LlNCuLN AND PROHIBITION o CHARLES T.WHITE Class _XI Book L.2 . COPYRIGHT DEWSlk N- tj /=»« ABRAHAM LINCOLN IN 1862 ^LINCOLN AND PROHIBITION \ BY CHARLES T. WHITE Political News Editor New York Tribune Tas CommiaBioner of New York under Mayors Gaynor and Mitchel INTRODUCTION BY WILL H. HAYS Postmaster General of the United States WITH PORTRAITS AND DOCUMENTS "' THE ABINGDON PRESS NEW YORK CINCINNATI '-1 Copyright. 1921, by CHARLES T. WHITE ^' OCT 26 !92l ' Printed in the United States of Amerioa g)C!.A624995 ^ ^. To BISHOP LUTHER B. WILSON, D.D., LL.D. A Distinguished Representative of the Forces Triumphantly Battling for a Higher Standard of Thought and Life CONTENTS PAGB Preface 9 Introduction 15 D. H. Bates' Judgment on Genuineness of Merwin Documents 18 CHAPTER I. Liquor Drinking in the Lincoln Period . . 21 General Neal Dew's Testimony. II. Thomas Lincoln and Nancy Hanks 24 Sober, temperate, kindly people — Thomas Lincoln's prodigious strength — His fight with Abraham Enloe. III. Lincoln's Home Training 27 Prayer and Bible reading in the home — Total abstinence from liquor — Charles G. Le- land's comment. IV. Lincoln's "First Temperance Lecture" ... 30 He beats the champion weight-lifter — "If you wish^to remain healthy and strong," etc. V. Lincoln's Essay on Temperance at Seven- teen 32 Herndon, Lincoln's law partner, testifies. VI. Berry and Lincoln as "Grocery Keepers" 34 Stephen A. Douglas refuted at Ottawa — Leonard Swett testifies — Berry leaves crush- ing debt for Lincoln to pay. VII. The Washingtonian Movement 37 Lincoln the Springfield leader — Lincoln's let- ter to Pickett, "Recruit for this victory." VIII. Lincoln's Address to the Washingtonians . 40 "When there shall be neither a slave nor a drunkard." IX. Father Mathew 56 His visit to America in 1849 — Effect of his crusade. 6 CONTENTS CHAPTER PAGB X. Sons of Temperance 60 Origin, scope, and spread — Lincoln's address to delegation in 1863. XI. Lincoln and Pledge Signing 63 His temperance addresses in 1846-47 — Affidavits by signers — The Lincoln pledge. XIL Lincoln's Indorsement of His Pastor's Radical Temperance Views 65 He helps to print and circulate them. XIII. Lincoln and the Illinois Prohibition Campaign 66 His sympathy for the cause. XIV. The Illinois Prohibition Law and Its Authorship 69 Lincoln the framer of the prohibition law — Henry B. Rankin's comment — Paid counsel of the Maine Law Alliance — Shrewd provi- sions of the act. XV. Press Comments on the Dry Law 73 Stephen T. Logan a temperance worker — Passage of the law iu House and Senate — Prohibition parade in Chicago — Dry law beaten on referendum June 5, 1855, by fraud — An 1855 prophecy. XVI. Illinois Dry Law, February 12, 1855 79 Lincoln's senatorship contest coincident with prohibition campaign — Lincoln in 1855 walks six miles to make temperance speech. XVII. Cold Water Only at Springfield Notifi- cation 83 Lincoln refused to have liquors served. XVIII. The Prohibition Watch 85 Lincoln writes inscription and presents it to Merwiu in Chicago — Watch lost and re- covered. CONTENTS 7 CHAPTBB PAQB XIX. About Chaplain James B. Merwin and Lincoln 87 Merwin summoned by Lincoln to do temper- ance work in the army — Lincoln writes Merwin a pass — His work indorsed by Lincoln — Grenerals Scott, Butler, and Dix. XX. Lincoln and General Grant's Liquor Drinking 93 Liquor men make most of Lincoln's jest to Grant's detractors — General Rawlins' reproof to General Grant — Grant's self- mastery — Grant's estimate of Rawlins. XXL "Alcohol the Army Curse" 95 General Baker on liquor drinking in the service — Lincoln and Stanton fight it. XXII. Temperance and Discipline in the Ranks. 99 New York Evening Post notes Merwin's work in the army — Butler says, "Mission of Merwin will be of great benefit." XXIII. Lincoln Accepted Internal Revenue Act as War Measure 101 Hoped for its repeal after war was over. XXrV. Lincoln's Last Utterance on Temperance . 103 "The next great question" — Hoped to see his own prophecy fulfilled. XXV. Lincoln's Assassins a Drinking Set 104 His killing part of a larger plot — Booth intoxicated when he kiUed Lincoln. XXVI. Lincoln's Secretiveness and Caution 106 Testimony of Herndon, Davis, and Swett. XXVII. Crooked Elections for Fifty Years 109 XXVIII. In Conclusion Ill Roosevelt and the Lincoln portrait — Gov- ernor Black's eloquent tribute. 8 CONTENTS APPENDIX PAaB A — Chronology op Anti-Liquor Movement in America 113 B — General McDougall's Indorsement of James B. Merwin 140 C — The 1855 Prohibition Battle in Illinois History. 141 D — Merwin's Statement to the Writer 145 E — Banker A. J. Barer Confirms Merwin 150 F — Merwin's Letter to F. D. Blakeslee 153 G — Dr. Nathan Smith Davis, Pioneer Temperance Advocate 158 H — Ex-Secretary Robert T. Lincoln's Letter About Merwin 159 I — Lincoln and a Panama Canal 162 J — Text of Maine Prohibition Law 165 K — The Illinois 1855 Prohibition Law Framed by Abraham Lincoln 176 Authorities Consulted 228 Index 229 ILLUSTRATIONS Abraham Lincoln in 1862 Frontispiece FACma PAGE Lincoln in 1847 — His First Photograph 40 Father Theobald Mathew, Temperance Reformer. 56 James B. Merwin's Prohibition Watch 86 James B. Merwin's Army Pass, Written by Lincoln. 88 Facsimile Indorsements by Lincoln, Generals Scott and Butler, with Names of Petitioners ASKING TO HAVE JaMES B. MeRWIN DESIGNATED AS A Temperance Worker in the Union Army. Plates A AND B 90 General John A. Dix's Indorsement of Merwin AND His Work 92 Chaplain James B. Merwin 103 James B. Merwin's Pass for Himself and Driver . . . 148 PREFACE And when the victory shall 6e complete — when there shall he neither a slave nor a drunkard on earth — how proud the title of that land which may truly claim to he the hirthplace and the cradle of hoth those revolutions that shall have ended in that victory. — Lincoln to the Washingtonian So- ciety, Springfield, Illinois, Fehruary 22, 1842. The purpose of this book is to set forth in con- nected and logical form a brief but comprehensive record of Abraham Lincoln's efforts for the sup- pression of intemperance. Here for the first time is presented in perma- nent form documentary proof that Lincoln, in 1855, as counsel for the Illinois State Maine Law Alliance, wrote a drastic prohibition State law, which was passed by the Legislature, and on its submission to a referendum in a general election five months later failed of acceptance by a vote of 93,102 against the proposition to 79,010 in favor of it. The defeat of the prohibitory law was accom- plished by fraud, the safeguarding of elections at that time being ineffective. The liquor interests brought to pass bloodshed and riots, which in the city of Chicago were checked only by the declara- tion of martial law. 9 10 LINCOLN AND PKOHIBITION Mr. Lincoln was not a total-abstinence third- party political prohibitionist as the term is at present understood, but his directing genius as counsel in the 1855 State campaign was responsi- ble for one of the most brilliant political achieve- ments in the long battle for prohibition. There is no mistaking his moral or political direction. He was an ultimate prohibitionist, as he was an ultimate abolitionist. The anti-slavery extension movement and the Illinois senatorship contest in the winter of 1855, in which Mr. Lincoln was a leading figure and candidate, were co-related. They completely over- shadowed other things, so that while Lincoln and his friends fought valiantly for the suppression of intemperance, both before and after the defeat of the State prohibition law in June, 1855, the over- shadowing anti-slavery movement soon left the anti-rum battle little more than a memory. The record of the 1855 movement for State pro- hibition in Illinois includes documents, affidavits, and data by the late James B. Merwin, an associ- ate of Lincoln both in 1855 and during the Civil War. Merwin's data is used only so far as it will stand a rigid analytical test. He lost nearly all his Lincoln correspondence in the great Chicago fire in the early seventies. The documents saved amply substantiate Merwin's claim to fairly in- timate association with the President. Much of the Merwin matter — the portions not PREFACE 11 essential to a concise record — is carried in the Appendix. The writer's association with Mr. Mer- win was during the last year of his life. He was a cultured Christian gentleman, but in his last years [he died at 87] he was unmethodical and at times hazy in his reminiscences. The writer "checked up" on all of his leading statements. Those quoted successfully withstood the severest tests. The late Charles A. Dana, of the New York Sun, Assistant Secretary of War in the Lincoln admin- istration, in his admirable address to the New Haven Colony Historical Society on May 10, 1896, said of Lincoln : '^He was the least faulty in his conclusions of any man that I have ever known. He never stepped too soon, and he never stepped too late." The late Col. A. K. McClure, of the Philadelphia Times, whose insight into Lincoln's personality came from personal knowledge, said this: '^Mr. Lincoln gave his confidence to no living man with- out reservation. He trusted many, hut he trusted only within the carefully studied limitations of their usefulness, and when he trusted he confided, as a rule, only to the extent necessary to make that trust available." These two propositions should be kept in mind in the contemplation of Lincoln's participation in the prohibition campaign in 1855. He was paid by William B. Ogden, of the Chicago & North- western Railroad, and others for furnishing the 12 LINCOLN AND PROHIBITION "brains" of the campaign. He was a consistent fighter for temperance, but with his knowledge of political factors he doubtless was not surprised when the temperance people were robbed of a victory through intimidation and fraud. Abraham Lincoln was a man of God in the tru- est sense. Perhaps it was his firm reliance on God and his belief in an overruling Providence that inclined him toward the ministers. Henry Ward Beecher, Bishop Matthew Simpson, Phineas D. Gurley, Henry W. Bellows, and James Smith were among his advisers. The Lincoln student will do well to read about Lincoln and Father Chiniquy, a victim of conspiracy, and how Chiniquy was saved from going to prison in 1856 by Lincoln; also about Lincoln and Colonel James F. Jaquess, of the 73rd Illinois Regiment, a Methodist preacher, who in 1863, with Lincoln's knowledge and assistance, undertook a peace mission to the Confederate government. When these two signifi- cant incidents are analyzed, it will not appear sur- prising that Lincoln equipped the Rev. James B. Merwin with a pass written and signed by himself, supporting him through Generals Winfield Scott and Benjamin F. Butler, and kept him at work during the war talking temperance to the soldiers. If unusual prominence is given to Merwin's documents and data, it is because Abraham Lin- coln's interest in and activity for the prohibition of the sale and use of intoxicating liquor as a beverage have not hitherto been fully appreciated. PREFACE 13 This volume will serve a useful purpose if by presenting documentary proof it lifts Lincoln's interest in the suppression of intemperance to its proper level — to a plane of equality with objects deeply cherished by him. Included in the collateral matter in the Appen- dix are the Maine prohibition act of 1851, and the Illinois prohibition act of 1855 drafted by Lincoln, and reviewed by B. S. Edwards and Stephen T. Logan, the latter at one time Lincoln's law partner, and other Republicans of the Illinois Legislature of 1855. Lincoln used the Maine law to some extent as a basic guide, but the Illinois law was a much more perfect piece of legal mech- anism. The Illinois organization was called the "Illinois State Maine Law Alliance," Also in the Appendix will be found data with reference to the passage of the Illinois prohibition act and its fate in the referendum election in June, 1855. In- cluded also are reminiscences by James B, Merwin not essential to a concise record of Lincoln as a temperance man, and letters on the credibility of Merwin from Robert T, Lincoln, A. J. Baber, banker, and C. McDougall, medical director. De- partment of the East, U. S. A. In view of Presi- dent Lincoln's installation of Merwin as a tem- perance worker in the army — an innovation sup- ported by Generals Scott, Butler, and Dix — "character witnesses" for Merwin are superfluous, but they may be regarded as illuminating. Robert T. Lincoln's letter is included because of the writ- 14 LINCOLN AND PROHIBITION er's respect for Mr. Lincoln's all-around judgment. What he says does not conflict with documentary proof. The writer is the owner of the more important documents used in this volume. If their genuine- ness or purport is challenged, the lovers of truth may rest assured that only the truth is desired, as only the truth will survive. C. T. W. INTRODUCTION The one controlling motif of Lincoln's life was the consistent determination to do that which he thought was right, and it did not matter one whit how that course affected him, or anyone else, or anything. I affirm that to love truth for truth's sake is the principal part of perfection in this world. That, above all other things, this man did. He was honest in act, honest in word, and honest in thought. The crime of sham was not his. He recognized the perfidy of pretense and the wicked- ness of make-believe, and he abhorred them with the wholesome hate they merit. And just as this inherent honesty was his chief personal character- istic, so in like manner was that quality of patri- otism which moved him to measure his every act from his earliest manhood to the date of his death by how, in his good judgment, he could do the most for his country's welfare. This patriotism is our lesson. It was not the patriotism that was born of extremities ; it was not that fire, splendid as it is, which burns in the souls of men only when their country is in danger; his patriotism was not the patriotism stirred only by martial music. It was the patriotism of good citizenship, at the fire- side, the plow, the mart, in low places and in high places, in season and out of season; it was the 15 16 LINCOLN AND PEOHIBITION patriotism which caused him to make his coun- try's welfare his own business and to interest him- self continually in the practical politics of his community. Always he believed and acted the patriotism of j)eace as well as of war. What a heritage is the lesson of the patriotism of this man to the people of this country ! What a challenge is his entire experience to those smug individuals who are "too busy" or "too good" to interest themselves in public affairs; who sit with their hands folded, taking no part in govern- mental affairs, expecting everything to be right while they share no part in the burden ! Abraham Lincoln was never too busy or too good to take part in the practical politics of his community. Kecognition of Lincoln's true greatness has grown steadily since he died a martyr to a great cause, but none can fail to realize that during the past few years it has been enhanced mightily throughout the world. "There goes the spirit of Lincoln at the head," ejaculated the premier of England when he saw the advance guard of American soldiers sweeping forward over Flan- ders. And when the awful carnage ceased, the foremost of living philosophers, gazing apprehen- sively into the troubled future, murmured despair- ingly, "What Europe needs now is a Lincoln." If an Abraham Lincoln were and still may be the chief need of Europe, how much more surely should he be the guiding star of his own native land, the only land he ever knew, the only land he INTRODUCTION 17 ever loved, except as his great heart was ever filled with loving kindness for all mankind ! We have not the man, but we have his spirit ; we have his faith, we have his words: "History is the voice of God sounding across the centuries the laws of right and wrong," "Let us have faith that right makes right, and in that faith let us, to the end, dare to do our duty as we understand it." Will H. Hays, Postmaster General of the United States. JUDGMENT ON THE MERWIN DOCUMENTS The following statement is self-explanatory : New York, N. Y., Nov. 13, 1920. Charles T, White, of the New York Tribune, whom I have known for some years, has asked me to pass upon certain signed orders and documents of the Civil-War period pertaining principally to the activities of James B. Merwin. As manager of the War Department Telegraph Office from April, 1861, to August, 1866, I be- came familiar with the handwriting of many pub- lic men whose official dispatches were transmitted through the War Department. I do not under- take to explain the purport of the Merwin docu- ments. They furnish presumptive evidence that Merwin did useful work under the direction of President Lincoln, General Winfield Scott, Gen- eral Butler, and others. I recognize a number of the autograph signa- tures, and believe them all to be genuine, as well as the Merwin documents to w^hich they are ap- pended. D. H. Bates, Author of Lincoln in the Telegraph Office. God raised up Abraham Lincoln to lead. His wisdom is a legacy to the children of men. His humanity challenges human selfishness. In his life he was an aggressive, skillful, unrelent- ing foe of the liquor traffic. He looked for the day when there should no longer he in America a slave or a drunkard. In his death he was a martyr to the cause of Truth and Progress. His philosophy fits the American Present. CHAPTER I LIQUOR DRINKING IN THE LINCOLN PERIOD Indulgence in the use of spirituous liquor during the early part of the Lincoln period was quite universal. Its use and abuse were not pe- culiar to any locality. New England rum, gin, and brandy found their way to the remotest ham- lets of the United States. Town meetings, mus- ters, firemen's parades, cattle shows, fairs, and, in short, every gathering of the peojjle of a public or social nature resulted almost invariably in scenes which in the twentieth century would shock people into indignation, but which one hundred years ago were regarded as a matter of course. Private assemblies were little better. Weddings, balls, parties, huskiugs, barn-raisings, and even funerals were dependent upon intoxicants, while often religious conferences and ministerial gath- erings resulted in an increase of the ordinary consumption of liquors. General Neal Dow, the father of prohibition, in his Reminiscences, says that a clergyman, the Rev. Thomas Adams, who was pastor of a Congrega- tional church in Vassalboro in 1817, left the fol- lowing account of his observations when he first visited Maine: 21 22 LINCOLN AND PROHIBITION "In 1817 the common use of alcoholic liquors as a beverage was universal, and no one seemed to regard it as in any manner improper. No retail merchant thought of doing business without keep- ing alcoholic liquors for sale. When I com- menced housekeeping I purchased two pairs of decanters, and should probably have felt mortified when visitors called, or the meeting of the Minis- ters' Association came round, had they not been well supplied with the usual variety. I well recol- lect that, on settling a pretty long account with a merchant, he felt so well pleased at getting his pay that he requested me to bring over my gallon jug and he would fill it with brandy. Of course the thing was done." General Dow, commenting on the well-nigh uni- versal use of alcoholic beverages says : "Go into any old-time, long-established country store in Maine, get a look at the books, if you can, covering the period from 1820 down to 1835 and 40, and you will be surprised to find, as I have repeatedly found, that the majority of the entries are for liquor in some one of its many forms." General Dow quotes from D. R. Locke, of the Toledo Blade, a friend of Abraham Lincoln during the Civil War, as follows : "I was shown one set of books in a village near Portland of ante-prohibition times, which repre- sented a business in goods of all sorts. Eighty- four per cent of the entries were for rum. Boots and shoes, dress goods, sheeting and shirting, hats LINCOLN AND PROHIBITION 23 and caps and groceries, appeared at rare inter- vals, but rum was splotched over every page. Every village had its rum shops, and those of any pretensions scores of them. Lawlessness and order-breaking were common ; brawls and fighting were invariable on election days and all public occasions, and, in short, the State was demoral- ized as a State wholly given over to rum always is. It was the regular thing — rum, slothfulness, pov- erty and lawlessness." The foregoing is presented as perhaps nearly typical of American frontier life during the ear- lier part of the Lincoln period, before organized opposition to the rum traffic began to make itself felt. Thomas Lincoln and his son Abraham were frontiersmen. CHAPTER II THOMAS LINCOLN AND NANCY HANKS The early biographers of Lincoln, writing under the shadow of his towering personality and fame, have shown scant courtesy to Thomas Lin- coln, father of Abraham, and pity, rather than justice, to Nancy Hanks. In only one or two biographies are Thomas Lincoln and Nancy Hanks treated with an understanding heart. Thomas Lincoln, at the time he married Nancy Hanks, was a carpenter by trade, owner of a good set of tools for that period, and worked at his calling as skillfully as the average craftsman of his time. He was a man of character and probity, and at maturity was recognized as a sober-minded, melancholy-turned man, thoughtful and consid- erate far beyond his years. On June 12, 1806, Thomas Lincoln, aged twenty-seven, and Nancy Hanks, twenty-three, were married by the Rev. Jesse Head, a Methodist preacher and county judge. The ceremony was followed by a largely attended feast, following the custom of the coun- tryside. The first child, Sarah, was born in 1807. Nancy's dowry was an ordinary quantity of house- hold bedding and linen. The Lincolns were hon- est, frugal, generous, and helpful among their 24 LINCOLN AND FKOHIBITION 25 neighbors, kind and agreeable in the family, friendly, sociable, and hospitable. "When Thomas Lincoln and Nancy Hanks were married," says Dr. Robert H. Browne, a Lincoln biographer, ''they had reached full maturity, and were in the prime of mental and physical devel- opment, trained and seasoned in the knowledge and experience common among their fellow pioneers. They were sound-minded, able-bodied, healthy, well-grown people, without constitutional disease or infirmities. They had sober, temperate habits, resolute character, and were as free and independent as they were strong and healthy." Thomas Lincoln, though of medium size, was possessed of prodigious strength. He was good- natured, and slow to anger, but when imposed upon by some drunken bully or trouble-maker never failed to take care of himself, and invariably whipped the other man. The thorough trouncing he gave one Abraham Enloe, a trouble-making neighbor nearly a foot taller than himself, and the fact that Enloe came out of the battle scarred for life, probably had much to do with the Lincolns "pulling up stakes" and moving from the sterile soil of Hardin County, Kentucky, to the wilds of Southern Indiana, where the soil was rich, game abundant, and where there were no reminders of human slavery. "Nancy Hanks," continues Mr. Browne, "was a healthy, pleasant-appearing, confiding, shapely- fashioned, if not a handsome woman. She had 26 LINCOLN AND PROHIBITION more than an ordinary education and knowledge of affairs for her time. She could read, write, and cipher, and along with her cares and increasing responsibilities taught her husband these rudi- ments, and prospered him in many ways, helping him to be as well fitted for the business of life as any of his neighbors." Mr, Browne says that shortly after the Civil War he met an old neighbor of the Thomas Lin- colns near Elizabethtown, who said that Thomas Lincoln was an agreeable man, who often got the "blues" and had some strange sort of spells, and who wanted to be alone when he had them; that at such times he would talk about God and his sacrifices, and how there was a better land; that Nancy Hanks was "joyful" about the prospect of leaving Kentucky ; that young Abe was a "queer- ish" sort of a boy, and old for a six- or seven-year- old chap. "Taken all in all," says the historian, "there is more of Thomas Lincoln and more to his credit than can be found in the fathers of Penn or Wash- ington, the record of whose lives was fairly well w kept in their time." CHAPTER III LINCOLN'S HOME TRAINING Abraham Lincoln had a home training which undoubtedly contributed to his total abstinence from strong drink. Mr. Lincoln's parents were Christians. Their home was a home of prayer, the Bible was read morning and evening, and Thomas Lincoln, the blundering, unlettered, some- what indolent but withal good man, conducted himself in a manner to make the boy Abraham look up to him, obey him, and respect him, all of his life. It is a significant tribute to both Thomas Lincoln and Abraham Lincoln that in a com- munity where the use of alcoholic beverages was very common neither father nor son ever became addicted to the use of them. So far as the writer has been able to discover, Thomas Lincoln himself was a total abstainer, although it is a fact that when he moved from Kentucky he included among his household belongings several barrels of whis- ky which he intended to use for bartering after he located near Gentryville in Indiana. When the customs of the time included free drinking at all celebrations, raisings, fairs, and large political gatherings, it is somewhat aston- 27 28 LINCOLN AND TROHIBITION ishing to find that both Thomas Lincoln and his boy, first in Kentucky and later in Indiana, were able to fraternize with the robust men of the coun- tryside without forming the convivial habit which at that time was considered by the majority of people as almost necessary if a man was to become a social factor in the neighborhood. It should be remembered that the drinking habit at that time to a very large extent was a substitute for other entertainment. Books were scarce, and even if there had been available books in sparsely settled Kentucky and Southern Indiana, the daily asso- ciates of Thomas Lincoln and his kind could not have enjoyed them, for the very good reason that the average man in that part of the country at that time was not able to read or write. Abraham Lincoln's mother was considerably above the average in intelligence. She could both write and read, and the records show that she was very careful in teaching her children from the pages of the Bible. Charles G. Lelaud, the brilliant journalist, in commenting on the early life of Abraham Lincoln, says that Nancy Hanks's ability to read and write w^as a rare accomplishment in those days in the Kentucky backwoods. That conditions did not improve rapidly, along educational lines, is indi- cated from this comment by Mr. Leland : ''In 18G5 I saw many companies and a few regiments mustered out in Nashville, Tennessee. In the most intelligent companies, only one man in eight LINCOLN AND PROHIBITION 29 01 nine could sign his name. Fewer still could read." Abraham Lincoln's total abstinence, dating from childhood, stands out in remarkable clear- ness against a background of this sort. CHAPTER IV LINCOLN'S "FIRST TEMPERANCE LECTURE" LiNcoLN^s adherence to total abstinence and his readiness to urge it upon others, are fitly illus- trated by a narrative in Ahraham Lincoln and the Men of His Time, by Robert H. Browne, who knew Lincoln in Springfield. Mr. Browne says that at about the time of his removal from New Salem to Springfield, in 183G, there was a gathering of the neighborhood and village where they were building a new bridge. When the hard work was over there was a feast, merry-makings, trials of strength, and other sports, including much liquor-drinking. Raw whisky was sold at fifteen cents a gallon, and on this occasion there was a barrel of it. In the feats of strength a large man named "Sam," the champion heavy-weight lifter, with difficulty raised six inches off a platform a pile of wood weighing one thousand pounds. The spectators, knowing Abraham Lincoln's prowess as an athlete, at once demanded that he also try lifting the pile of wood. Lincoln was re- luctant to enter the exhibition, but finally as- sented, and lifted the load clear a foot from the platform "without a grunt and without any straining." Some of Sam's friends shouted, "Do it again ; we didn't see it !" Mr. Lincoln, to satisfy 30 LINCOLN AND PROHIBITION 31 these, stepped on the platform again, saying as he did so, *'Sam, sit down on top of the pile." With Sam on top of the pile, Lincoln raised the big load almost as easily as he did the first time. Then the bung was knocked out of the barrel of whisky. Lincoln, being challenged again, took hold of it by the chimes, raised it from the ground, took a mouthful of liquor from the open bunghole, turned his head to the right, and spat it out on the ground over his shoulder. On releasing the bar- rel, he said in substance, as he related it years afterward when invited to drink, as he often was, "That reminds me of the first temperance lecture I ever made," following which he related the barrel-raising incident and quoted his first ''tem- perance lecture" : "My friends, you will do well and the best you can with it, to empty this barrel of liquor on the ground, as I threw the little part of it out of m|7 mouth. It is not on moral grounds alone that I am giving you this advice; but you are strong, healthy, and rugged people. It is as true as that you are so now that you -cannot remain so if you indulge your appetites in alcoholic drinks. You cannot retain your health and strength if you continue the habit, and when you lose them, neither you nor your children are likely to regain them. As a good friend, without counting the distress and wreckage of mind, let me advise, that if you wish to remain healthy and strong, turn it away from your lips." CHAPTER V LINCOLN'S ESSAY ON TEMPERANCE AT SEVENTEEN William H. Herndon, for twenty years Lin- coln's law partner, says' that Lincoln prepared a composition on the American government and one on temperance at the age of seventeen. "By the time he had reached his seventeenth year," says Herndon, "he had attained the physi- cal proportions of a full-grown man. He was em- ployed to assist James Taylor in the management of a ferryboat across the Ohio River, near the mouth of Anderson's Creek (southern Indiana), but was not allowed a man's wages for the work. He received thirty-seven cents a day for what he afterward told me was the roughest work a young man could be made to do. He prepared a composi- tion on the American government, calling atten- tion to the necessity of preserving the Constitu- tion and perpetuating the Union, which with characteristic modesty he handed over to his friend and patron William Woods, for safe-keeping and perusal. Through the instrumentality of Woods it attracted the attention of many persons, among ^Abraham Lincoln, by William H. Herndon and Jesse W. Weik, D. Appleton & Co., New York, publishers. 