, C. Skinner in Quincy, In 1858, he vas admitted to the bar, but he vas not satisfied vith his legal training, so he vent to

Harvard University Lav School and received a diploma in 1859, He returned to Illinois, opening an office in Pittsfield, His first political office vas his election to the legislature, in vhich he vould serve vith distinc­ tion,** 49

NOTES

l# Htyioylcftl Encyclopedia of Illinois and Hiitorv of Kant Countv. ed. John S. Wilcox, Munsell Publishing, Chicago, 1904, p.730.

2. Manuscript written by Loremo Brentano about him*all. (undated). Brentano Papers, Chicago Historical Society.

3. History of Madison County. Illinois. W. R. Brink and Co., Edwardsville, Illinois, 1882, p. 178.

4. Maty Redaond, Mr, Speaker! Presiding Officers of the Illinois House of Representatives, 1818-1980. Illinois State Library. 1980. o. 39,

3. History of Qreene and Jersey Counties, Illinois. Continental Historical Co.,Springfield, 1805, p. 667.

*• ^ Volume II. Century Publishing Co.,

7* tois Volume, American Bio*

S.

9. Alfred T. Andreas, History of Chicago. Volume II, Amo Press, N. Y., N. Y., 1975, p. 497.

1°. tttBiographical Dictionary, p. 327.

11* Ui S> Biographical Dictionary, p. 603.

ed, Menton Bateman, Mtiaaell

, Elmhurst Ristor*

lf« Andreas, P* 417 so 20. U. S. Biographical Dictionary, p, HO.

21. 0. S. Biographical Dictionary, p. 504.

22. Hon. H. H. Blodgett to Hon. I. N. Arnold, Daceaber 21. 1881, Blodgett Papere, Chicago Hiatorical Sociaty.

23. laaac N. Arnold, "Williaa B. Ogdon and Early Daya in Chicago," Faraua Hiatorical Bariaa »17. Fargua Printing Coapany, 1882, pp. 5-29.

24. Thaodoro Loo Agnaa, Jr., Tha Paaco Movoaont in Illlnoia. 18641 A H r Intorprotation. M. A. Thaaia, Univaraity of Illlnoia, Vrbana, 1938, p. 75.

25. U. S. Biographical Dictionary, p. 205.

26. U. S. Biographical Dictionary, pp. 602-3.

27. Encyclopedia of Bioaraohy of lllinoia. p. 233

a8‘ Historical Encyclopedia of Illlnoia. ad. Nawton Bataaan, Hlatory of Mjigyan C|yty, ad. Williaa Short. Munaell Publiahing Co., CMeago.

29. g, 8. Biographical Dictionary, p. 724.

30. Clara HUbart Haadlaa. Jadaa William Henry Undantood. lllinoia State Hiatorical Society, Publication Mo. 36, Springfield, 1930, p. 8.

31. U. 8. Biographical Dictionary, p. 260.

32. Hlatorlc «d. Newton latoaan, ISSXJIxj&niuIB. , ad. Henry L. Fawkes, Munaall Publiahing, cage, 1918, pp. 999-1001.

33. Histenr of McHangy County. Illlnela. Oanoalogical Sociaty of McHenry

34. |

* t> t • ■* CHAPTER III

Th* First Session! A Ties of Crisis Getting Started

As the Representatives and Senators arrived for the session, work was

begun on the most important duty of the General Assembly, the election of a

United States Senator, In this case the legislature had a unique opportuni­

ty* Stephen A* Douglas had died after the 22nd General Assembly had ad­

journed* The power to appoint a new Senator belonged to the Governor* The

appointed Senator would then serve until his appointment was confirmed or

denied by the next legislative session. Governor Yates had appointed Or­ ville H* Browning, a Republican who supported Lincoln, Since the election

of Senator was always a strictly partisan procedure, it was clear Browning would be replaced* The Democrats had several leading candidates going into

the party caucus. These were William A, Richardson, Samuel S. Marshall,

Harvey K. S* O'Melveny and W* C, Goudy* William Richardson was the front­ runner all along. General James Singleton, the most significant Democratic leader at the time, was running Richardson's campaign effort* Richardson commanded the broadest base of support because of his service in the U, S*

House of Representatives, Although he was from devastate, he had support from Chicago Democrats as well as those from Egypt* Chicago Democrats had in fact sent a petition with 800 signatures to the Chicago legislators ask­ ing them to support Richardson,1 This kind of unity was important because the Democrats did not want to squander their new power by fighting amongst themselves*

The session in the House of Representatives began at 3t00 P*a* on Janu- aty 5. 1863. Albert 0. Burr (D-Scott), the man mho opened thi session with his strike of the gavel, was confirmed as pro ten chairman* The first order

52 53

of business was the election of officers. The complete Democratic slate was elected:2

Samuel A. Buckmaster (Madison), Speaker John Q. Harmon (Alexander), Chief Clerk Z. S* Martin (Fultot), First Assistant Clerk C. Winslow (Hancock), Second Assistant Clerk John Heise (LaSalle), Engrossing Clerk Robert Kelly (?), First Assistant Engrossing Clerk Joseph Merritt (Marion), Second Assistant Engrossing Clerk Charles Walsh (Cook), Door Keeper John Ansted (Cass), First Assistant Door Keeper J* C. Davis (Scott), Second Assistant Door Keeper R, Wood (Coles), Postmaster

The selection of Sam Buckmaster (D-Madison) as Speaker of the House was extremely important. It signalled that moderate Democrats were in control.

The Illinois State Register praised his election saying.

The selection of Col, Buckmaster for speaker will be hailed by the entire democracy of the state as an earnest of accurate dispatch of legislation as well as a just tribute to a capable and trust­ worthy raspresentstive than whom none more aealous and efficient is to he found in the patriotic ranks.

The speech Buckmaster made upon taking the chair was indicative of the Demo­ cratic point of view. As stated previously, one of the key problems the

Democrats created for themselves throughout the session was dwelling on what was considered to be national level legislative concerns instead of local administration, which angered the Republicans, especially Governor Yates,

Buckmaster set this tone by stating emphatically that it was the legisla­ ture's "privilege" and "duty" to enter protests on "matters of purely na­ tional concern" against "the impolicy and imbecility which, after such long contained sacrifices on the part of the people" still leave the rebellion intact,* The Democrats stressed Lincoln's ineptitude ae much in the session as in the election campaign of 1B62, This theme thus appears often. 54

The Senate was called to order a bit earlier than the House by Presi­

dent of the Senate, Lieutenant Governor Francis A. Hoffman. At noon on Jan­

uary 5* 1863, his gavel had fallen convening a session at which all Senators

were present, except for William Ogden (R-Cook) and Alonso Mack (R-Kanka-

kee). The Senate immediately elected officers as well. The following Demo­

cratic slate was installed*^

Manning Mayfield (Massac), Secretary Kelson Abbott (McDonough), First Assistant Secretary William Rounsaville (Peoria), Second Assistant Secretary Louis Houck (St* Clair), Engrossing Clerk M, J. Murray (?), First Assistant Clerk James Low (Adams), Second Assistant Clerk D* J. Waggoner (Fulton), Sergeant-At-Arms J* M. Blades (Hamilton), Assistant Sergeant-At-Arms James Ward (Pike), Postmaster

The important point to recognise in the Senatorial officar elections is

that no northern Illinois man was chosen. The Senate did not attempt party

unity by appointing officers from around the state as the House had done*

Another key criticism against the Democrats would be their partiality to

Sgypt. This election did nothing to quell that criticism* The Senate and

the House adjourned following notification of each other's organisation*

The First Caucus

The main event on January 5th was the Democratic caucus meeting, which

would decide who would become Senator from the state of Illinois. William

Richardson spoke first at the meeting, laying the blame for the war upon the

Administration and Republican Party. In what must have been the most moder­

ate address that evening, Richardson apparently "was in favor of every con­

stitutional mamas of peacefully putting a stop" to the war** Interestingly,

Tribune separated Richardson's speech from the following

** -st 1 . ■ - ->..1 . . : 55 speeches by Merrick, Mars hell and Goudy. Merrick was for "a Western repub­ lic and for hanging all the Abolitionists, from Sumner down," Harwell amid the ^Administration's obstinacy was the sole cause of the ear** Goudy m m clearly the most radical, calling for a revolution "if Lincoln does mot down.1,7 It is evident that the Democrats were divided on how to cepe with the Confederacy and with Lincoln* Each Senate candidate exhibited different degrees of anger end frustration* Again, the point about reaction to a cri­ sis baceaes clearer. The Democrats had s wide selection of ideas under the basic idea of a peaceful and to the war to chneee from*

The last order of business at the meeting waa the report of a committee of various Democrats formed that evening to report resolution! on national concerns. The committee, composed of one member free eech Illinois Congres­ sional District plus three from the state et large, included the following

I. N. Morris (Adams) L. W. Ross (Pulton) John T. Lindsay (Peoria) S« D. Taylor (Leielle) Aaron ghtron (Cook) A. G* Harrington (Hearn) M. Y. Johnson (Jo Piviees) 8am luehmaatar (Madison) J. T. Stuirt (Sangamon) John Soholfield (Clark) 0. B* Picklin (Colas) M# JL Hacker (Union) M* M* faadmvisr (Christian) 8. *• Mwshsll (Hamilton) C. 1* U n p H o r (i H. ft* Gael field (Cook)1

The of « u lataraatin,. H m

mp of a U . aari tha Boat sadly eho roporting of

platfoaa fax tha 1«W«lBtl— th« Democratic legislators war* r.ost certainly present at the proceed

Mprevokative addreaa, yet in that tiaa of crieia 57 points wort Always viewed as provocative. Yates began the speech addressing

items like agriculture* population* railroads* industry* and other such

"state of the state11 reports. He then nade pleas for a Geological Survey

and a Normal College* two very such needed* but two very non-partisan insti­

tutions. His first real emphatic political pleas came on the currency is­

sue. He called for a uniform currency between the states. He called for

the State Treasury to collect taxes in specie and currency* since the United

States was widely using currency as a circulating medium.

He then switched gears* spending much time meticulously reviewing war­ time expenditures* and the condition of Illinois troops* It was not until halfway through the long message that Yates began to concern himself with

the more volatile wartime political issues. The first issue he addressed was the right of soldiers to vote. The Republicans had blamed their loss in the 1862 election on the constitutional provision which disenfranchised the troops* believing the soldiers were more Republican. He called for making a special provision for volunteers in the field. Said Yates* "The feet that a man is fighting to sustain his country's flag should not deprive him of the highest privilege of citisenship.The most controversial comments came in his analysis of Lincoln's policy of arbitrary arrest. A key point to notice in Yates' position on this issue is his belief in broad executive powers* which he believed to be important for the Commander-in-Chief of the

*eg*4*r army* as well as for the (kmoander-in-Qiief of the Illinois militia, namely himself. Another interesting revelation of Yates' character is made in this section of the speech. He seemed unable to grasp the consequences of u s i m unprecedented executive power. As Yates told the legislators* tHIlm 1 have net examined the question* in order to decide how far the President may go in making arrests in a state not dadasei to 58 b« under martial law, yet it would aoaa, that aa the delay for proclaiming Mrtial law could not in any caaa ha great, it ought to precede the aaerciae of thie power of arreat. Thia would aaae necessary, freu the fact that Military power hegina where the civil law faila to afford redreae, and the distinction where the one caesee and the other begins should bt, clearly defined. Indeed it would aeon that, in a tine of war, nartial law night be pro­ perly proclaiaad in every state where there was evidence that traitors and apies would openly or secretly give aid to the eneay, relying upon the chances of delay end appliances of ingenious counsel for escape under civil process. Surely there should be in every loyal state a deteraination that no traitor shall outrage the continent of the country, and set at defiance the constitution and laws of so good a goveraaent aa ours, by giving aid, either in word or dead to tha rebels who would overthrow it. (test certainly would an adninistration entitle itself to the condensation of tha country, and to the infany of history, which suffered treason to ■tal^ defiantly in our aidst, without rebuke and suaaary punish-

Given the fact that Governor Yates was quick to call any opponent of his policy aias a traitor, and the fact ha had called for troops to prevent re­ bellion in Illinois, it is evident he wanted to d e a r the way for aartial law in Illinois.

The speech continued with a long review of the perfotaance of Illinois troops in tha field. After that review, Yates turned to national issuas, aost specifically the Baancipation Proclamation, which was so controversial in the elections, and had foraad the basis of Deaocratic concerns at the first caucus. Yates said the Battle of rroderickaburg was unfortunate in its result but,

faith in ultiaata triuaph is stronger new than ever, because I believe that the adainistration has settled upon the true, the only policy under which it is p»s£b?e to achieve success. H a t policy consists, first, in a aore vigorous preMeution of the war — second, in the froclaaation of Baancipation.12

Ha aoncluded this arguaent with an equally strong statoaeat,

I aaintain, under all the eireuaataaees, the proclsaation was net only justifiable hut inevitable. And if in tine of war the gov- oraaant can trim the life of the unsay without the ordinary pro­ 59

cess of lew provided for by ths constitution, e fortiori* can it not deprive the enemy of his property end emeticipate nis sieves?

These ergumente by themselves were standard Republican positions, end cer­

tainly were expected by the Democrats. What Tates failed to address was the

concern the Democrats had about what would happen to all the freed blacks.

The Democrats feared quite legitimately that blacks would have free rein to

come to Illinois via the Mississippi and take jobs and status away from

whites, as well as causing racial conflict. In a faint attempt to quell

these fears, Yates proposed unsubstantiated plans which only made the Demo­

cratic argument more effective. First Yates tried to suggest the blacks

would all remain in the South. Then, he made the ridiculous assertion that

"the prospects for colonisation*1 of freed blacks in Liberia and South Amer­

ica is brighter than ever before.Yates, by 1863, must have been the

last political figure of any importance to believe this, if he was sincere.

Colonisation was, of course, an outdated dream held by old Whigs, which the

Democrats could not be expected to believe. Next, he contradicted himself,

and suggested slaves may come into Illinois.

During the war, there will be necessarily some suffering among so many slaves thrown out of employment, and many, perhaps large num­ bers of them, will seek a temporary refuge in the free states, and every man who has a human heart within him will treat them kind­ ly.13

This is a key point because it was against the law for blacks to immigrate

into Illinois, and Yates was obviously advocating disregard for the Black

Laws. This gesture, no matter how noble it seems today, was a slap in the

face to the Democrats, whose beliefs centered around a strict adherence to

the lew and Constitution. Thus, Yates did little to pacify Democratic con­

cerns.

...... ' ? : K 60

Finally, Yates concluded one of the longest messagee on record up until

that tine, with a call for national unity behind himself and President Lin­

coln* With patriotic calls aimed at the divided General Assembly, he hoped

he could tone down the opposition* Yates' hopes for unity would never ma­

terialise* Overall, however, Yates had effectively distinguished himself

apart from the Democratic opposition*

The usual tradition following the Governor's Message was to allow for

an official printing to be distributed around the state* In what was the

first of many parliamentary games played by both sides, the Democrats moved

to adjourn the House session before a motion could be made to print the mes­

sage* The motion carried and the session adjourned for the day on January

6th. The Senate met after the speech. On a motion by John Addams (R-Steph-

ensou), the Senate voted to print the message in 10,000 English copies and

5,000 German copies. The vote was 12 to 12, with James Rodgers (D-Clinton)

bucking his party and Willies Ogden (R-Cook) absent. Lt* Governor Hoffman

cast the tiebreaking vote in favor* Reconciling this issue with the House would be a problem*

Getting the message printed turned out to be a major hurdle for the

Republicans, On January 7th, Albert G. Burr (D-Scott) made a "respectful"

speech asking for 200 copies for the House.16 This would have been a break with tradition, since thousands of copies were usually made of the Gover­ nor's massage* Then, William W. O'Irian (D-Peoria), the moat anti-negro legislator, made a motion that the message, which he believed was too pro­ black in content, be referred to three American citiaens of African descent*

8em Buekmaster (D-Kadison) ruled this ridiculous waste of tips out of order*

This showed the disparity of intentions within the Democratic mijority* 61

O'Brian vac taking advantage oi the nav majority to Bake a mockery of the

proceedings, while Buckmaster, the serious parliamentarian, realised that

foolish motions like the one O'Brien made would erode the new respectability

the Democrats had gained by having such a aajority.

The issue of printing the message was deferred for a long time, but not

forgotten. A move was begun to privately finance a printing of the message

because Republicans were impressed by its content. The Chicle yplbipie sol­

icited contributions in its January 23* 1863 issue, hoping to raise enough

to print 100,000 copies of the address. Finally, on Tuesday, January 27th,

the House voted to print 5,000 copies of the message. This motion passed

unanimously after a bitter debate, which as one might have guessed, dealt

with broader issues unrelated to printing costs. The Senate concurred in

this bill.

The Currency Issue

As was mentioned earlier, before the Governor's Message, the House had

debated currency issues. The currency problem had been stressed by Governor

Yates in his message. The fact that the legislators saw fit to discuss

these problems as soon as possible in the new session demonstrated its or- gerncy. Indeed, it was the most pressing economic problem facing all the states. Before covering the legislative debate, however, it is essential to understand the issue at the national level. Originally, the Civil Her was expected to be short and the federal government refused to make the neces­ sary credit allowances to raise cash for an extended conflict. There was no central leak or means for the federal gevemeeat to regulate credit, this fia a lasting effect of Jacksonian hard money policies. Before the war the 62 banking business was conducted by 1600 state banks* each issuing various

kinds of currency. In July 18619 the federal government was running out of

money, and bond issues were not selling. Congress met in a special session

to find a way to finance the war* The Secretary of the Treasury9 Salmon P,

Chase, a man with no finance experience* suggested raising taxes to cover

expenses and interest on borrowing, Thus, more bonds could be issued*

Since only specie was legal tender, however, the government was soon hoard­ ing all available specie to pay off expenses and bonds. Finally, banks re­ fused to loan any more specie to the government, and Chase's hard money pol­ icy was doomed* With war expenses rising. Chase altered his policy* On

February 25* 1862. the Treasury issued notes, called greenbacks, which would be convertible to bonds, whose interest would be paid in specie* People did not convert the notes, however* because they needed the cash* Hie govern­ ment was gradually taking everyone's specie* By January 1863* the time of the legislative session in Illinois. Congress had authorised three issues of greenbacks totalling $450 million* The greenbacks were good for all feder­ al* public and private debts, and thus good for federal taxes* except cus­ toms duties.

The problem in all of this is that the people refused to believe in the strength of the paper money* Greenbacks had depreciated in value until it hit a bottom value* so that (1 in paper was being converted in the market** plaee for $.55 of gold* Thus* the conversion of greenbacks to bonds was by

1163 an extremely advantageous* if not necessary* move* Chase believed these discrepancies in value were hurting direct bond lor specie sales* since the bonds now had their value inextricably tied to the rapidly declin- 63

iog in value greenback*. In March 1863, Chaae would ba forced to cancel the

convertibility feature of the greenbacks.17

This now takes the issue back to January 6, 1863. As has been shown,

the people were without specie to pay taxes to the state of Illinois, since

only the federal governaent accepted greenbacks. Additionally, most people

did not trust the greenbacks. In order that greenbacks would gain accept­

ance, so that the people would exchange greenbacks for goods and services,

to avoid an economic slowdown and depression, the state had to do something.

Representative Burr introduced a bill which provided for the payaent of

state, county, aunicipal and special taxes in Treasury notes and postal cur­

rency. Using postal currency (ateaps) would also free up wore cash, and aueh infusion of money was needed. Burr's bill essentially put the state on par with the federal governaent by recognising greenbacks as legal tender.

As a demonstration of the urgency of this issue, a suspension of the rules was made to go directly to a third reading of the bill, since three readings were necessary for voting to begin on any iasue. Normal rules required readings to be on at least successive days. The debate on this issue, one of the hotteet of the session, was not a pertiaan debate, but a rtanant of old financial policy politics between hard aoney and soft aoney advocate*.

Upon introducing the bill. Burr got heated opposition froa old Jacksonian*, who refused to believe in anything except hard aoney. Jaaas H. Smith (B-

Unien) said United States Treasury notes were "conceived in iniquity and sin,"18 Otter Democrats indicated the notes would became as worthless as

Continental assay, or that they would not bo worth six bits per bushel in six Booths. The vote was finally taken and only four Daaecrats could bring thatwflvea to oppose the bill. T h e n were Melville fuller (D-Ceok), Janes 64

Smith, and two other Egyptians. In the Senate, a slightly modified bill passed unanimously.

There is a sidelight us to the importance of Chase's financial policy as it pertains to Illinois politics. Joseph Medill of the Chicago Tribune had drafted a letter to Congressman J. A. Gurley of Ohio on January 5, 1863.

Gurley was apparently going to make a speech against Chase's financial pol­ icy on the floor of the House of Representatives. Medill feared that a speech of that sort would anger taxpayers who needed the reflief greenbacks would provide. This would have only helped to encourage a revolt here in

Illirois, according to Medill, who had a paranoia similar to Governors Yates and Morton, Said Medill, *!fy advice would be not to make the speech. It will do no good and not be well received. We are threatened with a military insurrection in Illinois and Indiana on behalf of the rebels— the proclama­ tion being the pretext."1* Basically, this shows the perceived severity of the eeenemie problem by somei and the istpeitanee of relieving legislation like Burr's.

Sine* hli currency delete was separate ire* tie flow of iha balance of

debate* it is beet to look at it in light of this initial die- caiiisMu On 4 m eat* ?*h, the modified vatsiee of Burr' ; M i l was returned

It M m w w m * M i l him*, amly the dle-hifi Jacksoniaa hard money m m , James

M M M h U m m lk * * tbe bill became lap. m m m ? * January I$ m 0 the turn** amamet % l a x to a m m . m a d * * , m m m m m m mm* p r w i m

MRNt M l M u m m er ahawld asm pap amp m m m m m M e Traaaury. On

M M * IMh» a true peel barrel occat-d, m * # 0 * * * of the legislature

W m M M t pay for the entiae a m m m m m MO. Hcpevet. after all the m m about gremMmmla. m m m m m k — aeyeee M gmf i M e faith In them, they 65

drew their pay in gold* The Chicago Tribune had a field day, flaying, "This

is a striking illustration of the old Whig charge against the Democrats:

that the latter were in favor of gold for the officeholders and rags for the

people.1,20 It appears, however, the legislators did not all do this because

they felt tentative about greenbacks. Apparently, many legislators went out

into the street and turned their $80 in gold salary to $120 in greenbacks at

the going exchange rate. If one can believe the gall of the represented

tives, on Friday, January 16th, after securing their own pay from the Treas­

ury in gold, the Senate passed a bill authorising the State Treasurer to

sell all the specie left in the Treasury. According to the bill, all claims

against the State would be paid in United States Treasury notes, except the

interest on bonds that were payable in Great Britain. There was negative

reaction to this bill. The Chicago Tribune said, "The bill will create a

sensation in Wall Street, and also among the holders of our bonds for bank­

ing purposes."2* The Tribune justifiably feared a depreciation of bond val­ ues*

On Wednesday, January 28th, Melville Fuller (D-Cook) introduced a bill

to pay the interest on state bonds in specie.

On February 2nd, the Senate recommitted to the Judiciary Committee a bill to make all judgments recorded by the state payable in Treasury notes*

On February 10th. the Senate passed a bill to allow circulation of bills less than five dollars in denomination* All of these lesser bills on eurreicy matters show the ongoing struggle throughout the legislative ses­ sion to determine bom far to deviate from hard money stands to support

Chase's greenback policy* For a state dominated by many bard money faimers, conceding the need for greenbacks was not easy* The legislators fire like everybody else at that time* It wee not easy to decide how to adapt the

state economy to a crisis condition of war.

The Second Caucus

On January 6th, a day filled with a Governor's Message and lively de­ bate, perhaps the most exciting action occurred in the evening, at the open

Democratic westing. W, C. Goudy continued his series of Ultra-Democratic harangues, hoping to raise his Senatorial stock. In a rousing speech, he advocated marching an army to Washington and hurling the officers of the administration from their positions if Lincoln did not withdraw the Emanci­ pation Proclamation.22 The committee of the previous evening began work on comprehensive resolutions.

The 1S61 Proposed Constitutional Amendment

On January 7th, Melville Fuller (D-Cook) pulled somewhat of a surprise in the House. In 1861, the United States Congress had passed an amendment to the Constitution in a last ditch effort to reach a compromise with the

South. It was rejected by the Southern states and virtually forgotten by all, since the Illinois Constitutional Convention had illegally attempted to ratify it. Fuller, however, moved that Illinois ratify the proposed amend­ ment. Mew the amendment was as follows!

Whereas the people of the State of Illinois are devotedly and un­ changeably attached to the Union of the States, as established in the constitution of the United States, and have shown chit attach­ ment by a respect for that constitution and all laws passed in pursuance therefore, and by every sacrifice of blood and treasure depended of themi and whereas that Union cannot be preserved by mete force alone, but by restoring confidence between the people of tbe several atataa, through a faithful adherence on the part of 67

all in authority and tha people theaselves to said conatitution and lane, and by a cheerful purpose to aaend that constitution* whenever necessary to afford a guaranty to the people of each and all of the States that their rights and privileges heretofore en­ joyed shall be respected and enforced; and whereas two-thirds of both Houses of the Congress of the United States* in pursuance of the constitution of the United States* have deeaed it necessary Mid proper, by joint resolution* approved March 2* A.D* 1861* to propose the following aaendaent to said constitution, to-wit:

Article Kill

"No amendment shall be aade to the constitution, which will auth­ orise or give to Congress the power to abolish or interfere within any state with the doaestic institutions thereof* including that of persons held to labor or service by the laws of said State**

therefore*

Be it enacted by the People of the State of Illinois* repre­ sented in the General Asseably* that the foregoing aaendaent to the Constitution of the United States be Mid the sane is hereby ratified by the people of the State of Illinois and the Legisla­ ture thereof*23

Essentially, the imendaent would have prevented slavery froa expanding, but pretested it where it existed* This was a coaproaise whose tine had long passed, yet it shows how the Deeoerats did not understand the advanced state of the crisis of the nation* This constitutional aaendaent offered no aore hope for peace than a convention of the states* Yet* this notion got equivalent support, fuller's notion for a second reading failed* yet the bill regained active*

On Wednesday, January 14th* the Senate ratified the aaendaent* All of the Deeoerats and two Republicans, Henry Duaaer (R-Cass) and Joseph Peters

(R-Vernillion) voted in favor of ratification* On friday, February 14th* the House followed suit and Illinois had officially ratified this aaendaent to the United State Constitution* Money for Wounded Soldiers

In the battle of Murfreesboro. which hod occurred just before the etert of the session. many Illinois troops had been left eick or wounded. It woe the practice in the North during the Civil Wor for each state to care for its own wounded volunteers. In Illinois. Governor Yates had been contract­ ing steam ship companies and nodical personnel to see to the transport and care of the injured back to Illinois. This power was derived fron his role of Commands r-in-<&ief over Illinois troops. On June 7th. Alonso Mack (R~

Kankakee) proposed that $10#000 be appropriated for the care of the Mur­ freesboro casualties. The Democratic-controlled Senate, however, saw Yates as an untrustworthy aanager of such great amounts of money. The Democrats thus moved that three commissioners be appointed to oversee the distribution of the money instead of the Governor, Unsurprisingly, the three. Lewis D.