32 LINCOLN AND PKOHIBITION 33 them one John Pitcher, who afterward became a judge and lived to be nearly one hundred years of age. Mr. Pitcher lived at Rockport, Indiana, and all during the latter part of his life spoke with the greatest enthusiasm of the high qualities of the composition. An article on temperance was shown under similar circumstances to Aaron Farmer, a Baptist preacher of local renown, and by him furnished to an Ohio newspaper for pub- lication." CHAPTER VI BERRY AND LINCOLN AS "GROCERY KEEPERS" The liquor interests, in order to embarrass and get the "laugh" on the advocates of temperance, repeatedly have charged that the records show that Abraham Lincoln was a "grocery keeper" at New Salem in the early thirties, and that as such he sold liquors over the bar. While this was re- garded as a preposterous fling by those who knew Lincoln, and later by those who carefully studied his career, the liquor people insisted that the records sustained their contention. They had some color of support in the charge made by Stephen A. Douglas in the first of the celebrated joint debates at Ottawa, Illinois, on August 21, 1858. Douglas, using a favorite trick of the period, charged Lincoln either directly or by in- nuendo with many trivial things, probably in the hope that Lincoln would consume the time al- lotted for serious discussion in refuting Douglas's nonsense. One of these charges was that Lincoln was "a flourishing grocery keejDer in the town of Salem" at the time that he, Douglas, was a school- teacher in the town of Winchester nearby. Fur- ther along Douglas, continuing in his bantering, 34 LINCOLN AND PROHIBITION 35 said, "He [Lincoln] could beat any of the boys wrestling or running a footrace, in pitcliing quoits or tossing a copper ; could ruin more liquor than all the boys of the town together." Lincoln in answering Douglas on this occasion took time to consider a few of these "little follies" of his opponent, as he termed them, saying : "The Judge is woefully at fault about his early friend Lincoln being a 'grocery keeper.' I don't know as it would be a great sin if I had been; but he is mistaken. Lincoln never kept a grocery anywhere in the world. It is true that Lincoln did work the latter part of one winter in a little still-house up at the head of a hollow." Leonard Swett, one of Lincoln's closest friends, who "rode the circuit" with him from 1848 through the fifties, in a reminiscence of Lincoln published in 1886 by Allen Thorndike Eice, of the North American Review, dwells upon this store- keeping incident in the life of Lincoln. Mr. Swett says that Lincoln, in describing his relations with his partner Berry, stated that a difference soon arose between him and his partner with reference to the introduction of whisky into the establish- ment. Berry insisted that, on the principle that honey catches flies, a barrel of whisky in the store would invite customers, and their sales w'ould in- crease, while Lincoln, who never liked liquor, op- posed this innovation. "He told me," continues Mr. Swett, "not more than a year before he was elected President, that he had never tasted liquor 36 LINCOLN AND PROHIBITION in his life. 'What!' I said, 'do you mean to say you never tasted it?' 'Yes, I never tasted it.' The result was that a bargain was made by which Lincoln should retire from his partnership in the store. He was to step out as he stepped in, and he had nothing when he stepped out. But the part- ner took all the goods, and agreed to pay all the debts, for a part of which Mr. Lincoln had become jointly liable." Mr. Swett then relates how Lincoln, after re- turning from the Black Hawk War, "found his old partner had been his own best customer at the whisky barrel, and that all the goods were gone, but having failed to pay the debts, there were eleven hundred dollars for which Lincoln was jointly liable. I cannot forget his face of serious- ness as he turned to me and said : 'That debt was the greatest obstacle I have ever met in life; I had no way of speculating, and I could not earn money excei)t by labor, and to earn by labor eleven hundred dollars besides my living, seemed the work of a lifetime. There was, however, but one way. I went to the creditors and told them that if they would let me alone, I would give them all I could earn, over my living, as fast as I could earn it.' " CHAPTER VII THE WASHINGTONIAN MOVEMENT The Washingtonian movement was organized in Baltimore on April 6, 1840, and within three or four years it had extended over the greater part of the United States. Abraham Lincoln seems to have been one of the leaders in this movement in the city of Springfield, his home, as shown by the memorable address made by him on February 22, 1842, and given elsewhere. W. K. Mitchell, a tailor; J. F. Hoss, a carpenter; David Anderson and George Steers, blacksmiths; James McCurley, a coachmaker; and Archibald Campbell, a silver- smith, all drinking men of Baltimore, met and re- solved to reform. Their action was prompted by the impression made upon one of the members of their club for "social tippling" by a distinguished lecturer on temperance who spoke in Baltimore on the evening of April second. The tippling club, reorganized into "The Washington Society," not only kept the pledge of total abstinence themselves but induced others to do so. The movement spread over the land, until six hundred thousand drunk- ards had signed the pledge, of whom all but one hundred and fifty thousand, however, subse- quently returned to their cups. Societies for 37 38 LINCOLN AND PROHIBITION women known as Martha Washington societies, were inaugurated in 1841. The force of the Washingtonians had spent it- self by 1813. The movement depended upon moral suasion alone, many of its most zealous support- ers opposing all resort to the enactment or en- forcement of laws against the traffic. Its main service was preparing the ground for more modern organizations which followed. As United States Senator H. W. Blair remarks of the Washing- tonians in his Temperance Movement : "There was no law. Enthusiasm from its very nature cannot stay. An explosion may after a while be repeated, but it is a poor organizer. . . . All the same, the explosion is good ; it rends the rock and is in- dispensable. To have created the necessity and to have made the way for such an order as the Sons of Temperance was of itself an incalculable good; and the one hundred and fifty thousand who were steadfast have been a mighty power in sub- sequent reform." Abraham Lincoln joined the Washingtonian movement in the spirit of a missionary. On the same day that he made his address to the Wash- ingtonians in Springfield in 1842 he wrote a letter to George E. Pickett, who was preparing to enter the National Military Academy, saying: "I have just told the folks here in Springfield on this one hundred and tenth anniversary of the birth of him whose name, mightiest in the cause of civil liberty, still mightiest in the cause of moral reformation, LINCOLN AND PEOHIBITION 39 v/e mention in solemn awe, in naked, deathless splendor, that the one victory we can ever call \ complete will be that one which proclaims that there is not one slave or one drunkard on the face of God's green earth. Kecruit for this victory." CHAPTER VIII LINCOLN'S ADDRESS TO THE WASHINGTONIANS The following address was delivered before the Springfield Washingtonian Temperance Society at the Second Presbyterian Church, on February 22, 1842, by Abraham Lincoln: Although the temperance cause has been in progress for nearly twenty years, it is apparent to all that it is just now being crowned with a degree of success hitherto unparalleled. The list of its friends is daily swelled by the additions of fifties, of hundreds, and of thousands. The cause itself seems suddenly transformed from a cold, abstract theory into a living, breathing, active, and powerful chieftain, going forth "con- quering and to conquer." The citadels of his great adversary are daily being stormed and disman- tled ; his temples and his altars, where the rites of his idolatrous worship have long been performed, and where human sacrifices have long been wont to be made, are daily desecrated and deserted. The trump of the conqueror's fame is sounding from hill to hill, from sea to sea, and from land to land, and calling millions to his standard at a blast. 40 Lincoln in 1847 — His First Photograph LINCOLN AND PROHIBITION 41 For this new and splendid success we heartilj rejoice. That that success is so much greater now than heretofore is doubtless owing to rational causes ; and if we would have it continue, we shall do well to inquire what those causes are. The warfare heretofore waged against the demon intemperance has, somehow or other, been erroneous. Either the champions engaged, or the tactics they adopted, have not been the most proper. These champions, for the most part, have been preachers, lawyers, and hired agents; be- tween these and the mass of mankind there is a want of approachahility , if the term be admissible, partial, at least, fatal to their success. They are supposed to have no sympathy of feeling or in- terest with those very persons whom it is their object to convince and persuade. And, again, it is so easy and so common to ascribe motives to men of these classes, other than those they profess to act upon. The preacher, it is said, advocates temperance because he is a fanatic, and desires a union of the church and state; the lawyer from his pride, and vanity of hearing himself speak ; and the hired agent for his salary. But when one who has long been known as a victim of intemperance bursts the fetters that have bound him and appears before his neighbors "clothed and in his right mind," a redeemed specimen of long-lost humanity, and stands up with tears of joy trembling in his eyes, to tell of 42 LINCOLN AND PROHIBITION the miseries once endured now to be endured no more forever, of his once naked and starving chil- dren, now clad and fed comfortably, of a wife, long weighed down with woe, weeping, and a broken heart, now restored to health, happiness, and a renewed affection, and how easily it is all done, once it is resolved to be done, how simple his language! There is a logic and an eloquence in it that few with human feelings can resist. They cannot say that he desires a union of church and state, for he is not a church-member; they cannot say he is vain of hearing himself speak, for his whole demeanor shows he would gladly avoid speaking at all ; they cannot say he speaks for pay, for he receives none, and asks for none. Nor can his sincerity in any way be doubted or his sym- pathy for those he would persuade to imitate his example be denied. In my judgment it is to the battles of this new class of champions that our late success is greatly, perhaps chiefly, owing. But had the old-school champions themselves been of the most wise se- lecting? Was their system of tactics the most judicious? It seems to me it was not. Too much denunciation against dram-sellers and dram- drinkers was indulged in. This, I think, was both impolitic and uujust. It was impolitic because it is not much in the nature of man to be driven to anything, still less to be driven about that which is exclusively his own business, and least of all where such driving is to be submitted to at the LINCOLN AND PKOHIBITION 43 expense of pecuniary interest or burning appetite. When the dram-seller and drinker were inces- santly told, not in the accents of entreaty and per- suasion, diffidently addressed by erring man to an erring brother, but in the thundering tones of anathema and denunciation, with which the lordly judge often groups together all the crimes of the felon's life, and thrusts them in his face just ere he passes sentence of death upon him, that they were the authors of all the vice and misery and crime in the land; that they were the manufac- turers and material of all the thieves and robbers and murderers that infest the earth; that their houses were the workshojjs of the devil, and that their persons should be shunned by all the good and virtuous, as moral pestilences — I say, when they were told all this, and in this way, it is not wonderful that .they were slow, very slow, to acknowledge the truth of such denunciations, and to join the ranks of their denouncers, in a hue and cry against themselves. To have expected them to do otherwise than they did — to have expected them not to meet de- nunciation with denunciation, crimination with crimination, and anathema with anathema — was to expect a reversal of human nature which is God's decree, and can never be reversed. When the conduct of men is designed to be in- fluenced, persuasion, kind, unassuming persuasion, should ever be adopted. It is an old and true maxim "that a drop of honey catches more flies 44 LINCOLN AND PROHIBITION than a gallon of gall." So with men. If you would win a man to your cause, first convince him that you are his sincere friend. Therein is a drop of honey that catches his heart, which, say what he will, is the great high-road to his reason, and which, when once gained, you will find but little trouble in convincing his judgment of the justice of your cause, if, indeed, that cause really be a just one. On the contrary, assume to dictate to his judgment, or to command his action, or to mark him as one to be shunned and despised, and he will retreat within himself, close all the avenues to his head and his heart, and though your cause be naked truth itself, transformed to the heaviest lance, harder than steel, and sharper than steel can be made, and though you throw it with more than Herculean force and precision, you shall be no more able to pierce him than to pene- trate the hard shell of a tortoise with a rye- straw. Such is man, and so must he be under- stood by those who would lead him, even to his own best interests. On this point the Washingtonians greatly excel the temperance advocates of former times. Those whom they desire to convince and persuade are their old friends and companions. They know they are not demons, nor even the worst of men ; they know that generally they are kind, generous, and charitable, even beyond the example of their more staid and sober neighbors. They are prac- tical philanthropists; and they glow with a gen- LINCOLN AND PROHIBITION 45 erous and brotherly zeal, that mere theorizers are incapable of feeling. Benevolence and charity possess their hearts entirely ; and out of the abun- dance of their hearts their tongues give utter- ance, "Love through all their actions runs, and all their words are mild": in this spirit they speak and act, and in the same they are heard and re- garded. And when such is the temper of the ad- vocate, and such of the audience, no good cause can be unsuccessful. But I have said that denun- ciations against dram-sellers and dram-drinkers are unjust, as well as impolitic. Let us see. I have not inquired at what period of time the use of intoxicating liquors commenced; nor is it important to know. It is sufficient that to all of us who now inhabit the world, the practice of drink- ing them is just as old as the world itself, that is, we have seen the one, just as long as we have seen the other. When all such of us as have now reached the years of maturity first opened our eyes upon the stage of existence, we found intoxi- cating liquors recognized by everybody, used by everybody, repudiated by nobody. It commonly entered into the first draught of the infant, and the last draught of the dying man. From the side- board of the parson down to the ragged pocket of the houseless loafer it was constantly found. Physicians prescribed it, in this, that, and the other disease ; government provided it for soldiers and sailors; and to have a rolling or raising, a husking or "hoe-down" anywhere about without it, 46 LINCOLN AND PROHIBITION was positively insufferable. So too it was every- where a respectable article of manufacture and of merchandise. The making of it was regarded as an honorable livelihood, and he who could make most was the most enterprising and respectable. Large and small manufactories of it were everywhere erected, in which all the earthly goods of their owners were invested. Wagons drew it from town to to^Ti ; boats bore it from clime to clime, and the winds wafted it from nation to nation ; and mer- chants bought and sold it, by wholesale and re- tail, with precisely the same feelings on the part of the seller, buyer, and by-stander as are felt at the selling and buying of plows, beef, bacon, or any other of the real necessaries of life. Univer- sal public opinion not only tolerated but recog- nized and adopted its use. It is true, that even then it was known and acknowledged that many were greatly injured by it; but none seemed to think the injury arose from the use of a bad thing, but from the abuse of a very good thing. The victims of it were to be pitied and compassionated, just as are the heirs of consumption and other hereditary diseases. Their failing was treated as a misfortune, and not as a crime, or even as a disgrace. If, then, what I have been saying is true, is it wonderful, that some should think and act now as all thought and acted twenty years ago, and is it just to assail, condemn, or despise them for doing so? The universal sense of mankind, on any sub- LINCOLN AND PROHIBITION 47 ject, is an argument, or at least an influence, not easily overcome. The success of the argument in favor of the existence of an overruling Providence, mainly depends upon that sense; and men ought not, in justice, to be denounced for yielding to it in any case, or giving it up slowly, especially when they are backed by interest, fixed habits, or burning ajjpetites. Another error, as it seems to me, into which the old reformers fell, was the position that all ha- bitual drunkards were utterly incorrigible, and therefore, must be turned adrift, and damned without remedy, in order that the grace of tem- perance might abound to the temperate then and to all mankind some hundreds of years thereafter. There is in this something so repugnant to hu- manity, so uncharitable, so cold-blooded and feel- ingless, that it never did nor never can enlist the enthusiasm of a popular cause. We could not love the man who taught it — we could not hear him with patience. The heart could not throw open its portals to it, the generous man could not adopt it, it could not mix with his blood. It looked so fiendishly selfish, so like throwing fathers and brothers overboard, to lighten the boat for our security — that the noble-minded shrank from the manifest meanness of the thing. And besides this, the benefits of a reformation to be effected by such a system were too remote in point of time, to warmly engage many in its behalf. Few can be induced to labor exclusively for pos- 48 LINCOLN AND PROHIBITION terity ; and none will do it enthusiastically. Pos- terity has done nothing for us ; and theorize on it as we may, practically we shall do very little for it unless we are made to think, we are, at the same time, doing something for ourselves. What an ignorance of human nature does it ex- hibit, to ask or expect a whole community to rise up and labor for the temporal happiness of others, after themselves shall be consigned to the dust, a majority of which community take no pains what- ever to secure their own eternal welfare at no greater distant day. Great distance in either time or space has wonderful power to lull and render quiescent the human mind. Pleasures to be en- joyed, or pains to be endured, after we shall be dead and gone, are but little regarded, even in our own cases, and much less in the case of others. Still, in addition to all this, there is something so ludicrous in promises of good or threats of evil, a great way off, as to render the whole sub- ject with which they are connected easily turned into ridicule. "Better lay down that spade you're stealing, Paddy. If you don't, you'll pay for it at the Day of Judgment." "Be the powers, if ye'll credit me so long, I'll take another jist." By the Washingtonians this system of consign- ing the habitual drunkard to hopeless ruin is re- pudiated. They adopt a more enlarged philan- thropy, they go for present as well as future good. They labor for all now living, as well as those hereafter to live. They teach hope to all — despair LINCOLN AND PROHIBITION 49 to none. As applying to their cause, they deny the doctrine of unpardonable sin; as in Chris- tianity it is taught, so in this they teach : "While the lamp holds out to burn, The vilest sinner may return." And, what is a matter of the most profound con- gratulation, they, by experiment upon experiment, and example upon example, prove the maxim to be no less true in the one case than in the other. On every hand we behold those who but yesterday were the chief of sinners, now the chief apostles of the cause. Drunken devils are cast out by ones, by sevens, by legions ; and their unfortunate victims, like the poor possessed, who was re- deemed from his long and lonely wanderings in the tombs, are publishing to the ends of the earth how great things have been done for them. To these new champions, and this new system of tactics, our late success is mainly owing; and to them we must mainly look for the final consum- mation. The ball is now rolling gloriously on, and none are so able as they to increase its speed, and its bulk — to add to its momentum and its magnitude — even though unlearned in letters, for this task none are so well educated. To fit them for this work they have been taught in the true school. They have been in that gulf, from which they would teach others the means of escape. They have passed that prison wall which others have long declared impassable; and who that has not 50 LINCOLN AND PEOHIBITION shall dare to weigh opinions with them as to the mode of passing? But if it be true, as I have insisted, that those who have suffered by intemperance personally, and have reformed, are the most powerful and effi- cient instruments to push the reformation to ulti- mate success, it does not follow that those who have not suffered have no part left them to per- I form. Whether or not the world would be vastly benefited by a total and final banishment from it of all intoxicating drinks seems to me not now an open question. Three fourths of mankind con- fess the affirmative with their tongues; and, I believe, all the rest acknowledge it in their hearts. Ought any, then, to refuse their aid in doing what the good of the whole demands? Shall he who cannot do much be, for that reason, excused if he do nothing? "But," says one, "what good can I do by signing the pledge? I never drink, even without signing." This question has already been asked and answered more than a million of times. Let it be answered once more. For the man, suddenly or in any other way, to break off from the use of drams, who has indulged in them for a long course of years, and until his appetite for them has grown ten or a hundredfold stronger and more craving than any natural appetite can be, requires a most powerful moral effort. In such an undertaking he needs every moral support and influence that can possibly be brought to his aid and thrown around him. And not only so, LINCOLN AND PROHIBITION 51 but every moral prop should be taken from what- ever argument might rise in his mind to lure him to his back-sliding. When he casts his eyes around him he should be able to see all that he respects, all that he admires, all that he loves, kindly and anxiously pointing him onward, and none beckon- ing him back to his former miserable "wallowing in the mire." But it is said by some, that men will think and act for themselves; that none will disuse spirits or anything else because his neighbors do; and that moral influence is not that powerful engine contended for. Let us examine this. Let me ask the man who could maintain this position most stiffly what compensation he will accept to go to church some Sunday and sit during the sermon with his wife's bonnet upon his head! Not a trifle, I'll venture. And why not? There would be nothing irreligious in it, nothing immoral, nothing uncomfortable — then w^hy not ? Is it not because there would be something egregiously un- fashionable in it? Then it is the influence of fashion ; and what is the influence of fashion but the influence that other people's actions have on our own actions — the strong inclination each of us feels to do as we see all our neighbors do? Nor is the influence of fashion confined to any particular thing or class of things. It is just as strong on one subject as another. Let us make it as unfashionable to withhold our names from the temperance pledge, as for husbands to wear their 52 LINCOLN AND PROHIBITION wives' bonnets to church, and instances will be just as rare in the one case as the other. "But," say some, "we are no drunkards, and we shall not acknowledge ourselves such, by joining a reformed drunkards' society, whatever our influ- ence might be." Surely, no Christian will adhere to this objection. If they believe, as they profess, that Omnipo- tence condescended to take on himself the form of sinful man, and, as such, to die an ignominious death for their sakes, surely, they will not refuse submission to the infinitely lesser condescension, for the temporal, and perhaps eternal salvation, of a large, erring, and unfortunate class of their fel- low creatures. Nor is the condescension very great. In my judgment such of us as have never fallen victims have been spared more from the ab- sence of appetite than from any mental or moral superiority over those who have. Indeed, I believe, if we take the habitual drunkards as a class, their heads and their hearts will bear an advantageous comparison with those of any other class. There seems ever to have been a proneness in the bril- liant and warm-blooded to fall into this vice — the demon of intemperance ever seems to have de- lighted in sucking the blood of genius and gener- osity. What one of us but can call to mind some relative, more promising in youth than all his fellows, who has fallen a sacrifice to his rapacity? He ever seems to have gone forth like the Egyp- tian angel of death, commissioned to slay, if not LINCOLN AND PKOHIBITION 53 the first, the fairest born of every family. Shall he now be arrested in his desolating career? In that arrest all can give aid that will; and who shall be excused that can, and will not? Far around as human breath has ever blown he keeps our fathers, our brothers, our sons, and our friends prostrate in the chains of moral death. To all the living, everywhere, we cry, "Come, sound the moral trump, that these may rise and stand up an exceeding great army." — "Come from the four winds, O breath! and breathe upon these slain, that they may live." If the relative grandeur of revolutions shall be estimated by the great amount of human misery they alleviate, and the small amount they inflict, then, indeed, will this be the grandest the world shall ever have seen. Of our political revolution of '76 we are all justly proud. It has given us a degree of political freedom far exceeding that of any other nation of the earth. In it the world has found a solution of the long-mooted problem as to the capability of man to govern himself. In it was the germ which has vegetated, and still is to grow and expand into the universal liberty of mankind. But, with all these glorious results, past, pres- ent, and to come, it had its evils too. It breathed forth famine, swam in blood, and rode in fire; and long, long after, the orphans' cry and the widows' wail continued to break the sad silence that en- sued. These were the price, the inevitable price, paid for the blessings it bought. 