Irwin. Mi W. Anderson and Ssekial Boy den. were all Democrats. This amend­ ment. a clear infringement on what had become Yates' traditional power, was opposed by the Republicans] however, they did not have the votes to prevent it from being put in the bill. The Republicans now had to oppose the bill, but with William Ogden (R-Cook) absent, the Democrats prevailed 13 to 11. and the bill passed. The bill also passed the House and became law.

Interestingly, the eeaniasioners did an excellent job despite the Gov­ ernor's fears. They sold the money, which had been given to them in gold, for pgper. 3* thwy realised a large premium, cut down the overhead and actu­ ally distributed BOX of the money to the sick and wounded troops. Unfortun­ ately. this would not end the debate on how to deal with wounded soldiers. 69 A Move To Commemorate Andrew Jackson and the Victory at New Orleans

On Thursday. January 8. 1863. tha House. altar dealing with two anti­

war resolutions, which will ha dealt with later, moved to commemorate Andrew

Jackson's victory at New Orleans which had occurred on January 8. 1815*

Melville Fuller (D-Cook) introduced a resolution which was virtually an ex­

tract of Jackson's farewell address. Then Francis A. Eastman (R-Cook) in­

troduced a resolution in substitution for Fuller's. This resolution commem­

orated Jackson and Stephen A. Douglas. Eastman's motion to substitute his

resolution was a political ploy to embarrass his colleague from Chicago.

Eastman's resolution supported Lincoln's use of martial law because it ended

by quoting Douglas, who had made an address supporting Jackson's "resisting

the writ of habeas corpus issued by Judge Mall to rescue Lonallier from im­

prisonment. and promptly sending him beyond the American lines."2* The

Democrats could obviously not vote against a resolution honoring Jackson or

Douglas, but they most certainly could not vote for * resolution legitimis­

ing the suspension of the writ of habeas corpus. To avoid embarrassment,

the Democrats put the substitute bill on the table by a vote of 50 to 33.

The vote was then taken on Fuller's resolution, with nearly the entire House

voting in tha affirmative.

Eastman, in explaining his vote on Fuller's bill, still further

attempted to embarrass Fuller. Me said he was too good a Democrat to vote

against anything that Oaneral Jackson ever muttered, and therefore would

cheerfully vote for the resolution from his friend from Cook. Ae indicated

previously. Eastman was a Democrat before the war. and had supported Doug­ las* but heeded the unity calls of the Republicans once the war began. His comment® ahowed the high regard Jack®on and Douglaa both had in Illinoia

even anong Republican®•

Hit Senate, on tha aame note, after a abort aaaaion on the eighth,

agreed to adjourn in memory of General Jackaon.

The Third Caucua

The action for the Democrat® on January 8th waa again at the open meet­

ing, where the committee formed to make reaolutiona returned with a aeriea

of reaolutiona on the war. The extenaive reaolutiona will be dealt with

later, but for now it ia important to realise they were more extenaive and moderate than the onea introduced that day on the Houaa floor. The reaolu­

tiona aaked for a peace convention and condemned the emancipation and the

creation of Meet Virginia. Following adoption of the reaolutiona, H. K. 8.

O'Melveny addreaeed the meeting for an hour, reviewing the illegal pollciee

of the Lincoln administration, Three other Democrata— Lyle Dickey, Dick

Merrick, and 0. 1. Ficklin— alao apoke. O'Melveny'a apeech waa wall-re­ ceived and increaaed hi* chancea for being Senator.

Getting the Mamberahip in Orders Both Houaea Deal with Froteata Over Seete

One the of problem® any elected body face® ia deciding who belong® thare« In the Illinoia State Legialature of 1863 there were three formal protest® ever the election results. Although debate® on thaaa protaats war. scattarad throughout tha aarly days of tha aaaaion, this ia a good tiM to 71

Tha Senate: Pickstt v, Webstar

On Friday, January 9th, tha Sanata voted to auatain tha alaction re­

sults living Thomas J. Pickett (R-Rock Island) a victory over hia Democratic

challenger, a man named Webstar, Webstar had protested on the grounds that

Pickett, who held a militia command, was in violation of the state constitu­

tion by holding a legislative seat as well as his military post. According

to Article III, Section 7 of the constitution, no person vas to receive a

civil appointment from the Governor, while serving in the legislature. If

one had an appointment and then von a legislative seat, the votes for the legislature in favor of that individual were voided* The militia command vas deemed by the Senate not to be covered vithin the 1 aw, Jasper D* Ward

(R-Cook) and William H* Underwood (D-St, Clair) spoke in favor of Pickett*

Webster spoke on his own behalf* The vote, and the bipartisan speaking ef­ fort in support of Pickett, demonstrated these protests were not always re­ solved by tha majority party having freedom to seat its own* Rational and legal analysis prevailed in this case.

Sha Housei Buaey v. Col.g. B o n d v . oaae

On January 6th, Melville fuller had introduced notion, to content two election,, baaed on proteats fro* the declared loaera. Both involved aeated

Republicans, Williaa N. Color (R-Chaapaign) and Oaorge H. Gage (RrCook). On that day, a Special Connittea was formed to report on thoae contests. It waa aada up of Sla*on P. Shop* (D-fulton), Albert 0. Burr (D-gcott), Theo­ dore B. Rieka (D-Massac), Luther W. Lawrence (R-Boona) and John H. Newport

(l-Oruady).26

On Monday, January 12th, th* Committee reported back on tha Celer cas*.

Apparently, on a number of ballots, Buaey1s full name was not printed and 72

the Republican-controlled Elections Board had discounted those votes es not

being for Busey• The Special Committee decided that the 39 votes which had been narked for J. S, Busey were indeed for John S, Busey* and the new total gave him a majority.27 A minority conmittee report was submitted by New­ port, supporting Color. The majority report* however* written by Shope* supporting Busey* was accepted by a vote along party lines, Busey was then sworn in minutes before the election for Senator,

The Gage case* dealing with Fuller's own district in Cook County* took a little longer to decide. On Friday* January 16th* an attempt was made to give the report of the Special Committeet however* a motion to adjourn made after the motion to hear the report took precedence* and then carried. On

Saturday* January 17th* the Committee reported back in favor of Michael

Brand* Gage's Democratic challenger. The entire debate on the morning of

January 20th dealt with this ease. By a straight party vote of 43 to 29*

Brand was seated,

The Election of a Senator

After hearing all the candidates speak at the party caucus meetings* and after all the behind-the-scenes politics* by Friday evening* January

9th* the Democrats were ready to choose a Senate candidate. Again* it must be emphasised that this was the single most important task each representa­ tive would do* Many of the representatives were probably elected because they would support a certain individual. The method of nomination wee sin- pie, The meeting was closed to all* emcept the members of the legislature* lech Senator end Representative received one vote* and the winner would re­ ceive the nomination* The totals wares Richardson (34)* O'Melveay (10)* 73 Marshall (10), Goudy (7), Dickay (2). As tha Chicago Tribute rightly notad,

••This is a triumph ol tha conservatives."28 This was a good sign for Repub-

licans, who feared a more radical rasult, which thay thought could hava lad

to rebellion by Democratic supporters against Yates.

On the sane evening the Republicans held an open caucus for their sup­

porters, which was similar in content to their Daaocratle counterpart.

There ware rousing speeches, except that these ware all in favor of Governor

Yates. So, on tha 10th of January, tha Republicans ware ready to go through

tha notions of nominating a Senatorial candidate. By a unanimous vote, Gov­

ernor Yates was nominated as tha Republican candidate. To hype tha Senator­

ial election, and contrast tha Democrats and Republicans, the Republican

press began to produce the propaganda. The ffMffl|§|f TT*K,f11t Qn correspon­ dence dated January 10th, featured a headline exclaiming "Stats on the Brink

of Revolution1* followed by these ominous fords t

1 solemnly m e m the people of this state that they are on the brink of revolution. The secessionists are armed, prepared, end have their programme needy, while on the other hand loyal men are totally unprepared, They rely upon tho femoral Government, and whila doing ao mly upon a broken reed. Believe me when 1 tell you that old leading Democrat! regard the matter aa beyond their control,

On the evening of January 10th, concurrent with the Republican caucus, the Democrats held an open caucus, hut nothing major was dona,

Tha election of a Senator took place on Monday, January 12th, in a joint session. On January 10th, the houses had agreed to meet on the after­ noon of the 12th for this purpose. At 2i00 p.m. the House reassembled end welcomed the Senate into its chamber. The Speaker called for nominations.

Senator John T, Lindsay (D-Peoria) had the honor of nominating William A.

Richardson. Raprasentativa Elijah M. Haines (R-Laka) nominated Governor 74

Richard Yates. The joint assembly p roc at dad to vote. On tha part of tha

Sonata, Richardson racaivad 13 votes to 10 for Yates. On the part of tha

Kouae, Richardaon topped Yates SI to 26. Thus. tie Speaker declared Hon*

William A. Richardson the duly elected United States Senator to fill the vacancy occasioned by the death of Stephen A* Douglas and occupied by 0* H*

Browning* Then, the joint session adopted resolutions to form three confer* ence committee* to look into Issues of general interest* fie first commit- tee was to look into the prohlen of Congressional apportionment, since Illi­ nois had to redivide to make rose for the new seat, elected at large in

IMS* fie second committee had the task of examining negro immigration into

Illinois* and how hoot to pretest it* Finally, the third committee tes assigned to push for A canal to connact Lake Michigan with tha Miseiaiippi.

Tha joint aaaaiee then m § w n m *

Sanction to Rlcherdaca'* election nee positive* The lUJmtiiJUUSt

Reaister smohssiaed tie relstionchip of Richenimi to Stepian A. Douglss*

fie entire country will regard the naaea as a fit conjtarnation* In tin life of Doumlae they lore never separated in aentiment or lava of country, and in tha councils of tha nation they were £aimt champions for all that true patriots ate struggling for in this hour of terror,*•lie democracy of the country at large may rajoiea that in tha flection of Mr* Richardson thare is, in point of ear** oast patriotism and unfailing constancy, a restoration of tha sans representation in tha Sanata as was lost whan tha m a t Douglas diad.30

Tha Chicago tribune seamad surprised at the comeenrative mica, aid evaa toned down tha rhetoric for a day. Colonel iorraet wrote, m m saenlution- asy foaling has calmed down considsrsbly since tha election of Unitnd ftetes

Senator*"31 Tha election of Richardaon signalled that the Democrats wart not interested in radical moves, but in tha articulation of logitimato criticisms of tho way Lincoln and Yatee ware handling the ear effort* Th« Negro Immigration Issue Broke Momentary truce

Following the Senatorial election, the General Assembly began to deal with issues brought up by Governor Yates in his message, without the parlia- mentary maneuvers that had slowed previous actions. On Tuesday, January

13th, in the House, Lorenzo Brentano (R-Cook) offered a proposal to increase the pay of soldiers, musicians and non-commissioned officers in the army by fifty percent, This was in conformity with the proposal made by Governor

Yates in his message. By a party vote of 40 to 33 the Democrats sent this resolution to the Committee on Federal Relations, Elijah Haines (RrLaks) then proposed another one of the Governor's ideas, a resolution allowing soldiers to vote. The bill was also sent to committee by a 49 to 29 vote.

On January 14th the Senate spent the day debating docket fees for Supreme

Court litigants, A fee of six dollars passed in a vote. The ability of the legislature to settle down after the rousing caucus meetings and radical threats made by both sides encouraged those who feared the Democrats would attempt to sabotage the session. Although the parties differed in programs, business was flowing in an efficient and legal manner. Even Col. Forrest of the Chioamo Tribune was struck by this sudden change in mood, Wrote For* rest,

TO the storm succeeds the calm. The late vaporing and threaten- logs ire heard no more, The late excitement was evidently too siio&g to last. The truth is, however, the remonstrances of the people came in so thiek and tat t a t the radicals became alarmed} the leaders of the party went amongst them # d counseled modera­ tion, and finally succeeded in cooling down the ardor of the most crasy of the revolutionary factions. To-day everything is quiet, and unless something extraordinary happens, will probably remain so. Forrest's hopes were not realised, for on the following day, Thursday, Janu­

ary 15th, the House began debating the issue of negro immigration into Illi­

nois.

Negro issues were the issues that most divided the legislature, yet

negro immigration was one issue where Democrats probably had broader public

support. Yates, in his message, had been unable to sufficiently deal with

this problem. This was because most Illinoisans simply did not want blacks

in Illinois. Before discussing this issue, it must be remembered that

slavery and negro immigration were two very separate questions. Many people

believed slavery was morally wrong and could not be tolerated, but negro

immigration was as much an economic as a social issue. The Illinois economy

could not tolerate masses of blacks swarming across the border. Thus, peo-

pl«* especially the Democrats, wanted to devise a way to keep blacks out.

The negro immigration problem really began with the 1848 Constitution. Ar­

ticle XIV of that document specifies that!

The general assembly shall, at its first session under the amended constitution, pass such lews as will effectually prohibit free persons of color from immigrating to and settling in this state! end to effectually prevent the owners of slaves from bringing them into this state for the purpose of setting them free.33

The law eventually produced under this clause stated the illegality of bringing negroes into the state or of free negroes settling in Illinois, but there were slight penalties. The Illinois Black Law, as this was called, wss approved in February 18S3, but was rarely enforced and a few blech* man­ aged to find their way into the state. Anticipating a post-war run by blacks, however. Democrats in 1863 decided the Black Lev needed some bite if it was to be effective in keeping negro refugees from the South out of Illi­ nois. Although this seems ludicrous today* it mist be remembered Yates did 77

not want blacks in Illinois either. He had proposed colonisation lor blacks

in Africa and South America. Coopered to that idea, the Deoocratic notions

will not sees so absurd.

The bill proposed in the House made negro iaoigration a oisdeoesnor.

punishable by fine, and imprisonment end sale of the negro. It provided

that each offending black be given 39 lashes on the back* The Chicaao Trib-

ggf reacted with anger at what was perceived as barbaric punishment, virtu­

ally legalising slavery in Illinois * "a man who would advocate and vote for

such a bill in a free State is the worst dirt-eater that ever came into this world. The bill was not picked up for a while.

The Senate picked the bill up on Thursday. January 29th. Upon passing it to a third reading, the Senate voted to strike out a clause, which had been added, which fined and imprisoned citisens who gave sanctuary to illeg­ ally immigrating blacks. After a long debate, in which the Democrats at first supported the clause, the clause was dropped by a vote of 13 to 9.

Alonso Mack (R-Kankakee) had introduced the proposal to strike that portion of the bill, and Jasper Hard (R-Gook) had made the key speech in favor of

Mack's proposal. On Wednesday, February lith. the Mouse, by a vote of 4 8 to

2S. passed the negro immigration bill.

On the following d|f. January 30th, ike Senate had the final reading on the bill* Washington lushnell (R-La Sal la) lived that the bill be recommit­ ted to committee, effectively starting the process toward adoption all over again. The motion carried as James Rodgers (D-Qinton) voted with the Re­ publicans. creating a tie which wa* broken by it. Governor Hoffman* A reso­ lution was thereupon introduced by Rodgers, and adopted by the tomato, re­ ferring the whole subject to a committee of three, to be appointed If the 78

Speaker, Lt, Governor Hoffman appointed Rodgers, Willlea H. Green (D-Mas-

sac) and Jasper D. Ward (R-Cook) • The idea was to water down the bill to

please the Republicans. When the committee reported back on Thursday, Feb­

ruary 5th, however, the new bill was formed by the Democrats, who had not

even consulted Ward. The Lt. Governor refused to hear a notion to skip the

second and third readings to vote on the new bill, so only the first reading

was done on essentially a bill which was nuch like its predecessor.

An Attenpt to Liait the War Powers of Governor Yates

On Monday, January 19th, a proposal was aade in the House, which along

with the peace resolutions, would provide the climax of hostility at the end

of this session. In Illinois during the war, the governor was considered to

be Commsiider-in-Chief of the Illinois nilitia, with all the power that the

notion implies. Yates had fashioned himself as a local Lincoln, having the

same war powers over Illinois troops that Lincoln commanded in the regular

arsy. Yates had prided himself, as has been shown, on the fact that he had

successfully raised large numbers of volunteers in Illinois. Me prided him­

self on the success of Illinois troops in the field. But most iiport|ntiy,

Yates had started to believe in the nickname given to him by the Republican press— the "Soldiers* friend." The Ragtiblicam legislature in the find Ae- ssmbiy had given the Governor broad war powers. They had given him a con­ tingent war fund, mousy which he could spend any way he saw fit. As Com­ mander-in-Chief, he had the power of appointment to name all Illinois mili­ tia officers, a great patronage power. In essence, Yates enjoyed the power and responsibility be bad. He considered this ares of government to be his own area, and resented any interference by anyone from the outside. On the 79

nineteenth* in the House* Albert G. Burr (D-Scott) introduced a bill which

would take ell the military power away from the Governor* and place that

power in the hands of three coanissioners to be chosen by the General As­

sembly* The bill named as coanissioners San Casey* foraer Illinois Governor

Hood and Illinois State Register publisher Charles Lanphier. All of these

aen were Democrats, This bill* then* was a vote of no confidence on Tates*

handling of the Illinois war effort. It waa an infringement on Yates* power

and prestige* and it was because this bill went to the very heart of Yates*

pride that it became so important, Yates was so taken aback by this propo­

sal that he hastily drafted a note to Governor Horton of Indiana, In what

must have been a state of both paranoia and rage he wrote* **The legislature

here is a wild* rampant* revolutionary body— will attempt to legislate all

power out of my hands— what is best to be done in such as case?"^ Yates*

anger at this bill would be transferred to the legislature. Before discus­

sing the debate on this bill, two items should be noted. First* the Demo­

cratic proposal was mot outlandish. After all* the U. 8, Congress had

fesaed the Committee on the Conduct of the Her to check Lincoln* s war power.

Additionally* a legislative check on executive authority is part of our con­

stitutional system. Yates initially took this proposal as a personal attack

egaiiist hie* ashing the debate more emotional then it had to he# In reality the proposal was a legitimate means to change the war polities of Illineis* Since Yates was unwilling to listen to Democratic counsel* the Democrats had

to force themselves on Yates, The eecond point to rmaemhat* as in ell other

issues* is that this debate took piece over ti&a* climaxing with ngny other

issues* It will he discussed st this point because its introduction occurrod on January lith# pet it w m t be rsmeabered that the intensity of 80 this debate increased as other iaauea Bade the aeaaion sore tenae. Thus, one oust renember the peace resolutions and negro iBBigration billa were debated concurrently with thia bill.

Upon introduction of the bill. Burr moved to suspend the rules to refer

the bill to the Conmittee on the Judiciary. This aove would expedite the

passage of the bill. Elijah Haines (R-Leke) questioned the suspension say*

ing the House should examine the bill before sending it to Committee. This was a reasonable request, since the votes to send it to Committee were not

there. Burr said the bill should be sent to Committee as a "matter of cour­

tesy**^* Francis A. Eastman (R-Coek) then asked what courtesy was, since

this bill was clearly of a political, not local, nature. Burr asked Eastman

if ha considered this a political bill. Eastman answered yes, saying it was a political measure of the most radical and dangerous character, it was a blow aimed at the efficiency of the army furnished by Illinois, and it would

0'hdaug^fc r t b^r pcwkco of the state. Burr asked Eastman if ho would rebel if the bill became law. Eastman said no, but said Burr would be considered by tki Governor to bo in rebellion if the bill passed* He used as evidence

Article If, Section 12 of the constitution which readt

The governor shell nominate and, by and with the advice and con­ sent of the senate (a majority of all the senators concurring), m t l i t ill officers wheat offices are established by this consti­ tution, or uhleh may hi treated by lav, sad whose appointments are not ethesviee provided fori aid no such offienr shall he appointed or daetad by the general assembly.57

Burr said if the bill was in violation of the law the committee would change it* Eastman said Burr knew parliamentary law well enough to know once in committee it would he impossible to changs the bill* since the {democratic caucus had al ready decided to work for paasege* Eastman said ha himsalf had

•trained too lom$ im tho Democratic party mot to knew the force of a caucus 81 •diet.**® Burr said the Morals of the Democratic party had improved since

Eastman left it, Eastman said he had nothing in the bill nor anything since he became a member of the house to convince him that the Democrats had bet- ter morale* The name calling stopped here* Sensing a degeneration in de­ bate between their colleagues, Melville Fuller (D-Cook) and John Newport (R-

Grundy) picked up a serious debate and then called a vote* By a strict party vote, the Democrats failed to get the three-fourths majority necessary to suspend the rules, and thus the bill would have to survive House scrutiny on the floor* The personalising of issues in debate like the above was all too common, especially on these vital bills* Not only was it a poor method to use in arguing for or against legislation, but it was indicative of the lack of level-headedness prevailing in the General Assembly*

The Chicaao Tribune reacted as sngrily as Governor Yates in describing

Burr's bill* The Tribune called Burr's bill a "virtual trial and condemna­ tion of the Executive of the State without the attempt even at going through the form of an impeachment*"®® Once again, the issue was personalised*

While the Democrats wanted to check Yates' policymaking power, Yates assumed it was an attack on him as a person*

The debate on the Military Commissioners Bill, as the bill was called, bsgsn again the next day. The Ssmocrsts' attempt to get this hill pissed was the most flagrant abuse of legislative power in the session, and cer­ tainly was the key provocation for Yates' abuses of mgeeutive power later *

Zn response to the less on suspending ths rules the previous day, $tarles A*

Walker (D-Hacoupin) moved to abolish the rule that a three-fourths majority he necessary to suspend the rules* §y a strict party vote the rule was re­ pealed* this was an unorthodox blew to minority rigita in a legislative 12 body, but sore importantly, it meant the Republican* had loat a key parlia­ mentary power to hold up legislation.

When debate recommenced the following day, January 21st, Eastman

planned an ingenious way to expose the Democratic scheme to force through

the bill. After the daily prayer, a member on the Democratic side moved, as

usual, to dispense with the reading of the journal. Eastman said he was in

the House only for an hour the day before, and was then suffering severely

from neuralgia, and thus paid little attention to business. He was too sick

to be present in the afternoon. He asked that the journal be read for in­

formation, The Democratic majority voted down the request* Then Eastman

said,

I desire to raise a question on this journal. It appears from the official report in the papers this morning that a rule of this House was declared permanently dispensed with by the Speaker, when only a majority voted in the affirmative, Z move that the record of that p r o c e e d ^ , and all that part of the journal that follows, be stricken out,49

Burr moved to lay Eastman's motion on the table, Eastman jumped in as Burr

finished talking to say,

I have not yielded the floor, and of course the chair cannot en­ tertain the gentleman's motion, Z will read rule sixty-three, which has been adopted by this House. Zt is this! Rule S3. The thirty-first, thirty-ninth and forty-first rules shall not in any case be dispensed with! nor shall any other rule be dispensed with* unless by the concurrence of three-fourths el the members present. Am 1 to understand that this rule has beam decidml dis­ pensed with, permanently abolished, when only a majority and not three-fourths voted in the affirmative?

The Speaker replied, "Zt is the understanding of the Chair, that while it requires a three-fourths vote to suspend a rule, a majority can abolish a rule,"

Eastman said. 83 If that i« • ju»t deciaion thara ia no raliabla protaction to tba ainority— it will aabarraas and impede than. Tba notion will not bo to auapand a givan rulo for that requirea a thraa-fourtha vota. It will bo to aboliah, for, if tba Chair ia to ba auatainad, a majority only ia required ia that caaa. I daairo an axplicit daclaration froa tba Chair upon tfaia point.

San Bucknaator (D-Madiaon), tba Spaakor, rapliad. "Tba Chair ia atill of tba opinion that a aajority aay aboliab or aaand a rula of thia Houao."

Eaataan raapondod with a apaach about parliaaantaty rulaa and tboir utility aa righta to protoct tha minority. Saldon Church (R-Vinnabago) followed with ainilar raaarka. Burr raapondod but could not find a precedent to jua- tify the highly unuaual Democratic action. Kwwport and Hainea apoka to de­ fend Baataan. On Burr'a notion, Baatnan'a notion waa laid on the table, with a party vote, aeve one Danocrat who voted with tha ouManeuvered Repub­ lic ana.

On January 28th, atill without power to auapand tha rulaa, the Rapubli- cana watched aa tha Military Coaniaaionera Bill returned to the floor. De­ bate that afternoon waa intenae, with nany Republicana apeaking in oppoei- tion. Spaakara on tha Republican aide included Joaeph B. Underwood (R-St. aair), Luther H. Lawrence (R-Boona), Horatio C. Bure hard (ft-gtaphenaon) and francia Saataan. Tha main argunant of tha apaakara quaationed tha conatitu- tionality of tha naaaura. Thia tine, inataad of focuaing on tha auction daaliAg with gubernatorial appointment powara, they daalt with lection II, which daacribad tha governor•a Conaaader-in-Chiaf role ever the militia.

Burr apoka in favor, aaying the bill waa eonatitutional, but ha gave poor argunaata to aupport hia claim. gaaM an concluded tha debate, aaaerting tha bill waa forced through tha General Aaaanbly by brute force, and thua viola­ ted minority righta. Tha gag rule ended debate, and by atraight party vota, tha hill gaeaed tha M o w n 47 to 2d. The idea of cheeking tha power of Oow- 84 ernor Yates was not a bad idaa; however. the amateurish tactic a and ques- tionable constitutional methods used by the Democrats made this a hollow victory* Yates may have abused executive power in handling the war. but legislative abuses cannot be tolerated either in a democracy*

Without the power to slow passage of legislation by using the power to refuse rules suspensions, the Republicans responded on January 30th by using the only remaining parliamentary weapon, the power to deny a quorum* On the

30th Burchard introduced a resolution to restore the three-fourths rule*

Apparently, the issue had been discussed at a Republican caucus the previous evening and it was "resolved at that caucus to reinstate the minority of its rights, or immediately retire and leave the legislature without a quorum*

With this blunt threat, the resolution passed with bipartisan support* If the Republicans left, the Democrats could not pass the items on the balance of their agenda* So an unstable truce agreement was made between the two parties*

The Cook County Court Bill

Some of the items on every legislator's agenda included a number of local bills* Local bills are bills that are supposed to be passed automa­ tically as a courtesy to the sponsor, who represents tie *ffooted area* In lt63» however, the new power gained by the Democrats encouraged gome to teat the boundaries of where local power stopped and reel issues began. Melville fuller (D-Cook) did just such a thing in proposing a reorganisation of the

Cook County Court system* Zn his plan Democrats would gain the power of the judiciary at the expense of the Republicans. The bill wee originally intro­ duced on January 13 th. but not given a final reading* |y January 2Cth. when 85

fuller brought the laeue up again, it had become a hot political question in

Chicago, where such a naasive reorganization of the courts would cause a big change, fuller asked the House to suspend the rules so the bill could go

immediately to the Judiciary Committee. Opposition was raised by both par­

ties, whereupon Fuller became angry, demanding courtesy from the Cock County

Representatives. This was quite a pretentious comment. Amos Throop (R-

Cook) rebuked him saying courtesy could come from both sides. Albert Burr

(0-Scott) tried to help Fuller in stressing the importance of the bill and its necessity as a courtesy to fullSr. frgneis Eastman (R-Cook) reminded fuller he did net reprsseet all of Cast ftfMSty. Eastman wee apparently abrupt in his spameh, so its applsgfaed lap being unimmentionally rude, if that had been tbs case. Fuller apelegUed fe/r hevimg •bees a little hasty" in trying to get the bill pae*ed. A s bill was dropped for a time, and tha

Cook County dalagatae rsaaimmd i s w t i e u fs a«eh other. Oa fridsp, Fabruary

6th, the Court bill past ad tha MemdW t f a vote of 46 to it, along party lints.