54 LINCOLN AND PROHIBITION Turn now to the temperance revolution. In it we shall find a stronger bondage broken, a viler slavery manumitted, a greater tyrant deposed — in it, more of want supplied, more disease healed, more sorrow assuaged. By it, no orphans starv- ing, no widows weeping. By it, none wounded in feeling, none injured in interest; even the dram- maker and dram-seller will have glided into other occupations so gradually as never to have felt the change, and will stand ready to join all others in the universal song of gladness. And what a noble ally this, to the cause of political freedom, with such an aid, its march cannot fail to be on and on, till every son of earth shall drink in rich fruition the sorrow-quenching draughts of perfect liberty. Happy day, when, all appetites con- trolled, all passions subdued, all matter subju- gated, mind, all-conquering mind, shall live and move, the monarch of the world! Glorious con- summation! Hail, fall of fury! Reign of reason, all hail ! And when the victory shall be complete — when there shall be neither a slave nor a drunkard on the earth — how proud the title of that Land, which may truly claim to be the birth-place and the cradle of both those revolutions that shall have ended in that victory! How nobly distinguished that people, who shall have planted, and nur- tured to maturity, both the political and moral freedom of their species. This is the one hundred and tenth anniversary LINCOLN AND PROHIBITION 55 of the birthday of Washington — we are met to celebrate this day. Washington is the mightiest name of earth — long since mightiest in the cause of civil liberty, still mightiest in moral reforma- tion. On that name a eulogy is expected. It can- not be. To add brightness to the sun, or glory to the name of Washington is alike impossible. Let none attempt it. In solemn awe we pronounce the name, and in its naked, deathless splendor leave it shining on. , CHAPTER IX FATHER MATHEW The temperance movements in America — Wash- ingtonian and others — received a great impetus from the visit to the United States of Father Theobald Mathew in 1849, which visit was pro- longed until the close of 1851. While Lincoln was not identified with the Father Mathew movement, a record of it is indispensable in a comprehensive survey of the progress of temperance in America. Father Mathew was born in Thomastown, Tip- perary, on October 10, 1790, and died at Queens- town on December 8, 1856. He studied at Dublin, entered the Capuchin order, and in 1838 estab- lished a total abstinence association, which en- rolled one hundred and fifty thousand name? in less than nine months. After preaching and work- ing in various cities and counties in Ireland, he visited England, Scotland, and Wales. In 1849, despite a stroke of paralysis which partially disabled him, he yielded to the solicita- tion of friends in the United States, and sailed for New York. His fame had preceded him. In Ireland he had been the coworker of Daniel O'Con- nell, the agitator, and declared publicly his sym- pathy for many of the principles avowed by O'Con- 56 Father Theobald Mathew, Temperance Refuhmer LINCOLN AND PROHIBITION 57 nell — especially those related to human freedom. He differed from O'Connell, however, in keeping his temperance movement free from politics. His sympathy for the American slave was made clear when he entertained Frederick Douglass at his home in Ireland. The famine period in Ireland (1845-4G), prompting generous American relief, greatly warmed Father Mathew toward the United States. He was welcomed to the port of New York by great crowds. There were levees in the City Hall for two weeks. Archbishop Hughes entertained him. The warm-hearted priest met his first em- barrassment in Boston, where he was invited by William Lloyd Garrison to an anti-slavery meet- ing. He had been advised that it would be im- politic to link his fortunes with the Abolitionists, and his refusal to accept Garrison's invitation provoked the anger of the anti-slavery people. The Governor of Georgia, who had publicly in- vited him to visit that State, had discovered that he was sympathetic toward the slave, and in a most offensive letter to Father Mathew recalled his invitation. He again became a storm-center in Washington, where he was the guest of President Tyler at the W^hite House, and of the United States Senate. On motion of Senator Walker, of Wisconsin, he was invited to sit within the bar of the Senate. Southern senators objected to such signal honor on the ground that he was a partisan, with anti-slavery leanings. A spirited debate en- 58 LINCOLN AND PROHIBITION sued, participated in by Senators Seward, Clay, Cass, Walker, Hale, Foote, and Badger, the north- ern senators deprecating the introduction of the slavery issue. The Walker motion prevailed, thirty-three to eighteen. Even this incident favor- ably advertised Father Mathew, whose audiences were tremendous. He visited Eichmond, Savan- nah, Mobile, Little Rock, Hot Springs, Vicksburg, Pensacola, and New Orleans, making an extended stay at the latter place, where more than twelve thousand people signed the total abstinence pledge. Notwithstanding the success of his cru- sade here and the desire on the part of leading Americans to have him remain, disquieting news from home impelled him to return to Ireland in December, 1851. In his absence the temperance cause rapidly declined, even in cities where he had established temperance reading rooms. The hard labor involved in recovering lost ground overtaxed him. He visited Madeira in 1854, with- out regaining his strength. His death took place in Queenstown two years later, and he was buried in Cork. His biographer, John Francis Maguire, M.P., says that there can be no doubt about the perma- nent good accomplished by Father Mathew wher- ever he went. While many of the pledge-takers relapsed into drunkenness, many, on the other hand, were permanently reformed. In the United States the Father Mathew move- ment served to stimulate the Washingtonians and LINCOLN AND PROHIBITION 59 other temperance agitators, and to advertise — if the term is permissible — the benefits arising from total abstinence. The Father Mathew societies of the Roman Catholic Church still attest his memory. CHAPTER X SONS OF TEMPERANCE The Sons of Temperance was organized Sep- tember 29, 1842, in New York city, the object of the society being thus deKScribed upon its official records : "To shield its members from the evils of intem- perance, to afford mutual assistance in case of sickness, and to elevate their characters as men." Women were not admitted. The organization was modeled in some respects after Masonic ideas. At the close of 1846 the membership numbered one hundred thousand, an increase of sixty thousand in one year. Profiting by the experience of the Washing- tonians, General Gary, the chief officer, said in 1849: "We must seal up the fountain whence flows the desolating stream of death," and the National Division declared, "The mission of the order is to secure the utter annihilation of the manufacture of and traffic in intoxicating drinks," and that "we desire, will have, and will enforce laws, in our respective local cities, for the sup- pression of this . . . business." In 1866 women were admitted to membership and office-holding on an equality with men. 60 LINCOLN AND PROHIBITION 61 During the Civil War the nation-wide anti- slavery struggle supplanted every other interest; ''the order nearly disappeared from the Southern States"; over two hundred Sons of Temperance boys fought for the preservation of the Union; "widespread paralysis settled upon the order." As soon as the war ended, however, it began to re- vive, and in 1872 numbered nearly ninety-four thousand members. The society has always taken great interest in enrolling boys and girls in its ranks. In 1890 at Ocean Grove, New Jersey, the National Di- vision called into existence "The Loyal Crusader" and in 1910 the different juvenile divisions were consolidated as "Crusaders of Temperance." At the present date the order represents the oldest temperance society existent in the United States. Subordinate, Grand, and National Di- visions of it have been organized in Great Britain, Canada, and Australia. Lincoln assured a deputation of the Sons of Temperance waiting upon him on September 29, 1863, in behalf of the suppression of liquor-drink- ing in the Army, that they had his friendship and sympathy, his words being as follows : "If I were better known than I am, you would not need to be told that in the advocacy of the cause of temperance you have a friend and sym- pathizer in me. "When I was a young man — long ago — before the Sons of Temperance as an or- ganization had an existence — I, in a humble way, 62 LINCOLN AND PROHIBITION made temperance speeches, and I think I may say that to this day I have never, by my example, be- lied what I then said. I think that the reasonable men of the world have long since agreed that in- temperance is one of the greatest, if not the very greatest, of all evils among mankind. That is not a matter of dispute, I believe. That the disease exists, and that it is a very great one, is agreed upon by all. The mode of cure is one about which there may be dififerences of opinion. You have suggested that in an army — our army — drunken- ness is a great evil, and one which, while it exists to a very great extent, we cannot expect to over- come so entirely as to have such successes in our arms as we might have without it. This undoubt- edly is true, and while it is perhaps rather a bad source to derive comfort from, nevertheless in a hard struggle I do not knovv^ but what it is some consolation to be aware that there is some in- temperance on the other side too; and that they have no right to beat us in physical combat on that ground." CHAPTER XI LINCOLN AND PLEDGE SIGNING LiNCOLN^s aggressive adherence to temperance propaganda is adequately set fortli in the Rev. Louis Albert Banks's book, "The Lincoln Legion," wherein it is shown that following an address by Mr. Lincoln in 1846 or 47 at the South Fork schoolhouse. Cotton Hill township, Sangamon County, Illinois, Preston Breckinridge, his ten- year-old son, Cleopas, R. E. Berry, Moses Martin, George Miller, and Uriah Hughes, all of whom heard Lincoln, signed the pledge at the time at the suggestion of Lincoln. Dr. Howard H. Russell, organizer of the Anti-Saloon League in 1900, hunted u]} Cleopas Breckinridge, R. E. Berry and Moses Martin at their respective homes and ob- tained affidavits, which were printed. After Lin- coln had finished his address he drew from his pocket a paper, which he called the "Washing1;on Pledge," and added : "It is the same pledge many thousands of people have signed in connection with the work of the Washingtonian Society through- out the country. I have signed this pledge my- self, and would be glad to have as many of my neighbors who are willing to do so, sign the same pledge with me." 63 64 LINCOLN AND PROHIBITION Lincoln asked the Breckinridge boy his name, and, on being told that the youngster could not write, he signed his name for him, and then with his hand on the head of the lad he said : "Now, sonny, you keep this pledge, and it will be the best act of your life." Berry kept the pledge, which follows : "Whereas, the use of alcoholic liquors as a beverage is productive of pauperism, degradation, and crime, and believing it is our duty to discour- age that which produces more evil than good, we therefore pledge ourselves to abstain from the use of intoxicating liquors as a beverage." CHAPTER XII LINCOLN'S INDORSEMENT OF HIS PAS- TOR'S RADICAL TEMPERANCE VIEWS Lincoln seems to have indorsed and circulated the radical temperance views of his pastor, the Rev. Dr. James Smith, pastor of the First Presby- terian Church, of Springfield, where Lincoln was a pewholder and regular attendant. On January 23, 1853, Dr. Smith delivered an address in Springfield on the drink evil — a radical utter- ance at a time when prohibition sentiment was strong in Illinois. On the following day Spring- field citizens addressed to Mr. Smith a letter in which they said : "The undersigned having lis- tened with great satisfaction to the discourse on the subject of temperance, delivered by you last evening, and believing it would be productive of good, would respectfully request a copy thereof for publication." The cojjy was furnished, the address was published in a sixteen-page pamphlet, and on the title page in the list of those signing the above request appears the name "A. Lincoln." Tradition says that Lincoln w'as the prime mover in securing the publication. Eleven years before, in the Second Presbyterian Church in Springfield, Lincoln had delivered his address to the Wash- ingtonians, found elsewhere in this book. 65 CHAPTER XIII LINCOLN AND THE ILLINOIS PROHIBITION CAMPAIGN Lincoln biographers, who have not identified Lincoln with the campaign for State prohibition in Illinois in 1855, doubtless will object at this late date to the association of his name with that movement. The documentary proof is not the only answer to any query raised. The burden of proof inevitably will be upon those who contend that Lincoln did not take a leading part in that campaign. In addition to the testimony pre- sented is the inherent proof in the established facts surrounding that campaign and the legisla- tion in the Illinois Legislature leading up to it. The surprising vote given for prohibition at the referendum election in June, 1855, was not an accident. The propaganda was by the friends of temperance. Lincoln at that time and for years before was an avowed temperance man. The mem- bers of the Illinois Legislature who voted through the prohibition law, which by the way, is the first law in the "Public Laws of Illinois for 1855," were "Lincolnian" in their political thought and conduct. Generally speaking, they were Repub- licans, Whigs, anti-slavery and churchgoing 66 LINCOLN AND PROHIBITION 67 people. Very many of them were then, and after- ward, Lincoln's friends and political associates. "He never stepped too soon, and he never stepped too late," said Charles A. Dana. In the fall and early winter of 1854 and early part of 1855 Lincoln was contesting for the United States senatorship. Doubtless he had good reason, up to the time a senator was chosen, for refraining from too intimate identification with the State prohi- bition movement. It is a rather violent assump- tion that he was not keenly interested in it Any such assumption would be unwarranted in the absence of proof to the contrary, but when the proof to the contrary is submitted such assump- tion must give way. Perhaps Lincoln's own method of reasoning when brought to bear upon a point like this may prove illuminating. In a speech delivered at Springfield at the close of the Republican State Convention, June 17, 1858, in which he practically charged the slavery sym- pathizers with conspiracy, he made this lucid statement : *'But when we see a lot of framed timbers, dif- ferent portions of which we know have been gotten out at different times and places and by different workmen — Stephen, Franklin, Roger, and James, for instance — and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mor- tices exactly fitting, and all the lengths and pro- portions of the different pieces exactly adapted to 68 LINCOLN AND PROHIBITION their respective places, and not a piece too many or too few — not omitting even scaffolding — or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared to bring such piece in — in such a case, we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first blow was struck." By the same reasoning, Abraham Lincoln, prophet of an ultimate extinction of slavery and drunkenness, took a leading part in the campaign for State prohibition in Illinois. CHAPTER XIV THE ILLINOIS PROHIBITION LAW AND ITS AUTHORSHIP Investigators only recently came to an agree- ment that Abraham Lincoln wrote the 1855 Pro- hibition Law. The statement in the history of Il- linois by Davidson & Stuve, that B. S. Edwards, a Springfield lawyer, framed the Prohibition Law, and another statement b}' the Springfield corres- pondent of the Chicago Daily Press that Stephen T. Logan, Lincoln's former law partner, probably wrote it, are not in conflict in the light of recent research. Henry B. Rankin, of Springfield, author of Personal Recollections of Abraham Lincoln, who made a thoroughgoing search, under date of Feb- ruary 28, 1921, in a letter to the writer, says : ''Lincoln prepared the first draft of the Law for submission to the Legislature. He took it over to Judge S. T. Logan's office for any change the Judge thought should be made. They both dis- cussed the act as Lincoln had drawn it. The Judge held the manuscript several days and added such revisions and changes as he deemed would facilitate its adoption by the Legislature, and took it back to Lincoln. Lincoln approved of the 69 70 LINCOLN AND PROHIBITION Judge's alterations. They then canvassed the matter as to who would be most proper to present it to some members of the Legislature to bring before the Legislature. "Lincoln advised that they both go over to the law offices of Stuart and Edwards (both of whom had gone over from the Whig to the Democratic Party after the compromise measures of 1850 had been passed) and submit the manuscript to B. S. Edwards, and if he approved it, then to insist that he bring it before such members of the Legisla- ture — on the Democratic side — who would intro- duce it free of any of the Whig odor of Logan or the Free-Soil Whigism of Lincoln. "This was done. Edwards consented, and adopted the act as they had prepared it. He copied the manuscript in his own handwriting and interested his party friends in the Legislature to secure its adoption. "All three thus had a hand in it. I heard Ed- wards, in a speech in the courthouse at Petersburg in 1855 advocating its adoption by the referendum then before the State, say that he wrote the Law. This was in answer to an inquiry about the 'Search and Seizure clause' and its true meaning, and he showed (to his party friend's satisfaction) that it preserved the good Jacksonian doctrine that 'every man's private house was his castle' and inviolable." James B. Merwin, corresponding secretary of the Illinois State Maine Law Alliance, under au- LINCOLN AND PROHIBITION 71 thority and payment to push the work, says that Abraham Lincoln wrote the Law in December, after his, Merwin's, arrival in Springfield, and describes his first meeting with Lincoln, and says that Dr. Nathan S. Davis, of Chicago, the leading physician of that city and an aggressive temper- ance advocate, took charge of the Chicago work. He says that Dr. Davis regarded Lincoln at that time as a sort of political mountebank, and would not engage in the prohibition crusade until he was assured that Lincoln was not to dominate. Mr. Merwin says that William B. Ogden, also a strong temperance advocate, president of the Chicago & Northwestern Railway and former mayor of Chicago, started the subscription list for the prosecution of the work with twenty-five hundred dollars on the express condition that Lincoln should guide the campaign. Lincoln therefore had a double reason at the inception of the campaign for not assuming a spectacular prominence in the work. He was his party's choice for United States senator, and the Chicago temperance men led by Dr. Davis, on account of Dr. Davis's personal prejudice, were somewhat hostile toward him. Merwin always asserted that Lincoln was the brains of the movement, and that on Lincoln's direction he carried the text of the proposed Law, before introduction, to Lincoln's lawyer friends for them to pass judgment upon it. In addition to the referendum clause, the first instance, it is said, that an important State-wide 72 LINCOLN AND PROHIBITION law in Illinois carried such a submission feature, the act contained a clause which indicates that its framer aimed to make the wife, or the widowed mother of a drunkard's sous, a material witness, for it says : "Section 38. Any married woman who shall complain that liquor has been sold to her husband contrary to law, or any widow who shall complain that liquor has been sold to her son or sons con- trary to law, may in the stead or place of the two residents required by Section 12 of that Act make the complaint mentioned in Section 12, or any other section of this Act, and may institute and carry on any prosecution provided by this Act." This suggests that Mr. Lincoln, from his ex- jjerience as a lawyer, recognized the fact that the home as well as the addict was entitled to more adequate protection, and his Law provided that the word of the wife or widow might be accejjted as of equal value with the word of two ordinary witnesses. CHAPTER XV PRESS COMMENTS ON THE DRY LAW The record in the Chicago daily newspapers of the progress of the so-called Maine Law, through the debating period until its final passage through both Houses, is amply sufficient to show that this piece of temperance legislation en- grossed the attention of the lawmakers at Spring- field as hardly anything else during the session of 1855. The Springfield correspondent of the Chicago Daily Press of December 30, 1854, writes this paragraph with reference to the observance of the temperance law in Springfield at that time : "Most important of all recent improvements is the entire suppression of the open liquor traffic. An acquaintance of mine has been very con- stantly employed for the last two days in a fruit- less search for a glass of ale." Under date of January 4, 1855, the same cor- respondent writes from Springfield to the same paper : "It is confidently believed here that the Maine Law will be enacted at the present session." The issue of this paper of January 5 carries a half-column editorial praising the Rev. J. V. Wat- 73 74 LINCOLN AND PROHIBITION son, editor of the Northwestern Christian Advo- cate. This is the same gentleman who, according to the affidavit of Major Merwin, was present at the time when Abraham Lincoln presented the gold watch to Mr. Merwin for his services in con- nection with the propaganda work of the Maine Law Alliance.^ Under date of January 5, the correspon- dent, writing of the legislative doings in Springfield, says: "Logan [doubtless referring to Mr. Lincoln's one-time law partner, Stephen Logan] introduced a bill to repeal the laws au- thorizing the granting of licenses." January — "Logan's bill was up for debate. This act paves the way for a stringent law which is to follow." January 16 — "The Maine Law Alliance is now in daily session [in Springfield]." January 20 — The same correspondent tells of the debate on the Maine Law bill, starting at two o'clock in the afternoon and continuing until eleven at night, with the legislative chamber and corridors jjacked as he never saw them before. "I am informed," writes the correspondent, "that Judge Logan had most to do in giving legal shape to the bill." The bill was passed at eleven o'clock after a stormy debate. Ayes — Allen of Madison, Babcock, Bennett, Boal, Brown of Knox, Cline, Courtney, Day, Dig- 1 See note, p. 86. LINCOLN AND PROHIBITION 75 gins, Dunlop, Foss, Foster, Grove, Hackney, Henrj', Henderson, Hills, Johns, Lawrence, Lee, Little, Logan, Lovejoy, Lyman, McClure, McClun, McClain, Moulton, Parks of Logan, Parks of Will, Patten, Pinckney, Ivichmond of Cook, Riblatt, Rice, Sargeant, Straun, Sullivan, Swan, Turner, Waters, Wheeler — i2. Noes — Allen of Williamson, Bradford, Brown of Scott, Dearborn, Gray, Gregg, Heath, Higbie, Hinch, Hosnier, Hopkins, Holiday, Kinney, Mar- tin, McDauiel, Morrison, Preston, Pursely, Raw- lings, Richmond of Montgomery, Richmond of Schuyler, Sams, Seeborn, Towner, Trapp, Walker —26. The same correspondent's dispatch on February 2 records that there were petitions jjresented in the Senate and House in favor of the Maine Law. February 9 — The Prohibition bill was taken up in the Senate, discussed and j)assed with a vote of 17 ayes and 7 noes. Although the passage of the Maine Law had been the ujDpermost topic during the session, as soon as the decisive votes were taken it became a secondary topic of interest. Almost immediately the senatorial contest resulting in election of Lyman Trumbull crowded other news into the background. The Chicago Daily Press on March 7 began the publication of the new Prohibition Law, carrying it in four daily installments. On June 4 the same paper carried a news article 76 LINCOLN AND PEOHIBITION about a prohibition rally in the city of Chicago on June 2 in which three thousand children took part with the weather ten degrees above freezing. The banners and slogans displayed in the street parades were strikingly similar to those used by the temperance i)eople in later years. This dem- onstration was almost immediately prior to the referendum vote taken throughout the State on the adoption of the Prohibition Law. Chicago city voted against prohibition by a vote of 3,864 against, to 2,795 for. The comment of the daily papers of Chicago on the election and its results seemed to sustain the contention of Major Merwin that the temperance people were robbed of an honest victory through gross fraud. The Chicago Daily Press of June 6 says: "The 7th Ward gave 759 against, and only 84 for prohibition. At the last municipal elec- tion this ward polled 593 votes, being 333 less than was polled there on Monday." The same paper enters into an analysis of the vote in various wards in the city where the brewers were in al- most undisputed control, quoting figures to show that the ballot boxes probably had been stuffed. This same newspaper in an editorial on June 9, conceding the defeat of prohibition, closed with this prophecy: ''Their [the prohibitionists'] triumph, though delayed for a time, must be cer- tain.'' A recently published letter written by Abraham Lincoln to Norman B. Judd presents clear proof LINCOLN AND PROHIBITION 77 that the "powers of darkness" which Lincolu op- posed maintained supremacy through the illegal use of the ballot. Lincoln and his friends battling for prohibition encountered the liquor business in 1855, and the liquor men won. With a recollec- tion of this same kind of fraud, Lincoln in the 1858 campaign for the United States senatorship, writes as follows to his friend Judd : AsHviLLE, Oct. 20, 1858. Hon. N. B. Judd, My Dear Sir: I now have a high degree of confidence that we shall succeed, If we are not overrun with fraudu- lent votes to a greater extent than usual. On alighting from the cars and walking the square at Naples on Monday, I met about fifteen Celtic gentlemen, with black carpet sacks in their hands. I learned that they had crossed over from the railroad in Brown County, but where they were going no one could tell. They dropped in about the doggeries, and were still hanging about them when I left. At Brown County yesterday I was told that about four hundred of the same sort were to be brought into Schuyler, before the election, to work on some new railroad, but on reaching here I find Bagby thinks that is not so. What I most dread is that they will introduce into the doubtful districts numbers of men who are legal voters in all re- spects except residence, and who will swear to residence, and thus put it beyond our power to exclude them. They can and I fear will swear falsely on that point, because they know that it is next to impossible to convict them of perjury upon it. Now the great reassuring fact of the campaign is finding a way to head this thing off. Can it be done at all? 78 LINCOLN AND PROHIBITION I have a bare suggestion. When there is a known body of these voters, could not a true man of the "de- tective" class, be introduced among them in disguise, who could, at the nick of time, control their votes? Think this over. It would be a great thing, when this trick is attempted upon us, to have the saddle come up on the other horse. I have talked more fully than I can write, to Mr. Scripps, and he will talk to you. If we can head off the fraudulent votes we shall carry the day. Yours as ever, A. Lincoln. CHAPTER XVI ILLINOIS DRY LAW, FEBRUARY 12, 1855 The campaign for the j)assage of the Illinois prohibition law, like the Maine Law, was waged for months previous to its passage. Both the Senate and the Legislature which met in January, 1855, were dry, being controlled by the Republi- cans and Whigs. Probably by consent of the leaders, containing many of Lincoln's personal friends, and his former law partner, Judge Ste- phen T. Logan, the prohibition measure, contain- ing a submission, or referendum clause, was dis- posed of first. It was passed by the Legislature on January 20, 1855, by a vote of 42 to 26, and by the Senate on February 9, by a vote of 17 to 7. As soon as the lower house had passed