Tha debate on revising the thdogfe A w n e r want the same way. with F«l- lar and Brand opposing everyone else. The Democratic revision of the Chi­ cago Charter paaaad both houses lata in tha sassioe.

Tha Weal end Trip To Chicago

ID tl»e Senate on Thursday, January liad, Hillisa B. Ogden (R-Coeh) finally took his aeat. Highly respected, he received a warm vsleegw from hath aidaa. The Republicans, who had leaked hid critical vote om impertent iseuas up until thia time, m a n tepacially glad to see his in Springfield.

Both hsuees adjourned early that dayi hapsver, to prepare for a trip to 86

Chicago, to tour the city on the invitation of several prominent citizens.

Before leaving the capitoi, the House dealt with two bills. Janes 1. Turner

(B-Gallatin) introduced a bill providing for two regiments of cavalry and

one of infantry for the protection of the southern borders of the state, it

provided for a Commissioner to organize then, to be appointed by the Govern­

or, It alao provided for the election of officer! including a Brigadier

General, all to be under the direction of the Governor. This bill is impor­

tant because it shows nore than anything else that tha Democrats ware not

oppoaad to the war if fort ■ H,r, ii , pucr of lsgxsletioo was ro

aarva vital security needs, aa perceived by a legislator who eurporttd tha

paaca resolutions. Thi« emphasises the point that the Democrat*: vara con­

cerned with war aias and policy, but certainly they did not want to impede

nilitary auccaaa or do anything to bring about military defeat. Tha aecond

bill in tha Houan waa a raaolution to appropriate $100,000 for a nonunant at

Chicago in nnaory of Stephen A. Dougina. Francis Eaetnen (R-Cook) aadc the

propoaal in ndvanc, of n trip which would ho largely concerned with ewlegie-

ing Douglaa.

Tha event, in Chicago began on feturdey, January 14th, with a M a t i n g

#t »ryan Hall open to all Democrats and boat*^. by tha Democratic legi ala-

tor a. Spaacbaa war* made If Albert 0. Iwrr (D-fcett). M l l i M H. 0m m <&-

Hfddac) and atbeta. Raaolutiona ware paaatd honoring Williaa Richardson,

thn naw Illinois Saaator, and Governor geymour of Nnw Tort, whose ^r»»ftgvre1

addreaa supported the views of Northern Daawcrete. Raaolutiona were alao paaatd supporting the raaolutiona paaatd at tha open Democratic caucus in

Springfield in early January. Aa the iiUllitmSIi&JSatSK ***"* i» its coManta on the aeoting. 87

They distinctly and emphatically in favor of as armistice and a national convantion to adjust our difficulties. It is not alona the democracy of the ecuth and center of the state who take this hold stand, hut the intrepid and invincible democracy of Chicago are firm in support of this policy, the eat, as a means of re­ storing the Union is a failure and the sooner peace is restored, the better it will he for both sections.**

The (Mease Tribune noted at the aeeting the applause given at tha mention

of General McClellan's name, clearly an indication of Praaidantial politics

to come.*^

After the meeting, Melv lie Fuller gave intereated aeabars of the leg­

islature a tour of Chicago and dinaar at hia home. After this the lagiaia-

tura want to Cottaga Grove to viait tha grava of Sanator Douglas. Tha cot-

taga near the grave where Douglaa once lived wee inhabited at that tima by

tha Volk family. Mrs. Volk was Douglas' niece. She showed the party relics

of Senator Douglas and gava a tour of tha grounds. Aftarwarda, a short man­

orial was held at tha grava. Albert Burr gave a short apaech in which ha

aspraaaad everyone's aantimenc: "Wt have as Americana boasted mournfully of

Ht. Varnon and Monticalio. Illinois has added another sacrad classical

Spot— Gar tags Grove— associated not in memory with Mt. Vernon and Monticel-

!©.##* Although this sounds yery sentimental, Burr was indeed sincere.

Douglas was the l*«de* of the Illinois Democratic party. In his time there

wag unity and direction. Since hip death the Daaiocrata had been divided,

end as this legiflature demonstratsa. they had little direction or political

Shill. The pfitoerata rtally longad for Bougies' leadership and yiaion, which was far greater than any preaant at tha gravaaite memorial could avar

hops to poasasa. It is really true that great men can ba noticed only in

light of tha mediocrity of thair contemporaries. Even tha leptiblicaas longed for a man with tha leedirehip of pouglas bacauaa Lincoln's effort up st

until this tiiM did not provide the inspiration that people looking retro-

spectively often find. Douglas had truly united a state in his lifetine.

He had the respect of political friend and foe alike. He was sorely Biased.

Upon returning to Springfield, in the Senate a bill was passed which

had been introduced by James Rodgers. to appropriate $25,000 for a monument

over Douglas1 grave. The unanimous passage occurred on January 30th.

Another Open Democratic Caucus

Often historians because of Lincoln's Emancipation Proclamation assume

the Republicans were the enlightened party of equality, and the Democrats

were the perennial bigots. A continuing thome in the report of this legis­

lative body is the diverse body of opinions and attitudes held by men in

both parties. To do this it is necessary to break down classical stereo­

types such as this. As has been shown, neither party really supported the

idea of blacks living in Illinois. The Republicans, however, had it in for

other ethnics, especially the predominantly Democratic Irish. Upon return­

ing from Chicago, the Democrats had an open meeting iu Springfield, just

like those earlier in the month, on Tuesday, January 27th. Representative

John W. Merritt (D-Marion) chaired the event. The description of the meet­

ing by Governor Yates' chief aide and Chicaao Tribune correspondent Colonel

Forrest is very interesting. Wrote Forrest,

During the proceedings, the Irish, who were scattered through the hell to do the applause, pounded the floor (as well as their limited acquaintance with the language would permit) at the appro­ priate places. A soldier in the gallery had th« temerity to cell for three cheers for Lincoln during the pro ,:dir^s. whereupon a stalwart Irishman was dispatched upstairs to drag him out, which was done with some assistance from one or two sympathising Copper­ heads. ** 89

The Penitentiary Appropriation

Ten»iona btgan to rise by January 31st. Altar tba dabata on tba mili- tary commissioner* and on tba Black Laws, naithar side really truatad tba motives ol tba other. Even simple tasks, like basic budgetary appropria­ tions, became minor political crises. On Saturday, January 31st, tba Senate passed a bill to construct a $300,000 penitentiary, Tba bill vas rusbad through. The hurry in which tba Democrats triad to pass the bill vas in­ stantly assumed by tba Republicans to be motivated by foul play. Whan the bill came up in the House tba same day, there vas a Republican concern that s.me of tba $300,000 had bean spent already without proper authority. Their concern increased when the Democrats moved for the appointment of three Pen­ itentiary Commissioners to be named by the legislature, who were to replace the commissioners previously named by the Governor, Needless to say, the proposed commissioners were all Democrats, This measure which created of­ ficers to be appointed by the legislature, had all the constitutional prob­ lems of the military commissioners bill. After the Republicans pointed this out to the Democrats, the bill was tabled by a vote of 32 to 30, The tab­ ling of this issue set back the whole appropriation bill, as it was returned to committee.

On Tuesday, February 3rd, the House passed the appropriation for the penitentiary without the commissioners bill. Host legislators were in agreement that a new penitentiary was too necessary a project to delay due to political squabbles. It took them a long time to figure that point out. 90

A Change in the Illinois Habeas Corpus Law

On February 4th* the Judiciary Committee of tht Houss reported back a

bill to amend the Illinois Revised Statutes section on habeas corpus rights*

Essentially* the bill made the lev enforcement officials responsible for

carrying out writs of habeas corpus, legally responsible for a failure to

executive the writ* Sheriffs and judges who failed to execute the writ

properly were to be guilty of misdemeanors* and people who were found to be

guilty of "obstructing or resisting theexecution of any writ of habeas cor­

pus" were to be fined up to $1000 and imprisoned for up to one year* the

penalty for a high misdemeanor*46 The debate on the bill divided along

party lines* Joseph B* Underwood (R-St. Clair) spoke for the Republicans.

Albert 6* Burr (D-Scott) spoke for the Democrats* The bill itself is not

unconstitutional* The Republican opposition obviously came from anger due

to overtones about Lincoln's policy. This was* however* not a resolution

which condemned Lincoln* but a change in law* The new law would make it

harder to suspend the right to the writ* and harder to deny the writ for

political reasons* As Yates indicated in his message at the start of the

session, he believed the Governor should have the right to deny writs in

eases of his own choosing* Based upon the comments of his chief aide and

CMcaao tribune correspondent Colonel Forrest* this was the Republican con­

cern with this particular law* As Forrest wrote* the habeas corpus bill

"supercedes the Governor as Commander-in-Chief * * * and [is] a great aid to

traitors*"47 This is smother example of a belief in the law as a tool* The

right to a writ of habeas corpus is fundamental* and any law upholding that

right should not be considered lightly* Governor Yates' opposition seems to be based on a reduction in his political power to arrest people arbitrarily* n Anyone who believes thet the power of arbitrary arrest ia so great and use­

ful, ia just the person that need a to be restrained by such a law. Defi­

nitely, this debate is indicative of Yates9 character, fiitb a leader ao

bent on exerting executive power, it ia no wonder Deaocrets were skeptical

of Yates9 faith in the legialative process, and no wonder they treated his

associates with ao little respect.

Another exaaple of the Governor9a disrespect for the legislature coxes

Iron a suggestion made by one of his trusted advisors and business partners,

David L, Phillips. Phillips wrote to Lyaan Truaball, Illinois9 Republican

U. S. Senator, on January 30th, and he sectioned an idea of a law which would sake all acts of the Illinois Legislature punishable by iaprison-

AD sent. There is no evidence to prove Yates also shared these views, but probably if such e law could be aade, Yates would have considered it.

The Railroad Coaaissioners Bill

One of the issues covered in the Governor9s Message was the regulation of the railroads. This issue was a aajor one, yet it was not divisive along party lines. The division on this bill was axong those who supported the growth of railroads against those who distrusted their actives, On February

4th, the Senate considered a bill to allow the Governor to appoint three

Railroad Coaaissioners, All the rail coapaaies would have to report all business transactions. Failure to do so, would result in fine or iaprison- aeat for the coapany9s officers. Thus, the Cc«ai«*loa would have broad regulatory powers. The Senators in opposition were aostly closely involved with the developaent or aanagcaent of railroads in Illinois. Speakers in opposition included Williaa B. Ogden (R-Cook), ffilliaa H. Green (D-Massac) 92 and William H. Underwood (D-St, Clair). Speakers in favor included tfashing-

ton Bushnell (R-La Salle) and Albert Union (R-Knox) • Governor Yates aup-

ported the bill, and with proponents Iron the Democratic party, the bill

passed 14 to 10.

In an unuaual nove, the following day, Alonso Hack (R~Kankakee) pro-

poled to reconsider the vote on the bill. Mason, Israel Blanchard (D-Jack-

aon) and Isaac Funk (R-McLean) spoke against reconsideration. William R*

Green (D-Massac) and John Lindsay (D-Peoria) spoke in favor. No vote was

taken on reconsideration, probably because it did not have the necessary

two-thirds to pass.

Faying for emancipation

In the afternoon of Thursday, February 5th, the Senate debated a re­

solution put forth by William H. Green (D-Massac) which protested paying out

any United States Treasury funds for the emancipation of slaves. Consider­

ing the emancipation proclamation to be unconstitutional, the resolution

invited the Illinois congressional delegation as well as the governors of

Kentucky, Missouri, Maryland and Delaware to join with Illinois in resisting by all legal means attempts by the U. S. Congress to pay for slave emancipa­

tion. This resolution was in response to legislation pending in Congress

offering compensation to slave owners for freeing slaves. Green made the main speech in favor, and Alonso Mack (R-Kankakee) made the key speech in opposition. In his speech. Green pointed out the uneonstitutionality of the proclamation of emancipation as well as the millions of dollars of debt and necessary tarnation which would be needed if a lav offering compensation were

,m m 4. Aa th. Itiff IftSlfttf •*id la »ith N«t«r

4 Green t *It will cent Illinois el one a million a year* for generations to

cone.*** The geg rule « u applied to this debate in the gonete when Israel

Blanchard (IhlacksoB) called the previous question* The resolution was

adopted because tin Democrats and tfilliaa B. Ogden (R-Ceok) voted in the

affirmative. The resolution immediately went over to the Mouse where the

Democrats pushed for quick passage. Through parliamentary maneuvers* how­

ever* which included a filibuster* Elijah M. Haines (R-Lake) staved off a vote on the resolution. By February 9th* however* the Democrats were able

to move previous question* thus imposing the gag rule* and the resolutions

passed.

The Resolutions from the Committee on Federal Relations

The climax of the 1863 Illinois State Legislative session occurred when the Committee on Federal Relations returned with resolutions on the national war effort. As has been shown* the national scene was the determining fac­ tor in the Democratic election victory. The victors in Illinois thought it necessary to go beyond making laws and passing resolutions dealing specific­ ally with Illinois issues. They wanted to do something which would have impact on the national level. They felt they had to do what they could to help ease the national crisis. The debate on these resolutions* however* is indicative of much more than a desire to make a statement. First* many resolutions were introduced before the Committee came up with one. The varying sophistication and radicalness of the ideas expressed in these reso­ lutions show the great disparity of ideas on how to end the war. It proves that each man had slightly different means to reach a common end. It proves certain problems were mere salient to some legislators than to others* 94

Second. the resolutions show itt the most concise way possible* the views

separating both parties* end the issues that figured Boat prominently in the

period# Finally* the resolutions themselves add color end insight into the

sen who wrote them.

The first resolution of importance was the one produced at the first

open Denocratic caucus on January 5th# This was hastily written by the pre­ viously discussed Committee on Resolutions# It discussed only one issue*

the recently enacted Emancipation Proclamation, dearly* this was the most important issue on the Democratic legislative platform# It was the only issue the Committee could agree on without detailed deliberations# The tone is strong and unequivocal# This resolution represented s key starting point for the Democrats# The resolution reads as followst

Resolved# That the emancipation proclamation of the President of the United States is as unwarrantable in military as in civil laws e gigantic usurpation* at once converting the war* profes­ sedly commenced by the administration for the vindication of the authority of the constitution into a crusade for the sudden* un­ conditional end violent liberation of three millions of negro slaves! a result which would not only be e total subversion of the Federal Union* but a revolution in the social, organisation of the Southern States* the immediate and remote* the present and far- reaching consequences of which to both races cannot be contempla­ ted without the most dismal forebodings of horror and dismay* The proclamation invites servile insurrection as an element in this emancipation crusade— a means of warfare* the inhumanity and dia­ bolism of which are without emample in civilised warfare* and which we denounce* end which the civilised world will denounce* as an ineffaceable disgrace to the American name*"

On January Sth* in the House* two anti-administration resolutions were introduced# Elias Wenger (D-Tasewell) introduced a short but to the point resolution suggesting that s National Convention be held between the North end South* so difficulties could be settled peaceably# This was the first of the so-called peace resolutions* given that name because it favored an end to the war before the South was wholly defeated* Democrats wanted to see the Union restored* Thsy figured negotiation was better than bloodshad.

No ont van tad to racognisa a Southam Confederacy. Wharaas tha Republican* had nada negro issues part oi tha war sin of tha North* however, tha Dene- crate vara villing to conprcuise on these issues if tha Union could be re­ stored. That is vhy tha Lenocrats hated tha Enancipation Proelanation so such* It would aake negotiation harder, and continuation of tha war no re likely* Since President Lincoln had made the Proelaaation without popular consent, tha Desecrate saw this as a political betrayal* Also, hitting on this notion vas the resolution introduced iaaediataly after Wenger's, by

Willies W* O'Brien (D-Peoria), tha aost anti-Lincoln Deaocrat in the House*

His resolution vas strongly worded, holding nothing back* Whereas Wenger had criticised the futility of the war, O'Brien siaply criticised Lincoln for creating his own var aias. In other words, Wenger played on eaotional appeal but O'Brien used legally based arguaents to basically advocate the saaa thing* This is not a subtle distinction, which is apparent in both the resolutions, which are as followsi

That the var vas coaaanced with the sole object of restoring the Union that the President declared in his inaugural address, that he had no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists t that he believed had had no power to do so, and no intention to do soi that the President in his first annual esssage reiterated the lan­ guage of his inaugural! that He* H. Seward declared the object of the war in a letter to Minister Dayton to be not to disturb the eyetan of slavery as it exists under the Constitution! that the Crittenden resolution, passed alaost unaninoualy by the Bouse of Representatives on the 22nd of July, 1S61, declared that the var w a s not waged for conquest or subjugation nor for the purpose of overthrowing or interfering with the rights or established insti­ tutions of those States, but to defend and naintain the sitpreuacy of the Constitution and preserve the Union with all the dignity, equality, and rights of the several States uninjured, and that as soon as these objects are acconplished the var should ceasei that the eltiseas of the United States were induced to enlist in the assy of the United States by these clear and distinct declarations of the policy of the Adninistration, in order that they night ac- complish the great purpose Btt forth, of defending and maintaining tha Union and tha Constitutions That on tha 22nd of September, 1862, the Praaidant iaauad a proclamation, declaring hie intention to issue another proclanation on tha lat of January, 1863, setting fret all slaves of tha South, and that on the 1st of January, 1863* such proclamation was issued) that by those proclamations tha mar is declared to be a war, not to maintain tha Constitution and restore the Union, hut a war to abolish slavery i that said proclamations are clearly beyond the legitimate and conditional purposes of the Executive, will prevent the restoration of the Union and dishonor tha national flag by making it a protection to the servile insurrection which said proclamations are calculated to excitet therefore, Resolved, That the Administration has broke its faith, viola- tad its repaated pledges, deceived the people, betrayed the army, and almost succeeded in making the restoration of the Union a hopeless impossibility. Resolved, That the proclamation of Abraham Lincoln, of Sep­ tember 22, 1862, and of January 1, 1863, proposing to give freedom tc the slaves of the Southern States, on said 1st day of January, 1863, are alike unconstitutional, contrary to the rule of civil­ ised warfare, calculated to bring shame, disgrace, and eternal infany upon the hitherto unsullied flag of the Republic, and that Illinois, ever ready and willing to do battle for the Union and the Constitution, will protest against any war which has for its object the execution and enforcement of said proclamation,

Mr, Wenger offered the following!

WHEREAS, The general government of the United States has been engaged for nearly two years in an unsuccessful attempt to sup­ press the Southern rebellion, and WHEREAS, our brave soldiers to the amount of nearly half a million, have lost their lives, either upon the field of battle, or by sickness incident to camp life, and WHEREAS our country is becoming almost a nation of widows and orphans, who, if the President's Mancipation Proclamation be car­ ried into effect, will become a prey to the lust of freed negroes who will overrun our country. And WHEREAS, it is the duty as well as the policy of an in­ telligent people, after one expedient to restore the Union has failed to try Mother, therefore Resolved, By the people of the State of Illinois through our representatives, that we are in favor of an immediate suspension of hostilities and commend the bolding * of a National Convention for an amicable settlement of our difficulties,32

On January 8th, the House sent both resolutions to the Committee federal Relations, which would hold them. Alio in the evening of the eighth, the Democratic caucua Resolutions

Coamittee returned with a full complement of complaints. Although there is no copy of the ten resolution* the Chica&o Tribune vaa the only aource to daacribe them in detail. They are clearly the Democratic platform and agenda for the aeaaion. The extent of the resolutions ahowa sore complete thought than the reeolutiona introduced into the Houae. They are self-ex­ planatory* and deacribed aa follows

The reeolutiona of the Democratic meeting ere. in effect* aa follows! First— Declare unchangeable devotion to the Union and our free inatitutiona, and holda it the duty of all to maintain them by all Constitutional means* and that wronga ahould be redreaaed aa far aa poaaible in peaceable meana. Second— That the administration* in suspending the writ of habeas corpus in arresting private citisens and incarcerating them in bastiles* issuing the proclamation of emancipation* and in other instances usurping power* violating the Constitution* in­ fringing upon State sovereignty and disregarding the popular wish. Its pervert ion of the war into a war of abolition* deserves our unqualified reprobation* and justly entitles it to the condemna­ tion of all true lovers of conatitutional liberty and States • rights. Third— Declare the law admitting Western Virginia into the Union an independent act of revolution* involving a plain breach of the Constitution. Fourth— Repudiates the heresy of secession aa unwarranted by the Constitution. Fifth— That peace* fraternal relations* and political fellow­ ship should be restored among the people of the State! that the best interests of all* the welfare of mankind* demand this should be done in the speediest and most effective manner! that we hold our Federal organisation should do justice to all and injustice to none! that State sovereignty and national union is the only true safeguard of freedom* and we ourselves to uphold both as our hope in peace and our defense in wtr. Sixth— Sojoins upon all the duty of obeying the laws and the Constitution* Seventh— Favors a National Convention of all the States at Louisville* Ny.* at the earliest practicable period* to adjust our national difficulties* tighth— Recommends that the Legislature now ia session ap­ point Commissioners to said National Convention* and invite other States to do so* Ninth— That we earnestly recommend a cessation of hostilities for such period as may he necessary to allow the people of the Worth wail South to express, through a notional convention, thair wish lor paaca and a maintenance of tha Union as it vt« undar the constitution as it is. Tenth— That the Legislature has no power to tax tha paopla of Illinois to pap for tha negroes of tha South*53

Tha National Convantion in Louisvilla is a coneapt that needs discus­

sion. Plans vara in tha works, mostly by border state Copperheads, to meat

at as neutral a location as possible to discuss war issues. This meeting

between Union and Confederate delegates from each state was supposed to and

tha war. Thus, it was often called the Peace Convention. The idea that

discussion could end the war, that compromise could solve the crisis, is not

so radical. Historians sometimes believe the Civil War was inevitable, that

nothing short of total war could have solved the national crisis. The Demo­

crats never believed that. Lincoln and the Republicans insisted that war was necessary. Tha problem with tin Democratic position to have a convan­ tion is not in its radicalness. It is that the war was two years old, and discussion was an option that had probably long passed. It will never be known, however, if that is tlie case. The convention was ultimately never held, and continued war was accepted as the only solution. In the Senate on

January 21st, Horatio Vandeveer (D-Christian) introduced a resolution, al­ legedly drawn up by W. C. Goudy the previous night and approved by the Demo­ cratic caucus, that expressed very logically the utility of negotiation as a policy over war. This resolution, which follows, was evidently moderate enough to be accepted by most Democratsi

WHKH2AS, Our common country has been desolated and disgraced by an unnatural and unnecessary civil war, now prolonged nearly two yearsi And VHXXBAf, No means has been offered the people by the fed­ eral Administration, save that of war, to enable them to adjust and settle tbe difficulties into which the radical and conflicting sentiments of extreme sections have involved the whole country! 99

And WHEREAS, The people of the loyel States have acquiesced in rather than approved of the coercion policy of the Federal Ad* ministration as a means of restoring the Union of these States} And WHEREAS, The war has already crippled and impoverished the Government, weighed down the people with an onerous public debt, filled tha land with widows and orphans, and brought mourn* ing into every neighborhood, withou having produced any visible signs of a restoration of the Union; And WHEREAS, The Union of these States was brought about by mutual concession and compromise, and can neither be restored nor maintained without the mutual concession and compromise in which it was conceived} therefore, be it Resolved, By the Senate, the House of Representatives concur­ ring herein, that the Congresc of the United States be, and the ss*e is hereby memorialised by the people of the State of Illi­ nois, represented in the General Assembly by proper means and un­ der feir and reasonable stipulations, to obtain and procure an armistice and cessation of hostilities mow existing between dif­ ferent sections of out common country, ami that a national conven­ tion of all the Itatee be assembled at the eity of Louisville for the purpose of considering our motional difficulties and adjusting the dime. Rnonfoad. fiat the Governor of this State be requested to ttfomtiM't I copy of the fe*esei»§ preamble end resolution to each of the Senators end Representatives in Congress Iran the State,54

After Vifideveer** resolution was sent to Committee, Will ism Underwood

(D-8t« Clair) introduced a aimilar resolution, but with one hey difference.

He wanted • Constitutional Convention instead of a meeting in Louieville,

This reeolution,if anything, is indicativa of Underwood's character, A grant liipnr end beliaver in tha legal system, Underwood fait it proper that such weighty quest Iona ha dtait with in a mere proper forum* The problem with this is that the document to Which Underwood appealed was no longer recognised by the Confederacy, He mast cartcinly mas two years too lets in his propeatl. yet one must Admire M e almost semantic vision of tha American people^* reepact for t|| higheat legal deouftintt But, tha crisis had grown to preportlpA far greater then conventional lag*! imams ability to *oiva it. m raaolutioa mid as foUawai «» W W f «*» ***•• «•*«»« , • ficeo one treasure, M l Stir i MIf S«i 100

threw off their allegiance to the government of Great Britain* and in a spirit of concession and compromise* and after the most mature reflection* established our national government with the powers conferred by the Constitution of the United States under which ours had become the most free* enlightened* prosperous and powerful nation on earth* enjoying the confidence of our people and the respect of all nations. AND WHEREAS* Ambition* fanaticism* and a disloyal infidelity to constitutional obligations have embroiled us in a deplorable civil war* by which large debts have been incurred; the public morale have been debauched; untold afflictions brought upon fami­ lies; many portions of our common country made desolate; more than 200*000 of the vigorous young men of the land destroyed; the most intense and malignant passions aroused; the contempt of other na­ tions brought upon us; and the liberties of our citisens and na­ tional existence imperiled; AND WHEREAS* The perpetuity of our national Union and Consti­ tution are indispensable to our peace* happiness* prosperity* highest progress and national glory; and it is our solemn duty to exert every effort to avoid the perils that threaten our national deatruetion; AND WHEREAS* The Constitution of the United States provides that Gongress* on the application of the Legislatures of two- thirds of the several States* shall call a convention for prepar­ ing amendments to the Constitution of the United States* and by this means a peaceable and constitutional remedy is afforded to the people of the United States to adjust all their national grievances* and establish our national Union on a satisfactory and permanent basis; it is* therefore* Resolved. By the General Assembly of the State of Illinois* that the Congress of the United States is hereby solicited* when­ ever the Legislatures of two-thirds of the several States concur in this request* to call a convention as provided in the Constitu­ tion of the United States* to propose amendments to said constitu­ tion. And we earnestly implore the Legislatures of the several States to act with us in this effort to save the liberty* lives and property of the citisens of the United States; and the best government ever invented by man from the abyss in which all kindred governments have perished.55

The reaction of the Chicago Tribune to the Democratic resolutions was

interesting. Most specifically* their reference to Stephen A* Douglas*

shows universal admiration for him* and how use of the great Democrat could embarrass his old party* First* the paper reported that the majority of

Dimoofits supported the sentiment in Vandeveer's resolution. Then it went oa, saying* 101

Now, it is plain to any candid raadar that auch sentiments condemn tha coercion policy of the Administration in totalf condemn Doug­ las and all those Democrats who pledged themselves to the princi­ ples laid down in his last great speech at Chicago! condemn every nan, Democrat or Republican, who was in any way engaged in the war, or gave it any kind of countenance and support. In fact the resolutions are not only treason to the country, biyL treason to the pact action of the Democratic party in the North. 6

Douglas had, of course, said in this war that there were only patriots and traitors. Of course, the Democrats were not traitors.

The legislature was not the only group passing peace resolutions. Most county Democratic organisations were passing them as well. The following resolution by the Democrats of Hancock County is especially interesting for its strongly worded clauses, whose bluntness was not impeded by legislative courtesy. Senator Bryant Schofield (D-Hancock) also had an input into these, so it gives insight into his ideas. Passed on January 24th in Car­ thage, the resolution reads as follows!

Dr. 6. W. Hall submitted the following resolutions, which were read and adopted unanimously!

tiHSRSAS, a terrible and unnatural civil war has been raging in our country for nearly two years, and the present administra­ tion have shown themselves to be imbecile, corrupt and tyrannical, and wholly incompetent to manage the affairs of the country in so terrible a crisis, and WHXRIAS, this administration only succeeded to power by a minority vote, and never have been the representatives of a major­ ity of the citiaens of our country, but have, on the contrary, been the representatives and tools of a factious and fanatical minority, and WHSRSA8, we have arrived at a period in the history of this unnecessary war where the people should speak out and declare their views, therefore Resolved. That we are unchangeably opposed to the further prosecution of this war, under the emancipation proclamation, be- lieving that as the war is at present waged disaster can only at- tend its further prosecution* Resolved. That we are in favor of an armistice until a con­ vention of all the states can settle matters in the dispute, and that we hereby call upon our legislature to appoint delegates to confer with and urge this upon the president. Resolved. That as our Union was formed by paacaful means. now that it ia ruptured. wa baliava that war can navar raatora its and that compromise and conciliation ara tha only weapons that can ba aucctaaful. Resolved. That we will not again submit to illagal arraatas that the writ of habeas cornua must ba restored. tha righta of tha citiaana respected.and civil not martial law ba supreme in thia country. Raaolvad. That raaiatanca to oppression ia a duty to our country. and that if tha administration persists in traapling upon tha constitution. and violating tha aoat sacred righta of tha ci- tisen. and again have recourse to illagal arraata of our peoples than, believing it our duty to aupport tha conatitution even againat tha adainiatration. wa will raaiat auch unconstitutional acts; and. while wa deprecate violence, still our constitutional rights auat and shall ba aaintainad at any and all hasards. Raaolvad. That wa will not ba taxed to pay for tha liberation of negro slaves, and will not subnit to their being brought into our state contrary to law. 7

B. T. Schofield than spoke for two hours in aupport of tha resolutions.

On February 4th. tha House Committee on Federal Relations returned resolutions baaed on a loose Democratic consensus, combining tha previously submitted resolutions. The following resolutions are extremely detailed, outlining what amounts to the Democratic platform. Tha arguments againat arbitrary arrest, the emancipation, and Lincoln's abuses of power ara ex­ tremely strong, while the Louisville Convention is strongly supported. The resolutions were introduced by Scott Hike (D-Pike), and made special order of the day on February 6th. Since the Republican members of the Committee did not support these resolutions, these were deemed the majority report.

The report of the majority was in these wordst

"NHIRSAS. The Union has no existence separate from the Fed­ eral Constitution, but. being created solely by that instrument, it can only exist by virtue thereof! and when the provisions of that Conatitution are suspended, either in time of war or in peace, whether by the Worth or the South, it is alike disunion! and "WHSRSAS. Tha Federal Lovarnment can lawfully exercise no power that is not conferred upon it % the Federal Constitution, tha exercise, therefore, of other powers, not granted by that in­ strument. in time of war. as well as in time of peace, is a viola­ tion of the written will of the American people, destructive of their plan of government, and of their common libertiesi and "WHEREAS, The Constitution cannot be maintainedB nor the Union preserved, in opposition to public feeling, by a mere exer­ cise of the coercive powers confided to the General Government, and that, in case of differences and conflicts between the States and the Federal Government, too powerful for adjustment by the civil departments of the Government, the appear is not to the sword, by the State, or by the General Government, but to the peo­ ple, peacefully assembled by their Representatives in conventions and "WHEREAS, The allegiance of the citisen is due alone to the Constitution and laws made in pursuance thereof— not to any man, or officer, or administration— and whatever support is due to any officer of this Government, is due alone by virtue of the Consti­ tution and lawss and "WHEREAS, AL80, The condition of the whole Republic, but more especially the preservation of the liberties of the people of Il­ linois, imperatively demands that we, their representatives, should make known to our fellow countrymen our deliberate judgment and wills "WE THEREFORE DECLARE, That the acts of the Federal Adminis­ tration in suspending the writ of habeas corpus> the arrest of citlsens not subject to military law, without warrant and without authority— transporting them to distant States, incarcerating them in political prisons, without charge or accusation— denying them the right of trial by jury, witnesses in their favor, or counsel for their defenses withholding from them all knowledge of their accusers, and the cause of their arrest— answering their petitions for redress by repeated injury and insult— prescribing, in many cases, as a condition of their release, test oaths, arbitrary and illegals in the abridgment of freedom of speech, and of the press, by imprisoning the citisen for expressing his sentiments, by sup­ pressing newspapers by military force, and establishing a censor­ ship over others, wholly incompatible with freedom of thought and expression of opinion, and the establishment of a system of es­ pionage by a secret police, to invade the sacred privaoy of unsus­ pecting citisens; declaring martial law over States not in rebel­ lion, and where the courts are open and unobstructed for the pun­ ishment of crimes in declaring the slaves of loyal, as well as disloyal citlsens, in certain States and parts of States, frees the attempted enforcement of the pro­ posed taxation of the laboring white man to purchase the freedom and secure the elevation of the negros the transportation of ne­ groes into the State of Illinois, in defiance of the repeatedly expressed will of the peoples the arrest s»d imprisonment of the Representatives of a free and •overeign States the dismemberment of the State of Virginia, erecting within her boundaries a new State, without the consent of her Legislature, are each and all arbitrary and unconstitutional, § usurpation of the legislative functions, a suspension of tim judicial departments of the State and Federal Governments, subverting the Constitution— State and Federal— inva-iint the reserved right* of the people, and the sov­ ereignty of the States, and, if sanctioned, destructive of the Union— establishing upon the connon ruins of the liberties of the people and the sovereignty of the States a consolidated nilitary despotisn. "And ve hereby solennly declare that no Aaerican citisen can, without the criae of infidelity to his country1s Constitutions, and the allegiance which he bears to each, sanction such usurpa­ tions • "Believing that our silence would be criainal, and nay be construed into consent, in deep reverence for our Constitution, which has been ruthlessly violated, we do hereby enter our aost solemn protest against these usurpations of power, and place the sane before the world, intending thereby to warn our public ser­ vants against further usurpations! therefore, Resolved by the House of Representatives. the Senate concur­ ring herein* That the a m y was organised, confiding in tfce declar- ation of the President, in his inaugural address, to-wits "That he had no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it existed, and that he believed he had no lawful right to do so, and that he had no in­ clination to do sot" and upon the declaration of the federal Con­ gress, to-wits "That this war is not waged in any spirit of op­ pression or subjugation, or any purpose of overthrowing any of the institutions of any of the Stated!" and that. Inasmuch as the whole policy of the Administration, since the organisation of the army, has been at war with the declarations aforesaid, culminating in the emancipation proclamation, leaving the facts patent, that the war has been diverted from its first avowed object to that of subjugation and the abolition of slavery, a fraud, both legal and moral, has been perpetrated upon the brave sons of Illinois, who have so nobly gone forth to battle for the Constitution and the laws. And, while we protest against the continuance of this gross fraud upon our citisen soldiers, we thank them for thatheroic conduct on the battlefields that shed imperishable gloryon the State of Illinois. "Resolved. That we believe the further prosecution of the present war can not result in the restoration of the Unionand the preservation of the Constitution, as our fathers made it, unless the President's Inancipation Proclamation be withdrawn, "Resolved. That while we condemn and denounce the flagrant and monstrous usurpations of the Administration, and encroachments of Abolitionism, we equally condemn and denounce the ruinous her­ esy of secession, as unwarranted by the Constitution, and destruc­ tive alike of the security and perpetuity of our Government, and the peace end liberty of the peoples and fearing, as ve do, that it is the intention of the present Congress and Administration, at no distant day, to acknowledge the independence of the Southern Confederacy, and thereby sewer the Union, we hereby solemnly de­ clare that we are unalterably opposed to any such severance of the Union, and that we newer can consent that the greet northwest shell be separated from the Southern States, comprising the Nis- 105

sissippi Valley* That rivar shall ntvar water tha soil of tvo nations* but* from its sourcs to its eonfluanca with tha gulf* shall balong to ona graat and united people* "Resolved. That paaca* frataxmal relations and political fel­ lowship should ba rastorad aaong tha Statas* that tha bast inter* asts of all* and tha valfara of Mankind* require that this should ba dona in tha most spaady and affactiva nannari that it is to tha paopla va Must look for a rastoration of tha Union* and tha bless* ings of paaca* and to thasa ands va should direct our aarnast and honaat efforts; and hanca va ara in favor of tha assanbling of a National Convantion of all tha Stataa* to so adjust our National difficulties that tha Statas May haraaftar liva together in har- Mony* each being secured in tha rights guaranteed to all by our fathers| and which Convantion va recoMMand shall convene at Louis­ ville, Kentucky* or such other place as shall ba determined upon by Congress or tha several States, at tha earliest practicable period, »R*,plv*4. futthtr. th.r.ior.. That to attain tha objects of tha foregoing resolution* we hereby Manorialisa tha Congress of tha Unitad Statas* tha Administration at Washington* ad tha Rxecu* tivas and Legislatures of tha several States* to taka such action as shall secure an araistica* In which tha rights and safety of tha Governaent shall ba fully protected* for such length of tins as will enable tha paopla to naat in convantion as aforesaid* And va* therefore* earnestly reeoaaend to our fellov-citisens every* where* to observe and keep all their lawful and constitutional obligations; to abstain froa all violence* and to neat together and reason* each with tha other* upon tha bast node to attain the great blessings of peace* unity and liberty; and* be it further "Resolved. That to secure tha co-operation of tha Statas and tha General Governaent* Stephen T* Logan* Sanuel S* Marshall* N* K* 8* O'Melveny* William C. Goody* Anthony Thornton and John D* Caton* ara hereby appointed coamissioners to confer iaaediately with Congress and the President of the Unitad States* and with the Legislatures and Executives of the several Statas* and urge tha necessity of prcapt action to secure said araistica* and the elec* tion of delegates to* and early assanbling of* said convention; and to arrange and agree with the General Governaent and the sev* eral States* upon the tine and place of holding said convention; and that they report their action in the praaises to tha General Assaably of this Seta* "Resolved* That the Speaker of the House of Representatives be requilto# to transmit a copy of tha foregoing preamble and resolutions to the President of tha United States* to each of our Senators and Representatives in Congress* and to each of the Gov­ ernors and tha Speakers of tha House of Representatives of tha several States*"99

At the eǤe tine Nike introduced the resolutions in the louse* Vanda* veer introduced them in tha Senate* as the product of the Senate Committee 106 on Federal Relations. In the Senate* this issue was made apacial order lor

February 10th.

On Thursday* Fabruary 5 th. tha Houaa Republican® on tha Coomittae on

Fadaral Ralationa filad a minority raport in oppoaition to tha Daaocrata.

It was aignad by John W. Newport (R-Grundy), Joaaph B. Underwood (R-St.

Clair) and Luthar W. Lawrence (R-Boone). It amphaaiaad tha aavarity of tha crisis* and aaid tha problaaa tha Damocrata pointad out ware tha nacaaaary raaulta of war conditiona. Tha minority raport9 which ia aaaantially a Re­ publican platform* ia aa follow®i

Tha minority raport waa aa followas

"Resolved. That in tha praaant condition of our National af­ fairs* and in tha existence of tha troubles which aurround our country* it ia tha duty of all good eitiaana cordially to aupport tha National and State adminiatrationa9 and that wa haraby of far to tha adminiatration of Abraham Lincoln* Fraaidant of tha United States* and Richard Tates, Governor of tha Stata of Illinois* our aarnaat and cordial support in tha efforts of their raapactiva administrations to put down tha present moat infamous rebellion. "Resolved. That while wa admit that during tha present terri­ ble and unjustifiable rebellion it would be impossible for tha President of tha United Stataa to discharge his duties so as to satisfy tha view of all tha people of tha United States* yet aa ha ia tha officer invested with tha constitutional power to act as tha executive head of tha Government in putting down tha present rebellion* which is seeking our overthrow* it becomes the duty of all loyal eitiaana to strengthen tha President's arm for tha con­ test* and to give him that moral and material aid and support* regardless of mare party difference of opinion* that will be ef­ fectual to put down insurrection and sustain our Government* and we hold that no man can be regarded as a lover of his country who will not make any sacrifice that is needed to sustain tha Govern­ ment under which he lives. "Resolved. That it is tha first and highest duty of tha Ns- tional Government to crush out tha existing rebellion* that our own happiness* prosperity and power as a people* and the fate of Icaa institutions throughout the world are involved in this grout issue* and in order to accomplish that result* it is both tko right and duty of the Government to use all means recognised by the lone of civilised warfare* "Resolved, that the Constitution of our fathers and the irre- peelable laws of nature unite ia dissoluble bonds the great Merth- teat with the mouth of the Mississippi and the Rasters seaboard* that we should be ee reedy, if need were, to crush secession in the Best as in the South, and that we will never consent to the dissolution of the Union, or to the abandonment by the National Government of its constitutional sovereignty over any, the least portion of our territory. "Resolved. That we have no terms of compromise to propose to rebels in armsi that we should regard propositions by the loyal States for a cessation of hostilities as both fruitless and hu­ miliating, and that any settlement of our National troubles, by any species of concession to rebels, or by any mode short of an unconditional suppression of the rebellion, would be an acknow­ ledgment of the principle of secession, and would be offering a premium to treason for all time to come, "Resolved. That the Constitution of the United States confers upon the Government of the same, all the powers necessary to the effectual suppression of the rebellion, and to punish the rebels for the violation of their allegiance, and to this end it may de­ prive then of life, liberty or property, if required, in its judg­ ment, and that an imperious necessity demanded of the President of the United States the issuing of his proclamation of freedom to kthe slaves in rebellious States and parts of States, and we pledge ourselves to sustain him in the same. "Resolved* That the President, as Commander-in-Chief of the army and the executive head of the Government, has the same un­ doubted right to suspend the writ of habeas emus, during an armed rebellion, that Gen* Jackson had to suspend that writ in New Orleans! that even if individual cases of hardship have occurred in consequence of false information furnished to the Government, which it had good reason to believe to be true, still no thoroughly loyal citisen, who earnestly desires the suppression of the rebellion, would seek, for such causes, to create disaffection among the people towards the Government, or to make then believe that their liberties are in danger, and that we have yet to hear of the first truly loyal man who believes himself in danger of military arrest or imprisonment in so-called bastiles* "Resolved* That the object of the Administration, in prose- cuting the war against the rebellion, is now, as it ever has here­ tofore been, the restoration of the Union, and not the abolishment of slavery in the rebellious States! that this last step is resor­ ted to by the President as a necessary and constitutional war mea­ sure, and as a potent means towards the accomplishment of the great had in view— the crushing of the rebellion and the restore^ tion of the Union* "Resolved. That during the great convulsion which afflicts our country, we are desirous of seeing the liberty of the citisen as much respected as is compatible with public safety! but we dis­ tinctly announce our conviction to be, that no men has a right to be a traitor— that no man has a right to aid and abet the enemies of hie country— that no man has a right to appeal to the apirit of 108

insurrection in opposition to the constituted end levful authori­ ties of the lend— thet those so offending set by virtue of no right* but in their ovn wrong* end should be promptly end duly restreined by the Government. "Resolved. Thet until the present struggle is over* end the Union restored* the people should recognise no perty line but thet mentioned by Hr. Dougles— the line dividing petriots end treitorss thet inesmuch es ell treitors* North end South* ere united* it behooves ell petriots of ell perties to stend together like e bank of brothers* meeting with unbroken front* end putting down with united strength treeson in ell its forms* end wherever it mey lift its heed. "Resolved. The lete Stete government of Virginie heving tree- sonebly ebdicated its legitimate authority* the seme devolved upon thet portion of her citisens which organised e loyal government in thet section of her territory where they could sefely assemble, end thet such loyal government was invested with the whole power of the Stete of Virginie* end had the rightful authority* under the National Constitution* with the sanction of Congress* to con­ sent to the formation of a new State* carved out of its territory. "Resolved. Thet the courts of the United States would be wholly inefficient to maintain its authority against rebels in arms* and that the only mode in which the rebellion can be put down is through the military atm of the Government* and that the proper duty of our courts is to follow* and not to precede* our armies* end that we will hail the day when the military aid can be dispensed with in the administration of our affairs* and the civil authority restored to its wonted supremacy. "Resolved. Thet the democratic principle* viai the frequency of elections* end of submission to the will of the people as on- pressed at the ballot bon* dispenses entirely with the necessity of forcible revolution to correct any real or fancied errors of administration* and this fact takes away all excuse for those who seek to inaugurate a state of anarchy or rebellion* and invests their crime with a tenfold atrocity. "Resolved. That the gallant sons of Illinois who have gone forth to fight our battles* have achieved for themselves and their State imperishable renowns that the page which shall record their deeds will be among the brightest of our country* s history* and having sealed their hatred of treason by the baptism of the bat­ tle-field* they will* upon their return* pronounce at the ballot bom* their condemnation of all men who have dared to empress a covert sympathy with traitors* or to denounce the sacred cause for which they have shed their blood."99

The debate on the peace resolutions is a eomplem combination of parlia­ mentary procedure and political issues to follow. On Priday* February 6th* filliei Underwood (D-St. Clair) moved that the General Assembly adjourn from February 14th to June 2nd* There were two reasons for this* First, the

adjournment was supposed to give time for the delegates to the Louisville

Convention to attend and report back results to the Legislature* The peace

resolutions allowing this had not yet passed, but they were expected to

pass* Second, the Democrats had proposed all that they wanted, an adjourn­ ment was in order anyway, allowing time for votes on the key remaining is­

sues* Jasper Ward (R-Cook) spoke against adjournment, but turned the speech into a harangue against the peace resolutions. Ward called the six proposed delegates to Louisville disloyal, which angered the Democrats* As the Illi­ nois State Register exclaimed, "Mho is this Mr* Ward? Who out of Cook

County ever heard of this man who thus arraigns six of the most distin­ guished, able and patriotic men of Illinois!•••men whose shoe-laces the abo­ lition member from Cook is unworthy to touch*Ward was followed by Wil­ liam Green (D-Massac) and William Underwood (D-St* a air), both of whom

"roasted" Ward with humorous speeches of their own* Alonso Mack (RHCanka- kee) followed with another speech which dealt with the resolutions* In a scathing attack, he likened the resolutions to those proposed in the Con­ federate Congress on January 26th by Henry S* "Hangman" Foote of Tennessee,

The coincidence of both resolutions, he pointed out, showed the connection between Confederates and Illinois Democrats* Foote’s resolution had read.

The government of the Confederate States, in consideration of the change in the public sentiment, which has occurred in several nor­ thern States, wherein political elections have been recently held — sympathising most kindly with those by whose many exertions that change has been brought about— would be willing to conclude a just and honorable peace with any one or more of said States, who (re­ nouncing all political connection with Mew England) mey be found willing to stipulate for desisting at once from the further pro­ secution of the war against the South, end in such case, the gov­ ernment of the Confederate States would be willing to enter into a league, offensive and defensive, with the States thus desisting, of a permanent and enduring character.61 110 Mack was unable to finish his speech before a Democrat interrupted and asked

Mack why he was not fighting in the field. This was a constant sore point

for the colonel. Mack retorted with wit that he was "where danger was most

imminent and where traitors were most numerous,This stirred the galler­

ies, John T, Lindsay spoke neat* and reminded Mask that if he was "spilin'

for a fight,” ha would do better «s head of hie regiment, Vandeveer con­

cluded the debate on adjournment with a defense of pemoetatic principles*

and how they were representative of fbe majority, Meek mewed an amendment

that legislators should not receive ply during tftM ptoposed ticefS* That

failed. Then, after the previous question was meted, but before the vote ©a

the adjournment* all but two Republicans walked out of the Senate. The Ser­ geant- at- arms sought out enough Republicans to make a quorum so a vote could be taken. After enough returned* a vote vas taken and by a 12 to 6 vote the motion passed, James Rodgers (D-Clinton) fas the only Democrat to vote with the minority.

The Republicans continued to react strongly to the resolutions. The

Chicago Tribune criticized the Louiiyills Convention idea* saying,

Illinois has sent thousands of bar sons southward as delegates to bring about peaca. Thay are numerously at Maihvill|| at Vicksburg and Mamphia, She needs no other re||lamntation. The CoppethOids do not represent her. The olive branch thay would bear* is more deadly than a bough of upa s * 3

That night* in caucus* tha Rspublicans dscidsd that thsre would ba no more legislation unless the Democrats withdrew the peace resolutions* and pledged themselves not amain to present tham, Thay could usa tha parliamentary power to demy a quorum* since two-thirds of either house was necessary to transact buoAmeas. As the Chicago Tribune indicated* "The Republican Sena­ tors have almeedy left the city, and will not return until the pledge is Ill

given, so that the Legislature is virtually dissolved.The Illinois

flute Realster reacted angrily to this Republican strategy. Comparing the

Republicans to the Confederates it said, "In what do these men differ from

Jeff Davis and his congressional associates, when they withdrew from Con­

gress because of their opposition to the majority's will, shown by votes of

the people at the polls?

Nevertheless, on Saturday* February 7th, the Senate had no quorum.

Only fifteen Senators shewed up. In the House, enough members shoved and

the recess until June was passed by a 45 to 7 vote* with 8 abstentions. On

Monday* February 9th* the Senate still had no quorum* but the House had full

attendance. The Senate resumed business on the tenth. The Democrats

promised to delay the peace resolutions until February 12th in return for a

quorum so regular business cculd be conducted.

The House began a process on the ninth of forming a Committee of the

Whole in the evenings to debate the peace resolutions* so the days could be

devoted to other business. On that Monday evening, James Washburn (D-Wil-

liamson) and Scott Wike (D-Pike) spoke in favor of the resolutions* while

Chauncay Lake (R-Kankakee), John Newport (R-Grundy) and Luther Lawrence (R-

Boone) spoke in opposition. On the evening of the tenth Ambrose Miller (D-

Logan), Charles Walker (D-Macoupin) and Chauncay Conger (D-White) spike in

favor, and Elijah Haines (R-Lake). Westel Sedgwick (R-DeKalb) and Joseph

Underwood (RrSt. Clair) spoke in opposition to the Democratic resolutions.

Finally* on Wednesday* February 11th* the Committee of the Whole held its

final meeting* Simeon P, Shops (D-Fulton), Melville Fuller (D-Cook) and

Albert Burr (D-Scott) anchored the debate for the majority report* and Ihad* deus Wakenan (RrMcHenry)* Amos Throop (R-Cook) and Francis Eastman (RrCook) 112 advocated the minority report. Although many speeches were given on the issuel including final speeches by both parties* big guns, not very many innovative or interesting arguments were made that had not been raised be­ fore. Albert Burr quoted Abraham Lincoln’s message of July 1861 to show why a convention would be superior to war. Lincoln had said, "You cannot fight always, and after much fighting, with great loss on both sides, and no gain on either, when you cease fighting, the same identical questions are again upon you for settlement."** To counter Lawrence’s point that the Democrats wanted to recognise an independent Confederacy, Burr said, "With the North and the South it is both a bond of constitutional obligation and a tie of inseparable interest, based on relations which can never be changed. in his speech, fuller, like a true lawyer, quoted many legal sources to show precedents for choosing conciliation over war. He quoted Hamilton, Madison,

Washington, Adams, Jefferson, Jackson, Douglas and others. In concluding he said.

Let them go on their errand of peace and reconciliation. Let then unite our sister States in this effort of fraternal affection. Let them succeed and Illinois, which has now no more cherished sons in all her borders, will hail them as the saviors of their country. It may be too late for such an effort, but it is worthy the trial.68

With that the debate was over* When the House met Thursday morning the de­ bate was exhausted. So, after a few short comments the House voted on the peace resolutions, and passed the majority report 52 to 28.

After passage in the House, the resolutions went over to the Senate.