it, its ul- timate passage was assured. It was signed on Lincoln's birthday, February 12, 1855. It failed of final enactment at the referendum election on June 4, 1855, by a vote of 93,102 against, to 79,- 010 for. As elsewhere set forth, the supporters of the measure doubtless would have prevailed if they had received a "square deal." The passage of the bill by the Legislature and its enactment through the signature of Governor 79 80 LINCOLN AND PROHIBITION Matteson afforded an interim of several months for a campaign throughout the State for its adop- tion. Lincoln, on February 8, 1855, had been de- feated by Lyman Trumbull for the United States senatorship. He now was free to assist the tem- perance forces. With great shrewdness Lincoln and those who collaborated with him in framing the Law, in- corporated a section jjroviding for the printing in pamphlet form of fifty thousand copies of the Act immediately after the adjournment of the Legis- lature, and the sending of five hundred copies to each county in the State for general distribution. It was the proper distribution of these pamphlets that took Merwin, who was the corresponding secretary of the Illinois State Maine Alliance, around the State, and Lincoln accompanied him to many of the county seats. Stephen A. Douglas, who three years later de- feated Lincoln for the United States Senate fol- lowing their joint debates over the extension of slavery, doubtless caused the defeat of the prohi- bition measure. At that time he had a stronger political following than had Lincoln, A. J. Baber, banker of Paris, Illinois, writing under date of January 14, 1914, to Dr. John G. Woolley, says: ''Politics never entered the question until Stephen A, Douglas came out in a great speech in the northwestern part of the State and told the peojjle to bury 'Maine Lawism' and 'Abolition- ism' all in the same grave. Then the Democrats LINCOLN AND PROHIBITION 81 knew what to do. They went in with a whoop against prohibition, and the Whigs and Republi- cans were mostly for prohibition." In his letter to John G. Woolley printed in The New Republic, a temperance journal edited by William E. (''Pussyfoot") Johnson, in 1914, Mr. Baber corroborates the contention of James B. Merwin that Abraham Lincoln spoke in support of the 1855 Illinois prohibition law. Mr. Baber says: "I don't know how often Mr. Lincoln spoke, but I will call your attention to one time. While at court session in 1855 my business called me to Paris (111.), and I saw Lincoln, Ficklin, Liuder and Judge Harlan sitting in the shade of the Paris House, and I went to where they were. Becoming acquainted with all of them, they invited me to sit down. I did so, and very soon Lincoln spoke up and said that Colonel Baldwin had invited him to come to his place and make a temperance speech, and it was about time he was going. Linder and Ficklin opposed his going — rather made sport of him, and Harlan said : 'Let him go. He will prove to the people that they have some rights besides what is in a jug.' Baldwin was to come after Lincoln, and didn't come in time, and Lincoln started afoot and walked to the place of speaking, six miles out. Lincoln expected to meet Baldwin coming, but Baldwin came another road, and he missed him. It was a hot day, and Lincoln wore a long linen duster, and made the trip just 82 LINCOLN AND PROHIBITION to make a temperance speech — walked six miles on a hot day." This corroborative evidence by Mr. Baber, an entirely competent and conservative man, that Lincoln campaigned for the dry law in the sum- mer of 1855, although he was supposed to be so much engrossed with the anti-slavery agitation as not to be able to do so, and the further fact that Stephen A. Douglas threw his power against the prohibition law, is of more than passing interest. Both incidents are exactly in harmony with the life practices and professed principles of the two men — Lincoln believing that a moral idea was the mightiest thing beneath the throne of God, and Douglas not caring whether it was or not. CHAPTER XVII COLD WATER ONLY AT SPRINGFIELD NOTIFICATION Lincoln's adherence to total abstinence was impressively illustrated at his home in Springfield following his nomination for President when the committee on notification, headed by Mr. Ash- mun, waited upon him. Charles Carleton Coffin, journalist and historian, was in the party. After the formalities were over with, Mr. Lincoln said : "Mrs. Lincoln will be pleased to see you in the other room, gentlemen. You will be thirsty after your long journey. You will find something re- freshing in the library." There were drinking men in the delegation, and what they expected to find in the other room to allay thirst may be imagined. The only liquid at their disposal was a pitcher of cold water — no wines or liquors. The night before neighbors of the Lincolns had called on them and suggested that the visiting delegation would need some re- freshment, wines or liquors. "I haven't any in the house," said Mr. Lincoln. "We will furnish them," said one of the callers. "Gentlemen," said Mr. Lincoln, "I cannot allow you to do what I will not do myself." 83 84 LINCOLN AND PROHIBITION That was not the end of it. Democratic citizens of Sijringfield, thinking that their city had been highly honored by the nomination, sent over some baskets of champagne. Mr, Lincoln sent them back, thanking them for their intended kindness. CHAPTER XVIII THE PROHIBITION WATCH After the prohibition campaign was over, and before James B. Merwin left the State to go to Michigan to do temperance work, Mr. Lincoln, after conference with others interested in tem- perance, got up a purse, bought a handsome gold watch and chain, and after writing an inscription which was engraved on the inside case, presented it to Merwin in the office of the Northwestern Christian Advocate, in the presence of the editor, J. V. Watson, and others. The inscription in the watch reads : "Presented by the friends of temperance in Chicago to J. B. Merwin, Corresponding Secretary of the Illinois State Maine Law Alliance, as a token of their confidence and regard for his un- tiring energy and perseverance in the campaign of 1855 for Prohibition." Below these lines appear the words: "Inscrip- tion written by Abraham Lincoln." Mr. Merwin made the following affidavit Octo- ber 12, 1916 : "The aforesaid watch was presented to me in the year 1855, the presentation taking place in the editorial rooms of the Northivestern Christian 85 86 LINCOLN AND PROHIBITION Advocate, there being present at the time the editor of the Advocate, J. V. Watson, Abraham Lincoln,^ and others interested in the cause of State prohibition at that time. Abraham Lincoln was a contributor to the fund for the purchase of the watch, and wrote the watch inscription in- corporated in this deposition. ''Abraham Lincoln had been associated with me in campaigning for more than six months, and without solicitation or prompting on the part of anyone, and wholly, as I believe, from personal regard, wrote the inscription already referred to." This affidavit, duly signed and witnessed, is in possession of the writer. New York watch experts have valued the watch as having cost between two hundred and three hundred dollars when it was bought new in the fifties. Merwin carried the timepiece all of his life. He said that he once dropped it in a mud- hole during the war, but that it was recovered by a negro, who was paid twenty-five dollars to walk around in the mudhole in his bare feet until he found it. The watch, at last accounts, was the property of the grandson of Lyman A. Mills, of Middlefield, Connecticut, whose wife is a younger sister of the late Mrs. J. B. Merwin. 1 The files of the Northwestern Christian Advocate corroborate this incident except as to the presence of Mr. Lincohi. CHAPTER XIX ABOUT CHAPLAIN JAMES B. MERWIN AND LINCOLN The Rev. James B. Merwin, whose labors and documents form an impressive link connecting Abraham Lincoln with aggressive interest in the suppression of intemperance and the passage of a prohibition State law in Illinois in 1855, was born in Cairo, Greene County, New York, in 1829. Merwin prepared for Amherst College at the Brookfield Academy in Connecticut. He became the editor of a temperance paper called The Foun- tain in the city of Hartford. He was appointed the corresponding secretary of the Connecticut Temperance Society early in the fifties, and with others made a successful fight for State-wide pro- hibition in Connecticut, following the prohibition victory in Maine in 1851. After the Civil-War period he settled in Saint Louis, where for twenty years he was the publisher of the American Jour- nal of Education. He died in Brooklyn on April 3, 1917, and was buried at New Britain, Con- necticut, with military honors by a local Grand Army post. He is spoken of by those who knew him well and heard him as a most effective and eloquent temperance worker and lecturer on tem- perance, also frequently lecturing on Shakespeare. 87 88 LINCOLN AND PEOHIBITION The temperance history of the period shows that in nearly all of the Northern States the anti- liquor people waged campaigns for the passage of prohibition laws like the Maine Law. The tem- perance people in Illinois sent for Merwin to take up the work there. His own narrative, given else- where, tells of the beginning of his association with Abraham Lincoln, who addressed a tem- perance gathering in the State House the night of Merwin's arrival in Springfield. After the defeat of the prohibition law in Il- linois in the referendum election in June, 1855, Merwin went to Michigan and other points, where he busied himself with temperance agitation until the breaking out of the Civil War. The record shows that he was regularly ordained as a Con- gregational clergyman, and the documentary proof is unassailable that President Lincoln, on his own initiative, directed him to make temper- ance addresses to the soldiers. In order to fa- cilitate this work President Lincoln wrote for him a special pass, which is of exceeding interest on account of its peculiarity. It reads as follows : Surgeon-General will send Mr. Merwin wherever he may think the public service may require. July 24, 1862. A. Lincoln. The pass is jieculiar in that in writing it Presi- dent Lincoln had to make the five lines fit the space on the inside of an old-fashioned daguerreo- type case. Mr. Merwin says that the President ^ T^y ,c£:^Aj l^ James B. Merwin's Army Pass Written by Lincoln LINCOLN AND PEOHIBITION 89 prepared this pass with liis own hand, and on his own initiative. This pass is owned by the writer of this volume. The preparation of Merwin's pass was subse- quent to an ineffectual effort on the part of the President and friends of Merwiu to have Merwin commissioned a major of volunteers, under in- struction to do temperance work among the soldiers in the army. The frustration of the ef- forts to have Merwin appointed a major affords a most interesting side-light on Lincoln's deter- mination to have temperance work done among the soldiers, the support of the idea by the most powerful men close to Lincoln in the Senate and House, and the obstacles put in the way of the carrying out of the idea by the War Department. As indicated by the documents, facsimiles of which are given, the plan to install Merwin as a tem^jerance worker in the army started on the suggestion of the President himself by the sign- ing of a memorial setting forth the desirability of having the work done. This memorial w^as signed by President Lincoln's most stalwart supporters. The mere mention of these names in connection with the plan is of significance as supporting Mer- win's repeated contention that President Lincoln sustained him during the war period in his tem- perance w^ork. The memorial apparently was' written either by Charles Sumner or Governor William A. Buckingham of Connecticut. On the back of this memorial, most of which 90 LINCOLN AND PROHIBITION document is in the possession of the writer, are the following indorsements: If it be ascertained at the War Department that the President has legal authority to make an appointment such as is asked within, and Gen. Scott is of opinion it will he available for good, then let it be done. July 17, 1861. A. Lincoln. I esteem the mission of Mr. Merwin to the Army a happy circumstance, and request all commanders to give him free access to all of our camps and posts and also to multiply occasions to enable him to address our oflBcers and men. Signed July 24, 1861. Winfield Scott. Depabtment of Virginia. The mission of Mr. Merwin will be of great benefit to the troops, and I will furnish him with every facility to address the troops under my command. I hope the General commanding the army will give him such offi- cial position as Mr. Merwin may desire to carry out his object. B. F. BUTLEB, Major-General Commanding. August 8, 1861. This document, carrying in order the Lincoln, Scott, and Butler recommendations, was sent to the War Department. According to Mr. Merwin, the officials there "lost" it, and it was not "found" again until President Lincoln himself sent a sharp note to the War Department asking for its return. Merwin was not appointed a major of volunteers, the War Department officials objecting on the r /■ ■■:■ /;.■ -•- ^- /. ^ r'V '.''^ ? ■^,^ ijIncoln axd Generals Scott and Butler Petition to Have James B. Merwin Designated as a Temperance Worker in the Army (Plate A) C'<1 A.. A. (.. t r L >.'// ■^J. ■/. ' lillOVU DC, That the branrs. un4 ,r:ihi,i Ih: r,iu!,nnd hid, f.uiyl'^ or jolro!-^. This I'oM wUfn-prr] ■r ,/,,!/ I^Od^e or Jcrrj lo VirslnUl, , r,>- /-.v;i„,-i.l ul' A. l',.r;Trc, Uri,. Gnu V. S. A., Vr.jvo^l 'Manhal. James B. Mekwin's Pass for Himself and Driver APPENDIX D 149 guarantee of my position. I had another pass, written and signed by President Lincoln, which I still have in my possession, and this carried me everywhere. The old document about which I am commenting, was "lost" almost as soon as I began to use it. I left it with the "War Department in the summer of 1861 on the request of department officials, and when I tried to get it back it was "missing." I told the President. He sent a peremptory order to Secretary Cameron, ordering the production of the lost paper. It was almost instantly "found" and returned to me. Brooklyn, New York, March 31, 1917. APPENDIX E BANKER A. J. BABER CONFIRMS MERWIN The following letter confirms the oft-repeated asser- tion by James B. Merwin tliat Lincoln took part in the prohibition campaign in Illinois in the summer of 1855. The writer of the letter, A. J. Baber, for many years was president of a bank in his home town of Paris, Illinois, and was not a total abstainer. His contribution, sent to John G. Woolley, apparently was wholly in the inter- est of truth. The letter follows. January 24, 1914. Mr. John G. Woolley, Madison, Wis. Dear Sir: I have promised to write you a few lines in regard to Mr. Lincoln being a temperance man. I know he was a full-fledged temperance man, but as to being a Prohibitionist, I have forgotten whether he was really a Prohibitionist, but I know he was an ardent temperance man. I saw him many times when he would come to Edgar County to attend court. In early days the law- yers would follow the circuit. The judge would have several counties to hold court in, and the lawyers would start in with the judge and all go together, and this was called the circuit, and Lincoln would follow the circuit; this brought him to Paris twice a year for quite a number of years. And, as Lincoln was an ingenious talker and a fine story-teller, I would frequently wedge in to hear the stories, and whenever the question of liquor would come up, the lawyers would all talk, and most of them would go to the saloon and take a drink, but Lincoln always refused. 150 APPENDIX E 131 I wish to call your attention to the election held in this State in 1855 on the prohibition question. The Legislature passed a bill during the session of 1854 and 1855 to submit the question to a vote of the people. The election was to be held on the fourth of June, 1855. That was in the early settling of the prairie land of our country, when the chills came every year, and also rattlesnakes were bad in the prairie, and we were taught to get a gallon jug of liquor and put a certain amount of roots and herbs in it. It would keep the chills away, and also cure snakebite, and the consequence was that nearly everybody kept a jug in the house, and occasion- ally got it refilled. Well, the people nearly all became orators, some taking one side and some the other. Meetings were held at the schoolhouses and meetinghouses and at the cross- roads. It seemed like nearly everybody could talk some, and so it went on. Politics never entered the question until Stephen A. Douglas came out in a great speech in the northwestern part of the State and told the people to bury "Maine Lawism" and "Abolitionism" all in the same grave. Then the Democrats knew what to do. They went in with a whoop against Prohibition, while the Whigs and Republicans were mostly for Prohibition. I don't know how often Mr. Lincoln spoke, but I will call your attention to one time. While at court session in 1855 my business called me to Paris, and I saw Lin- coln and Ficklin, Linder and Judge Harlan, sitting in the shade of the Paris House, and I went to where they were. Becoming acquainted with all of them, they in- vited me to sit down. I did so, and very soon Lincoln spoke up and said that Col. Baldwin had invited him to come to his place and make a temperance speech, and it was about time he was going. Linder and Fick- lin opposed his going — ^rather made sport of him — but Harlan said: "Let him go. He will prove to the people that they have some rights besides what is in a jug." 152 LINCOLN AND PKOHIBITION Baldwin was to come after Lincoln, but didn't come in time, and Lincoln started afoot and walked to the place of speaking, six miles out. Lincoln expected to meet Baldwin coming, but Baldwin came another road and he missed him. It was a hot day and Lincoln wore a long linen duster, and made the trip just to make a temperance speech — walked six miles on a hot day. Well, I am getting this story too long. I must close. The election was held and our county (Edgar) voted against Prohibition. The vote stood: For Prohibition, 810; against Pro- hibition, 1,33L The vote in the State was: For Prohibition, 79,010; against Prohibition, 93,102; defeated by 14,092. While I have forgotten just how Mr. Lincoln stood, I believe he was for Prohibition at that time, but he didn't want to see it made a party question so as to break up the Republican Party that was just forming and coming to the front. Now, Mr. Woolley, I fear I have stretched this little story probably too long. You may not have time to read it; have written it in a great hurry at night, and had a poor light, so will close. I trust you are well and all right. I am eighty-two years old and making a hand. I would like to hear from you occasionally. Very truly yours, A. J. Baber, Paris, 111., January 14, 1914. P. S. I will say here, in 1855 under good old Demo- cratic times, you could buy whisky for 25c per gallon, good whisky at that. APPENDIX F MERWIN'S LETTER TO DR. BLAKESLEB Dr. F. D. Blakeslee, of Binghamton, Anti-Saloon League District Superintendent, wrote J. B. Merwin concerning Lincoln's temperance principles, and in his letter remarked that the number of persons now living who saw Abraham Lincoln later than Major Merwin did must be few, but that he (Dr. B.) was among the few, having seen and saluted Lincoln at the Washington Navy Yard between five and six o'clock the day he was assassinated. To this Chaplain Merwin replied as fol- lows: MiDDLEFTRT.n, CoNN., July 5, 1910. My Bear Br. Blakeslee: I read your letter of June 30th with interest and pleasure. My last interview with the great and good Lincoln is a long story. I knew him from 1854 on to the day he was assassinated. Dined with him that day. The Cabinet meeting ended early, a little before 12 o'clock. I left him after dinner about 2:30 for New York on a special mission to see Horace Greeley and submit to him a paper Mr. Lincoln had written on using the colored troops for digging the Panama Canal. Lee had surrendered. Jefferson Davis was a fugitive. The great heart of President Lincoln was burdened with the problem as how best to dispose of the 180,000 colored troops with arms in their hands. Major General Ben Butler said: "Mr. President, I can help you solve that problem. The terms of enlistment of these troops will not expire for a year or more. As a military 153 154 LINCOLN AND PROHIBITION measure, take them to Panama and build the canal with. them. Make me a major-general, put me in com- mand, and we will take them over and build and own the ttanal. As fast as possible we will take their families to them; the climate is about the same as they are used to; give them some land, and we will dig and own the canal." "What does Seward say? What does or what will Congress say?" asked President Lincoln. "All favorable." "What will Greeley say?" He was rather more afraid of Greeley than of Jeffer- son Davis. I had known Greeley well; had been on several mis- sions to Mr. Greeley for the President. I could and did go many times where and when his secretaries could not well go, for they were known. I was not especially known. I was on General Dix's staff in New York. Had charge of the sick and wounded soldiers passing to and from the hospitals through the city at that time. He telegraphed General Dix to send me to Washington by first train. I left New York Tues- day night, reached Washington Wednesday morning. A great crowd of people were around the White House. I held the telegram up. President Lincoln saw it; said, "Come at ten to-night." It was twelve at night before he could get away and lock up. We worked until three A. M. and then retired. Thursday night we worked on the proposition until three a. m. and still it did not quite suit Mr. Lincoln. Friday was cabinet meeting. He locked all the doors at its close and ordered our dinner brought up. He finished the paper. We ate dinner and he read it over. One door was not locked. Mrs, Lincoln came and said: "Abe, the Ford's Theater people have tendered us a box for this evening, and I have accepted it. The Grants are going with us, and I do not want you to make any other engagement." APPENDIX F 155 Mr. Lincoln said: "Mary, I don't think we ought to go to the theater. Do you remember It is Good Fri- day, a religious day with a great many people, and I don't think we ought to go to the theater to-night." Mrs. Lincoln said: "We are going." We finished dinner. He read the paper over again. He folded it carefully and handed it to me saying, "Merwin, we have cleaned up a colossal job. We have abolished slavery. After reconstruction the next great movement on the part of the people will be the over- throw of the legalized liquor traffic, and you know my heart and my hand, my purse and my life will be given to that great movement." "Mr. Lincoln, shall I make this public?" asked I. He said, "Yes; publish it as broad as the daylight." With that he shook my hand again and said, "By the way, stop over in Philadelphia and see the editors there." I stopped over in Philadelphia, waited until 12 o'clock. The editors did not come. I went to the Continental Hotel, and to my room, and then the news came that Lincoln had been assassinated. In the morning I took the cars for New York, waited two hours to see Greeley, and left the paper with Sidney Gay, brother-in-law to Greeley and assistant business manager of the Tribune. He gave the paper to Greeley and that was the last of it. It was mislaid; could not be found. Lincoln had passed on into the eternal silences, and we are not yet "re- constructed." But we are doing something to abolish the legalized liquor traffic. I am, first, last, and all the time a Pro- hibitionist, as Mr. Lincoln was, but if I could not pro- hibit and suppress the traffic in all the territory of the State of New York, if I could persuade a town, city or county to vote it out, I would do that and be thankful. Mr. Lincoln and I canvassed the State of Illinois to- gether for three or more months in 1855. Mr. Lincoln drew the Prohibitory Law. The Legislature passed it. 156 LINCOLN AND PKOHIBITION submitting it to a vote of the people. We came near — we did carry it, but Kentucky, Missouri, and Wisconsin poured in nearly 20,000 illegal votes in the counties bordering on those States, and then with those illegal votes counted, beat us with only a little over 14,000 votes. Some hard cases voted with us. I asked Mr. Lincoln if we wanted such votes. "Want them? Of course we do. I have lived here many years. I have never seen saints marching in bat- talions in Illinois yet. First the blade, then the ear, then the full corn, etc. Work with any and all who "will help us," Mr. Lincoln said. "Welcome one, ten, ten thousand," Mr. Lincoln said in his plain, pathetic way. "We must meet the traffic in one of two ways. We must furnish the recruits to keep up the ever-increasing army of drunkards or we must take temptation out of the way of the rising gen- eration by prohibiting it. Which way do you prefer to meet the traffic?" There was no continued bawl for money. We raised $25,000 in a few days in Chicago. William B. Ogden, president of the C. & N. W. R. R., sent for Mr. Lincoln and said: "Here is my check for $2,500. If you need more I will duplicate it whenever you call." Others gave $500. A large number of bankers in Chicago gave $500. So, now, if the case is plainly stated, as Mr. Lincoln put it, the money will come — all that is needed. I am enclosing President Lincoln's "military order" and the indorsement of Lieutenant-General Winfield Scott. General Scott said: "Shall I make it an order or a request?" President Lincoln said: "A request will do," and it did do. When General Scott was retired Mr. Lincoln fixed it so I could and should go when and where he wanted me to go. I am greatly pleased to know that you saw Mr. Lin- APPENDIX F 157 coin the day he was assassinated after I left. I started from Washington about 2:30 or 3 p. m. I did not know that he was intending to ride over to the Navy Yard that evening. I congratulate you upon your good for- tune and your memory of him must be a precious recol- lection. Most cordially yours, (Signed) J. B. Mebwin. APPENDIX G DR. NATHAN SMITH DAVIS, PIONEER TEMPERANCE ADVOCATE Nathan Smith Davis was born January 9, 1817, in the town of Greene, Chenango County, New York. In January, 1837, he graduated from Fairfield College with the degree of Doctor of Medicine. He was on the faculty of the College of Physicians and Surgeons, New York city, and in 1849 accepted the chair of physiology and pathology at Chicago Rush Medical College, holding the chair of practical medicine at the college. Dr. Davis was one of Chicago's most prominent citizens. He was a member of the Methodist Church from boyhood and was a large and frequent contributor to many public and private charities. Perhaps, however, the doctor's prominent characteristic and the one that made him so potential a factor for good was his persistent, arduous, and uncompromising advocacy of temperance and his constant assaults upon the evils of strong drink. 