In the evening, the Senate had a lively debate on whether or not to postpone a vote one day, until Friday, February 13th. There is no clear reason why the Senate would want to postpone a vote. James Hedgers (D-Clinton) had taken ill, hut so had John Addams (R-Stephenson). Thus, the Democrats still 113

had the votes to pass the resolutions. William Underwood and Albert Mason

(D~Knox) favored postponment, while William Green and Horatio Vandeveer

spoke in opposition to delaying the vote* Underwood had originally proposed

postponement until Saturday morning, but later modified it to Friday night*

After much filibustering the previous question was moved* In the vote on

postponement. Mason and Underwood, along with the Republicans, voted to

postpone, while the other Democrats opposed* The vote was 11 to 10 in

favor* A motion to reconsider this vote by Vandeveer failed, after he was

criticised by Mason and Underwood for making such a motion* It failed 10 to

11, the same vote as before* Then, in what has to be one of the greatest

ironies in legislative history, Rodgers died at his lodgings in the evening,

just after the Senate recessed on Thursday. This put the Democrats in a

bind* As the Illinois State Reaister said, "Whatever may have been the mo­

tives of these two gentlemen in favoring postponement, there can scarcely be

but one opinion as to the effect— the failure of the resolutions in the Sen­

ate* The Democrats, without Rodgers, did not have a constitutional ma­ jority of thirteen to pass laws or appropriations* And, if Addams returned,

the Democrats could not pass resolutions either, for the 12 to 12 tie would be broken by the Lt. Governor for an unfavorable parliamentary majority*

Thus, February 13th was a hectic day* After announcing the death of

Senator Rodgers and pronouncing eulogies, the Senate took up business* first, the Military Commissioners Bill, passed earlier by the House, was brought to a vote and failed for lack of a parliamentary majority* In re­ turn the Democrats refused to pass appropriation bills, an issue which will be discussed later* In general, the death of Senator James Rodgers was the turning point in Democratic power in the Illinois State Legislature of m i , 114 An act of God saved the Republicans from an embarrassment on the largest

scale* The peace resolutions did not pass— ever*

Soldiers Right To Vote

Sensing that the end of the session was near, both parties did manage

to pass critical legislation on important issues. One of the key issues

left undiscussed since the Governor*• Message was the issue of the soldiers

right to vote in elections* The Republicans had said this part of the elec**

torate not having voting rights was the reason for their defeat in November

1862* So as not to appear that the Republicans were right, when Daniel

Richards (R-Whiteside) introduced a resolution extending to soldiers the right to vote, Democrats joined with the Republicans in suspending the rules to allow for an immediate passage in the Senate*

A Mission To Canada

On February 13th, with adjournment only moments away, the House pulled itself together in unity over an issue which affected the whole region. The

U« S* House of Representatives had failed to pass a bill to enlarge the Il­ linois and Michigan Canal, making another shipping outlet necessary for Il­ linois commerce* As mentioned previously, this was an issue one of the three joint committees had bean working on since tha election of Senator

Richardson* Francis Sastman (R-Cook) sponsored a resolution to authorise the Governor to appoint agents to visit the Parliament of Canada, and apply for means of a shipping outlet through that country* The resolution passed, and the mission to Canada will be discussed later, William 1* Ogden (R- 115

Cook) introduced the seme resolution in the Senate* which passed the sane

day the House discussed the issue*

The Speech ol Senator Funk

On Friday* February 13th* what is undoubtedly the most renowned speech of the 1863 Illinois State Legislature took place* The Senate was in the nidat of debating many little appropriation bills* The Democrats* smarting from their hours-old peace resolution defeat* ware trying to use their limited power to hold up many appropriations* The parliamentary maneuvers being used by the Democrats were annoying Republicans* who thought the ap­ propriations were too vital to play games with* Senator Isaac Funk (R-Mc-

Lean)* the old pioneer and ardent Republican rose in the middle of a debate on the Sanitary Commission* Losing his almost eternal patience at the Demo­ crat-caused delays* having sat through the debate on the peace resolutions*

Military Commissioners Bill and the negro immigration bill* having seen his

President and Governor slandered* Senator Punk could take no more* The fol­ lowing speech was covered by the Chicaao Tribune* and is printed in full here for the same reason Colonel Forrest printed it in full in the paper*

It is colorful* emotional and above all* dramatic. Said Senator Funkt

MR* SPKAKSRs 1 can sit in my seat no longer and see such *oya* pl«y going on* These men are trifling with the best inter­ ests of the country* They should have asses* ears to set off their heads* or they ere secessionists and traitors at heart* I say that there era traitors and secessionists at heart in this Senate* Their actions prove it* Their speeches prove it* Their gibes and laughter and cheers here nightly* w:.en their speakers get up in this hall and denounce the war and the Admini­ stration* prove it* I can sit here no longer and not tell these traitors what 2 think of them* And while so telling them I em responsible ayself for whet I sgy* i stand upon my own bottom* 1 am reedy to meet a^r mss on this floor* in any manner* from a pin* a point to the south of • cannon* upon this charge against these traitor*. [Tre­ mendous applause from the galleries.] I as an old man of sixty- five* I case to Illinois a poor boy* I have aade a little some­ thing for ayself and family. I pay $3V000 a year in taxes* X as willing to pay $6*000, aye $12*000* [great cheering* the old gen­ tleman bringing down his fist upon his desk with a blow that would knock down a bullock* and causing the ink stand to bounce a half doaen inches in the air*] aye* X am willing to pay ay whole for­ tune* and then give my life to save my country from these traitors that are seeking to destroy it* [Tremendous cheers and applause* which the Speaker could not subdue*] Hr* Speaker* you must please excuse me* X could not sit longer sit in my seat* and calmly listen to these traitors* My heart* that feels for ay poor country* would not let me* My heart* that cries out for the lives of our brave volunteers in the field* that these traitors at home are destroying by thousands* would not let me* My heart* that bleeds for the widows and or­ phans at home* would not let me* Tea* these villains and traitors and secessionists in this Senate [striking his clenched fist on the desk with a blow that aade the house ring again] are killing my neighbors9 boys* now fighting in the field* X date to tell this to those traitors* to their faces* and that X am responsible for what X say to one or all of them* [Cheers*] Let them come on* right here. X am sixty-five years old* and X have made up my mind to risk my life right here* on this floor* for tty country* [Hr* Funk stood near the lobby railing* his desk being one of the row immediately in front of it. A crowd* as he proceeded* col­ lected around him* evidently with the intention of protecting him from violence* if necessary. The last announcement was received with great cheering* and X saw many an eye flash* and many a coun­ tenance grow radiant with the light of defiance*] These men sneered at Col. Hack* a day or two ago* He is a little man} but X am a large man* X am ready to meet any of them* in place of Col* Hack* X am large enough for them* and X hold ■yself ready for them now* and at any time* [Cheers from the gal­ leries.] Hr* Speaker* these traitors on this floor should be provided with hempen collars. They deserve them* They deserve them* They deserve hanging* X say* [Raising his voice and violently striking tha desk*] the country would be better off to swing them up* X go for hanging them* and X dare to tell them so* right here* to their traitors9 faces* Traitors should be hung* Xt would be the salvation of the country* to hang them, for that reason* X would rejoice at it* [Tremendous cheering*] Mr. Speakers X beg pardon of the gentlemen in the Senate who are not traitors* but true* loyal men* for what X have said* I only intend it and mean it for secessionists at heart* They are here* in this Senate* X see them joke and smirk sad grin at a true Union man* iut X defy them* X stand here ready for them and dare them to come on* [Great cheering*] tiket man with the heart of a patriot could stand this treason any longer! X have stood it long enough, I will stand it no more* [Cheers*] X denounce these 117

nan and their aidara and abattoirs as rank traitors and secession­ ists* Hall itsalf could not spaa out a more traitorous craw than sona oi tha nan who disgraca this Legislature* this Stata and this country. For ayself* I protest against and danounca thair trea­ sonable acts. I have votad against thair measures. I will do so to tha cud. I will danounca thee as long as God givas me braath. And I am ready to seat tha traitors themselves bars or anywhere* and light thaa to tha death. [Prolonged cheers and shouts.] Z said Z paid three thousand dollars a year taxes. Z do not say it to brag of it. Zt is my duty* yes* Mr. Speaker* ay privi­ lege to do it. But soaa of tha traitors hare* who are working night and day to gat thair aiserable little bills and claims through tha Legislature* to taka aonay out of tha pockets oi tha people* are talking about high taxes. They are hypocrites* as wall as traitors. Z heard soaa of thaa talking about high taxes in this way* who do not pay five dollars to support tha Govern­ ment* Z danounca than as hypocrites as wall as traitors. [Cheers.] Tha reason that they pretend to be afraid of high taxes is that they do not want to vote aonay for tha relief of tha soldiers* They want also to aabarrass th Government and stop tha war* They want to aid tha secessionists to conquer our boys in tha field. They care about taxes? They are picayune nan any how* They pay no taxes at all* and never did* and never hope to, unless they can manage to plunder tha Government* [Cheers.] This is an excuse of traitors* [Hera tha 8peaker called for order in tha gallerias.] Mr* Speakert Bxcuse me. Z feel for my country in this her hour of dangers Z feel for her from the tips of ay toes to the ends of my hair* That is tha reason that Z speak as Z do* Z can*- not help it* Z am bound to tall these men to their teeth what they are* and what the people* the true loyal people* think of them* [Tremendous cheering* The Speaker rapped upon the desk in unison with the applause* apparently to stop it* but really to add to its volume* for I could see by his flushed cheek and flashing eye that his heart was with the brave and loyal old gentleman*] Mr* Speakers Z have had ay say* Z am no speaker* This is the only speech Z have made. And Z do not know that it deserves to be called a speech* Z could not sit still any longer* and see these scoundrels and traitors work out their selfish schemes to destroy the Union* They have ay sentiments* Let them one and all make the most of them* Z am ready to back up all Z say* and Z repeat it* to meet these traitors in any manner they may choose* from a pin* a point to the mouth of a cannon. [Tumultuous ap­ plause* during which the old gentleman sat down after he had given tha desk a parting whack* which sounded loud above the din of cheers and clapping of hands*]70

Isaac Funk was a widely respected man in Illinois and the nation* The fact ha said thosa words mads them all tha more important* Tha speech was 118 circulated widely after its delivery, and was printed in Republican papers

all over the country. The speech was also read to the Union soldiers in the

South, and Senator Funk received fron President Lincoln a personal letter,

thanking him for the bold stand he had taken in favor of the prosecution of

th. w.r.71 A. night well b. expected, the IUinoi. St.t. R.ai«fr had lit-

tl. praiee for Funk1, blistering attack. Said tha Raaietar.

Ha bora down on tha deBocrecy, and avarybody and avarything inimi­ cal to tha atipraaacy of tha nagro, applying to all auch in bovina Saxon, the choicest epithets to be found in the Tribune vocabu­ lary— the tern ••traitor11 being the most proninent.71

When the Illinois State Journal, the Springfield Republican paper, published

the speech, the Register had uore to says

The Journal publishes Sen* Funk's bovine bellow in the Senate chamber, translated by the governors aide into passable English* It is the most successful atteapt to aake a silk purse out of a •ow's ear we have ever ween. Glory to Funk— Peter, Isaac and the whole family of Funksr3

Although the speech is colorful, it offered little in terns of leadership to

ease the crisis* The offer to beat up and hang the opposition did little to

nova the legislators to conciliation and conpronise.

The Appropriation Bill Swindle

On Friday, February 13 th, the day Senator Funk made such a renowned

speech, the appropriation bill finally cane up for debate* The Sanitary

Commission was only one part of the monstrous piece of legislation, which was in essence the operating expenses for the State of Illinois until tha next legislative session in 1*64. Since the session wc* rapidly drawing to a dose, the bill had to be passed quickly, and the procedures to pass the bill had to be expedited* Alonso Hack (R-Kankakee) moved in tha Senate that 119 the rules be suspended, and the bill be voted on immediately. In response,

William Green (D-Hassac) moved to table Macias motion, to purposely hold up

the appropriation process. Mack, left with no other recourse, began to try

to pass pieces of the appropriation bill one at a time. To embarrass Green,

Mack moved suspension of the rules to pass funding for the state asylum at

Jacksonville, He thought no one could be so heartless as to hold up funds

for the destitute citisens of Illinois, He was wrong, for that motion was

successfully tabled as well. Next, Mack tried to pass the part of the bill

appropriating funds for the sick and wounded Illinois soldiers. The earlier

money had nearly run out, and Governor Yates wanted an additional $50,000,

this time without commissioners to oversee its use. In fact, Yates wanted

it as a contingent fund, which he could use as he deemed necessary. No

party wanted to be responsible for not helping the wounded troops, so Mack

had finally found the right issue. The bill to appropriate the money was

brought to a vote by suspending the rules, with only ultra-Democrats Israel

Blanchard (D-Jackson), Bryant Schofield (D-Hancock) and Horatio Vandeveer

(0-Christian) voting against the suspension. With the death of James Rod­ gers (D-Clinton) and the absence of John Addsms (R~Stephenson), who was ill, neither party could pass a bill requiring a constitutional majority without votes from the other party. It looked as if the Democrats would either have to vote against money for wounded soldiers or vote money to the Governor, both unsavory propositions. Then, using sheer parliamentary brilliance.

Million Underwood (D-St. Clair) moved to substitute a previously adopted

Raisee bill, requiring three Democratic commissioners to oversee the funds, in place of Kick's bill. Since a parliamentary majority was required for

«fcis move, tin Democrats switched bills by a vote of 12 to 11. Since a con­ 120 stitutional majority of thirteen was needed to pass this bill into law* how­ ever, on the final vote the bill failed,

Underwood had pulled the ultimate parliamentary coup. He had used the

Democratic votee to hold up the appropriation to the Governor without actu­ ally voting against money for the soldiers. He had supported a suspension of the rules to expedite the flow of money to the troops, and by substitut­ ing the House bilhe had forced the Republicans to vote against the appro­ priation. There is not necessarily, however, a connection between parlia­ mentary skill and leadership. Although he had kept power aw«.y from Governor fates, the money did not go to the soldiers. Both parties put the power play for control of the money above its purpose. Meanwhile, troops were butt in the field. Again, the legislature had failed to compromise to ease the crisis. During the next few months following adjournment, each party would accuse the other of refusing to help the wounded Illinois troops by appropriating money for their care.

On Saturday, February 14th, the session entered its final day. The

Democrats were frustrated that they had lost their majority in the Senate, and thus could no longer pass bills. The Republicans were frustrated that no appropriation bills had passed both houses to become law. Over Friday evening, party leaders made the first real compromise of the entire session, out of pure necessity. The Democrats had agreed to pass the appropriation bills in exchange for the passage of a Congressional Reapportionment Bill favorable to their party. The urgency of the final day made this deal work in the Senate* The Congressional Apportionment Bill, drawn up by Melville fuller (D-Cook) of the House, passed the Senate first with the aid of the

Republicans. Only Jasper Hard (R-Cook) and Joseph Raters (R-Ve mi l l ion) 121 voted against the bill, which favored Democrats of Fuller's party organiza­

tion in Chicago, Then the appropriation bills were brought up. First, Van-

deveer and Blanchard filibustered so the bills would not be able to pass

before the time for adjournment was reached. Together, the more pragmatic

Democrats, Green, Underwood, John Lindsay (D-Peoria) and Albert Mason (D-

Knox), along with Lt, Governor Hoffman, put an end to the filibustering.

Then, Vandeveer moved to strike out Section II of the appropriation bill, which provided the Governor with the contingent war fund of $50,000. This fund was a way to give the governor money to spend in between legislative sessions in case additional wartime appropriations were needed. It was this section Mack had tried to pass the day before. Some Democrats, however, diU not trust Governor Yates with this kind of slush fund, even though it was desperately needed in the statewide crisis condition. In the vote on this motion Berry, Blanchard, Knapp, Schofield and Vandeveer voted in favor) the rest were opposed, save Addams, Ogden and Lansing who were absent. The mo­ tion failed, Vandeveer then moved to strike out Section IV of the bill, which requested $2,500 for a gardener for the governor, Vandeveer succeeded in getting this section put on the table, Lindsay then moved a bill to pro­ vide for the contingent expenses of the government until the next General

Assembly, which passed 17 to 2. Finally, the last portion of the Great Com­ promise of the Illinois State Legislature of 1863 was completed. The Senate defeated both the Negro Immigration Bill and the Habeas Corpus Bill, After passing a series of local bills, the Senate was ready to leave*

Unfortunately, the spirit of compromise did not extend itself to the

House. In the House, the Republicans pulled one of the greatest abuses of legislative power conceivable. They violated every sense of constitutional 122

and parliamentary order in their desire to achieve their ends. In doing

such, they made a mockery out of the Senate's compromise and of the legisla­

tive process of which they were a part. First, in the House, surprisingly a

bill appropriating $50,000 for the purchase and improvement of Stephen A.

Douglas1 grave failed by a vote of 40 to 27. The sparse attendance had left

the House without a constitutional majority. Amos G. Throop (R-Cook) moved

to reconsider, and this failed. So, Melville Fuller (D-Cook) moved recon­

sideration until June, which carried. Then, the major Republican swindle on

the appropriation hills took place. Two appropriation bills were introduced

into the House with the same titles "An Act to Provide for the Ordinary and

Contingent Expenses of the Government Until the Adjournment of the Next Ses­

sion of the General Assembly." Subsequent examination showed that these

bills were written by tha same hand, and that the titles were not only iden­

tical, but when folded and endorsed, except by inspection, one could not be

distinguished from the other. Each bill had even been defaced in a similar

manner.7* By a previous order of the House, the usual form of reading Sen­

ate messages, announcing the titles of bills, was waived, so that proceed­

ing* might not be interrupted in the House. Hence, these bills were brought

in from the Senate, and were delivered at the Clerk's dash, without an­ nouncement by title. One, No. 203, provided for the salaries of executive

officers, with other items of appropriation. The other, No. 202, provided

for the governor's ordinary contingent fund of $10,000 for expenses in be­ tween sessions, and an additional section. The additional section was tha

$50,000 contingent war fund passed by the Senate, which specifically stated th» Governor could spend the money on whatever he wished, including wounded soldiers or executive expenses. In its order. Senate Bill No. 203 came up. 123 Motion was made to read by the title when a dozen members called out for the

reading in full, which was done, and the bill ordered to a second reading.

By consent, the rule was suspended and the bill was upon its second reading.

Motion was again Bade to read by title. Here a score of members sprang to

their feet, calling for the full reading, Charles A, Walker (D-Macoupin)

remarked, "I want that bill read in full. I learn there is a bill here

giving Dick Yates, a $30,000 contingent fund, and I ask the Speaker, is

there such a provision in the bill now before the House?The Chair,

Speaker pro-tempore Albert G. Burr (D-Scott), said there was not, that the

bill had been read in full to the House, but he directed the clerk to pro­

ceed with the reading of the bill, and it was again read at large. By con­

sent, the rule was again suspended, and the bill was read a third time, by its title this time, and the House being satisfied passed the bill 59 to 2,

The House was proceeding with the business when a murmur of anal tat ion was heard at the Republican end of the hall. The Democrats had been tricked.

Bill Mo, 202, with the contingent fund, had passed, James M, Bpler (D-Cass) immediately offered the following resolution)

Resolved, That the bill for "An act to provide for the or­ dinary and contingent expenses of the government» until the ad­ journment of the next regular session of the general assembly," which contains an appropriation of $50,000 to be placed in the hands of the governor, etc,, reported as passed by this house, on this day, was passed by fraud, and no vote had thereont and the governor is hereby requested to return the same to this house im­ mediately,'0

Spier's motion to suspend the rules so his resolution could be discussed failed 30 to 28, a strict party vote. Thus, a protest was filed by thirty- eight House members, recounting the events of the fraud and calling for re­ turn of the illegally passed bill, The protest was not included in the journal of the House, 124 The question is how did Bill No. 202 get to be the bill that was subse­

quently returned to the Senate and signed by the Governor. The Illinois

State Register presented a plausible theory. As it notedt

Thirty-eight members of the house positively certify that the bill did not pass. All the clerks at the desk concur in the statements of the protest. By a piece of adroit thimble-rigging, by some villain standing about the desk, the two bills, prepared in exact duplicate endorsement, were exchanged— the false bill substituted for the real one, and with a solicitude remarkable under the cir­ cumstances, a senator urged its return to the senate with the an­ nouncement of the house's "concurrence", from the senate it was hurried to the governor, who had been hurried out of the house to his office, it was hurriedly signed, and so huge was the joke, that those who were privy to it could not, so great was their hur­ ry, forbear impaiting it to the house.77

New according to the Chicago Tribune, upon the Democratic protest, "Buckmas- ter made a speech setting forth an explanation that in caucus last night, he agreed to pass the bill in question, and did so understanding^ with that appropriation."78 He did not sign the protest. The Tribune continued the following day by saying, "Buckmaster told the members that he knew what he was voting for— knew that the Contingent Fund was included— that ha intended to vote for it— and he rebuked the factionists by telling them that if they had voted for a bill that they did not understand, they were alone to blame."79 The Tribune admitted Yates was in the hall at the time of the appropriation fiasco, but insisted ha was there to lobby for reconsideration of the failed Douglas monument. The Tribune also blamed the Register for being upset because of personal considerationst

The Register had committed the party to two measures— the peace resolutions and the Board of Army Auditors. Lanphier, the editor, was in both of them, for he wanted the peace resolutions, to carry the a n y Board, and he was to be the Army Board himself.80

Buckmaster was apparently not in the Chair because he was signing bills. 125

Whatever the case, at 2:30, William E. Ginther (R-Cook) noticed the tine,

and adjournment until June automatically took place.

Conclusion

A question lingering since 1863 is just what was the deal involving the

appropriation bill and the peace resolutions* This is the best guess that

can be offered* There apparently was a major rift in the Democratic party

on just how far to push the NpeaceN program. It is strange that with Sena­

tor Rodgers on his deathbed, the Democrats, instead of dragging him in for a

vote on the resolutions, proposed postponing the vote. It appears that the

moderate Democrats were looking for a face saving way out of actually pass­

ing the resolutions. By postponing a vote until after Rodger's death, they

could insure failure due to a lack of votes, without actually having to vote

against the resolutions themselves. As part of a deal with the Republicans,

the rest of the Great Compromise was made in the Senate. It is clear the

arch-Democrats were not happy with it, but they did not have the votes to

stop it. In the House, the moderate Democrats had a problem. The Demo­

cratic majority was too large for the few moderates to sway the vote. So

Buckmaster had evidently worked out a deal with Yates on cheating the radi­

cals of his own party. By allowing Burr, the head radical, to sit in the

Chair, Buckmaster cleverly absolved himself from the embarrassment about to befall his own party. The Democrats must be commended for seeking compro­ mise! however, to misuse the legislative process to force through one's own objectives is an intolerable action. It is poor leadership, for the moder­ ate Democrats did not seek consensus, they sought to dupe the opposition.

What they did was illegal because the bill with the contingent fund had not 126 be«n legally substituted for the other. Since the bille ere recorded by title, however, there was no legal evidence of impropriety, The Governor had legally aigned a bill into law. The breakdown of Denocratic unity, and the backatabbing the moderates gave to their radical partisans, inaured that the Democrats would be diaunited in the coming June aeaaion. And with par­ liamentary order being caat away ao cavalierly at every turn, it ia no won­ der the Governor would feel no aenae of impropriety in proroguing the Gen­ eral Aaaembly in June, In other words, the Great Compromise did not help ease the crisis. Instead of seeking a consensus around the compromise, the

Republicans and moderate Democrats shoved the compromise down the throats of the opposition. The crisis had to continue. 127

NOTES

1. Chicago Tribune. Novcaber 5, 1863.

2. Chicago Tribune. November 7, 1863.

3. Illinois State Register. November 5, 1863.

4. Chicago Tribune. November 6, 1863.

5. Chicago Tribune. November 7* 1863.

6. Chicago Tribune. January 8, 1863.

7. Chicago Tribune. January 6, 1863.

8. Chicago Tribune. January 8, 1863.

9. Chicago Tribune. January 8, 1863.

10. Yates Message, p. 36*

11* Yates Message, p. 38*

12# Yates Message, p. 49*

13* Yates Message, p. 51*

14. Yates Message, p, 56#

15. Yates Message, p. 55,

16* Chicago Tribune. January 9, 1863.

17. Paul Studenski and Kerman E. Kroos, Financial History of the United States. McGraw-Hill, New York, 1952, pp. 13^-146 '1 1

18. Chicago Tribune. January 8, 1863.

19. Joseph Medill to Hon, J. A. Gurley, January 5, 1863, Medill Papers, Chicago History Society.

20. (Mcaao Tribune. January 17, 1863.

21. Chicago Tribune. January 22, 1886.

22. Chicago Tribune. January 9, 1863.

23a W ft j#y» Owmnl A«.—bly. Ukn fc Phillip.. Spring- field, 1863, pp. 41-42. 128 24. Alexander Davidson and Bernard Stuve, A Complete History of Illinois from 1673 to 1873. Illinois Journal Company, Springfield. 1874. p, 887,

25. Chicago Tribune. January 10. 1863.

26. Illinois State Register. January 6. 1863.

27. Illinois State Register. January 13. 1863.

28. Chicago Tribune. January 12, 1863.

29. Chicago Tribune. January 13. 1863.

30. Illinois State Register, January 13. 1863.

31. Chicago Tribune. January 14. 1863.

32. Chicago Tribune, January 16, 1863.

33. John Moses. Illinois Historical and Statistical. Volume II. Fergus Priting Company, Chicago, life,p. 1100.

34. Chicago Tribune. January 17, 1863.

35. Yates to Morton, January 19, 1863, as quoted in Nortrup Thenla, p. 285.

36. Chicago Tribune. January 21, 1863.

37. Moses, Illinois Historical, p. 1089.

38. Chicago Tribune. January 21. 1863.

39. Chicago Tribune. January 22, 1863.

40. Chicago Tribune. January 23, 1863.

41. Chicago Tribune. February 2, 1863.

42. Illinois State Register. January 27, 1863.

43. Chicago Tribune. January 24, 1863.

44. Illinois Stilo Register. January 27, 1863.

45. Chicago Tribune. January 30, 1863.

46. Chicago Tribune. February 6, 1863.

47. Chicago Tribune. February 5, 1863,

48. D. L. Phillips to Lyman Trumball, January 30, 1863, as quoted in Nor­ trup Thesis, p. 285, 129 69* IXiiuoif 8titi Raaiatar. Fabruary 6, 1863.

50. Chicaao Tribuna. January 8, 1863.

51. Chicaao Tribuna. January 10, 1863.

52. Chicaao Tribuna. January 10, 1863.

53. Chicaao Tribuna. January 9, 1863.

54. Chicaao Tribuna. January 23, 1863.

55. Chicaao Tribuna. January 23, 1863.

56. Chicaao Tribune. January 249 1863.

57. niinoii State Raaiatar. January 28, 1863.

59. Luck, Politico and Politiciana. pp. 155-158.

6°. IlliMla State KMi.fr. F.bru«ry 7, 1863.

61. Davidaon and Stuv«, A Co.pl.t. Hlatorv. pp. 883-4.

62. Chicaao Tribune. February 7. 1863.

63. Chicaao Tribune. February 7. 1863.

64. C h i c o Tribun.. Fabruary 7, 1863.

63. Illlnoia Btat. Raaiatar. February 8. 1863. 66.

37. The Pacification Faaolutlona. p. 9.

68. Th« Pacification laaolutlona. p. 22.

69. IlUpoli It.t. Raaiatar. February 13, 1863.

70. Chicaao Tribune. Fabruary 17, 1863.

71. m * . Politic, and Politician.. p. 159. 72. Illinoia State Raalafr. February 14, 1863.

73- Illinoia State Raalatar. February 27, 1863.

7*. Illinoia State Raalatar. February 15, 1863.

75. Illinoia State Raalatar. February 15, 1863.

76. Illinoia State Raalatar. February 15, 1863.

77. Illinoia State Kaalatar. February 15, 1863.

78. Chicago Tribune. February 17, 1863.

79. Chicago Tribune. February 18, 1863.

80. Chicago Tribune. February 18, 1863. 131

CHAPTER IV lne«ria Periods A Tine of H m m t i m Introduction to the Interim Period

After the legislators left town, they went their separate ways. This

interim period, between the February adjournment and June reconvening, was

characterised by two themes. First, each party tried to use propaganda to

jockey for better position when the session began again. Through their

journals Democrats and Republicans tried to embarrass each other. Second,

the interim period provided some leaders with difficulties. These few

months highlighted certain legislators as they experienced different aspects

of the Civil War crisis back home. All in all, however, the interim period

did not change the political consciousness of many Illinoisans. The Demo­

cratic program would have as much support in June as it did in February.

And, of course, in June the crisis would not be any closer to resolution.