158 APPENDIX H EX-SECRETARY ROBERT T. LINCOLN'S LETTER ABOUT MERWIN 1775 N Street, Washington, D. C. April 30, 1917. My Dear Mr. White: My acknowledgment of your letter of April 20 has been delayed by much pressure of work; I am glad to have it with its inclosures. You will perhaps be surprised to know that I never heard of James B. Merwin until a few months ago when some one wrote me in regard to some of his quotations of my father. I thereupon obtained a book I had not before seen called Footprints of Abraham Lincoln, by the Rev. J. T. Hobson, and in this book I found much mention of Mr. Merwin, and I must confess to you that I was dumfounded to know that my father had a friend who claimed such intimacy with him and of whom I knew nothing whatever. I was surprised, too, by some of his statements which indicated that he accompanied my father on a long temperance campaign in Illinois at a time when I supposed my father was giving all the attention he could possibly take away from his professional work, upon which depended his living, in a campaign against the repeal of the Missouri Compromise. You will find in Nicolay & Hay reference to the political work, but none to the temperance work at any such time. You may think that I was too young to do so, but I very well remember that political campaign of my father and even drove him to a number of meetings; if it is true, as I believe 159 160 LINCOLN AND PROHIBITION it is, that I never heard him speak of Merwin, it is at least queer. Then as to his dining with my father on the day of his death I can only say this: I arrived from Appomattox on the morning of that day and break- fasted with my father; I do not recall anything about luncheon, but I dined with him and my mother in the evening of that day and I simply know that neither Mr. Merwin nor any other guest was present at the dinner. Perhaps Mr. Merwin did take luncheon with him and calls it dinner; that is entirely possible, but I know nothing of it, and personally I have my doubts as to the truth of the statement. That was a very busy day at the White House; General Grant was in town and conferred with my father; there was a Cabinet meeting, and it is hard to make me believe that on that day he discussed with Mr. Merwin a plan for the extension and completion of the Panama Canal by means of the labor of the freedmen, and plans for his going to New York to secure the views of Horace Greeley and others on that subject. The sum of this is that while there may be no doubt of Mr. Merwin having done something in the cause of temperance, I cannot help the feeling that in his ac- count of things he has let his imagination run a little wild. I notice you speak of him with quotation marks as "Major" Merwin. In the inclosures you sent me he is referred to by General Scott as "Mr." Merwin and by my father in the same way. I find in a well-known Army Register that he was appointed by the President, Hos- pital Chaplain in the Volunteer Service, June 13, 1862, and that he went out of the Service August 21, 1865. I do not think that Chaplains had the rank of Major or were called so. As an illustration of the growth of inventions, in the book of Dr. Hobson, who never saw my father, I find at page 53 the following statement; APPENDIX H 161 "Mr. Lincoln often 'preached' what he called his 'ser- mon to boys,' as follows: 'Don't drink, don't gamble, don't smoke, don't lie, don't cheat. Love your fellow men, love God, love truth, love virtue, and be happy.' " In the inquiry made of me of v/hich I wrote above, a later author improved this invention of Dr. Hobson's as follows: "The Hon. Robert T. Lincoln has stated that his father never used liquor or tobacco in any form, and quotes the following sermon, as he calls it, which he preached to his boys: 'Don't drink, don't smoke, don't chew, don't swear, don't gamble, don't lie, don't cheat. Love your fellow men and love God. Love truth, love virtue and be happy.' " I never made the statement nor heard of it until I saw it as indicated. Very truly yours, RoBEET T. Lincoln. Hon. Charles T, White. APPENDIX I LINCOLN AND A PANAMA GANAL On account of the fact that President Lincoln, accord- ing to the narrative of James B. Merwin, had in mind the employment of Civil War colored soldiers for the construction of a canal across the Isthmus of Panama, explicit treatment of that fact would seem to be fully warranted. Merwin says that on the very afternoon preceding the assassination of the President he was privately com- missioned by the President to see Col. A. K. McClure, of the Philadelphia Twies, and Horace Greeley, of the New York Tribune, concerning the feasibility of a plan by General Benjamin F. Butler for the construction of a Panama Canal, the manual labor to be performed mainly by the colored soldiers. Mr. Merwin in a sense connects Lincoln's uncontroverted statement concerning his hope for the abolition of the drink evil with this mission by Merwin to McClure and Greeley relating to the Butler canal plan. Lincoln writers have not accorded to this fact the weight which its importance warrants. According to General Butler's own narrative, President Lincoln was very much concerned, following the surrender of Lee and his visit to Richmond, over the possibility of trouble between the white and black races after the colored soldiers had been mustered out of the army. General Butler says that President Lincoln sent for him, and said: "General Butler, I am troubled about the Negroes. We are soon to have peace. We have got some one hundred and odd thousand Negroes who have been 1C2 APPENDIX I 163 trained to arms. When peace shall come I fear lest these colored men shall organize themselves in the South, especially in the States where the Negroes are in preponderance in numbers, into guerilla parties, and we shall have down there a warfare between the whites and the Negroes. In the course of the reconstruction of the government it will become a question of how the Negro is to be disposed of. Would it not be possible to export them to some place, say Liberia or South America, and organize them into communities to support themselves? Now, General, I wish you would examine the practica- bility of such exportation. Your organization of the flotilla which carried your army from Yorktown and Fort Monroe to City Point, and its success, show that you understand such matters. Will you give this your attention, and at as early a date as possible, report to me your views upon the subject?" General Butler after a few days of preparation called on President Lincoln and after an extended conversation convinced him that the exportation idea was entirely impracticable, one paragraph of his report suggesting that Negro children would be born faster than the gov- ernment's whole naval and merchant vessels, if all of them were devoted to that use, could carry them from the country. President Lincoln said that Butler's deductions seemed to be correct; Butler then brought forward his canal suggestion: "We have," said he, "large quantities of clothing to clothe them, large quantities of provision with which to supply them, and arms and everything necessary for them, even to spades and shovels, mules and wagons. I know of a concession of the United States of Colombia's for a tract of thirty miles wide across the Isthmus of Panama for opening a ship canal. The enlistments of the Negroes have all of them from two to three years to run. Why not send them all down there to dig the 164 LINCOLN AND PROHIBITION canal? They will withstand the climate, and the work can be done with less cost to the United States in that way than in any other. If you choose, I will take com- mand of the expedition. Shall I work out the details of such an expedition for you, Mr. President?" President Lincoln, after reflecting for some time, said: "There is meat in that suggestion, General Butler, there is meat in that suggestion. Go and talk to Seward, and see what foreign complication there will be about it. Then think it over, get your figures made and come to me again as soon as you can." General Butler called upon Secretary of State Seward and explained in a few words what the President wanted. Seward said: "Yes, General, I know that the President is greatly worried upon this subject. He has spoken to me of it frequently, and yours may be a solution of it; but to-day is my mail day. I am very much driven with what must be done to-day; but I dine, as you know, at six o'clock. Come and take a family dinner with me, and afterward, over an indifferent cigar, we will talk this matter over fully." That evening Secretary Seward in his drive before dinner was thrown from his carriage and severely in- jured, his jaw being broken, and he was confined to his bed until the assassination of Lincoln, and the at- tempted murder of himself by one of the confederates of Booth, so that the subject was not again brought to President Lincoln by General Butler or Secretary Seward. But the President, with characteristic tenacity of pur- pose, followed up the matter by directing Merwin to' confer with McClure and Greeley about the feasibility of the scheme, with the result as stated elsewhere by Merwin in his own narrative. APPENDIX J TEXT OF MAINE PROHIBITION LAW (ADOPTED 1851) An Act for the Suppression of Drinking Houses and Tippling Shops. Section 1. No person shall be allowed at any time, to manufacture or sell, by himself, his clerk, servant or agent, directly or indirectly, any spirituous intoxicating liquors, or any mixed liquors, a part of which is spirit- uous or intoxicating, except as hereafter provided. Sec. 2. The selectmen of any town, and mayor and aldermen of any city, on the first Monday of May, an- nually, or as soon thereafter as may be convenient, may appoint some suitable person as the agent of said town or city, to sell at some central or convenient place within said town or city, spirits, wine, or any other in- toxicating liquor, to be used for medicinal and mechani- cal purposes, and no other; and said agent shall re- ceive such compensation for his services as the board ap- pointing him shall prescribe; and shall in the sale of such liquors conform to such rules and regulation, as the selectmen, or mayor and aldermen as aforesaid shall prescribe for that purpose. And such agent appointed as aforesaid shall hold his situation for one year, unless sooner removed by the board fx'om which he received his appointment, as he may be at any time at the pleasure of the board. Sec. 3. Such agent shall receive a certificate from the mayor, and aldermen or selectmen by whom he has been appointed, authorizing him as the agent of such town or city, to sell intoxicating liquors for medicinal and mechanical purposes; but such certificate shall not 165 166 LINCOLN AND PROHIBITION be delivered to the person so appointed until he shall have executed and delivered to said board a bond with two good and suflQcient sureties in the sum of $600 in substance as follows: Know All Men that we, as principal, and and as sureties, are holden and stand firmly bound to the inhabitants of in (or city, as the case may be) in the sum of $600 to be paid them, to which payment we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seal, and dated this day of A. D. The condition of this obligation is such, that whereas, the above bounden has been duly appointed as agent for the town (or city) of , to sell within and for and on account of said town (or city) intoxi- cating liquors for medicinal and mechanical purposes, and no other, until the of A. D., unless sooner removed from said agency. Now if the said shall in all respects conform to all the provisions of the law relating to the business for which he is appointed, and to such rules and regulations as now are or shall be from time to time established by the board making the appointment, then this obligation to be void; otherwise to remain in full force. Sec. 4. If any person, by himself, clerk, servant, or agent, shall at any time sell any spirituous or intoxi- cating liquors, or any mixed liquors, part of which is intoxicating, in violation of the provision of this act, he shall forfeit and pay on the first conviction ten dol- lars and the cost of prosecution and shall stand com- mitted until the same be paid; on the second conviction he shall pay twenty dollars, and the cost of prosecution, and shall stand or be committed until the same be paid; on the third and every subsequent conviction he shall pay twenty dollars and the costs of prosecution and shall be imprisoned in the common jail not less than APPENDIX J 167 three months, nor more than six months, and in default of the payment of the fine and costs prescribed by this section for the first and second convictions, the convict shall not be entitled to the benefit of Chapter 175 of the Revised Statutes until he shall have been imprisoned two months; and in default of payment of fines and costs provided for the third and every subsequent con- viction, he shall not be entitled to the benefits of said Chapter 175 of the Revised Statutes until he shall have been imprisoned four months. And if any clerk, serv- ant, agent, or other persons in the employment or on the premises of another shall violate the provisions of this section, he shall be held equally guilty with the principal and on conviction shall suffer the same penalty. Sec. 5. Any forfeiture or penalty arising under the above section may be recovered by an action of debt or by complaint before any justice of the peace, or judge of any municipal or police court, in the county where the offense was committed, and the forfeiture so re- covered shall go to the town where the convicted party resides for the use of the poor; and the prosecutor, or complainant, may be admitted as a witness in the trial. And if anyone of the selectmen, or board of mayor and aldermen shall approve of the commencement of any such suit, by indorsing his name upon the writ, the defendant shall in no event recover any costs; and in all actions of debt arising under this section, the fines and forfeitures suffered by the defendant, shall be the same as if the action had been by complaint. And it shall be the duty of the mayor and aldermen of any city, and selectmen of any town, to commence an action in behalf of said town or city against any person guilty of a violation of any of the provisions of this act, on being informed of the same, and being furnished with proof of the fact. Sec. 6. If any person shall claim an appeal from a judgment rendered against him by any judge or justice, 168 LINCOLN AND PKOHIBITION on trial of such action or complaint, he shall, before the appeal shall be allowed, recognize in the sum of one hundred dollars, with two good and suflBcient sureties, in every case so appealed, to prosecute his appeal, and to pay all costs, fines and penalties that may be awarded against him, upon a final disposition of such suit or complaint. And before his appeal shall be allowed he shall also, in every case, give a bond, with two other good and sufficient sureties, running to the town or city where the offense was committed, in the sum of two hundred dollars, that he will not, during the pendency of such appeal, violate any of the provisions of this act. And no recognizance, or bond, shall be taken in cases arising under this act except by the justices or judges before whom the trial was had; and the defendant shall be held to advance the jury fees in every case of appeal in an action of debt; and in the event of a final convic- tion before a jury, the defendant shall pay and suffer double the amount of fines, penalties, and imprisonment awarded against him by the justice or judge from whose judgment the appeal was made. The forfeiture of all bonds and recognizances given in pursuance of this act shall go to the town or city where the offense was com- mitted for the use of the poor; and if the recognizances and bonds mentioned in this section shall not be given within twenty-four hours after the judgment, the appeal shall not be allowed; the defendant in the meantime to stand committed. Sec. 7. The mayor and aldermen of any city, and the selectmen of any town, whenever complaint shall be made to them that a breach of the conditions of the bond given by any person appointed under this act has been committed, shall notify the person complained of, and if upon a hearing of the parties it shall appear that any breach has been committed, they shall revoke and make void his appointment. And whenever a breach of any bond given to the inhabitants of any city or town. APPENDIX J 169 In pursuance of any of the provisions of this act, shall be made known to the mayor and aldermen, or select- men, or shall in any manner come to their knowledge, they, or some one of them, shall, at the expense and for the use of said city or town, cause the bond to be put in suit in any court proper to try the same. Sec. 8. No person shall be allowed to be a manufac- turer of any spirituous or intoxicating liquor, or com- mon seller thereof, without being duly appointed as aforesaid, on pain of forfeiting on the first conviction the sum of one hundred dollars and costs of prosecution, and in default of the payment thereof the person so con- victed shall be imprisoned in the common Jail sixty days; and on the second conviction the person so con- victed to pay the sum of two hundred dollars and the costs of prosecution, and in default of payment shall be imprisoned four months in the common jail; and on the third and every subsequent conviction shall pay the sum of two hundred dollars and be imprisoned four months in the common jail of the county where the of- fense was committed; said penalties to be recovered before any court of competent jurisdiction, by indict- ment, or by action of debt in the name of the city or town where the offense shall be committed. And when- ever a default shall be had of any recognizance arising under this act, scire facias shall be issued, returnable at the next term, and the same shall not be continued, un- less for good cause, satisfactory to the court. Sec. 9. No person engaged in the unlawful traffic in intoxicating liquors shall be competent to sit upon any jury in any case arising under this act; and when in- formation shall be communicated to the court that any member of any panel is engaged in such traffic, or that he is believed to be so engaged, the court shall inquire of the jurymen of whom such belief is entertained; and no answer which he shall make shall be used against him in any case arising under this act; but if he shall 170 LINCOLN AND PKOHIBITION answer falsely, he shall be incapable of serving on any jury in this State, but he may decline to answer, in which case he shall be discharged by the court from all further attendance as a juryman. Sec. 10. All cases arising under this act, whether by action, indictment, or complaint, which shall come be- fore a superior court, either by appeal or original entry, shall take precedence in said court of all other busi- ness, except those criminal cases in which the parties are under arrest awaiting a trial; and the court, and prosecuting officers shall not have authority to enter a nolle prosequi, or to grant a continuance in any case arising under this act either before or after the verdict, except where the purposes of justice shall require it. Sec. 11. If any three persons voters in the town or city where the complaint shall be made shall, before any justice of the peace, or judge of any municipal or police court, make complaint under oath or affirmation, that they have reason to believe, and do believe, that spirituous or intoxicating liquors are kept or deposited, and intended for sale by any persons not authorized to sell the same in said city or town under the provisions of this act, in any store, shop, warehouse, or other building or place, in said city or town, said justice or Judge shall issue his warrant of search to any sheriff, city marshal, or deputy, or to any constable, who shall proceed to search the premises described in said war- rant, and if any spirituous or intoxicating liquors are found therein, he shall seize the same, and convey them to some proper place of security, where he shall keep them until final action is had thereon. But no dwelling house in which, or in part of which, a shop is not kept, shall be searched unless at least one of said complain- ants shall testify to some act of sale of intoxicating liquors therein, by the occupant thereof, or by his con- sent or permission, within at least one month of the time of making said complaint. And the owner or keeper of APPENDIX J 171 said liquors, seized as aforesaid, if he shall be known to the officer seizing the same, shall be summoned forthwith before the justice or judge by whose warrant the liquors were seized, and if he fails to appear, or unless he can show by positive proof that said liquors are of foreign production, that they have been imported under the laws of the United States, and in accordance therewith, that they are contained in the original packages in which they were imported, and in quantities not less than the laws of the United States prescribe, they shall be de- clared forfeited, and they shall be destroyed by authority of the written order to that effect of said justice or judge and in his presence, or in the presence of some person appointed by him to witness the destruction thereof, and who shall join with the officer by whom they shall have been destroyed in attesting that fact upon the back of the order by authority of which it was done; and the owner or keeper of such liquors shall pay a fine of twenty dollars and costs, or stand committed for thirty days, in default of payment, if in the opinion of the court said liquors shall have been kept or deposited for the purposes of sale. And if the owner or possessor of any liquors seized in pursuance of this section shall set up the claim that they have been regularly imported under the laws of the United States and that they are contained in the original pack- ages, the customhouse's certificates of importation and proofs of marks on the casks or packages corresponding thereto shall be received as evidence that the liquors contained in such packages are those actually imported therein. Sec. 12. If the owner, keeper, or possessor of liquors seized under the provisions of this act shall be unknown to the officer seizing the same, they shall not be con- demned and be destroyed until they shall have been advertised, with the number and description of the pack- ages, as near as may be, for two weeks, by posting up a 172 LINCOLN AND PROHIBITION written description of the same in some public place that if such liquors are actually the property of any city or town in the State, and were so at the time of the seizure, purchased for sale by the agent of said city or town, for medicinal or mechanical purposes, only, in pursuance of the provisions of this act, they may not be destroyed; but upon satisfactory proof of such owner- ship within said two weeks before the justice or judge by whose authority said liquors were seized, said justice or judge shall deliver to the agent of said city or town, an order to the officer having said liquors in custody, whereupon said officer shall deliver them to said agent, taking his receipt therefor upon the back of said order, which shall be returned to said justice or judge. Sec. 13. If any person claiming any liquors seized as aforesaid shall appeal from the judgment of any justice or judge by whose authority the seizure was made, to the district court, before his appeal shall be allowed, he shall give a bond in the sum of two hundred dollars, with two good and sufficient sureties to prosecute his appeal, and to pay all fines and costs which may be awarded against him; and in the case of any such ap- peal, where the quantity of liquors so seized shall ex- ceed five gallons, if the final decision shall be against the appellant that such liquors were intended for him by sale, he shall be adjudged by the court a common seller of intoxicating liquors, and shall be subject of the penalties provided for in section eight of this act; and said liquors shall be destroyed as provided for in sec- tion eleven, but nothing contained in this act shall be construed to prevent any chemist, artist, or manu- facturer, in whose art or trade they may be necessary, from keeping at his place of business such reasonable and proper quantities of distilled liquors as he may have occasion to use in his art or trade, but not for sale. Sec. 14. It shall be the duty of any mayor, alderman, selectman, assessor, city marshal, or deputy or con- APPENDIX J 173 stable, if he shall have information that any intoxicating liquors are kept or sold in any tent, shanty, hut or place of any kind for selling refreshments in any public place, on or near the ground of any cattle show, agricultural exhibition, military muster, or public occasion of any kind, to search such suspected place, and if such officer shall find upon the premises, any intoxicating drinks, he shall seize them and arrest the keeper or keepers of such place, and take them forthwith, or as soon as may be, before some justice or judge or municipal or police court, with the liquors so found or seized, and upon proof that such liquors are intoxicating, that they were found in the possession of the accused, in a tent, shanty, or other place as aforesaid, he or they shall be sentenced to imprisonment in the county jail for thirty days, and the liquor so seized shall be destroyed by order of said justice or judge. Sec. 15. If any person arrested under the preceding section, and sentenced as aforesaid, shall claim an ap- peal, before his appeal shall be allowed, he shall give a bond in the sum of one hundred dollars, with two good and sufficient sureties, that he will prosecute his appeal and pay all fines, costs, and penalties that may be awarded against him. And if on such appeal the verdict of the jury shall be against him, he shall in addition to the penalty awarded by the lower court, pay a fine of twenty dollars. In all cases of appeal under this act from the judgment of a justice or of a judge of any municipal or police court to the district court, except where the proceeding is by action of debt, they shall be conducted in said district court by the prosecuting officer of the government, and said officer shall be en- titled to receive all costs taxable to the State, in all criminal proceedings under this act, in addition to the salary allowed to such officer by law, but no costs in such cases shall be remitted or reduced by the prose- cuting officer or the court. In any suit, complaint, in- 174 LINCOLN AND PKOHIBITION dictment, or other proceeding against any person for a violation of any of the provisions of this act, other than for the first offense, it shall not be requisite to set forth particularly the record of a former conviction, but it shall be sufficient to allege briefly that such person has been convicted of a violation of the fourth section of this act, or as a common seller as the case may be, and such allegation in any civil or criminal process, in any stage of the proceeding, before final judgment, may be amended without terms and as a matter of right. Sec. 16. All payments or compensations for liquor sold in violation of law, whether in money, labor, or other property, either real or personal, shall be held and considered to have been received to have been in viola- tion of law, and without consideration, and against law, equity, and a good conscience, and all sales, transfers, and conveyances, mortgages, liens, attachments, pledges and securities of every kind which either in whole or in part shall have been for or on account of spirituous or intoxicating liquors, shall be utterly null and void against all persons and in all cases, and no rights of any kind shall be acquired thereby; and in any action, either at law, or equity, touching such real or personal estate, the purchaser of such liquors may be a witness for either party. And no action of any kind shall be maintained in any court in this State, either in whole or in part, for intoxicating or spirituous liquors sold in any other State or country whatever, nor shall any action of any kind be had or maintained in any court of this State, for the recovery or possession of intoxicating or spirit- uous liquors, or the value thereof. Sec. 17. All the provisions of this act, relating to towns, shall be applicable to cities and plantations; and those relating to selectmen shall also be applied to the mayor and aldermen of cities and assessors of planta- tions. Sec. 18. The act entitled An Act to Restrict the Sale APPENDIX J 175 of Intoxicating Drinks, approved August sixth, 1846, is hereby repealed, except the thirteen sections from Sec- tion 10 to Section 22 inclusive, saving and reserving all actions or other proceedings, which are already com- menced by authority of the same; and all other acts, and parts of acts, inconsistent with this act are hereby repealed. This act to take effect from and after its ap- proval by the governor. APPENDIX K THE ILLINOIS 1855 PROHIBITION LAW FRAMED BY ABRAHAM LINCOLN Sale of intoxicating liquors prohibited Not to extend to cider and wine manufac- tured in the State AN ACT for the suppression of intem- perance, and to amend Chapter 30 of the Revised Statutes Section 1. Be it enacted ty the people of the State of Illinois, represented in the General Assembly, That no person shall, at any time or place, within this State, manu- facture or sell, or shall, at any store, grocery, tavern, or place of trade, enter- tainment or public resort, or railroad or canal, or in any of the appurtenances or dependencies of any such place, give away, contrary to the provisions of this act, by himself, his servant or agent, directly or indirectly, any spiritous or intoxicating liquor, or any mixed liquor, of which a part is spiritous or intoxicating, except as here- inafter provided; and ale, porter, lager beer, cider, and all wines, are included among intoxicating liquors within the meaning of this act. S. 2. Nothing contained in this act shall be construed to forbid the making of cider from apples, or wine from grapes, currants, or other fruit grown or gathered by the manufacturer, in this State, or the selling of such cider or wine, in quantities not less than one gallon, if made in this State, by the maker thereof; nor shall anything 176 APPENDIX K 177 herein prohibit the brewing of ale, porter, or lager beer, if manufactured in this State, and exported and sold in not less quantities than thirty gallons, without the limits of the same; and the person or persons manu- facturing or selling such ale, porter, or lager beer shall have first given bond as required by the third section of this act of persons engaged in the manufacture of alcohol or high wines; and any other manufacture or sale of such wine, cider, ale, porter, or lager beer shall be deemed an unlawful (sale) within the meaning of this act. S. 3. Nothing in this act shall be con- strued to forbid the sale, by the importer thereof, of foreign spiritous or intoxicating liquors, imported under