Reaction to the Recent Session

The session of the 1863 Illinois State Legislature had recently ad­

journed} however, that did not stop the crisis from continuing. In fact,

the allegations of illegality and corruption readily flowed from both par­

ties. The Chicago Tribune said,

The Republicans of Illinois owe a debt of gratitude to their mem­ bers of the Legislature, and to the Governor of the State, that no partisan rewards.,.can repay.••[B]ecause indications too numerous to be disregarded and too plain to be misunderstood, point to the fact that the majority of the Legislate were elected by a secret but potent organisation with extensive ramifications and perfect discipline, the aim of which is the disemtagratien of the Union, The string which, when pulled, caused every Copperhead to hiss, led back into the lodges of the enemies of the Government— the would-be assassins of human liberty in this its last stronghold,*

While the Republicans were gloating about defeating every Democratic pro­ gram, passing the appropriation bill and in general feeling good about asso-

132 133 elating the Democrats with the Knights of the Golden Circle, the Democrats got the last laugh. While admitting to losing every big legislative battle, the habeas corpus bill, the negro immigration bill, and the peace resolu­ tions, the Illinois State Register claimed victory on the appropriation bill. They said the Governor's illegal maneuvering to get the bill passed showed just why he was not responsible enough to have such a war fund in the first place. Yates was denied a full victory on the appropriation, however, because the Democratic State Treasurer Alexander Starne refused to pay out the $50,000 contingent fund. He only recognized those appropriations in

Bill #203, the appropriation bill most House Democrats thought had been passed, The iaaister said, "We have «careely heard of a man, of either party, speck to the position taken by Mr. Starne, who does not say it is right, rejoicing that the villainy has been checkmated."2 It must be remem­ bered, however, that by denying Yates his money, the Treasurer had in effect denied money to the sick and wounded soldiers to when Governor Yates was to give the memey, This would be a continuing problem. The Chicaao Tribune

•eid the "rumpus the Democrats were causing was disgusting," Said ihe pa­ per,

We tell these preteetemt Copper*made— little Hr, fuller included, thet there in e deep dmmnatiem f*aitie§ them. The nether that votee against % anil pittance to b% expended for the eid of the •ich and wounded teldiwee el UlUeis, il ho better then § brute end e rebel. *» i* utterly destitute ei humanity and patriotism, and there will he heaped «P wraith Against the day el wrath for •mch heertlsss villeins.*

the A m y tpeaks Chit

The nepeblicans, fearing that the Democrats might rsturo in dull* to fdah their program again, triad to i|ilat« the Democrats hy dascribing them

Hi traasonous, with support only from tha disloyal. Ia lit bean shown, the 134

Democrats supported the light against secession, but only opposed the extra

war aims created by Lincoln's handling of the war effort. The best way the

Republicans found that would make the opposition appear disloyal was to

trump up the army's support for Yates, The Democrats claimed great support

in the military. Aside from a few desertions following the announcement of

the Emancipation Proclamation, however, the Democrats had a tough time coun­

tering Republican propaganda. By showing the army to be Republican, Gover­

nor Yates and Colonel Forrest hoped to substantiate their claims about

losing elections due to the soldier's vote, as well as scaring the Democrats

into abandoning their legislative program. The most scathing attacks

against the Democratic legislators came from War Democratic generals, whose

widely circulated letters denounced their old partisans. In his address to

the soldiers of the 17th Army Corps, dated Memphis February 12th, 1863,

General John Logan in allusion to the "falsifying of public sentiment at

home," said:

Intriguing political tricksters, demagogues and time-servers, whose corrupt deeds are bet a faint reflex of their corrupt hearts, seep determined to drive our people on to anarchy and destruction. The day is not ier distant when traitors end cow­ ards, North and louth, will cewep befora the indignation of an outraged people, witch bravely onwirdl

General Hainie, in a litter* gave his unqualified endorsement to every para­ graph lime and fit1* General Logan's address. General John A. Me Cl er­ ased, in a litter to John Van Buren, February 22, 1863, denounced the Demo* cracs as "Wortham pence managers, who will be carriad away, if not by the torrent of public opinion, tvihtillly fey force of a»s."4

Finally, from his baas in Virginia, Colon#! William Gsmbla of the 8th

Xllinoia Cavalry tent the Chicago trihunt a lettar, with reaolutiona denoun­ cing tha traitors and aupporting the "Commander-in-Chiaf of the Illinois force#11 and hit constitutional authority. Wrota Gamble, Ever since our Legislature has been in session we have felt our­ selves disgraced in the eyes of soldiers from other states. There was a time, when, to say we were from Illinois was a proud dis­ tinction... [B] ut how stand we now? To mention the name of our State brings forth humiliating questionsi Why Illinois is prepar­ ing to secede; your Legislature is going to adjourn temporarily, in order to ascertain whether Jeff Davis is willing to accept your State as one of his Confederacy?5

It seems, however, that all of this rhetoric had little effect on Illinois­ an s at home.

The true test of the effect of the rhetoric was the municipal elections held in some communities in April, It appears that the people were sympa­ thetic with the soldiers, but the alternatives offered by the Democrats would only be displeasing if the Republicans could show results from the wir. Needless to say, the Republican tactics were highly divisive, and drove politicians further apart rather than closer together. Looking at

April's election results, it is apparent that if the legislature were up for re-election then as well, its make-up would not have changed. The Demo­ cratic party still controlled Illinois. The election of 1862 was clearly not a fluke. It was a realistic statement on the war effort made by the people at-large.

Municipal Elections SUstts

In Chicago, Democratic mayor f. C. Sherman won re-election over Repub­ lican challenger, Thomas Bryan, Although the Republican organ, the Chicago

Tribune, told voters, "We don't say that every man who proposes to vote for

Sherman is disloyali but we do say that all the disloyal voters in the city will vote for him} and that they control his party," the voters made a clear choice. The vote polled was the largest polled in Chicago ever. This shows 136

tk Republicans* who must have produced many new immigrant votes, could

still not outpoll the opposition in this era of party realignment. Sherman

won by a 1,150 vote majority in 1861, and this was reduced to 150 votes in

1863. The Democrats, after the well-publicised legislative session, still

controlled Chicago, and this with the soldiers voting.*

Springfield

In Springfield, the city council was up for election, as well as the city's officers. In the city council, 8 Democrats and four Republicans were elected. The vote was concentrated in certain wards for both parties, show* lag a great rift across the city. Thus, in the election of city officers, the winners were divided among the parties. The Republican candidate for mayor, Mr. Smith, won by 13 votes out of nearly 2000 cast. The Democratic candidates for clerk and attorney, however, won by 23 and 28 votes, respect- 7 ively. This election was consistent in results with 1861 as well. The home city of Abraham Lincoln was highly divided, and the volatile legis- lative session held there did not seem to sway many voters. However, the

Democrats were still in control.

Peoria

At the municipal elections in Peoria, the Democratic candidate for mayor was elected by a 203 vote majority, and the entire Democratic ticket, with the exception of one aldetman, was elected by majorities from 250 to

500 votes. This was a large increase over former majorities.* 137 Death of Hon* John W. Newport

The 1863 Legislature was struck by another death following that of

Senator Rodgers. Although he had been a Republican, John W« Newport was

eulogised by the Illinois State Realster. He died at his residence on Feb­

ruary 20th. Said the Register. "Mr. Newport, as one of the leading members

of the legislature, was in the full and active vigor of health during the

late session, in which he acted so conspicuous and creditable a part in

opposition to th. opponent, of th. gov.nw.nt."9 k k.y quo.tion throughout

the interim period would be the election day chosen to replace both Newport

and Rodgers, The Democrats felt Yates purposely put off an election to keep

the Democrats short of votes, especially in the Senate,

W, A, J, Sparks

Not waiting for official word from the Governor, the Democrats of Car­

lyle nominated a candidate to take the place of James Rodgers in the Fourth

Senate district. The Clinton County Democrat was publi#her/editor of the

Carlyle Reveille, His own paper, in an article reprinted in the Illinois

State Register, described him as a pure Democrat of the "Jeffersonian

school," Sparks had served in the Illinois House, and was thus very quali­

fied to fill the seat,*0

As it turned out. Sparks was the only candidate in late May, Due to an extremely lew turnout in the heavily Democratic district, however, a Repub­ lican write-in effort gave Sparks a close race,The strange occurrence was in the election to replace John Newport in the House, In 1862, Newport had won in Grundy amd Hill Counties by over 4(H) votes, a big majority. In the sp a tia l election, however, the Republiaans neglected to nominate a can­ 138 didate for the forty-third district seat. So, Perry A. Armstrong, s Grundy

Democrat, von by default. The Democrats did not desperately need the extra

vote, but this lapse in Republican organization was striking. This election

did not show a change in public opinion, just a lapse in leadership, a big

one at that. The Illinois State Register vas extremely surprised at the

victory, wondering why the Republicans submitted no name. Perhaps they

reasoned, Will County would go Democratic,^

Alonso W, Hack

The most politically damaging incident to happen to a Republican during

this interim period befell the Republican Senatorial leader, Colonel Hack,

According to a Kankakee Union article, republished in the Illinois State

Register, Mack resigned his command of the Illinois 76th regiment, laid the

Union,

What is the cause of his resignation? Is it because he knows that life is not worth a straw if he goes back, for his tyranny and neglect of his men? Or does he fear and tremble when he comes in sight of the rebels? Or does he think he can scare democrats at the north by threatening them with federal bayonets as he did at Springfield?13

Although it is not clear why he resigned. Mack had spoken proudly of his military position in the Senate, Mot to return to his position following the session made him appear to be weak, and may have diminished his respect in the Senate,

Mercy B, Patty

Democratic Representative Patty had the misfortune to have the Tribune secure one of his letters to a friend serving in the 129th Illinois volun­ teers, In awful grammar, he described how the Democrats "do not intend to 139

fight this Nigger war." He went on to condemn the draftt the emancipation

and Abraham Lincoln.^ Commenting on the letter the Tribune joked about

his grammar* but primarily tried to pass him off as a spokesman of true

Democ ratio sentiment. Said the Tribune. "Behold a Copperhead I This man

Patty claimed to be loyal. He would have waxed hot with indignation had his

patriotism been questioned . . . He is the typical Copperhead* and in him we

read all his fellows.

Trip to Canada

Pursuant to the resolution adopted by the Legislature to send a delega­ tion to Canada* Governor Yates named a bipartisan delegation of people to represent Illinois commercial interests. The delegation was made up of

William B. Ogden (R-Cook) and William H. Green (D-Masssc) of the State

Senate* James W. Singleton* a leading Illinois Democrat* J* Young Scammon* a highly respected Illinois lawyer with close ties to Governor Yates and W. H.

Osborn. On March 10, 1863* the group drafted a letter at Chicago to begin negttietioms with the Canadians on trade with Illinois, The letter* ad­ dressed to the Governor General of Canada* asked if the Illinois delegation could "petition or proceed personally to the Provincial Government and Par­ liament of Canada . . • for the purpose of presenting • • • statistics of the trade and production of the northwestern States of the American Union* which eta seeking enlarged and cheaper outlets to the tide-water , • •"**

The letter tried to show the benefits of opening the Great Lakes and St,

Lawrence Seaway to Canada* Great Britain and the United States, Benefits were described in the amount of grain that could be shipped f rom Illinois abroad* as well as the money to be earned by all parties involved in such trade* The delegation brought the letter to the Governor General personallyI

however, there is no evidence as to the result of thttif trip or even ilii

extent of the negotiations. When the legislature net again, this issue

would be a topic of discussion.

Williaii H. Green

Without a doubt, the biggest embarrassment came to the Democrats# in

the lorn of military arrest. Senator Green, a great aoderste Deaocratic

force in the Senate, was arrests at his hoae at Metropolis on April 22#

1S63, Apparently, according to the Chicago |g|^iane. four weeks before that

he had been quoted on the streets of Metropolis saying, "The Rhine and the

Danube have washed two independent nationalities for a hundred years, and if

the Mississippi River could do the sane, then 1 an in favor of it.**17 Reac­

tion cane fron all over the state. The Illinois State Register said Green could not be disloyal. After all. Governor Yates had asked bin to go to

Canada and represent the State. Seeing the above quote in the r+tftg*- the

said it was taken out of content fron a speech given years ago.

Said the Register. "Without waiting to hear a particle of evidence against hie « • • the Chicago Tribune— to be true, they have arraigned, triad and condemned hie in advance . , ,"1* Hie arrest, which had been ordered by the eilitary ceaesnder of the district, General Aghreee Remside, was only one in a whole sweep of Copperheads. Green was the only legislator to be picked up.

No one nust have bean eore shaken by the event thee Senator Green him­ self. He began a personal public relations campaign to d e a r his name. He knew such a charge, if unrepudiated, would destroy hie politic*! career if not his satire reputation. In tines of war, being deemed a traitor was extremely dangerous. Green was not disloyal, but it would be bard to eon-

vinca readers of Republican party newspapers. Alter reading the Trlbim«

with the above quote, Green was as angered as the Reftisfcpf■ Me wrote a

latter to the dated April 29th, which reads as follows I

While waiting at this place Jbw Quoin] lor the train, l havt juat read the Tribune ol the 27th, in which you charge ai with having aaid I was "in favor of the Mississippi vaahing two national i- **■••• * I truat you will allow ae tha uaa of a brief space in your coluana to give the charge an aaphatic denial. 1 nevtr in ay lift ustd th* languaga you attribute to ae, at any tigs or placs. Nor hava | ewer used any language that could ba construed or tortured into winning that I was willing to see the Union dissolved in any event whatever. On the contrary, in every speech that I have nada, and in every conversation X have had, on the subject of the rebellion since it began, 1 have expressed ay eaphatic condemns*” tlii if secession, and ay aoat earnest hope that tha Union would be preserved* Hundreds of ey neighbors, of every political caste, will vouch for the literal truth of ay stataaenta. X have asked the uee of your coluana in order that X night place ay word against that of your informant, and with the verdict of all who know ae, X will ba content.1*

On Hay 2, 1663, Green drafted a lettar to his Senate colleague Dillis*

B# Ogden. It is unclear how many other letters he wrote to other Senators,

but this letter ia worth repeating in whole here:

X will take the liberty of addressing ycu as X have several of ay distant frieada concerning wf recent street, end the charge •ado by the Tribune that X tad used certain disloyal language on the etreete of Metropolis. Hie chirp in the Tribune is a falsehood, manufactured out of the whole cleih* tad as a very good evidence of ite falsity, all the government officers tad ax-tamy officers in Massac County have voluntarily given to ae a written statement setting forth that ay conduct tad language had beta at ell times the very reverse of disloyalty, and that tha quiet tad ohediemee to lew, civil tad military, tatatg the people of Massac ie due largely to * influ­ ence. I have written merely to place my self right with ey friends, who may only read what penny-a-linera may agent me. When I get tame from ggtangfield, I fetal that some ultra Democrat# (emeus them tie Senator free Jackson) charged ee vita Iwvia, .old out to Oov. T.to. tor . c Ih b c o to ,o t. ".m-fi Truly tfa. lit. of • politician i. I»d,«d • round by ttero.,

On th. outaid. of th. auvalop. it t u d for tfe. laudar. oddr.m i m . g,

8**M. M*y 2/M. Apologiain, f«r bain, . traitor."20 9hi* lattat U Jcr portent for several reasons. First, it allows the division in the Democratic

party. Green was obviously having problems with other Democrats, problems

which lingered from the session at Springfield. Second, it shows the close

relatiaasfcip Green had with Ogden, a Republican. Whether due to the Cana-

dian trip or work on the railroad, these sen had respect for each other,

respect which transcended party lines. Finally, this letter, along with the

one printed in the tribune, makes the sost dresietic stateaent thus far about

leadership m d cris is. It has already been pointed out that arbitrary ar-

rest ’as wrong because it aadf a mockery of our legal system, and in doing

ao. aggravated the crisis in Illinois. These letters show just how such

Senator Grew is visHiy hurt, defensive end scared. He wrote nasiy people

end talked to a n y others begging theft for their confidence. In one week, a

proud ami had been lowered te such a level. Yates* propaganda nachine,

which skisted to isolate and politically defeat the Democrats, precipitated

a Democratic witch hunt. In e crisia. the wewst thing e leader can do is

blindly accuse the legitimate opposition of treason. It plays on people's

basest enotiefts. It is danagoguecy. It it wrong. It destroys the inao-

eent, like 1msrsr Green. It never leads to constructive decision-asking or

rational judgment, of ell the poor leadership samples this study provides,

this is the greatest. The orrest of Senator Green by General Burnside, and

the subeefsiaat gloating by the Republican leadership through their journals,

violated every notion of intelligent crisia nmigmant. This stretegr cer­

tainly hurt Illinois, by creating apeeked sense of crisia.

On hey 4th, G r a m received hie trial. General Buford issued the fol­ lowing order from Cairo explaining the results

If. H. Green of Metropolis, Massac County, Illinois and G. W, Well, of Duqtioin, terry County, Illinois, arrested by the provost mar­ shal on the Bind of April, having each h a m required to take the oath of allegiance to the halted States, end each having written a 143

letter to the commander of the post confessing the acts for which they were arrested, with the expression of regret for the sane, and the promise in future to conduct themselves as loyal citizens; and also having filed, at these headquarters, letters giving evi­ dence that they have not aided deserters, but of having encouraged enlistments, are hereby released from arrest.21

The situation could probably not have been more humiliating for the sincere

Senator, He had to swear to a loyalty oath and confess to crimes. It is

disgusting that the Illinois leadership treated him so poorly. Senator

Green would never recover frora this injustice. He lost respect from all

parties, and the loss of his leadership in the coming session would greatly

impair the Democrats from submitting their program.

Governor Yates

The Governor spent the better part of the interim period travelling

around the country. On March 5, 1863, he left for Washington, D,C. It was

the first time he had the opportunity to converse with President Lincoln and

the national leadership since the Democratic election victory in November

1862, The legislative session had been a close call for Yates, and he had

been developing contingency plans on how to deal with the hostile legis­

lators when they returned in June. All of the Republican State officers,

Governor Yates, State Treasurer William Butler, Secretary of State Osias

Hatch and Auditor Jesse Dubois had written a letter to Lincoln on March 1st suggesting that four regiments of battle-hardened troops be returned to

Illinois "under the pretext of recruiting" to declare martial law and dis­ perse the legislature.22 The idea had originally been proposed by General

John Palmer, who wrote to Yates on February 9th saying "the only mode of reassuring our people" would be a military force stationed in Springfield.23

Yates had dispatched falmer to see Lincoln about this idee before his visit, 144 and the President responded with a joke* rejecting the request on the spot.

Yates evidently intended to follow up Palmer's visit and his own letter with

a visit of his own. Although no evidence exists explaining Lincoln's reac­

tion* he probably took Yates no store seriousiy than he had in 1862* when

Lincoln refused to over-react to Yates' claims of insurrection. Yates re­

turned to Springfield on March 30th without an army. This whole episode

shows Yates' continuing desire to use repression instead of conciliation.

Even Lincoln realised the folly of these ideas.

The next stop on the Governor's tour was a month's visit with Illinois

troops on the Western front in late April and early May. Richard "Soldiers

Friend" Yates mingled with his army* giving speeches of victory. Apparent­

ly* the speeches were of a relatively non-political nature, stressing Union and patriotism. Yates truly enjoyed being with the troops* and must have

felt more at ease with them. In the Peoria Mail. a Democratic paper* a soldier wrote*

Gov. Yates possesses a great degree of popularity in the entire army* and the plain and palpable reason is that in his connection with the soldiers of Illinois he divests himself of all partisan feeling and does what a majority of Republican leaders at home preach in theory and violate most rascally in practice. *

This is an interesting quote, for obviously the troops were not totally informed on the political situation in Illinois. Yates was* of course* leader of the "rascals" and cause of many problems. Yet* his rapport with the soldiers was probably very real* and he earned their respect.

After reviewing troops at Millikan's Bend* Perkin's Plantation and other sites around Vicksburg* and mingling with many generals including

Logan* McQernand* Hovey* and Grant* Yates became ill. He got diarrhea which turned into a bloody dysentery* and he was laid up at Memphis until 145

late May, whan he returned to Springfield to recover in tine for the legis­

lative session.

The Suppression of the Chicago Tines

After the arrests of "traitors" like Senator Green, General Ambrose

Burnside decided to suppress opposition papers as well. In an order Iron

his district command in Cincinnati on June 1, 1863, he ordered Gen. Jacob

Amman, the Illinois district commander stationed at Canp Butler, io close

down the Chicago Tines. Burnside, in his order, said the paper published

"repeated expression of disloyal and incendiary statements."^ On June 2nd,

Mr Storey, the editor, applied to Judge Drummond of the U. S. District

Court for an injunction to stop the dosing. In considering the applica­

tion, Drummond issued a temporary restraining order against the army. In

defiance of the court order, howevc.. Captain James Putnam, comaander at

Camp Douglas, with a force of several men, took possession of the Times'

offices at 4*00 in the morning on June 3rd. Judge David Davis, U. S. Cir­

cuit Court Judge and Lincoln's former campaign manager, was called in to

rule on the injunction, and resolve this dispute between military and civil

authority. While this was going on, a mob had gathered at the Chicago Trib-

une to protest the repression of freedom of speech. A group of citisens

including William B. Ogden, Senator Trumbull and Isaac Arnold gathered to

see what could be done. It was decided to telegraph Lincoln to allow the

to publish, for the sake of peace in the city. The Times published on

June 3rd and 4th, Said the Tribune about the Times. "As the matter stands it is a triumph of treason. The minions of Jeff Davis have won a victory by which they will not fail to profit."** In essence, the Tribune, a newspa­ per, was making a mockery of freedom of the press, a basic right it should 146 have appreciated the Boat. In the meantime, Judges Davie and Drumond de­

ferred the injunction, thus shutting down the Times. In a statement which

sounded like Governor Yates1 message, Druaaond wrote, "When there are mili­

tary operations going on— when there are armies in the field in hostile

array • . . then the civil law ceases and then comes martial law."27 And, with that, Drummond justified a military takeover of an American newspaper.

These moves asserted more military authority than Lincoln was willing to

support. Burnside was informed that "the irritation produced by such acts

in his [Lincoln's] opinion is likely to do more harm than the publication would do."2® The Times, however, remained out of print, but for only one day. On June 4th, Burnside ordered Ammen to allow the Times to operate by

revoking the original military order. 147 NOTES

1. Chicago Tribune. February 17, 1863.

2. Illinoia State Register. February 13, 1863.

3. Chicago Tribune. February 20, 1863.

4. Davidson and Stuve', A Complete History. p. 890.

5. Cbic*8Q Tribune. March 3, 1863.

6. Chicago Tribune. April 23, 1863.

7. Illinoia State Register. April 15, 1863.

8. lliiaoio State Register. April 16, 1863.

9. Illinoia State Regieter. February 26, 1863.

10. Illinoia State Register. March 30, 1863.

11. Illinois State Register. May 26, 1863.

12. Illinoia State Register. May 26, 1863.

13. Illinoia State Regiater. March 17, 1863.

14. Chicago Tribune. April 23, 1863.

15. Chicago Tribune. April 24, 1863.

16. Commissioners to Canada to the Governor General of Canada, March 10, 1863. Illinoia State Historical Library Collection.

17. Chicago Tribune. April 27, 1863.

18. Illinoia State Register. May 2, 1863.

19. Chicago Tribune. May 5. 1863.

20. William H. Green to William B. Ogden, May 2. 1863, Ogden Papers, Chi­ cago Historical Society.

21. Illinois State Regiiter. May 6, 1863.

22. Butler. Hutch, Dubois and Yates to Lincoln, March 1, 1863, as quoted in Nortrup JI*L8. p. 30.

23. Palmer to Yates, February 9. 1863, as quoted in Nortrup JISHS. p. 30.

24. Chicago Tribune. May 18, 1863, 148 25. Davidson and Stuvrf* A Cospietc History, p. 892.

26. Davidson and Stuve'* A Complete History, p. 893.

27. Davidson and Stuve#* A Complete History, p, 894.

28. Stanton to Burnside* June 1, 1863* quoted in Nortrup Thesis* p. 287. CHAPTER V

The Second Sessions The Prorogation of the Illinois State Legislature of 1863 The Session Resumes

As the legislators returned from their lengthy break, not much had

happened to sway public opinion, thus most returned with similar attitudes.

The only war news was from Vicksburg, where great battles had left many more

wounded soldiers from Illinois than before. Honey to help them was a neces­

sity. The Chicago Tribune blamed State Treasurer Alexander Starne for hold­

ing up the money to these troops, but Starne refused to pay out illegally

appropriated funds. Said the Tribune.

Take the case before us: Indiana, Iowa, Wisconsin and Ohio are hastening forward their parties of relief.•.But where is Illi­ nois? ••.When the inmates of the overcrowded hospitals groan in agony for the air of hore and the ministrations of love, lot the Treasurer and his confederates tell them why they groan and die in vainl*

This was not a trumped up concern. The battles had produced many wounded.

General Hurlbut telegraphed this message to the Gove^nr. Without any other

recourse, since the legislature was not in session to appropriate new funds,

Governor Yates and some wealthy Republicans put out the necessary funds to

charter steamers to get the wounded. Yates intended to ask the legislature

l.t.r for r«iBbur.tt*nt..2 Sine. th«r« were f*v oth.r ia.u.s to d.nl with,

both parties expected a short session of only a couple of weeks.

Wounded Soldiers

The Senate had a quorum on June 2, 1863 and began deliberations. Wil­ liam Green (O-Massac), as if to vindicate himself of disloyalty charges, made a motion to appropriate $50,000 for sick and wounded soldiers, and that

L. 0. Erwin, William H. Anderson and T. W. Kantril be appointed to distrib­ ute the funds. William H. Underwood (D-St. Clair) moved to make the amount

$100,000, and that motion carried. Needless to say, all the men suggested 350 151 $100,000. and that motion carried. Needless to say. all the men suggested

to handle the funds were Democrats. On June 3rd. the House had a quorum and also immediately took up the wounded soldiers issue. Melville W. Fuller (D-

Cook) proposed a bill appropriating $100,000 for wounded soldiers, but his bill specified Charles H. Lanphier, Johi T. Stewart and Colonel John Nil- liams as agents to disburse the funds. Interestingly, Williams was a Repub­ lican. The House bill was sent to Committee and his name was scratched and

Democrat William A. Turney was slated in place of him. It was alleged that

Senator Vandeveer (D-Christian) had colluded with Fuller to purposely intro­ duce a bill in opposition to Green's, so Vandeveer could replace Green as

Democratic leader in the Senate.^ When the bill was returned from Committee in the House, the two bills had been fused. The men in Fuller's bill plus

Governor and State Treasurer were called Commissioners. The men in Green's bill were called agents, the men who would actually carry the money to the troops. The bill passed the Senate. The House rejected i*. however, be­ cause Governor Yates was a Commissioner. But that was ironic because Gover­ nor Yates said he would veto the bill if it passed since the other Commis­ sioners were Democrats.

The Chicago Ship Canal Convention

In the continuing effort to develop a trade route through Canada, a convention of prominent businessmen, legislators and other officials was planned to meet in Chicago and discuss the feasibility of various proposals designed to connect the Great Lakes with the Mississippi River. Although

Congress had rejected one such idea, the citisens of Illinois did not give up the fight. To represent the Illinois State Legislature, delegates were chosen by the House and Senate. On June 2nd. the Senate voted to send Lt. 152

Governor Hoffman, William B. Ogden (R-Cook), Alonso Hack (R-Kankakee) and

John T. Lindsay (D-Peoria). On June 3rd, the House chose Simeon P. Shope

(D-Fulton), M. Morrill (D-Hancock), Alexander E. Wheat (D-Adams), Elijah H.

Haines (R-Lake) and Ansel B. Cook (R-Cook) as delegates. Governor Yates was

invited to attend but declined due to his illness, from which he was still

recovering. He sent an extensive letter to the Chicago Tribune, however,

outlining important reasons for developing a ship canal across Illinois. He

wrote about potential British markets for Illinois farm products, as well as

the military importance of connecting the Lakes with the Mississippi. He

said the same spirit which made the Erie Canal possible would make this

canal possible as well.^

Congressional Apportionment

On the first day of the session, as expected. Governor Yates returned

the apportionment bill to the legislature with his veto. In his veto mes­

sage he said, "I do not perceive that the districts established by said act are so properly formed and proportioned, as regards to population and terri­

tory, as they might be, or as they are under the present law."^ This was a ridiculous assertion, since the present law only apportioned thirteen con­ gressmen, not the fourteen allowed. The passage of this bill had been part of a great Senate compromise, which saved Yates from embarrassing legisla­ tion. To veto this and send it back to the Democratic legislature was strange. Since only a majority vote was needed to override a veto, it was clear the vote totals would be with the Democrats. The veto of this bill was symbolic only. On June 3rd, the first day possible, the House overrode

Yates' veto. On June 4th, the Senate did the same, making the apportionment law. 153 Chicago Times

On June 3rd, resolutions were introduced into both houses condemning

the suppression of the Chicago Times, a crisis which had yet to be resolved

in Chicago at this point, Horatio Vandeveer (D-Christian) introduced the

scathing denunciation in the Senate, while Melville Fuller (D-Cook) intro­

duced the sane resolution in the House. In response to Vandeveer, William

Underwood (D-St. Clair) introduced a moderate resolution against the Times

suppression, which outlined the importance of a free press in a democracy.