the authority of the laws of the United States regarding the importation of such liquor, and in accord- ance with said laws: Provided, that the said liquor, at the time of sale by said importer, remains in the original casks or packages in which it was by him imported, and in quantities in which the laws of the United States require such liquor to be imported, and is sold by him in said casks or packages, and in said quantities only; and the customhouse certificate of importa- tion, and proof of marks on the casks or packages in which such liquor is contained, corresponding thereto, shall not be received as evidence that the liquor contained in such packages is that actually imported therein: Provided, that nothing in this act contained shall be construed to prevent the manufacture of alcohol and high wines, if Not to extend to imported liquors when not sold in less quantities than 30 gallons Proviso Proviso 178 LINCOLN AND PROHIBITION License when and by whom granted to manufacturers Licensed persona to give bond not adapted to use as a beverage, provided the same be exported out of this State in quantities not less than thirty gallons. No license shall be required to manufacture such liquor for exportation and sale as aforesaid, but such manufacturer shall be required to give bond as provided in case of other manufacturers, so far as applic- able. S. 4. The county court of any county, or in counties having township organiza- tion, the board of supervisors may, by cer- tificates signed by two thirds of the judges, or by two thirds of the boards of super- visors, give all persons who shall, in writ- ing, apply to them therefor, authority to manufacture, at such places only within said county as said court or board of supervisors shall, in said certificate, desig- nate, spiritous or intoxicating liquors, and to sell the same in those places only, to duly authorized agents of cities, towns, and counties in this State; but such authority shall not continue, in any case, longer than one year from the date of the certificate in that case given, and may be at any time revoked by said court or board of super- visors; and no person shall receive such a certificate, or exercise such authority until he shall have executed and delivered to the treasurer of said county a bond, with at least two good and sufficient sureties, In a sum not less than one thousand dollars nor more than ten thousand dollars, as said county court or board of supervisors shall require, conditioned that he will not, at any time during the year next following APPENDIX K 179 the date of his said certificate, infringe in any manner or degree any provision of this or any law of this State touching the manu- facture or sale of spiritous or intoxicating liquors. If any person so authorized and bound shall break the condition of such bond, said bond shall forthwith be put In suit; his said certificate and authority shall Instantly become void, and he shall not thereafter be permitted to manufacture or sell any spiritous or intoxicating liquor, and shall, moreover, be subject to all the penalties herein provided against the manufacture, sale, or giving away spiritous or intoxicating liquors contrary to the pro- visions of this act. The county court or board of supervisors shall not have the power to grant such authority to manufac- ture liquor for the purpose aforesaid, with- in the limits of any incorporated town or city in this State; but such authority may be granted and certificates issued by the common council of said city or the presi- dent and trustees of said town, In the man- ner and upon the conditions above specified as applicable to the county court or board of supervisors, and the bond required shall be made payable to the treasurer of said town or city. S. 5. The mayor and aldermen of any city may, within such city, the president and trustees of any incorporated town may, within such town, the board of supervisors, in counties having township organization, may, within townships not within a city or incorporated town, and in counties not having township organization, the county License to sell, when and by whom granted 180 LINCOLN AND PKOHIBITION court may, in any precinct -without the limits of any incorporated town or city, as hereinafter provided, at any meeting of their board, court or body, duly convened, upon reasonable notice to every member thereof, appoint some suitable person or persons as agent or agents of said city, town or county, for the purchase of spirit- ous and intoxicating liquors, and for the sale thereof within such city, town, town- ship, or precinct, for sacramental, medici- nal, chemical, and mechanical uses only; which such agents may be removed and others appointed in their stead, at pleasure, by the body appointing, or their successors in office, or a majority of them; but no more than one agent shall be appointed in any town, township, or precinct containing less than two thousand inhabitants, and not more than two in any incorporated town, city, township, or precinct containing less than ten thousand inhabitants, and not mora than three such agents in any city, except the city of Chicago, and not more than five such agents shall be in office at the same County time in the said city of Chicago. The county court court of the counties which have not adopted the township organization, at any regualr meeting of the court for the trans- action of county business may, in their dis- cretion, upon the petition of a majority of the legal voters of any precinct, not being an incorporated town or city of the State, or in the limits thereof, appoint one such agent for said precinct. No inn-keeper, or keeper of a public eating house, or of a house of public entertainment, shall be ap- APPENDIX K 181 pointed such agent. Every such agent shall Duties hold his office for one year, unless sooner °^ ^^ent removed; he shall sell such liquor only in the one place designated in writing by the body appointing him; he shaU, in the pur- chase and sale of such liquor, conform to such rules and regulations as the said body appointing him shall prescribe, not incon- sistent with the provisions of this act; he shall keep an accurate account of all his purchases and all his sales, specifying in such account the kind, quantity, and price of the liquor bought by him, the date of each purchase made by him, and the name of the person of whom such purchase was made, the kind, quantity, and price of liquor sold by him, the date of each sale made by him, the name of the purchaser at every such sale, and the use for which the liquor on every such sale was sold, as stated by the purchaser, and of all for- feited liquor by him received and sold or destroyed; which account shall be at all times open to the inspection of the body appointing such agent, or any member thereof; and when required by said body, or a majority of them, he shall account with them regarding all his dealings as such agent, and exhibit to them all receipts, bills, books, papers of every kind, relating to such dealings, or to his accounts; he shall sell such liquor at not more than twenty-five per cent advance upon the cost thereof, and shall, when required by the body appointing him, pay over the proceeds of his sales to the treasurer of the body so appointing him, and he shall semiannually. 182 LINCOLN AND PROHIBITION or oftener, if required by the body so ap- pointing him, make a report, verified by his oath or affirmation, of all his purchases, and the costs thereof, and of his sales, and the proceeds thereof, specifying the number of sales, the respective quantities and kinds sold for each of the purposes of sacramen- tal, medicinal, chemical and mechanical uses, and the quantity and kind and cost of all liquors remaining on hand at the time of such meeting, and of all forfeited liquors by him received and sold or destroyed; ■which report, however, shall not specify the names of the persons to whom his sales may hav$ been made. He shall receive for his services such Compensation fixed and stipulated compensation as said body appointing said agent shall prescribe, but the amount of said compensation shall not be increased by reason of any increase or diminution of the sales of such liquor by such agent, and he shall not be in any way, except as one of the inhabitants of the city, town, county, or precinct, interested in said liquor, or in the purchase or sale thereof, or in the profits thereon; and no such agent shall be authorized to sell or give away any spiritous or intoxicating liquors, or any such liquors mixed with soda water, or any other compound, liquid, or otherwise, to be drank, taken, or used as medicine or other- wise, in their store, shop, or place of busi- ness, or any of the appurtenances or de- pendencies thereof; but any such sale or giving away shall subject the said agent to the same penalties provided for the sale or giving away of liquors contrary to the pro- APPENDIX K 183 Certificate to be given to the agent appointed visions of this act. If any person purchas- Penalty ing any spiritous or intoxicating liquor of such agent shall intentionally make to such agent any false statement regarding the use to which such liquor is intended by the purchaser to be applied, such person so offending shall, upon conviction thereof, forfeit and pay a fine of fifty dollars, to- gether with costs of his prosecution, to be recovered by an action of debt, before any justice of the peace, or, if the offense is committed within a city, police magistrate of any such city, or by indictment in the circuit court of the proper county. Every such agent shall receive, from the body ap- pointing him, a certificate authorizing him as agent of said town, city or county, as the case may be, to sell at the place mentioned in such certificate spiritous or intoxicating liquors for sacramental, medicinal, chemi- cal, and mechanical uses only; which said certificate, when granted by any common council of a city, or president and trustees of a town, or county court, or board of supervisors, shall be issued by the clerks of said bodies, respectively, attested by their common or corporate seal, or in case there is no such seal, then by the private seal of said clerk. Said agent shall not receive any such certificate, or exercise his office until he shall have executed and de- livered to the body appointing him, for the use of the city, town, or county appointing him, a bond, with at least two good and sufficient sureties, approved by said body appointing him, in a sum not less than six hundred dollars, in substance as follows: 184 LINCOLN AND PROHIBITION Form of bond "Know all men that we, , as princi- pal, and , as sureties, are held and Penalty firmly bound to in the sum of dollars, to he paid to said to which payment we bind ourselves, our heirs, and executors, and administrators, firmly by these presents. Sealed with our seals, and dated at , this day of , A. D. "The condition of this obligation is such, that whereas the above bounden has been appointed an agent for said , to sell within said and on — , spiritous or intoxi- account of said — eating liquors, to be used for sacramental, medicinal, chemical, and mechanical pur- poses only, until the day of , A. D., unless he be sooner removed from his agency. Now if the said shall in all respects conform to the provisions of the law in relation to his agency, and the laws of this State relating to the sale of spiritous or intoxicating liquors, then this obligation to be void." S. 6. If any such agent shall break the condition of such bond, such bond shall be forthwith put in suit, and his said certifi- cate and appointments shall immediately become void, and he shall not thereafter be permitted to act as agent for the sale of liquors anywhere in this State; and, more- over, for any such violation shall be liable to the same penalties herein by this act provided for the illegal sale or giving away of liquors contrary to the provisions of this act. APPENDIX K 185 S. 7. Every person who shall, in viola- Penalty for tion of this act, manufacture spiritous or t^e violation intoxicating liquor, or mixed liquor of ^igiong of this which a part is spiritous or intoxicating act after first liquor, shall pay, on his first conviction conviction for said offense, a fine of one hundred dol- lars and the costs of prosecution, and in default of payment thereof shall be im- prisoned sixty days in the common jail; on his second conviction for said offense he shall pay a fine of two hundred dollars and the costs of prosecution, and in default of payment thereof he shall be imprisoned four months in the common jail; and on every subsequent conviction for said offense he shall pay a fine of two hundred dollars and be imprisoned four months in the com- mon jail. Every prosecution under this section, if the offense is committed within the limits of any city, shall be heard and determined before the police magistrate's court, and said court shall, upon every con- viction, order that the person so convicted shall stand conmiitted until the fine and costs are fully paid; or, if upon the first conviction, until he shall have been im- prisoned sixty days, and also that he be imprisoned for the period herein provided, if upon a subsequent conviction; or such prosecutions for offenses against the pro- visions of this section, when committed without the limits of a city, shall, in the first instance, be brought before any justice of the peace of the proper county, who shall thereupon proceed in the same man- ner as provided for in the 203d section, of Chapter XXX, of the Revised Statutes, in 186 LINCOLN AND PROHIBITION Penalty for giving away or exchanging for other property reference to the violations of the provisions of that chapter. S. 8. If any person, in violation of this act, by himself, his servant or agent, shall, for himself or anybody else, directly or in- directly, or on any pretense, or by any de- vice, sell, or in consideration of the pur- chase of any other property give to any person any spiritous or intoxicating liquor, or any liquor of which part is spiritous or intoxicating, or shall at any store, grocery, tavern, or place of trade, entertainment, or public resort, or in any of the appurte- nances or dependencies of any such place or any public place, give away any such liquors, he shall pay, on his first conviction for said offense, fifty dollars and the costs of prosecution; and on the second convic- tion for said offense he shall pay a fine of one hundred dollars and costs of prosecu- tion, and on every subsequent conviction he shall pay a fine of two hundred dollars and the costs of prosecution, and shall be im- prisoned not less than three months nor more than six months. Every prosecution under this section shall. If the offense is committed within the corporate limits of any city, be heard and determined before one of the police magistrate's courts in said city, and said police magistrates are authorized and required, in case of convic- tion, to order the person or persons so convicted to stand committed until the fine and costs are fully paid, and also to com- mit said convicted persons for the term of imprisonment for which they may be sen- tenced. In cases of trial by jury under APPENDIX K 187 this section, the jury shall fix the time of imprisonment in case of conviction as above provided, but if the accused shall plead guilty, or shall consent to the trial by said police magistrate, then the said police magistrate may fix the term of im- prisonmenl;; or prosecutions for the first and second of said offenses, when commit- ted "without and beyond the limits of any city, shall be brought in the first place be- fore any justice of the peace of the county where said offenses may be committed, "who may hear and determine the same, and upon conviction, issue execution against the goods and chattels for the fine and costs, or the said justice in his discretion may proceed according to section 203d, of Chapter XXX, of the Revised Statutes, and in the manner therein provided for offenses against the provisions of that chapter; and prosecutions for the third or any subse- quent offense committed without the limits of any city, shall also be first brought be- fore any justice of the peace of the proper county, who shall thereupon proceed ac- cording to said section 203d, of Chapter XXX, Revised Statutes. All clerks, agents, and servants of every kind employed in selling or keeping for sale, or giving away, in violation of the provisions of this act, of any spiritous or intoxicating liquor, or any mixed liquor, a part of which is spiritous or intoxicating, shall incur the same penalties and be prosecuted against in the same manner as principals, and may in the information, indictment, or complaint, be charged in Penalties applicable to clerks, agents and servants 188 LINCOLN AND PROHIBITION Penalty for the violation of the pro- visions of this act the same manner and be convicted, whether their principals he convicted or not. No such clerk, servant, or agent shall be ex- cused from testifying against his principal upon the ground or for the reason that he may thereby criminate himself; but no testimony so given by him shall in any prosecution be used as evidence, either di- rectly or indirectly, against said clerk, servant, or agent, nor shall he thereafter be prosecuted for any offense so disclosed by him. S. 9. No person shall own or keep any spiritous or intoxicating liquor, or any mixed liquor of which a part is spiritous or intoxicating, with intent to sell or give away the same in violation of this act, or to permit the same to be sold or given away in violation of this act; and every person who shall own or keep any such liquor with any such intent, shall, on his first convic- tion for said offense, pay a fine of fifty dollars and the costs of prosecution; on his second conviction shall pay a fine of one hundred dollars and costs of prosecu- tion; on every subsequent conviction for said offense he shall pay a fine of two hun- dred dollars and the costs of prosecution, and shall be imprisoned not less than three nor more than six months. Every prose- cution for said offenses when committed within the corporate limits of any city in this State, shall be heard and determined by one of the police magistrates of said city, and such magistrate is authorized and required to order any person so con- victed before him to stand committed until APPENDIX K 189 the fine and costs imposed hereby are fully paid, and to stand committed for the time of imprisonment for which he may be sen- tenced, as herein provided for; and when said offenses shall be committed beyond the limits of any city, then said prosecu- tions shall first be brought before some jus- tice of the peace of the proper county, who may hear and determine prosecutions for the first and second offenses, and issue executions against the goods and chattels of any person convicted before him there- for; or the said justice, in his discretion, may proceed according to section 203, of Chapter XXX, in the Revised Statutes, in the manner provided therein in relation to offenses against such chapter; and every prosecution for a subsequent offense so com- mitted beyond the limits of any city, shall first be brought before some justice of the peace of the proper county, who shall thereupon proceed acording to said section 203, of Chapter XXX, Revised Statutes. And upon the trial of every complaint for the violation of this section or of the eighth section of this act, proof of the finding of the liquor specified in the complaint in the posesssion of the accused, in any place except his private dwelling house or its de- pendencies (or in such dwelling house, or de- pendencies if the same be a tavern, public eating house, grocery, or other place of public resort), shall be received by the court, magistrate, or justice of the peace, as presumptive evidence that such liquor was kept for sale contrary to the provisions of this act. 190 LINCOLN AND PROHIBITION Appeal may be taken NuisaQoe Written complaint to be made S. 10. Any person may appeal from a final judgment rendered against him by a justice of the peace for a first or second offense under section eight or section nine, and from any final judgment of a police magistrate of any city, to the circuit court of the county wherein said judgment may have been rendered: Provided, he shall forthwith give bond in not less than five hundred dollars, with at least two good and Bufflcient sureties, with condition to appear at the court appealed to, and there to prosecute his appeal and to abide the sen- tence of the court thereon, and that he will not, during the pendency of such appeal, violate the provisions of this act. Said bond may be approved by the justice of the peace or police magistrate rendering the judgment or by the clerk of the circuit court, in the manner provided by law in other cases. S. 11. All spiritous or intoxicating liquors, and all mixed liquors, of which a part is spiritous or intoxicating, intended by the owner or keeper thereof to be sold or given away, in violation of this act, shall, with the vessels in which it is con- tained, be deemed a nuisance, and shall, with said vessels, be forfeited to the city, town, or county in which it is kept. S. 12. If any two or more persons, resi- dents in any city, county, or town, being of full age, shall before a justice of the peace of the county or police magistrate of said city, make written complaint that any spiritous or intoxicating liquor, or any mixed liquor, of which a part is spiritous APPENDIX K 191 or intoxicating (described as nearly as may- be in said complaint) is in said town, city, or county in any place described as nearly as may be in said complaint, or in any steamboat, or water craft of any kind, depot, railroad car or land carriage of any kind, described as nearly as may be in said complaint, or in a street or public highway, or any public place whatsoever, described as nearly as may be in said com- plaint, kept, owned, or carried by any per- son or corporation, described as nearly as may be in said complaint, and is intended by him or them to be sold or given away in violation of this act; and if said complain- ants shall, before said justice or police magistrate, as the case may be, make oath or aflarmation that they have reason to be- lieve, and do believe, to be substantially true the allegations in said complaint, said justice or police magistrate, as the case may be (upon finding probable cause for said complaint), shall issue his warrant of search, directed to the sheriff of the county, his deputy, or any constable of said county, or if to be executed within the limits of a city, to the sheriff of the county, his deputy, or any constable of the county or city marshal of said city or his deputies, describing as nearly as may be the liquor and the place described in said complaint, and the person described in said complaint as the owner or keeper of said liquor, and commanding said oflBcer to search thoroughly the said place, to seize said liquor, with the vessels containing it, and to keep the same securely until final 192 LINCOLN AND PROHIBITION Proviso action be had thereon: Provided, however, that if the place to be searched be a dwell- ing house in which any family resides, and in which no tavern, eating house, grocery, or other place of public resort is kept, such warrant shall not be issued, unless one at least of said complainants shall on oath or affirmation before said justice or police magistrate declare that he has rea- son to believe, and does believe, that within one month next before the making of said complaint, spiritous or intoxicating liquor, or mixed liquor, of which a part is spiritous or intoxicating, has been, in vio- lation of this act, sold in said house or in some dependency thereof, by the person accused in said complaint, or by his con- sent or permission; nor unless from the facts and circumstances disclosed by said complaint to said justice or police magis- trate, said justice or police magistrate shall be of opinion that said complainant has adequate reason for such belief. Whenever the offense shall be alleged to be without and beyond the limits of an incorporated town or city, then the complaint herein provided for may be made by any residents of the county before any justice of the peace of the county, and warrant of search may be issued by such justice in the man- ner herein above provided. Duty of jxisticea S. 13. Whenever upon such warrant of the peace g^^j^ liquor shall have been seized, the and police magistrates justice Or police magistrate issuing said warrant shall, within forty-eight hours after such seizure, cause to be posted upon some public place within such town, city. APPENDIX K 193 or (in case the said liquor is so found "without the limits of an incorporated town or city), county, and to be left at the place where said liquor was seized, if said place be a dwelling house, store, or shop, and to be left with or at the last usual place of abode of the person named in said com- plaint as owner or keeper of said liquor, if such person be a resident of this State, a notice summoning such person, and all others whom it may concern, to appear be- fore said justice or police magistrate, at a place and time named in said notice, which time shall not be less than two or more than four weeks after the posting and leav- ing of said notices, and show cause, if any they have, why said liquor should not be forfeited, with the vessels containing it; and said notice shall, with reasonable cer- tainty, describe said liquor and vessels, and state where, when, and why the same were seized. At the time and place pre- scribed in said notice the person named iu such complaint, or any person claiming an Interest in said liquor and vessels, or any part thereof, may appear and show cause why the same should not be forfeited. If any person shall then and there so appear, he shall become a party defendant in said cause, and said justice or police magistrate shall make a record thereof. "Whether any person so appear or not said complainants or either of them, or upon the failure of such complainants the oflBcer having such liquor in custody, shall appear before said justice of the peace, or police magistrate, and prosecute said complaint, and show 194 LINCOLN AND PROHIBITION cause why such liquor should be adjudged forfeited; and said justice or police magis- trate shall make a record of such appear- ance and the name of such prosecutor, and shall proceed to inquire whether said liquor and vessels be liable to forfeiture; and if upon the evidence then and there presented to him he shall find that said liquor or any part thereof was, when seized, kept or carried by any person for the pur- pose of being sold or given away in viola- tion of this act, said justice or police mag- istrate shall render judgment that said liquor, or said part thereof, with the ves- sels in which it is contained, is forfeited. If no persop be made defendant in manner aforesaid, or if judgment be in favor of all the defendants who appear, then the costs of the proceedings shall be paid by the city, town, or (if the said liquor Is found as aforesaid without and beyond the limits of an incorporated town or city) county. If the judgment of said justice or police magistrate shall be against only one defend- ant appearing as aforesaid, he shall pay all the costs of the proceedings in the seiz- ure and detention of the liquor claimed by him up to that time and of said trial. But if such judgment shall be against more than one party defendant claiming distinct interest in said liquor, then the costs of said proceedings and trial shall be equit- ably, according to the discretion of said justice or police magistrate, apportioned among said defendants; and in either case such costs shall be collected by execution or executions Issued by said justice or APPENDIX K 195 police magistrate against the property and (if said executions are issued by a police magistrate) bodies of the defendants whose duty it is to pay the same, and paid into the treasury of the town, city, or county, as the case may be, where the said liquor was seized. And if any such execution shall not be forthwith paid, the defendant in execution, if said execution shall have been issued by a police magistrate, shall be committed to jail, and shall not be released therefrom imtil he shall have paid said exe- cution and the costs of his commitment and detention, or if said execution is issued by a police magistrate, until he shall have been imprisoned thirty days at least. The said justice of the peace or police magis- trate shall have power to continue to another time, not exceeding fifteen days, the hearing of the question of forfeiture as herein provided and also to adjourn the same from day to day until determined. Any person appearing as aforesaid may Appeal may appeal from said judgment of forfeiture ^^ *»'^®° (as to the whole or any part of the liquor and vessels so adjudged forfeited) to the circuit court next to be holden in the county wherein such judgment is rendered, but his appeal shall not be allowed until he shall give bonds, with good and suffi- cient security, to be approved by the jus- tice