His resolution was not strong enough for the Democrats, and was ignored. In

a great debate, the House on the 3rd voted 47 to 13 to pass Fuller*s resolu­

tion.6

After the issue had been solved successfully, John T, Lindsay offered a

resolution complimenting Judge Drummond of Chicago for his handling of the

case. After President Lincoln's name was added to the Judge's by amendment,

the resolution was passed.

Appropriation Bill

On June 3rd, the Clerk of the House sent a message to the Senate that

bill #202, reported as passed in February did not pass due to an error.

Thus, an appropriation bill was needed. On June 8th, the Senate passed the appropriation bill again. This bill had in it the contingent fund and usual expenses, similar to bill #203 passed in February, The only difference was a slight reduction in the Adjutant General's office budget; however, this was not a serious deviation. The House, once again, sat on the appropria­ tion bill and it never came up for debate. This really complicated the 154 budget situation, since the Governor literally had no funds which were legally appropriated to use.

The Wabash Railway

This bill was another great scandal in the 1863 Illinois State Legisla­ ture. The bill was titled, ”An act to incorporate the Wabash Railway Com­ pany.” The title was conceived oy its Democratic writers to convey the deceptive idea of a railroad in the Wabash region of the State. The spon­ sors were Chicago businessmen, led by boss W. C. Goudy, who wanted to legal­ ize a monopoly over track in Chicago to get incredible returns. The bill provided for the exclusive construction of horse railways through eighteen of the principal streets of Chicago, across four of its most important bridges, and on any common highways in either or all of the towns of South

Chicago, Hyde Park, Take, Worth, West Chicago, Lyons, Jefferson, Cicero and

Proviso adjacent to the city, and from time to time the railway would have rights to change, enlarge or extend the location of the rails. It allowed the corporators to impose and collect such tolls as it should fix, without restraint from i:he Chicago City Council. Basically, this would have been an immense monopoly, and a great deal for the owners. To further the decep­ tion, the bill was introduced by William Green (D-Massac) into the Senate in

January. He raised the bill as a courtesy issue, and it was read by title and passed. No connection to Chicago was assumed by anyone. The recess until June had delayed reading in the House, and saved the bill from sliding through.7

Over the recess, Jasper Ward (R-Cook) and Ansel Cook (R-Cook) had found out about the bill and brought it to the attention of the press. Melville

Fuller (D-Cook), Goudy*s ally in the legislature, tried to sneak it through 155 as soon as the session began in June, but he was stopped. The Chicago Demo­ cratic Machine began an intense lobbying effort to pass the bill. The Chi­ cago City Council came to Springfield to lobby against it, and even some

Democrats questioned the motives of Green and Fuller. Finally, on June 8th,

Fuller again tried to raise the issue. Albert Burr (D-Scott) moved the bill to a third reading. After little debate, by a vote of 57 to 5, the bill passed. This was not a partisan issue. Although all Democrats voted for the bill, the Republicans were divided 5 to 5. Apparently, a lot of payoffs and deals were made to push through this bill. W. W. Sedgwick (R-DeKalb), a

Republican supporter of the bill, defended his vote by saying, "There was quite a general feeling at the time, that the main opposition to the bill arose from the present horse railroad company in Chicago, who of course would prefer not to have competition, but would rather monopolise the busi­ ness*"® He did not, however, raise the issue of why the Chicago City Coun­ cil did not 0et control over this issue. He only pointed out that many

Republicans were out of the chamber at the time of the bill's passage* The only Republicans to oppose the bill were Horatio Burchard (R-Stephenson),

Ansel Cook, William Ginther (R-Cook), Amos Throop (R-Cook) and Joseph Under­ wood (R-St. Clair). Governor Yates promised to veto this bill, an obvious attempt by the Democrats to abuse their majority* This was necessary, especially since in the Senate, Ward had tried to recall the bill by sus­ pending the rules, which failed, so the bill stood passed.

The Prorogation

The legislature really did not have any issues to deal with in the June session* The key issue, the appropriation bill, looked as if it would never pass* It was still held up la the House and had not yet come up for debate* 156

There was no point in passing anti-Lincoln resolutions, since the Louisville

Conference had not formed, and the introduction of such resolutions would

have compelled the Republicans to deny the legislature a quorum. The legis­

lators decided to ready themselves for adjournment. Most thought that set­

ting an adjournment time would compel each party to expedite the little

business that was left. On June 3rd, Washington Bushnell (R-LaSalle) had

proposed a sine die adjournment on June 10th. On June 8th, this resolution

was taken up in the Senate by Alonso Mack (R-Kankakee), who moved to insert

the words "at 12 o'clock" into Bushnell's proposal. This passed. On the

10th, with adjournment only hours away, members needed more time to finish

business. So, Albert Mason (D-Knox) moved to amend the resolution by in­

serting "June 16th, at 12 o'clock." On a vote, this was defeated 4 to 17.

So, Horatio Vandeveer (D-Christian) moved to insert "6 o'clock this day"

which passed 14 to 7. Now, according to the constitution, both houses had

to agree on a common time for adjournment, so the Senate proposal of that

day at 6 o'clock went over to the House. The House could either approve or

deny the request.

While the Senate was discussing adjournment, the House had attempted to work on the appropriation bill. Luther W. Lawrence (R-Boone) moved to sus­

pend the rule, and take up the appropriation bills passed by the Senate.

Melville Fuller (D-Cook) moved to lay the motion on the table, which was

done by a strict party vote of 46 to 16. As the Chlcaao Tribune commented,

"This vote demonstrated a determination on the part of the Democrats not to

pass any appropriation bills."9 Apparently, before this time Yates had been

searching for a way to do away with the legislature, but this gesture on the

10th particularly incensed him because it appeared the General Assembly would leeve without giving him funds, and this move would be intentional. 157

By an amazing twist of fate, the House opened the door for Yates to elimi­ nate it.

When the Senate adjournment resolution hit the floor of the House, a barrage of amendments wert proposed to change the 6 o'clock adjournment time, Charles A, Walker (D-Macoupin) moved to insert "June 22nd, at 10 o'clock a,m," John Monroe (D-Vermillion) moved to insert "June 19th at 10 o'clock a.m." Elijah Haines (R-Lake) moved to insert "June 12th, at 10 o'clock a,m," Then, James Smith (D-Union) moved to lay the issue on the table, which was voted down 27 to 32. Scott Wike (D-Pike) moved the pre­ vious question on Walker's proposal, which passed 45 to 21. On the vote on the resolution, the House voted to adjourn on June 22nd by a vote of 51 to

13.^ This created a problem. The House returned the resolutions to the

Senate, asking the Senate to reconsider their chosen time of adjournment.

When this message reached the Senate floor, instead of proposing to concur with the House, Jasper Ward (R-Cook), no doubt with some advice from Gover­ nor Yates, moved to adjourn the Senate immediately. With William Underwood

(D-St, Clair) and W. A. J. Sparks (D-Clinton) absent, a strict party vote of

12 to 10 adjourned the Senate, with both houses having not concurred on an adjournment time. Realising what was about to happen, the Republicans were excited. As the Chicago Tribune reported.

Lieutenant Governor Hoffman fairly went into ecstacies, and as he hurriedly passed out of the Senate chamber he remarked to a gen­ tleman standing by, "Now, I guess we will adjourn," evidently meaning that the Governor would take the matter in hand and pro­ rogue the Legislature at his will. 1

The events moved quickly from this point. Hoffman left the chamber to re­ port to Yates that the legislature was split on when to adjourn. Yates had been waiting for this moment, and had a prepared message of prorogation ready. It has been suggested that Yates had written a long indictment of 158 the legislature in his message, and the Lt. Governor changed it into the

form that it was read.1^

At noon when both houses reconvened for the afternoon, the Democrats

were ready to receive a greater surprise than the appropriation bill swindle

which ended the first session. In the House, Colonel Hirschback, the Gover­

nor's private secretary, appeared and was announced by the door-keeper.

Without the recognition of the Chair, again occupied by Albert Burr (D-

Scott), he proceeded to read the following, somewhat hurriedly, but in a

clear, loud voice:

"Message— To the General Assembly of the State of Illinois: — Whereas on the 8th day of June, 1863, the senate adopted a joint- resolution to adjourn sine die, on said day at 6 o'clock p.m., which resolution, on being submitted to the house of representa­ tives, was by them amended, by substituting the 22nd day of June, at 12 o'clock, in which amendment the senate thereupon refused to concurs and whereas the constitution of this State contains the following provision, to wit: 'Sec. 13, Art. 4. In case of a disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time ail he thinks proper, provided it be not to a period beyond the next constitutional meeting of the same.' "And whereas 1 believe that the interests of the people of the State will be best subserved by a speedy adjournment, the past history of the assembly holding out no reasonable hope of benefi­ cial results to the cititans of the State, or any in the field from its further continuances "Now, therefore, in consideration of the existing disagree­ ment between the two houses, with respect to the time of adjourn­ ment, and by the virtue of the power vested in me by the constitu­ tion as aforesaid, I, Richard Yates, governor of the State of Illinois, do hereby adjourn the general assembly now in session, to the Saturday next preceding the first Monday in January, A.D. 1865. "Given at Springfield, this 10th day of June, A.D. 1863. Richard Yates, Governor"13

Throughout the reading of the message, Burr had pounded his gavel to rule Hirschback out of order, but the secretazy read on. Following the message, Melville Fuller began to speak, trying to continue the session, he called the action by Yates illegal. Burr remarked that the secretary had not been respectful, and that consequently the prorogation was illegal, and 159 that business should continue* The Republicans left the chaaber. Samuel

Buckmaster (D-Madison) resumed the Chair, but seeing the Republicans all walk out, he took the gavel and threw it on the floor, exclaiming, "Well, there's no use talking, this Constitution is defunct*" He then also walked out. ^

In the Senate, the situation was just as chaotic* Exactly at noon, as

William Green was about to speak, Lt* Governor Hoffman took out the message and began to read it* After finishing, he declared the session adjourned and left the Chair* William Underwood was called to the Chair, but only eight Senators responded to their names, for the Republicans had followed the Lt* Governor out*

Before commenting on the legality of this action, it is essential to first understand more clearly Yates' motivations for doing what he did*

Prior to his decision to dismiss the legislature, Yates had met with Lt*

Governor Hoffman, Adjutant General A* C. Puller, Secretary of State Hatch,

Auditor Dubois and Colonel Forrest. Essentially, Yates had decided long ago to prorogue the legislature. There was not particular incident which pro­ voked the action* He just seised upon the moment. Primarily, Yates was still upset at the peace resolutions and military commissioners bill, which he felt had interfered with his power as Commander-in-Chief over Illinois troops* Yates noted the legislature had "a disposition to embarrass the government" and was interfering with his power of appointment. Also impor­ tant in Yates' consideration was the legislature's personal discourtesy in refusing for two months to print his message at the start of the session.15

Basically, Yates had grown weary of opposition. He wanted his own show and did not want to answer to anybody. As he wrote to A. C* Puller immediately following the prorogation, "... all is now perfectly harmonious . . . all 160

is right and quiet at the Capitol.1,16 Yates felt he could sleep easier, now

that he had eliminated the forum of the representatives of the people. The

people paid quite a high price for Yates* comfort. They had to withstand a

true perversion of the democratic system. Great leaders see opposition as a

challenge, a challenge to be overcome by superior ideas. Yates saw opposi­

tion as a nuisance. Yates' action is incomprehensible, even given the war

conditions. Disbanding the legislative branch of government is an assault

on the very foundation of our nation. It is a far greater abuse of the

constitution than the state's rights secession of the South. The Illinois

troops were not fighting the war for Richard Yates. They were fighting for

a system of government, a way of life— -a special kind of Union. While they

were fighting, the Soldiers Friend, Richard Yates, was undermining the Amer­

ican style of democracy. This country is lucky that Richard Yates was only

a governor during the Civil War crisis, and not a wielder of greater powers.

Reaction To The Prorogation

Tbe Republican reaction to Yates was exuberant. They felt the Governor had saved the state from great evils, and would go down as a courageous individual in history. The Chicaao Tribune wrote.

The character and action of the majority had become so plainly Jacobin in their tendencies! what they had done and what they promised to do was so corrupt and demoralising, that the historian will record as one of the wisest and moat patriotic acts of Gover­ nor Yates, that when they finally gave him the power to squelch out ttair treason, he promptly did it. All honor to noble Dick Yates,1'

The Chicaao Tribune continued to justify Yates' actions by personally at­ tacking the character of the representatives. Said the paper. 161

The Republicans had given the Democracy every opportunity to pass all tha measures for the benefit of the soldiers, and for the carrying on of the Government of the State, but they refused to do anything, except pass swindling bills of one kind or another for the benefit of private individuals and corporation.*®

Essentially, the Republican felt that if the Democrats could not pass a

Republican program, they should not pass any at all. This is not terribly

enlightened politics.

The Democratic reaction focused on the legality of what Yates had done.

Most historians who write about this incident assume the Democrats made some

fatal parliamentary error which brought about their own demise. Although

they were politically inexperienced, no man experienced in democracy could

have foreseen Yates' action of prorogation. The notion of disagreement on adjournment time was undefined in the constitution. Yates made his own definition in assuming that the House and Senate had fulfilled the require­ ments of the clause in question. The Illinois State Register made this point:

In the legislative history of this country there cannot be found a precedent that will justify the assumption that the Governor of a State can take action upon or recognise any act whatsoever of a Legislature until he is officially informed of it. No such dis­ agreement as the constitution contemplates had taken place. There had been no committee of conference appointed, even with a view to reconcile the disagreement, and neither house had communicated to the Governor its action upon the resolution of adjournment. How, then, did he know that any such rekulution had been offered and voted upon?19

The Republicans responded to this by insisting no precedent was needed, the constitution was clear, and Yates followed its terms. Technically they were right, yet Yates had unduly stretched the term disagreement to suit his own purpose, and had resolved the disagreement by picking an adjournment time which was hardly a compromise to settle the differences between the two houses. In this case, however, might made right, and there was little the

Democrats could do. 162

The Republican members of the Legislature wrote a letter to the state,

which was printed in many Republican papers to defend their stand. Written

on June 11th, it listed all the legislation the Democrats had passed or

delayed which they believed to be bad. Pointing out all the detrimental

effects of the Legislature, they concluded by saying.

Let the indignation of a loyal people fall with crushing weight upon representatives who have purposely and corruptly refused to perform their duty. We believe our brave soldiery and loyal peo­ ple everywhere will vindicate us, and that history will record as we have written it.20

While this historian recognizes the flaws in the Democrats' policies, the

Republicans cannot be vindicated for the prorogation. This history cannot

write the record in support of this action, for even though Democratic par­

liamentary maneuvers were wrong, prorogation was undemocratic, and that is a

far worse evil.

The "Rump" Legislature

It was widely believed that the Democrats wanted to continue the ses­

sion until the Democratic party convention, which was to occur on the 16th

of June. After the Republicans left, the Legislature tried to conduct busi­

ness. In the afternoon session on June 10th, 13 Senators were present, all

being Democrats. In the House, 44 Democrats were present. These numbers,

of course, constituted a majority in either house, but it was well short of

the two-thirds quorum necessary to conduct business of any kind. All that

Article III, Section 12 of the constitution provided for a body without a quorum was the right to adjourn from day to day and officially compel other members to attend.21 So, the Democrats tried to make do as best as they could. 163

Prior to the prorogation* the House had adopted a notion to form a

conference committee to reconcile the differences upon the soldiers $100*000

relief bill. This was offered with the agreement that the House would vote

to allow the Governor and Treasurer to sit as Commissioners* which they had

earlier rejected. Although it appeared that this bill would pass* the

prorogation prevented it from reaching the floor. So, the Democrats of the

House and Senate adopted a joint resolution to invite enough Republicans

back to pass this much needed measure. The Republicans refused this offer*

thinking the Democrats were only using this as a ploy to get a quorum back.

The Republicans were probably right* since there was plenty of time to pass

this bill earlier. Yet* as was always the case with the 1863 Legislature*

despite whoever was at fault for holding up this legislation* soldiers in

the field went without care.

Immediately after the prorogation, just as the Republicans wrote a letter defending their side* the Democratic representatives all signed a protest against the action* pointing out all the legislation which had been defeated by Governor Yates* since these issues were on the verge of passage.

These included the bill for the sale of coin and the payment of interest in treasury notes* an appropriation for the State Normal University* the general appropriation bill and the appropriation for the erection of a monu­ ment to Stephen A, Douglas,^

This rump legislature kept up the session technically following June

10th, The roll call was avoided so as not to have it appear from the jour- nals that a quorum was not present* and thus the legality of their acts would turn upon the validity of the prorogation. Additionally* the Gover­ nor's prorogation message was omitted from the journals* since the Democrats did not recognise it. In its place they put their protest letter. On the 164

23rd and 24th of June, business was transacted. No one really stayed for

this session. Only Sam Suckmaster, Melville Fuller, Ambrose Miller and

Charles Keyes showed in the House, while Colby Knapp and John T. Lindsay

showed in the Senate. In the Senate, Lindsay moved that in the future the

House consist of five and the Senate consist of two members. It was less

expensive to the state, and less annoying to the members. Knapp seconded

the motion. Republicans accused them of meeting only to help the cause of

the Wabash Railway, an issue tied up in the courts. On June 24th, the Gov­

ernor was informed that the legislature was about to close, and he was asked

if he had any further communication to lay before them. He replied that he

had no business because he did not recognize their legal existence. A joint

resolution was then passed, taking a recess until Tuesday after the first

Monday in January, 1864, The Legislature of 1863 was over by all counts.

The Democratic Convention

On June 16th, the Democrats began a major convention. Attending were

all the party leaders who met early in January including General Singleton,

Sam Marshall, H. K. S. O'Melvany and Senator Richardson. The war news had

changed drastically, Lee had invaded Pennsylvania and the Democrats feared

he would march on Washington. This made the rift in the party between peace

and war Democrats even greater. A war on Northern soil demanded action.

Most Democrats, including General Singleton, seemed to favor continued

prosecution of the war.2^ At the main meeting day on June 17 th, about

10*000 people showed up to hear a series of speeches. No speaker in light

of Lee's invasion spoke out against the war. The Democrats touched on less controversial concerns, like freedom of speech and freedom of the press.

Richardson and Dick Merrick denounced Yates as a greater tyrant and usurper than Oliver Cromwell.^6 This was, of course, a reference to the proroga­

tion, Some Democrats wanted to pass peace resolutions as scathing as those

passed by the ouse in the legislature, yet most people thought that would

be a bad position to take. While the resolutions ultiu rely passes reques­

ted a constitutional convention to create a compromise between North and

bouth, the resolutions did not attack Lincoln. The main resolution passed

drew a distinction between offensive and defensive war, toning down the

rhetoric from the legislature. It read:

Resolved, That the further offensive prosecution of the war tends to subvert the constitution and the Government, and entail upon this Government all the disastrous consequences of misrule and anarchy. 1

Finally, so as not to appear unpatriotic, the conventioneers took donations

for sick and wounded soldiers, since no appropriation was made in the legis­

lature. The Republicans did this as well, so each party could say they

really supported the troops.

Essentially, this convention was the last stand of the Democratic party

in Illinois for many years. In July, Gettysburg and Vicksburg would be the

site of great Union victorias. With those successes, the peace cause

dwindled in support. People realized the Union would be victorious, and

could impose a solution without negotiation. The mistake of the Democrats

was to misjudge Lincoln and his ability to win the wer. At the time, how­

ever, their position was not at all absurd. It is only the course of his­

tory which has vindicated the Republicans. The Democratic party left the

convention bitterly divided. Although they had agreed on some resolutions,

they had disagreed more. A consensus was never achieved on the party level, atata level or national level. The crisis was simply too great. And, in

the case of the leaders of Illinois, the leadership was too poor. 166 The Supreme Court Meets

Since the Supreme Court of Illinois had few meetings during each year, it was not until November 1863 that they were called upon to rule on the legality of the prorogation of the legislature. Before analyzing the case and decision, it is essential to understand the national situation under which the Court met. On July 3, 1863, Union forces had overwhelmed the

Confederates at Gettysburg, and Lee had retreated. The following day Vicks­ burg surrendered to Grant following the long siege. The Confederacy was declining in power. The military defeats signalled to Europe that the North would win the war, so vital aid was withheld from the South. In Richmond,

Jefferson Davis was having political problems. In the Fall Congressional elections, the South sent many anti-Davis representatives to Richmond, Also in the Fall, the West was secured by the Union forces with the occupation of southeastern Tennessee. In other words, the outcome of the war was nearly secures it was just a matter of time. In the North, Republicans had success in the municipal elections of 1863, indicating a switch in the mood of the people. The prorogation was ancient history. The Democrats knew their cause was lost before the case began. The best comparison to the Supreme

Court in this case is the United States Supreme Court decision involving

Lincoln's habeas corpus violations in ex-parte Milligan. In that case, the war was over. The victory had vindicated Lincoln of any wrong. There could be no major decision attacking Lincoln. The people revered him too much at that time to tolerate such a decision. The decision in that case ruled

Lincoln was wrong, but it was couched in so many complimentary terms that the decision really had no long term implications as far as precedent is concerned. Basically, history had made the decision in the Milligan case, just as the events of the period would influence the Supreme Court of 167

Illinois. The decision in the prorogation case was an attempt to sweep the whole question under the rug.

In November 1863, the Supreme Court held its meetings in Mt. Vernon,

Illinois. The Supreme Court travelled to different cities throughout the year to cover the State. The Court consisted of three judges, each of whom could be considered very moderate Democrats. Although this case is not indicative of their talents as jurists, they were each exceptional men, and they commanded the respect of the entire legal community of Illinois. The justices were Sidney Breese, Pinkney H. Walker and Chief Justice John D.

Caton. For some reason. Judge Caton did not attend the Mt. Vernon session, and so the two other judges heard the case. Both Republicans and Democrats were willing to accept any decision. As the Illinois State Register report­ ed, "Chief Justice Caton did not attend the session at Mt. Vernon, and hence the important cases are to be decided by Judges Breese and Walker. The subject is in the hands of able and incorruptible jurists, and the people will cheerfully acquiesce in their decision."28 The Supreme Court was real­ ly dealing with two different cases, which were decided together.

The first case was the Wabash Railway issue. In this case, Thomas

Harless, one of the owners of the Wabash Railway Corporation, sued the Sec­ retary of State, Osias M. Hatch, for failure to release the appropriate documents legalising the corporation. The issue was argued as follows.

Since the Legislature passed the bill for the Railway on June 8th, che Gov­ ernor, according to the constitution, had ten days, with the exception of

Sundays, to return it with a veto to the General Assembly. If the Legisla­ ture, by being out of session, prevented a veto from being returned within ten days, then the Governor was obligated to return the veto on the first possible day, or else the bill became law. Thus, the legality of the proro­ 168 gation vaa tested. The journal indicated an adjournment of the day on June

10th, the day of prorogation• Then the journals of both houses were silent until June 23rd, when business was transacted on both the 23rd and 24th*

Harless claimed that since the Governor failed to return a veto message on these days, the bill should be a lav* Hatch claimed that the Governor had a veto prepared, but there was no session to which to return the veto, so the bill should be held up* In this case, Melville Fuller (D-Cook) acted as chief counsel for Harless*

In presenting his case. Fuller pointed out that the Governor had actu­ ally prepared a veto message on June 19th, and that it had been sent to the

Lt* Governor in DuPage County, and then sent by messenger to Springfield on

June 20th* The Secretary of State held the veto message through the session on June 23-24*^ On June 25th, the Wabash Railway Company began business and requested its corporation charter* On October 15th, the Secretary of

State admitted to holding the charter, and necessary fees to incorporate, but he refused to release them to Harless. Fuller argued that the Supreme

Court should issue a writ of mandamus to force Hatch to release the papers to incorporate the Wabash Railway, since the bill had become law*

The second case was much easier to understand in principle* Since the

Democrats believed that the session of the 23rd and 24th of June counted,

Charles A. Keyes (D-Sangamon) requested that his per diem allowance for attending those two days be paid* He had requested his two dollars from the

State Auditor, Jesse Dubois, who had refused to pay since he did not recog­ nise the legitimacy of the sessions on June 23rd and 24th. W. C. Goudy and

Lyle Dickey acted as counsel for Keyes, while Rlijah Haines (R-Lake) served as one of the lawyers for Dubois* Goudy asked for a court order to force

Dubois to pay Keyes, and the other sen who attended that session, their per 169 diem allowance. The important aspect of both of these cases is that the

Democrats were arguing that the session of June 23rd count as being legal, not that the prorogation was illegal. This may seem like a fine line to draw, yet legally it made a big difference. If the Democrats won their cases, the prorogation would be illegal in consequence. The Democrats could still lose their cases, however, and the prorogation could still be illegal.

It was this line that the Court took, and by doing this the Court avoided long-term ramifications. The two justices wrote separate opinions.

In his opinion, Justice Walker tried to define the nature of adjourn­ ment. He wrote, "I am, therefore, of the opinion that a joint resolution formally adopted and spread upon the journals is not indispensable to the termination of the session . . ."30 Basically, he gave a number of examples where adjournment could take place without the usual process. In the final analysis, he hit on Article III, Section 19 of the Constitution, which pro­ vided that, "Neither house shall, without the consent of the other, adjourn for more than two deys . . ."31 In other words, he considered an absence of record on the journals for a considerable period of time to constitute ad­ journment. Wrote Walker,

Then applying this rule, when the governor asserted his right to adjourn the session, if the two houses acquiesced in it, the court would not say that it did not produce an adjournment, unless it was clear that such was not the effect. It is true that the ses­ sion might terminate, and yet the governor have no constitutional power under the circumstances to adjourn the body. But the course of the two houses acting upon the governor's suggestions in dis­ persing and not again coming together, would show that both of these branches of the government understood the session to have terminated.32

This is an interesting argument. Walker said Yates' message of prorogation was wrong because the Governor cannot adjourn a legislature, yet because the legislature was not in session, according to the journals, for such a long period, the General Assembly adjourned itself. Walker faulted the Democrats 170

for not entering in the journal an official desire to get a quorum. Al­

though they had unofficially invited Republicans back to discuss soldiers

relief money, they had not officially put this invitation in the record any day after June 11th. Walker assumed the members gave up, and accepted ad­ journment. Taking this further, he said that since the houses had adjourned for more than two days, it had to be a sine die adjournment, since any amount of members could perform day to day adjournments. Thus, on June

23rd, when some members returned, the session had ended and could not be revived. He thus denied both court order requests, deciding in favor of

Hatch and Dubois.