or police magistrate before whom said judgment shall be rendered, to the treas- urer of the town, city, or county, as ihe case may require, in such an amount as said justice or police magistrate shall order, not less than five hundred dollars, 196 LINCOLN AND PROHIBITION conditioned that he appear before said cir- cuit court and prosecute his said appeal and abide the order of the court there- upon, and also, that he will not, during the pendency of said appeal, violate any of the provisions of this act; and in each in- stance in which any such appeal or ap- peals is or are allowed, said justice or police magistrate shall transmit to the clerk of said court, within ten days there- after, and on or before the first day of the term to which said appeal or appeals shall be taken, a copy of said record, by him made, of the original complaint, and all proceedings had before him in the case and said complaint; and the case or cases aris- ing upon said appeal or appeals shall there- upon be pending before said circuit court. If before said circuit court no party so appealing shall appear, the appeal bond or bonds shall be forfeited, and said court shall render judgment that the liquor and vessels in respect to which said appeal or appeals has or have been taken are for- feited; but if any party or parties so ap- pealing shall appear, said court shall pro- ceed to try, by jury, the issue or issues arising upon said appeal or appeals, sev- erally or collectively, as said court may deem proper; and if by verdict of the jury, accepted by the court, it is found that said liquor, in respect to which any appeal was taken, was, when seized, kept by any person for the purpose of being sold or given away in violation of this act, then said liquor and vessels containing it shall be adjudged forfeited, and said court shall APPENDIX K 197 tax the costs arising upon said appeal against said party appealing, and order him to pay the same forthwith; and for the payment thereof, according to said order, his said appeal bond shall stand as security, and said defendant may by said court be committed to jail until the fine and costs are paid. S. 14. Whenever it shall be finally de- Forfeited elded that liquor seized as aforesaid is liquors *« forfeited, the justice of the peace, police magistrate, or other court rendering final judgment of forfeiture, shall Issue to the officer having said liquors in custody, or to some other proper officer, a written order, directing him to deliver said liquor, and the vessels containing it, to some agent duly appointed for the sale of intoxicating liquors in the city, town, township, or precinct of the county where said liquor was seized, or in case there be no such, agent in said city, town, township, or pre- cinct, then to some other such agent in some other city, town, township, or pre- cinct in the same county, which order the said officer, after obeying the commands thereof, shall return to said court with his doings thereon indorsed. Said agent shall receive said liquor and vessels, and if, in his opinion, the same, or any part thereof, be fit to be sold for any lawful uses, he shall sell the same, or such part thereof, in the course of his agency, for the benefit of the city, town, or county, as the case may be, wherein the same were seized; and If, in his opinion, the same, or any part thereof, be not fit to be sold, he shall de- to agent 198 LINCOLN AND PEOHIBITION stroy the same, or such part thereof. Whenever it shall be finally decided that any liquor so seized is not liable to for- feiture, the court so deciding shall issue a written order to the officer having the same in custody, or to some other proper officer, to restore said liquor, with the vessels containing it, to the place where it was seized, as nearly as may be, or to the per- son entitled to receive it, which order the said officer, after obeying the commands thereof, shall return to said court with his doings thereon indorsed. And the costs of the proceedings in such case shall be taxed and paid by the city, town, or county wherein said liquor was so seized. S. 15. Whenever any officer authorized to commence a prosecution for a violation of the ninth section of this act, shall in any way receive notice that liquor has been seized upon a warrant issued pursuant to the twelfth section of this act, said officer Bhall immediately cause a prosecution for violation of said ninth section to be com- menced before the justice or police magis- trate who issued said warrant against the person named in said warrant as the owner, or keeper, or carrier of the liquor to be seized, unless such prosecution shall have been already commenced by some other proper officer. S. 16. A complaint under the twelfth section of this act may be in form, sub- stantially, as follows: Form of "To A. B., esq., a justice of the peace of oomplamt ^^le county of , or police magistrate of the city of , (as the case may be). APPENDIX K 199 The complaint of the undersigned (resi- dent in said , of full age,) sheweth that in a certain place in said , to wit: (here insert description of shop, house, or other place, describing the same as nearly as may be,) certain liquor, to wit: (here insert description of liquor, describing the same as nearly as may be) is owned or kept (as the same may be) by C. D. in the , in the county of , and is intended by said C. D., to be sold or given away in violation of the act of 1855, entitled 'An act for the suppression of intemperance, and to amend chapter thirty of the Revised Statutes,' and against the peace and dignity of the people of the State of Illinois. Wherefore, the com- plainants pray your honor to issue a war- rant of search, that said place may be searched, and said liquor seized and dis- posed of according to law. "Dated at , this day of . "E. F. "G. H. "I. J." The justice of the peace or police magis- trate to whom such complaint is made, having administered the oath or affirma- tion required by section twelfth, may cer- tify on such complaint the administration of said oath and his finding thereon, in the following form: " county ss. (Town or city Form and date). Personally appeared E. F., of oath G. H. and I. J., residents in said , being of full age, and presented to me the foregoing complaint, by them signed, and 200 LINCOLN AND PROHIBITION made solemn oath (or affirmation, as the case may be) before me, that they have reason to believe, and do believe to be sub- stantially true the allegations in said com- plaint. Whereupon, I find that probable cause exists for said complaint; and (incase a dwelling house, etc., is to be searched) the said , one of said complainants, having on his oath (or affirmation) before me declared that he has reason to believe, and does believe, that within one month next before the making of said complaint spiritous or intoxicating liquor, or mixed liquor, a part of which is spiritous or in- toxicating, has been sold in violation of the act of 1855, for the 'suppression of intem- perance, and to amend chapter thirty of the Revised Statutes,' in said house, or in some dependency thereof, by the person accused, or by his consent or permission, upon the facts and circumstances dis- closed by said , to me, I am of the opinion he has adequate cause for such belief. "A. B., J, P., or Police Magistrate." A warrant issued pursuant to section twelfth may be, in form, substantially as follows : Form "The people of the State of Illinois to the of warrant sheriff of the county of , his deputy, or either constable of said county, or (if the warrant is to be executed in any city) to the sheriff, deputy sheriff, or constable of the county of , or marshal of the city of , greeting: "Whereas, E. F., G. H. and I. J., resi- dents in said , being of full age, APPENDIX K 201 have, before me, made their written com- plaint, that in a certain place in said , to wit: in (here insert a descrip- tion of shop, house, or other place, describ- ing the same as nearly as may be) certain liquor, to wit: (here insert a description of the liquor as nearly as may be) is owned or kept (as the case may be) by C. D. of (name of county, city, town, or other place, naming it), and is intended by said C. D., to be sold or given away, in violation of the act of 1855, entitled 'An act for the sup- pression of intemperance, and to amend chapter thirty of the Revised Statutes,' and against the peace and dignity of the peo- ple of the State of Illinois, "And whereas, said complainants have before me made solemn oath (or affirma- tion, as the case may be) that they have reason to believe, and do believe, to be substantially true, the allegations in said complaint; and whereas I do find that probable cause exists for said complaint, and (in case a dwelling house, etc., is to be searched), and the said , one of said complainants, having on his oath (or affirmation, as the case may be), before me declared that he has reason to believe, and does believe, that within one month next before the making of said complaint, spirit- ous or intoxicating liquors, or mixed liquors, part of which is spiritous or intoxi- cating, has been sold in violation of the act of 1855, for 'the suppression of intem- perance, and to amend chapter thirty of the Revised Statutes,' in said house or some dependency thereof, by the person accused 202 LINCOLN AND PROHIBITION in the complaint aforesaid, or by his con- sent (or permission), upon the facts and circumstances disclosed by said , I am of opinion that he has adequate cause for such belief; now, therefore, in the name and by the authority of the people of the State of Illinois, you are hereby com- manded to search thoroughly, the said place, and to seize said liquor and the vessels containing it, and securely keep the same until final action be had thereon. Hereof fail not, but due return make. "Dated at , this day of "A. B., J. P., or Police Magistrate." The form of notice required by section thirteen may be substantially as follows: Form "To C, D. of , in the county of of notice , and to all others whom it may con- cern — Greeting: "Whereas, pursuant to the provisions of an act entitled 'An act for the suppression of intemperance, and to amend chapter thirty of the Revised Statutes,' upon due complaint, dated , and upon warrant duly issued upon said complaint, certain liquor, with the vessels containing it (de- scribe the liquor and the vessels with rea- sonable certainty) was seized at (describe the place as nearly as may be) in the , of , on the day of — , A. D. 18 — , by (name of officer) a (sheriff, deputy sheriff, or other officer, as the case may be) which said liquor and vessels were seized because it is alleged that said liquor was owned, or kept, or carried, by some person, with intent that APrENDIX K 203 said liquor should be sold or given away contrary to the law. And whereas the said liquor, if so owned or kept, with such in- tent, is liable to forfeiture; now you, the said C. D., and all others whom it may con- cern, are hereby summoned to appear be- fore me at (name of town, city, or other place,) on the day of , at o'clock, in noon, then and there to show cause, if any you have, why said liquor and vessels should not be ad- judged forfeited. "Dated at , this day of , A. D. 18—. "A. B., J. P., or Police Magistrate." S. 17. If any person shall be found in a state of Intoxication in any highway, street, courthouse, or other public place, or shall be found in a state of intoxication in any place, committing any breach of the peace, or disturbing others by noise, any sheriff, deputy sheriff, constable, or (if within any city) said officer or any police officer of a city, city marshal, or other officer, may without warrant, and it is here- by made his duty to take such person into custody, and detain him in some proper place until, in the opinion of such officer, he shall be so far recovered from his in- toxication as to be capable of properly testifying in a court of justice, and shall then bring him, if said person is willing, before some justice of the peace of the county, or if arrested within a city, police magistrate of a city; and if such person is willing to make full disclosures regard- ing the person or persons of whom, and 204 LINCOLN AND PROHIBITION the time, place, and manner in which the liquor producing his intoxication was pro- cured, and all the circumstances attending it, such justice or police magistrate shall administer to him the oath provided for witnesses, and he shall inquire of him in the presence of the officer, regarding the mat- ter, and if upon such inquiry, it shall ap- pear to such officer that any of the offenses specified in the eighth or ninth sections of this act have been committed within this State, such officer (who is hereby author- ized so to do) shall in due form of law file his complaint to said justice or police magistrate against the person or persons upon such disclosure appearing to the offi- cer to be guilty thereof, and shall, if the said person so taken intoxicated be willing thereto, detain said person until the trial of said complaint before said justice or police magistrate. And said justice or police magistrate shall issue his warrant for the immediate arrest of the person charged in said complaint, and he shall accordingly be arrested and brought before said justice or police magistrate (as the case may be) to answer to said complaint, and shall be tried thereon without unneces- sary delay, and convicted or acquitted in due form of law; and it shall be the duty of said officer to prosecute such complaint, and of any State's attorney, or (if the offense is committed within the limits or jurisdiction of a city) the city attorney to assist him in such prosecution. And the person so arrested, when taken and brought before said justice of the peace or police APPENDIX K 205 magistrate, shall be immediately put to plead to said complaint; and unless he plead guilty, the trial of said complaint shall be commenced, and, whether he plead guilty or not, the testimony of the person found intoxicated as aforesaid shall be taken, of which testimony the said justice or police magistrate shall make a true rec- ord; and if the person so complained against shall be found guilty, and shall appeal from the judgment of said justice or police magistrate, or (in the cases before a justice hereinbefore provided for in sec- tions eight and nine) shall give bail for his appearance at the next term of the circuit court of the county wherein said judgment is rendered, or shall be commit- ted in default of giving bail for his said appearance, said justice may, in his dis- cretion, recognize with surety such wit- ness for his appearance to testify in said case before the court to which said ap- peal may be taken, or to which said defen- dant shall be required to appear. And if upon such trial or trials the person so found intoxicated shall, in the opinion of the prosecuting officer, testify freely, fully, and fairly regarding the procurement or receipt of the liquor which produced his intoxication, the person or persons of whom, and on what terms it was obtained or received, and the time and place of such receipt, and all the circumstances regard- ing it, he shall be discharged, and no evidence which he shall have given, either before said justice or police magistrate in making such disclosures, or as a witness 206 LINCOLN AND PKOHIBITION upon said trial or trials, shall be used against him in any trial or proceeding whatever; nor shall any prosecution be instituted or carried on against him for or on account of such intoxication. But if Refuse to he shall refuse to be taken before said testify justice of the peace or police magistrate, as hereinabove provided, by the officer or officers having him in custody, or if, when brought before such justice of the peace or police magistrate, he shall refuse to make disclosures before said justice or police magistrate in the manner herein- before provided for, or shall refuse to testify freely and fully, as a witness on said trial or trials, then he shall be in due form prosecuted for his intoxication, and on conviction thereof be punished as pro- vided in the twenty-sixth section of this act. The costs of the arrest and detention of the person so taken intoxicated shall, upon the order of the justice or police magistrate before whom such person is brought, be paid from the treasury of the town, city or county in which the arrest is made. This section shall not be so con- strued as to authorize the forcible deten- tion of the person so taken intoxicated after he shall have recovered from his in- toxication, until the trial of the person or persons against whom his disclosures shall be made before the justice or police magis- trate; but if such person, upon recovering from his intoxication, shall not voluntarily consent to go, and go with the officer, and make the disclosures contemplated in this section, and shall not thereafter volun- APPENDIX K 207 tarily remain in custody of such officer or some other proper person by said officer designated, until such trial, he shall be forthwith prosecuted for his intoxication under the twenty-sixth section of this act; and any officer who by this section is authorized to arrest such intoxicated per- sons, may make complaint against and prosecute such person for such intoxica- tion. S. 18. Every sheriff, deputy sheriff, and constable of any county, mayor, or city marshal, or other police officer of any city, or the president and trustees of any in- corporated town, are hereby authorized, and it is hereby made their duty, within their respective counties or cities or towns, as the case may be, when any violation of any of the provisions of this act shall come to their or his knowledge, or on being in- formed of the same, and being furnished with reasonable proof of the fact, or having good reason to suspect that an offense has been committed against this act, to make the complaints, and to institute and carry on prosecutions against any person or persons violating the provisions of this act as hereinbefore provided; and any com- plaint herein provided for may be so made by any one of the said officers. If any such officer receiving salary or fees, knowing or being informed, and being furnished with reasonable proof of the fact, or having good reason to believe or suspect that any person or persons have, within their re- spective jurisdictions, been guilty of violat- ing any of the provisions of this act, shall Duty of sheriffs, constables, marshals, &c. 208 LINCOLN AND PROHIBITION fail to make complaints and institute and carry on prosecutions against such person or persons so offending, as herein pro- vided for, said officer or officers shall, upon conviction, be punished by fine not less than twenty-five and not exceeding one hundred dollars. And, moreover, upon con- viction, if the same shall be had in the circuit court of the county wherein such officer shall hold his office, or of the circuit court of any other county to which the same may be removed by change of venue under the laws of this State, it shall be the duty of the court before whom such conviction shall be had, to declare the office of said officer vacant; and said officer shall thereafter be disqualified from holding the same office anywhere in the Penalty for State of Illinois. For any violation of violation ^jjjg section prosecutions may, upon the complaint of any resident of the county or (in case of violation hereof by a city marshal, mayor, or other police officer of any city) city wherein said officer shall hold his office, before any justice of the peace, or in case of a city officer, police magistrate, or by indictment in the circuit court of the county wherein said officer shall hold his office. Nothing in this sec- tion shall be construed to prevent any residents of a town, city, or county, as the case may be, from making complaints and instituting and carrying on prosecutions as in other sections of this act provided. Sheriffs, deputy sheriffs, and constables are authorized, and it is hereby expressly made their duty, to make said complaints APPENDIX K 209 conducted by the State and the city attorneys and institute and carry on prosecutions for violations of this act where the offenses may be committed within the limits of an incorporated city, or any other place in their county, anything in any law or charter to the contrary notwithstand- ing. S. 19. All cases under this act which Cases to be shall come by appeal, writ of error, or in any other manner before any higher court than a justice's court, shall in such higher court be conducted by the State's attorney, or (in case the offense be committed within the limits of any city) city attorney (as the case may be) in behalf of the prosecu- tion, and shall take precedence in such court of all other criminal business, except those criminal cases in which the parties accused are actually under arrest awaiting trial; and the prosecuting officers shall not have authority to enter a nolle prosequi, except by the consent of the court, and where the purposes of justice manifestly require it. S. 21. "Whenever default shall be had of any recognizance, or whenever a breach of the condition of any recognizance or bond given pursuant to this act shall have occurred, the proper officer shall forthwith commence suit upon said recognizance or bond, and pursue the same to final judg- ment as speedily as possible. Any judgment recovered in such suit shall be for the full amount of said recognizance or bond, with costs of suit; and no court or officer shall remit to the defendant or defendants any part of said judgment. Suit on bond 210 LINCOLN a:nd prohibition Not necessary to set forth the kind of liquor in complaint Fees S. 22. In any complaint or indictment under this act it shall not be necessary to set forth exactly the kind or quantity of liquor sold or manufactured, nor whether the accused was a principal or clerk, ser- vant or agent, or the exact time of the sale or the manufacture thereof, but proof of the violation by the accused of any pro- vision of this act, the substance of which violation is briefly set forth in said com- plaint or indictment, within the times men- tioned in said complaint, shall be sufficient to convict such persons; and it shall not be requisite in any complaint or indictment for a second or subsequent offense to set forth the record of a former conviction, but it shall be sufficient briefly to allege in such complaint such former conviction. Nor shall it be necessary, in every case, to prove payment in order to prove a sale within the meaning of this act. This act shall in all courts be liberally construed for the detection and punishment of of- fenses; and any defects in any complaint or indictment or declaration, either of form or substance, may be amended by the court before which the same is pending, whether by original entry, appeal or otherwise. S. 23. A justice of the peace, police magistrate, or clerk of the circuit court shall be entitled to receive for causing notices to be posted up and left pursuant to section 13, fifty cents for each notice; and for receiving a complaint and making certificate thereon, as required by sections 12 and 16, the justice of the peace or police magistrate shall be entitled to receive one APPENDIX K 211 dollar; for issuing an order pursuant to section 14, fifty cents; where notice shall be published in a newspaper, the printer or publisher of such paper shall be entitled to receive such compensation as the court shall order; and the officer who shall make service of any warrant for the seizure of liquor shall be allowed for the same two dollars; for the removal and custody of said liquor, his reasonable expenses and one dollar; for the delivery of any such liquor under order of the court, his rea- sonable expenses and one dollar; and for posting and leaving the notices required by sections 13 and 33, one dollar. For all other services under this act, the said justice of the peace, police magistrate, clerks, or other officers shall be allowed to receive the same compensation as is now Additional by law allowed for similar services. Noth- compensation ing in this act or any law of this State shall prevent any of said officers from re- ceiving any additional compensation which may be allowed to them by the ordinances of any incorporated town or city. Nor shall any interest which said officers may have in their fees or in such compensa- tion render said officers incompetent to testify as witneses in any trial or pro- ceeding authorized by this act; nor shall any person be rendered incompetent to testify as a witness in any trial or pro- ceeding authorized by this act by reason or on account of said person being an in- habitant of any town, city, or county where- in an offense may be committed, or such proceeding may be had. 212 LINCOLN AND PROHIBITION Common council to prosecute for breach of bond Penalty for violating the provisions of this act S. 24. The common council of any city, the president, and trustees of any incor- porated town, or the board of supervisors, or the county court of any county, when- ever complaint shall be made to them that a breach of the condition of the bond given by an agent appointed by them under this act has been committed, shall notify such agent of such complaint, and if upon hear- ing of the parties it shall appear that any such breach has been committed, they shall revoke said agent's appointment; and whenever such breach is in any way made known to the common council of any city, the president and trustees of any town, the board of supervisors or county court of any county, or any one of them, they or he, shall, at the expense and for the use of said city, town, or county, cause the bond to be put in suit. S. 25. All payments or compensations for liquor hereafter sold in violation of this act, whether such compensation be in money, goods, land, labor, or anything else, shall be held to have been received in violation of law and against equity and good conscience, and to have been received upon a valid promise and agreement of the receiver in consideration of the re- ceipt thereof to pay to the person furnish- ing such consideration on demand the amount of said money, or the just value of such goods, land, labor, or other thing. All sales, transfers, conveyances, mort- gages, liens, attachments, pledges, and se- curities of every kind, which either in whole or in part shall have been made for APPENDIX K 213 or on account of spiritous or intoxicating liquors sold in violation of this act, shall be utterly null and void against all per- sons in all cases, and no rights of any kind shall be acquired thereby; and no action of any kind shall be maintained in any court of this State for spiritous or intoxi- cating liquors, or mixed liquor, of which a part is spiritous or intoxicating, sold in any other State or country contrary to the law of said State or country, or with in- tent to enable any person to violate any provision of this act, nor shall any action be maintained for the recovery or posses- sion of spiritous, or intoxicating, or mixed liquor, or the value thereof, except in cases where persons owning or possessing such liquor, with lawful intent, may have been illegally deprived of said liquor. Nothing in this section, however, shall affect in any way negotiable paper, in the hands of any iona fide holder thereof who may have given valuable consideration therefor, with- out notice of any illegality in its inception or transfer, or the holder of land or other property who may have taken the same in good faith without notice of any defect in the title of the person from whom it was taken; and all other sections of this act, and all evidence given under them, shall be construed in the same way as they would be if this section were omitted from this act, and have the same effect. In all actions at law or suits in equity brought for the recovery of spiritous, intoxicating, or mixed liquor, or the value thereof, or founded upon sales, transfers, conveyances, Not to extend to negotiable paper in the hands of holder bona fide 214 LINCOLN AND PROHIBITION mortgages, liens, attachments, pledges, and securities of every kind, whicli either in whole or in part shall have been made for or on account of spiritous or intoxicating liquor sold in violation of this act, it shall not be necessary for the defendant or de- fendants to plead the same, or that said liquor was sold contrary to the provisions of this act, but the same may be given in evidence on the trial of such action or suit in equity; and whenever it shall ap- pear in evidence or by the pleadings to any court before which such actions at law or suit in chancery shall be tried or pending, that the same is brought for the recovery of spiritous or intoxicating liquor, or mixed liquor sold contrary to the pro- visions of this act, or the value thereof (except in cases where persons owning or possessing such liquor with lawful intent, may have been illegally deprived of said liquor), or is founded upon any sale, trans- fer, conveyance, mortgage, lien, attach- ments, pledges, or securities of any kind, which either in whole or in part shall have been made for or on account of spiritous or intoxicating liquor sold in violation of this act, it shall be the duty of said court, whether the defendant or defendants interpose said defense or not, or whether the said defendant or defendants desire the same to be done or not, forthwith to dismiss the said action at law or suit in equity, at the cost of the plaintiff or plaintiffs or complainant or complainants, unless the said action at law or suit in equity shall be instituted for his own use APPENDIX K 215 and benefit by the J)ona fide holder of negotiable paper, who may have given a valuable consideration therefor without notice of any illegality in its inception or transfer, or the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom it was taken. S. 26. If any person shall be found in- Fine for toxicated in any highway, street, court- bemg found , ., i_Ti t-ii-i- intoxicated house or other public place, or shall be . ., ,,. ^ ^ > in the public found in a state of intoxication in any places place committing any breach of the peace, or disturbing others by noise, he shall, on conviction thereof, pay a fine of twenty dollars to the city, town, or (if found in- toxicated in any highway, street, court- house or other public place, or shall be found in a state of intoxication in any place committing any breach of the peace, or disturbing others by noise without the limits of an incorporated city or town) county in which the offense is committed, together with the costs of prosecution, and stand committed until the fine and costs are paid. Every prosecution for a viola- tion of this section shall be heard and determined by a justice of the peace of the county or (if within the limits of an incor- porated city) by a police magistrate of the city where the offense was committed; but the person convicted upon said prosecu- tion may appeal from said judgment to the circuit court of the county in which the oifense is committed: Provided, that he Proviso shall forthwith giv© such bond (of recog- 216 LINCOLN AND PROHIBITION nizance) with surety as said justice or police magistrate shall order, conditioned for his appearance at the next term of the said circuit court to answer said complaint, and for abiding the judgment that may be rendered by the court thereon; and if in case of conviction of said offense before any police magistrate, or before the circuit court, the person so convicted shall fail to pay the fine and the costs of his prosecu- tion, he shall be committed to jail, and shall not be released until he shall have been imprisoned for thirty days. And if any officer authorized to arrest with or without warrant any person so found in- toxicated shall fail so to arrest any person whom he may see intoxicated, said officer shall forfeit and pay for every such offense twenty dollars, to be recovered by an action of debt before any justice of the peace of the county or police magistrate of any city within which said officer shall hold his office. Compensation S. 27. The common council of any city, to agents h^q president and trustees of any incor- porated town, the board of supervisors or the county court of any county, or a ma- jority of either of said bodies, may appro- priate out of the city, town, or county treasury such sums as in their judgment shall be necessary for the purchase of spiritous or intoxicating liquor by the agent or agents of said city, town, or county, to be by him or them sold under the provisions of this act. And no agent appointed under this act shall have power on behalf of any city, town, or county to APPENDIX K 217 contract any debt for spiritous or intoxi- cating liquors which shall to any extent be binding on such city, town, or county. All fines and forfeitures collected under Application the provisions of this act, and all profits °^ ^^^^ *°<* accounted for by agents to sell spiritous or ° ^' ^^^ intoxicating liquors shall be applied — first, to the payment of the compensation al- lowed said agent or agents, next to the payment of costs which may under the pro- visions of this act be incurred by said city, town, or county, and the remainder, if any, shall be put into the school fund of the city, town, or county, as the case may require, in which the offense may have been committed or the profits made. If any agent appointed under this act, shall sell any liquor at a greater profit than hereinbefore provided for, such agent shall be deemed guilty of an unlawful sale, and shall be prosecuted, and upon conviction be punished and dealt with in the same manner provided in case of illegal sales by other persons, and, moreover, shall ipso facto forfeit his appointment as agent, and shall not be thereafter qualified or allowed to act as agent for the sale of spiritous or Intoxicating liquors under this act any- where in this State. S. 28. Whenever any violation of any of Appeal the provisions of this act shall be com- '^^y^ mitted in any corporated town or city, the prosecutions herein provided for may be instituted and carried on in the name of said city or town. In all cases under this act (except where the justice of the peace or police magistrate may be acting as a taken 218 LINCOLN AND PROHIBITION court of inquiry in accordance with the provisions of this act, and section 203, Chapter XXX, Revised Statutes) the party prosecuting or the defendant or defendants shall be entitled to a trial by jury, and in cases of trial by jury, where the punish- ment is by fine or imprisonment, either or both, the jury shall fix by their verdict the amount of the fine and the period of im- prisonment, in accordance with the pro- visions of this act. Appeals may be taken in all cases from the judgment of justices of the peace or police magistrates (except where said justice or police magistrates may be sitting as a court of inquiry as aforesaid), provided the defendant or de- fendants shall forthwith give the bond or bonds hereinbefore required. And any city or town aforesaid may also appeal from any judgment of such police magistrate or justice of the peace in like cases, by filing with said justice or magistrate the bond of said city or town under the cor- porate seal thereof, if they have any, and if not, then said bond shall be signed by the president of the board of trustees of such town, or the mayor or other chief officer for the time being of any city. And in case said prosecution before said justice or police magistrate shall be in the name of the people of the State of Illinois, appeals may be allowed in the same way to the people as is now provided in cases of assault and battery. Any bond given on appeal from the judgment rendered by jus- tices of the peace or police magistrate under the provisions of this act shall be APPENDIX K 219 for certain purposes from the date thereof until the same is discharged a lien on all the property, real c-nd personal, of principal and securities. And no principal or security on any appeal bond shall be released from his or their liability thereon by reason of any defect, formal or substantial, in said bond, or in the execution or approval thereof; but the said principal and securities shall in all courts be held liable in the same manner and to the same extent as if the said bond or bonds had been in all respects, written, taken, conditioned, executed and approved according to law. S. 29. Nothing contained in this act Manufacture shall be so construed as to prohibit the not prohibited manufacture or keeping for sale of burning fluids of any kind, perfumery, essences, chemicals, dyes, paints, varnishes, cos- metics, solutions of medicinal drugs, medical compounds, or any other article which may be composed in part of alcoholic or other spiritous liquor, if not adapted to use as a beverage: Provided, however, that if such article is capable or being used, or intended to be used as a beverage or in evasion of this act, the manufacture or keeping for sale, or sale thereof, shall be deemed a violation of this act and punished accordingly. S. 30. It shall be the duty of any mayor. Duty alderman, city marshal, or deputy marshal, of mayor, sheriff, deputy sheriff, or constable, if he shall have information that any intoxicat- ing liquors are kept or sold in any tent, shanty, hut, wagon, or hand-carriage of any kind, or place of any kind other than aldermen, etc. 220 LINCOLN AND PROHIBITION a dwelling house, for selling refreshments in any public place on or near the grounds of any cattle show, agricultural exhibition, military muster, camp meeting, or any pub- lic occasion of any kind, to immediately make complaint thereof on oath, before some justice of the peace or police magis- trate, who shall issue his warrant, com- manding him to search the place or places named in said complaint; and such mayor, alderman, city marshal or deputy marshal, sheriff, deputy sheriff or constable, shall proceed to search such suspected places, and if said officer shall find upon the premises any intoxicating liquor, he shall seize said liquor and arrest the keeper or keepers of said place, or of said wagon or carriage, and take them forthwith, or as 60on as may be, before some justice of the peace of the county, or (if within a city) police magistrate of a city, and thereupon such officer shall make a written complaint, under oath or affirmation, and subscribed by him, to such justice or police magis- trate, who shall thereupon proceed to hear and determine said complaint and upon proof that such liquors are intoxicating, that they were found in the possession of the accused in a tent, shanty, or other place as aforesaid, other than a dwelling house, he or they shall be sentenced, upon convic- tion (if before a police magistrate), to imprisonment in the county jail for thirty days, or (if before a justice of the peace) to pay a fine of fifty dollars and costs of the proceedings; and said liquor so seized shall be forfeited and delivered over by APPENDIX K 221 the officer or other person having the same in custody, upon the order of the justice or police magistrate, to the agent (or one of them), of the city, town, or county where such liquor shall have been seized, to he dealt with by said agent as other forfeited liquor. S. 31. If any railroad conductor, freight Railroad agent, expressman, depot master, or other conductors ., , i ^ . and other person m the employment of or m any p^bUc agents manner connected with any railroad cor- uable to poration, or any teamster, stage driver, or prosecution common carrier of any kind, or any person professing to act as agent for any other person or persons, whether within or without this State, or any other individual of whatever calling, shall knowingly bring within this State, for any other person, any intoxicating liquor, to be used or dis- posed of for any other purposes than those recognized lawful by this act, or shall knowingly procure for any other per- son or persons, or shall knowingly aid, assist, or abet, in any man- ner whatever, any other person or persons in procuring intoxicating liquor, except for the purposes contemplated by this act, such person or persons so offending shall forfeit and pay into the treasury of the county, town or city, as the case may be, a fine of one hundred dollars and costs of prosecution on the first conviction, and on the second and every subsequent con- viction two hundred dollars and costs, and be imprisoned in the county jail not less than three nor more than six months. If any contractor, subcontractor, agent. 222 LINCOLN AND PKOHIBITION Penalty for resisting ofiBcers Circuit court to have jurisdiction in certain cases engine driver, conductor, director, or other employee, engaged in the construction or operation of any railroad, canal, or other public work in this State, shall violate any of the provisions of this act, he or they shall be fined and imprisoned, or either, as the case may be, to double the extent of other persons so offending. S. 32. Any person against whom or whose premises a search warrant has been issued, or any other person who shall re- fuse to permit the search to be made, or otherv/ise use violence to prevent the same, or who shall resist any officer in the execution of any other process authorized by this act, or threaten to use vio- lence to prevent the execution of the same, shall be deemed to have resisted the officer, and be made subject to the penalty inflicted by the Revised Statutes therefor. S. 33. Nothing in this act shall be so construed as to authorize any justice of the peace to try any person (except as a court of inquiry) for any offense against any provisions of this act where the pun- ishment is by a fine above one hundred dollars or imprisonment, or to adjudge any liquor to be forfeited, as hereinbefore provided, where the value of said liquor shall exceed one hundred dollars; but in all cases where any person for any offense, the punishment whereof is imprisonment or fine exceeding one hundred dollars, shall be brought before any justice of the peace, or where in the trial of any cause under this act it shall appear that the offense for which the accused is upon his trial is APPENDIX K 223 one for which the punishment, as pre- scribed hereby, is more than one hundred dollars or imprisonment, or both, said justice shall proceed in such case in man- ner provided in section 203, of Chapter XXX, of Revised Statutes; and if such fact shall appear as aforesaid upon the trial of the cause by a jury, said jury shall be discharged without rendering any verdict, and said justice of the peace shall admit said defendant or defendants to bail, or in default thereof, commit him or them to await trial the next term of the circuit court of the proper county, in same manner as provided by said section 203, of Chapter XXX, Revised Statutes. In all cases where it shall appear, from the officer's return of any search warrant issued under the provisions of this act by any justice of the peace, that the liquor seized is of greater value than one hundred dollars, or if dur- ing or upon the hearing or trial of said complaint, as provided in the 13th section of this act, it shall appear to said justice on the evidence, or (if the trial is by a jury) by the verdict of said jury, that said liquor is of greater value than one hun- dred dollars, then in either or both cases it shall be the duty of said justice of the peace not to render judgment but forthwith to make a record of all the proceedings before him (except the testimony of wit- nesses), and certify the same under his hand and seal, and file the same in the clerk's office of the circuit court of the proper county; and said clerk shall, upon receiving and filing said transcript, imm©- 224 LINCOLN AND PROHIBITION Proviso Fine and im- prisonment diately cause to be published in some newspaper in his county (and if there be no newspaper in said county, then shall cause to be posted upon the door of the court house), and also in either case to be left with or at the last usual place of abode of the person named in the said complaint as the owner or keeper of said liquor, if such person be a resident of this State, a notice, summoning such person, and all others whom it may concern, to appear before the said circuit court, at the next term thereof, and show cause, if any they have, why said liquor should not be forfeited with the vessels containing it. Said circuit court shall hear and determine said question or forfeiture of said liquors, and shall proceed in the same manner pro- vided in the 13th and 14th sections hereof: Provided, if two weeks shall not intervene between the day of publishing and serving said notice as aforesaid and the first day of the next term of the said circuit court, said cause shall be continued until the next terra of the said circuit court. The term "justice of the peace," as herein used, shall not be construed to include police magis- trate. S. 34. If any person, by himself, clerk, servant, or agent, shall sell, furnish, or give away any intoxicating liquor, which shall be impure or adulterated, he shall for- feit and pay into the treasury of the town, city, or (if the offense is committed with- out and beyond limits of any incorporated town or city) county, not exceeding one hundred dollars, and be imprisoned three APPENDIX K 25^5 months in the jail: Provided, no authorized Proviso agent appointed hereunder shall be subject to the liabilities of this section, uniess such agent shall persist in selling or fur- nishing such impure or adulterated liquor, knowing the same to be such ; prosecutions under this section may be, if the offense Is committed within the limits of an incor- porated city, brought before a police magis- trate of said city, or by indictment in the circuit court of the proper county, whether committed within a city or not; and if the offense be committed without the limits of a city, then the case may be brought be- fore any justice of the peace of the county, In manner provided in section 203, of Chap- ter XXX, of the Revised Statutes. S. 36. All laws and parts of laws incon- Inconsistent sistent with this act shall be repealed when ^"^^^ repealed this act goes into operation; Provided, that all prosecutions which shall have been commenced at the time this act goes into operation shall be carried on to final judg- ment and execution as if this act had not have been passed: Provided, all laws authorizing the issuing or granting licenses to sell spiritous or intoxicating or mixed liquors shall be repealed from and after the date of the passage of this act. S. 37. No officer or other person shall be Officers not liable to any action or prosecution, civil ^^^^^ *°. or criminal, in behalf of any person or the people, for the making, issuing, trying, or executing any complaint, warrant, or other process under this act, or for insti- tuting, prosecuting, or trying any suit, prosecution, or other proceeding here- prosecution 226 LINCOLN AND PROHIBITION Proviso Complaints of married women When to take effect Election to be held under: Provided, said officer or other per- son shall have acted in good faith. S. 38. Any married woman who shall complain that liquor has been sold to her husband contrary to law, or any widow who shall complain that liquor has been sold to her son or sons contrary to law, may, in the stead of place of the two resi- dents required by section twelve of this act, make the complaint mentioned in said section twelve, or any other section of this act, and may institute and carry on any prosecution provided by this act. Nothing in this act shall be construed to require that a search warrant should be issued or executed prior to a prosecution for a violation of any section of this act; but such prosecution or prosecutions may be instituted and carried on either with or without the issuing or executing of such, warrant. All prosecutions for any viola- tions of this act may be by indictment in. the circuit court of the county where the offense may be committed, anything herein to the contrary notwithstanding; but a conviction before a justice of the peace or police magistrate shall be a bar to an indictment for the same offense, and vice versa. S. 39. The foregoing provisions of this act shall take effect on the first Monday of July next: Provided, if a majority of the ballots to be deposited as hereinafter pro- vided shall be "against prohibition," then this act shall be of no force or effect whatever. S. 40. An election shall be held on the \ J APPENDIX K. '* 227 first Monday of June next, at the usual places of holding elections according to the laws of this State in such case made and provided, at which election persons entitled to vote under the constitution and laws of this State may express their judgment and choice in regard to this act, by depositing in the ballot box their ballots, with the words "for prohibition" or "against pro- hibition." Notices of said election shall be given, and said election shall be con- ducted according to the laws of this State regulating general elections. Returns of said election shall be made and canvassed as is now provided by law in elections for representatives in Congress; and when the result of said election is so ascertained, the governor of the State shall issue his procla- mation announcing said result. This sec- tion shall take effect from and after its passage. S. 41. The secretary of state shall cause Duty of to be published in pamphlet form 50,000 secretary copies of this law inamediately after the adjournment of the Legislature, and shall forthwith send to each county clerk of the different counties five hundred copies there- of, to be distributed among the people; and it shall be the duty of the county clerks to cause said laws to be distributed throughout their counties respectively. APPROVED February 12, 1855. of state AUTHORITIES CONSULTED The author makes grateful acknowledgment of aid received by reference to the following books of record: Reminiscences of Abraham Lincoln by Distinguished Men of His Time, by Allen Thorndike Rice. Published by the North American Review Co., New York. Abraham Lincoln and the Men of War Times, by Colonel A. K. McClure. Published by the Times Pub- lishing Company, Philadelphia. Abraham Lincoln and the Men of His Time, by Robert H. Browne. Published by the Blakely-Oswald Company, Chicago. Abraham Lincoln, by Charles Carleton Cofl^Q. Pub- lished by Harper and Brothers, New York. Abraham Lincoln; the True Story of a Great Life, by Herndon & Weik. Published by D. Appleton & Company, New York. The Lincoln Legion, by Louis Albert Banks. Pub- lished by the Mershon Company, New York. History of Illinois, by Davidson and Stuve. Life of General John A. Rawlins, by General James Harrison Wilson. History of the Secret Service, by General L. C. Baker. Anti-Saloon League Year Book, 1919. Reminiscences of Neal Dow. Published by the Eve- ning Express Company, Portland, Me. The Diary of Gideon Welles, by Edgar T. Welles; and Uncollected Letters of Abraham Lincoln, by Gilbert A. Tracy. Published by Houghton Mifflin Company, Boston and New York. The use of Lincoln's letter to N. B. Judd, and the quo- tation from the Welles diary are by permission of and special arrangement with Houghton Mifflin Company. 228 INDEX Adams, Rev. Thomas, quoted by Neal Dow, Chapter I Arnold, Isaac N., signs Merwin petition. Chapter XIX Baber, A. J., on Lincoln, Chapter XVI; letter to John G. Woolley, Appendix "E" Baker, General L. C, on Alcohol the Army Curse, Chap- ter XXI; reports to President Lincoln and Secre- tary Stanton on Drunkenness in Army, Chapter XXI Bates, David H., on Merwin Documents, following Pre- face Beecher, Henry Ward, advised Lincoln, Preface Bellows, Rev. Henry W., advised Lincoln, Preface Berry, William, Lincoln's business partner, Chapter VI Black, Gov. Frank S., tribute to Lincoln, Chapter XXVIII Blair, Gov. Austin, signs Merwin's petition. Chapter XIX Blair, Henry, on Washingtonians, Chapter VII Blakeslee, Rev. P. D., Merwin's letter to; Appendix "F" Booth, John Wilkes, a drunkard, Chapter XXV Browne, Robert H., author. Chapters III and IV Browning, Senator O. H., signs Merwin petition, Chap- ter XIX Buckingham, Gov. W. A., signs Merwin petition. Chap- ter XIX Butler, Gen. Benjamin F., indorses Merwin, Chapter XIX Chandler, Senator Zach., signs Merwin petition. Chap- ter XIX Chiniquy, Father, defended by Lincoln, Preface Dana, Charles A., To New Haven Colony Historical So- ciety, Preface Davis, Judge David, on Lincoln's secretiveness, Chapter XXVI Davis, Dr. Nathan Smith, Appendix "G" Dix, General John A., letter of indorsement of Merwin, Chapter XIX 229 230 LINCOLN AND PKOHIBITION Dixon, Senator James, signs Merwin petition, Chap- ter XIX Doolittle, Senator James R., signs Merwin petition, Chapter XIX Douglas, Stephen A., debate with Lincoln at Ottawa, Chapter VI; Douglas against prohibition. Chapter XVI Dow, General Neal, Chapter I Drummond, Judge Thomas H., signs Merwin petition. Chapter XIX Edwards, B. S., and Illinois prohibition law, Preface and Chapter XIV Enloe, Abraham, quarrel with Thomas Lincoln, Chap- ter II Evening Post reference to Merwin, Chapter XXII Farmer, Rev. Aaron, published Lincoln's temperance es- say. Chapter V Fessenden, Senator William P., urges passage of internal revenue act, Chapter XXIII Greeley, Horace, Lincoln's message to, through Merwin, Chapter XXIV Grimes, Senator James W., signs Merwin petition. Chapter XIX Gurley, Rev. Phineas D., advised Lincoln, Preface Hammond, Surgeon General W. A., Chapter XIX Hanks, Nancy, Chapter II Harlan, Senator James, signs Merwin petition. Chapter XIX Harris, Senator Ira G., opposes internal revenue act. Chapter XXIII Hays, Will H., Postmaster General, Foreword Head, Rev. Jesse, Chapter II Herndon, W. H., Lincoln's law partner, Chapter V; on Lincoln's secretiveness. Chapter XXVI Hicks, Gov. Thomas A., signs Merwin petition. Chapter XIX INDEX 231 Howe, Senator Timothy, signs Merwin petition, Chapter XIX Illinois Prohibition Law of 1855, Appendix "K" Jaquess, Col. J. F., commissioned by Lincoln, Preface Judd, N. B., Lincoln's letter to, on crooked voting. Chapter XXVII Kirkwood, Gov. Samuel, signs Merwin petition, Chap- ter XIX Lincoln, Abraham. Home training. Chapter III; prowess as athlete, Chapter IV; first temperance lecture, Chapter IV; essay on temperance at seventeen, Chapter V; denies being a grocery keeper, Chapter VI; admits he worked in still-house, Chapter VI; tells Swett he never tasted liquor. Chapter VI; joined Washingtonians, Chapter VII; address to Washingtonians, 1842, Chapter VIII; prophecy about end of slavery and drunkenness. Chapter VIII; Lin- coln and pledge-signing. Chapter XI; Lincoln and Breckinridge boy. Chapter XI; Lincoln indorses his pastor's strict temperance views. Chapter XII; Lincoln and Illinois prohibition campaign. Chapter XIII; wrote prohibition law, Chapter XIV; letter to N. B. Judd on crooked elections. Chapter XV; de- feated by Trumbull for Senator, February 8, 1855, Chapter XV; cold water only at Lincoln's notifica- tion, 1860, Chapter XVII; Lincoln and Merwin, Chapter XIX; writes pass for Merwin, Chapter XIX; Lincoln, and Grant's liquor drinking. Chapter XX; distress over Hooker's defeat at Chancellors- ville, Chapter XXI; Lincoln's last utterance on temperance. Chapter XXIV; Lincoln's assassins a drinking set, Chapter XXV; Lincoln's secretive- ness, Chapter XXVI; Lincoln and Panama Canal, Appendix "I" Lincoln, Robert T., letter on Merwin, Appendix "H" Lincoln, Thomas, father of Abraham, Chapter II 232 LINCOLN AND PKOHIBITION Leland, Charles G., on Nancy Hanks and social condi- tions. Chapter III Lloyd George referred to by Postmaster General Hays in Introduction Locke, D. R., quoted by Gen. Neal Dow, Chapter I Logan, Judge Stephen T., helps draft prohibition law, Chapter XIV McClure, Colonel A. K., on Lincoln, Preface; Merwin's message from Lincoln to, Chapter XXIV McDougall, General C, on Merwin, Chapter XIX; letter to Senator Harlan about Merwin, Appendix "B" Maine Law Riots in Chicago, Appendix "C" Maine Prohibition Law of 1851, Appendix "J" Mathew, Father Theobald, temperance reformer, visits New York 1849, Chapter IX Merwin, Rev. J. B., equipped by Lincoln, Preface; Mer- win's prohibition watch, inscription by Lincoln, Chapter XVIII; statement about Lincoln and him- self to Charles T. White, Appendix "D" Mills, Lyman A., owner of Merwin prohibition watch. Chapter XVIII Mudd, Dr. Samuel A., Chapter XXV Ogden, W. B., financed Lincoln 1855, Preface and Chap- ter XIV Palmer, Professor A. B., signs Merwin petition, Chapter XIX Pitcher, John, friend of Lincoln in Rockport, Ind., Chap- ter V Pomeroy, Senator, opposes internal revenue act. Chap- ter XXIII Prohibition Battle in Illinois in 1855, Appendix "C" Ramsey, Governor Alexander, signs Merwin petition. Chapter XIX Randall, Governor Alexander W., signs Merwin petition. Chapter XIX Rankin, Henry B., statement of authorship of prohibition law, Chapter XIV INDEX 233 Rawlins, General John A., reproves Gteneral Grant, Chap- ter XX Roosevelt, President Theodore, on Lincoln's picture. Chapter XXVIII Russell, Howard H., affidavits obtained by, Chapter XI Scott, General Winfield F., indorses Merwin, Chapter XIX Scripps, J. L., signs Merwin petition. Chapter XIX Seward, Secretary W. H., and Panama Canal, Appen- dix "I" Simpson, Bishop Matthew, advised Lincoln, Preface Smith, Rev. James, advised Lincoln; preached temper- ance, Preface Sons of Temperance, Chapter X Sumner, Charles, indorses Merwin, Chapter XIX Surratt, Mrs. Mary E., Chapter XXV Swett, Leonard, on Lincoln's total abstinence. Preface; on Lincoln's secretiveness. Chapter XXVI Tracy, Gilbert A., book on Lincoln "Uncollected Let- ters," Chapter XXVI Trumbull, Senator Lyman A., Chapter XIX; signs Mer- win petition. Chapter XIX Washingtonian Movement, Chapter VII Watson, Rev. J. V., editor Christian Advocate, Chapter XVIII Welles, Secretary Gideon, on Gen. Hooker's drinking, Chapter XXI Wilmot, David, signs Merwin petition. Chapter XIX; opposes revenue act, Chapter XXIII Wilson, Senator Henry, signs Merwin petition, Chapter XIX; opposes revenue act, Chapter XXIII Wilson, Bishop Luther B., Dedication Woolley, John G., letter from A. J. Baber about Lincoln's temperance speech in 1855, Appendix "E" Wright, Senator, opposes internal revenue act. Chapter XXIII Yates, Gov. Richard, signs Merwin petition, Chapter XIX HOM t9i^ 07 7 837 558 mm\