In his opinion. Justice Breese agreed with Justice Walker. He said that Keyes, in presenting a certificate of attendance to the Auditor, was not automatically entitled to money. The Auditor had the right to verify if a session took place. Since the journal is the only record of this, Dubois made the right decision in denying money, since an adjournment had occurred, for the same reasons Walker had outlined. Wrote Breese,

The journals must show proceedings to establish a legislative session. The journals do not show any proceedings from the tenth to the twenty-third of June, consequently there was no legislative session during all that tim^ Nor do the journals show a meeting of a quorum of each house on the twenty-third, nor that there was any vote taken on the tenth to adjourn to that day, nor do they show an adjournment from day to day by a less number than a quorum. The journals must show these things affirmatively. No presumption can be indulged against the journals. By their very silence in these respects, they speak a negative too distinctly to be misunderstood. 9

Concluded Breese on the Harless case, if there was no session, then the

Governor could not return the veto. Thus, he ruled in favor of Hatch and

Dubois as well. In concluding, he agreed with Melville Fuller that the prorogation was unconstitutional, but the legislators, by obeying an uncon­ stitutional order, adjourned themselves. 171

Although the Justices heard the esse in November, a decision was not

handed down until December 12, 1863* The opinions quoted above were not

released until the first week in January 1864, a long time from the proroga­

tion itself* The Republican press was naturally overjoyed at the decision*

Yet, the decision was often interpreted in historical writing to be a vindi­

cation of Governor Yates. It was not. He was found to be an abuser of

executive power, and rightly so. Yet, through the back door, the Justices

were able to condemn Yates without opening up problems about the state of

the session if it had not been adjourned. The Democratic press knew the

battle was lost and accepted defeat. The Illinois State Resistor had

changed hands. Lanphier, the old editor, had sold the paper in November

1863, probably realizing Democratic propaganda would be a hard sell in the

times of Union victory. The new editor wrote about the decision saying,

...And while we condemn the unwarrantable exercise of this pre­ tended power by the governor, we should not lose sight of the fact that another and a very different question was presented to the supreme court by the members scampering off to their houses in obedience to the unlawful requirement of the governor, instead of firmly doing their duty of remaining in their seats, and promptly vindicating the fights of their constituents in resisting execu­ tive encroachments.

So ended the 1863 Illinois State Legislature and all the problems that went

with it. The Court had spoken, and the decision was accepted.

Conclusion

With the Supreme Court decision behind them, the people of Illinois

forged on with the war. The Union victories had made everyone forget about

the Copperheads and dissent. Since the Copperheads had represented a losing cause in history, the proponents of that doctrine were often forgotten as well. The Democrats would not regain for many years a majority in the State 172

Legislature* In the 1864 elections, the Republicans would win overwhelming-*

ly, capturing majorities in both houses of the legislature. In the House,

they would have 51 to 34 votes, and in the Senate 14 to 11. Since they had

the majority, Richard Yates would be elected Senator, to replace William

Richardson, whose term had expired. The Republican majority also sustained

the Governor’s veto of the Wabash Railway. If the greatest lasting effect of the legislature had to be picked, it would probably be that it made everyone question the notion of executive power, and how it should be used.

It is interesting to note that when the State of Illinois formed a new constitution in 1870, the framers made sure no governor would be able to prorogue a legislature so easily. In that document, Article V, Section 9 readt

"In case of disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being cer­ tified to him, by the house first moving the adjournment, adjourn the general assembly to such time as he thinks proper, not beyond the first day of the next regular session."

To this day, the Constitution of the State of Illinois has this same word­ ing, all as a result of Governor Yates' action. The 1870 Constitution was written primarily by Republicans. They must have realised the problem with the old clause, which opened the government to arbitrary executive power.

There is an old saying that everything turns out all right in the end.

Such may be the case with the Illinois State Legislature of 1863. The war was won and the state survived. However, one must not be misled by the happy ending. One must understand the Civil War for what it was— a crisis.

It was a crisis because people could not achieve a consensus. If the dy­ namics of crisis management are to be understood, it is essential that in any situation the whole spectrum of opinion is examined, for that is the only way to :ruly appreciate what happened. The fact that the war ended 173 successfully is not what is important* The important point is that these

men failed to deal with the crisis, and because of their lack of leadership

and lack of respect for each other, they were forced to rely on the crutch

of war to solve their differences. The Illinois State Legislature of 1863

must not be remembered as a triviality. It must live on in memory, as a

testament for all those who need to deal with a trup crisis. It must live on as a great failure, a failure to deal with a crisis. NOTES

1. Chicago Tribune. Hay 30, 1863.

2. Chicago Tribune. June 1, 1863.

3. Chicago Tribune. June 5, 1863,

4. Chicago Tribune, June 5, 1863.

5. Illinoia State Register. June 3, 1863.

6. Chicago Tribuna. June 5, 1863.

7. Davidaon and Stuva', A Complete History, p. 888.

8* Chicago Tribune. June 12, 1863.

9, Chicago Tribuna. June 11, 1863.

10. Lusk, Politics and Politiciana. p. 160.

11* Chicago Tribune. June 11, 1863.

12. Bareni, Elmhurst, p, 144.

13. Hoaas, Illinoia Historical. pp. 683-4.

14. Chicago Tribuna. June 11, 1863.

15. Yates' apaach in Chicago. July 13, 1863, aa quotad in Nortrup JISHS 33,

16. Yataa to Fullar, Juna 10, 1863, as quotad in Nortrup JISHS. p. 33.

17. Chicago Tribuna. Juna 11, 1863.

18. Chicago Tribuna. Juna 11, 1863.

19. Illinoia Stata Ragiatar. Juna 11, 1863.

20. Chicago Tribuna. Juna 13, 1863,

21. Hoaaa, Illinois Historical, p. 1085.

22. Davidaon and Stuva’, A Complete History, p. 898.

23. Davidaon and Stuva, A Complate History, p, 898,

24. Chicago Tribuna. Juna 26, 1863.

25. Chicago Tribuna. Juna 17, 1863. 175

26. Chicago Tribune, June 18, 1863.

27. Illinois State Register, June 19, 1863.

28. Illinois State Register. November 21, 1863.

29. Marshall D. Ewell, Illinois Reports, Volume 33, November Term 1863 thru January Term 1864, Callaghan & Company, Chicago, 1877, p. 33.

30. Ewell, Illinois Reports, p. 129.

31. Moses, Illinois Historical, p. 1085.

32. Ewell, Illinois Reports. p. 130.

33. Ewell, Illinois Reports, p. 156.

34. Illinois State Register. January 10, 1864. APPENDIX

What Happened to the Participants of the 23rd General Assembly 177

Introduction To Appendix

The Illinois State Legislature of 1863 vas certainly a major event in

the lives of its participants. After the seasion, some faded into obscur­

ity, while others made great names for themselves. The effect of the ses­

sion was greatest on Democrats, who lost politics! credibility which wmm

hard to overcome. This section is included, however, mostly because after

becoming so acquainted with these people, curiosity made it necessary to

trace the balance of their lives. Here, then, is the rest of the story.

Michael Brand

(Democrat, Representative, 60th District)

The only office held by Brand after the session appears to be 19th Umsd

Alderman in Chicago, He held the position from 1872 to 1874,

Lorenao Brentano

(Republican, Representative, 61st District)

After his t e n in the legislature, he served on the Chicago Board of

Education, He was eventually elected its President, He was also a presi­ dential elector for Grant in 1868, After a general amnesty was granted to participants in the 1848 revolution by the government of Baden, he revisited his native country in 1869, Brentano returned to Chicago after the fire.

In 1872, he was appointed U, S, Consul at Dresden in Saxony, a position he held until April 1876. At that time, he was elected to the U. S. Congress on the Republican ticket. He died in 1891.1 178

Samuel A* Buckmaster

(Democrat, Representative, 16th District)

Alter the session, Buckmaster, like many Democrats, faded into relative obscurity. In 1876, he vas again elected to the State House, In 1878, he made a run lor the State Senate, but lost. He died days alter on November

13, 1878.2

Albert G. Burr

(Democrat, Representative, 24th District)

Alter the session, it vas tough lor Democratic leaders to get respect politically on more than a local level. So, in 1866 and 1868, Burr vas elected to Congress from his still Democratic district. In 1868 he moved to

Carrollton, Illinois, He practiced lav until 1877, vhen he vas elected circuit court judge. He vas re-elected in 1881, but could not serve out his term. He died on June 10, 1882,^

Washington Bushnell

(Republican, Senator, 17th District)

Bushnell continued to be an influential Republican folloving the ses­ sion, In 1864, he vas re-elected to the Senate. In 1868, he continued his role as a public attorney by being elected Illinois Attorney General, a position he held for one term until 1872. Alter that, he returned to Ottava to practice lav. He became wealthy, investing in many Ottawa businesses like banks and railroads, Bushnell died on June 30, 1885.* 179 Seldon M. Church

(Republican. Representative, 55th District)

After the session. Church stayed active in state Republican politics.

Governor Yates1 successor. Governor Palmer, appointed him to be State Con-

missioner of Public Charity in 1868. Governor Beveridge reappointed him in

1873. Church was responsible for organising the Rockford Water-Power Com­

pany. He also was a community leader, contributing money for education,

especially at the Rockford Female Seminary.^

Ansel B. Cook

(Republican. Representative. 59th District)

In 1864. Cook was elected to a second term. It was his investigation

in that session that removed state prisoners from private control to the

direct control of the state, where it remains. In 1866. Cook returned to

Libertyville due to poor health. He built a home in the center of town. In

1867. he became Supervisor of Libertyville Township and in 1868 was elected

to the State House from Lake County. Cook returned to Chicago after the

fire to build. From 1871 to 1877, with partner William Price, he built several blocks. In 1876 and 1877, Cook became 11th Ward Alderman in Chica­ go, and was elected City Council President primarily because he built City

Hall. In 1881, Cook, after the death of his wife, moved to New Hampshire where he remarried. After the death of his second wife, he returned to

Libertyville in 1889. In 1892, he remarried again. Today, his home is the library of the Libertyville-Mundelein Historical Society.6 180

Francis A. Eastman

(Republican Representative, 61st District)

After the session, Eastman returned to Chicago. He served on the

school board of Chicago from 1866 to 1868, while his old colleague, Lorenso

Brentano, was President of the board. Eastman's big claim to fame in his­

tory came from his service as postmaster of the city of Chicago. He served

in this position from April 30, 1869, to February 15, 1873. During the 1871

Chicago Fire, Eastman, who lost $60,000 in personal property including his

home during the fire, kept working. He evacuated the Post Office to Bur­

lington Hall. The Post Office was totally damaged, but not a single letter

wsj lost and not a delivery delayed because of the fire. After the fire,

Eastman reorganised the Post Office, dividing the city into 122 carrier

districts for efficiency.7

John Nelson English

(Democrat, Representative, 22nd District)

In 1867, English sold the farm he had worked since the 1863 session,

and he moved to Jerseyville. In 1872, his wife of 32 years died. He remar­

ried in 1875 at the age of 65.8

James M. Epler

(Democrat, Representative, 25th District)

After the session ended, Epler had probably the most outrageous experi­ ence out of his colleagues. In 1864. he departed on a year long trip. He went to the Pacific coast and followed it down into Central America and back. In 1865, he returned home to practice law. In 1866, he teamed up in practice with the highly respected William Brown. Also in 1866, he was 181 elected to serve in the State Senate* He was married in 1867 and had three children.9

Melville W. Fuller

(Democrat* Representative* 60th District)

Alter the session* Fuller vowed never to hold elective office due to the attack he took Iron the opposition. Yet* of all the nen covered in this study* he would become the most famous. He attended the 1864 Democratic

Convention. He then concentrated on law* becoming a great advocate in front of the Illinois Supreme Court. He fought many key cases for important indi­ viduals. In 1870* Fuller argued his first case before the U, S. Supreme

Court* which led to many others. He became head of the Chicago Law Insti­ tute in 1874* succeeding Goudy. In 1872, he had supported Greeley for

President* and was embarrassed by the subsequent defeat. He swore he would never do anything political again. In the late 1870s* Fuller became especi­ ally close to Judge Breese of the Illinois Supreme Court. Fuller delivered a memorial address for Breese at the Illinois State Bar Association* Ob­ viously* no hard feelings existed from 1863. In 1886, Fuller j m elected president of the State Bar Association. In 1884* Fuller had campaigned for

Cleveland* unable to stay out of politics. He became friends with Cleveland

through H. C. Goudy. Often at the Supreme Court* Fuller would stop by the

White House occasionally* Cleveland wanted to appoint Fuller as Chairman of the Civil Service Commission or as Solicitor General* but Fuller refused both offers* Fuller did* however* advise Cleveland on many legal matters*

On March 23• 1888, Chief Justice Waite died and Cleveland wrangled over deciding upon a successor* Goudy and Fuller were considered* but Fuller's record was cleaner. After bipartisan support emerged* on May 5. 1888* Ful­ 182

ler accepted the appointment as Chief Justice of the U. S. Supreme Court.

In confirmation hearings. Fuller faced two key obstacles; First, national­

ly, he was unknown; second, his 1863 war record was uncovered, and like

President Cleveland, he came under attack for disloyalty. The New York

Tribune o£ May 7, 1888 reported, "The records of the Illinois legislature of

1863 are black with Mr. Fuller's unworthy and unpatriotic conduct • • • Let

us hope that no Senator . • , will tolerate a Copperhead as Chief Justice of

the United States,"*® Yet on July 20, he was confirmed. He became a great

justice, maintaining impartiality and writing key opinions. He served for

26 years, the third longest term in history. He died on July 4, 1910 of a

heart attack, having earned the respect of his fellow justices, as well as

people everywhere.**•

Isaac Funk

(Republican, Senator, 10th District)

Isaac Funk, in 1864, built a large home in Funk's Grcve, the town that built up around his huge farm. Unfortunately, he only slept in it twice.

Ha died on January 29, 1865 after returning from the Senate in Springfield.

His wife died four hours later out of grief. He was survived by nine child­ ren, who continued the family business. Today Funk International is one of the largest seed distributors in the United States.*2

William C. Goudy

(Democrat, U. S. Senate Candidate)

After the session, Ooudy's political power within the Democratic party grew. The Wabash scandal did not touch him, yet it was revealing of his character. Highly corrupt, he grew wealthy fast. He became law partners 183 with Melville Fuller, and he became the power behind the Chicago Democratic party. In 1886. he became General Solicitor for the Chicago and Northwest- ern railroad. It waa hie influence with President Cleveland that got hia partner Melville Fuller appointed Chief Justice of the United States Supreme

Court. Goudy died on April 27, 1893,^

William H. Green

(Democrat, Senator, 1st District)

The charges of treason had hurt Green a lot. His political reputation was tarnished. He finished out his term in the Senate, fighting ratifica­ tion of the thirteenth amendment. On January 20, 1863, he madj a moving speech in opposition to Colonel Mack, the amendment's main advocate. He said the amendment violated the principle of states rights, and in doing so hurt the beauty of the Constitution,

Before closing, Mr. Speaker, I desire to place myself exactly right upon this question. In voting against the resolution I distinctly avow that wy vote will not be given with any purpose to preserve slavery. TWo years ago, in this chamber, I declared that I expected that institution to have an ends and that whenever the negro race has been improved so far as they were susceptible of improvement by our civilisation and religion, some future Moses would arise who would lead them away from their present abode, with the consent of the white man, down into the broad savannahs of the equatorial region, where, in a country veil suited to their physical organisation, they might, perchance, become recognised among the nations o ; the earth. And the events I then predicted may have been hastened by the civil war. The negro must pass from our midst— either as the Indian has passed away, or by leaving the country in a rapid exodus to a region where they may be free from contact with the white race, I shall be influenced by other mo­ tives in voting against this resolution. In doing so I shall not only support the views of most of our departed statesmen, but I will preserve, so far as in me lies, the corner stone of the demo­ cratic party. For if that party here yields up and deserts its old doctrine of state rights, its mission is finished, and the sooner it is dissolved the better. But I shall d i n g to the old ship as long at a spar or a mast remains. 184

This is :Se speech of a truly broken man. In 1863, he had moved to

Cairo, escaping Metropolis, the city of his arrest. In Cairo, he started

with a partner the law firm of Green and Gilbert. In 1865, he was elected

judge of the Illinois Third Circuit Court, a position he held for three years. His wife died in 1865, and he married her sister in 1868. He lived

in Cairo, practicing law, until his death.**

Elijah M. Haines

(Republican, Representative, 53rd District)

Haines1 political exploits in the State House in subsequent sessions are the most colorful stories of the period. After the war, Haines became an Independent. Under this label, he was elected in 1870, 1874, 1882, 1884 and 1888 to the House. In 1875, Haines was elected Speaker by Democrats and

Independents, but he ruled arbitrarily and authoritatively, sending the

House into chaos. The session produced fewer laws than any in forty years previous to it. After that session, it was amasing that Haines got another shot at the Speakers Chair. But in 1885, the 34th Assembly consisted of 76

Democrats, 76 Republicans and Haines as the lone Independent. The Democrats supported him for temporary Speaker, hoping to gain his support for election of another Democrat as Speaker. Haines, however, ref ised to give up the

Chair by recognising motions for elections for a Speaker. Finally, the

Democrats voted to support him, after a long fight. The House was again chaotic. Haines had also served as a delegate to the 1869-70 Constitutional

Convention, where he championed the cause of women's suffrage well before it had much support. He continued to write as well. In 1868, he wrote The

American Indian, which is still an authority for Indian place names in Illi­ nois. He also founded the Lake County Patriot and the Lemal Advisor, two 185 newspapers. His brother John Charles Haines was mayor of Chicago and a

State Senator. Elijah Haines died during this last House term on April 25,

1889.15

Francis (Franz) A. Hoffman

(Republican, Lt. Governor)

After the session, Hoffman continued to be a banker, lawyer, real es­ tate broker, politician and newsman. The 1871 Chicago fire was hard on him, destroying his home and bank. He developed a rebuilding program for the city, which brought in Eastern money. The so-called HHoffman Plan” was successful. In 1875, he moved to Jefferson, Wisconsin, selling his home in

Cottage Hill, DuPage County, where he had lived off and on since the 1850s.

He bought a farm, and he began publishing the German paper, Haus and Banern- freund, which had eventually 80,000 subscribers. He was asked in the 1890s to run for governor of Wisconsin, but he refused. He died in 1903 and is buried in Jefferson.**

Colby Knapp

(Democrat Senator, 11th District)

In 1864, Knapp moved from Middletown to Lincoln, Illinois. He opened a dry goods store, which be sold after 2 1/2 years. He only held one addi­ tional political office, and that was mayor of Lincoln, in 1869.*^

Alonzo W. Mack

(Republican, Senator, 18th District)

In 1864, Mack was re-elected to the State Senate. On January 16, 1865, with Republican friends Lt. Governor Hoffman, Jesse Dubois, Colonel Vorrest 186 and Charles Dana, Mack founded the newspaper the Chicago Republican, He was

appointed publisher. In May, the first issues were printed; however, the

paper could not compete with theChicago Tribune. The paper was sold in

1866, and when the new owners came in, Mack left. This endeavor shows the

link between Hoffman, Forrest and Mack, who were obviously close. This

relationship was advantageous in the General Assembly in 1863. After 1866,

Mack practiced law in Chicago until his death on January A, 1871.18

Ambrose Miller

(Democrat, Representative, 20th District)

In the 1863 session, Dr. Miller had gained the respect of his Demo­ cratic colleagues. Re-elected in 186A, he was the Democratic nominee for

House Speaker in 1865. From 1866 to 1868 he served as President of the

Logan County Medical Society. Also in 1866 he took a position on the Lin­ coln Board of Education, an office he held until his death.^

William W. O'Brien

(Democrat, Representative, 36th District)

Following the session, O'Brien became at more renowned Democrat, In

1868, he lost the Congressman-at-Large race to John A. Logan, which essen­ tially meant h« was at the top of the Democratic ticket. In 1872, he de­ clined another run at Congress, in order to practice law. On September 2A,

187A, O'Brien moved to Chicago to begin the firm of O'Brien, Barge and Dixon with two partners. 187

William B. Ogden

(Republican, Senator, 24th District)

After the session, Ogden, old but with continued vigor, managed the

Northwestern Railroad. In June 1868 he retired from its presidency, In

1871, the Chicago fire destroyed much of what he had built, including his

home. After the fire, he moved back to New York to retire. On August 3,

1877, he died in loscobel, New York, although he will always be remembered

as a Chicago pioneer and longtime resident.^

Thomas J. Pickett

(Republican, Senator, 21st District)

After the session, Pickett served out his time in the army. Following

the war, he moved to Paducah, Kentucky, where he became editor of the Repub­

lican Journal. Pickett also continued his activity in the Masons, a group

in which he had served as Illinois Grandmaster,^

William A. Richardson

(Democrat, United States Senator)

Richardson continued to serve in the Senate until 1865* when his term

expired and the Republican majority appointed Richard Yates, the man he beat

in 1863. The political tide had swept men of his ideology away. He re­

turned to Adams County, where he served on the County Board of Supervisors,

At the age of 65, on December 27, 1875, he died of a stroke. Richardson was

truly one of Illinois' great man of the period, Unfortunately, he often

stands in the shadow of his contemporaries Lincoln, Douglas, Yates, Trumball

and Grant. 23 188

Leander Smith

(Republican, Representative, 48th District)

In 1864, Smith was again elected to the legislature. In 1865, he

opened a bank in Morrison, remaining President the First National Bank of

Morrison until his death. In 1876, he actually moved to Morrison. He died

there on August 5, 1B89.2*

John T. Springer

(Democrat, Representative, 27th District)

After his service in the legislature was up, he continued the practice

of law until 1883. He then became President of the First National Bank of

Jacksonville from 1883 to 1897. In 1896, he left the Democratic party, for reasons unknown. During the latter part of his life, Springer did a little writing about his California mining experience. He wrote two novels, Frank and Lillian and Golden Era.25

John Thomas

(Republican, Representative, 15th District)

After the 1863 session, Thomas was re-elected to serve in the House in

1864, 1872 and 1874, He became a wealthy farmer. By 1868 his farm was

4,000 acres. His wife died in 1868, so he sold the farm. Then at the age of 75, in 1875, he remarried. There is no evidence on how married life was for the colonel at such a ripe age.26 189

Amos 6. Throop

(Republican, Representative, 59th District)

After the session, Throop continued to operate the family business. He

owned and operated the Chicago South Branch Canal Company, which had a canal

on the South branch of the Chicago River between Rolker and Rucker Streets,

In 1866, Throop served as Treasurer for the city of Chicago, from 1876 to

1880, he was 11th Hard Alderman. Since each ward had two aldermeUi ttttoop

served with his old colleague, Ansel B, Cook, who held the job from 1877 to

1879, Amos Throop. who was born in 1811, died in 1894.

William H. Underwood

(Democrat. Senator. 5th District)

After the session, in which he had really individually prevented pas­

sage of the peace resolutions, he continued to be very pro-Union, In 1864.

he wrote in his diary.

There is a proposed amendment to the constitution to prohibit slavery in the States and Territories, The sooner it is passed the better. We have tried for many years to have peace with slavery and without success. In twenty years the slave states will bound forward in prosperity and they will thank God for their deliverance from such bondage, 7

He continued to gain the respect of all of Illinois' leaders. In 1869. he was selected as a Constitutional Convention delegate. His impact on the docuMnt ••• .o gr,.t that th. totlnafild Kv.nln, Journal of March 10. 1*70 wrote, "William H. Underwood may properly be styled 'the father of the Con­ vention1 • . In 1870, he returned to the State 8enate for only two years. He continued to practice lav until September 23. 1875, when he died aftit a stroke, His death was narked by the Illinois Supreme Court, with

•ech judge eulogising Underwood on the record, a practice usually reserved for Justices only. In his remarks. Judge Joseph Gillespie said. 190

He vti an Invaluable member of tha legislature. perfectly cogni­ sant of everything that was transpiring around hie. He had a remarkable aptitude for framing the organic laws of a community. He was, I may say. the prominent figure in the Convention that framed the Constitution of 1870. Although it contained the best talent in the State. Underwood's handiwork is. however, visible everywhere in its formation, 9

He died leaving a wife and eleven children.

Horatio H, Vandeveer

(Democrat. Senator. 7th District)

Vandeveer continued his distinguished legal career following the term in the Senate, In June 1870 he was elected judge of the Tenth Judicial

Circuit, In 1873. he was re-elected to a six year term. During this time he had run a bank in Taylorville under the name of H, M, Vandeveer and Com­ pany, He died on March 12. 189A,30

Thaddeus B, Wakaman

(Republican. Representative. 54th District)

After the session. Wakeman returned to McHenry County to serve as

County Superintendent, a position he held from 1863 to 1868, Wakeman was also a State Senator from 1866 to 1868, He died in 1882,31

Jasper D. Ward

(Republican. Senator. 25th District)

The only other political position held by Ward was Representative to the U. 8, Congress, which he held from 1873 to 1874. Otherwise, he con­ tinued his practice as a highly successful Chicago attorney. 191

Scott Wike

(Democrat, Representative, 24th District)

Wike had proven to ba a great legislator, speaking veil and introducing key legislation. He was re-elected to the State House in 1865. He contin­

ued balancing law and politics. Wike served in the 44th and sist U. S.

Congresses, where he performed ably as s legislator.32 192 NOTES

1. Brentano biography at Chicago Historical Society.

2. Redmond, Mr. Speaker, p. 40.

3. History of Greene and Jersey Counties, p. 667.

Encyclopedia of Biography of Illinois, p. 219.

5. U. S. Biographical Dictionary, p. 449.

6. Mogg, Cook Families, pp. 7-11.

7. Andreas, History of Chicaao. p. 389.

8. U» S. Biographical Dictionary, p. 327.

9. U. S. Biographical Dictionary, p. 603.

10* Thi W»r Record of Melville W. Fuller. New York Tribune, Melville Fuller Papers, Chicago Historical Society, 1888, pp. 6-7.

11. King, Melville Weston Fuller.

12. Dvis, Good Old Times, p. 588.

13. BatM.ii, Hlatotical Encyclop.dlt of n i i n o l a . p. 204.

u, g. Bloaraphlcal Dictionary. p. 781.

15. R.daond, Hr. I p w kit. pp. 47-50.

16. Barana, Blahurit. pp. 131-147.

17. 0. 8, Bloaraphlcal Dictionary, p. 208.

18. Andraaa, Hlatoty of Chicaao. p. 497.

19. U. 1. Bloaraphlcal Dictionary, p, no.

20. U. 8, Bloaraphlcal Dictionary. p. 504.

21. Arnold, Faraua Hi.torleal B.rlaa. pp. 5 . 32-33.

22. M. 8. Bloaraphlcal Dictionary, p. 205.

23. V. ». Bloaraablcal Dictionary, pp. 602-3.

24. h a r d w K U ot Bloaraohy of llllaola. p. 223. 193

25. Historical Encyclopedia of Illinois ed. Newton Batesan, History of Morgan Co.. ad. Willlan Short. Munsell Publishing Co., Chicago. 1906. p. 947.

26. U. S. Biographical Dictionary, p. 724.

27. Needles, Underwood, p. 8 .

28. Needles, Underwood, p. 1.

29. Needles, Underwood, p. 11.

30. Historical Encyclopedia of Illinois. History of Christian Countv no. 999-1001.

31. History of McHenry Co., Illinois, p. 264.

32. Biographical Album of Pike and Calhoun Counties, p, 782. 194

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The Pacification Resolutions: Speeches of Hon, Albert G. Burr and Hon. Mel- villa N. Fuller in the Committee of the Whole, Illinois House of Repres­ entatives, February 11, 1063, The Chicago Times Book and Job rteam Printing Establishment, Chicago, 1063.

Speech of Hon, William H, Green on the Proposed Amendment of * federal Con- stitution Abolishing Slavery in the State Senate, January 267 1865, Baker & Phillips, Springfield, 1865,

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